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HomeMy WebLinkAbout11-09-1998 Council Packet. U LIC A TTENDA C 0 da) (p e e 0 6. __________________________ , _______ _ '·---------------------·--------- 8. _____________________________ _ 9.___ ------------------------------------ 0._____________________________ _ 11. _____________________________ _ 12.�----------------------------- 13.______________________________ __ 14. . _ _:._ ___________________________ __ u · 1 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 9,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINTS’ESOTA (*) Aster-sk items are considered to be routine items to be en?cted upon by one motion by the Cit>' Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - l-Kated on the counter near the sign in sheet. ROLL CALL %/4 CONSENT AGENDA 1.Approve/Amend ST/m, APPROVAL OF MINUTES *2. Regular Meeting of October 26, 1998 *3. Canvassing Board Meeting of November 4,1998 ' ^^avo PARK COMMISSION COMMENTS - Sherokee Isles, Representative PLANNING COMMISSION COMMENTS - Sandy Smith, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 4.#2369 Joe Fiedler, 365-373 Westlake Street - Lot Combination/Accessory- Building -Resolution #2422 Richard Gay, 2735 Shadywood Road - Variance - Denial Resolution #2424 Greg Klohn, 4455 North Shore Drive - Variance - Resolution #2428 Terry Maurer on behalf of David Hardten, 2515 Kelly Avenue - Variance - Resolution Joint Use Dock License - Kelly Cover Homeowners .Association Adopt Comprehensive Plan Amendment =7 - Ma,\well Bay MUSA - Resolution 10.Commercial/Industrial Park Fee - Administrative Procedure 11.Little Orchard - Request to Amend Easement Description 12.Extend Moratorium on Dwelling Unit Density Credit in LR-lC-1 District - Ordinance 5. 6. 7. 8. 9. MAYOR/COUNCIL REPORT ENGINEER REPORT 13.Request for Payment #9 - Bay Ridge/Bracketts Point Sanitary Sewer Project 14.Request for Payment #11 - North Long Lake Sanitary- Sewer Project 15.Request for Payment #3 - Shoreline/Heritage Sanitary Sewer Project CITY ADMINISTRATOR’S REPORT 16.Parking Lot Lighting for City Facilities 17.Hiring of Part-Time Police Officer 18.Topics for Upcoming Work Sessions CITY .ATTORNEY’S REPORT *19. LICENSES *20. BILLS r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, NOVEMBER 9,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA UPCOMING ISSUES AND EVEN'fS 11/09 11/11 11/16 11/18 11/23 11/26 11/27 12/02 12/02 12/07 12/07 12/14 12/24 12/25 Council Meeting, 7:00 p.m. HOLIDAY, Veteran’s Day Planning Commission Meeting, 6:30 p.m. Council Work Session. v:30 a.m. Council Meeting, 7:00 p.m. HOLIDAY, Thanksgiving HOLIDAY, Thanksgiving Council Work Session, 7:30 a.m. Highway 12 Design Review Committee, 5:30 p.m. Truth in Taxation Hearing, 7:00 p.m. Park Commission Meeting, 7:15 p.m. Council Meeting, 7:00 p.m. HOLIDAY HOLIDAY c JUNGIL f/,t:E.r ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 NOV 9 1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Richard Flint, Barbara Peterson, Charles Kelley was absent. Representing Staff were City Attorney Thomas Barrett, Senior Planning Coordinator Micha'*! Gaff on, Planner/Zoning Administrator Elizabeth Van Zomeren, Assistant Zoning Administrator Paul Weinberger, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:02 p m. (#1) CONSENT AGENDA Items 5, 6, 8, 10, 11, 13, 24, 27, 30, and 31 were added to the Consent Agenda. Flint moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. *(«) APPROVAL OF MINUTES - REGULAR MEETING OF OCTOBER 12,1998 Flint moved, Peterson seconded, to approve the minutes of the October 12, 1998 Regular City Council meeting as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS - ANDREW MCDERMOTT, REPRESENTATIVE McDermott addressed the City Council, noting that the plans for Dickey Park are still being prepared by Shardlow and that NSP will be removing all unused poles. McDermott stated a new picnic table has been purchased for Antoine Park and the trail has been paved Work on the Old Crystal Bay short basketball court has commenced and is nearing completion. McDermott remarked that the Parks Commission has been informed that a private citizen is interested in acquiring the Eisinger property, and inquired whether the City Council would like the Parks Commission to continue in their efforts to acquire the land and to prepare plans for the ballflelds ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Park Commission Comments, Continued) Mayor Jabbour suggested the Parks Comniission continue to pursue the Eisinger property, noting that the City would be interested in a 100 year lease if possible. Jabbour commented there are zoning issues involved that will need to be addressed if the Dog House i> interested in relocating to that site. Flint stated he was in agreement with Mayor Jabbour, noting the property is not suited for many uses. McDermott stated the property might not be ideal for structures LAKE MINNETONKA CONSERVATION DISTRICT - LIU MCMILLAN, REPRESENTATIVE McMillan stated the new offices in Deephaven are more accessible with the LMCD holding its first meeting of the month on Wednesday. McMillan commented she is winding up her first year of being the representative to the LMCD, and inquired of the City Council w hat their views of the representation over the past year have t--cn. Mayor Jabbour stated he is grateiul for McMillan's representation on the LMCD, noting Mr. Callahan has stated that McMillan is doing a great job representing Orono. Jabbour commented that Orono occupies 35 percent of the lakeshore around Lake Minnetonka but has a disportionate vote in the LMCD compared to the surrounding cities, noting the City of Orono has attempted to take an active role in the LMCD and has made a positive impact on Lake Minnetonka. McMillan commented the LMCD can serve an important function in addressing the uses of Lake Minnetonka and in protecting the environmental issues surrounding the lake. Goetten noted Orono is a leader in environmental concerns and the City Council appreciates McMillan's elTorts in serving on the LMCD Peterson inquired whether the City Council is interested in discontinuing representation to the LMCD. Mayor Jabbour stated the City does have the option of discontinuing representation to the LMCD, but recommended the City continue to have an impact on the issues dealt with by the LMCD. ORONO CITY COUNCIL MEETINGMINUTES FOR OCTOBER 26, 1998 (Lake Minnetonka Conservation District, Continued) McMillan stated she will continue to push for certain designated improvements that the City of Orono is interested in pursuing. Peterson remarked the City Council should be supportative of McMillan's representation on the LMCD, and inquired if there was any action the City Council could take to help with any p .rticular project. McMillan stated the City Council has been positive about her representation to date, noting she will continue to work on budget issues. Mayor Jabbour commented that upon a request to the state legislatures by the City of Orono, the terms on the LMCD have been reduced from ihree years to one year. Jabbour stated the City of Orono should continue to take a pro-active role in the LMCD, noting the City is pursuing mandatory educational licensing Jabbour inquired whether McMillan would be interested in serving another year on the LMCD. McMillan stated she will accept another one-year term on the LMCD. (#2S) REAPPOINT REPRESENTATIVE TO LAKE MINNETONKA CONSERVATION DISTRICT Jabbour moved, Goetten seconded, to reappoint Lili McMillan for an additional one year term on the Lake Minnetonka Conservation District commencing October 28,1998. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS - LIZ HAWN, REPRESENTATIVE Hawn stated she has nothing to report, but commented that s’ne would be available tor questions throughout the meeting PUBLIC COMMENTS Richard Lyman, 715 North Ferndale Road, inquired whether he could obtain a report as to the status of the construction contracts for North Ferndale Road, noting that improvements to the road have been promi.sed with no construction commencing 3 : ^ ■ ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Public Comments, Continued) Kellogg stated the plans have been submitted to the State, with the City preparing to advertise for bids in January, 1999, awarding the bids in February, 1999, with construction by Octol? n999 ”^^®llogg remarked construction should be completed Lyman inquired whether the posted speed limit could be reduced to 35 mph instead of 40 until thyoad IS improved. Lyman stated the current posted speed limit signs are not readily visible and are not adequate. Lyman requested that hidden driveway signs be posted along the road. noting there are 14 hidden driveways on the Orono side along Femdale Road, which is a hazard. Lyman commented the width of the road does not conform to current City standards as well as not having shoulders. Lyman also requested the City consider relocating the sign concerning the Luce Line Trail to give the motorists more time to slow down. Mayor Jabbour commented Lyman's requests are reasonable but the City of Orono is dictated by law and is not able to lower the speed limit without the input of MnDot. Jabbour stated the Public Works Department can review the locations of the speed limit signs to insure that they are visible to approaching vehicles. Kellogg stated the plans and specifications for North Ferndale Road will cut down the height of the hills as wdl as require 30 miles an hour for the new road. remarked the Orono Police Department has purchased a speed monitor which could be posted along the road to inform the motorists of their traveled speed. Lyman requested that the speed monitor be posted along the road. Mayor Jabbour requested Gappa to relay Lyman's concerns to the police chief ZONING ADMINISTRATOR'S REPORT * PAUL HANSSEN, 3195 CASCO CIRCLE - VARIANCE/CONDITIONAL USE PERMIT Paui Hanssen was present. Weinberger stated the Applicants are requesting a Conditional Use Permit and variances to replace a boathouse and deck located 15 feet from the lakeshore The deck located above the boathouse was damaged in a windstorm; however, the building otTicial has determined the ORONO CITY COUNCIL MEETINGMINUTES FOR OCTOBER 26, 1998 (^2411 Paul Hanssen, Continued) boathouse to be in disrepair, which is not the result of the windstorm Weinberger stated the Applicants have had a structural engineer inspect the boathouse who has determined that the front and back walls would need to be replaced as well as portions of the side walls. A variance to hardcover in the 0-75' setback would be requited as well as a variance to allow the boathouse to exist within 75' of the lakeshore, and a variance from the side yard adjacent to street setbacks. Weinberger stated the Planning Commission denied this application based on their understanding of the ordinance which limits improvements to 50 percent of the fair market value of the non-conforming structure. Hansnen commented he would like to improve the boathouse as it is a nice asset to the property, noting he was unsure as to why the Planning Commission denied his request. Hanssen stated the assessed value of the boathouse is listed at $15,000, with the fair market value usually being slightly higher than the assessed value. Mayor Jabbour stated the improvements cannot exceed 50 percent of the fair market value. Hawn stated it was the Planning Commission's understanding that the value is what it was at the time the ordinance was put into etTect. Hanssen stated the ordinance specifies the fair market value of the structure at the time of the loss. Mayor Jabbour commented that perhaps this application should have been tabled until a deteimination was reached on the fair market value of the structure. Barrett stated this is the first time he has had an opportunity to review this application, noting the ordinance concerning non-conforming structures limits improvements to the existing structure to 50 percent of the present fair market value. Section I0.03(J) applies only to the use and not to the location of the structure, noting the boathouse is not a non-conforming use. Mayor Jabbour inquired whether this application should go before the Planning Commission to allow them to review the application based upon the correct information. Hanssen stated he would like to have a decision as soon as possible Mayor Jabbour suggested tabling the application until the new information regarding the value of the structure is reviewed by the Planning Commission. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (^2411 Paul Hanssen, Continued) Hanssen inquired whether City Staff could approve the application. Mayor Jabbour stated the City Council would need to approve the application, but would like to wait until the correct information is available. Weinberger stated the 60 day time period for this application ends November 24th. Goetten commented since all the correct facts were not before the Planning Commission when it reviewed this application, they should have the opportunity to review the information to give their recommendation to the City Council Flint stated it is procedurally better to have this application go back to the Planning Commission for their consideration before the final decision is made by the City Council. Mayor Jabbour recommended placing this item on the agenda for the next Planning Commission meeting to allow them to reconsider their decision based on the correct information. Van Zomeren stated this application will be on the November 16 Planning Commission agenda and will appear before the City Council on the 23rd. Goetten moved, Flint seconded, to send Application #2411,3195 Casco Circle, back to the Planning Commission for their review. VOTE: Ayes 4, Nays 0.4 (#20) ANN THIES, LAKE MINNETONKA CABLE COMMISSION - 1999 PROPOSED BUDGET Ann Thies, Administrator of the Lake Minnetonka Communications Commission, addressed the City Council concerning the 1999 LMCC budget, noting th«t the LMCC has taken over the responsibility for funding local access programming. The new access fee is expected to generate $52,200 in revenues for 1999. Thies commented the expenses related to equipment repair and maintenance, office rent, studio fees, office equipment and access equipment have all increased. A subcommittee has been appointed to look into the access fees for the upcoming year Thies requested the City Council pass a motion approving the 1999 LMCC budget Mayor Jabbour thanked Ann Thies for her efforts in serving on the LMCC. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26,1998 (Lake Minnetonka Cable Commission, Contir"ed) Thies commented the LMCC has attempted to keep the budget in line, noting the LMCC is always looking towards the future and the new technology available. Goetten moved, Peterson seconded, to approve the 1999 Lake Minnetonka Communications Commission Budget. VOTE: Ayes 4, Nays 0. (#4) «413 PAUL AND MEGAN BENNETT, 500 HANLON AVENUE - VARIANCES/ RESOLUTION #4178 Paul and Megan Bennett were present. Weinberger .stated the Applicants are proposing to add a 20' by 24 ’ garage with second floor living space to the existing residence. The home was constructed in 1949 without a garage. The Applicants purchased the home in 1996 with the assumption they would be able to construct a garage. In 1991, the City Council adopted Resolution No. 2982 which permitted the construction of a deck \vith the condition that future proposals to increase lot coverage by structure on this property would not be looked upon favorably by the Council Weinberger stated the Planning Commission had recommended the Applicants consider purchase of an adjoining tax forfeited piece of land to increase lot coverage and to make it a legally combined lot which would then not require a variance to structural coverage. The .Applicants have indicated interest in purchasing the property, but would like the original sewer assessment be waived. In 1997, a Resolution was adopted which requires that all outstanding assessments be paid to the City. The principal amount assessed on the vacant lot is $3,350.00. The Planning Commission recommended approval of the variances from side yard adjacent to street setback, rear yard setback, and side yard setback to allow a two car garage with second floor living space to be attached to the existing residence subject to the property owners acquiring the tax forfeited lot and joining the lot with Lot #1. Weinberger stated the City Council will need to make a determination on what amount the property should be assessed at for one-half of a sewer unit. Bennett had no comment Weinberger commented the Applicants were led to believe by the real estate agent and former owners that they would be able to construct a garage in the future. liiiaii ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (#2413 Paul and Megan Bennett, Continued) Goetten inquired if the lot is acquired, the sewer assessment still exists. Weinberger stated the sewer assessment has not been paid on the tax forfeited lot, noting the full assessment is $6,700.00. Lot 24 was assessed for one-half of a sewer unit. The $3,350 assessment on Lot 1 has been paid in full. Goetten stated she would like to limit the tax forfeited lot from becoming buildable in the future. Weinberger stated the entire lot is located in the wetland and is unbuildable. Peterson stated she was in favor of the application and is willing to waive the $3350.00 assessment. Mayor Jabbour cautioned the City Council 'hat they might be setting a dangerous precedent if they waive this sewer assessment Weinberger noted the full assessment of $3350.00 for the lot on which the residence is located has been paid. Mayor Jabbour commented that a resolution has been passed which specifically states that new construction will not be looked upon favorably by the City Council. Goetten stated she did not understand the situation correctly before and the full assessment should be paid. Gaffron noted that in 1980, all the individual lots were assessed a fraction of the sewer unit. Mayor Jabbour commented with the upcoming sewer projects, the City needs to be careful about waiving any sewer assessments. Bennett stated the resolutions were not included in the title for the property, and the purchase agreement they entered into has the seller paying any special assessments against the property. Mayor Jabbour stated the City is not included in the purchase agreement. Bennett inquired whether there was a requirement that these resolutions are recorded with the title. Van Zomeren stated the resolutions are filed, but the City has been experiencing problems with the title companies who may not be conducting a thorough title search Van Zomeren i ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (^2413 Paul and Megan Bennett, Continued) remarked the City is attempting to resolve this issue. Mrs. Bennett stated they were mislead by the former owners and were not informed about the resolutions. Mayor Jabbour stated he was sympathetic to the Bennetts' problem, and the City is taking steps to ensure that all resolutions in the future will be attached to the title to the property. Peterson inquired whether the City Council would be agreeable to allowing them to construct the garaue without the additional lot. Weinberger stated this addition would increase structural coverage to 2,0 i 1.67 square feet or 31 percent where 1500 square feet is allowed. Mayor Jabbour remarked the Applicant has the right to appear before the City Council and request a garag« '- iihout the additional land. Weinberger noted -''S Planning Commission was uncomfortable approving this application without the additional land. Goetten moved, Flint moved, to adopt RESOLUTION NO. 4178 approving Application ^2413,500 Hanlon Avenue, granting of variances from side yard adjacent to street setback, rear yard setback, and side yard setback to allow a two car garage with second floor living space to be attached to the existing residence subject to the property owners acquiring the tax forfeit Lot (^24) and joining the lot with Lot (#1) to meet the intent of the Coiincii to limit the structural covera‘»e on the lot. VOTE: Ayes 4, Nays 0. Jabbour moved, Goetten seconded, to direct Hennepin County Tax Assessor to collect the full special assessment amount. VOTE: Ayes 3, Nays 1, Peterson opposed. *(US) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN, 1655 BOHN’S POINT ROAD - VARIANCE - RESOLUTION NO. 4179 Flint moved, Peterson seconded, to approve Application #2418, 1655 Bohn’s Point Road, and adopt RESOLUTION NO. 4179. VOTE: Aves4, NaysO. *(#6) #2421 JOANN JUNDT, 1400 BRACKETTS POINT ROAD - VARIANCE RENEWAL - RESOLUTION NO. 4180 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (#2421 Joann Jundt, Continued) Flint moved, Peterson seconded, to approve Application #2421, 1400 Bracketts Point Road, and adopt RESOLUTION NO. 4180. VOTE; Ayes 4, Nays 0. (#7) #2422 RICHARD GAY, 2735 SHADYWOOD ROAD, VARIANCE Richard Gay was present. Weinberger stated the Applicant is proposing to construct a six foot fence to exceed the maximum 3 1/2 height within the average lakcshore setback to contain !ns two dogs. The lot has unique topography and contains lots of natural vegetation. The proposed fence would be visible to the adjacent property as it would be located on the property line between the house and the lake. The Planning Commission has determined the desire to keep the dogs on this property is not a hardship and has recommended denial of the application. Gay stated he has recently purchased the property and was unaware of the height restriction on the fence until a couple of weeks ago. Gay commented he has owned the dogs for three years and would like to erect a fence to house the animals as well as provide an access into the house. Gay stated the adjoining neighbor is not opposed to the fence. Gay remarked the property is unique in that there is a steep hill in the back and the lot has only one suitable area for a fenced in area. Gay stated he would be willing to reduce the height of the fence to five feet and plant additional vegetation to screen the fence. Gay st, ted the fence would actually appear to be 3 1/2 feet to the adjoining residence since his property is 18 to 20 inches below the neighboring lot. Mayor Jabbour inquired whether the Applicant could submit a new application with a revised location for the fence Van Zomeren stated the Planning Commission is having a work session on Friday and a new application could be discussed at that time Gay stated he could plant a row of arborvitae along the property line in lieu of a fence, which may be icss desirable. Goetten inquiied whether the Applicant has considered invisible fencing for these dogs. Gay stated since the dogs are rather large, the fencing would not be a viable option Peterson remarked that if this application is approved, it might set a dangerous precedent. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (^2422 Richard Gay, Continued) Peterson moved, Jabbour seconded, to deny Application ^2422, 2735 Shadywood Road, based upon the recommendation of the Planning Commission. Mayor Jabbour inquired whether the fence could be relocated to meet the average lakeshore setback. Flint inquired whether a hardship needs to be found in order to grant the variance. Weinberger stated that, yes, a hardship needs to be shown. Gay stated he would be willing to remove the fence once the property is sold or the dogs are no longer housed on the property. Peterson moved, Jabbour seconded, to deny Application ^2422, 2735 Shadywood Road, based upon the recommendation of the Planning Commission. VOTE: Ayes 4, Nays 0. *{US) #2423 GARA BEHRING AND TOM TERRY, 340 LEAF STREET - VARIANCE-RESOLUTION NO. 4181 Flint moved, Peterson seconded, to approve Application #2423, 340 Leaf Street, and adopt RESOLUTION NO. 4181. VOTE: Ayes 4, Nays 0. (#9) #2425 REBERS CONSTRUCTION, 2190 WEST WAYZATA BOULEVARD- PRELIMINARY SUBDIVISION APPROVAL - RENEWAL - RESOLUTION NO. 4182 Sidney Rebers was present. Gaffron stated the Applications are requesting a renewal of a preliminary subdivision approval which was originally granted by the City Council on October 13, 1997, via Resolution No, 3972, Gaffron remarked this land is zoned B-1 and is comprised of approximately one acre. The Applicant needs to address the stormwater pond capacity, escrow for future construction of the frontage road, and pay the park dedication fee before final plat can be approved. Staff recommends approva' of the application renewing the approval granted approximately one year ago, with the only revised condition being in regards to the water easement. The park fee condition has been changed to reflect the April. 1998 ordinance. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (^2425 Rebers Construction, Continued) GafFron stated the existing municipal water main along the west property line may not be centered on its easement which would require an additional five or six feet of easement in order to allow adequate access for future maintenance. Mayor Jabbour inquired how the easement should be handled. Gaffron stated the exact pipe location needs to be confirmed and the utility easement along the west boundary expanded as necessary to be ten feet on either side of the existing pipe. The Applicant had no comment. Jabbour moved, Goetten seconded, to approve Application ^2425, 2190 West Wayzata Boulevard, and adopt RESOLUTION NO. 4182, a Resolution Granting Preliminary Approval of a Class II Subdivision, based on the recommendation of the Planning Commission, and subject to the verification and obtaining of the additional utility easement. VOTE; Ayes 4, Nays. Attorney Pflaum stated the engineering drawings have been submitted to MnDot, the City of Orono, and the Highway Authority to ensure the proper stormwater drainage. (Recess taken from 9:13 p.m. - 9:20 p.ni.) *(#10) #2427 KENTON AND DIANE CARLSON, 3498 NORTH SHORE DRIVE VARIANCE-RESOLUTION NO. 4183 Flint moved, Peterson seconded, to approve Application #2427,3498 North Shore Drive, and adopt RESOLUTION NO. 4183. VOTE: Ayes 4, Nays 0. *(#11) #2429 JEFFREY BRAUCHLE AND ELISA SCHOONOVER, 650 NORTH ARM DRIVE - VARIANCES-RESOLUTION NO. 4184 Flint moved, Peterson seconded, to approve Application #2429, 650 North Arm Drive, and adopt RESOLUTION NO. 4184. VOTE: Ayes 4, Nays 0. (#12) #2430 PAUL PHILLIPS, 2140 SIXTH AVENUE NORTH - SKETCH PLAN REVIEW Paul Phillips was present. Van Zomeren stated the Application originally applied for a preliminary plat to divide an I ORONO cm' COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (/^2430 Paul Phillips, Continued) existing 4.5 acre site and create two lots. The Applicant was informed that this should be reviewed as a sketch plan because the proposal does not meet the zoning and subdivision requirements for front/back lots. This property lies v.'ithin the RR-1 B zoning district, which requires a minimum of two acres. The Applicant is proposing to create a new two acre lot located in the front and the lot with the existing residence would be comprised of 2.5 acres. The existing driveway would serve the two new lots as well as the adjacent residence at 2160 Sixth Avenue North. The Applicant had previously changed the lot line to provide a suitable septic site for Orono Woodlands. Van Zomeren stated back lot/front lot requirements still need to be addressed, noting the Applicant has submitted a new survey which gives the back lot access to the outlot. Van Zomeren recommended putting this item back on the Planning Commission agenda for their review. Phillips commented he was led to believe this subdivision would be grandfathered in, noting he was not aware of the back lot/front lot requirements until recently. Phillips stated the City was previously informed that he was interested in creating two lots Mayor Jabboui stated in order for a subdivision to be grandfathered in, final approval must have been given to the subdivision, which is not the case here. Tom Barrett, City Attorney, stated the subdivision does not currently exist and as a result there is nothing to grandfather in Phillips commented he is preparing the subdivision for eventual sale. Van Zomeren stated there are strict restrictions regarding back lot/front lot, which the new survey resolves, but access to the lots still needs to be addressed. Van Zomeren stated in order for this matter to go back before the Planning Commission, a legal notice must be prepared for the newspaper by tomorrow. Mayor Jabbour stated the Planning Commission should review the new surv-ey. Jabbour commented the City should review its position on City streets in an effort to become more consistent. Goetten suggested the Planning Commission look at the City's policy regarding city streets and driveways. 1 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (^2430 Paul Phillips, Continued) Goetten moved, Peterson seconded, to send Application ^2430, 2140 Sixth Avenue North, back to the Planning Commission for their review. VOTE; Ayes 4, Nays 0. *(/^13) #2431 ROGER OLSEN, 815 PARTENWOOD ROAD - VARIANCE RENEWAL - RESOLUTION NO. 4185 Flint moved, Peterson seconded, to approve Application #2431 815 Partenwood Road and adopt RESOLUTION NO. 4185. VOTE: Ayes 4, Nays 0. (#14) #2432 GREENFIELD CORPORATION, 4755/4775 BAYSIDE ROAD - EASEMENT/SUBDIVISION Laurie Lundeen, Greenfield Corporation, and Jim DeBerg, were present. Van Zomeren stated the Applicants are requesting a revision or amendment to the final plat resolution to accommodate a private driveway easement over Lot 3 to provide access to Lot 1. The private driveway easement does not comply with the approval resolution for the final plat, which shows an outlot for all three lots along Bayside Road. Van Zomeren stated Staff is generally not in favor of private driveway easements due to the possible problems that may result. The Planning Commission recommended denial of a private easement and suggested that the Applicant apply for a lot line rearrangement, which would require a lot width variance for Lot 3. Jim DeBerg, 1551 Hunter Lane, Medina, stated he had previously met with the property owner and offered the private driveway easement not realizing that it was in conflict with what was originally approved in the Resolution. DeBerg stated he was later informed by the building official that he could not have a private driveway easement. Laurie Lundeen stated they were unaware they could not grant a private driveway easement Mayor Jabbour stated the City does not officially recognize a private driveway easement. DeBerg remarked that even with the granting of the private drivew ay easement, the lot still exceeds the minimum lot size. Van Zomeren stated a lot width variance would be needed in the case of a lot line rearrangement for the middle lot ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (#2432 Greenfield Corporation, Continued) Mayor Jabbour inquired whether the City Council would be in favor of a private driveway easement. It was the consensus of the City Council not to approve the private driveway easement. Mayor Jabbour inquired whether the City Council would be in favor of a lot line rearrangement. Goeiten stated access should be provided as outlined in the resolution, noting a precedent might be set if we allow a substandard lot in this subdivision. Goetten moved, Peterson seconded, to deny Application #2432, 4755/4775 Bayside Road denying the private driveway easement and directing the Applicant to abide by the conditions outlined in the original subdivision resolution. VOTE: Ayes 4, Nays 0. (#15) #2433 DORTE FINN, 1640 SHADYWOOD ROAD - VARIANCE/RESOLUTION NO. 4186 Dorie Finn was present. Weinberger stated the Applicant has applied for several variances to allow replacement of a first-story deck and stairway to the second story which was damaged in a storm. The original deck was constructed in 1968, and the repairs and replacement did not change the size or alter the design of the structure, but the repairs exceeded what was damaged in the storm. Weinberger stated variances to hardcover are required as well as a variance to permit the reconstruction of a residential deck within the lakeshore setback. Weinberger commented this structure had previously been utilized as a duplex, which is no longer the case. Finn stated her daughter lives on the top floor and she resides on the lower floor. Finn stated three footings were replaced as well as three support structures. The staircase was damaged by a fallen tree and was considered to be a hazardous situation. Mayor Jabbour inquired whether this structure is now legally conforming. Finn remarked the residence has not been a duplex since approximately 1960. Mayor Jabbour commented the duplex use of the residence cannot be reinstated 15 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (^2433 Dorie Finn, Continued) Flint moved, Peterson seconded, to approve Application #2433,1640 Shady wood Road and adopt RESOLUTION NO. 4186, per the recommendation of the Planning Commission. VOTE: Ayes4, Nays 0. (#16) #2434 CAROL OLSON, KID'S ART SCHOOL, 2180 NORTH SHORE DRIVE, CUP AMENDMENT - RESOLUTION NO. 4187 Carol Olson was present. Van Zomeren stated the Applicant is requesting to construct a tipi for educational purposes on the property for use by her students. The Applicant operates the Kid’s Art School. An amendment to the Lake Minnetonka Environmental School's conditional use permit is required to allow the tipi, which is considered to be an accessory structure. The Applicant has submitted a drawing depicting the location of the tipi, which is acceptable to Staff. Van Zomeren indicated that the Planning Commission requested the City Council consider waiving or reducing the $250 fee for the conditional use permit amendment. Ma> or Jabbour commented he has spoken with two building officials who have differing opinions on • ■hether the fee is required, anJ expressed concern over the uncertainty regarding whether the ,e is necessary. Peterson inquired .hether there is a restriction on the maximum size of the tipi. Van Zomeren stated the proposed dimensions of the tipi were submitted which do not appear to cause concern. Van Zomeren stated the exact dimensions of the tipi could be attached as an exhibit to the resolution. Mayor Jabbour remarked he was in favor of the tipi as long as the structure does not decrease the present parking spaces. Goetten moved, Peterson seconded, to approve Application #2434, Kid's Art School, 2180 North Shore Drive, and adopt RESOLUTION NO. 4187, a Resolution Granting an Amendment to a Conditional Use Permit per the recommendation of the Planning Commission, and authorizing waiver of the $250 fee. VOTE: Ayes 4, Nays 0. (#17) REQUEST FOR ASSESSMENT REFUND - JOE AND MARY FIEDLER, 365-373 WESTLAKE STREET Joe Fiedler was present. r J gywa- ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Fiedler Assessment Refund, Continued) Gaffron stated the Applicants had originally applied for variances to construct a new home to replace their existing home at 365 Westlake Street. The application required a significant r jmber of variances which the Planning Commission found to be difficult to approve, and the request was tabled. Since that time the Applicants have purchased the adjoining property at 373 Westlake, and have indicated they would like to combine both lots and eventually demolish both houses and build a new residence on the combined lots. The combination of the two lots will reduce the degree or magnitude of the variances required. Gaffron stated the request before the City Council tonight is to allow the residence located at 373 to remain on the combined lots as an accessory structure with no plumbing. The Applicants have indicated they would be willing to remove the plumbing. Staff recommends allowing the accessory structure to remain for a period of two years provided the plumbing is removed. Gaffron stated the Applicant is also requesting a sewer assessment refund since the residence will no longer be connected to City sewer. The previous owners had paid the annual assessments with their taxes each year from 1993 through 1998, with the remaining balance of $5,304.02 being paid by Mr. Fiedler upon his purchase of the residence. Staff recommends denial of the refund due to the possibility of setting a precedent. Fiedler stated he purchased the adjoining property a couple of months ago and in order to expedite the sale, he had agreed to pay the remaining sewer assessment Fiedler remarked the property had been vacant for approximately one year prior to purchase and will continue to remain vacant. The sewer has already been capped and is no longer in use. Mayor Jabbour remarked the Applicant needs to understand that the City cannot refund the assessment due to ti e fact that it would set a dangerous precedent and the City in the future might be faced with refunding similar assessments whenever a vacant house is purchased. Fiedler stated there are instances where the City has waived sewer assessments where they have remained unpaid. Gaffron remarked that the City on some occasions has waived unpaid sewer assessments on vacant lots before the property has been purchased by an interested party, but the City has not refunded any sewer assessments once the property has been purchased Mayor Jabbour commented the lot will still be considered substandard even after the two lots are combined. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Fiedler Assessment Refund, Continued) Fielder stated the assessments on this lot have been paid by the previous owners from 1993 through 1997, and he is asking the City Council in good faith to refund the remaining sewer assessment as the residence will no longer be connected to City sewer. Mayor Jabbour stated the City has to ensure that a dangerous precedent will not be set by refunding the pnid sewer assessment, where the City has refunded a portion of the paid sewer assessment. Goetten remarked that other lots have been previously combined throughout the City where vacant residences have been torn down and replaced with a new structure, and if approval of this request is given, it might open the door for similar requests. Flint indicated he was in agreement with Goetten. Mayor Jabbour stated the City Council has to be fair to all the citizens in the community when approval of applications is given, and recommended tabling the refund portion of the application until the full City Council was present. Fielder indicated he was fine with tabling the request for the refund. Flint moved, Peterson seconded, to allow the legal combination of 365-373 Westlake Street, subject to the removal of plumbing from the building at 373 Westlake Street, accepting the existing structure at 373 Westlake as an existing non-conforming accessory building due to its location nearer the street than the principal residence, subject to the accessory building being removed within two years of today's date. VOTE: Ayes 4, Nays 0. Goetten moved, Peterson seconded, to table the request regarding a refund of the sewer assessment paid by Fielder. VOTE: Ayes 4, Nays 0. (#18) REQUEST TO AMEND EASEMENT DESCRIPTIONS - LOT 5, LITTLE ORCHARD Dan Anderson was present. Gaffron stated the Applicant is requesting to revise an easement legal description for Lot 5, Little Orchard. The City had previously granted a tree, woodland and vegetation preservation easement within the three lakeshore lots (Lots 4. 5, and 6), which also included a preservation easement area and a protected area. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Little Orchard, Continued) GafFron stated a potential buyer for Lot 5 has pursued the premise that the boundary of the protected area is wrongly located and should be moved closer to the lakeshore. The Applicant is suggesting that newer, more accurate topography information is available which results in the top of the bluff being located from ten fbet to as much as forty feet nearer the shore than depicted in the easement description. Staff suggested that the builder have a new topographic survey created for site planning purposes to more accurately establish house placement, which has been completed. After a review of the newly submitted information. Staff has determined that the new analysis does yield a top of bluff setback line ranging from five feet to nearly forty-five feet nearer the lake than the current easement line. Staff is looking to preserve trees, vegetation, slope and natural topography with the easement. Staff recommends approval of Staffs revised easement description as depicted in Exhibit C, which is more accurate than the current description. Dan .Anderson stated it is their goal to leave the natural topography of the land intact as much as possible, noting they would like to construct a residence on top of the knoll which is an idc.tl spot for a house and follows the natural contour of the land. Anderson stated they are attempting to keep the houses within the height restrictions as well. Kyle Hunt, Builder, stated the new topographic information shows the top of bluff setback in a slightly different location as the previous one, and requested the City Council consider the new information and allow for a new top of bluff setback. Hunt commented it is their intention to work as much as possible with the natural contours of the land and to avoid the need for extensive excavation. Mayor Jabbour inquired why GaflVon changed the top of bluff line. Gaffron stated with the new topographic information available, it depicted slopes that exceed 18 percent, which changed the top of bluff line. Ted Kemna, Schoell & Madson, stated he has spent time working with Gaffron to understand the top of bluff ordinance. Kemna stated their goals were to keep the height of the house down as much as possible and as close to the lake which will provide a better driveway access coming in off the street. Kemna stated they are planning a circle drive for this property. Kemna remarked the difference between Gaffron's top of bluff line and his amounts to approximately a foot difference in elevation and four or five feet difference from the lake, which will allow the walkout to sit in more closely with the natural contours of the land. Dan .Anderson commented the four »o five feet distance adds no value to the residence but would aid in their efforts to keep the height elevation of the residence lower. ' 1ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Little Orchard, Continued) Goetten commented if City Council follows the recommendations of Staff, the top of bluff line would not affect the location of the house. Kyle Hunt remarked they are attempting to preserve trees and to take advan‘^ge of the natural topography by requesting the top of bluff line to be relocated. Hunt commented they are setk’ng a compromise and are requesting something in between the two proposals, which w«.*uld allow the residence to be lowered. Mayor tabboor stated they are proposing only to change the top of bluff line for Lot 5, and inquired v bet Vr the City Council would like to continue working with the developer on this issue. Gaffron remarked tha* a compromise could be reached and still preserve the top of bluff line. Goetten commented that City Council and Staff have spent a lot of time developing the original top of bluff lint, and expressed a concern about revisiting this issue and changing the line. Hunt stated there now is better information available to determine the top of bluff line. Dan Anderson stated they are attempting to preserve the natural contours of the land. Goetten inquired whether the lot was staked as to the location of the residence and top of bluff line. Hunt remarked that staking could be done if it would assist the Council in their decision. Mayor Jabbour commented that the majority of the City Council feels that the issue should be revisited, and suggested the members might want to review the site Kemna stated he will stake out the location of the house and the top of bluff line which will give the City Council a better perspective on where the top of bluff line is and how the house will be situated. Hunt commented they will accommodate the wishes of the City Council. Mayor Jabbour stated the City Council should definitely visit the site and this matter should be put on the agenda for the next City Council meeting. 1i ORONO CITS' COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (U19) TONKAWA SHORES NEIGHBORHOOD ROAD ACCESS Dan Regan and Mr. Render were present. GafFron stated the Applicants appeared before the City Council at the October 12th meeting regarding Regan’s access proposal to Render's garage GafFron stated after a lengthy conversation with Staff and the City Attorneys, a possible solution was arrived at which will permit Render, although he has the right to use the entire old 16 foot easement for access purposes, to redesign and relocate his 16 foot paved width road so that it will require no grading within the portion of the 16 foot easement south of his lot line. The road could be tilted to the north which will allow all road drainage to reach the stormwater pond. Render will also grant at no charge to those property owners who currently have rights to use the old 16 foot easement, an easement over his new 16 foot road. The City will retain its right to regulate private property access to public roads as it always has. but the City has not been provided with any documentation by the neighboring property owners that the road as approved by the City is an encroachment on their rights of access GafFron stated Render will need to redraft an agreement outlining the conditions for review and approval by the City Council. Barrett, City Attorney, stated that was his recollection of the meeting as well, and was interested in hearing whether this meet with Regan's approval Regan commented he agrees with what GafFron has outlined as the agreement, noting he never had the understanding that the road would be built within the e.xisting easement. Render stated he thought the City had an easement over the property. Mayor Jabbour inquired what the City Council thought of the agreement. Flint stated he was fine with the proposed agreement. Goetten indicated she does not have a problem with the agreement, noting Render is walling to give up his land to make this agreement work. Gaftron stated that Regan would like approval of this process so he can obtain a building permit for his garage. GafFron stated these changes could perhaps be incorporated into the subdivision documents as necessary. Jabbour moved, Flint seconded, to accept the proposed agreement regarding driveway access to Ontiot A Tonkawa Shores as outlined in the Planner's Report 21 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26,1998 (Tonkawa Shores Road Access, Continued) dated October 23, 1998, subject to review and approval by the City Attorney and City Staff. VOTE: Ayes 4, Nays 0. (#20 Follows Item #3) CITY ADMINISTRATOR’S KZPORT (#29) NEIGHBORHOOD CONCERNS REGARDING THE JOINT LONG LAKE/ ORONO BRUSH AND LEAF DISPOSAL SITE Mayor Jabbour stated due to the damage caused by the early spring and summer storms, the City of Orono and Long Lake had jointly agreed to use the Long Lake Public Works site to dispose of leaves and brush Gappa commented a wood chipper had been brought in earlier and the downed trees were shredded and the chips were hauled out. Jabbour commented the site will be reopened this fall to accommodate the disposal of leaves and brush. Gappa stated the site is just for the disposal of leaves and brush and will remain open until the end of October. Gappa commented a wood chipper had been brought in earlier and the downed trees were shredded and the chips were hauled out. John Dalbec, resident, expressed concerns over the location of the disposal site, noting that it is situated in a residential area Mayor Jabbour stated a decision was made after the storm to utilize that site to deposit the downed trees and limbs in a joint eftbrt with Long Lake to clean up the debris after the severe storms. Jabbour remarked the City of Orono has been taking steps to clean up that site. John Dalbec stated in his opinion the City was not doing enough to resolve the problem. Mayor Jabbour stated the disposal site is a permitted use in that residential area, noting he has personally visited the site four times in an effort to address some of the concerns raised by the citizens. Jabbour commented that in the case of an emergency, sometimes residents have to put aside their ow n interests to accommodate the needs of the community Dalbec stated there were other sites available throughout the City and questioned why those sites were not being utilized. 22 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Brush and Leaf Disposal Site, Continued) Mayor Jabbour remarked the City of Orono is attempting to find other suitable locations for the disposal of brush and leaves, but Long Lake has indicated they will continue to utilize that site, which is a decision the Citv of Orono cannot control. Dalbec commented Long Lake utilizes only a small portion of the site and the majority of the problem has been caused by Orono. Mayor Jabbour reiterated that the City is attempted to address the residents' concerns and to find appropriate solutions to the problems being experienced in that area. Jenr.ing, resident, stated unfortunately residents have started using this site to dump other garbage as well, and requested the City of Orono to close the site down permanently due to the abuses that are continuing to occur at that site. Jenning commented he was told by the police that they were unable to do anything about the situation. Mayor Jabbour stated City Administrator Moorse has drafted a memo addressing this problem a few days ago, which is why the matter is on the agenda for tonight's meeting. Jenning remarked that people are abusing the site and requested policing of the area in an effort to stop the violations. Mayor Jabbour suggested no trespassing signs could be posted as well as policing by the City of Long Lake. Jabbour commented that the heavier activity occurred back in May following the storm. Jenning stated the residents in the neighborhood understood back in May the emergency situation and were willing to accommodate the situation, but the site has been continued to be utilized well after the damage from the storm has been cleaned up and is putting an undue burden upon the residents in that area as well as causing safety concerns for the children in the area. Goetten commented she has received phone calls all summer long requesting that they be able to utilize this site, but noted that this site is not located within the City of Orono limits which makes it difficult for the City to enforce or shut down. Jenning remarked that the Long Lake Fire Department has utilized this site to burn cars, which posed a hazard to the children in the neighborhood. Jenning commented they are now experiencing increased traffic as well. Jenning stated he was informed by the City of Long Lake that the majority of the dumping is being done by the City of Orono Mayor Jabbour stated the City has taken steps to correct the problems 2.1 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Brush and Leaf Disposal Site, Continued) Jennmg requested the City Council cooperate jointly with Long Lake in an effort to dose the site permanently. Mayor Jabbour commented he is not aware of what Long Lake's plans are concerning the future of this site, but stated the City of Orono*s objective is to clean up the site and to provide a safe environment for the residents in that area ENGINEER REPORT (#21) AWARD BID FOR LIFT STATION #13 Gappa reviewed his October 22, 1998 memorandum regarding the bids received for the rehabilitation of Lift Station 13, noting that the bids are higher than his projected estimate of $90,000.00. Gappa recommended the bid of $107,900.00 be awarded to GHT Construction. Flint moved, Peterson seconded, to award the contract for Lift Station 13 Rehabilitation to GHT Construction in the amount of $107,900, to be funded from the Sewer Fund, and to amend the 1998 Sewer Fund budget to reflect the increased expenditure amount. VOTE: Ayes 4, Navs 0. (#22) DESIGNATE NO PARKING AREA AT CRYSTAL BAY POST OFFICE Gappa stated due to safety concerns raised by several people, Hennepin County has agreed to install "No Parking or Stopping" signs in front of the post office. Pierson questioned whether posting of "No Parking or Stopping" signs in front of the post ofiice will address all the safely concerns. Flint inquired whether all the options have been pursued. Flint commented that the possibility of a drive-through should be reviewed further. Gappa stated the mail bo.xes could be relocated to provide easier access. Mayor Jabbour suggested Gappa talk to the Post Master about the possible relocation of the mail boxes. Peterson commented that perhaps more research into this matter should occur. I ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (No Parking Area at Crystal Bay Post Office, Continued) Gappa remarked he will look into the possibility of relocating the mail boxes and report back to the City Council. (#23) NON-RESIDENTIAL SANITARY SEVVER CHARGES - RESOLUTION NO. 4188 Gappa reviewed his October 22, 1998 memorandum reg..rding sanitary sewer billing for commercial and industrial accounts in Navarre. Staff is recommending that the billing method for sanitary sewer be changed so it will be similar to the method used for non-residential accounts in the Highway 12 area, which is based on the amount of metered water actually used. Jabbour moved, Peterson seconded, to adopt RESOLUTION NO. 4188, a Resolution Establishing Procedures for Sanitary Sewer Billing. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT, CONTINUED *(#24) APPOINTMENT OF ADDITIONAL 1998 GENERAL ELECTION JUDGES - RESOLUTION NO. 4189 Flint moved, Peterson seconded, to adopt RESOLUTION NO. 4189, a Resolution Appointing Additional Election Judges for the General Election to be Held Novembers, 1998. VOTE: Ayes 4, Nays 0. (#25) ESTABLISH DATE AND TIME FOR CANVASSING BOARD MEETING Mayor Jabbour stated a work session has been scheduled for Wednesday, November 4 at 9;00 am. Jabbour moved, Peterson seconded, to schedule Wednesday, November 4, at 9:00 a.m., for the canvassing board meeting. VOTE: Ayes 4, Nays 0. (#26) CERTIFICATION OF DELINQUENT UTILITIES AND GENERAL SERVICE FEES - RESOLUTION NO. 4190 Goetten commented that the amount of delinquent utility and general service fees are rather high, and inquired whether the City is actively pursuing collection of these delinquent fees. Gappa stated the delinquent fees and interest are added to the tax rolls for the property associated with the delinquent fees 25 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Certification of Delinquent Utility Fees, Continued) Goetten moved, Peterson seconded, to adopt RESOLUTION NO. 4190, a Resolution for the Collection of Delinquent 1998 Sewer and Water Utility Service Charges, Recycling Program Fees, Annual Service Charges for the On-site Sewage Treatment (Septic) Inspection Program, and General Service Fees. VOTE: Ayes 4, Nays 0. *(«7) HIRING OF PART-TIME COMMUNITY SERVICE OFFICER Flint moved, Peterson seconded, to approve the hiring of Matthew Hagen as part-time Community Service Officer with an hourly rate of $8.28 per hour, with no benefits or PERA membership based on the $5100.00 maximum earnings stipulation, effective October 19, 1998. VOTE: Ayes 4, Nays 0. (Item #28 Follows LMCD Report) (Item #29 Follows Item #19) CITY ATTORNEY’S REPORT None *(#30) LICENSES ORONO HOCKEY BOOSTERS, INC. - RESOLUTION NO. 4190 Flint moved, Peterson seconded, to adopt RESOLUTION NO. 4190, a Resolution Approving the Application of Orono Hockey Boosters, Inc., for a One Day Off-Site Gambling Permit. VOTE: Ayes 4, Nays 0. *(#31) BaLS Flint moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Flint moved, Peterson seconded, to adjourn the meeting at 12:13 p.m. ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 ATTEST: Linda S. Vee. City Clerk Gabriel Jabboui , Mayor 3 cou.‘>:^;Lf/i£T!: MINUTES OF THE CANVASSING BOARD MEETING HELD NOVEMBER 4,1998 AT 9:30 A.M.NOV 9 1^98 ROLL The Council met as the Canvassing Board on the above date and time in the Orono Council Chambers. The following members were present: Mayor Jabbour, Council members J. Diann Goetten, Barbam Peterson, Charles Kelley and Richard Flint. The following represented City staff: City Administrator Ron Moorse, City Clerk Lin Vee and Deputy Clerk Carole Haseman. Mayor Jabbour called the meeting to order at 9:30 a.m. Council members were given results of the November 3, 1998 General Election, (copies attached) Councilmember Goetten moved, Councilmember Kelley seconded, to certify the results of the November 3, 1998 municipal election as follows: MAYOR - Two Year Term Gabriel Jabbour receiving 3,135 votes COUNCILMEMBERS - Elect Two for 4 Year Terms Bob Sansevere Richard N. Flint J.Diann Goetten Write In Write In receiving receiving receiving receiving receiving 2,020 votes 1,989 votes 1,883 votes 48 votes 9 votes Vote: 5 Ayes, 0 nays. ADJOURNMENT The Canvassing Board meeting adjourned at 9:35 a.m. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk NOVEMBER 3, 1998 - GENERAL ELECTION OFFICE PCT 1 PCT 2 PCX 3 PCX 4 TOTAL FEDERAL OFFICES US Representative District 3 Jim Ramstad (o^O /o3n Stan J. Leino 130"133 /9V 19(e Derek W. Schramm ^^Ce>vv Write-in /o // STATE OFFICES State Rep Dist 34B Henry Todd Van Dellen — Write-in // State Rep Dist 43A Tom Workman ——• Marcia Eland —•------ • Write-in —1 ——/ i Governor & Lt. Governor Jesse Ventura & Mae Schunk 312 3nn 33')/3Z0 Norm Coleman & Gen Olson s'-ts ^05 j2/0^> Hubert H. "Skip" Humphrey & Roger D. Moe /6JT 131 AOV n(f') Frank Germann & Michael Strand O 0 J t Chris Wright & D.G. Paulsen —0 Jl s.V Thomas Fiske & John Hawkins -------/o 0 / Fancy Ray McCloney & (Mom) McCloney -0 0 n Ken Pentel & Susan Jasper ^ 0 1 3 Write-in /n n / NOVEMBER 3, 1998 - GENERAL ELECTION Continued OFFICE PCT 1 PCT 2 PCT 3 PCT 4 TOTAL Secretary of State Alan Shilepsky 'SI 2>n <r/3/S Mary Kiffmeyer >-}ni 6^7 Edwina Garcia 3Zo /037 Kenneth Iverson /‘4 Si:y Write-in 0 1 O / State Auditor Judi Dutcher yos 90 7 Nancy A. Larson / 73 Its Joseph G. Peschek / 3 /S Bob Odden /n (P^C£>xiy Patricia G. V. Becker /<?/ Write-in 0 n o n 0 State Treasurer James N. Dunlop /oc^!3<=i ■r/3' Kevin Knight ^-7-7 13;l A3l=t Carol Johnson •Mi P'Oyd 3^50 ^ilC Mitchell Berg JU>m Write-in o n /O // Attorney General Jim Mangan 3n ^6 CoH .-2^ Charlie Weaver u iio Mike Hatch ^3-7 /ZO! Ruth A. Mason /o^ Write-in /O n O n r> NOVEMBER 3, 1998 - GENERAL ELECTION Continued OFFICE PCT 1 PCX 2 PCT 3 PCT 4 TOTAL CON AMENDMENTS Amendment l>Environmental Yes No Amendment 2-Preserve Hunt Yes ^30 7V/ No 3&>0 ^30 /32! Amendment 3-AboUsh Treas Yes 3'CrO Cc3/76V No 33^'71?3VV V3y /V*/^ COUNTY OFFICES County Commissioner Dist 7 Penny Steele ^"77 9fco Write-in A S’ County Sheriff Pat McGowan ^^6 3^0 ns3 960 Write-in V V /6 County Attorney Sb'f'rvl Ramstad Hvass v*V (s 7VV Ai :v Klobuschar .360 ■V/7 Adn Write-in V Soil & Water District 2 7 Danny Jefferis ^0/716 5.74 /tJ7/ Joe Newberg .3 7 7 373 Write-in •/;2. Soil & Water District 3 Karen S. Johnson 311 2m S?>! Write-in <> /33 7 Z6- X'6// // NOVEMBER 3, 1998 - GENERAL ELECTION Continued OFHCE PCT 1 PCT 2 PCT 3 PCT 4 TOTAL Soil & Water District 4 Sever Peterson Write-in PL 3 3 /cP CITY OmCES Mayor Gabriel Jabbour 975".3i3f> Write-in An A:5-N!131 Council Member J.Diann Goetten 33//3S2> Richard N. Flint 33^SSA Cs-(c^/957 Bob Sansevere V// Write-in //IX /s 10 Write-in AL y /A.• 9 JUDICIAL OFFICES Associate Justice 6 Supreme Court Alan C. Page (iiS /A&3X. Roger A. Peterson A3 V n /306s n2i Write-in 0 }3 O V Ji'dge 26 - 4th District Court Franklin Knoll 333 jn^o Kevin J. Kolosky _ 'ip. f A3/3? 4 S/'S Write-in 1 PC o 6 Judge 2 - Court of Appeals Roland C. Amundson A--,CA Write-in n 5^/•L.Pi NOVEMBER 3, 1998 - GENERAL ELECTION Continued OFFICE PCTl PCX 2 PCX 3 PCX 4 TOTAL Judge 3 - Court of Appeals Gary L. Crippen Write-in 4 S (2> Judge 4 - Court of Appeals Jack Davies V6'/Q:4S nss Write-in s Judge 13 - Court of Appeals Randolph W. Peterson Vo -2.4V7 ns'j JlHS'S' • « • • • v. r.:e-in Cp 6?3 PO Judge 14 - Court of Appeals R. A. Randall jTd'Z.V7/OS'S Write-in Cp tr A\ Judge 1 > 4th District Thor Anderson CeS.'i- Write-in 3 "V n Judge 2 - 4th District H.Peter Albrecht Write-in t j5 4 /K Judge 5 • 4th District Catherine L. Anderson //ilCp 4 'TO Write-in 3 3 V.r Judge 7 - 4th District Heidi S. Schellhas H-50 /^/3 ,5.9VC-- Write-in 5 m n Judge 8 - 4th District Kevin S. Burke jTV/U.'O 3 7/ Write-in V 3 /3 NOVEMBER 3, 1998 - GENERAL ELECTION Continued OFFICE PCX 1 PCT2 PCI 3 PCX 4 TOTAL Judge 18 - 4th District • Harvey C. Ginsberg ty: / / Write-in jT 3 G?•l(£ Judge 19 > 4th District Isabel Gomez V5-V CsOCr Write-in s 3 0.'3 7 7 Judge 23 - 4th District William R. Howard W:r 7^0 <X3n Write-in V 3 V H Judge 24 - 4th District Marilyn J. Justman Wy (sO t Write-in .5'3 V 3 /5^ Judge 27 - 4th District LaJune T. Lange s/s W/7//^n c^P-?d Write-in "7 (iD Judge 29 • 4th District Gary Larson .5 36 ^5!'7V<2 j^7 Write-in •V /rr Judge 30 - 4th District Roberta K. Levy V:3'3 Write-in •5' Judge 34 - 4th District E.Anne McKinsey 4 A {/:> jD 73 ‘5 ’ Write-in ■4 4 NOVEMBER 3, 1998 - GENERAL ELECTION Continued OFFICE PCTl PCT2 PCT3 PCT4 TOTAL Judge 49 > 4th District * John J. Sommerville vv?37^} n Wriie-in V >y /5 Judge 50 - 4th District John M. Stanoch jTJiS wv ^67 7Vir ^32-2^ Write-in V V iT 3 / (It Judge 54- 4th District Lucy A. Wieland //vy ^7762.^ Write-in 'V 3 jr 3 17 #OF VOTERS (VOTERS RECEIPTS 9/rr,VS’V-IOC 7^3-1 n ROISTERED AT 7:00 A.M./27A Q'N /^ou>/G2Li ^REGISTERED ELECTION DAY ^'7 / V'd>/37 //6 H^3 /{'ABSENTEE BALLOTS 3/^ TOTAL NUMBER OF PERSONS VOTING (VOTER RECEIPTS PLUS ABSENTEE)99 n •'3/3 % VOTER TURN OUT 12,^%7V. 79,'77* ^‘7^'77. G%7V. 77. i MAYOR WRITE-IN VOTES November 3,1998 - General Election Name # of Votes Adair, Mike 2 Anderson, Don 1 Anyone but him 4 Anyone 1 Berg, John 1 Botterflood. Loren 1 Bozo 1 Burger, Scott 1 Carlson, Lary 1 Christenson, Ron 1 Dayton, Ned 1 Doe, John 2 Donald Duck 2 Dotzenroth, Ken 1 Douthit, Jack 1 Ellingboe, Scott 1 Flint. Richard 1 Gasner, Keith 1 Goetten, Diann 1 Goldberg, Bill 1 Grabek, Jim 2 Green. Leon I Halloran, Bob 1 Hare, Robert 1 Hemkinson, Donna 1 MAYOR WRITE-IN VOTES November 3,1998 - General Election Name # of Votes Henngger, Art 1 Henning, Julie 1 Hill, Chris 1 Howalls, Bob 1 Hoyt, Brad 1 Jenney, Clark 1 Johnson, Paula 1 Kaye, Dale 1 Keiman, Rich 1 Lacteske, John 1 Lehmeyer, Trudy 1 Mason, Ruch 1 McMillan, Lili 2 Meisel 1 Mickey Mouse 1 Murphy, Mike 1 Nettles, A1 1 No name 16 Personius, Brian 1 Peterson, Barbara 13 Peterson, Brian 4 Peterson, Rob 1 Pfeiffer, Ashli 1 Printup, Gary 2 Rahn, David 3 4 MAYOR WRITE-IN VOTES November 3,1998 - General Election Name U of Votes Rahn, David 3 Raiche, Richard 1 Renard, Debra 1 Rodevvald, Shirley 1 Roehl, Brad 1 Rumsch. Bob 2 Sansevere, Bob 4 Sime, Jr., William 1 Smith, Doug 1 Someone else 1 Steele. Penny 1 Swanson, Deb 1 Swanson, Bill 1 Timm, Charles 2 Truchinsky, Greg 1 Ventura, Jesse 1 Vomhof, Bill 1 Walsh, Pat 2 Wanner, Tom 1 Wear, Bill 1 COUNCILMEMBER WRITE-IN VOTES November 3,1998 - General Election Name # of Votes Anderst, Jim 2 Anyone 1 Bessensen, Beth 1 Bessesen, John 1 Brown, Chris 1 Carlson. Jerry 1 Check, John 1 Damper, French 1 Danberry, Jeff 2 Donald Duck 1 Finn. Dori 1 Frank, Thomas 1 Gambone, James 1 Gelfand, Mike "Stretch"1 Harrison. Tim 1 Huntsman, Paul 1 Keiman, Rich 1• / Lehmeyer, Trudy 1 Lund.John 1 Madden, Rose 1 Mason, Ruth 1 Nettles, Alan 1 Newman. Michelle 1 Nygard, Jay 1 Persons, Mike 2 I COUNCILMEMBER WRITE-IN VOTES November 3,1998 - General Election Name # of Votes Peterson, Brian 1 Pierce, Joanna 1 Pierpont, Judith 1 Rahn. David 2 Rodewald, Kevin 1 Serena, John 6 Skoro, Rob 1 Stubbs, Bill 1 Swanson, Dan 1 Swanson, Deb 1 Vitas, Greg 1 Wally the Beerman 1 Walsh, Pat 1 L_ i ^II REQUEST FOR COUNCIL ACTION COUNCIL NOV 9 1998 Date: Item No. November 4. 1998 Department Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Administrator Approval:Agenda Section: Zoning Item Description: #2369 - Joe & Mary Fiedler, 365-373 Westlake Street - a)Lot Combination Resolution b)Final Action: Request for Assessment Refund List of Exhibits A - Resolution B - Draft Council Minutes 10-26-98 C - Memo & Exhibits of 10-22-98 October 26 Council Action On October 26 Council voted 4-0 to approve the legal combination of 365-373 Westlake Street, subject to the removal of plumbing from the building at 373 Westlake Street, accepting the existing structure at 373 Westlake Street as an existing non-conforming accessory building due to its location nearer the street than the pricipal residence, subject to the accessory building being removed within two years. After discussion. Council also voted 4-0 to table the request for a refund of the assessment paid off for 373 Westlake by Fiedler in 1998, so that the full Council would be present to take action on the request. Staff Recommendation 1.Staff recommends that Council adopt the attached resolution with conditions regarding the lot combination approval. 2.Staff recommends denial of the assessment refund as noted in the staff memo of October 22. No resolution is necessary for such denial. COUNCIL ACTION REQUESTED Adopt the lot combination resolution and take final action on the assessment refund request. A RESOLUTION APPROVING THE LEGAL COMBINATION OF PROPERTIES LOCATED AT 365 AND 373 WESTLAKE STREET WHEREAS, Joseph D. Fiedler and Mary B. Fiedler (hereinafter "applicants") are the owners of properties located at 365 and 373 Westlake Street within the City of Orono (hereinafter "City") legally described as: Lot 18, Block 2, Hillside Park, Hennepin County, Minnesota (365 Westlake Street) and Lot 17, Block 2, Hillside Park, Hennepin County, Minnesota (373 Westlake Street); and WHEREAS, each of Lots 17 and 18 contains a principal residence structure; and WHEREAS, the applicants have requested City approval to legally combine said Lots 17 and 18 for the purpose of constructing a new residence on the combined property in the future; and WHEREAS, Orono Zoning Code Section 10.03 Subdivision 7 allows only one principal building per tax parcel, and the proposed legal combination would be in violation of the Code unless one of the two residence structures is either removed or modified to become an accessory structure; and WHEREAS, the applicants have agreed to remove the plumbing from the residence on Lot 17, thereby converting it from a principal building to an accessory structure; and WHEREAS, the residence structure on Lot 17 upon its conversion to an accessor}’ structure will be considered as non-conforming in location per Zoning Code Section 10.03 Subdivision 9(D) because it is located nearer the street lot line than the remaining principal residence on the property; and 1 Page 1 of 4 WHEREAS, the applicants have agreed to remove said building from Lot 17 within 2 years of the date of this Resolution. NOW, THEREFORE BE IT RESOLVED, that the City Council of Orono, Minnesota approves the legal combination of said Lots 17 and 18 subject to the following conditions: 1.Applicants shall remove the plumbing from the structure at 373 Westlake Street. 2. 3. 5. 6. City staff is directed to approve the legal combination of Lots 17 and 18 when requested by Hennepin County to approve said combination, but only upon confirmation that the plumbing in the structure at 373 Westlake Street has been removed. The Council approves the continued location of the existing structure at 373 Westlake as an existing i on-conforming accessory building, under the condition that the applicants remove said building from the premises no later than 2 (two) years from the date of this Resolution. 4.Authoritie.s granted by this resolution run with the property, and are permissive only to the extent indicated herein. 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 th?.3 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. Page 2 of 4 Adopted by the Orono City Council on this 9th day of November, 1998 ATTEST: Linda S. Vee, City Clerk Gabriel Jabboui, Mayor Property Owner (5) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1998 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 3 of 4 ■«■.fr»>.Mi IIIII1 ifir^■■■ I STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1998 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 ) The t.j' .‘.ioing instrument was acknowledged before me on this 9th day of November, 1998 by Gabriel ’ ..^bour & Linda S. Yee. Mayor & City Clerk of the City of Orono, a Minnesota m.unicipal corpoiation and said instrument was executed on behalf of the City. Notary Public Page 4 of 4 REQUEST FOR COUNCIL ACTION Date:October 22, 1998 Item No.: Department Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Administrator Approval;Agenda Section: Zoning Item Description: #2369 - Joe & Mary Fiedler, 365-373 Westlake Street - Variances - Withdrawal - Lot Combination Approval - Request for Assessment Refund List of Exhibits A - Letter of Request 10-7-98 B-Staff Letter 9-17-98 C - Plat Map D - Sketch / site plan Variance Request Withdrawn The Fiedler's had earlier this year applied for variances to construct a new home to replace their existing home at 365 Westlake Street. This is a small lot, 50'x213', or 1/4 acre in a 2-acre zone. Their proposal, required a significant number of variances w'hich the Planning Comission found to be difficult to approve, and the request was tabled. After the May Planning Commission meeting, the Fiedlers found that the Langert property next door at 373 Westlake (also 1/4 acre) was available, and they purchased it, with ihe intent to combine both lots and eventually demolish both houses and build a new one on the combined lots. This would be a win-win from the City's perspective, in that it reduces the ultimate density in this already high- density neighborhood, and reduces the degree or magnitude of variances required. The legal combination i^ in process at the County, and eventually we will receive a notice from the County requesting City approval. We normally accept combinations without comment, except when 2 principal residences are involved. Proposed Combination - Options for 2nd House The request in front of Council is to allow the old Langert hous^ to remain on tlie combined lot*-, as 365-373 Westlake Street Combination October 22, 1998 Page 2 an accessory stricture with no plumbing. Technically, the legal combination could not be approved by staff unless one of four options occurs: 1 .The Langert house is removed; or 2.Council grants approval for leaving the Langert house as-is with plumbing intc t for some limited time period (this would likely require a variance); or 3. 4. Council grants a Guest House or Plumbing in Accessory' Building CUP (the combined property does not meet standards established for either of these CUPs); or Council allows Langert house to remain as an accessory storage building without plumbing, with existing substandard setbacks and nearer the street than the principal residence structure, presumably lor a short period of time until the new house is built. Option 4 seems most viable to staff and the applicants, and the Fiedlers are willing to remove the plumbing. Since m new construction is proposed at this time, staff does not see this as a variance application, but as a proposal that does ultimately require Council action. It would be reasonable to allow the Langert house to remain in place without plumbing until the new home is built, as long as it is kept in good repair. Assessment Refund The Langert residence was assessed for sewer as part of the Stubbs Bay project and was connected in 1993. The Langert’s paid the annual assessments with their taxes each year from 1993 through 1998, then the remaining balance of $5,304.02 was paid to the Ci y on June 16, 1998 as part of the Fiedlers purchase. Mr. Fiedler has indicated he will provide a copy of the purchase agreement confirming that he, as the purcha‘’'^r paid this and not the seller. Note that the assessment for the Fiedlers' home was fully paid off -..len they purchased it in 1993. The Fiedler's are requesting a refund of the amount they paid off for the Langert assessments, apparently on the basis that the sewer connection will no longer be used. This refund was brought up by Mr. Fiedler when we first dis>'ussed the combination issues in September, and I suggested he add this to his proposal for consideration. His request is posed in terms of ‘transferring the payment' to j65 Westlake Street, although this is confusing because his assessment for 365 \\'estlake was paid oft in 1993, and neither the City nor Hennepin County have a mechanism for crediting this amount toward future taxes, if that is the intent. Therefore, any waiver of already-paid special assessment amounts approved tor this p . operty would now be in the form of a refund check to the Fiedler's. 365-373 Westlake Street Combination October 22, 1998 Page 3 Finance Director Tom Kuehn and 1 have discussed whether there is a precedent for refunding paid sewer as.'ossments when a house is tom down. We haven't found one identical to the current situation. Council has w'aived unpaid sewer assessments for a small number of vacant properties that had never been built on and never connected, which were ultimately combined as additional yard area for adjacent properties (Eastlake Street, Tonka Avenue). Council did waive the unpaid sewer assessments for the old gas station at 1950 Shoreline, which had been connected to sewer for a number of years; however, that was a non-confomiing use situation that the City had a great interest in eliminating. Refunding in the current situation, where the sewer had been connected and used for a number of years, and the assessment already paid off, may set a dangerous precedent. Staff Recommendation 1.Direct staff to approve the legal combination when the County paperwork comes through, subject to the removal of plumbing from the building at 373 Westlake Street. 2.Accept the e.xisting structure at 373 Westlake as an existing non-conforming accessory building due to its location nearer the street than the principal residence, for a limited time until a new house is built on the combined lots. Fiedler has indicated he v likely build witliin 1-2 years, and staff suggests a condition that the structure be removet lin 2 years. 3.It may be most appropriate to formalize the above approval and conditions in the fomi of a resolution for adoption at your next meeting. 4.Given the potential negative precedent that could be set by refunding sewer assessments on a residential property where sewer had been connected and in use for a number of years, staff recommends against the refund, Mr. Fiedler intends to be at the meeting to present his request. COUNCIL ACTION REQUESTED Direct stalT how to proceed regarding the combination and regarding the assessment refund request. I 1 A Joseph D. and Mary B. Fiedler 365 W. Lake Street Long Lake, MN 55356 612-449-9073 f C-T' OF 1 i I ■ October?, 1998 lOCX X1998 ^ ^ A ^ ^ *t Dear Mike GatTron and Council members. I am writing to you to formally withdraw my permit request for our propert>’ at 365 West Lake Street. Since I appeared before the Council last Spring, we have purchased the property adjoining ours at 373 West Lake Street (Lot 17) for the purpose of eventually building on the combined lots. To this end, we ha\e done the following; 1)Begun the legal combination process with the County; 2)Gutted the interior of the structure on Lot 17 for the purpose of using it as storage space. The shed at 365 is falling down and would be the next structure to be removed. The basement/garage would provide temporary storage for the lawn mower, snow blower, tools, etc; 3)Capped the well point on October 1,1998. Therefore, I would respectfully request to appear before the Council on October 12,1998 for the purpose of requesting the Council to transfer the sew er assessment payments paid on 373 West Lake Street at closing to 365 West Lake Street. Thank you for your time and consideration. 1 look forward to the Council meeting on October 12, 1998. Most sincerely, Joseph D. Fiedler i 0 /y / GlTYof ORONO Municipal OfTices Street Address: 2750 Kelley Partway Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 September 17, 1998 Joe Fiedler 365 Westlake Street Long Lake, MN 55356 Re: Legal Combination of 365 & 373 Westlake Street Dear Joe: Enclosed is the legal combination request form you would complete and send along to the County to start the legal combination process. The County will assign the combined lots a new PINS number, change their maps, etc. They also will eventually send this request to us for City approval. City approval would be granted subject to you and the City reaching a formal conclusion as to what happens with the house on Lot 17. I know you intend to eventually remove it, but this will need to be more formalized in order that we can allow the combination, since a single property can have only one residence. The potential options include: 1 .Remove the second residence structure (the house on Lot 17); 2.You could request that the Council allow the house on Lot 17 to remain as-is for a defined limited period; 3.You could formally apply for a "guest house" conditional use permit (which would likely not be approved since that requires 4 acres in the 2-acre zone); or 4.You could ask the Council to let it remain temporarily as an accessory storage building, which would require that the plumbing be removed. I suggest you include your choice of these options in your letter requesting the Council to transfer the assessment payments from 373 to 365. Call me if you have questions! Sincerely, y Michael P. Gaffron Senior Planning Coordinator end Telephone (612) 473-7357 • FAX 473-0510 80.3 C. 1e2. 1 r9, I •30 'W • I 'f!. • • .. l I \ ( I_ 32>"\ ( J , ,.. , � t t ) --/ UJ A , -� • ,. 'Ill[ -- i ---- '_ft � �- ◄ • --- l I J I I I I I : . I : I ' } ,-J -- ---- / ''� '-/0 Application Date: Completion Date: 60 Day Deadline: 9/18/98 9/18/98 11/17/98 COUNCIL f/E£T:;v NOV 9 1998 ClTYCrCRCvO REQUEST FOR COUNCIL ACTION DATE: 11/5/98 ITEM NO.: 5^ Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2422 Richard Gay 2735 Shadvwood Road Denial Resolution Zoning District:LR-1B Lot Area: One Family Lakeshore Residential District (1 Acre) 1 Acre + The Council voted 4 to 0 to deny Richard Gay’s request for an average lakeshore setback on October 26, 1998. Enclosed is a copy of a denial resolution. Application: The applicant had proposed to construct a fence to exceed the maximum 3 1/2' height within the average lakeshore setback. The fence would have been 6' in height. The applicant had stated in his hardship statement 3 1/2' is inadequate for the purposes of containing his 2 Borzois dogs. The proposed location has house access, where placing the fence elsewhere would not allow this convenience. COUNCIL ACTION REQUESTED To approve or amend the enclosed denial resolution. CITY OF ORONO P.O. Box 66 Crjstal Bay, MN 55323 473-7357 TO: Richard Gay 2735 Shadywood Road Excelsior MN 55331 APPLICATION NO. #2422 NOTICE OF COUNCIL ACTION Date of Notice: October 29,1998 COPIES: VOTE: 4 FOR 0 AGAINST TYPE OF APPLICATION: Variance DATE OF MEETING: 10/26/98 COUNCIL ACTION - MOTION: To deny the request for an average lakeshore setback variance to permit a 6' fence where 3 1/2' is allowed, based on the hardship being a result of the property owners desire to keep dogs on the lakeshore of the property, not the topography of the lot. A RESOLUTION DENYING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 15 (D) FILE #2422 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Richard Gay (hereinafter "the applicant") is owner of the property located at 2735 Shadywood Road within the City of Orono (hereinafter "the City") and legally described as follows: That part of Lot 26, "Pheasant Lawn" lying southeasterly of a line draw n parallel with the northwesterly line of said lot from a point on the northeasterly line of said lot 123.6 feet southeasterly, measured along said northeasterly line from the most northerly comer of said Lot 26, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State. Also all of Tract U, except the Northeasterly 110 feet thereof. Registered Land Sur\ ey No. 415, Files of Registrar of Titles, County of Hennepin, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 15 (D) to permit the construction of a 6' fence within the average lakeshore setback where 3.5' is allowed. WHEREAS, after due published md mailed notice in accordance with Minnesota Statues and the City of Orono Zoning and Plan '' 'des, the Orono Planning Commission held a public hearing on October 19, 1998, at which ...• ,iv his agents, and all other interested members of the public were allowed to comment on tL -, , vsed application; and Page 1 of 3 WHEREAS, the City Council has reviewed the application, the reports of the City staff, the comments of the Planning Commission, and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the variance as described above based on one or more of the following findings of fact concerning this property and application: FINDINGS 1.This application was reviewed as Zoning File #2422. 2.The property is located in the LR-IB Zoning District, where 1 acre or 43,560 sq. ft. is the minimum lot area. 3. 4. 5. 6. The lot would allow a 6' fence to be placed on the street side of the property. The applicant's desire to place the dog run on the lakeside of the property was due to future plans to place an addition to the home located over the portion of the lot that would allow a 6' fence, and to provide immediate access to the house. The zoning code prohibits any fence structures from encroaching into the average lakeshore setback over 3 1/2 ’. The Planning Commission reviewed this application on October 19, 1998 and recommi nded denial on a vote of 4 to 1. A. B. The applicant has requested a variance to permit a 6' fence within the average lakeshore setback where a 3 1/2' fence is allowed for the keeping of dogs on the property. The requirement for a 6' fence is a result of the breed of dog the property owners intend to keep on the property. The zoning code requires a undue hardship inherent in the land to grant a variance. Page 2 of 3 C.There would be adequate space to allow a fenced area located outside of the average lakeshore setback. 7.The applicant has jcently purchased the property. 8.Granting of the variance would appear to ser\ c as a conv enience to the applicant and applicant has not demonstrated any reasonable hardship or difficulty. 9.In review of the findings noted above the Council finds that granting a variance to permit an average lakeshore setback for a 6' fence where a 3 1/2' fence is allowed would be detrimental to the public health, safety and welfare; and would be in conflict with the intent of the zoning code. Adopted by the City Council of the City of Orono on this 9tli day of November, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of November, 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. Notarv Public Page 3 of 3 Council t/'z-vn Application Date: Completion Date: 60 Dav Deadline: 9/23/98 10/9/98 12/8/98 NOV 9 cirv c REQUEST FOR COUNCIL ACTION DATE: 11/5/98 ITEM NO Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2424 Gregg Klohn 4455 North Shore Drive Variances Zoning District:LR-1B One Family Lakeshore Residential District (1 Acre) Lot Area:27,000 square feet (.62 acres) Application: The applicant has requested an after-the-fact variance to complete a deck currently under construction on the lakeside of the residence. The deck would be 180' from the shoreline of Lake Minnetonka, but would require an average lakeshore setback variance to permit an encroachment of 22'. The principal residence to the west, adjacent to the applicant's property, is located much further back on the lot. The lot to the east, adjacent to the applicant's property, is located closer to the lake than the applicant's residence. The applicant has also proposed to place a single story (8' X 17') addition to the residence for hving space. The addition is located at the 250 ’ setback and would require a variance from allowed hardcover in the 250-500' setback. This application requires the following variance: 1.Average Lakeshore Setback. The deck would encroach 24* into the Average Lakeshore Setback. Allowed Hardcover in the 250-500' lakeshore setback. Existing on the lot is 2,028 s.f. of hardcover (32.9%). The addition would add 136 s.f. of hardcover, totaling 2.164 s.f. (35.1%). The allowed hardcover is 1847.1 s.f (30%). i PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 0 vote to: Approve the variances as presented. COUNCIL ACTION REQUESTED To approve or amend the enclosed resolution. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2424 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 21, 1998 TO:Gregg Klolin 4455 North Shore Drive Mound, MN 55364 COPIES TO: TYPE OF APPLICATION:Variance DATE OF MEETING: 10/19/98 VOTE;5 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council October 26, 1998, meeting starts at 7:00 p.m. If you desire certified copies of the official Plaiming Commission minut 's, they are available from the City Recorder after review and approval by the Planning Commission. X:\APPS \VP\VIN60'\VI'1)< >CS CAROLE PCACT10X2424 I A RESOLUTION GRANTING AN AFTER-THE-FACT VARIANCE AND VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) (6); SECTION 10.22, SUBDIVISION 2; AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE NO. #2424 WHEREAS, Gregg Klohn (hereinafter "the applicant") is the owner of the property located at 4455 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 4, Berquist Addition to Saga Hill, e.xcluding road, Hennepin County, MN (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 19, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for an after-the-fact variarice to Municipal Zoning Code Section 10.56, Subdivision 16 (C) (6) to permit a deck to encroach 22' into the average lakeshore setback where no encroachment is normally allowed; and variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 2,164 s.f. (35.1%) hardcover in the 250-500' lakeshore setback where 30% is allowed and 2,028 s.f. (32.9%) e.xists. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1.This application was reviewed as Zoning File #2424. 2.The property is located in the LR-IB Zoning District, where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of .62 acre or 27,000 s.f. Page 1 of 4 3.The Orono Planning Commission reviewed this application on October 19, 1998 and recommended approval by a vote of 5 to 0. 4.The Planning Commission made the following findings of fact: A.The average lakeshore setback variance is an after-the-fact situation. Most of the footings and support beams have been completed. B.The addition would increase total hardcover in the 250-500' lakeshore setback. This portion of the lot is small in relation to the entire lot. C.There is a one-stall garage that was damaged by a storm in late spring, and subsequently removed. The property owner may intend to replace the garage in the same lo:ation, or construct an addition to the home. D.The proposed development is consistent with the development in the locality. 5.The City Council finds that the conditions existing on this property are peculiar to it and do not apply general.^ to other property in this zoning district; that granting ihe 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 necessaiy to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial propertv light of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6.The City Council has considered this application including the findings and recommep.Jaiions of the Planning Commission, reports by City stall, comments by the applicant and the effect of the proposed variances 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 an after-the-fact variance to Municipal Zoning Code Section 10.56. Subdivision 16 (C) Page 2 of 4 (6)to permit a deck to encroach 22' into the average lakeshore setback where no encroachment is nomially allowed; and variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 2,164 s.f. (35.1%) hardcover in the 250-500' lakeshore setback where 30% is allowed and 2,028 s.f. (32.9%) exists. Approval was subject to the following conditions: 1.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 9, 1999). 2.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of November, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 4 4 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of November, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of for said county, personally appeared _, 199_before me a Notary Public within and knov>ii 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 for said county, personally appeared _, 199_before me a Notary Public within and knovMi to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 TO: FROM: DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Paul Weinberger, Assistant Zoning Administrator October 12, 1998 SUBJECT:#2424 Gregg Klohn 4455 North Shore Drive Variances-Public Hearing Zoning District:LR-IB Lot Area:27,000 One Family Lakeshore Residential District (1 Acre) square feet (.62 acres) ____ Application: The applicant has requested an after-the-fact variance to complete a deck currently under construction on the lakeside of the residence. The deck would be 180' from the shoreline of Lake Minnetonka, but would require an average lakeshore setback variance to permit an encroachment of 24'. The principal residence to the west, adjacent to the applicant’s property, is located much further back on the lot. The lot to the east, adjacent to the applicant's property, is located closer to the lake than the applicant’s residence. The applicant has also proposed to place a single stor>' (8 X 17) addition to the residence for living space. The addition is located at the 250' setback and would require a variance from allowed hardcover in the 250-500' setback. This application requires the following variance: 1 .Average Lakeshore Setback. The deck would encroach 24' into the Average Lakeshore Setback. 2.Allowed Hardcover in the 250-500' lakeshore setback. E.xisting on the lot is 2,028 s.f of hardcover (32.9%). The addition would add 136 s.f of hardcover, totaling 2,164 s.f (35.1 “/o). The allowed hardcover is 1847.1 s.f (30%). Lot History: The lot was platted and developed prior to the adoption of the zoning code. A one stall garage near the front lot line was damaged during a storm. Future replacement of the garage would not be possible in its existing location as it is entirely within the street setback and partially in the side yard setback. . 1^2424 Gregg Klohn 4455 Sorth Shore Drive Variances 10^9 93 Page I Pertinent Ordinances: Section 10.56, Subd. 16(C)(6): Average Lakeshore Setback Section 10.22, Subd. 2: Allowed Hardcover Section 10.56, Subd. 16(L)(2): Allowed Hardcover Gregg Klohn 4455 Sorih Shore Drive t'ariances 10/1993 Page 2 ANALYSIS r.ot Area and Yards LR-IB (1 acre) Lot Area lot Width Lakeside Yard Side Yard Street Yard Required 43,560 s.f.140’75’10’35’ Proposed 27,000 s.f.98 ’180’15’48’ The residential addition and deck would not encroach into the setback requirements for the LR-IB zoning district.However, the deck structure would not meet the required Average Lakeshore Setback. The deck would encroach in the average lakeshore setback requirement by 24'. Hardcover DLtance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75’5,968 s.f. 0 s.f (0%) none (0%) Os.f. (0%) none 75-250’14,875 s.f.2,567 s.f (17.2%) 3,718.75 s.f (25%) 2,837 s.f (19.0%) none 250-500’6,157 s.f. 2.028 s.f (32.9%) 1,847.1 s.f (30%) 2,164 s.f (35.1%) To allow a residential addition. 500-1000'0 0 0 (35%) 0 none The appliwant is requesting a hardcover variance to permit the construction of a 8 X 17 addition to the residence. The hardcover would increase from 32.9% to 35.1%. U2424 Gregg Klohn 4455 Sorth Shore Drive I ariances i0/l9.9S Page 3 Structural Coverage Total Lot Size Total Structural Coverage Percentage 27,000 s.f.Existing: 1,963 s.f. Proposed: 2,855 s.f. 7.2% 10.7% The lot does not exceed the allowed lot coverage of 15%. ANALYSIS Variance STATEMENT OF HARDSHIP The applicant's have included their statement of hardship in Exhibit A. The app licant should also be asked for their testimony regarding this issue. Issues 1.A one stall garage exists on the property that was damage in a storm. Replacement of the garage would require variances from front and side yard setbacks. 2.Lot requirements would be met by the proposal. An average lakeshore setback is .'equired for the deck. The deck is 180' from the lakeshore. J.The deck is an after-the-fact variance. A stop work order was issued by the City Building Inspector requiring the property owner to apply to the City for a variance to complete the structure. 4.The addition would increase total hardcover in the 250-500' setback. This portion of the lot is small in relation to the remainder of the lot and contains most of the driveway hardcover. 5.The adjacent property owner to the east is constructing a deck that would change the location of the average lakeshore setback to be slightly closer to the lake. STAFF RECOMMENDATION Staff recommends the Planning Commission consider the future use of the storm damaged ^2424 Grc^g Kiohn 4455 Sorth Shore Drive finances to/19/98 Page 4 i garage located 5.5' from the lot line. It has been determined by the City's Building Inspector any replacement for the garage would require variances. Staff is recommending approval of an after-the-fact variance to permit the construction of a deck to be located on the lakeside and west side of the residence. Attachments A B C D E F G H 1 Application Plat Map Location Map Survey/Site Plan Site Topography Hardcover Calculations Floor Plan Property Owners List Permit Record ^2424 Gregg Klohn 4455 Sorth Shore Drive Variances ia'I99S Page 5 Application # 3 ^2. V Date Received ij2 zItz Amount Paid ± 25"o A CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 (S50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 Afrer-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site .Address OA.0a)0 SSl4>y Pro-erty Identification Number (P.I.D.)______________________" Attach Ieg.1. description to application if not included on required survey. Date Propsaa^ Acquired yyiA^c»4 ____________________(month/year) I (do)^o no^ also own the adjacent parcels of land. Presenrtisr^ property: V" residential Zoning District: other (specify) APPLICANT Name fO Address: OWNER (if different than applicant) Name City:. Phone (home ) Phone (work ) 33 7?/*/ oie.o<oo _______Zip: Address: Phene (home) Phone (work)_ City:.. Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: To ^ Uc LA-t± fjit^honif (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width U^etback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: c ____ -1//,____Ir 7v 7 /.^, 7 (attach additional sheets if necessary) —- ~ Ca/L*j c'/-rh. /o^;s ,7^ •jrt / -, •.*. /•.•'• IB*. u 4 i_3 :>*£ yr.v.^ «.— '' . j - •• • '<•^1 { .*• •4.i-. , -.'...'/ 'v,v;*.i- •• i ••• ’X A ••- i ............•• .'^. *v*y '.6, 3' ?•'C |r 5/ fc&r-: ■■W-,:H»§ ¥. ,v vv \ ■'»'’ ■.••.>vt. , ■NV, '? •■ r.',», • • \ t tC^i .'* 'A. (ri ■■■■'Sr ^ . 'r ' V ' J'3N'»'^ ^.vV^V r\ ,#-'.‘:c .\» ?.-. \'^ „i\ ^ <4 '^’^V;v>'..'•''■-*• .. .c -V-.n^ • • CMIff EWA U BAnOC oFORi aa 0 400 TRAJIS ENO CtR ELM :i9. fevCblf -, , '-.Cburse-^T.^ r ' • ’«- iv- 14*^ t\ WtSTWAJICMRO -L* t -•i- 6C0 REO OAX HO ikcnv I rRrf I I Oafc f 41 i-cwr;-----sT,. SEE MAP 61 Fw ^ ------------------ ' r x:/§•• t \# C“'• -r L • . • -w;; ^ -* DAHL V ^ •' •» *r • Forist "l/BIUUlO* • Bay i>? iy\L 3AY r . - ^ >L'' » 4 ROE . VEST il yt' L - # • AT-^^4 1600 N»rj /X > c: ORONO^i '-• -' --... Anil '•T • LL:.* 1.<■ 5w|o«/;.a,«, ->i.,.: Vi' A^-- ■ PEERINT.■■ ivooo Muaiid certificate ®t Survey For Grenn Klohn 445S North Shore Drive Orono, MN Book 340 Pag©File J'^XfSr/^lr t *2 04^i ^ •*rx ^ «■= X h'yjS^t'72'^ T-r*<' -571? .,ot Area 27^000 sq.ft. louse .1/ 720 ;/»rege 105 lidewalk 360 ’atio 410 .’oncrete Dr. 312 >hed 50 lock Dr.1,550 ^ard Cover 4^505 Scale: ODenotes Icon Mon.Found ce-t< Kt/»T/>V' .__ ---- 2o/^l -W.' 5 7/ f'7>' 'V N g/oV 'V. V»t«r 929.6 HARDCO SETBACK ZONE: (CIRCLE ONE) f.YTyrriNG hardcover in zone A.House ______________ Lea|th 0-75' .CULATION WORKSHEET 75-250’250-500’500-1000’ B.Garage C.Driveway D.Sidewalk E.Paiio/Deck F.Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X G.Ocher TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A -5- B PROPOSED HARDCOVER IN ZONE A. House ______________ Leogeh B.Garage C.Driveway D.Sidewalk E.Patio/Dcck F.Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X G.Other width TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ B. O X 100 Q. Widdi 0 CS F /,«f3 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.» S.F. S.F. S.F. S.F. S.F. S.F. % S.F. S.F. S.F. S.F. S.F. S~ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. X 100 S.F. S.F. S.F. % A B A B t« •hardcover CALCULAHOt^VORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’ f.yrSTING HARDCOVER IN ZONE A.House _____________X F Leo|th Wtdch B.Garase •• C.Driveway D.Sidewalk E.Pacio/Deck F.Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X G.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A -i- B PROPOSED HARDCOVER IN ZONE A. House _____________ Length B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic Or Ffhric X X X X X X X X X X X X G.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ + B . X 100 Width xlOO 250-500’500-1000Jo(3 cs \13.0 S.F. 'S3 S.F. • s S.F. Z5 S.F. S.F. il7 S.F. s S.F. :^.zo S.F. ss S.F. ^iO S.F. ss _S.F. :8 S.F. *S.F. s S.F. S.F. S.F. A /V?7S'_S.F. B S3 % 17:2.0 S.F. S.F. SS S.F. ss S.F. S.F. t=117 S.F. xs S.F. 8 3X0 'S.F. S.F. S.F. S.F. S.F. IJ'^7 S.F. S.F. % /^87S A B 1^.0 HARDCOVER CALCULATION WO SETBACK ZONE; (CIRCLE ONE) 0-75’75-250’ EXISTING HARDCOVER IN ZONE A.House X ____ Leo|th Slow cl B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X G.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A -r B PROPOSED HARDCOVER IN ZOr^T. A. House Leogch SU,) B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X X G.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B RKSHGB^-. (.250-500’ j F 500-1000* Width X 100 Width ss S3 3 of 3 o- a I 2^ / 7 s /sr^ o yo P.028 /3Co 4^ J9S /SS’O ^0 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. (n I S' ~7____S.F. S.F. S.F. _________S.F. S g _____ S.F. S.F. S.F. S.F. S.F. S.F. S.F. >.F. S.F. S.F. ’S.F. S.F. I Wi) V xlOO S.F. _S.F. X iT . I_______^ A B UIS'7 A B , . • • , I •· . . -�-· . _.,,,._ °/' 0 ·.f·,t•s+;",Res, e.'1c • ·-- - • - RUN DATE 09/22/98BATCH 507 PROP ADDR OWNER NAHE TAXPAYER WANE/ADDR 38 07-117-23 31 0001 09995 NORTH SHORE DR GAYLE ERNEST WITTIG GAYLE E WITTIG 9995 NORTH SHORE DR HOUND HN 55369 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEMPROPERTY OWNERS LIST 38 07-117-23 31 0002 09955 NORTH SHORE DR GREGG D KLOHN GREGG KLOHN 9955 NORTH SHORE DR MOUND MN 55369 REPORT NO. PI935901PAGE 15 38 07-117-23 31 0003 09965 NORTH SHORE DR J L THEISEN JR ET AL TRSTEES BARBARA A/JOHN L THEISEN JR 9965 NORTH SHORE DR MOUND MN 55369 PROP ktm OWNER NAItt. TAXPAYER NAME/ADDR 38 07-117-23 31 0009 09985 NORTH SHORE DR C F 8 R 6 FREEBURG CkAYTON F FREEBURG 9985 NORTH SHORE DR MOUND m 55369 38 07-117-23 31 0005 09995 NORTH SHORE DR BARBARA J ANDERSON BARBARA J ANDERSON 9995 NORTH SHORE DR HOUND MN 55369 38 07-117-23 31 0009 09980 NORTH SHORE DR JOHN J GROTANS JOHN J GROTANS 3200 29TH AGE N E MPLS HN 55918 PROP ADDR OWNER NAHE TAXPAYER NAME/ADDR 38 07-117-23 31 0010 09970 NORTH SHORE DR JOHN J GROTANS ET AL JOHNI ILZE I PETERIS GROTANS 9970 NORTH SHORE DR MOUND MN 55369 38 07-117-23 31 0013 09998 NORTH SHORE DR MURIEL G SENN MURIEL G SENN 9998 NORTH SHORE DR MOUND MN 55369 38 07-117-23 31 0039 09950 NORTH SHORE DR J A LORENCE 8 N R LORENCE JAMES A 8 MAXINE R LORENCE 9960 NORTH SHORE DR MOUND MN 55369 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 07-117-23 31 0091 00038 ADDRESS PENDING HENNEPIN FORFEITED LAND COUNTY OF HENNEPIN PUBLIC ROAD USE STATE DEED R91287 (5-19-511 38 07-117-23 39 0003 09925 NORTH SHORE DR DANIEL J DICKEY ETAL NORMA J DICKEY 9925 NORTH SHORE DR HOUND MN 55369 38 07-117-23 39 0009 09935 NORTH SHORE DR GORDON W LUNDMAN GORDON W LUNDMAN 9935 NORTH SHORE DR MOUND HH 55369 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR TOTAL BATCH 507 00012 r / r l Zl. Permit No« '7 a,? U PERMIT RECORD Date -S& J.Lt. 3 - 7 ^ /O^ V-7- ^ V ^^ 5" •. • Application Date: Completion Date: 60 Day Deadline: COUNCIL hlUzTu 9/23/98 9/23/98 11/22/98 REQUEST FOR COUNCIL ACTION ^^0V 9 1998 ^iTv CF onorio DATE: 11/5/98 ITEM NO.: Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2428 Terrance Maurer on behalf of David and Christine Hardten 2515 Kelly Avenue Variances Zoning District: LR-IB Lot Area:43,170 One Family Lakeshore Residential District (1 Acre) square feet (.99 acres) Application: The applicants have proposed to remove the existing house and detached garage on the property to build a new residence with attached garage. The applicants do not intend to remove the existing boat house with stairs along the lakeshore. 1 his application requires the following variances: 1 .Accessory structure to remain on the property without a principal structure. 2.Hardcover in the 0-75' lakeshore setback. The applicants are requesting 924 s.f. (6.3%) where none is allowed. 3.Hardcover in the 75-250' lakeshore setback. The applicants are requesting 6,11 3 s.f (26.9%) where 5,673 s.f (25%)is allowed. 4.Hardcover in the 250-500' lakeshore setback. The applicants are requesting 1,761 s.f (30.6%) where 1,724.4 s.f (30%) is allowed. Lot Area and Yards ANALYSIS LR-IB (1 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 80% of 43,560 s.f. 80% of 140' 75'10'35' Proposed 43,170 s.f.170'Existing: 110' Proposed: 115' Existing: 27.7' Proposed: 10' Existing: 73' Proposed 161' Section 10.03, Subd. 6(A)(1) of the Zoning Code states that lots under one acre serviced by public sanitary sewer and platted prior to the date of the zoning chapter are only required to meet 80% of lot area and lot width standards. This lot does meet the criteria listed in the above referenced section of the Zoning Code. Therefore no variances are required for lot area or lot width. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposal Ul Proposal U2 per Planning Commission Recommendation 0-75'14,727 s.f.924 s.f. (6.3%) none (0%) 924 s.f (6.3%) 924 s.f (6.3%) 75-250'22,695 s.f.6,692 s.f. (29.5%) 5,673 s.f (25%) 6,530 s.f (28.7%) 6,113 s.f (26.9%) 250-500'5.748 s.f.3,878 s.f. (67.5%) 1724.4' (30%) 1,907 s.f (33.2%) 1,761 s.f (30.6%) 500-1000'0 0 0 (35%) 0 none 0-75 ’ The property contains a boathouse and steps in the 0-75' setback. The boathouse would remain on the property upon completion of a new residence. Any approval of a site plan on the property would create a legal structure, therefore a variance should be approved to allow the hardcover to remain. The Code would not allow the boathouse to remain on the property following removal of the principal residence. A variance would have to be approved to allow the structure to remain on the property without a principal structure. The zoning code does allow a stairway to access the lake. This hardcover is legal. 75-250' Proposal ni requested 6,692 s.f. (29.5%) of hardcover. The Planning Commission felt the addition 4.5% of hardcover was excessive, but considered the shape of the lot and the property containing 100% of a shared driveway was a hardship placed on the property. The Commission would be in favor of the request if the total hardcover in this setback be reduced to 27%. The applicants have redesigned their plan to meet the Planning Commission recommendation. (Proposal U2). All hardcover in this setback would be removed and replaced at the time of new construction. The applicant has proposed 6,113 s.f. (29.6%) of hardcover. The City allows 25% in the setback. This would require a variance to allow the increased hardcover. The applicant has stated the pie shape of the lot is restrictive as the lot width at the 75' setback is 180' and the lot width at the 250' setback is 82'. 250-500' The existing lot contains 67.5% hardcover. The existing detached garage (proposed to be removed) and driveway are located over this portion of the lot. The lot also will contain a shared driveway used for access to the neighboring property. The request for 33.2% hardcover (1907 s.f.) Proposal U1 was changed by the applicants to 1,761 s.f. (30.6%). Structural Coverage Total Lot Size Total Structural Coverage Percentage 43,170 s.f.Existing: 4,151 s.f. Proposed: 4,712 s.f. 9.6% 10.9% The lot would not exceed the 15% allowed lot coverage. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 5 to 0 vote to: Approve the variances with the condition the hardcover in the 75-250' setback be reduced to 27%. COUNCIL ACTION REQUESTED To approve or amend the enclosed resolution. ATTACHMENTS A B C D E F N«''iice of Planning Commission Action Resolution Hardcover Worksheet for existing residence Proposal #1 Hardcover (Planning Commission) Proposal #2 Revised Plan (Reducing overall hardcover) Planning Report A CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2428 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 21, 1998 TO:David and Christine Hardten 2515 Kelly Avenue Excelsior, MN 55331 COPIES TO: Terrance Maurer 201 West Travelers Trail Burnsville, MN 55337 TYPE OF APPLICATION:Variance DATE OF MEETING: 10/19/98 VOTE:5 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: The applicants reduce overall hardcover in the 75-250' setback to 27%. 2.The property contains a shared driveway providing for additional hardcover on the applicants' lot that serves the adjacent lot. Additional information is requested, as follows: 1 Existing hardcover calculations. 2.Revised plan to indicate removal of hardcover, resulting in 27% for the 75-250' setback. Applicants' next scheduled meeting is dependent upon receipt of additional information. Deadline for the October 26, 1998 meeting is 12:00 p.m. on October 21, 1998. Applicants' next scheduled meeting is confirmed as: City Council October 26, 1998, meeting starts at 7:00 p.m If the applicants have trouble obtaining additional information, please contact the Zoning Department (473-7357). 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;\APPSvWP\VIN60'WPDOCS C/\ROLE PCACTIOV 2428 1 B A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (A); SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L) (1) AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE NO. #2428 WHEREAS, David Hardten and Christine Hardten (hereinafter "the applicants") are the owners of the property located at 2515 Kelly Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Tract C of R.L.S. No. 1428, Hennepin County, MN (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Mmnesota Statues and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 19, 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 Mumcipal Zoning Code Section 10.22, Subd. 9 (A) to permit an accessory building to remain on the lot without a principal building; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 924 s.f. (6.3%) hardcover where 924 s.f. (6.3%) exists; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (2) to permit 6,113 s.f. (26.9%) hardcover within the 75-250' lakeshore setback where 5,673.75 s.f. (25%) is allowed, and to permit 1,761 s.f. (30.6%) of hardcover within the 250-500’ lakeshore setback where 1,724.4 s.f. (30%) is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Mmnesota: FINDINGS 1. *) This application was reviewed as Zoning File #2428. The property is located in the LR-IB Zoning District, where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of .99 acre or 43,170 s.f. Page 1 of 5 -> J The Orono Planning Commission reviewed this application on October 19, 1998 and recommended approval by a vote of 5 to 0. The Planning Commission made the following findings of fact: A.The lot does meet lot area and lot width requirements. The lot is only required to meet 80% lot area and lot width because it is sewered and was platted prior to the adoption of the zoning code. B. C. The boathouse would remain on the property. The lot shares a driveway with the adjacent property to the south, 2523 Kelly Avenue. The entire shared portion of the driveway is located on the 2515 Kelly Avenue lot. D.The applicants have proposed to reduce hardcover on the lot from 11,494 s.f to 8,798 s.f. E.The Planning Commission recommended reducing hardcover in the 75- 250' lakeshore setback to 27%. The applicants originally proposed 28.7% hardcover. F.The lot is pieshaped, limiting the lot area within the 75-250' lakeshore setback. G.The proposed development is consistent with the development in the locality'. H.Letters in support of the applicant's proposal were submitted by property owners at 2509, 2525, and 2523 Kelly Avenue. 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 Page 2 of 5 property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fiuulngs, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subd. 9 (A) to permit an accessory building to remain on the lot without a principal building; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 924 s.f. (6.3%) hardcover where 924 s.f. (6.3%) exists; Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) (2) to permit 6,113 s.f. (26.9%) hardcover within the 75-250 ’ lakeshore setback where 5,673.75 s.f. (25%) is allowed, and to permit 1,761 s.f. (30.6%) of hardcover within the 250-500 ’ lakeshore setback where 1,724.4 s.f. (30%) is allowed. Approval was subject to the following conditions; 1.The applicants reduce hardcover in the 75-250' lakeshore setback to 27%. 2.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 9, 1999). 3. 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 If- Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of November, 1998. ATTEST: Linda S. Vee, City Clerk Property Owner (s) Gabriel Jabbour, Mayor STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of November, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this___day of for said county, personally appeared , 199_before me a Notary Public within and 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 die foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 yc EXISTING MPERVIOUS AREA - A LOT AREA = 5,748 SQ. FT. BITUMINOUS AREA = 3,084 SQ. FT. GARAGE AREA = 794 SQ. FT IMPERVIOUS SURFACE COVERAGE = 67.5% MPERVIOUS AREA - B LOT AREA = 22,695 SQ. FT HOUSE AREA = 2,620 SQ. FT. BITUMINOUS AREA = 1,152 SQ. FT. SIDEWALK AREA = 1,385 SQ. FT. POND AREA = 151 SQ. FT. DECK AREA = 580 SQ. FT. ROCK AREA = 804 SQ. FT. IMPERVIOUS SURFACE COVERAGE = 29.5% IMPERVIOUS AREA C LOT AREA = 14,727 SQ. FT BOAT HOUSE AREA = 737 SQ. FT SIDEWALK AREA = 187 SQ. FT. IMPERVIOUS SURFACE COVERAGE =6.3% LOT AREA = 43,170 SQ. R OTAL IMPERVIOUS AREA 11,494 SQ. F MPERVIOUS SURFACE COVERAGE = 26.6% LEGAL DESCRIPTION: TRACT C OF R.L.S. NO. 1428, HENNEPIN COUNTY. MINNESOTA. ADDRESS ! 2515 KELLY AVENUE PROPOSED 9/23/98 0 PLANNING COMMISSION RECOMMENDATION HARDCOVER FROM 28.7% TO 27.0%. MPERVIOUS AREA - A LOT AREA = 5.748 SO. FT. BITUMINOUS AREA = 1,907 SQ. FT. IMPERVIOUS SURFACE COVERAGE = 33.2% TO REDUCE MPERVIOUS AREA ~ B LOT AREA = 22,695 SQ. FT HOUSE AREA = 3,578 SQ. FT. DECK AREA = 397 SQ. FT BITUMINOUS AREA = 2,555 SQ. FT. IMPERVIOUS SURFACE COVERAGE = 28.7% IMPERVIOUS AREA ~ C LOT AREA = 14,727 SQ. FT BOAT HOUSE AREA = 737 SQ. FT SIDEWALK AREA = 187 SQ. FT. IMPERVIOUS SURFACE COVERAGE = 6.3% LOT AREA = 43,170 SQ. ’OTAL IMPERVIOUS AREA = 9,36 MPERVIOUS SURFACE COVERAGE SQ. FT. 21.6% (<353.8) DENOTES EXISTING ELEVATION DENOTES PROPOSED ELEVATION INDICATES DIRECTION OF SURFACE DRAINAGE 959.^ RNISHED GARAGE FLOOR ELEVATION 950.50 = BASEMEITT FLOOR ELEVATION 959.50 = TOP OF FOUNDATION ELEVATION E Lfl REVISED PLAN 10/23/98 MPERVIOUS AREA - A LOT AREA = 5,748 SQ. FT. BITUMINOUS AREA = 1,761 SQ. FT IMPERVIOUS SURFACE COVERAGE = 30 6% MPERVIOUS AREA LOT AREA = 22,695 SQ. FT HOUSE AREA = 3,578 SO. FT. DECK AREA = 397 SO. FT BITUMINOUS AREA = 2,078 SQ. FT. STOOP AREA = 60 SQ. FT. IMPERVIOUS SURFACE COVERAGE = 27.0% 4 MPERVIOUS AREA - C LOT AREA = 14,727 SQ. FT BOAT HOUSE AREA = 737 SO. FT SIDEWALK AREA = 187 SQ. FT. IMPERVIOUS SURFACE COVERAGE =6.3% LOT AREA = 43,170 SQ. R TOTAL IMPERVIOUS AREA 8,798 SQ. FT. MPERVIOUS SURFACE COVERAGE = 20.3% (95^0^ (^8.8) 959.17 = 950.50 = 959.50 DENOTES EXISTING ELEVATION DENOTES PROPOSED ELEVATION INDICATES DIRECTION OF SURFACE DRAINAGE RNISHED GARAGE aOOR ELEVATION BASEMENT FLOOR ELEVATION TOP OF FOUNDATION ELEVATION lo^Z TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Paul Weinberger, Assistant Zoning Administrator DATE:August 5,1998 SUBJECT:#2428 Terrance Maurer on behalf of David and Christine Hardten 2515 Kelly Avenue VarianceS”Public Hearing Zoning District:LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:43,170 square feet (.99 acres) Application: The applicants have proposed to remove the existing house and detached garage on the propert>’ to build a new residence with attached garage. The applicants do not intend to remove the existing boat house with stairs along the lakeshore. This application requires the following variances: 1.Accessory structure to remain on the property without a principal structure. 2.Hardcover in the 0-75' lakeshore setback. The applicants are requesting 924 s.f. (6.3%) where none is allowed. 3.Hardcover in the 75-250’ lakeshore setback. The applicants are requesting 6,530 s.f. (28.7%) where 5,673 s.f. (25%)is allowed. 4.Hardcover in the 250-500' lakeshore setback. The applicants are requestii.^ *',748 s.f. (33.2%) where 1724.4 s.f. (30%) is allowed. il242S Terrance Maurer on behalf of David and Christine Hardten 2515 Nelly Avenue Tar lances 10/19/93 Page I F 4 I i Pertinent Ordinances: Section 10.22, Subd. 1(A): Lakeshore Setback Regulations Section 10.03, Subd. 9(A): Accessory Structures Section 10.03, Subd. 6(A)(1): Undersized Lots Section 10.03, Subd. 14(C): Lot Coverage Section 10.56, Subd. 16(L)(2): Allowed Hardcover Section 10.22, Subd. 1(B): Allowed Hardcover it242S Terrance Maurer on behalf of David and Christine Hardten 2315 Kelly Avenue Variances 10/19/98 Page! ■* ANALYSIS Lot Area and Yards LR-IB (1 acre) Lot Area Lot Width Lakeside Yard Side Yard Street Yard Required 80% of 43,560 s.f. 80% of 140’ 75 ’10’35' Proposed 43,170 s.f.170’Existing: 110' Proposed: 115' Existing: 27.7 ’ Proposed: 10' Existing: 73' Proposed 16T Section 10.03, Subd. 6(A)(1) of the Zoning Code states that lots under one acre serviced by public sanitary sewer and platted prior to the date of the zoning chapter are only required to meet 80% of lot area and lot width standards. This lot does meet the criteria listed in the above referenced section of the Zoning Code. Therefore no variances are required for lot area or lot width. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0-75 ’14,727 s.f.924 s.f (6.3%) none (0%) 924 s.f (6.3%) yes 75-250'22,695 s.f To Be Removed 5,673 s.f (25%) 6,530 s.f (28.7%) yes 250-500'5,748 s.f To Be Removed 1724.4’ (30%) 1,907 s.f yes 500-1000’0 0 0 (35%) 0 none 0=1^ The property contains a boathouse and steps in tlie 0-75' setback. The boathouse would remain on the property upon completion of a new residence. Any approval of a site plan on the property would create a legal structure, therefore a variance should be approved to allow the hardcover to remain. The Code would not allow the boathouse to remain on the propert>‘ following removal U242S Terrance Maurer on behaff of David and Christine Uardten 2515 Kelly .-I venue I ’ariances 1 0/1 9/98 Page 3 i of the principal residence. A variance would have to be approved to allow the structure to remain on the property without a principal structure. The zoning code does allow a stairway to access the lake. This hardcover is legal. •All hardcover in this setback would be removed and replaced at the time of new construction. The applicant has proposed 6,530 s.f. (28.7%) of hardcover. The City allows 25% in the setback. This would require a variance to allow the increased hardcover. The applicant has stated the pie shape of the lot is restrictive as the lot width at the 75' setback is 180' and the lot width at the 250' setback is 82'. 250-500' The existing lot is well over 50% hardcover. The existing detached garage (proposed to be removed) and driveway is located over this portion of the lot. The lot also wll contain a shared driveway used for access to the neighboring property. The request for 33.2% hardcover (1907 s.f.) seems reasonable due to the driveway being of minimum size to allow access to the applicant's property and the adjacent property. Structural Coverage Total Lot Size Total Structural Coverage Percentage 43,170 s.f.Existing: 4,151 s.f. Proposed: 4,712 s.f. 9.6% 10.9% The lot would not exceed the 15% allowed lot coverage. ANALYSIS Variance STATEMENT OF HARDSHIP The applicant's have included their statement of hardship in Exhibit A. The applicant should also be asked for their testimony regarding this issue. 1^2428 Terrance Maurer on behalf of David and Christine Hardien 2515 Kelly Avenue Variances in/1998 Page 4 Issues 1. 2. 3. 4. 5. 6. The property contains a boathouse that would remain on the property following removal of the existing residence. The proposal would meet required setbacks for the zoning district. Although the lot is undersized for the zoning district, it would not require a lot area variance for new construction. Properties under 1 acre ser\'iced with sanitary sewer are only required to meet 80% of the standard. The lot is pie shaped creating a hardship for lot area in the lakeshore hardcover setbacks The proposal would decrease overall hardcover on the lot from 10,110 s.f to 9,361 s.f. Two letters in support of the proposal have been submitted and are attached to this report. STAFF RECOMMENDATION Staff recommends approval of variances to allow the boathouse to remain on the property and for 924 s.f of hardcover in the 0-75' lakeshore setback. Staff recommends approval of a variance to allow 1,907 s.f (33.2%) hardcover in the 250- 500' lakeshore setback to allow a shared driveway to remain on the property. Staff recommends the applicant to reconfigure the house on the lot to conform with allowed hardcover of 25% in the 75-250' lakeshore setback. ^^42$ Terrance Maurer on behalf of David and Christine Hardten 2515 Kelly Avenue Variances 10 19 93 Page 5 i i Attachments A B C D E F G H I J K L Application Plat Map Location Map Site Topography Current Survey Proposed Survey Hardcover Calculation Worksheets Elevation Views Floor Plans Letters of Support Property Owners List Permit Record I I ( 02428 Terrance Maurer on behalf of David and Christine Hardten 2515 Kelly Avenue Variances 10/I9m Page 6 A 1• • Application # ^40,5^ 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 Afler-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddress Kpiiy Avpnnp Property Identification Number (PJ.D.’l 38 20-117-23 12 0038____________________ Attach legal description to application if not included on required survey. Date Property Acquired___________________________________________^(month/year) I (IK) (do not) also own the adjacent parcels of land.t W Present use of property: _presidential Zoning District: other (specify). APPLICANT Name ^ Address^D B -fts ci»:K Phone (home) n OWNER (if different than applicant) Name David R. Hardten______ Phone(wodc) Address: 2515 Kelly Avenue City: Phone (home) (612) 471 9543 Phone (work) (612) 336 5782 ______________Zip:_______ DESCRIPTION OF REQUEST Estimated Construction Cost $ $650/000.00 Describe request in detail: Remove existing house and replace with new hocne. (attach additional sheets if necessary) VARIANCES REQUI^D ^ Lot Area ___Lot \Wdth Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Couc requirements: tho nf maVpg itnpn«s.qihle to meet current hardcover requirements and maintain a home consistent with the rnrrpn^ npighhorhtyy^ (attach additional sheets if necessary) , , // , . / ,• . / ,, :;," /' .. , / / , , ,. ,, , / /. ,/ , , ,. // , . � ,, vionu *# • c* J > • *7 4 •’*• •# -V trk wr 3AV ^ . yj*- ^r -i"^- 'WW^-nj:\y. N*\*i ‘ V / • %>»H.-'foie^ ■' •^•■*vr ■o»r/» RONb •': jtOHNS -s:.-‘fouiT•.: \ \ V u / V..-: ••• - ..• -V'.'I./g 4 .V >*CKS0N AVI 0 RO / ^m ••%•• '.^ ■■« '♦•■'••.^. <• ^i V/i --:4 U3n iTlCtl *Wk ^XSNOUUltC o — I Spring \m. Park Pam )SE '• ;;) ISLAND /^SPRAY 24 C irou; MINNETONKA V * • ;• ••-"* - *f B^CH LT: Lafayet t • F ^ /i an I ‘ ■^•' *-•'-t i-.|>> J/ • - ■\ »,• • ' '4**' *♦* * •* ^ --A , r > I-. *' - * t *■ * ••4i • ..• i• •• •r . y\- ."■.'!* ^ I. • • • ■• ' ^ . *t- v-v..’.*.: .• *-4*% . .A •: i ■-*■'-r/ ' V - • • r' v »■' '•V'* r pcA V’^ *-A> ‘.NO Locke FoiiiV- •.X 938. I 938 .. X 937 7 ro V— O 'it (X V- V 5 v/l 00<r<rc _ v>~ X Ui J ^ j IL AN \N A A Scale r = 30’ IMPERVIOUS AREA - A LOT AREA • A.74a Sa FT. BmilANaUS AREA - 1.t07 Sa FT. lyPEH^MOUS SURFACE COURAGE • 312S IMPERVIOUS AREA - B LOT AREA -MPHR9Q- H HOUSE AREA • 31578 SO. FT. DECK AREA • 387 Sa FT BIUMMOUS AREA • ZM SO. FT. BOAT HOUSE AREA - 737 SO FT 90CWAUC AREA - 187 Sa FT. lyPCHMOUS SURFACE COVERAGE IMPERVIOUS AREA - C LOT AREA - 14,727 SO. FT BOAT HOUSE AREA - 737 Sa FT 90CIMLK AREA - 187 Sa FT. IMPERVIOUS SURFACE 001CRAGE - 8.331 LOT « 43,170 SQ. FT. TOTAL IMPERVIOUS AREA « 9,361 SQ. FT. IMPERVIOUS SURFACE COVERAGE - 21.6% _fau2_« LEGAL DeB CWPTIOt t TRACT C OF R.LS. NO. 1428, HTNNEPIN COUNTY, MINNESOTA. ADDRESS : 3515 KOIY AVEHUE ROIC GMCCmiG CoMfUNY. MC f./L.L- rmptma ra« GCOROE C MAURER CONST.Ir • I HARDCOVEj?p€4J-CULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) (o-7^75-250'250-500’500-1000' EXISTING HARDCOVER IN ZONE A.House X 0e»i* B.Garage C.Driveway D.Sidewalk E.Patio/Dcck F.Landscape Underlain By Plastic Or Fabric Lcofdi X X X X X X X X X X X X G.Other TOTAL HARDCOVER TN ZONE TOTAL PROPERTY AREA IN ZONE A -i- B PROPOSED HARDCOVER I 7QNE A.House X 5^ Mouse B.Garage C.Driveway D.Sidewalk E.Patio/Dcck F.Landscape Underlain By Plastic Or Fabric Leagtfi X X X X X X X X X X X X C.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A *B Wlddi rs7 xIOO Width 737 L8JZ , ^ 737 S.F. _________S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. /V727 S.F. <^.2.4/ S.F. % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ’S.F. S.F. S.F. S.F. S.F. S.F. S.F. xlOO A B 92 S.F. A /V 71.7 S.F. ® U, 3 HARDCOVER CALCUL. SETBACK ZONE: (CIRCLE ONE) 0-75’ RKSHEET 250-500’500-1000 ’ EXISTING HARDCOVER TN ZONE A. House _______________ Lesjth X X X B.Garage C.Driveway X D.Sidewalk X X E.Patio/Dcck X X F.Landscape Uaderlain By Plastic Or Fabric X X X G.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ B . PROPOSED HARDCOVER IN ZONE A. House _______________ Length X X X B.Garage C.Driveway D.Side'»;.x X X E.Patio X X F.Landscape Underlain By Plastic Or Fabric X X X G.Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____B . 3 Widdi S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. X 100 S.F. S.F. % •sgyfl S.E Width S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 3 rz S.F. S.F. S.F. S.F. S.F. S.F. A B xlQO A B « A •1*HARDCOVER CALCULATION WORK SETBACK ZONE: (CIRCLE ONE) 0-75’75-25u f 250-5 F.yrSTING HARDCOVER IN ZONE A.House ______X ■ _____________ 500-1000’ Leofth Widih B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic Or Fabric X X X X X X X X X X X X C.Ocher TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B PROPOSED HARDCOVER IN ZONE A. House _____________ Length B.Garage C.Driveway D.Sidewalk E.Patio/Deck F.Landscape Underlain By Plastic Or Fabric X X X X X X X X X X G.Other TOTAL HARDCO'/ER IN ZONE TOTAL PROPERTY AREA LN ZONE A _ _® . S.F S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ’s.F. S.F. S.F. S.F. (S 3 o? ; X 100 S.F. S.F. S.F. % Width S.F. S.F. S.F. S.F. S.F. / ^07 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. xlOO /9C7 S.F. S.F. A B A B rsiI GEORGE C. MAURER, CONST. 201 W. TRAVELERS TRAIL SUITE 15 BURNSVILLE, MN 553o/ (612)894-8904 FAX (612) 894 8891 4 Q /li o ^ // CM9 ✓ i y <7 C '<■* .1 ^____ "/l" r H (Nj h If 1.1 ■i?. o iif’ T rnt»- ^ UVlWt, H^fIV Dwtnt/ HC«nH -lE: np9T FT-tfVT- TW&ki" u>v\^ ./•I roI i *-ir ••• • • V^o ♦^rrCMf^TAJl^ or^co \:l^OAOit ^ “a: ( '«o» ■'I October 4, 1998 n Charles and Candice Nadler 2509 Kelly Avenue Excelsior, MN 55331 471-0275 UO u 7 W78 qV\'< OHONO City of Orono 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 473-7357(phonc) 473-0510(fax) Dear Michael Gaffron, Charles and I have reviewed the initial plans for the new home that Dr. David and Christine Hardten are planning at 2515 Kelly Avenue. We me writing to support the design plans that we reviewed for a lovely new home that will certainly enhcmce the property and our community of Orono. The Hardten’s have been very committed to keeping their property beautifully landscaped. This new home will certainly be full of lovely plants and trees that will preserve our lakeshore environment. I hope that in the future our commercial areas in Navcure will be held to the same type of standards for preserving our environment that the residents me. We need to raise the bar for new commercial development in our residential areas. We must develop the natural beauty of our incredible geographic location and enhance our community with mem of green grass, plemts, scrubs, and trees rather than condone retail centers of blacktopped blight. Please feel free to call us regmdmg any issues with the building of the Hmdten’s proposed plans at our home (471-0275) cr at my office (542-4853). Sincerely, UCHiuckand Candice Nadler City of Orono 2750 Kelley Parkway PO Box 66 ■Crystal Bay, MN 55323 Dear City Council Members and Members of the Planning Commission: We have become aware of the variances that David and Christine Hardten of 2515 Kelly Ave are requesting to make improvements to their property. We live two houses from them and are aware of the unusual shape of their lot, and the problems that this presents. We believe that the proposed plans would enhance the appearance of the property without negatively affecting the adjacent properties. We are in favor of the improvements that they have suggested. Sincerely, Ken & Rita Heimbach 2525 Kelly Avenue Excelsior, MN 55331 Cc: David R. Hardten RUN DATE 08/1A/08 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEMPROPERTY OWNERS LIST REPORT NO. PI<^35401PAGEATCH 503 PROP AOOR OWNER NAME TAXPAYER NAHE/ADDR 38 20-117-23 11 0022 02525 KELLY AVE K C HEIMBACH t R E HEIHBACH K 0 HEIMBACH ARE HEIMBACH 2525 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 11 0032 00038 ADDRESS UNASSICNED DAVID J DELANEY DAVID J DELANEY <«800 CASAMITA RD EXCELSIOR HN 55331 58 20-117-23 12 0037 02509 KELLY AVE etc NAOLER CHARLES t CANDICE NADLER 2509 KELLY AVE EXCELSIOR MN 55331 \ PROP ADDR OWNER NAME TAXPAYER NANE/ADDR 58 20-117-23 12 0038 02515 KELLY AVE DAVID R HARDTEN DAVID R HARDTEN 2515 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 12 0039 02523 KELLY AVE BRADLEY A HOYT BRADLEY A HOYT 253 LAKE ST E WAYZATA MN 55391 38 20-117-25 12 0096 02505 KELLY AVE BRADLEY A HOYT BRADLEY A HOYT 253 LAKE ST E WAYZATA MN 55391 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR TOTAL BATCH 503 00006 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. \ DATE e//7/9S„ ^ ^ Permit No. 3iil> .SMI PERMIT RECORD Date /a~j7'i~r ta -/g~ 7<^ ■P-'~79 7 c^5'/ SA^€’/^ Type of Permit COUNCIL ML5 WOV 9 1998 REQUEST FOR COUNCIL ACTION crrYcroRc>.o DATE: November 5. 1998 ITEM NO. Department Approval: Name Michael P. Gaffron Administrator Reviewed:Agenda Section: Zoning Title Senior Planning Coordinator Item Description: Navarre Cove / Kelly Cove Joint Use Docks - Proposed Relocation Zoning District: LR-IB Summary of Proposal: Tlie Kelly Cove Homeouner's Association ("KCHA") which is comprised of the northerly 4 units of the 6-mcmber Navarre Cove Homeowner's Association, proposes to locate a new 4-slip joint use dock to a location extending from Ouilot A, Kelly Cove. They would abandon their use of the existing 6-slip dock system extending from Outlet A, Navarre Cove, which is surrounded by Lot 3, Navarre Cove. The owner of Lot 3, Brad Hoyt, has now agreed in concept to limit Lot 3's dock usage to 2 slips, as w'as suggested by Council in its July 27 denial of the request. The Kelly Cove Homeowners have asked that their request be re-opened in light of the September 21 letter from Mr. Hoyt's attorney, Rick Sheridan. Austin Evans has provided a revised dock location and configuration plan. Sheridan has indicated he will provide a sketch to identify a dock layout and location for Lot 3. List of Exhibits A - Letter from Rick Sheridan September 21, 1998 B - Letter from Austin Evans September 28, 1998 C - Staff letters to Evans and Sheridan October 2, 1998 D - Revised Kelly Cove Dock Layout and Location E - Council Minutes of July 13 and July 27, 1998 F - Notice of Council Action August 4, 1998 G - New Public Hearing Notice and Mailing List H - Summary of Prior Documents Limiting Use of Site re: Docks 1 - Letters Received at/prior to July 27 Hearing J - Hoyt proposed 2-slip dock layout sketch (pending receipt) K - Memo and Exhibits of July 23, 1998 July 13 Council Discussion At the July 1 3 Council meeting. Council tabled this item but gave staft and applicants the following general direction; . * Kelly Cove Joint Dock Novembers, 19^8 Page 2 1, Owhl? ol Lot 3, Navarre Cove (Ho>1) must agree via covenant to a limit of two boats for a single family residence on Lot 3, and formally give up the rights to have a duplex on the property. Outlot A, Navarre Cove and Lot 3 must then be legally combined, and KCHA's interests in Outlot A and Lot 3 must be extinguished. 2.KCHA must agree via covenant to limit the new docks to no more than 4 slips of a size (width and length) no greater than the existing slips, and in a compact and defined location and configuration. 3.Staff to notify neighborhood for a public hearing. July 27 Council Action On July 27 Council held a public hearing at which a number of interests were heard from. Rick Sheridan represented Brad Hoyt. John Kupfer represented the Kelly Cove homeowners. Richard Edwards spoke on behalf of a group of 6 property owners surrounding the lagoon, who requested that the proposed dock be moved further east along the lagoon and closer to shore, which appeared acceptable to the Kelly Cove group. Please refer to the minutes of July 27 for more detail of the various topics discussed. Council again confirmed that it is the Council's intent to limit Kelly Cove.'Navarre Cove properties to a total of 6 slips, i.e. I slip for each of the 4 remaining duplexes, and 2 slips for the Hoyt property regardless whether it becomes a single family home or a duplex. After discussion regarding the 60-day window for City action on this request. Council voted 4*I to deny the request but allow the Kelly Cove homeowners to re-apply at no charge if Mr. Hoyt reaches a conclusion on how he will develop his property. Current Status of Proposal Austin Evans on behalf of the KCHA has submitted a dock plan with the following parameters: -Location centered approximately 20' east from the original proposal, in the same general configuration Total length from shore reduced from 56' to 48' Indl' idual slips have not changed from the initial proposal of 13' x 32’ Rick Sheridan on behalf of Brad Hoyt has made the follow ing points in his letter: His analysis of the background on how ’ the current dock system came about, is that the issue was totally driven by presersation of wetlands. Since the wetlands in question no longer exist, the reason for the common dock scheme is no longer present. -The documents creating the current dock scheme appai ently were not recorded Kells Cove Joint Dock Nov ember 5, 1998 Page 3 acainst Lot 3. Regardless of the above, Hoyt will agree to restrict the use of Lot 3 to 2 slips. Issues that staff sees as unresolved as of this writing; Will the proposed dock layout alleviate concerns of the other users of the lagoon? How will Hoyt's dock be located/configured? (sketch pending) Will Ho>'t ’s property become a single family site or a duplex site? Does this matter, given his agreement to limit Lot 3 to just 2 slips? -WTiat should become of the wetland easement, if anything? Compliance with City Code Standards As noted in the June 17 memo, the proposed 4-slip joint use dock meets the standards established for such uses in Municipal Code Section 5.42, i.e. it results in no more than 1 boat slip per 50' of shoreline as measured in a straight line (approximately 220'), and does not require additional parking or new hardcover. Further, there will be no negative impacts on the adjacent land area which, although covered under a wetland easement since 1979, does not have the characteristics of a wetland. Lot 3 would have a defined width of approximately 150 ’ once Outlot A, Navarre Cove is combined with it. This would also meet the l-slip-per-50' stanaard for a 2-slip dock. Staff Recommendation If it is concluded that the location and configuration of Hoyt's proposed dock will not create any new impa cts on boat traffic in the lagoon, and if Council and the surrounding affected lagoon users conclude that the proposed KCHA dock layout and location will not impede lagoon traffic, staff would recommend approval of a separate 4-slip dock system for KCHA and a 2 slip dock for Lot 3, regardless whether Lot 3 becomes a duplex or single-family site. Such approval should be subject to appropriate legal documentation, likely including (but not limited to): Issuance of a joint use dock license to KCHA, including a resolution defining the basis for approval; Modification of the Conserv ation and Flowage Easement to allow dock construction; Amendment of the conditions of City approvals for the plats ot Navarre Cove and Kelly Cove if City Aitorney deems necessary; -Appropriate documentation separating KCHA from Navarre Cove Association, including removal of easement over Lot 3 and Outlot A. Navarre Cove; Legal combination of Outlot A and Lot 3, Covenants to be executed by Hoyt limiting Lot 3 to 2 slips; KCHA to e.xecute covenants agreeing to no more than 4 slips. Kelly Cove Joint Dock Novembers, 1998 Page 4 COUNCIL ACTION REQUESTED: 1. 2. 3. Receive public comments at the public hearing. Reach a conclusion on whether and under what conditions a joint use dock license should be issued to Kelly Cove Homeowners Associati jn. Direct staff to draft appropriate resolution for adoption. ■nKelly Cove Joint Dock Novembers, 1998 Page 4 COUNCIL ACTION REQUESTED: 1. 2. Receive public comments at the public hearing. Reach a conclusion on whether and under what conditions a joint use dock license should be issued to Kelly Cove Homeowners Associatior. 3.Direct staff to draft appropriate resolution for adoption. CONTINENTAL r r ; * : ' (*i u ? . I n v . fC', ^: f ■ . -> -r N,-v>^* * -1* A “ '••%: • .^'i>-■ ■’•'•Vt r* a •' -' '■; i'~ v*.-if/? It ' A'-;- \■ ■:S S^‘*- :a- •■-^ ,■>■•'■' ••’ i ... .'■■ ■ '4^ J *• A "s' • % -.- ;r 5;,x * i* ■/'< '^','1 ;:> ^ ■ ■! 'i'T- ' .:Sn;;6IZ-473-1700 .800-551-4698 ^ -'V> •-'■ 612-47J-2700 Fax f K\4i.4 .L J. -V September 21, 1998 Mr. Mike Griffin City of Orono P.O. Bo.x 55 Ciystal Bay, Minnesota 5532.3-OOOC Re; Kelly Cove/Navarre Cove Dc Dear Mr Griffin’ This letter concerns the niim 1.Navarre Cove. 2503-2505 Kelly ^ As you are aware, the ownei adjacent Kelly Cove subdivision rec' for the installation of a dock .system property. This would allow the rcni place pursuant to \ ariou.s prior appr would be the elimination of the Out the shoreline abutting l-ot 3, Block The proposal was discussed Mayor concerning the amount ofbL properly without any restrictions. < to four watercraft could be docked family residence and all watercraft ’ Mavor insisted on a restriction of t\ We have reviewed the docu |)ioperiy and the current common i the documents that the primary co protection of wetlands located clos The wetlands issue is no loi Kelly Cove had no impact on any v when the original Kelly Cove plat' Therefoic. the reason for the comr The wetland is no longer ai cm rent common dock scheme w ei this, Mr Hoyt is willing to agree t< This comnromisc should alleviate ; the Mavor. and allo\. for a resolut 253 Ejsi Lake Street, Wayzata, .Minnesota 5. COXTIXEXTAL f • • : * T \ (‘i ' L r . I r w .m- ^ #'’ • V* . a' •i ^•^Y:T^-.>•;. .tf.?,- ■.'• <•: • ••t. C-, »4- •-•* '.k V r* J ' • ^ . V ^ . ' • » ,• i •- V " : / ' - <\ 3 if 4 'W;:it #v ■ '■•■V --i r‘^:; -t-. ■• ^• .V-- -v'l' >.p '>i '. 4' ‘^‘’^v<*. •*• • '.'• •■« 7-•• 'V ■■ ■• ''• t v.; A >'. 1 K-.V- 4 -'■ •v X -?’* ' • Wr.. ’ y:^« V ;4."" . ." ,V >- V r r' .> ' •>‘:xi 4,*/* *•.*••« •'•.A-••,-•-'V •yt' :-■■’? , >.;■' ■..•: 'X * ' C * • >■ i' ■'-'f:■-■ •7'f :^J:^612-*73-170p '/i -;4 ^00-55 M698 ‘ ’612U7i-2?06*^Fax \' .1 ■^'1 -•'it >r /I September 21, 1998 Mr. Mike Griflln City ol Oroiio P.O Box 55 Crystal Bay, Minnesota 55323-0006 Re: Kellv Cove/Navarre Cove Docks Dear Mr Griflln riiis letter concerns the number ofdocks allowed at Lot 3. Block I, Navarre Cove. 2503-2505 Kelly Avei-ue As you are aware, the owners of the property located in the adjacent Kelly Cove subdivision recently applied to the City for a permit tor the installation of a dock system on the shoreline abutting their property. This w ould allow the removal of the current system that is in place pursuant to v arious prior approv als for this property The end result would bt the elimination of the Outlot A common property and sole use of the shoreline abutting Lot 3, Block I by that owner. The proposal was discussed by the Council with objection from the Mayer concerning the amount of boats that could be docked at the Lot 3 property without any restrictions Correctly, the Mayor observed that up to four watercraft could be docked at that property if used as a single family residence and all watercraft were registered to the owner. The Mayor insisted on a restriction of tw o watercraft on Lot 3. We have reviewed the documents that create the histoiy of this property and the current common propcrty/dock system It is clear from the documents that the primary concern and reason for the system was the protection of wetlands located close to tire Kelly Cove property. The wetlands issue is no longer relevant, as the application by Kelly Cove had no impact on any wetlands, and the wetland that existed when the original Kelly Cove plat was filed are no longer present Therefoie. the reason for the common dock scheme is no longer present. The wetland is no longer an issue The documents creating the current common dock scheme weie never recorded against Lot 3 Despite this, Mr, Hoyt is willing to agree to restncl the use of l otto two slips 1 his compromise .should alleviate any concerns that have been raised by the Mavor. and allo.\ for a resolution to this issue 253 East Lake Street, V<‘avzata, Minnesota 55391 ..;‘' / I ( \ Mr. Mike GrifTin September 21, 1998 Page 2 Please contact us with the City’s position. If this is acceptable a new application ^e submitted by the Kelly Cove Homeowners Association Vej^ tc£!y ;^urs, /Jv . 4' ick J. Sheridan c: Mr. Austin Evans, Kelly Cove Homeowners Assn. 'E KELLY COVE HOMEOWNERS ASSOCIATION 2497 Kelly Avenue Excelsior, MN 55331, USA Telephone (612)471-1170 Fax (612) 471 -1184 RECEVED 3FP 2 9 1998 CITY OF 0.’=0i\'0 September 28, 1998 Mr. Michael P. Gaffron Senior Planning Coerdinator City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 Dear Nfr. Gaffron: Re: Joint Use Dock License Application Dated June 11,1998 Further to our telephone conversation of last week would you please reopen the above application based on Mr. Brad. Hoyt's agreement to restrict the use of Lot 3 to two slips contained in his counsel's letter dated September 21, 1998. I look forward to hearing from you. Yours sincerely, Austin H. Evans President cc: Mr. Rick J. Sheridan, Counsel to Mr. Brad. Hoyt c-I (O o ,\w CITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 5535S Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 October 2, 1998 Austin Evans, President Kelly Cove Homeowners Association 2497 Kelly Avenue Excelsior, MN 55331 Dear Mr. Evans: The City is in receipt of your request to re-open the Kelly Cove Homeowners Association joint use dock license application. We are also in receipt of a letter from Rick J. Sheridan dated September 21,1998 which indicates that Brad Hoyt is willing to agree to restrict the use of Lot 3 to t^^'o slips. Enclosed is a copy of the July 27,1998 Council minutes which document discussion of a few related issues that need to be addressed when the review is re-opened. These specifically include the location and layout of the new joint dock as well as the dock serving Lot 3; and a mechanism for controlling the number of docks (revisions to CUP? new covenants?). Staff is prepared to place your application back on an upcoming Council agenda, but I think it would be prudent if we could meet to discuss the above-noted issues prior to committing to a specific meeting date. My intent would be to re-notify the neighborhood, so the earliest Council meeting at which this would be considered is October 26. Please call me to set a time to meet. Sincerely, // / Michael P. Gaffron Senior Planning Coordinator end. cc: Rick Sheridan Ron Moorse, City Administrator Telephone (612) 473-7357 • FAX 473-0510 f 1 c-a. GlTYof ORONO Municipal Offices Street Address: 2750 Kelley ParVway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 October 2,1998 Rick J. Sheridan Continental Property Group, Inc. 253 East Lake Street Wayzata, MN 55391 Re; Kelly Cove/Navarre Cove Docks Dear Mr. Sheridan: Thank you for your letter of September 21. Mr. Evans has submitted a request that the Kelly Cove joint use dock application be re-opened in light of Mr. Hoyt's agreeing to limit the Lot 3 dock to two slips. This will likely be placed on the October 26 Council agenda. I will keep you informed if the date changes and will send you copies of any staff reports or additional information generated for that meeting. Please contact me ct 473-7357 if you have any questions. Sincerely, / Michael P. Gaffron Senior Planning Coordinator end. cc: Austin Evans Ron Moorse, City Administrator Telephone (612) 473-7357 • FAX 4734)510 /o•/> 7 A ^ CLo\ftS S'SOC //hT / OaJ /^kV/Sf?Jb /L./9-y ouT Pi^PfN S.t’Z^ o F ^<dq/c£ . rt . u . o. (p MO 1^ W. i>-2 ' 4 r^t il. L- (? ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 (#9) KELLY COVE HOMEOWNERS ASSOCIATION - JOINT USE DOCK LICENSE Austin Evans of 2497 Kelly Avenue and John Kupfer of 2503 Kelly Avenue were present for this application. Gaffron reported that since about 1979 the Navarre Cove Homeowners Association, which is comprised of six twinhome units, has shared docks located on Outlot A of the Subdivision of Navarre Cove. There is a total of six slips on three docks, which have been approved since 1979. Recently the City Council approved the demolition of the duplex at 2505/2507 Kelly Avenue, which would c<' iinue to use their docks on Outlot A. The property owner is attempting to sell this lot as a single ..;mily lot. If successful, the joint dock for the other 4 duplex units could be relocated to the conunons outlot. Then Outlot A could become legally combined with Lot 3 of Navarre Cove and become a single family dock system. The four units of duplexes are then totally separated from the single family residence. This proposal would be to put in a four slip dock system on Outlot A, Kelly Cove. Gaffron stated he had talked with the LMCD and they have no objections. Outlot A, Kelly Cove has in excess of200' along the shoreline which would allow 4 slips, when the standard is 50' p)er slip. Staff recommends approval to allow the conversion of a six umt joint use dock to a four unit joint use dock design, and to approve the location as proposed on Outlot A, Kelly Cove, along with some Code options. The jornt use dock license standards allow' Council to call a public hearing if Council feels it is appropriate, especially if Council feels there is a possible negative impact on the lagoon. The property owners have talked with neighbors. In staffs opinion, the proposed dock location will have little, if any, impact on the use of the lagoon. Staff requested further direction from Council to draft the appropriate resolution. Evans stated that this area was originally platted with a wetland easement, but is not wetlands, Mayor Jabbour voiced his fhistration at being asked to change the Zoning Code to accommodate the duplex at 2505/2507 Kelly Avenue, and now single family residential is being considered. Jabbour noted there are restrictions on the size and location of boats in the outlot. Mayor Jabbour suggested staff work within the parameters of the outlot and transfer the covenant to Outlot A, Kelly Cove. He also suggested a development agreement with the owner of 2505/2507 Kelly Avenue (Mr. Ho)!) that would indicate no further duplex rights w’ould be allowed, with the property to be used as single family residential. Evans stated that he was present to apply for four dock uses on Outlot A, Kelly Cove and felt it unfortunate that Mr. Hoyt was not in attendance to represent his own issues. •I ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 (U9) Kelly Cove Homeowners Association - Joint Use Dock License - continued Mayor Jabbour stated he remembered Dan Lindsey and former Mayor Brad VanNest having a lengthy argument over limiting the amount of activity in the lagoon. Kelley questioned if there is a covenant that limits the number and the size of boats. Mayor Jabbour replied that there is a covenant on the Outlet A, Navarre Cove that limits the number of boats, and the boat size is limited by setbacks. For the fust 50’, a 10 ’ setback is requued from each side. Mayor Jabbour questioned the size of Outlet A, Navarre Cove. Gaffron replied that it is exactly 80' in width. Mayor Jabbour stated that 6 boats could be located within 40’ if you go 100 ’ out from the property. Kelley questioned why the Kelly Cove owners couldn't apply to the LMCD for a private dock oii their outlet. Mayor Jabbour replied they could, and tlie LMCD could issue a dock license wimou coming to the City Council. Mayor Jabbour felt that the duplex properties had an agreement with the City that all activities would happen within Outlet A, Navarre Cove. Gaffron agreed with Mayor Jabbour regarding the activities, but was unaware of a covenant. Mayor Jabbour questioned why the outlet did not go all the way to the comer. Gaffron responded that only 10 ’ from the side is required since they are not going to be out 100 . Kelley questioned if there is an easement to Outlet A, Navarre Cove. He also questioned is the resolution creating Outlot A, Kelly Cove prohibited direct access to the lake. Gaffron concurred with Kelley that all six units are required to use the docks on Outlot A, Navarre Cove. He felt the City had the right, as part of the licensing, to limit the boat slip dimensions. Kelley inquired how many boats were currently in the lagoon, and why the City would want to limit the boat size. Kelley suggested the City abandon Outlot A, Navarre Cove and combine it with Lot 3, N^v^® Cove so that a single family home could be built there. Then an outlot could be created on K y Cove with limitations. Mayor Jabbour stated that Outlot A, Kelly Cove already existed. i# ORONO CITY COUNCIL MEETING >UNUTES FOR JULY 13,1998 (U9) Kelly Cove Homeowners Association - Joint Use Dock License - continued Evans explained that there are four pads on Outlet A, Kelly Cove on which the homeowners are applying for a dock permit. Mayor Jabbour felt the City should have a development agreement with the owner of Lot 3, Navarre Cove stating that he will abandon the duplex use of the lot. He also suggested limiting the use to two boats even though he has the right to four boats on the lagoon. He suggested allowing the transfer of the four slips from Outlot A, Navarre Cove to Outlot A, Kelly Cove, providing they will never exceed four. Kelley questioned why Mayor Jabbour felt the owner of2474 Carman Road, on the other side of the lagoon, should be allowed four docks. Mayor Jabbour responded that the property has more access on the lakeside than the lagoon side. Goetten a.^ked if Lot 1, Navarre Cove had 200 ’ of lakeshore if four boats would be allowed. Gaffron replied tiiere was 120-130' of shoreline. Because of LMCD rules. Lot 1, Navarre Cove is a conforming lot. Kelley questioned why the City could limit one homeowner and not another in the lagoon. Mayor Jabbour replied that only six very small boats are allowed as part of the subdivision that was done with a former Council. Mayor Jabbour felt that Van Nest wanted to keep the lagoon undisturbed as a unique habitat. Kelley questioned again why the City wouldn’t limit the other homeowners in the lagoon as well. Mayor Jabbour replied because the other homeowners are not asking for anything. People are renting slips all over the lake, and Van Nest was afraid with the duplexes that they would become rented out. The LMCD allows rental of docks, but the Orono Code does not allow dock rental. An oN'Tier could have up to two boats belonging to anyone, and up to four boats provided they are recistered to the owner. Goetten questioned the width of the lagoon. Gaffron replied that the lagoon was 50 or 60 at the widest pan. Mayor Jabbour questioned the width of Outlot A, Kelly Cove. Gaffron stated it is roughly 205 . Kelly felt that the City needs to contact the owner of 2505/2507 Kelly Avenue. Kelley didn t think a public hearing was necessary, but felt the owners in the lagoon n 'eded to be notified, to be given an option to speak before any changes were made. i 4 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 13,1998 (U9) Kelly Cove Homeowners Association - Joint Use Dock License - continued Mayor Jabbour asked for some consensus before a public hearing would be called. He asked if the possibility of a duplex on Lot 3, Navarre Cove be eliminated. Kelley added that Outlot A, Navarre Cove should also be combined with Lot 3. Mayor Jabbour asked Evans if he could obtain an agreement from the owner of Lot 3, Navarre Cove, to surrender his right to have a duplex and to combine the outlot with Lot 3. Evans replied he has a verbal agreement in which Outlot A would be extinguished, conditioned upon obtaining four dock slips on Outlot A, Kelly Cove. Kelly moved, Goetten seconded, to table Joint Use Dock Relocation for Navarre Cove until staff has further discussions with the current owner of Lot 3, Navarre Cove. Vote: 5 Ayes, 0 Nays. Goetten questioned if the City needed to hold a public hearing. Barrett replied that it was at the Council's discretion, and it is a policy question not a statute. Mayor Jabbour concurred that there should be a public hearing, and th' neighborhood should be notified. Kelley stated to the applicants that he was in favor of moving their docks but would like to see Outlot A, Navarre Cove combined with Lot 3, Navarre Cove, and any easement they currently have on Lot 3 be erased. Mayor Jabbour asked who reported to staff that Lot 3 was going to be single family residential. Gaffron replied that he had been told it is being marketed as a single family lot, but has not confirmed the information. Flint asked Mayor Jabbour how a motion could be made to limit the size and number of boats on Outlot A, Kelly Cove if the docks were moved. Kelley replied that because it is a homeowners association, the City may be able to put some stipulations on it. MAYOR/COUNCIL REPORT Mayor Jabbour reported on meetings with Fairview Covenant Church and Hennepin Parks regarding Big Island. Hennepin Parks has been in contact with the American Veterans regarding a joint use of the Veterans Park on Big Island and will include Orouo in their meetings. 8 ^-2 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (U6) U2368 KIRK OTTESON, 710 NOR TH ARM DRIVE - VARIANCES - RESOL UTION NO. 4127 - continued Kelley moved, Goetten seconded, to adopt Resolution No. 4127 granting top of bluff, average lakeshorc setback and hardcover variances to allow a second story 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 owners 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 umt, 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 wetla-d 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 (U3) KELL Y CO VE JOINT USE DOCK LICENSE - SCHED ULED PUBLIC HEARING 7:30 P.M. - 8:58 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 in 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 setback is met. Although Orono does not allow dock rental, it is extremely difficult to enforce. The LMCD requires a conditional use pennit 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 various dock systems. Jabbour questioned the size of boats that use the lagoon. Kupfer responded that the largest boat is 30-32' in length and 12-13' in width. The present dock system for the KCHA is 44' long with 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 Ho>i (owner of Lot 3) commented that an agreement between Ho)! 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 (U3) 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 Ln 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 penmt. 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. Ho>l. 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 ^vould not be desirable. Jabbour felt that Hoyts 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 tne 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 w’etlands 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 (fi3) KELL Y COVE 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 cond;' •of the resolution approving the plat of Navarre Cove in 1979 states "creation of an area desigii-;cd 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 k., 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. ORONO CITY COUNCIL MEETING NHNUTES FOR JULY 27,1998 (#3) KELL Y COVE JOINT USE DOCK LICENSE - SCHEDULED PUBLIC HEARING 7:30 P.M. - 8:58 P.M. - continued Goetten indicated she would deny the current proposal, but would be open to some type of agreement that would limit the total number of boats to 6. She also questioned how Lot 3 was to be developed. Jabbour responded that if Lot 3 was developed as a single family residence, the LMCD would allow 4 slips without City approval. Sheridan noted that Hoyt took dowTi an unsightly structure and removed an oil tank from the City's right-of-way. Jabbour suggested tabling the application until the plans for Lot 3 have been determined. Sheridan asked if the Council was waiting for a proposal from Mr. Hoyt. Jabbour responder’ that he would like to see a comprehensive plan for the property; including the number of boats and the mechanism that would be used to control that number, the location of docks for Lot 3 and the dock location for the duplex units. Sheridan stated that Mr. Hoyt would not come to the City and restrict his rights from what he is legally allowed to do on the property. Jabbour responded that the City had no intention to take away any rights. Goetten questioned the 60 day rule. Gaffron responded that the application was not a zoning application but a license application under Chapter 5 of the City Code. Barrett stated that a reading of the subdivision and conditional use permit conditions \sould be considered zoning issues. Since the license application is not requesting any changes to the subdivision or conditional use permit. Council could deny the license if it found the application inconsistent with the plat and conditional use permit. Council could also extend the time. Barrett commented that the decision to e.xtend the time on the application would be made by the Kelly Cove Homeowner’s Association and not Sheridan. Kelley indicated he would prefer to reaffirm the resolution of 1979. Barrett suggested a denial resolution be drafted if Council decided to deny the application. He did not think the application was governed by the 60 day rule as it is not a zoning application. It appears the 60 days would be met if the application were considered at the August 10 meeting if this did become an issue. — ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (»3) KELL YCOVE JOINT USE DOCK LICENSE - SCHEDULED PUBLIC HEARING 7:30 P.M. - 8:5S P.M. - continued Jabbour reiterated that any gains previous Councils have made are to be maintained by the current Council. V Flint commented that he did not see 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 the 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. pr CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 NOTICE OF COUNCIL ACTION Date of Notice: August 4,1998 TO:Kelly Cove Homeowners Assoc c/o Austin Evans 2497 Kelly Avenue Excelsior, MN 55331 COPIES: Brad Hoyt Continental Property Group 253 East Lake Street Wayzata, MN 55391 Todd Jones 601 Carlson Pkwy., Suite 350 Minnetonka, MN 55305 TYPE OF APPLICATION: Joint Use Dock License DATE OF MEETING: July 27,1998 VOTE: 4 FOR 1 AGAINST COUNCIL ACTION - MOTION: Denial of the proposed joint use dock license for Kelly Cove Homeowners Association, based on the following: 1.The conditions of subdivision and and the conditional use permit which were granted which were granted to the landowners at Kelly Cove and Navarre Cove specifically provide for the configuration of the docks on these properties. These conditions are still in effect and the requested Joint Use Dock License conflicts with them. 2.The proposed license revision requires the involvement of the owner of Lot 3, Navarre Cove, whose involvement has not yet been confirmed. Council considered the constructive comments of the neighboring property owners and users of the lagoon, and Council indicated that the dock design and location changes proposed by them may be appropriate if the application proceeds further. Council noted that the Kelly Cove Homeowners Association could make a new application at no charge if a comprehensive proposal involving Kelly Cove and Lot 3 & Outlot A of Navarre Cove is presented. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. ; 20-117-23 12 0027 Ward E. Edwards 2474 Carman Street Wayzata, MN 55391 20-117-23 12 0030 20-117-23 12 0028 Richard A. Edwards 2480 Carman Street .'/ayzata, MN 55391 20-117-23 12 0037 Charles & Candice Nadler 2509 Kelly Avenue Excelsior, MN 55331 20-117-23 12 0033 David R. Hardten 2515 Kelly Avenue Excelsior, MN 55331 20-117-23 12 0039 Bradley A. Hoyt 2523 Kelly Avenue Excelsior, MN 55331 20-117-23 12 0040 Bradley A. Hoyt 13400 15th Ave. N. Suite F Plymouth, MN 55441 20-117-23 12 0047 Navane Cove Homeowners Association 2499 Kelly Avenue Excelsior, MN 55331 20-117-23 12 0048 20-117-23 12 0061 (CITY OF ORONO) 20-117-23 12 0031 Austin & Diane Evans 2497 Kelly Avenue Excelsior, MN 55331 20-117-23 12 0032 Sylvia A. Bertagnoli 2499 Kelly Avenue Excelsior, MN 55331 20-117-23 120053 20-117-23 120054 Todd Jones 3555 Co. Rd. No. 44 Minnetonka, MN 55364 20-117-23 12 0033 Kelly Cove Homeowners Association do Kim Goebel 100 S. 5th St Suite 2500 Miimeapolis, MN 55402- j kJ 20-117-23 12 0056.'C057/0062 Edward T. Lehman 4501 Shoreline Drive #232 Spring Park, MN 55384 20-117-23 12 0058 Anthony Laselle & Charlotte Addison-Laselle 2440 Carman Street Wayzata, MN 55391 20-117-23 12 0059 R.C. Kuncio &. S.E. Raleigh 2450 Carman Street Wayzata, MN 55391 20-117-23 12 0060 Thomas A. Lind 2470 Carman Street Wayzata, MN 55391 Rick Sheridan Continental Property Croup, Inc. 253 East Lake Street Wayzata, MN 55391 CITY OF ORONO 2750 Kelley Parlovay, P.O. Box 66 Cnstal Bay, MN 55323 Phone (612)473-735'? Fax 473-0510 NOTICE PUBLIC HEARING ON KELLY COVE JOINT USE DOCK The Orono City Council will hold a public hearing in the Council Chambers at 2780 Kelley Parkway on Monday, November 9,1998 on the matter of a revised joint use dock license application by the Kelly Cove Homeovsners Association to allow construction of a new 4-slip joint use dock extending from Outlot A, Kelly Cove. The properties to be served by said dock include 2497-2499-2501-2503 Kelly Avenue. This is a revised application, which responds to a number of concerns the City Council expressed during their review at the July 27 public hearing. The meeting starts at 7:00 p.m. All persons wishing to be heard will appear at this time. Written comments are solicited. A map of the revised dock site and revised layout are attached. If you hav\ questions, please contact Mike Gaffron at 473-7357. Summary of City Approval Documents Affecting Kelly Cove/Navarre Cove Docks Council minutes 10-11-77; Original CUP granted for duplex use (no resolution adopted); defers any conclusions regarding dock rights to the joint use dock licensing process. Resolution No. 892: The initial joint use dock license issued 3-30-78. Acknowledges 10-11-77 CUP for 3 duplex buildings (6 units) -Notes 400 l.f. of shoreline -Limits site to six boats moored on property, on 3 docks each 5'6" wide x 25' deep. -Installing more than one dock will be subject to annual Joint Use Dock License Approval subject to other agencies' approval, including LMCD and DNR License does not vest any permanent rights for multiple dockage or moorage Resolution No. 1058: Approving plat of NdVi-rre Cove, adopted 8-14-79. -Acknowledges dedication of wetland easement Acknowledges platting of joint use dock area Outlot A which is to be owned and maintained by homeowners association of Lots 1-2-3. Use of Outlot A subject to annual license, limited to six boats, one per dwelling unit. Quit-claim deeding to City the lagoon area, Outlot B Acknowledging creation of walkway easements over Lots 2 and 3 in favor of Lots 1 and 2. -..1621-' Arpeoving plat of Kelly Cove, adopted 4-23-84. Acknowledging creation of private covenants to assure continued upkeep and maintenance of shared improvements in Outlot A Condition 2: Outlot A of Kelly Cove (commons) may never have docks constructed on its shoreline. Condition 3: All conditions of Resol. No. 1058 shall continue in effect including ■vve'iland casement, walking easements, and use of Outlot A Navarre Cove for joint v ’se' docks. r-1 I-. I JUL 2 7 199r^) Cl rv Or c?,cr;o X- ■w. Mr. Ward E. Edwards (JiLCHA^^ P- (SAf^Ffi^M S'gIV/tfO/L pc/^ A/A/CDOAi)AfMT<S/l ctT^ OP Of^f^6 encus^ ls fi&camM^OArcaAj^ ct^/)^0/A;« TT/er P fopo ^^w LIC^S^ APPOCATK^AJ pci£A*-^^^ nt'i ^ COPl^ HOJ^^OLVA/^ AP-PO<^AnSA/ FOR COAi^FAUCTi6AjOt~ A/^U j i4~ Sl^p JO/AsT tlS/^ Docjp g')t74M//0A>l/<S ^ATTO Ti'i^ cAeOOAJ. S'lX P^AS ita;J Luchin OffCJ<S' oat pPH PASCAL. f^iPcOMM^OAVSYP P^IP 1pis/l&~ IS ATO PSAHOA/FOR 'TA&' OOPl'^ ^KimjJ) S6' ihTO TH^ cAS ooa/. IXMLL mTS' THAT TM^ DS~P tH IMA t^ DO^ AJtT (LHAArG<^ ■ FIROM TH-i' ^NORAT. 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TIJ^ pdof63^ Dffcjc^Or/I/S7«- (0> ^ ^A^/U'(3^Ar^ TfV6T i?^Jc/< oor^£g<' /att ^ CVca^ OHf^^cAjQ lS MOT /T OFP SY Y'7'' /// JW<3<U//-/U^ ’^^‘^r^,i/;s7D L^Mns ^/)c^ ^>QfL eaATlf.M, c, AI^D s-^ 3>A/iff 'THAT £>acK tAJ ■I'^e- LA&ooAT. ^,^,.„p.phche rufo FOR- a^cdM^mcATidMS ’. 'Ttw ■ 0 fnc 60 OUT dT/l/^V(V ) tH€'PA-OP0'.i#^) DOCK TT-iAr TH<? "EoAT OoC/< S TKLUC TUKJ?’i STAfi-T A t (O' PXIOM T-H^f^OST ^CD'. TO at TZ-Jf^ OPC-R Bir A/U(TA/6><?. 25"' TO T'HG' OTT-C tOUjAAT? t)cLsyr/AfG DOCKS') to / e»l- rHS CaRV'6' /A^ TTWi^ LA£00/U TNlS (Xf/OO ?flCVlD&-fUlCTM P^A. (AT pA^iJUT (3P pAOP^JJ^ OOCfC. O) s^a£Aior&-d fiv: SDLUAKOS>OAAAiA/^ v//-7/5y £)ICP. ^OOUAR-OS> '7W/^l^/u^ pV70 \ ‘ 07/i;7/lsi3 13:27 4734543 SUPERIOR STOPA-r-E PaOE 02 I'3 TODD C. JONES 3555 COUNTY ROAD 44 MINNETR1STA,MN553B4 612-472-1218 July 27. 1998 Mayor Jabbour and City Council Members City of Orono 2750 Kelly Parkway Orono, MN 55356 RE: Kelly Cove Homeowners Association of Orono Joint Use Dock License Application Mayor Jabbour and City Council Members, I am the fee owner of 2501 Kelly Avenue and contract for deed vendor for 2503 Kelly theTefore, a member of the Kelly Cove Homeowners Association. I am pioviding my comm on the above mentioned dock license application as a member only. Wi'.h respect to the application for a joint use dock license application, I offer the following comments in support of granting the license. Location of Dock/Navigation Issues: The proposed location and docks creates a wider navigation channel within the lagoon. The cumen , malniins approximately 94’ in clearance while the proposed dock PfO''>des for approximately 105* of clearance (please see attached sketch). To jg the narrows bridge channel, according to the LMCD. is approximately 75 in width. This Is clearly a positive Impact. Impact on Most Effected Neighbor The proposed dock location and ^^(TwoSd locates the docks further away from the property and actual 'dwellings ^ gtreei and consider the two moet effected neighbors. (Richard Edwards ° Charles and Candice Nadler, 2509 Kelly Avenue). The Nad ers in you in support of the dock application as submitted. This is clearly a positive impac . Smaller Docks*. The current docks are permitted by the City f ^^^hf docks ^ 44’ In length v/ith sufficient beam to accommodate the largest of boats _ The docks a proposed are 32' In length and 13’ in width. This Is dearly a positive impact. 1. 2. 07/27/1933 13:27 4734543 SUPERIOR STOPi^'3E PAOE • 05 Mayor Jabbour and City Council Members City of Orono July 27.1998 Page 2 4 Compliance with Ordinances: According to Nancy with the LMCD, due to boat storage units being proposed (four), no action or permits are The dock application, as proposed, exceeds all minimum standards established y City of Orono municipal code (Section 5.42) and other criteria including. (a)Exceeds the requirement for 1 boat per 50’ (b)No additional hardcover (c)No additional parking required The application appears to be confirming In all aspects. No variances “3®. required. The application is consistent with the city's comprehensive plan (CMP 4-13, item ■5). This is not a precedent setting issue. s Aesthetii^s: The current wood docks (in poor condition) would be rej^aced with new, well- orqanized Crepeau type docks. For the first time, 75% of the Kelly Cove ®^® owner occupied with the final unit currently for sale. Therefore, more than ever, pride of ownership exists at the Kelly Cove Townhomes. This is clearly a positive impact. 6 The current application is by the Kelly Cove Homeowners Association, consisting of 4 illmberrnoT by .he owner of Lo. 3 Navare Cove (Hoy.) I believe .hie be reviewed and approved based solely on the merits of the application Kelly Cove Homeowners Association and not conditional on actions or condiUons placed upon an adjoining landowner. Thank you for your consideration. Yours truly, Todd C. Jones USERS/SUE/TCJ/PERSONALA.-OOCK -SI h 64®€ "'" ^ 1 ’-V^f / V, CX*AjitAC( AND yTILITY CASCMCMTS Sh O«M THUS 1 m ^ 511 3 J J _______._J 9 9 6(iNQ 3 00 f£€T i*4 wiOTH A mo a OjoikiNC LOT L>*>cs UWLCSS OrHen«l$C $M0«>< on Tmc plat *iaftr tUta/iOM o<f a*c*>nktf u, /tta /»•• »«»// ftt/ X'A^O •/«/«. to 3^'^d 3e»ydiOiS dOId3dnS ictCT 8&6T/i3yiO t-h' July 21. 1998 Mayor Jabbour and Members of the City Council City of Orono 2750 Kelly Parkway PO Box 66 Crystal Bay, MN 55323 RE: Kelly Cove Homeowners Associates Joint Use Dock License Application Dear Mr. Mayor and Members of the City Council: I have reviewed the application made by Kelly Cove Homeowners Association for a Joint Use dock license. I/we support the application and the issuance of the joint use dock license to Kelly Cove Homeowners Association. My/our property is located directly on the Kelly Cove Lagoon, I "7 Date USeRS/SUE/TCJ/PERSONAUU-KELUY :0 3^'tfd 3Wd0iS aoid3dns Srirfif 866T/i3/iO July 21.1998 Mayor Jabbour and Members of the City Council City of Orono 2750 Kelly Parkway PO Box 66 Crystal Bay, MN 55323 PE: Kelly Cove Homeowners Associates Joint Use Dock License Application Dear Mr. Mayor and Members of the City Council: I nave revlev<ed the application made by Kelly Cove Homeowners Association for a Joint Use dock license. I/we support the application and the Issuance of the joint use dock license to Kelly Cove Homeowners Association. My/our property is located directly on the Kelly Cove Lagoon. Dale €0 3Wd 3?>vd0is aoidBdns SrStSit- 866I/iC/iO REQUEST FOR COUNCIL ACTION DATE; July 23,1998 ITEM NO.: 3 Department Approval: Name Michael P. Gaftron ■ Title Senior Planning Coordinator Administrator Reviewed:Agenda Seetion: Zonina Item Deseription: Proposed Joint Use Dock Relocation - Navarre Cove (Kelly Cove) Zoning District: LR-IB Summarv- of Proposal: The Kelly Cove Homeowner's Association (the northerly 4 units of the 6- member Navarre Cove Homeowner's Association) propose to relocate their joint use dock system which has been in place since 1978. The e.xisting 6-slip dock system extends from Outlet A, Na\arre Cove, which is surrounded by Lot 3, Navarre Cove, the tormer site of the old fire station duple.x which has been razed. Since Lot 3 is now being proposed to revert to single family status, the remaining four duplex unit owners would prefer to have a four slip shared dock system extending from their commons area which is known as Outlot A. Kelly Cove. List of Exhibits A - Public Hearing Notice and Mailing List B - Letter from Kelly Cove Homeowners Association (KCHA)President Austin Evans C - Letter from Charles & Candice Nadler D - Memo and Exhibits of June 17, 1998 July 13 Council Action •r. On July 13 Council reviewed the request by the KCHA and tabled the request pending a public hearing. Council also made the following general comments and suggestions in regard to the proposal: The 80' width of Outlot A, Navarre Cove, acts to functionally limit the size (width) of the 6 slips extending from it, as well as keeps them in a compact area rather than spread out along 400' of shoreline. -There are a number of reasons for limiting the scope of dockage in this lagoon, including preserx'ation of aquatic habitat, maintainenance of adequate passage for other users of the lagoon, avoid crowding, etc. Given the historic limitations of the entire property to 6 boats, no changes should be made that would increase the number of boats to more than 6. Kelly Cove Joint Use Dock July 23. 1998 Page 2 The request has merit and might be considered for approval under the following scenario: 1.Owner of Lot 3, Navarre Cove (Mo> t) must agree via covenant to a limit of two boats for a single family residence on Lot 3. and formally gives up the rights to ha\e a duplex on the property. Outlot A. Navarre Cove and Lot 3 must then be legally combined, and KCHA's interests in Outlot A and Lot 3 must be extinguished. 2.KCI lA must agree via covenant to limit the new docks to no more than 4 slips of a size (width and length) no greater than the existing slips, and in a compact and defined location and configuration. Council directed staff to schedule a public hearing on this matter and notify the neighboring lakeshore property owners. StafThas sent mailed notice to all property owners abutting the lagoon. Existing and Proposed Dock Layout The existing dock system contains 3 docks with slips on either side for a total of 6 slips. The City and LMCD permits have formally allowed a dock length of 44' since 1993 (increased from 25' during the late '80s drought). The docks are separated by 22' and 28' respectively such that the interior slips (2-3-4-S as shown on Exh. E-1 of the June 17 memo) could potentially accommodate boats of 10-12' beam. The proposed new KCI IA slips are 32' deep and 13' wide, and start approximately 24' from the shore, with a single access walkway from shore. The new dock system is proposed to extend from just west of the midpoint of Kelly Cove Outlot A, more or less centered on the KCHA site. Staff is advised that some neighboring property owners may request that the dock system be redesigned or relocated to have less impact on lagoon traffic. The owner of Lot 3 has not indicated how a dock system would be configured to serve a single fa*'aily residence on Lot 3. Consistency with Comprehensive Plan The conditions under w hich Council suggested this new joint use dock license might be approved appear to be consistent w ith the Orono Comprehensive Plan General Land Use Policies (CMP 4-13, item 5) which states: "5.PROTECTION OF LAKE RESOURCES WILL ALLOW RE.ASONABLE ACCESS. USE AND ENJOYMENT WHILE PREVENTING OVERCROWDING AND EXCESSIVE ENCROACHMENT. In conformance with MnDNR Shoreline Management regulations for recreational development lakes, Orono will prohibit overly dense development within 1,000 Kelly Cove Joint Use Dock July 23.1998 Page 3 feet of Lake Minnetonka. Lake use regulations will be promoted to limit excessive boat dens ity and overuse of sensitive bays. Land use regulations will be developed to provide reasonable control over building density, land alteration and lakeshore encroachment." Compliance with City Code Standards As noted in the June 17 memo, the proposed 4-slip joint use dock meets the standards established for such uses in Municipal Code Section 5.42, i.e. it results in no more than 1 boat slip per 50' of shoreline as measured in a straight line, and does not require additional parking or new hardcover. Further, thete will be no negative impacts on the adjacent land area which, although covered under a wetland easement since 1979, does not have the characteristics of a wetland. Staff Recommendation Council should again review the June 17 staff memo and exhibits. Also review the written comments of the applicant and neighboring prop :rty ow ners. Staff supports the application under the conditions suggested by Council. COUNCIL ACTION REQUESTED: Receive public comments at the public hearing. Reach a conclusion on whether and under what conditions a joint use dock license should be issued to Kelly Cove Homeow ners Association and direct staff to draft an appropriate resolution for adoption at your next meeting. i CITY OF ORONO 2750 Ktllty Parkway, P.O. Box 66**^ Crystal Bay, MN 55323 Phona (612)473-7357 Fax 473- ^ 0510 \;;r NOTICE ’.ri The Of 0^.0 City Coundl will hold a public hearing in me Council Chambers at 2780. Kelley Par<Aay on Monday, July 27.1998 at; 7 30 p m. on the maner of a jomi use docK^ ' licer^se aopfication by the Kelly Covr Homet)wners Association to allow • construction of a new 4-slip joint use dock extending Irom Outlet A, Kelly Cove. .The properties to be served by said dock include* 2497.2499*250’*2503 Kelly Avenue All persons wishing to be heard will appear at this time. Written comments are s^iciied. A map of t^e proposed dock site is available in the City dices for review. CtyofOroro , . By: Oty Courx^l *: • Michael P. Galfron, Senior Planning Coordinator % (Published in The Laker and Fior\etr July 18,1998) • .............. I Affidavit of Publication Slate of Minnesota, County of Hennepin.*7* Bill Holm, being duly sworn on oath, says that ho 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 Joint Use Dock________ _ _ _ _License Application which is attached was cut from the columns of said newspaper, and was printed and published once each week for i successive weeks: It was first published Saturday thelfi___day of July 1Q 98 , arid was thereafter printed and published every Saturday, to and including Saturday, the.day of thbrized Agent Subscribed and sworn to me on this .r-;-. V n r -■'* •• •• 18 day of___July .1^8 -----------------NtrtamPublic fVCv KRISTI HOLM Nousr njSLC • Minnesota MY COMMISSION EXPIRES JANUARY 31. 2C00 RatA.lnfftrmatiftry (1)Lowest classified rate paid by commercial users for comparable space: $12.90 per inch. (2)Maximum rate 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. 20-117-23 12 0027 Ward E. Edwards 2474 Carman Street Wayza*,MN 55391 20-1 17-- 12 0050 20-117-23 12 0028 Richard A. Edwards 2480 Carman Street Wayzata, MN 55391 20-117-23 12 0037 Charles & Candice Nadler 2509 Kelly Avenue Excelsior, MN 55331 20-117-23 12 0038 David R. Hardten 2515 Kelly Avenue Excelsior, MN 55331 20-117-23 12 0039 Bradley A. Hoyt 2523 Kelly Avenue Excelsior, MN 55331 20-117-23 12 0046 Bradley A. Hoyt 13400 15th Ave. N. Suite F Plymouth, MN 55441 20-117-23 12 0047 Navarre Cove Homeowners Association 2499 Ke! Avenue Excelsior, MN 55331 20-117-23 12 0048 20-117-23 12 0061 (CITY OF ORONO) 20-117-23 12 0051 Austin & Diane Evans 2497 Kelly Avenue Excelsior, MN 55331 20-117-23 12 0052 Sylvia A. Bertagnoli 2499 Kelly Avenue Excelsior, MN 55331 20-117-23 12 0053 20-117-23 12 0054 Todd Jones 3555 Co. Rd. No. 44 Minnetonka, MN 55364 20-117-23 12 0055 Kelly Cove Homeowners Association c/o Kim Goebel 100 S. 5th St. Suite 2500 Minneapolis, MN 55402 20-117-23 12 0056/0057/0062 Edward T. Lehman 4501 Shoreline. Drive #232 Spring Park, MN 55384 20-117-23 12 0058 Anthony Laselle & Charlotte Addison-Laselle 2440 Carman Street Wayzata, MN 55391 20-117-23 12 0059 R.C. Kuncio & S.E. Raleigh 2450 Carman Street Wayzata, MN 55391 20-117-23 12 0060 Thomas A. Lind 2470 Carman Street Wayzata, MN 55391 € TuO giiorel INE rUEO «?-5-69 ^ i»«OTH-ii. • r ^»40 1 i3 (28)^ <2S^4 ’ ®*U3iiO M KQfb.' DOC NO I93?4n (i) \ <72) 40 K >(^is %(57)^ 58) r? KSS Vv *R N (\5^ FTOtKKX (59) S! (62) OWTlOT A (61) 42 55-: T&J^. / ' V' •>\ 5 Q4(25)^ 1 S% (50)S;<, a(60)s ,S *0^XV ( '0) g I /:52.2? 10* 5 w^Tirr fneSAfANO 65c"n5 ?5*096F DOC O 5412047 iDOC NO «D46t$3^ 104.60......► 7n 311V 12 (28) fippi *1^4 (34).—. g -1*. «0'*»y ,(siT a OUUOT A (55) AttA Ncnf/eC •«2»iM,u^^2C>'fr7'Z3 12. a)L{55)M a <5?e| !^o5 S 1 (^s^ cl/ (47) (37) COVE N07*43 OOC NO 7 4> k. 5f ‘'> 1. 1 t s \ 9 ■• I i.u I cr 5'.?^ 1 l. 50f ‘52 5J SO 1 1 1 SQ 1 < 50 >< » • 7? 1 r 5p JD 50I* 13' 1 iCD •/ IS u l?'<f.^ . !C 17 10 19 « .•••• 21 27 n 21^ •o y:III)CIW)IIS)o m <1141 A. « «r 7 !0*a*”7?I2L ¥% 7)^-52- T3“ 28)P ^n4.^•l T) ts J=. a '!« p N 140 i( uY?f- sj aO N 1 U !Sl'^ ,#5) i H " t !S-y.i'.n.'i.f, y'-----s.’40 K a '/? .X ^■« N ( g® t'’-10 ^ S (16)W^ FHCutrU.'U-M i'l y " r>r^\y"' .J .Jr.\: Ai25Y^V o "A r /» •To" 2 2P<?» ^y*4i‘M£ (ilCSAH—HO—15 ..-A - ?S~2664.6I >.iJ--------------^ '• I7S occ JO wijn;-/ ■♦*.....I73**** ► 1 m i^ V______'a N b r ❖ It 1? ^23) :•••;■■{ 3 •^ ' : • • • •. * *1 1 1 1 8 </ > ^ y t / / S;<"m5 Isi^sT ^ PtA-'fr_5jn M 311V COC K) JOCJ: 3113? fippi »cutToT * ,^(55) ,% i /.«v 0.a i*< > ?c t"7,.., ® ■■’■ ^......com 7f).«r 'K/s-f •iit >K->r 42i § s KELLY COVE HOMEOWNERS ASSOCIATION 2497 Kelly Avenue Excelsior. MN 55331, USA July 22, 1998 Telephone (612) 471-1170 Fax (612)471 -1184 ■ 3^ Mayor Jabbour and City Council Members City of Orono 2750 Kelley Parkway, Orono MN 55356 Dear Mayor Jabbour and City Council Members: Re: Dock License Application Kelly Cove Homeowners Association of Orono. As I will be in Europe on Monday July 27, 1998 I regret that I will not be present at the public hearing on the Association's application for a joint use dock license. Mr. John Kupfer (an Association member) will however be present representing the Association. I would like to draw your attention to the following points: 1. The present license to the six member Navarre Cove Homeowner ’s Association is for six slips on docks of 44' in length; the application is for docks of 32' in length. 2. I believe the application is asking for no more than what it is entitled to under zoning law and riparian rights, as indicated in the Staff Recommendation dated June 17, 1998. 3. In the Staffs discussion (June 17, 1998) of the application they comment that no boat traffic problems are anticipated. If this application is approved then the benefits to the immediate neighborhood are: a) Oulot A of Navarre Cove would go away as will the current docks, and be replaced by newer and more acceptable construction. b) The owner of the adjoining lot, Mr. Brad. Hoyt, will be able to develop his land which will enhance the character of the area Yours sincerely. (y Austin H. Evans President llED 0?:OT PM CHUCK HnIiLEP 612 4T1 S6*2 ‘3'F- . O 1 c July 22. 1998 *7 - 2 ^ City of Orono 2750 Kelley Parkway. P.O. Box 66 Crystal Bay, MN 55323 Fax 473*0510 Dear Michael P. Gaffron. We live at 2509 Kelly Avenue v/hich has lakeshote on the lagoon and abuts the 2505/2507 Kelly properly which currently has an out lot for the neighbors to the north to havo docks on that property. Wo strongly endorse the proposal to have the city of Orono grant a license to the property owners of the Kelly Cove Homeowners to allow the erection of docks on their property(2497-2503 Kelly Avenue). This dock license will facilitate the improvement of the 2505/2507 Kelly property which will enhance the residential life of our neighborhood. Sincerely. CT_jro Charles E. Nadler and Candice Nad’er 2509 Kelly Avenue Excelsior, MN 55331 REQUEST FOR COUNCIL ACTION n- 21. fi» DATE: June 17, 1998 ITEM NO.: ^ Department Approval: ^ Administrator Reviewed: Name Michael P. Gaffron Title Senior Planning Coordinator Agenda Section: Zoning Item Description: Proposed Joint Use Dock Relocation - Navarre Cove (Kelly Cove) Zoning District: LR-IB Summary of Proposal: The Kelly Cove Homeowner's Association (the northerly 4 units of the 6- member Navarre Cove Homeowner's Association) propose to relocate their joint use dock system which has been in place since 1978. The e.xisting 6-slip dock system extends from Outlot A, Navarre Cove, which is surrounded by Lot 3, Navarre Cove, the former site of the old "fire station" duplex which has been razed. Since Lot 3 is now being proposed to revert to single family status, the remaining four duplex unit owners w’ould prefer to have a four slip shared dock system extending from their commons area which is known as Outlot A, Kelly Cove. List of Exhibits A - Joint Use Dock License Application B - Current Plat Map C-Plat ofRLS 1428(1976) D - Plat of Kelly Cove (1979) and Plat of Navarre Cove (1984) E - Existing and Proposed Dock Layouts F - Selected Background Documents Background Chronolog}' Prior to 1976, this area consisted of a single 6 acre parcel w ith a single family house and a two unit apartment building (the old fire station building). - In 1976 the 6 acre parcel was divided into four RLS tracts. Tract A being approximately 3 acres in area and including the old fire station duplex; and Tracts B, C and D each becoming 1 acre single family lots further south along Kelly Avenue. It was noted in 1976 that a plan to construct two additional duplex buildings on 1 ract A would require a conditional use permit, which was feasible because the site proposed for duplexes was within 200' of commercial zoning. Request for Council Action continued Page 2 of 5 June 17, 1998 Proposed Joint Use Dock Relocation In 1977 a conditional use pcmiit application was approved, allowing tour additional units (two duplex buildings) to be constructed on Tract A in addition to allowing the existing fire station duplex to remain. A decision on the proposed joint use dock to serve all 6 duplex units was left up in the air. pending the results of an LMCD moratorium. The two new duplex buildings were constructed on Tract A in 1977- 78. On March 30, 1978 the City of Orono issued a Joint use dock license to the "Kelly Avenue Holding Company" for one slip for each of six duplex dwelling units. 1 hat dock system was to be constructed near the entrance of the lagoon at the southwest comer of Tract A. Please review the staff memo and exhibits for Application #350 which provides some background to the discussions held regarding this initial joint use dock license. In 1979 Tract A was split into three lots, each containing an existing duplex building, plus two outlots: Outlot A for a joint use dock, located at tlic shoreline of Lot 3; and Outlot B, the platted lake bed which was then deeded to the City. The 1978-79 discussions regarding lake access for these six duplex units, revolved around a number of factors: 1. 2. 3. 4. In total the six units had only 400' of shoreline in the LR-IB zoning district that required 140' of lot width and allowed one riparian "dock right per lot; i.e. the 3-acre site would only qualify for two riparian "dock rights if subdivided into two confomiing widths siiigle family lots. City maps designated wetland along the shoreline of Lots 1 and 2, and allowing a dock to extend from Lots 1 and 2 would require a variance to the flood plain and wetlands ordinance which was then recently adopted. A joint use dock providing one slip for each of the six duplex units would be of less impact than six individual docks. The impact of six slips, one for each of six duplex dwelling units, was considered a reasonable impact on the neighborhood and the lagoon. Three indi\'idual docks limited to 5'6" width by 25' length, with two boats slipped at each dock, and such docks grouped at the southwest end ot the property, would be appropriate. In 1984, Lots 1 and 2 of Navarre Cove w ere replattcd as "Kelly Cove" creating four Request for Council Action continued Page 3 of 5 June 17, 1998 Proposed Joint Use Dock Relocation house pads for the existing northerly duplex units, and one large commons outlot (Outlot A, Kelly Cove). The four northerly duplex units continued to use the joint use dock svstcm extendinc from Outlot A. Navarre Cove. Since 1978 the City has annually issued a joint use dock license to the 6-member Navarre Cove Homeowner's Association. The most recent license (1997) allows six slips on three individual docks extending from Outlot A, each dock being 44' in length, fhis extension from 25' to 44' occurred during the drought in the late 1980s and was formalized by LMCD and the City in 1993. Current Proposal While Lot 3 in N'ivarre Cove just recently received approval for demolition and reconstruction of a new duplex, the owner of Lot 3 would prefer to eliminate Outlot A (the dock outlot) and make Lot 3 a single family lot. Lot 3 becomes much more marketable without the encroachment of Outlot A, and without having to accommodate the joint use dock for the four remaining duplex units. To this end, the four remaining duplex owners would like to move their four slips further north to extend from their own commons outlot. This appears reasonable but also raises some additional issues: 1. The proposed dock system will extend from an area that the City maps define as wetland and over which the City has a Conservation and Flowage Easement; however, staff has reviewed the status of the wetland, and it clearly is not as extensive as the old maps indicate. The area from which the new dock will extend is maintained as yard, contains mature trees, and obviously is high ground. The actual wetland boundary is much further west than the proposed dock location. In staffs opinion, the wetland is not a factor in this application. 2. Lot 3 as a conforming 1 acre/140' width single family lot, would likely be allowed by LMCD to have as many as four slips and four boats, as long as all four boats were titled to the owners of Lot 3. The net result for the City is where there were six slips and six boats, there is now a potential for eight slips and eight boats. Council should weigh the potential impacts of four joint use dock slips plus a single tamily dock system, versus six joint use dock slips. Applicant is advised to contact the LMCD (471-9588) which also has jurisdiction over joint docks, to confirm what special restrictions or permits that body may require for this change. Request for Council Action continued Page 4 of 5 June 17, 1998 Proposed Joint Use Dock Relocation Joint Use Dock Ordinance Municipal Code Section 5.42 gives minimal standards for joint use docks. However, that section does state that "any association of riparian i nd/or non-riparian land owners within a subdivision adjacent to the lake which initiates a new joint use shall adhere to LMCD regulations and no such use shall have more than one boat slip per 50’ of shoreline as measured by a straight line between the points at which the side lot lines meet the OHWL. Further, all such use shall adhere to the Shorelan .. .anagement Regulations of Section 10.56." The proposed use appears to meet the one slip per 50' of shoreline standard, since as measured on a straight line Lots 1 and 2 contain 220' of width, which would allow up to four boats. Further, the proposed use appears to meet the standard which disallows any use which creates tlie need for additional parking on any street right-of-way or additional parking stalls. Since the proposed four slips will be used by four adjacent land owners with pre-existing parking areas, there appears to be no impact on streets or right-of-ways. Further, there appears to be no need tor additional hard surface areas. The proposed docks would appear to be located in one of the widest portions of the lagoon, hence no boat traffic problems are anticipated. Staff Recommendation '^taff recommends approval of the application of the Kelly Cove Homeowner’s Association to allow conversion of a six unit joint use dock to a four unit joint r.se dock, subject to dock design and location as proposed, and subject to ultimate legal combination of Outlot A and Lot 3 of Navarre Cove bv the owner of Lot 3; and that the easements over Lot 3 and Navarre Cove Outlot A in favor of Lots 1 and 2 Kellv Cove be extinguished. Fv:'‘dic Hearing Option The joint use dock license standards allow Council to call a public hearing at Council’s discretion. This application was received on June 12, and is brought forward for Council s initial review without a resolution, pending Council action. One of Council’s options w ould be k. call ior a public hearing if there is some perceived negative impact to the City or to other users of the lagoon. Such a hearing could be published for the July 13th Council nieeting. Request for Council Action continued Page 5 of 5 June 17, 1998 Proposed Joint Use Dock Relocation Options for Action 1. Grant conceptual approval, subject to conditions, and direct staff to draft an appropriate resolution. 2. Table for further information or in order to provide notification to surrounding affected property owners for a public hearing, if Council chooses to hold a hearing. 3. Conceptually deny, providing staff with suggested findings to incorporate into a denial resolution. 4.Other.* COUNCIL ACTION REQUESTED; Provide applicants and staff with direction regarding the proposed joint use dock relocation and conversion from 6 units to 4 units. X:\.APPS\\VPWIN60\\VI*DOCS\»&Z\MIKE\JOfNTtJSE\NAVRCOV2.MEM CITY OF ORONO P.O. Box 66 Crj’stal Bay, MN 55323 473-7357 NOTICE OF COUNCIL ACTION Date of Notice: 6-24-98 TO: Kelly Cove Homeowners Assoc, c/o Austin Evans 2497 Kelly Avenue Excelsior, MN 55331 COPIES: TYPE OF APPLICATION: Joint Use Dock License DATE OF MEETING: June 22,1998 VOTE: 4 FOR 0 AGAINST COUNCIL ACTION - MOTION: Tabled because neitlier applicant nor a representative was present. This item will Ic rescheduled for the Monday, July 13,1998 Council meeting which begins at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. mpg CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 i:’ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff Date Application Returned to City ^!2 ^ Fee Received $ __________By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in..,. joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) Coyg' HoM^ou/r/i^S /)3yoci4</oA/ cRotJO Lake M t n_________ Bay /9/^ M lF^/ _____________2. 3.P - son responsible for this application: Name AusT(n H- _____ Phone - Li-m - n•70 Mailing Address AgVLAyMN iTS‘33i_ Relationship to association ___________________' 4.Association is (check applicable items): ____ unincorporated homeowner’s group. ><. incorporated Homeowner’s Association. ___ unincorporated club or recreation group. ___ incorporated club or recreation group. Page 1 of 5 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member’s private property. PBffcment or’ outlot owned in common. ____ property leased by the group/association. ____ property owned by the group/association. List Dock location and ownership information: Street address 34*7)3 AVfNUk, S/ClTLS(oR, 6Ts'23l Legal property description ouTLoT />. k^LL^/ COVi£________________ PI D #______go-;i7-33 /a ___________________________ Listed property owner(s) A^^Afumr , v.^TifNfL yvn IP cR *-SifafiA A. Ai c*>/n»Acr Names of abutting lakeshore property owners: (North/WesO_______/w^qt fCNc^f^___________________________________ (Name + Address) (South/East) Q/ift^Lay C?S"3 jf. JL/tir/f srenrTj ijA-'f'Z.ii'rfi, A;a/'6'“5^9/ (Name + Address) # Names of other affected property owners: ctH^nursk.'*-t.AH2>ie£ /Ct^i jStM.t£LS(iR, S'sr33/ (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: ____ property owner’s homeowner’s policy. separate group/associatidn owned policy. List the following information: "^Name of insured Ce>vt ^^oMJfcwA/eifiS ^ssocfATtetj 6/^ofie> of insurance carrier fif>fiUcA1'fotJ J Name of insurance agency /^uuu^ Policy No. tfoTser kf/c>wty ______Effective date of coverage /^Amount of coverage: Public liability, per person, per occurrence $ /, too, Fhiblic liability, per occurrence % hoa oo o Page 2 of 5 10. Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____ security lighting ^ property owner’s presence ____contract security service _____ other (specify)_______________________ DOCK INFORMATION 11. Width of shoreline: * ft- Length of main dock from shore: Dock setbacks from side property lines at shore: Dock Construction (check applicable items):12. 13. 14. 15. List Dock Use Area Specifications: ^ / ' ....................................... ft. \t)0 ft. and *9^ ft. seasonal dock (relocated or replaced each year) wints H. permanent piling with seasonal deck ____ permanent piling and decking wooden decking ____ metal decking List Dock Accessories: Number of fire extinguishers available at the dock i-ocATXy> /a/ /Sofi-rs N-’mberof life preservers available at the dock locP^'^^ /a^ /jofirri List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips ______ Transient (day use) off-shore buoys _ Permanent moorage slips ____Permanent moorage off-shore buoys Dry storage (rack) slips __________ Maximum number of boats at the dock List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. / ^ -f- spaces. zrxisTTv^ A~s <» . EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap ___ wood seawall ___ metal seawall ___ concrete seawall K, grass and vegetation only other (specify) 17. Depth of water at shoreline: Q ft; at 50 ft. out: ^ at 100 ft. out: lOifr ?? Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines an ’ the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renews application and our joint use dock is to be operated under the same by-laws or agreement originally made in _______(state year) and on file with the City.' Applicant ’s initials INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to the total number ol members in the club or association. Ij. members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies :.,e not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in _______(state'year) and on file with the City.' Applicant ’s initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy 4b slips @2.00 each $ $20.00 $ TOTAL DUE THIS APPLICATION $ Page 4 of 5 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. PXVTEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon t\e application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date I ^ ^ ? S City of Ororio P.O. Bc<x 66 Crystal Bay, KN 55323 (612)^73-7357 06/16/98 14j35j39 Customer; NONE LICENSE - OMR BUS. ^ 1 8 78.00 78.00 JT USE DOCK KELLY COVE HOfCOHE 1 0 0.00 0.00 SUBTOTPL 78.00 TOTRL SOLE 78.00 Check Received 78.00 CHflN6E 0.00 aER..* 03 7031 Page 5 of 5 • / #• / KELLY COVE HOMEOWNERS ASSOCIATION 2497 Kelly Avenue Excelsior. MN 55331, USA Telephone (612)471-1170 Fax (612)471-1184 June 11, 1998 Mr. Michael P. GafFron Senior Planning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55402 .. ... i c.. Dear Mr. Gaflron; I enclose the following: A ne\v Annual Joint Use Dock License Application. A Dock Plan showing location on property. A Layout Plan showing size of docks etc. A statement showing the names of association officers and the total number of members. Certified copies of the articles of incorporation and by-laws of the corporation Members of this association currently enjoy docking rights on Outlot A, Navarre Cove, which is owned by Navarre Cove Homeowners Association. The members of that association comprise the 4 members of Kelly Cove Homeowners association and Mr. Bradley A. Hoyt the owner of Lot 3, Block 1, Navarre Cove. The members of Navarre Cove Homeowners Association are negotiating to convey Outlot A, Navarre Cove to Mr. Bradley A. Hoyt, dissolve Navarre Cove Homeowners Association and transfer 4 docks from Outlot A, Navarre Cove to Outlot A, Kelly Cove. I shall be grateful therefor if a Joint Use Dock License can be granted to this association subject to the members of Navarre Cove Homeowners Association completing the negotiations referred to in the previous paragraph. Please call me with any questions. Yours sincerely. Austin H. Evans President I f /I KELLY COVE HOMEOWNERS ASSOCIATION 2497 Kelly Avenue Excelsior. MN 55331, USA Telephone (612) 471 -1170 Fax (612) 471 -1184 The names of currently appointed oftlcers are: Austin H. Evans President 2497 Kelly Avenue Excelsior, MN 55331 I hereby certify that the number of members in this association are four, comprising each owner of the properties legally described as: Lot 1 Lot 2 Lot 3 Lot 4 All of Block 1, Kelly Cove and known as: 2497 Kelly Avenue, Excelsior, MN 55331 2499 Kelly Avenue, Excelsior, MN 55331 2501 Kelly Avenue, Excelsior, MN 55331 2503 Kelly Avenue, Excelsior, MN 55331 C uC la^ TUNif I), LUI r 02)^ :y .....^ mr» r» 1 90 30 S)30 X • » r 30 30 9i- 13' K*l• tkJ lor) / M’^ 3 9) 19 /: nr 9o2 u ir . 90 17 *r nt Idno r y\- i» (112) 71- /. 20 3 90~ ,#•••' 21 113) 22 irt m 7) ✓. 23 (114 iTv y 24-r 7}V)7)»7)f .17) lA ^'iS ,)(;4 »A • 1*(M) («i)“•r (92) 1)^ (91) l#“ (94) 19" (03)2 /.* "5 •('-a.J&.-3L 30 H)-a. M2) "(I ICG Al}' b T ^.fVT>' I W T iH-----1....................... ........................... -*rSL»J*- SO 9} 4in ? 24“ (90) 23'; 2 9 2664.61 FES S .... (99)A"^--'>^ •/ 17 199) y 30. i: 20 5? 7 2p( IpO) 101. 3 VJi ^'hor»iv 5o*f *-t0O Thrrtfti C*sr Mf§4 ■\ fanJtnmrU TWfMf Cm* if* fCf4 REGISTERED LAND SURVEY NO. SCALE im f0^i mi l-^-yr=T. 90i rr^r^ DATE : Bmar/n^M shown ar^ os*om*d O </c*o<*y<*4* /* on trtonxtmmT 9mmk0^mrk is m sn csner^/e kosr sf ffRf 0* Mv»mmks0r0 sf flK' '«r rmr*mt C€T9fh,Nm.O / Jhmwn wohr sUy^mfiin it 0£vO-n29,acf^<iinafa r*<»r^t0rf1i>m jUrrtlnr pne>-A, \ Dm/tmrftmonr of Cs^e^t^sfisn. • •. . • Wsisr oIo^Mh’on on AooitSmtPTA tost fi%$4 foof. AfmyD -f PlP, I h«r«by certify that /n cccordance with the provlelone of Chapter 50S^ Hinneaoty Stetutee of 1949 aa amended, I hare •urveyed th* follovln^-deacrlhed tract of land In the County of Hennepin and the SUJU of Minnesota, to vlti Tract C, Rs^atered Land Survey Ho, U22 files o^ the Registrar of Titles County of Hennepin, tho boundaries of which liava been narked by judicial land- Mrks set pursuant to Torrens Cose No. U986, and that the survey shown hereon Is a correct delineation of said survey, dated this AAlia, day ot_jJ ujUSJE _______ 1976. ^ y y) niCIO, KIKNGSOTA This Reylstared Land Survey was approved and accepted by the City Hlnneaota, at a regular oaetlng Utereof held this day of of tmyan'^ iordon R. Coffin /yCordon Kirn, Reylstrati nr Ho. 6064 Irfir.d Surveyor and Planner Long lake, Klnnescta cm CClTfCIL OF TKS City of . 1976. Orono,Cm* Mb U9H HIKTICSOTA >kyor Adnlnlstrator FlKArCS OrnSION*, Hennepin Count/, Hlnneaota I hereby certify that t>iere are no dellnouent taxes for all years prior to this ____ day of _ 1976. Vernon T. Hoppe, Director by . for land desrrlbed on this plat. Iteted Tax Clerk HSNTBPIK COCNTY SITIVSTCR Pursuant to Chaoter 810, Hlnnescta Laws of 1969, this Pjaglatered Land Surrey has been epproved this 1976. py day of Alvar R. Free'an, Hennepin County Surveyor REGISTRAR CF TITLF-S, Herj\epln County, Hlnnosota I hereby certify that the within Registered Land Sun ,'y Ko.was ^lled :n this office this day of 1976, at ____ o'clock and that the two cor*les were co»pa*-ed with the original and were found to be true and correct copies thereof, ^ Wayne A. Johnson, Raglstrer of Titles, by — Deputy c 6-n r> '/ 4' n 6 L*J :) Mm UJ -% f/i .J ir .J -J UJ \ \ ^jo, J0CB> ( • V * • .. •• ..'. •. LfiVou A/ruy C-CVlX l-foMirewf/Btl /hfioe/A^^ AAY OU’T Pt-f^ 1 *• • ■• > .»4J'MlSSt *L 'S4 ‘^ '/W r J* • I / ' V,V *;Vh*-s iOf g •‘1 '.•lly Avrau? Ibldini; 0>. .“‘'I* Kell.' A\Tmic :';iRO : riAV.IV<: 0>rMS<^ia; ?51TINT. - October 5, 1977 ":yi Ltr.1l5.nv aj'tl Joim .Mil presented propos.nl for conditional use pemit for two .ndtlipoanl duplex units. Planning Contnission rmimlcJ developer that duplex credit !'• iritM to .no It. distance from conncrcialIv zoned district. Dan Lindsav i<'nrirrx'd c-jnpli.nnce. Iil:'li£§ss ”:s35 « i?'' r*ir ..omissiw infonned >!r. Lindsay of Omno’s rifviri.in rights police whidi is i.»-rr-ntiv rel.ntcd to lot width roquirtnents. The developer was instructed to Mi'ri. some ,n. Jitlopal data before we could address tiie dock rights issue. Tl>c len;: h of sIiorcl*ne on the subject parcel would he tlie detemining factor on ■ *'in.nr;.'’ji ri^its issue, .'tin-or Van .Nest infomei! the developer tlut the L'l'n u“is considering limiting riparian rights to a shoreline dist.nnce of inn ft. In .vu leielojment. e.i i 100 ft. of slwreline would constitute one riparian right. I’i.inniny Cerr'i«lori nxeTrrd''d .nMDrt'val of dinle\ mndition.il ii5e nerrit for rvo m-v imiKlinrs with the laKlcr.standinr th.it dot! .ipnmv.il is not incluled, hut t I'c ad.!rc<^r.C(! nftcr nor^ data is siiHnittci’* t* «• •• ^ •I. ’•:rri.;r - nctober 11, IP': '•••T've.I coMditiisMl U<c rvrpits for PKn .ind dui»uvv endit fer two rev duplex ! .ipi’*; ( I iuut.<5 total) within 20'^* foot of t!io corr^oTVial :ono, ^nvfCi! staff fe mvirv t.he |virk cledic.it ion ‘“ce and collect the corax t .i"x>icit .h.io he?oa' issiitne II. ;iie :H'r?;ts. hUl rrviev tlie joint dock o*iIv sex n <e-’ir.ite te.; lest i»' I i.d-r >• :’’o :.vn rxir.itor inn. ‘ ' ‘ < f r .» t,» ‘VteU'r It. I*'*” •*iif. xf.itii:. r'vt ’ .1 ••|i* e* V "I '* • ••’1 ! -id 1 .icr' .ler.sifc - I ' i«c I'ere diVI •• I *-i : ’! »f.' • f I f . ,i!. • X* • t, I • 1 \V •llvt r / J •• i # • .1 T‘ •* •••,! . 1*.I • • * I f!* r*'. I* *f • r^i ! ' • ’*■ •* *.• I ' ' ‘'.‘r /» • % 1 < . t*- ;u* ’• c i a TO: FROM: DATE: Planning Commission and Council Henry F. Muhich, Zoning Administrator __ _.-f K r.i' • 1/ ^. •/) ) February 2, 1978 SUBJECT: Kelly Avenue Holding Company - Joint Use Dock Application for 1978. Application for multiple dock license for 1978 for mooring of 6 boats. This is for the purpose of providing dock space for each of the 6 dwelling units in the three duplexes on the Kelly Avenue Holding Company property. Exhibit B (sketch) - notes indicate 400' shoreline. Exhibit C (survey) - dimensions noted on survey line adjacent to shoreline appear to confirm the 400' shoreline. This property is zoned LR-lB (1 acre). Minimum lot width and shoreline requirement is 140'. From the zoning standpoint only 2 docks would be permitted. Some of the other agencies are currently considering regulating docks by a shoreline footage factor. If we should adopt this policy the number of permitted slips would vary accordingly. PLANNING COMMISSION - February 27, 1978 Mr. Lindsay, representing the developer, was present. The Zoning Administrator explained the proposal as submitted. He expressed concern over the shoreline site plan indicating 6 individual docks. He felt this plan could provide mooring of 12 boats on only 400 ft. of shoreline. The shoreline and lot width requirement in this one acre zoning district is 140 ft. The total length of shoreline on the subject property lacks 20 ft. from the requirement as regulated by our current policy. The Planning Commission recommended approval of 3 docks for the mooring of 6 boats. One boat for each of the 6 dwelling units in the 3 duplexes on the parcel. Each of the 3 docks would be limited to a width of 5' 6" and a length of 25 ft. The Planning Commission did not stipulate the distance between the docks or specific location of the 3 docks. COUNCIL - March 16, 1978 Conceptually approved 6 slips per Planning Commission recommendations. COUNCIL - March 30, 1978 Approved resolution authorizing dock permit & license. /" RESOLUTION NO. 892 A RESOLUTION APPROVING A JOINT USE DOCK PERMIT AND LICENSE FOR KELLY AVENUE HOLDING COMPANY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted zoning and lakeshore regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the Planning Commission and City Council have considered the application of Kelly Avenue Holding Company for Joint Use Dock construction and use of six (6) slips on their property known as 2505 Kelly Avenue; Tract A, RLS 1428; and WHEREAS, T'^act A, RLS 1428 is occupied by 3 duplex structures containing 6 residential units as authorized by Conditional Use Permits issued October 11, 1977; and WHEREAS, Tract A, RLS 1428 contains approximately 400 lineal feet ■•f Lake Minnetonka shoreline; and WHEREAS, the Orono Zoning Code Section 34.440 authorizes private docks subject to the requirement of the Orono Municipal Code Chapter 74, Joint Use of Lake Facilities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves a Joint Use Dock Permit and 1978 license for Kelly Avenue Holding Company subject to the following conditions: 1. 2. 3. 4. 5. Maximum of 6 boats to be moored at this property. Maximum of 3 dock structures, each stimcture a maximum size of 5’ 6*' x 25' 0", as shown and located on Exhibit A attached. Installation and use of more than one dock structure on this property will be subject to a Joint Use Dock License which must be renewed annually and which renewal may be subject to revised conditions according to then current dock regulations. Issuance of this permit and license is subject to the approval of all other agencies having jurisdiction, including the Lake Minnetonka Cons>;rvation District and the MN Dept, of Natural Resources. Issuance of this permit and license does not vest any permanent rights for multiple dock or moorage on this property. 6.Kelly Avenue Holding Company shall review and approve of this Resolution, which approval shall be indicated by the endorsement of an authorized representative hereon, and shall cause an original copy of this Resolution to be filed as a permanent covenant in the chain of title of the property, such filing to occur within 30 days of the approval of the Resolution by the City Council. AGREED: Kelly Avenue Holding Company / Dated this day of March , 19 78 . William B. Van Nest, Mayor ATTEST: Walter^^C Benson, Clerk/Administrator • V- ■r-':-'.it V / M Planning Cooalsaion and Ccuncil Jaanna A. Mabuath, Aaat. Zoning AdaiaxatrMtor. . * > .\ ■ t Deceiobar 21, 197S v448 Jatteo K. Lindoay, 2505 Kelly Avaaua r-^/ » *r< ; f 1 r • i SK2VCK PLA^ RSVIEV; *v. uuu -*« ___coopleto and vill ba mvievcd b«for«'na^’ presentation. The setbacks for oxiacins buildings on lAts .1 «nd;2"* ^ satlsf^ccory but Che duplex on Ix)C 3 will re<iuire. • rear yard setback. • '•'cV*.’. ■'■' Access road - The existing driveway wxll appear as a privatevKOSd. - ^ _ _ __ _ _ O * . * V. 'easement serving Lots 1 and 2.. .„v. •V <tJv * ;•■ Wetland - The wetland at tlie northwest comer of parcel has not iMSa designated on plan. We will require a conservation and fiowage easement over the wetland. •' Riparian rii^hts - Tne applicant requests a joint dock for Mch lot^ *“ (cne dock serving two dwelling units). If Planning CotTinission approves^ then a variance to the Flood Plain - Wetlands knnagement Ordinance oust be given (similar to one Issued for the Farm at lx)ng Lake and Victoria Graon). Lot 1 is involved; Lot 2 appears to have 15*-20* of available ^akeshore but the setback request of 10' will take roost of it, and Lot 3 would not be involved. Staff recommends a private outlot over the existing dock area. This alternative will lessen the Impact on wetland and dismiss the need for a variance. Rear yard setback varlnnco - Ordinance 34.450 Required: Proposed: Variance: 30' 24' - SOX • ^ •\r: t • •*. ••• •••.. ... • *. • ,.*f • > V >-*".' « ' r ■•* ■* ••♦ * .'*»..■ ('U' lii- ^W'4 ^/iyM ,:: .•» \ r ^ . **iy fx>* . : >• v-t ..V.# - -; ) :vr^1 ■■V' ; ?•• s Deccni>er 21, 1973 Jaaod K. lAntSsay 2505 Kelly Avenue Subdivision Pago 2 ,-,' > -vrr- 5A: ras-.- * w I.I# > » \ e<*' PLAN.m’0 COMMISSION MSmWG - JANUARY o, with applicanc: ' ■. ••■r:.^^''^Xvir^dTi-i:t'.:'r^ : . 1. 2. 3. 4, Meed for an accurate determination of wetlan^ Issue of toutual dock vs three individual out with staff. i"hi" >,^ r ».•.* %•••'*. 3 to bo recognized as a legal' applicant to be aware of significance. cSescion of tot 3 duplex being located mor. th« district no be resolved. i ’ - * • ■‘•' •■ -:• ' ’* ■■' ' •.■■ ■ STAFF R£C0M>5ENDATI0M - M.\RCH 24, 1979 J, . ■ • Staff rccotTuT.onds pvoilminoiry approval of the three lot Avenue Duplex Company's plat subject to the following conditions. 1. Developers enter into o Conservation and Flowage Easemei\t with 2. JoLf dock to remein serving all three lot. because of wetl.nd. 3. -;i"fx':n"Sr"wiU require a front yard eetbeck v.rUnce of 29'. PUBLIC INFORMATION MEETING - APRIL 9, 1979 Planning Commission rocon-mended preliminary plat approval as proposed subject to the following conditions: 1. Docks to remain as .. licensed Joint use dock. ^‘P 6. with Outlet A platted to provide the common acce.a. This nvoic. Construction of docks across the wetlands. Trt^e i a, 9 2. Platting of drainage casement over wetlands on propv with flowage and cons .•rvatien casement to the Licy. 3. Duplex on Let 3 to cem-nuo as a recognltod I'**' " boemuso It is looacc.! beyeml ?00' from th' recogr.lcod i.s existing suhstamlard tront yard A. Acce^rTo‘'lot’s r.s'3 to as oonstvueted with a private oasomou^ provided to li't 1 i'VtM- tot ii?. . 1 5. nattin.-, ami .l..,Uo u : on of ar.i...o.o "„l utllltv ea,em,on.s alon lot lines except l!n' ;e t i ne . •.»v\r ■ I •I, U‘ rj \ M fe-: { <» ! r ^ • iI '* • . . I ■ • *“'^r Y* *.**^<’ r*V. •. .f. • I* •.>••*. I « \ • • . - i. * * * «I .^;.V;r> Dcceab^r 21, 1978 Jaaea K. Llndaay 2505 Kelly Avenue Subdivision ■•Jt'jTV ^^Y^yv> .V •.;■• ■,>4ssT''^' m •0c.-’> » > V iy‘7,? Fai;o o SYA7? N0T2 - APRIL 19, 1979 staff would add *e_conaiti»n__tMt-^^ :rd ap^ropria^lf ^edicatad C. th. only on the land). 4 ' e*- ' • K •* ** V - • ' ">.'••• ' V •* .•A :‘ s ‘ • • • ’ • ‘ ' .•**» 1 **•* * ■ *;. • .! .. : «. . . .‘aa • • .t. % • * aa ■»*> ------------ ‘ •la.'* ____________ _______ __________— - «.«»■«» .^7; w a*-.‘ % •"‘.' ' t'-iyW'Vu'-*^-J'■• • ■ ■• • -'^ >:• • • - ■.•■■ • '•.- ,:•■•* •• ;i •• •'^'■•' . i.-'v •; ■" /■ ■; :-^v^■• - - SCALE S ' LK<ro. “ 9 ir> • »✓. c r -j «•. i<j I- C”'. • » I- <4 t «, f COUN’w.l I j -.. NOV 9 1998 REQUEST FOR COUNCIL ACTION crrYCPc•Ro^io Date: November 2, 1998 Item No.= 7 Department Approval:Administrator Approval: Name: Michael P. GafFron Agenda Section: Zoning Title: Senior Planning Coordinator Item Description: Adopt Comprehensive Plan Amendment #7 - Maxwell Bay Area MUSA- Resolution List of Exhibits A - Resolution B - Amendment Documents C - Letter from Met Counci* 7-2-98 D - Letter from MnDOT 7-21 -98 E - Council Minutes May 26, 1998 In order to finalize the MUSA expansion which Council approved for submittal to Metropolitan Council on May 26, and which was approved by Met Council on July 2, the attached Resolution siio'ild be adopted. This amendment formally adds 155 acres in the Maxwell Bay area to Orono's Metropolitan Urban Service Area. COUNCIL ACTION REQUESTED Adopt the attached Resolution. 1 . » A RESOLUTION APPROVING COMPREHENSIVE PLAN AMENDMENT #1 WHEREAS, in June 1980, the City Council of the City of Orono (hereinafter "the City") adopted a Community Management Plan (hereinafter "CMP") to provide for the orderly development of the City. An hitegral part of the Plan provided that sewered areas of the City be included within the Metropolitan Urban Ser\ ice Area (hereinafter "MUSA"); and WHEREAS, the MUSA boundar}' originally adopted via Resolution No. 1135 on April 14,1980 was subsequently revised by Resolution No. 1337 on November 23,1981; Resolution No. 2131 on February 23, 1987; Resolution No. 2437 on May 23, 1988; Resolution No. 3153 on August 10,1992; Resolution No. 3283 on May 24, 1993; Resolution No. 3348 on October 25, 1993; and Resolution No. 3791 on October 28, 1996; and WHEREAS, since 1962 the City of Orono has made a concerted effort to bring sewer to its nearly 40 miles of Lake Minnetonka shoreline, a majority of which has historically been developed residentially, with the result being that a high percentage of Orono's population resides in the defined Shoreland district, within 1000 feet of the Lake; and WHEREAS, one of the few shoreland areas remaining to be sewered is the northeast shore of Ma.\well Bay and the southeast shore o^ Stubbs Bay, a 1 55-acre area with shoreline length of approximately 1.2 miles, zoned for 2-acre minimum lot size; and WHEREAS, the existing residential subdivision known as "Farview" was developed in this area at a 2-acre density in the late 1970's. At that time Orono's septic system management program was in its infancy, and the level of expertise in the on-site industr>’ regarding soil conditions as they relate to septic sites was not well developed. As a lesult, the septic systems installed within this subdivision may not have the longevity of current mound systems, and the adequacy of the alternate drainfield sites is not assured, hence it would be prudent to plan ahead for the potential need to provide this subdivision with sewer; and WHEREAS, on April 13. 1998 the City Council granted preliminary plat approval for a 7-lot residential plat of a 17-acre parcel at the cast end of Maxwell Bay, known as "Little Orchard" and located within the area subject to this amendment. This portion of Maxwell Bay's shoreland. which includes the undeveloped portion of Noerenberg Park, is one of the most pristine Page 1 of 3 areas on the lake. The properly being developed has retained its natural character with an undisturbed wooded shoreline, which the developer has demonstrated a commitment to preserve by granting a woodland preser\'ation easement. While this property was initially intended to be served by septic systems, the City Council concluded in March 1998 that preser\'ation and protection of the natural features of the site and the Bay would be best accomplished by providing sewer to this development, with no increase above the density that could be accomplished using septic systems; and WHEREAS, the City Council subsequently directed that staff draft a Comprehensive Plan a- lendment incorporating the entire shoreline of Ma.xwell Bay within the MUSA because the abiliw to provide sewer if additional lakeshore development occurs, or if existing systems become a problem, will help to ensure the long-term protection of Lake Minnetonka; and WHEREAS, pursuant to legal notice, the Orono Planning Commission held a public hearing on the proposed amendment on May 18, 1998 to receive public comments regarding the proposed amendment, at which time all public comments were heard; and WHEREAS, the Orono Planning Commission on May 18, 1998 recommended approval of the proposed amendment on a vote of 5 to 0; and WHEREAS, on May 26, 1998, the City Council reviewed the draft amendment and directed staff to submit the amendment to Metropolitan Council; and WHEREAS, on June 26, 1998 Comprehensive Plan Amendment #7 was submitted to the Metropolitan Council for approval and written notice was sent to surrounding local units of government and other affected jurisdictions requesting written comment; and WHEREAS, no negative comments were received from the surrounding local units of government or other affected jurisdictions; and WHEREAS, on July 2, 1998 the Metropolitan Council completed its review of Comprehensive Plan Amendment #7 and detemiined that the proposed amendment is consistent with the Regional Blueprint, including the Regional Growth Strategy, and in conformance with metropolitan system plans; and WHEREAS, on July 2,1998 the Metropolitan Council indicated to the City via letter Pace 2 of 3 L. that the amendment may be placed into effect immediately. The Metropolitan Council further indicated that because the amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, further review of the amendment is waived. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby amends the Comprehensive Sew'er Policy Plan element of the Orono Community Management Plan by incorporating into the plan the document entitled "Comprehensive Plan Amendment #7, Maxwell Bay Area MUSA Boundary" dated June 1998, and adds part XXXI - Maxwell Bay Northeast to the Metropolitan Urban Service Area per the legal descriptions and maps attached hereto as Exhibit A, finding that: 1.The amendment meets the intent of the basic goals, objectives and policies set forth in the 1980 Comprehensive Management Plan. 2.The amendment is consistent with the goals, objectives, needs and desires of Orono residents. 3.The amendment is consistent with the planning goals and objectives of Orono's municipal neighbors. Adopted by the City Council of Orono, Minnesota this 9th day of November, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 3 of 3 R To: Lynda Voge, Referrals Coordinator Metropolitan Council Mears Park Centre 230 E. Fifth Street St. Paul, MN 55101-1634 City of Orono Comprehensive Plan Amendment No. 7 Maxwell Bay Area MUSA Boundary June, 1998 Information Summary for Comprehensive Plan Revisions and Plan Amendments This completed form should accompany each comprehensive plan revision or plan amendment submitted to the Metropolitan Council for review. The information submitted on this form is reviewed by Council stafTwithin 10 working days to determine if the comprehe.tsive plan or amendment is sufficiently complete for Council review purposes. SECTION 1; GENERAL INFORMATION A. B. Sponsoring Governmental Unit: Name of Local Contact Person: Address: Telephone Number: FAX Number: Date of Preparation: City of Orono Michael P. Gaffron, Senior PlanningCoordinator P.O. Box 66, Crystal Bay, MN 55323 (612) 473-7357 (612) 473-0510 June 10,1998 Type of submittal: [ ] Overall plan revision or update or [X] Plan amendment Name of amendment/brief description: Comprehensive Plan Amendment No. 7: Max^vell Bay Area MUSA Boundary Land use change (describe): No change in land use; the amendment u merely to expand the MUSA to allow provision of municipal sewer to both currently developed and undeveloped properties near and adjacent to Maxwell Bay, Lake Minnetonka. Size of affected area (in acres):155 acres ± MUSA Expansion? [ ] No [X] Yes. If yes, size of expansion (in acres): 155 acres ± Page 1 of 6 C. Please find attached seven (7) copies of the following: 1. 2. 3. 4. 5. Completed Information Summary’ for Comprehensive Plan Revisions and Plan Amendments (this form). Proposed plan amendment: background and description. City-wide map showing the location of the existing and proposed MUSA. Detail map of proposed MUSA expansion. Interceptor Ser\’ice Areas & Intercommunity Connections Map D.What is the official local status of the proposed plan revision or amendment? (Check all that apply.) [X] Acted upon by plaiming commission on May 18, 1998. X] Approved by governing body on May 26, 1998, contingent upon Metropolitan Council review. [ ] Considered, but not approved by governing body on (date). [ ] Other (please describe) E. List adjacent local governmental units and other jurisdictions (school districts, watershed districts, etc.) to which copies of the plan revision or amendment have been sent, and the date the copies were sent to them. (Required by Minn. Stat. 473.858, Subd. 2). Copy of proposed amendment was sent to the following jurisdictions on June 23,1998: Cities of Long Lake, Medina, Plymouth, Wayzata, Minnetonka Beach, Tonka Bay, Spring Park, Mound, Minnetrista, Independence, Maple Plain Minnehaha Creek Watershed District Lake Minnetonka Conservation District Orono School District No. 278 SECTION II: CONFORMITY WITH METROPOLITAN SYSTEM PLANS A. Transportation 1.Does this plan revision or amendment potentially increase existing trip generation (use Institute of Transportation Engineers trip-generation manual)? [X]No.. if no, SkipJQ [ ] Yes., if yes. What is the estimated average daily traffic increase?What is the estimated peak hour traffic increase? Page 2 of 6 5. 6. B. 1. 2. 3. 4. 5. 6. Is this proposed land use change located adjacent to a principal arterial or "A" minor arterial? [X] No [ ] Yes. please describe site access to the arterial, and whether location and spacing of the access is consistent with Access Spacing Guidelines Does the proposed plan revision or amendment positively or negatively affect pedestrian or bike systems? [X] No [ ] Yes., please describe the effects Wastewater Treatment Total flow for community based on existing plan; Year 2000: 0.68 million gallons/day (mgd) Year 2010: 0.72 million gallons/day (mgd) Total proposed flow for community, based on plan revision or amendment: Year 2000: 0.69 million gallons/day (mgd) Year 2010: 0.74 million gallons/day (mgd) If community discharges to more than one metropolitan interceptor,. icate which interceptor will be affected by the revision or amendment. All flows from the proposed 155-acre expansion are intended to be directed southeastward to the metro interceptor in South Old Crystal Bay Road which abuts the southeast corner of this area. This interceptor discharges to Metro Lift Station #59. Will flows be diverted from one interceptor service area to another? [X] No [ ] Yes., if yes, describe the change and volumes (mgd) involved Is any wastewater flow an intercommunity flow to an adjoining community's sanitary sewer system? [X]No [] Yes., if yes, enclose a copy of the inter-community agreement. None of the proposed additional flows are subject to intercommunity agreements. Has the community adopted a comprehensive program for the management of on-site septic systems? [ ]No [X] Yes [ ] Not Applicable., please explain Page 3 of 6 C. Aviation 1.Has the community adopted (in local codes/ordinances) a "notification" element to protect regional air-space? [X] No [ ] Yes A notification element will be added under the upcoming Comprehensive Plan Update/Revision. 2.Do the proposed changes in the plan revision or amendment involve areas within an airport influence area or airport search area? [X] No (If no, skip to D. Recreation Open Space) [ ] Yes., if yes, please answer "a" and "b" D. Recreation Open Space 1.Does the plan revision or proposed amendment affect existing or future federal, state or regional parks, park reserves or trails? [ X] No [ ] Yes., please describe: 2.Does the plan revision or amendment include a trail segment in, or a connection to a regional tr^il or park? [X] No I ] Yes III. IMPACT ON LAND USE A. Overall Comprehensive Plan Update/Revision If you are submitting a plan revision and you are using your own community's land use data, please attach copies of Worksheets A and B Tab 9 in the Handbook (Not Applicable) B. Plan Amendment Questions 1,2 and 3 below' apply to plan amendments involving a land use change and/or MUSA expansion area. 1.For the area in the amendment: a. Existing land uses in acres: 150 acres: Single Family Residential b. Proposed land uses in acres: 5 acres: Hennepin County Park No change Page 4 of 6 i .. ‘t! • • i 2.For residential use amendments: a. Number of residential dwelling units and types (single, multi-family) involved under existing plan: 30 existing single family homes 26 potential additional single family homes under proposed revision/amendment: No change b. Density under existing plan: Approximately 1 unit per 2.8 acres under proposed revision/amendment: No change c. Anticipated change in the number of students in the school system under proposed amendment/revision as compared to existing plan: No change as compared to existing plan 3. (N/A)(For commerciaL'industrial/inslitutional use amendments) C. Housing 1.Will the plan revision or amendment affect the availability of affordable or life-cycle housing in your community? [X] No (skip to D Environmental Resources) [ ] Yes.. please describe D. Environmental Resources 1.Will an Environmental Assessment Worksheet (EAW) be prepared for the plan revision or amendment? [X] No [ ] Yes., if yes, what is the schedule for completion of the EAW? 2.Does the plan revision or amendment affect a state or federal protected wetland? [X] No [ ] Yes., if yes, please include a map showing the location of the wetland. Describe the type of wetland affected and tell how it will be protected or how impacts will be mitigated. 3.Will the plan revision or amendment potentially affect the quality of any surface water body? [ ] No pC] Yes., if yes, identify water bodies affected and describe the impacts and planned efforts to protect the water body: The expansion of the MUSA will allow for the installation of municipal sewers, thereby removing potentially non-conforming septic systems from operation near Lake Minnetonka, and potentially enhancing the water quality of the Lake. Page 5 of 6 4. 5. 6. Does the plan revision or amendment affect any land in the Mississippi River Critical Area? [X] No [ ] Yes., if yes, briefly describe relationship to the Mississippi National River and Recreation Area Comprehensive Management Plan If the community has a municipal water supply system, does the local water supply plan meet the requirements of Chapter 186 of 1993 Session Laws? [ ] Not Applicable [ ] No [X ] Yes., if yes, will the proposed plan revision or plan amendment affect your water supply plan? [X] No [ ] Yes... If yes, how? Has the community adopted a local surface water management plan? [X] No., if no, has the community adopted the Council ’s Interim Strategy to Reduce Nonpoint Source Pollution to all Metropolitan Water Bodies? [ ]No [X] Yes., if yes, will the proposed plan revision or plan amendment affect your local surface water management plan? [X] No [ ] Yes if yes, how? IV. IMPLEMENTATION PROGRAM A. Will the plan revision or amendment require changes in zoning, subdivision, on-site sewer ordinances or other official controls? [X] No [ ] Yes If yes, when? Describe proposed changes: B. Has your community adopted a Capital Improvement Program (CIP) to implement the initial stages of the proposed plan or plan amendment? [X] No [ ] Yes If yes, what changes will be needed in your community's Capital Improvement Program to implement the plan revision or amendment? SUPPLEMENTAL INFORMATION ATTACHED 1. 2. 3. 4. 5. Proposed Amendment: Background and Description Legal Description City-wide Map: Current and Proposed MUSA Proposed MUSA Expansion - Detail Map Interceptor Service Areas and Intercommunity Connections Map Page 6 of 6 CITY OF ORONO COMPREHENSIVE PLAN AMENDMENT #7 MAXWELL BAY AREA MUSA BOUNDARY JUNE 1998 Background Since 1962 Orono has made a concerted effort to bring sewer to its nearly 40 miles of Lake Minnetonka shoreline. The many bays of Lake Minnetonka are separated by wooded hills which historically have developed residentially, and a high percentage of Orono's population resides in the defined Shoreland district, within 1000 feet of the Lake. One of the few shoreland areas remaining to be sewered is the northeast shore of Ma.xwell Bay. This stretch of shoreline, including the southeast comer of Stubbs Bay, is approximately 1.2 miles in length. This area has to date developed at relatively low densities, ranging from 1 unit per 2 acres to 1 unit per 10 acres. The current average lot width along the shoreline is approximately 400'. The entire stretch is zoned for 2-acre minimum lot size and is not currently within the MUSA. There is an existing residential subdivision ("Farview") that takes up a significant portion of this lakeshore area. The subdivision was developed at 2-acre density in the late 1970's. At that time the Cit> '‘ septic system management program was just getting started, and the level of expertise in the on-siio industry regarding soil conditions as they relate to septic sites was not well developed. The septic systems installed within this subdivision may not have the longevity of current mound systems, and the adequacy of the alternate drainfield sites is not assured. It would be pmdent to plan ahe.id for the potential need to provide this subdivision with sew’er. Tl ie City has granted preliminary approval for a proposed 7-lol residential plat of a 17-acre parcel at the east end of Maxwell Bay. This portion of the Bay, which includes the undeveloped portion of Noerenberg Park, is one of the most pristine areas on the lake. The parcel being subdivided has retained its natural character with an undisturbed wooded shoreline, which the developer has demonstrated a commitment to preserve. As the City Council reviewed this subdivision proposal, which initially was intended to be served by septic systems, discussion focused on preservation and protection of the natural features of the site and the bay, and on the City's ongoing plan to protect the lake by providing sew’er to the lakeshore area. This discussion lead to the suggestion that, as sew'er is available in the road adjacent to the property, it would make sense to provide this subdivision (and eventually the remaining Maxw'ell Bay shoreline) with sewer to minimize the impacts of development, and to fully protect the lakeshore. The City Council subsequently directed that staff proceed with a Comprehensive Plan amendment to bring the entire shoreline of Maxwell Bay into the MUSA (see attached maps). While the City currently has neither plans nor a schedule for expansion of the sewer system to ser\'e more than just Page 1 of2 # L the current 7-lot development, the ability to provide sewer if additional lakeshore development occurs, or if existing systems become a problem, will help to ensure the long-term protection of Lake Minnetonka. Description of Area Proposed for MUSA Inclusion This amendment consists of the incorporation of an additional 155 acres of land within the MUSA boundary. The area to be included in the MUSA is generally located west of Old Crystal Bay Road and South of Fox Street (see legal description attached). The entire 155-acre area is zoned LR-IA, Single Family Lakeshore Residential, requiring a minimum lot size of 2 acres. Existing development within the area is entirely single family homes, most developed at a density of 1 lot per 2-plus acres, with a few estate parcels of 5-20 acres each remaining for possible future development. To protect Lake Minnetonka from the negative impacts of development, Orono plans and intends that development of this area w ill occur at densities no greater than 1 dw'elling unit per 2 acres. • Local and Regional Goals It should be noted that w'hile Orono continues to develop pnmarily at residential densities which will ultimately serve to limit the impacts of development on Lake Minnetonka, the City is making further strides toward meeting a number of local and regional goals: Bonestroo and Associates is nearing completion of Orono's Comprehensive Surface Water Management Plan The Water Supply Plan has been submitted to Metropolitan Council for review Orono and a number of Lake Minnetonka area cities are sponsoring development of a Lake Minnetonka Sub-Regional Housing Plan to identify and address local and sub-regional housing issues and goals, including affordable and life-cycle housing needs and opportunities The Planning Commission and City Council are currently reviewing proposals for a number of life-cycle housing developments in the Navarre area of Orono, including a 30-unit townhome proposal on a 10-acre site along Shoreline Drive, and a 6-unit proposal for twinhomes on a 3-acre parcel on Shadywood Road Orono and Long Lake continue to work toward solving the myriad of redevelopment issues surrounding the Highway 12 Corridor slated for construction starting in 2002. The City is in the process of reviewing and updating the 1980 Orono Comprehensive Plan to meet State and regional mandates. Page 2 of2 City of Orono Comprehensive Plan Amendment No. 7 Maxwell Bay Area MUSA Boundarj’ Legal Description: PART XXXI - Maxwell Bav Northeast Commencing at the southwesterly comer of Lot 2, Block 1, Klitzkes Addition, said starting point being at the shoreline of Stubbs Bay, Lake Minnetonka; thence southwesterly along the shoreline of Stubbs Bay, southerly along the shoreline of the channel between Stubbs Bay and Maxwell Bay, and southeasterly along the along the northeast shoreline of Maxwell Bay to its intersection with a point in the south line of the north half of the southwest quarter of the northeast quarter of Section 9, T 117 N, R 23 \V; thence easterly along said south line to the centerline of Old Crystal Bay Road South; thence northerly along the centerline of Old Cr>'stal Bay Road South to its intersection with the centerline of Fox Street; thence westerly along the centerline of Fox Street to its intersection with the centerline of Leaf Street; thence northerly along the centerline of Leaf Street to a point on the easterly extension of the south line of Lot 3, Block 1, Fox Hollow; thence westerly along the south line of said Lot 3 to the southwest comer thereof; thence south along the east line of Lot 2, Block 1, Fox Hollow to the southeasterly comer thereof; thence west along the south line of said Lot 2 to the southeast comer of Lot 2, Block I, Klitzke's Addition; thence west along the south line of Lot 2, Block 1, Klitzke's Addition to the point of beginning, and there ending. • m ^^Metropolitan Council Working for the Region, Planning for the Future a July 2. 1998 Mr. Michael P. Gaffron Senior Planning Coordinator Cit>' of Orono P.O. Box 66 Cry stal Bay, MN 55323-0066 RE: Comprehensive Plan Amendment - Maxwell Bay Area MUSA Expansion Metropolitan Council File No. 16800-1 Metropolitan Council District 3 Dear Gaffron: Metropolitan Council staff has completed its review of the comprehensive plan amendment received by the Council on June 26, 1998. The proposed amendment is for a 155 acre MUSA expansion to allow provision of municipal sewer to both currently developed and undeveloped properties near and adjacent to Maxwell Pay, Lake Minnetonka. We I'.ave determined that the proposed amendment is consistent v ’th the Regional Blueprint, including the Regional Growth Strategy, and in conformance with metropolitan system plans. Therefore, the city may place the amendment into effect immediately. The plan amendment states that the current and expected density in the expansion area is approximately 1 unit per 2.8 acres. As the city prepares its 1998 Comprehensive Plan Update, it will need to plan for higher density- development (overall 3 units per acre) to be consistent with Council policies. Because the proptised amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Ctju.ncil will waive further review of this amendment. The amendment, explanatoiy materials supplied and the information submission form will be appended to the city’s plan in the Council ’s files. A copy of your plan amendment was sent to the Minnesota Department of Transportation (MnDOT). You may receive separate advisory- comments related to this plan amendment directly from MnDOT. This concludes the Council ’s rev iew, if you have any questions regarding this review, plcr.se contact Linda Milashius, principal reviewer, at 602-1541. Sincerely, Richard E. Thompson, Supervisor Comprehensive Planning cc: Mary Hill Smith, Metropolitan Council District 3 Don Bluhm, Linda Milashius. Lynda Voge, staff Sherrv Narusiewicz. MnDOT 0 Tom Caswell, Sector Representative 230 E.ist Fifth Strret Si P.iiil. Minn.s..i.i SSIOlIRM (6121291-6339 Fa.x29l-6550 TDD/TTY 291 09-Metro Info Line 229-3780 An Enunl Opfjttrumay Employt'r » • iCl^ Minnesota Department of Transportation Or S ------------------------------ Metropolitan Division Waters Edge 1500 West County Road B2 Roseville. MN 55113 July 21, 1998 Michael P. Gaffron, City Planning Coordinator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Michael Gaffron: SUBJECT: Maxwell Bay Area MUSA Boundary Mn/DOT Comprehensive Plan Amendment (Metropolitan Council Referral File 16800-1) Southwest Quadrant of Old Crystal Bay Road and Fox Street Orono, Hennepin County The Minnesota Department of Transportation (Mn/DOT) has reviewed the Maxwell Bay Area MUSA Boundary Comprehensive Plan Amendment. We have determined that the proposal is not adjacent to Mn/DOT right of way and that traffic impacts of the proposal will not significantly affect the state highway system. Please contact me at 582-1383 with any questions regarding this review. Sincerely, Lisa Christianson Transportation Planner/Local Government Liaison c: Lynda Voge, Metropolitan Council Transportation Ann Braden, Metropolitan Council Transportation An equal opportunity employer f 4 V « ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 (#*16) COMPREHENSIVE PLAN AMENDMENT - MUSA BOUNDARY EXPANSION Kelley moved, Flint seconded, to conditionally approve Comprehensive Plan Amendment #7 adding certain areas near Maxwell Bay, Lake Minnetonka to the defined Metropolitan Urban Service Area (MUSA) subject to review and comment by the Metropolitan Council, and direct staff to submit the amendment to the Metropolitan Council. Vote: Ayes 4, Nays 0. (#17) ZONING CODE AMENDMENT - ELIMINATE WETLAND CREDIT - ORDINANCE NO. 176, 2ND SERIES Discussed after Mayor/Council Report. MAYOR/COUNCIL REPORT Discussed after Park Commission Comments. ENGINEER REPORT (*18) APPROVE ENGINEERING FOR HIGHWAY 12/OLD CRYSTAL BAY ROAD TRAFFIC SIGNAL Kelley moved, Flint seconded, to approve the proposal from Bonestroo Engineers for design engineering and construction monitoring services for $1,900 for installation of left turn arrows at the Old Cr>'stal Bay Road/TH 12 Traffic Signal to be funded with Municipal Sate Aid funds. Vote: Ayes 4, Nays 0. (19) APPROVE ENGINEERING FOR HIGHWAY 12/OLD CRYSTAL BAY ROAD TRAFFIC SIGNAL Discussed after Item #17. (*20) REQUEST FOR PAYMENT - PUBLIC WORKS ENTRANCE CANOPY Kelley moved, Flint seconded, to approve the Request for Payment in the amount of $19,480 to Flag Builders Inc. for construction of the Public Works Entrance Canopy. Vote: Ayes 4, Na>s 0. A short recess was held. cr *—o 444 44 = = 33KSSH55SSsis3333S2S22 2 2 S 5 5 o 'o •q t; •?: oo oo ^ ^ ^ ^ 5?25?5J5?--25j?o^Jjg "°°°°'5-5o-5-5-5ooopco V) ^ S ,9 O o o o "o ■© T; -T: ^ =«: :it :|t ni:gSSsgselllllllllllllllllllllll W)c • ^ •TD C ei • .i drxV psi o ^ ^ O JD O c *ro o u SIo X X >c Oi u. ‘ 6 s ^ tp ®" 9 _ W) i-J ® -P -P o ^ oO ^ §3S iiiiL5ifijiLliifliii|fff|f // f« (fM9.il \ \ \ \ K'MpyM V.. <:ui^ ^_ferYLTI ^ « ■Trf- infellri u V \ s \ I r 71 5pmig Proposed MUSA Part XXXI Maxwell Bay Area 155 ACRES 30 EXISTING DWELLINGS POTENTIAL FOR 26 ADDITIONAL DWELLINGS UNDER CURRENT ZONING, AT A FINAL DENSITY OF 1 UNIT PER 2.8 ACRES REQUEST FOR COUNCIL ACTION COUNCIL r/.-iiViXwi {^Qy 9 1998 ClWC;"CP.0>;0 Date: November 4, 1998 Item No.: / ^ Department Approval: Name: Michael P. Gaffron Administrator Approval: Title: Senior Planning Coordinatordinator / Agenda Section: Zoning Item Description: Commercial/Industrial Park Fee - Administrative Procedure List of Exhibits A - Ordinance No. 173, Second Series B - Resolution No. 4064 Residential Park Fee Background In April 1998 Council adopted an eunendment to the park dedication ordinance and a companion resolution which established ma.ximum ($4900) and minimum ($2900) park dedication amounts per dwelling unit when applying the 8% land dedication rule. This made perfect sense for single family residential development. If ”8% of the Fair Market Value" is less than $2900, the park fee is set at $2900. If "8% of the Fair Market Value" is more than $4900, the park fee is capped at $4900. If "8% of the Fair Market Value" falls between $2900 and $4900, the 8% value is used. These figures seemed to be reasonable, in that most single family lots created in Orono have a pre-development Fair Market Value exceeding the $36,250 value that yields a $2900 park fee at 8%. As a result, few if any lots would be paying a park fee of more than 8% of their value. Commercial Park Fee: 10 Employees = 1 Residential Dwelling Unit The amendment then went on to establish that commercial/industrial subdivision park dedication requirements "will be tied to the residential dedication requirement by determining the number of employees that is equivalent to a residential dwelling unit in terms of impact on the City's park system." Resolution #4064 adopted April 13, 1998 establishes that ten (10) employees are equivalent to one dwelling unit, and further establishes for commercial/industrial property the minimum park dedication fee of $2,900 per 10 employees and a ma.ximum fee of $4,900 per 10 employees. The ordinance and resolution are worded such that the commercial/industrial park fee collected will be based on a minimum of $2900 per 'dwelling unit equivalent' and a maximum of $4900 per 'dwelling unit equivalent'. It does nol say that the park fee will be capped at 8% of the Fair Market Value. Commercial Park Fee - Administrative Procedures November 4, 1998 Page 2 A commercial parcel developed to accommodate a large number of employees could end up paying significantly more tlian 8% of its Fair Market Value. The same parcel developed for use by only a small number of employees could end up paying significantly less than 8%. Following are some examples of how this works: Example 1 If a $200,000 property will accommodate 50 employees, this is the impact equivalent of 5 dwelling units (5 DU's). Park Fee Based on 8% of Fair Market Value = 8% of $200,000 = $16,000 Minimum Park Fee Based on 5 DU Equivalents = 5 x $2,900 = $14,500 ( 7.25%) Maximum Park Fee Based on 5 DU Equivalents = 5 x $4,900 = $24,500 (12.25%) In this case the 8% fee falls between the minimum and maximum, and we would presumably collect $16,000. Example 2 If the same $200,000 property will accommodate 100 employees, this is the impact equivalent of 10 dwelling units. Park Fee Based on 8% of Fair Market Value = 8% of $200,000 = $16,000 Minimum Park Fee Based on 10 DU Equivalents = 10 x $2,900 = $29,000 (14.5%) Maximum Park Fee Based on 10 DU Equivalents = 10 x $4,900 = $49,000 (24.5%) We would have to raise the park fee from $16,000 to the $29,000 minimum, and the developer would pay a 14.5% park fee. Example 3 If the same $200,000 property will accommodate only 10 employees, this is the impact equivalent of 1 dwelling unit. Park Fee Based on 8% of Fair Market Value = 8% of $200,000 = $16,000 Minimum Park Fee Based on 1 DU Equivalent = 1 x $2,900 = $2,900 (1.45%) Maximum Park Fee Based on 1 DU Equivalent = 1 x $4,900 = $4,900 (2.45%) In this case, we would have to lower the park fee to the maximum allowable $4,900. Commercial Park Fee - Administrative Procedures November 4, 1998 Page 3 Determining Number of Employees The three examples indicate that the same parcel developed three different ways could generate three widely differing park fees. The problem is in determining how many employees to use for calculation purposes: *• There is no method for this established in the ordinance nor in the resolution. ► At the time of subdivision it may be impossible to determine what size or type of building is planned, much less how' many employees it will accommodate. ► The number of employees could fluctuate over time, or potentially increase from a low number used to calculate the park fee to a high number a few years later. ► Different uses of the same size building, have different employee needs. An office building may have a high employee count and few visitors, while the same size retail store would have few' employees but many visitors. The variety of allowed uses in each of our zoning districts could easily result in a variety of potential employee counts for a given building on a site. Alternatives to Consider A. Parking requirement basis. Once an actual building is proposed, its square footage and pr obable use are known. Since these two factors are normally used to generate the minimum parking requirement for a building, this could be directly equated to number of employees. A reduction factor for visitors w'ould be needed based on the type of use: Example 1: A 5,000 s.f. retail building would require about 28 parking stalls based on the zoning code. The employee parking needs might be 7 stalls, leaving 21 stalls for visitors. This would yield a 75% reduction factor for retail. Park fee w'ould be based on 7 employees. Example 2: A 5,000 s.f. office building would require about 20 stalls. The employee parking needs might be 15 stalls, leaving 5 stalls for visitors. This would yield a 25% reduction factor for office. Park fee would be based on 15 employees. A downside of this complex method is that it likely requires a delay in p ~\rk fee collection until the building permit is applied for, which may be months or years after the subdivision is completed. B. Acreage basis. A less complex method would be to establish that commercial or industrial properties will generate a certain number of employees per acre. This could be done simply as an average for all commercial/industrial uses; or a separate number could be established for each type of use, but again we would have to either know the intended use at the time of subdivision, or delay collection until a permit is issued. Use of an average number would be less defensible from the "rough proportionality" standpoint. Commercial Park Fee - Administrative Procedures November 4, 1998 Page 4 C. "Highest Use" basis. Rather than waiting to define the final use of a site, a "highest use" employee count could be established at the time of subdivision, based on the zoning standards for the site; i.e. determine the biggest building that could be built meeting all code standards, determine its probable employee count vith no reductions, and base the park fee on this number. The rationale for this is that the site likely will reach this employee count at some future time, even if not proposed initially for a high-employee use. The downside here is that the determination of "highest use" will be a somewhat rigorous exercise for staff to complete as compared to other methods, and could be subject to dispute. A less rigorous combination of alternatives B and C would be to simply define a "highest use" number of employees per acre for conunercial/industrial uses, which would then provide us an employee count to use for determining Dwelling Unit Equivalents. The greatest employee counts per acre are likely to be generated by office uses. Example:A 25,000 s.f. 2-story office building would require approximately 125 parking stalls and could fit on a 2-acre site while leaving 30-35% green space and meeting setback and yard requirements. This site would have an ultimate capacity of perhaps 100-110 employees, or roughly 50 employees per acre. Staff Recommendati on It might be appropriate to simply base the employee count on the "worst case" scenario for a site based on its highest potential use, knowing that its use could change at any future time without further subdivision nor opportunity to collect a greater park fee later. However, defining the "highest use" scenario for each site would be rigorous and could be subject to dispute. It would be much less rigorous to simply declare that commercial/industrial property should pay a park fee based on SO employees per acre (i.e. 5 dwelling unit equivalents per acre), using the 8% rule and maximum/minimum guidelines as in the examples on page 2. Council could consider appeals where the property owner can show that the site could not reasonably accommodate 50 employees per acre. COUNCIL ACTION REQUESTED Advise staff whether a standard employee count of 50 employees per acre should be established for administration of the commercial/industrial park fee ordinance. If so, direct staff to prepare a resolution for adoption. ?• •f • • ORDINANCE NO.__i23-» SECOND SERIES AN ORDINANCE TO AMEND MUNICIPAL CODE SECTION 11.62 REGARDING DEDICATION OF LANDS FOR PUBLIC USE FOR PARKS AND PLAYGROUNDS IN CONJUNCTION V\TTH CLASS II AND III SUBDIVISIONS The City Council of Orono ordains as follows: Section 1. Municipal Code Section 11.62 is hereby amended as follows: SEC. 11.62. PARKS AND PLAYGROUNDS, CLASS II AND lU SUBDIVISIONS. Subd. 1. Lands For Public Use. The City fmds that when land is subdivided, including a plarmed residential development or a planned unit development, the resulting additional housing units or commercial/industrial buildings have an impact on the City's park system. Therefore, pursuant to Minnesota Statutes, (1989), Section 462.358, subd. 2b, the City requires all persons, corporations or other legal entities that subdivide land within the City of Orono; as a prerequisite to app-c val of a lot division, final plat, planned residential development or planned unit development; to convey to the City or dedicate to the public, for use as parks, playgrounds, trails, or open space, a given percentage of the land being platted or developed as hereinafter specified, said portions to be approved by the City. In lieu thereof, the subdivider shall, at the option of the City pay to Ae City, for use in the acquisition, development or improvement of public parks, playgrounds, trails, wetlands or open spaces and debt retirement in connection with the foregoing, an equivalent amount in cash based upon the fair market value of the land to be developed. The form of contribution (cash or land, or any combination thereof) shall be decided by the City Council based upon the need and conformance with the Comprehensive Plan. The amount of the dedication requirement shall be roughly proportional to the impact of the subdivision on the City's park system. Subd. 2. Dedicated Land Requirements. Any land to be dedicated as a requirement of this Section shall be reasonably adaptable for the above public purposes. Factors used in evaluating the adequacy of proposed dedicated areas shall include size, shape, topography, drainage, geology, tree cover, access and location. Subd. 3. Land Dedication Minimum Area. Subdividers shall be required to dedicate to the Cr'for parks, playgrounds, trails, open spaces and other public purposes as a minimum that pcicentage of gross Itmd area, or other such amount as may be determined by the City Council, as set fotv below; A. Residential/agricultural/multiple residential zoned land. Dedication requirement of 8% of the land being platted or subdivided. The dedication required shall be roughly proportional to the projected impact of the proposed development on the City's park system. Because of the vastly differing land values in Orono, the 8% park dedication requirement could result in park dedication requirements that are either significantly greater than or sigmficantly less than the amount which is roughly proportional to the impact of the proposed development on the City’s park system. Periodically, therefore, the City will establish both a maximum and minimum park dedication amount per dwelling unit based on an updated projection of the cost of the City’s park systern, and the proportionate share of this projected cost to be borne by new dwelling umts in Orono. This will be done by a resolution of the City Council. B. Comir.ercial/industrial zoned land. Dedication requirement of 8% of the land being platted or subdivided. *l he dedication required shall be roughly proportional to the projected impact of the proposed development on the City's park system. The City' finds that the employees of commercial/industrial developments in the City make use of the City’s park system, particularly trails and natural areas. Because the City’s park system is focused on trails and natural areas versus active community parks and ballfields, commercial/industrial employees use the City’s park system in ways similar to City residents. Therefore, the commercial/industrial dedication requirement will be tied to the residential dedication requirement by determining the number of employees that is equivalent to a residential dwelling unit in terms of impact on the City's park system. Periodically the City' will establish both a maximum and minimum park dedication amount per employee based on this determination and the determination of the residential dedication requirernent as set out in Paragraph A of Subdivision 3. This will be done by resolution of the City' Council. C. Because the City of Orono’s park system is focused on trails and nat^l open space areas, the City does not have a broad system of neighborhood parks. If a subdivision is planned to be served by a neighborhood park, this subdivision will receive a greater benefit from the City’s park system than that received by the general population. Therefore, the maximuin p^k dedication amount as determined in Paragraph A may be exceeded up to the full 8% dedication requirement in the case of a subdivision that is planned to be served by a neighborhood park. Subd. 4. Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the subdivider, in lieu of a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. Tl.; City shall account for such fiinds in a special fund named Park Dedication Funds. These fimds are to be used only for the acquisitior^ development and improvement of public parks, playgrounds, trails, wetlands, or open spaces, ?n debt retirement in cormection with the foregoing. Subd. 5. Fair Market Value of Lands. "Fair Market Value" for purposes of this Code shall be the land pre-development value to be determined by the City’ Council as of the time o preliminary plat application in accordance w'ith the following: A. The City Assessor shall recommend to d.e City Council as to tlie fair market value of the land after consultation with the subdivider. B. If agreement is not reached between the City Assessor and subdivider, then the fair market value shall be determined in accordance with the following: 1. Fair market value as deterr lined by the City Council based upon a current appraisal submitted to the City by the subdivider, a', his expense. The appraisal shall be made by appraisers who are approved members of SREA ci MAI, or equivalent real estate societies. 2. If the City disputes su:h appraisal amounts, it may obtain an appraisal of the property by a qualified real estate appraiser which the City Council selects and which appraisal may be accepted by the City as being an ac .urate appraisal at fair market value. The cost of the appraisal shall be paid by the subdivider. 3. The subdivider may appeal any final determination of fair market value as provided by Minnesota Statute Section 462.361. C. The determinatio.t of fair market value of the undeveloped land by the City Assessor, City Council, or designated appraisers, shall be determined at the time of preliminary subdivision approval provided tha'. there is final plat approval within the time limits as set forth in this chapter. The time of prelimi* lary plat approval is utilized because the nature of the subdivision, its probable population, lot size and value, and other relevant factors are known. If an extension of the time limits in this chapt.T is approved by the City Council, the fair market value shall determined as of the time of che approval of that extension. In determining the fair market value t of time of preliminary' pl?i application, or the extension thereof, the factors to be included in the analysis shall include a.'.y and all factors which are generally accepted and used by approved members of SREA or fvlAI or equivalent real estate appraisal societies. Subd. 6. Development ofLand Previously Platted. (Repealed per Ordinance #89, Second series, adopted October 8,1990.) Subd 7. Future Subdivision. Any land which is further subdivided, divided or replatted or applied for 'juch subsequent to May 1,1990, shall be subject to the requirements of the ordinance then in eMect concerning dedication of land for public purposes, and credit shall be given for any charge.s previously imposed upon that land if the subdivider can prove that fees were previously paid. In no event shall the City be liable for any payment which n.;y be due because of a suosequent reduction in the application percentage of land or equivalent market value in cash to be dedicated. Subd. 8. Administrative Procedures. The City Council shall establish such administrative procedures as they may deem necessary or appropriate to implement the provisions of this section of the Code. f ( Section 2. Adoption and publication.. This ordinance shall be effective after the date of approval and publication. Adopted by the City Council of Orono, Mirmesota on tins 13 th day of April, 1998 by a vote of 5 ayes and o nays. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. A 0 6 “■ A RESOLUTION ESTABLISHING MLNIMUM AND MAXIMUM PARK DEDICATION AMOUNTS FOR COMMERCIAL/LNDUSTRIAL ZONTD LAND WHEREAS, the City's general park dedication requirement is 8% of the land being platted or subdivided; and WHEREAS, the City's park dedication ordinance calls for the dedication requirement to be roughly proportional to the projected impact of the proposed development on the City's park system; and WHEREAS, the City's park dedication ordinance provides for the establishment of minimum and maximum park dedication amounts per residential dwelling umt; and WHEREAS, the City finds the employees of commercial/industrial developments make use of the City's park system in ways similar to City residents, particularly since the City s park system is focused on trails and natural areas; and WHEREAS, the City's park dedication ordinance ties the commercial/industrial park dedication requirement to the residential park dedication requirement by determining the number of comnierciaJ/industrial employees that is equivalent to a residential dwelling umt in terms of impact on the City’s park system; and WHEREAS, the City finds that ten employees are equivalent to one residential dwelling unit in terms of impact on the park system; and WHEREAS, the City has established a minimum park dedication amount pr ■residential dwelling uriit as $2,900 per unit, and a maximum park dedication amount per-dwelling unit as $4,900 per unit. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby establish the minimum park dedication amount for commercial/industrial zoned land as $2,900 per each ten employees, and the maximum park dedication amount as $4,900 per each ten employees. Page 1 of 2 REQUEST FOR COUNCIL ACTION Date: Item No. COUNCIL MiLb I i.w MOV Q CITYCFORCNO November 6,1998 // Department Approval: Name: Michael P. Gaffron ''7^ Title: Senior Planning Coordinator Administrator Approval:Agenda Section: Zoning Item Description: #2341 - Dan Anderson - Lot 5, Little Orchard Request to Revise Easement Legal Description List of Exhibits A - Proposed House Location Sketch (As staked as of 11-6-98 9:00 am) B - Overlay onto Staff Easement Proposal of 10-23-98 C- " " Surveyor ................................. D - Technically Correct "Top of Bluff and 30' Setback Line E - Memo and Exhibits of October 23, 1998 October 26 Council Action On October 26 Council reviewed the information provided by staff and the developer regarding the location of the existing easement boundary in relation to the defined 'top of bluff. Council tabled the request for two weeks in order that the developer could stake the site to depict the proposed house location in relation to the top of bluff, with the intent that Council members visit the site prior to the next meeting. Where is the Top of Bluff? Exhibit D depicts the technically correct "top of bluff location in staffs opinion. The critical points were located based on the new topographic survey and slopes calculated by m'^asuring between each contour line along the cross section. This exhibit also show s the technically correct location of the 30’ setback from "top of bluff . Staff does not agree with the surveyor ’s depictions of "top of bluff shown in Exhibits A and C and staked in the field today, because they do not reflect the slopes between individual contours and appear to have gaps in information at certain critical points. The difference between staffs "lop of bluff and 30’ bluff setback depiction, and that of the applicant's sur\'eyor, is significant, ranging from as little as less than a foot to nearly 18 feet. Unfortunately, the greatest difference occurs where it has a severe impact on the proposed house location. #2341 - Little Orchard Easement November 6,1998 Page 2 Easement Location Relationship to Top of Bluff The intent of locating the easement line as originally accepted last summer was two-fold: 1. It was located so as to be at least 30' setback from top of bluff as roughly defined in the field and per the old topography. 2. It more or less followed the old field fenceline, beyond which trees exist which we intended (and still intend) to presers'e. The new topographic information tells us that the newly defined top of bluff is more than 30' downhill from the existing easement line. We could, therefore, move the easement downhill if the tree preservation goal will still be met. In staffs opinion that goal will not be met by defining the easement boundary at the 30' bluff setback line depicted by applicant's surveyor. This line would allow removal of or grading near 5 mature trees uphill from the old field road. Our goal will be marginally met by defining the easement boundary as the line labeled "Staffs Proposed Easement" on Exhibit C of the October 23 memo; however, this line still would allow removal of the two medium sized maples and allow grading near the 36" oak. Our tree preservation goal would be best met by establishing an easement boundary* that encompasses all existing trees we want to preserve, and that will allow no structures within 10 feet of those trees; i.e. establish the easement line at least 10' from those trees, as well as at least 30' uphill from the technically defined top of bluff. Easement Language The Tree, Woodland and Vegetation Preservation Easement as granted last summer has the following impacts on the 'Protected Area' in question: 1. 2 3. 4. 5. 6. Prohibits structures except for lake access stairway or lift. Prohibits removal of any tree over 6" diameter without City approval. Allows trimming or topping of trees without City approval. Requires vegetative ground cover to be maintained. Allows no topographic changes without City approval (since the code-defined 'bluft impact zone' is only 20' uphill from the defined top of bluff, while the setback for structures is 30'. staff concluded that grading would be allowed 10' lakeward of the easement line). Prohibits fences, play structures, decks, accessory buildings, etc. Applicant has no apparent intent to revise tlie easement language, #2341 - Little Orchard Easement November 6,1998 Page 3 Easement Relocation vs. Variance At the October 26 meeting 1 indicated that a compromise was likely possible in regards to the easement location. Council has the ability to redefine the easement boundary wherever you see fit; however, you cannot arbitrarily establish the 'top of the bluff at a location other than the technically correct location arrived at based on the code definition. Therefore, placement of the house at a location less than 30 ’ from the defined 'top of bluff would require a variance regardless of where you choose to locate the easement boundaiy. If the final proposed house location requires a variance for setback from top of bluff. Council may wish to indicate to applicant w hether a variance would be granted if a hardship is shown. As of my site inspection with Kyle Hunt at 9:00 a.m. on November 6 the house was staked as shown on Exhibit A. The technically correct 'top of bluff is not shown on Exhibit A nor was it staked in the field this morning. This proposed house location jeapordizes the 36" oak tree as well as the two maplesf?) that are close together. This location also requires a variance to the bluff setback based on staffs top-of-bluff depiction. Mr. Hunt agreed that the house should shift to better protect the trees. He indicated he may be submitting a revised plan from that staked in the field. That plan has not been submitted as of this w ritinu, but may arrive in time to include in this packet. Staff Recommendation The bluff setback issue is difficult to deal with, since a variance for new construction will require a Council conclusion that a hardship exists. Council should visit the site with Mr. Hunt to visualize the impacts the house location w ill have on existing trees, and to help you in determining whether a variance application might meet with success. Staff recommends that an easement be retained that will meet the City's tree preservation goals. It is not necessary that the easement boundaiy match the technically defined 30' top of bluff setback line, but it should not be downhill from that line. It should be located at least 10' from any trees you want protected. COUNCIL ACTION REQUESTED Review the new^ information and provide staff with direction as to relocation of the easement boundary. LI/I / V/ / / hn pip (\ o. IL BimirannK •nK MaUiiniTi •ItITIiTi •IrtITiTt ^•11 iri guDHra 5? M.**' uj n O' UI4 •riUTiTfrSTSX«l 7^ H7T7V5 B9 pi rtiran •lira t/>z •iiiin •iuirt J. ■ . -----------not at ihis point <;reated emiption ol the easement. When faced with -he spectre o ' motivation) to revise the however, staff suggested that the builder may wish Xve a ! “Pographic information', in AuSTp-ember" p'~ DurinTtt Wa: dlsTu";.^ '7 "as incorrectly ,oc.rted. oposraphy, depicting a proposed new. easemenrhne, Bluff Cross Section Analysis The submitted cross-sections prove a number of points- The slopes are complex in nature. determining tChop oSff!‘'^'''“*' threshold used for ^ c^£T.ir'■ the easement^ Provided^s^gn^ficamVo^^^^^ documentc in scattered mature trees between the field rmd i?”r ^ steeper slopes but ih construction to be as much as 30 ’ back from the f” * This forced anv in the open field. ^ some locations, i.e. out known, the westerlv 1/4 nftk« I . u x, the definition of bluff In tha- location the f ° demarcation for defining the ’top of bluff to T °"S'nally chosen as the line. This was done for the sake of comenie ^nstment to the west lot straight boundary. pro\ ide a relatively I have reviewed the submitted cros-c-section^- and dlco • , . sur.'eyor as ’top of blu.fi’ locations. An analvL’s of hfrio'''- ’’ di^Yent results than the computer generated section- Uvli?' •' ^ h corrections b> staff does yield a ’top of bluff seih analysis nearer the lake than the current easement line. Sce^lxhibits B ti 7c •iira Bnin BXVSTi BITiTS ffiliililiTn Blililia Liiinn Bills BMHTS BllS rails BliVS airs r COUNCIL ME5TINQ ^ov 9 1998 REQUEST FOR COUNCIL ACTION c/Tvr:-cnoMo Date: November 6, 1998 Item No. Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: Extend LR-1C-1 Moratorium Ordinance #175, 2nd Series, adopted May 11, 1998 established a 190-day moratorium on the granting of applications which would make use of the LR-lC-1 50% increase in dwelling unit density. That moratorium expires November 16 unless Council renews it on November 9. Since the study of this topic has not been complete-"', staff recommends that the moratorium be extended 180 days. A copy Ordinance #175, 2nd Series is attached. Staff will present an ordinance to extend the moratorium at Monday's meeting. Council Action Requested Adopt an extension to the moratorium established in Ordinance #175,2nd Series. ORDINANCE # 175.2ND SERIES AN ORDINANCE ADOPTING AN INTERIM MORATORIUM ON THE GRANTING OF CREDITS ALLOWING A 50% INCREASE IN DWELLING UNIT DENSITY IN THE LR-lC-1 DISTRICT The City Council of Orono does ordain: SECTION 1. Statement oi Policy. The purpose of Orono Municipal Code Ciapter 10 is to provide for the orderly development of residential properties so as not to unreasonably conflict with the current residential character of the City. The City is concerned that its current regulations in Section 10.26, Subd. 3 related to a credit allov^ing a 50% increase in dwelling unit density and the LR-lC-l zoning district are rot adequate to ensure this. SECTION 2. Interim Moratorium. The City needs time to conduct a study to determine whether new regulations are needed; and, if so, to develop and adopt new regulations. To enable time for tliis process, the City Council finds it necessary to impose a 190 day moratorium pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of applications pursuant to Section 10.26, Subd. 3 in the LR-lC-1 District. SECTION 3. Effective Date. This ordinance shall be effective as of May 11, 1998. Adopted by the City Council of Orono on this 11th day of May, 1998, by a vote of ayes and 0 nays. ATTEST: (/jl Linda S. Vee, City Clerk Published in the Laker and Pioneer newspapers the week of June 6, 1998. ORDINANCE #, 2ND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF CREDITS ALLOWING A 50% INCREASE IN DWELLING UNIT DENSITY IN THE LR-lC-1 DISTRICT The City Council of Orono does ordain: SECTION 1. Statement of Policy. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of residential properties so as not to unreasonably conflict with the current residential character of the City. The City is concerned that its current regulations in Ic i 10.26, Subd. 3 related to a credit allowing a 50% increase in dwelling unit density and the LR-lC-1 zoning district are not adequate to ensure this. The City Council determined that time was needed to conduct a study to determine whether new regulations are needed; and, if so, to develop and adopt new regulations. SECTION 2. Extension of Interim Moratorium. To allow time for the study defined in Section 1 the City Council imposed a 190 day moratorium pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of applications pursuant to Section 10.26, Subd. 3 in the LR-lC-1 District. The initial moratorium is set to expire on Tuesday, November 17, 1998. Because the City has not yet completed the study which may result in ordinance revisions, it is necessary to extend the moratorium to .May 15, 1999. SECTION 3. Effective Date. This ordinance shall be effective upon publication. Adopted by the City Council of Orono on this 9lh day of November, 1998, by a vote ayes and____nays. Gabriel .tabbour, Mavor AITEST: Linda S. Vee, Citv Clerk > COUNCIL NOV 9 1998 REQUEST FOR COUNCIL ACTION f -f •. DATE: November 9, 1998 ITEM NO.: j 3 Depaitmeii., Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Request for Payment ff9, Bracketts Point/Bay Ridge Sanitary Sewer Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment COUNCIL ACTION REQUESTED: Motion to approve Request for Payment #9, Bracketts Point/Bay Ridge Sanitary Sewer Project to Barbarossa & Sons in the amount of $17,732.51 t Bonestroo Andcrii(&1 l/>^iCfri4A/tNttcu Owner:City of Orono. P.O Box 66. Crvstal Bav. MN 55323 Date:October 30. 1998 For Period:Aueust 19. 1998 to October 30. 1998 Request No;9 Contractor:BarbarossaA Sons. P.O. Box 367. Osseo. MN 55356 REQUEST FOR PA\’MENT BAY RDXiE AND BRACKETTS POINT SANITARY SEWER D-IPROVEMENTS File No. 139-98-090 SUMMARY 1 Original Contract Amount 2 Change Order • Addition Change Order • Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned 8 Less Retainage S% 9 Subtotal ;0 Less Amount Paid Previously 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 3 4 5 6 7 $ S 55.538.00 $ S $ s s s s s Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: BARBAROSSA & SONS INC Approved by Owner CITY OF ORONO Specified Contract Completion Date:Date: l:M39\13990\r«qu*st9. vU2 523.740.00 579.278.00 522.294.65 0.00 522.294.65 26.114.73 496.179.92 478.447.41 17.732.51 i No. 3 4 5 6 7 S 9 10 11 12 13 14 14A 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Item 8 ‘ PVC. SDR 35. O'- 8' deep in place S- PVC. SDR 35. 8'- 10' deep in place S- PVC. SDR 35. 10'- 12'deep in place 8 * PVC. SDR 35. 12'- 14' deep in place 3 " PVC. SDR 35. 14 - 16' deep in place 8" PVC. SDR 35. 16'- 18* deep in place 8“ PVC. SDR 26. 12'-14' deep in place 8- PVC. SDR 26. 14'. 16' deep in place 8- PVC. SDR 26. 16'-18' deep in place 8" DIP, 8'- 10’ deep in place 8- DIP. 14'- 16' deep in place Std. NIH 8’ dp.. 4’ dii. w/R1642B cstg. MH depth greater than 8’ deep Foxe main access manhole Outside drop Directional bore 8“ HDPESDR 17 3- HDPE. SDR 11 Directional bore 3" HDPE SDR 11 Connect S" HDPE to exist. MCES FNl stub Conr.cct 3" HDPE into existing manhole Lightweight aggregate 3" X 2 " HDPE tee with cap 2" X 1-1/2 " HDPE reducer 3“ X 45 degree HDPE bend S" X 4’’ PVC ser\ ice wye branch 8- X 2 ” wye 4" PVC ser%'ice pipe in place, SDR 26 4" PVC service riser pipe in place. SDR 26 '/■' HDPE service pipe directional bore 1-1/2" HDPE service pipe directional bore Improved pipe fdn. in 6* increment depth Mechanical trench compaction Insulation Sanitary sewer television inspection Submersible Pump Lift Station 1 Submersible Pump Lift Sliiion I Tr.al Part 1 - Sanitary Sewer Contract Unit Quantity Amount ait Quantity Price to Date to Date .F 975 31.00 823 25.513.00 -F 547 32.00 511 16.352.00 831 33.00 1237 40.821.00 JF 582 34.00 581 19.754.00 JF 95 35.00 55 1.925.00 S 50 36.00 76 2.736.00 41 36.00 10 360.00 .F 82 37.00 150 5.550.00 LF 210 33.00 170 6.460.00 LF 20 50.00 20 1.000.00 LF 12 54.00 4 216.00 EA 17 1.700.00 15 25.500.00 LF 39.4 85.00 43.3 3.680.50 EA 1 2.000.00 1 2.000.00 LF 8.2 300.00 4.1 1.230.00 LF 630 29.00 624 18.096.00 LF 1.815 20.00 1772 35.440.00 LF 184 24.00 184 4.416.00 EA 1 3.000.00 1 3.000.00 EA 1 1.000.00 1 1.000.00 LF 1.010 30.00 1010 30.300.00 EA 1 50.00 EA 1 25.00 EA 5 30.00 2 60.00 EA 22 30.00 26 780.00 EA 1 50.00 LF 850 20.00 653 13.060.00 LF 35 20.00 - LF 300 24.00 300 7.200.00 LF 120 24.00 60 1.440.00 LF 1.950 3.00 1000 3.000.00 LF 1.950 1.00 2144 2.144.00 SY 20 20.00 11 220.00 LF 4.075 0.60 4043 2.425.80 LS 1 40.000.00 1 40.000.00 LS 1 40.000.00 1 40.000 00 S355.679.30 l;\t 39\13990\xequesl9.wb2 r Part 2 • RestoratioD 36 Bituminous surfacing removal 37 Common excavation 33 Class 5 aggregate base (100% crushed) 39 Type 31 bituminous base course 40 Type 41A bituminous wearing course 4 1 Ceotextile fabric 42 Bituminous material for tack coat 43 Bituminous street patching 44 Clearing ind grubbing 45 Sawcut bituminous 46 Bituminous driveway restoration 47 Concrete driveway restoration 48 27* diam. catch basin with casting 49 Remove existing CMP culvert 50 Furnish and install IS* CMP culven 51 15*CMPnaredend 52 Boulder retaining wall 53 Sod with 4* topsoil 54 Seed with topsoil, mulch and fertilizer 55 Erosion control fence 56 Wild flower seeding 57 Furnish and plant Evergreen Tree (Blue Spruce) 6' high 58 Furnish and plant shade tree (Sugar Maple) 4" diameter 59 Remove and replace wood or chain link fence 60 Remove and transplant bushes 61 Remove and transplant tree • Desiduous 62 Remove and transplant tree - Coniferous Total Part 2 • Restoration SY 4.000 1.50 4000 6.000.00 CY 2.100 3.50 808 2.828.00 TN 2.500 9.00 1746 15.714.00 TN 600 28.50 599 17.071.50 TN 600 29.00 538.7 17.072.30 SY 4.700 1.25 2687 3.358.75 GL 300 1.20 250 300.00 SY 700 6.75 700 4.725.00 LS 1 5.000.00 1 5.000.00 LF 100 6.00 SY 600 6.75 SF 100 10.00 EA 1 1,000.00 1 1,000.00 LF 150 5.00 65 325.00 LF 150 20.00 53 1.060.00 EA 4 150.00 SF 80 14.00 66 924.00 SY 13,000 2.00 10662 21.324.00 AC 0.4 3.280.00 0.11 360.80 LF 1.000 2.00 590 1.180.00 SF 800 0.30 EA 20 220.00 9.5 2.09C.0O EA 20 600.00 8 4.800.00 LF 300 16.00 97 1.552.00 EA 40 50.00 6 300.00 EA 15 300.00 2 600.00 EA 15 300.00 - S 107.585.35 Change Order No. 1 ADD Residentail simple grinder pump stations Total Alternate No. 2 1 3.600.00 3.600.00 $3,600.00 l:\139M 3990\r«quast9,wb2 ▼ Alternate No. 3 Bid - Directional Bore 8" HDPE MH-1 toMH-9 ADD 65 Directional bore 8" KDP. SDR 17 DEDUCT 66 8" PVC. SDR 35. lO'-12 ’ deep 67 8" PVC. SDR 35. 12 ’-14' deep 68 8" PVC. SDR 35. I4 ’-16- deep 69 8" PVC. SDR 35. 16--18' deep 70 Lightweight aggregate Total deduct LF 1010 90.00 1010 90.900.00 LF -400 33.00 -400 (13.200.00) LF -515 34.00 -515 (17.510.00) LF -45 35.00 -45 (1.575.00) LF -50 36.00 -50 (1.800.00) LF -1010 30.00 -610 (18.300.00) ($52,385.00) Total Alternate No. 3 Change Order No. 1 $38,515.00 Total Total Change Order No. 1 17 Directional bore 3" HDPE, SDR 11 LF 783 24.00 691 16.584.00 65 Directional bore 8* HDPE, SDR 17 LF 446 90.00 376 33,840.00 67 8- PVC. SDR 35. 12 -14’deep LF • 115 34.00 115 3.910.00 68 8" PVC. SDR 35. 14'. 16-deep LF 5 35.00 5 175.00 70 Lightweight aggregate LF 40 30.00 40 1.200.00 Total $55,709.00 DEDU(rr 1 8" PVC. SDR 35.0*-8* deep LF -253 31.00 -253 (7.843.00) 16 3" HDPE. SDR 11 LF -783 20.00 -783 (15.660.00) 66 8" PVC. SDR 35. 10'-12'deep LF -435 33.00 -435 (14.355.00) 69 8" PVC. SDR 35.16-IS-deep LF -26 36.00 -26 (936.00) ($38,794.00) $59,030.00 Total Part 1 - Sanitary Sewer Total Part 2 - Restoration Total Change Order No. 1 Total Work Completed to Date $355,679.30 $107,585.35 $59,030.00 $522,294.65 I At 39\13990\re<tuest9.wb2 PROJECT PAYMENT STATUS Owner CFTYOFORONO Project No. 139-98-090 File No. 139-98-090 Contractor BARB.^OSSA & SONS INC CHANGE ORDERS No.Date Description Amount 1 08/19/97 Changes due to unstable soils encountered 55.538.00 2 3 Total Change Orders $55,538.00 PAYMENT SUMMARY Material on Hand 1 Start 09/03/97 117.259.45 6.171.55 123.431.00 2 09/03/97 10/06/97 167.485.24 14.986.56 299.731.25 3 10/06/97 10/15/97 94.305.55 19.950.01 399.000.25 4 10/15/97 11/04/97 24.270.12 21,227.39 424.547.75 5 11/04/97 12/02/97 28.075 35 22.705.04 454.100.75 6 12/02/97 02/17/93 8.899.60 23.173.44 463.468.75 7 02/17/98 07/07/98 21.648.41 24.312.83 486.256.55 8 07/07/98 08/19/98 16.503.69 25.181.44 503.628.85 9 08/19/98 10/30/98 17.732.51 26.114.73 522.294.65 10 Total Pavmcnt to Date $4%. 179 92 Original Contract $523,740.00 Retainagc, Payment No. 9 26.114.73 Change Orders 55.538.00 Total Amount Earned $522,294.65 Revised Contract $579,278.00 l:\139M 3990Vrequest9.wb2 COUNCIL MEHTINQ WOV 9 1998 REQUEST FOR COUNCIL ACTION qh q ^on O DATE; November 9, 1998 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: LX Agenda Section: Engineer's Report Item Description: Request for Payment #11, North Long Lake Sanuary Sewer Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment. COLTVCIL ACTION REQUESTED: Motion to approve Request for Payment #11, North Long Lake Sanitar}' Sewer Project to Barbarossa & Sons in the amount of $18,380.12 ft ,h Bonestroo ^Rosene 1 Cn9inctri Owner:City of Orono. P.O. Box 66. Crvstal Ba-.. MN 55323-0066 Date:October 30. 1998 For Period:August 19. 1998 to October 30.1998 Request No:11 Contractor:Barbarossa & Sons. P.O. Box 367. Osseo. MN 55369 REQUEST FOR PAYMENT NORTH LONG LAKE AND LONG LAKE COUNTRY CLUB SANITARY SEWTR IMPROVEMENTS File No. 139-93-088 SUMNURY I Original Contract Amount Change Order • Addition Change Order • Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned S Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously II AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 3 4 3 6 7 $ $ 85.844.00 737.00 s $ $ s $ s s s Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCLATES, INC. Approved by Contractor: BARBAROSSA & SONS INC Approved by Owner; CITY OF ORONO Specified Contract Completion Date:Date: l:\139\ 139S8\request i I .wb2 874.930.01 960.037.01 930.818.70 0.00 930.818.70 46.540.94 834.277.76 865.807.64 18.380.12 No. Item 1 8" r’VC. SDR 35. O’- 8’ deep in place 2 S ’ PVC. SDR 35. S’- 10’ deep in place 3 8 ” P”C. SDR 35. 10 - 12’ deep in place 4 8” PVC. SDR 35. 12’- 14’deep in place 5 8 ’ PVC. SDR 35. 14’- 16’ deep in place 6 S" PVC. SDR 35. 16’- 18’ deep in place 7 S ’ PVC. SDR 26. 14’- 16’ deep in place 8 8” PVC. SDR 26. 16’- 18’ deep in place 9 8 ’DIP. 10’-12’deep in place 10 8“ DIP. 16’- 18’ deep in place 11 St .1. MH 8’ dp.. 4’ dia., W/R1642B cstg. 12 M H depth greater than 8' deep 13 Directional bore 4“ HDPE SDR 17 14 4’• HDPE. SDR 17 15 Air release manhole 16 1-1 /2” curb stop and box 17 Connect 4” HDPE into existing manhole 18 4” 45 degree HDPE bend 19 4” tee with cap 20 4" X 2 ” HDPE tee 21 4 ” .X V’HDPE tee 22 2” X 1-1/2" HDPE reducer 23 2•• X 45 degree HDPE bend 24 4" X 2" wye 25 8" X 4" PVC service wye branch 26 8" X 2" wye 27 2" X 1-1/2" reducer 28 4" PVC service pipe in place. SDR 26 29 4" PVC service riser pipe in place. SDR 26 30 4■’ HDPE service pipe directional bore 31 1-1/2" HDPE service pipe directional bore 32 Improved pipe fdn. in 6" increment depth 33 Mechanical trench compaction 34 Insulation 35 Sanitary sewer television inspection 36 Submersible Pump Lift Station I Unit Contract Quantity Unit Price Quantity to Date Amount to Date LF 232 28.00 139 3.892.00 LF 752 29.00 1071 31.059.00 LF 1.303 30.00 974 29.220.00 LF 981 31.00 1309 40.579.00 LF 1.024 32.00 968 30.976.00 LF 63 33.00 185 6.105 00 LF 220 35.00 138 4.330.00 LF 188 36.00 LF.40 38.00 40 1.520.00 LF 20 41.00 20 820.00 EA 24 1.440.00 24 34.560.00 LF 97 100.00 102.7 10.270.00 LF 140 20.00 140 2.800.00 LF 5.812 8.40 5716 48,014.40 EA 2 1.900.00 2 3.800.00 EA 3 350.00 3 1.050.00 EA 1 1.000.00 1 1.000.00 EA 16 50.00 10 500.00 EA 1 55.00 2 110.00 EA 3 50.00 3 150.00 EA 1 50.00 EA 3 35.00 3 105.00 EA 3 30.00 4 120.00 EA 2 30.00 1 30.00 EA 43 50.00 55 2.750.00 EA 5 50.00 2 100.00 EA 7 30.00 7 210.00 LF 1.465 18.00 1285 23.130.00 LF 35 18.00 44 792 00 LF 225 20.00 197.5 3.950 00 LF 225 10.00 561 5.610.00 LF 6.500 0.01 6500 65.00 LF 6.500 1.00 4844 4.844.00 SY 50 10.00 22 220.00 LF 4.808 0.42 5100 2.142.00 LS 1 44.200.00 1 44.200.00 l:\139M 3968Veouest1 1 .wb2 37 Submersible Pump Lift Station 2 LS 1 44.700.00 I 44.700.00 Total Part 1 • Long Lake Sanitary 5?84.223.40 Part 2 • Water Main 38 8 ' DIP. Class 52 LF 95 20.00 46 920.00 39 12" DIP. Class 52 LF 490 26.00 583 15.153.00 40 6" DIP. Class 52 LF 5 19.00 10 190.00 41 Cut into existing 8" CIP EA 1 1.000.00 1 1.000.00 42 Cut into existing 6" DIP EA 1 800.00 1 800.00 43 Hydrant EA I 2.000.00 1 2.000.00 44 6" gate valve and box EA 1 600.00 1 600.00 45 8" gate valve and box EA 2 750.00 2 1.500.00 46 12" butterfly valve and box EA 1 1.000.00 1 1.000.00 47 Fittings LB 1.370 1.00 850 850.00 48 Mechanical trench compaction LF 590 1.00 639 639.00 49 Improved pipe foundation in 6" increments LF .'95 O.OI 100 1.00 Total Part 2 - Watermain S24.658.00 Part 3 • Restoration 50 Clear and grub EA 20 300.00 51 15.300.00 51 2' X 3' sump catch basin EA 2 1.000.00 2 2.000.00 52 4‘ diameter sump catch basin manhole EA 5 1.200.00 5 6.000.00 53 Catch basin manhole overdepth LF 17 125.00 5 625.00 54 Bituminous surfacing removal SY 11.600 1.00 11500 11.500.00 55 Common excavation CY 3.700 3.25 4532 14.729.00 56 Class 5 aggregate base (100% crushed)TN 8.000 9.20 9257 85.164.40 57 Type 31 bituminous base course TN 1.200 23.50 1496 35.156.00 58 Type 41A bituminous wearing course TN 900 27.50 986 27.115.00 59 Geotextile fabric SY 11.000 1.00 10819 10.819.00 60 Bituminous material for tack coat GL 550 1.00 550 550.00 61 Bituminous street patching SY 300 6.50 300 1.950 00 62 Sawcut concrete driveway LF 100 5.00 63 Sawcut bituminous LF 650 1.50 64 Bituminous driveway restoration SY 1.550 6.50 1453 9.444 50 65 Concrete driveway restoration SF 3.200 3.50 169 591.50 66 12” RCP in place LF 233 22.00 86 1.892 00 67 15" RCP in place LF 141 24.00 121 2.904 00 63 15” RCP, over 8* deep LF 20 26.00 I l:\139M 398eVequesl1 1 .wb2 69 70 71 72 73 74 75 76 77 78 79 80 82 33 84 85 86 37 88 89 90 15" RCP nared end in place with trash guard Mechanical trench compaction Improved pipe fnd. in 6" increment depth Remove existing CMP culvert Furnish and install 15" CMP culvert 15" CMP nared end Riprap, Class III hand placed Sod with 4" topsoil Seed with topsoil, mulch and fertilizer Erosion control fence Wood fiber blanket Furnish and plant Evergreen Tree (Blue Spruce) 6* high Furnish and plant shade tree (Sugar Maple) 4 ‘ diameter Remove and replace wood or chain link fence LF Remove and transplant bushes Remove and transplant tree • Desiduous Remove and transplant tree • Coniferous Salvage and reinstall wood guard post Total Part 3 - Restoration Part 4 • Ice Arena Duplex Grinder Station Duplex submersible grinder station 2" HOPE. SDR 11 Connect to existing manhole 2" HOPE 45 degree bends Total Pan 4 - Ice Arena Duplex Grinder Station EA 2 900.00 1 900.00 LF 595 1.00 207 207.00 LF 595 0.01 LF 450 2.00 100 200.00 LF 450 12 00 427 5.124.00 EA 30 100.00 16 1.600.00 CY 12 30.00 22 660.00 SY 28.0C0 2.25 20281 45.632.25 AC 2 1.550.00 0.9 1.395.00 LF 1.000 2.50 1336 3.340.00 SY 750 1.50 524 786.00 EA 6 225.00 6.5 1.462.50 EA 6 500.00 1 500.00 LF 600 15.00 100 1 .-500.00 EA 12 75.00 EA 12 150.00 EA 15 150.00 EA 11 50.00 11 550.00 S289.597.15 LS 1 13.600.00 1 13.600.00 LF U60 6.00 1.105 6.630.00 EA 1 1.000.00 1 1.000.00 EA 2 50.00 2 100.00 Part 5 • Lift Station 6 Renovation Temporary controls, pumps and piping for S26.330.00 interim conveyance LS 1 2.000.00 1 2.000.00 92 Lift station demolition I.S I 5.000.00 1 5.000.00 93 New pumps, piping, valves, top hatch and slab LS 1 35.000.00 1 35.000.00 94 New control panel, base slab, dialer, and miscellaneous electrical LS 1 24.000.00 1 24.00000 95 Sod SY 50 2.25 50 ’112.50 ] IA139M 3988Vequest 11 .wb2 96 97 100 101 102 103 104 105 3" Class 5 aggregate base 3" thick bituminous driveway Total Part 5 • Lift Station 6 Renovation TN TN Part 6 • Lift Station 12 Modifications Remove existing impellers and wear rings and place new impellers and wear rings Total Pan 6 • Lift Station 12 Modifications Part 7 • Forcemaln Alignment Deduct: 4" forcemain directional bore (Item No. 13) Add: 4 * HDPE forcemain. SDR 17 Air release manhole Sod with 4" topsoil Bituminous driveway restoration Total Part 7 - Forcemain Alienment Part 8 • Residental Submersible Grinder Stations Residental simplex grinder pump stations EA Total Part 3 - Residental Submersible Grinder Stations Alternate No. 1 • MH 22 to MH 22A 75 30 12.00 45.00 2.052,00 3.290.00 73 30 376.00 1.350.00 563.333.50 2.052.00 52.052.00 LF (140)20.00 -140 (2.300.00) LF 643 8.40 643 5.401.20 LF 45 20.00 45 900.00 EA 1 1.900.00 1 1.900.00 SV 1,367 2.25 1245 2.801.25 SY 33 15.50 S3.202.45 32.900.00 S32.900.00 106 3 * PVC. SDR 35. 10* - 12‘ deep in place LF 193 30.00 172 5.160.00 107 Auger or directional bore 8" PVC LF 55 75.00 84 6.300.00 108 Std. MH 8’ dp.. 4' dia.. W/R1642B cstg.EA 1 1.440.00 1 1.440.00 109 .MH depth greater than 8' deep LF 100.00 5.2 520.00 no Remove «Sc transplant tree - coniferous EA 10 150.00 0 Total Alternate No. 1 - MH 22 to MH 22A S13.-120.00 Change Order No. 1 SI Furnish & plant shade tree (Sugar Maple)EA 15 500.00 15 7.500.00 II Std MH 8’ dp.. 4* dia.. w/R1642B cstg.EA 3 1.440.00 3 4.320.00 12 MH depth greater than 8' deep LF 6 100.00 6 600 00 Total Change Order No. 1 SI 2.420.00 J l:\139\13988\requestl 1 .wb2 66 69 Change Order No. 2 4" riser pipe extension Total Change Order No. 2 345.00 Change Order No. 3 Add 12" corrugated PE pipe 12" PE F.E.S. with trash guard Delete 12" RCP in place 15" RCP flared end in place with trash guard Total Change Order No. 3 Change Order No. 4 1.690.00 SI.690 00 LF 154 19.00 147 2.793.00 EA 1 625.00 1 625.00 LF (154)22.00 -154 (3.3SS.00) EA (1)900.00 -1 (900.00) (S370.00) 52 4* diam. sump catch basin manhole EA 4 1.200.00 4 4.800.00 53 Catch basin manhole overdepth LF 3 125.00 3 375.00 54 Bituminous surfacing removal SY 400 1.00 400 400.00 55 Common excavation CY 5.400 3.25 5400 17,550.00 63 Sawcut bituminous LF 206 1.50 206 309.00 67 15" RCP in place LF 209 24.00 209 5.016.00 69 15" RCP flared end in place w/ TO EA 1 900.00 1 900.00 50 Clear and grub EA 7 300.00 7 2.100.00 Total Change Order No. 4 S31.450.00 Change Order No. 5 55 Common Excavation CY 430 3.25 480 1.560.00 56 Class 5 Aggregate Base (100% Crushed)TN 940 9.20 940 8.643.00 Total Change Order No. 5 SI 0.208.00 Change Order No. 6 111 Modular block retaining wall SF 500 13.40 379 6.973 60_ Total Change Order No. 6 S6.973.60 Change Order No. 7 56 Class 5 aggregate base (100% crushed)TN 310 9.20 lOS 993.60 57 Type 31 bituminous base Course TN 150 23.50 150 3.525.00 53 Type 41A biutminous wear course TN no 27.50 no 3.025 00 61 Bituminous street patching SY 430 6.50 512 3.323 00 Total Change Order No. 7 S 10.871.60 I :\139M 3966Vequtst 11 .wb2 m 76 Change Order No. 8 Common Excavation - Add Sod w/4” topsoil • Deduct Total Change Order No. 8 CY SY 4.022 (8.800) 7.00 2.25 4022 8800 23.154.00 (19.800.00) S3.354.00 Total Part 1 - Long Lake Sanitary 334.223.40 Total Part 2 - Watermain 24.653.00 Total Part 3 - Restoration 239.597.15 Total Part 4 - Ice Arena Duplex Grinder Station 26.330.00 Total Part 5 - Lift Station 6 Renovation 63.338.50 Total Part 6 > Lift Station 12 ModiHcations 2.052.00 Total Part 7 - Fcrcemain Alignment 8.202.45 Total Part 8 - Resider.tal Submersible Grinder Stations 32.900.00 Alte natc No. 1 - MH 22 to MH 22A 13.420.00 Total Change Order No. 1 12.420.00 Total Change Order No. 2 1.690.00 Total Change Order No. 3 (870.00) Total Change Order No. 4 31.450.00 Total Change Order No. 5 10.208.00 Total Change Order No. 6 6.973.60 Total Change Order No. 7 10.871.60 Total Change Order No. 8 8.354.00 Total Work Completed to Date S930.8 18.70 t:\139\l39d8Vequest11 ,wb2 PROJECT PAY'MENT STATUS Owner CITYOFORONO Project No. 139-93-03S File .No. 139-93-033 Contractor BARBAROSS.A. SONS Cs'C CHANGE ORDERS No.Date Description Amount 1 06/06/97 Additional trees and manholes as a result of easement negotiations 12.420,00 1 06/10/97 E.xtend bypass piping in valve 1.690.00 3 06/18/97 Substitute corrugated polyethvlenc pipe for RCP storm sewer (737 00) 4 08/06/97 Construction of ponding area and installation of storm sewer 31.450.00 5 08/19/97 Additional Class S 10.208.00 6 10/08/97 Construction of modular block retaining wall 9.200.00 7 10/03/97 Regrading and paving 500* of Long Lake Boulevard 12.522.00 8 02/13/93 Change Order No. 8 28.154.00 Total Change Orders S 104.907.00 PAY'MENT SUMMARY No. Period Payment Retainage Completed 1 Stan 07/01/97 195.908.86 10.310.99 206.219.85 2 07/01/97 08/06/97 316.864.61 26.988.03 539.761 55 3 08/06/97 09/03/97 4>.03l.45 29.568.68 591.373.60 4 09/03/97 10/07/97 65.025.79 32.991.09 659 821.80 5 10/07/97 11/04/97 60.431.50 36.171.70 723.433.90 6 11/04/97 12/02/97 16.945.72 37.063.58 741.271.50 7 12/02/97 02/18/93 69.632.38 40.72844 814.568.75 8 02/18/93 03/02/98 26.746.30 42.136.14 842.722.75 9 03/02;'93 07/07/98 15.111.13 42.931.46 858.679.20 10 07/07,98 03/19/98 50.199.90 45.573.56 911.471.20 11 03/19/93 10/30/93 18.380 12 46.540.94 930.878.70 12 13 Material on Hand Total Pavment to Date S834.:T7.76 Original Contract SS74.930.01 Retainage. Pa\ment No. 11 46.540.94 Change Orders 104.907.00 Total Amount Earned S930.S 13.70 Revised Contract S979.837.01 l;\139M3988’/*quo»t11.wb2 « • COu’NCILMESTiNQ NOV 9 1998REQUEST FOR COUNCIL ACTION DATE: November ITEM NO /5^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Request for Payment #3, Heriiage/Shoreline Sanitary Sewer Project We have reviewed the information submitted by the City’s engineering firm and recommend approval of this Request for Payment COUNCIL ACTION REQUESTED: Motion to approve Request for Payment #3, Heritage/Shoreline Sanitary Sewer Project to G.L. Contracting in the amount of $24,551.80 • ^ Bonutrool^ Rosene tO^»cr;City of Orono, PO Box 66. Crystal Bav. MN 55323-0066 Date; November 3. 1998 For Period: October 2. 1998 to November 3. 1998___________________ Contractor: G.L. Contractin?. Inc.. 4300 WilloNv Drive. Medina. MN 55340 Request No: REQUEST FOR PAYMENT EDGEWOOD HILLS/HERTTAGE DRIVE S.ANITARY SE*^R IMPROVEMENTS File No. 139-98-099 SUMMARY 1 Original Contract Amount 2 Change Order • Addition 3 Change Order • Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. S S s s s $ s s s s 279.194.07 279.194.07 214.155.71 0.00 214.155.71 10.707.79 203.447.92 173.896.12 24.551.80 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCLATES, INC. y / / ) Approved by Contractor G.L. CONTRACTING INC Approved by Owner; CITY OF ORONO \.Specified Contract Completion Date;Date: l:\13SV13999^REQUEST^.WB2 No.Item 1 S" PVC. SDR 35. 8’-10* deep in place 2 3“ PVC. SDR 35.10'- 12' deep in place 3 S ' PVC. SDR 35. 12'- 14' deep in place 4 r PVC. SDR 35. 14'- 16' deep in place 5 8" PVC. SDR 35.16 -18' deep in place 6 Connect 8" PVC to existing manhole 7 Std. MH 8' dp., 4' dia.. w/Rl6-t2B cstg. 8 MH depth greater than 8' deep 9 Clean out manhole as per detail 10 Directional bore 8" HDPE SDR 17 1 1 3" HDPE, SDR 1 1 . trenched in place 12 Connect 3~ HDPE to manhole as per detail 13 1 -1/2" curb stop & box. installed as per detail 14 3" X 3" HDPE tee 15 3"x 1-1/2 " HDPE reducer 16 1-1/2 " HDPE. SDR II 17 8" X 4" PVC or HDPE compatible service wye branch 13 4" PVC service pipe in place, SDR 26 19 4" PVC service riser pipe in place. SDR 26 20 Improved pipe fdn. in 6" increment depth 21 Mechanical trench compaction 22 Sanitary sewer television inspection 23 Traffic control Total Part 1 - Sanitary Sewer Contract Unit Quantity Amount Unit Quantity Price to Date to Date LF 45 20.40 61.5 1.254.60 LF 630 22.20 635 14.097.00 LF 320 24.50 260 6.370.00 LF 230 27.50 286 7.865.00 LF 300 31.40 300 9.420.00 EA 1 2.057.70 1 2.057.70 EA 9 1,552.40 9 13,971.60 LF 39 124.60 38.8 4.834.43 EA 1 1.867.40 1 1.867.40 LF 500 47.50 489.5 23.251.25 LF 810 13.10 1204 15.772.40 EA 1 523.00 1 523.00 LF 5 190 JO 7 1.332.10 EA 5 55JO 7 387.10 EA 5 36.80 7 257.60 LF 200 10.70 200 2.140.00 EA 13 168.00 17 2.856.00 LF 480 13.50 430 6.480.00 LF 170 13.50 170 2.295.00 LF 3.150 3.20 100 320.00 LF 2.250 0.10 2200 220.00 LF 2.075 1.10 2032 2.235.20 LS 0.75 2.351.30 0.75 1.763.43 Part 2 - Restoration 121.570.91 24 Bituminous surfacing removal SY 2.600 2.00 2100 4.200.00 25 Common excavation CY 700 7.80 700 5.460.00 26 Class 5 aggregate base (100% crushed)TN 1.400 12.60 1032 13.003.20 27 Type 31 bituminous base course TN 230 35.80 358 12.816.40 23 Type 41 A bituminous wearing course TN 380 30.50 29 Geotextile fabric SY 1.700 1.40 1300 1.820.00 30 Bituminous material for '•’ck coat GL 50 2.20 31 Bituminous street patching SY 590 24.90 680 16.932.00 32 Clearing and grubbing LS 0.90 13.224.00 0.9 11.901.60 i:\139V1399S^REQUEST3.WB2 33 Bituminous driveway restoration 34 Concrete driveway restoration 35 Remove existing CMP culvert 36 Furnish and install 15" CMP culvert 37 15" CMP flared end 38 Sod with 4" topsoil 39 Seed with topsoil, mulch and fenilizcr 40 Erosion control fence 41 Furnish and plant Evergreen Tree (Blue Spruce) 6* high 42 Furnish and plant shade tree (Sugar Maple) 4" diameter 43 Remove and transplant bushes 44 Remove and transplant tree ■> Desiduous 45 Remove and transplant uee - Coniferous Total Part 2 - Restoration Total Part 1 - Sanitary Sewer Total Part 2 • Restoration Total Work Completed To Date SY SF LF LF EA SY AC LF EA EA EA EA 1.200 600 40 40 2 14.500 0.1 1,500 14.10 7.40 10.30 21.00 132.50 2.60 4.408.00 3.30 80 544 1.128.00 4.025.60 7532 19.583.20 169 557.70 385.70 6 6 6 6 413.30 82.70 385.70 385.70 1.157.10 92.584.80 121.570.91 92.584.80 214.155.71 I.A139\13999\REQUEST3.WB2 PROJECT PAYMENT STATUS Owner CITY OF ORONO Project No. 139-98-099 File No. 139-98-099 Contractor G.L. CONTRACTING INC CHANGE ORDERS No. Date Description Amount 1 2 3 Total Change Orders PAYMENT SUMMARY No. Period Payment Retainage Completed 1 07/29/98 08/17/98 51.367.36 2.703.55 54.070.90 2 08/17/98 10/02/98 127.528.76 9.415.59 138.311.71 3 10/02/98 11/03/98 24.551.80 10.707.79 214.155.71 4 5 6 7 8 9 10 Material on Hand Total Payment to Date S203.447.92 Original Contract S279.194.07 Retainage. Payment Mo. 3 10.707.79 Chanee Orders Total Amount Earned S214.155.71 Revised Contract S279.194.07 i.-M 39M 3999tREQUEST3.WB2 COUi>iW»fc- »• — ^QY 9 1998 REQUEST FOR COUNCIL ACTION CrTY or GP.C'^iO DATE: November 6, 1998 ITEM NO:Ik Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Lighting for City Facilities Parking Areas At the October 12 Council meeting, staff recommended a lighting plan for the City facilities parking areas to address a number of safety concerns. The recommendation was to install three 20 ’ light poles at a cost of $5,995.00. The Council directed staff to revise the lighting plan to replace the 20' poles with poles similar in height and style to the existing light poles. The revised plan now includes four light poles of the same style and height as the existing light poles. Because the existing light poles are more expensive than the poles in the original proposal, and because the number of poles has increased from three to four, the cost of the project has increased from $5,995.00 to $9,595.00. This cost also includes the installation of winter plug-in receptacles on the poles. COUNCIL ACTION REQUESTED: Motion to approve the proposal by Frontier Electric for the purchase and installation of parking lot lighting at a cost of $9,595.00. r COUNCIL MEETING NOV 9 1998 REQUEST FOR COUNCIL ACTION crrYcroRONO Date: November 4, 1998 Item No: I ^ Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Gary Cheswick Chief of Police Item Description: Hiring of Part-Time Police Officer Exhibits:None DISCUSSION The Orono Police Department has historically employed four part-time police officers to help fill in, but recently due to personnel changes, the Department has currently only two part- time officers and they are unable to meet the demands in filling shifts. To help alleviate this problem, a selection was made from a previous recruitment and a candidate with law enforcement background was picked. Tony Wittke has been a Police Reserve and a part-time Community Service Officer with the Orono Police since 1995. He has graduated with a Criminal Justice Associate of Arts degree and is currently working on a B.S. degree, majoring in law enforcement. Tony has a very positive attitude and would be a great asset to the community. I am requesting permission to hire Tony Wittke who has shown a desire to work for the City of Orono as a police officer. COUNCIL ACTION REQUESTED Motion to hire Tony Wittke for the position of part-time i,olice officer, effective November 10, 1998 with the starting salary of $12.25 hourly with no benefits. A RESOLUTION TO DECLARE THAT THE PART-TIME POSITION HELD BY ANTHONY A. WITTKE IS THAT OF A POLICE OFFICER WHEREAS, that Public Employees Retirement Association Police and Fire Fund excludes part-time police officers unless a resolution is adopted by the governing body to establish eligibility for coverage in the Police and Fire Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Hennepin County, Minnesota that effective November 10, 1998, the position Anthony A. Wittke holds is that of a police officer as defined in Minnesota Statutes. Section 353.64. Subdivision 2. pursuant to which said employee shall become a member of the Public Employees Retirement Association Police and Fire Fund. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held November 9, 1998. ATTEST:Gabriel Jabbour, Mayor Linda S. Vee, City Clerk COUNCIL MSETIMC. REQUEST FOR COUNCIL ACTION NOV 9 1998 CfTY DATE: November 6, 'l 998 ITEM NO : /S Department Approval: Name Ron Moorse Title Cit>' Administrator Administrator Reviewed:Agenda Section: Cit>' Administrator's Report Item Description: Topics for November 18 and December 2 W'ork Sessions The Council has scheduled work sessions for 7:30 a.m. on Wednesday, November 18 and Wednesday, December 2. The Council had directed staff to schedule tours of the buildings in the City's Industrial District at one of these times. The owners of Flamingo Wire are not available on November 18 but would be available on December 2 to give a tour of the facility. Now that the City has received the completed Highway 12 preliminary layout from Mn/DOT, the November 18 work session could be used as an opportunity for the City Council and the City's Design Review Committee to review the layout. COUNCIL ACTION REQUESTED: Motion to indicate topics for the November 18 and December 2 Council work sessions. COUNCIL REQUEST FOR COUNCIL ACTION Nov 9 1998 ciTYcr : • DATE: November 6,1998 11ITEM NO: Department Approval: Name Lin Vee Title Cit>' Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval CIGARETTE LICENSE 1.William Wear 12 Hi Liquor, Inc. 2160 Wayzata Boulevard COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. I APPLICATION FOR LICENSE TO SELL TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES (Ordinance No. 164, Second Series - Adopted L2/08/97) Make check payable to: City of Orono Mailing address: P.O. Box 66 Crystal Bay, MN 55323 FEE: $100.00 (February 1-January 31)(OnA /9'9^ DATE 1. Applicant's Full Name FIRST f clOLLAQB (J>) L-3R MIDDLE LAST 2.Applicant's Home Address 3(cD l4r/('X b&z'rQ U/lL_______ HOUSE NUMBER ^ STREET Lr-,Y\n iriUQ. ynn HOME PHONE CITY STATE 3. 4. Applicant's Business ^ /.in^UnQ ^-tcR/= ____ TYPE OF BUSINESS BUSINESS PHONE U/0(Ia9. .XnC . .QlC=6 U) iiJa(j7.aiu t>LuD ' STREET ADDRESS Py). 3dX 3Q(=_______ z.<onn nm -^~3 MAILING ADDRESS CpTY ^ ZIP Describe how the actual physical exchange of the tobacco, tobacco product, tobacco related device between the customer and the licens^ or employee tal BUSINESS NAME Describe how the actual physical exchange of the tobacco, toE tobacco related device between the customer and the licens^ o Place. .IFlV h ldu^^___^ (^/'r^rrs r pr>(^Au<Uf- 1 c/f! oi ' ' ' — or employee takes " r C'/qr/rr^ I HEREBY MAKE APPLICATION FOR LICENSE TO SELL TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RELATED DEVICES AT THE ABOVE LOCATION SUBJECT TO THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF ORONO. r Signature 36 no/ Date The issuance of a license under this ordinance shall be considered a privilege and rot an absolute right of the applicant and Shalt not entitle the holder to an automatic renewal c* the license. 1211973 2 Nov 1998 Mon 10:28 AM Check Register City of Orono Check Number Date Name Check Number 56526 56528 56529 UNITED STATES POSTAL SERVICE 02-NOV-98 UNITED STATES POSTAL SERVICE C2-Nov-99 UNITED STATES POSTAL SERVICE Totals Check Number 56529 UNITED STATES POSTAL SERVICE Check Number 56529 LMCIT-BERKLEY ADMIN 56529 02-NOV-98 LMCIT-BERKLEY ADMIN Totals Check Number 55529 LMCIT-BERKLEY ADMIN Check Number 56530 BATTERIES PLUS 56530 02-NOV-98 BATTERIES PLUS Totals Check Number 56530 BATTERIES PLUS Check Number 56531 UNIVERSITY OF MINITESOTA 56531 02-NOV-9B UNIVERSITY OF MINNESOTA Totals Check Number 56531 UNIVERSITY OF MINNESOTA Check Number 56532 UNITED STATES POSTAL SERVICE 56532 02-NOV-98 UNITED STATES POSTAL SERVICE Totals Check Number 56532 UNITED STATES POSTAL SERVICE Check Number 5653 3 mi::nesota dept, of revenue 56533 56533 56533 02-NOV-93 02-NOV-98 02-NOV-99 MINTIESOTA DEPT. OF REVENUE MIN^NESOTA DEPT. OF REVEJnJE MIMJESOTA DEPT. OF REVENUE Totals Check Number 56533 MINIIESOTA DEPT. OF REVENUE Check Number 56534 WALT DISNEY ATT.RACTICNS 56534 02-NOV-99 WALT DISNEY ATTRACTIONS Totals Check Number 56534 WALT DISNEY ATTRACTIONS Check Number 57384 TOMCHECK. LARRY 57384 02-NOV-98 TOMCHECK. LARRY Totals Check Number 57384 TCMCHECK. LARRY Grand Total COUNCIL Transaction Amount 292.75 94.25 377.OC 500.00 500.00 42.59 42.59 140.00 140.00 1,589.50 1,589.50 10.00 34.00 1,579.00 1,623.00 446.22 446.22 -635.50 -635.50 4.092.81 NOV 9 1998 Page 1 CiTvr Comments POSTAGE - 3RD QTR BILLING POSTAGE - 3RD QTR BILLING SAWICKI/BESSESEN CLAIM BATTRIES-VIDEO CAMERA MPWA FALL CONFERENCE FALL NEWSLETTER OCTOBER SALES TAX OCTOBER SALES TAX OCTOBER SALES TAX ICMA CONFERENCE-MOORSE VOID CK 57384 5 Nov 1990 Thu 9:13 AM Check Register City of Orono Check Number Employee Name Check Number 045195 045195 PETERSON, BARBARA A. Totals Check Number 045195 Check Number 045196 045196 MOORSE* RONALD J. Totals Check Number 045196 Check Number 045197 045197 FLINT, RICHARD Totals Check Number 045197 Check Number 045198 045198 GOETTEN, J. DIAW* Totals Check Number 045198 Check Number 045199 045199 JABBOClt, GABRIEL E. Tot'.ls Check Number 045199 Check Nun^^ei 045200 045200 KELLEY, CHARLES Totals Check Number 045200 Grind Total Check Date 09-NOV-98 09-NOV-98 09-NOV-98 09-NOV-98 09-NOV-98 09-NOV-98 Page 1 Check Amount 269.36 269.36 184.70 184.70 269.36 269.36 269.36 269.36 323.22 323.22 269.36 269.36 1,565.36 i 4 Hov 1998 Wed 8:18 AM Check Nu*' oer Employee Name Ch-ck Number 045136 045136 JOHNSON, MARY ANN Totals Check Nunber 045136 Check Number 045137 045137 GEMAR, JAMIE L. Totals Check NuTcer 045137 Check Number 045139 045138 HASEMAN, CAROLE A. Totals Check Number 045138 Check Number 045139 045139 MOORSE, RONALD J. Totals Check Number 045139 Check Register City of Orono Page 1 Check Number 045140 345140 VEE, LINDA S. Totals Check Number 045140 :'*5ck Number 045141 Check Date 04-NOV-98 04-NOV-98 04-Nov-98 04-Nov-98 04-NOV-98 Check Amount 478.30 478.30 229.59 229.59 987.19 987.19 1,468.50 1,468.50 1,003.71 1,003.71 :45141 KUEHN, THOMAS M. Totals Check Number 045141 04-NOV-98 950.79 950.79 Check Number 045142 C45142 OLSON, RONALD J. Totals Check Number 045142 04-NOV-98 14.96 14.96 Check Number 045143 045143 PETTIT, SANDRA K. Totals Check Number 045143 04-NOV-98 758.29 758.29 Check Number 045144 045144 ANDERSON, BRUCE L. Totals Check Number 045144 04-NOV-98 955.01 955.01 4 Nov 1998 Wed 8:18 AM Check Register City of Orono Check Number Employee Name Check Number 045145 045145 BOBZIEN, SUE A Totals Check Number 045145 Check Number 045146 045146 BORIS, SCOTT W. Totals Check Number 045146 Check Number 045147 045147 CARLSON, MICHAEL B. Totals Check Number 045147 Check Number 045148 045148 CHESWICK, GARY B. Totals Check Number 045148 Check Number 045149 045149 CORNICK, JAMES L. Totals Check Number 045149 Check Number 045150 045150 DEMBOUSKI, JAY C. Totals Check Number 045150 Check Number 045151 045151 ERICKSON, KURT R Totals Check Number 045151 Check Number 045152 045152 FARNIOK, CORREY L. Totals Check Number 045152 t Check Number 045153 045153 FISCHENICH, DAN T. Totals Check Number 045153 Check Number 045154 Check Date 04-NOV-98 O4-NOV-90 04-Nov-98 04-NOV-9B O4-NOV-90 04-NOV-98 O4-NOV-90 O4-NOV-90 04-Nov-98 Page 2 Check Amount 636.3U 636.38 1.060.66 1,060.66 2C2.55 202.55 1,576.52 1,576.52 1,627.84 1,627.84 1,280.03 1,280.03 1,250.82 1,250.82 1,161.99 1,161.99 1.278.50 1.270.50 1 4 Nov 1998 Wed 8:18 AM Check Register City of Orono Check Number Employee Name Check Number 045154 045154 FISCHER, CHRISTOPHER K. Totals Check Number 045154 Check Number 045155 045155 HANSING, CAROL J. Totals Check Number 045155 Check Number 045156 045156 JOHNSON, BRADLEY P. Totals Check Number 045156 Check Number C45157 045157 KNOLLENBERG, KRISTIN L. Totals Check Number 045157 Check Number 045150 045158 MCNALLY, STEVEN A. Totals Check Number 045158 Check Number 045159 045159 MCNICHOLS, DAVID L. Totals Check Number 045159 Check Number 045160 045160 MOROWCZYNSKI. JAMES Totals Check Number 045160 Check Number 045161 045161 PERSELL, WILLIAM R. Totals Check Number 045161 Check Number 045162 045162 SCHOENHOFF, JOHN B. Totals Check Number 045162 Check Number 045163 Check Date 04-Nov-98 04-NOV-98 O4-NOV-90 04-Nov-98 04-Nov-98 04-NOV-98 04-Nov-90 04-NOV-98 04-NOV-98 Page 3 Check Amount 1,050.35 1,050.35 332.61 332.61 1,232.64 1,232.64 679.56 679.56 995.09 995.09 661.05 661.05 1,506.45 1,506.45 126.62 126.62 1,166.88 1,166.88 1 r ' 4 Nov 1998 Wed 8:18 AM Check Register City of Orono Check Number Employee Name Check Number 045163 045163 TOMCHECK, LAWRENCE F. Totals Check Number 045163 Check Number 045164 045164 TOMCZYK, MARK W. Totals Check Number 045164 Check Number 045165 045165 HAGEN, MATTHEW D. Totals Check Number 045165 Check Number 045166 045166 JOHNSON, JEFFREY D. Totals Check Number 045166 Check Number 045167 045167 WITTKE, ANTHONY A. Totals Check Number 045167 Check Number 045168 045168 GAFPRON, MICHAEL P. Totals Check Number 045168 Check Number 045169 045169 GAPPA, GREGORY A. Totals Check Number 045169 Check Number 045170 045170 OMAN, LYLE E. Totals Check Number 045170 Check Number 045171 045171 VAN ZOMEREN. ELIZABETH Totals Check Number C45171 Check Number 045175 Check Date 04-NOV-98 04-NOV-98 04-NOV-98 04-NOV-98 04-NOV-98 04-NOV-98 O4-NOV-90 04-Nov-98 04-NOV-98 Page 4 Check Amount 264.87 264.87 1,233.52 1,233.52 42.15 42.15 602.31 602.31 165.19 165.19 1,116.86 1,116.86 1,422.60 1,422.60 232.75 232.75 1,112.53 1,112.53 1 4 Nov 1990 Wed 8:18 AM Check Register City of Orono Check Number Employee Name Check Number 045175 045175 VANG, BRUCE L Totals Check Number 045175 Check Number 045176 045176 HECKMAN, STEPHEN J. Totals Check Number 045176 Check Number 045177 045177 WEINBERGER, PAUL E. Totals Check Number 045177 Check Number 045178 045178 BRINKHAUS, JOHN F. Totals Check Number 045178 Check Number 045179 045179 DEBAERE, DONALD L. Totals Check Number 045179 Check Number 045180 345180 GREGORY, JAMES D. Totals Check Number 045100 Check Number 045101 045101 HANSEN, STEVEN C. Totals Check Number 045181 Check Number 045182 045182 OBERAIGNER, SCOTT G. Totals Check Number 045102 Check Number 045103 345103 OBRIEN, RANDY L. Totals Check Number 045183 Check Number 045104 Check Date 04-Nov-90 O4-NOV-90 04-Nov-90 04-Nov-90 04-Nov-90 O4-NOV-90 04-Nov-90 04-Nov-90 04-Nov-90 Page 5 Check Amount 976.33 976.33 29.68 29.68 759.06 759.06 1,054.36 1,054.36 943.89 943.89 565.01 565.81 832.23 832.23 603.67 603.67 179.95 179.95 i 4 Nov 1998 Wed 8:18 AM Check Number Employee Name Check Number 045184 045184 PALMER, GREGORY A Totals Check Number 045184 Check Register City of Orono Page 6 Check Number 045185 045185 RATHBUN, BARRY J. Totals Check Number 045185 Check Number 045186 045186 SKREEN, DALE S. Totals Check Number 045186 Check Number 045187 045187 ALLEN, MICHAEL J. Totals Check Number 04*^187 Check Number 045188 045188 BLAIR, JANIS A. Totals Check Number 045188 Check Number 045189 045189 MCINTYRE, WILLIAM E. Totals Check Number 045189 Check Number 045190 045190 OAS, DANIEL O. Totals Check Number 045190 Check Number 045191 045191 ROSS, JOHN A. Totals Check Number 045191 Check Number 045192 045192 STEFFENHAGEN, RONALD E Totals Check Number 045192 Check Date 04-NOV-98 04-Nov-98 04-NOV-98 04 Nov-98 04-NOV-98 04-NOV-98 04-Nov-S 8 04-NOV-98 04-Nov-98 Check Amount 647.38 647.38 864.08 864.08 625.85 625.85 28.46 28.46 111.53 111.53 289.99 289.99 231.96 231.96 170.27 170.27 1,054.36 1,054.36 t!: Check Number 045193 4 Nov 1998 Wed 8:18 AM Check Register City of Orono Page 7 Check Number Employee Name Check Date Check Amount Check Number 045193 045193 YEAGER, DONALD C 04-Nov-98 Totals Check Number 045193 14.75 14.75 Grand Total 40,849.27 4 Nov 1998 Wed 9:18 AM Check Register City of Orono Check Number Date Name Check Number 57494 57494 CITY COUNTY CREDIT UNION 04-NOV-98 CITY COUNTY CREDIT UNION Total* Check Number 5743-; CITY COUNTY CREDIT UNION Check Number 57495 FIRST NATIONAL BANK OF LAKES 57495 57495 57495 04-NOV-98 04-NOV-98 04-NOV-98 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BA:;K OF LAKES Totals Check Number 574 95 FIRST NATIONAL BA.NK OF LAKES Check Number 57496 GREAT WEST LIFE ASSURANCE CO. 57496 04-Nov-98 GREAT WEST LIFE ASSURANCE CO Totals Check Number 57496 GREAT WEST LIFE ASSURANCE CO Check Number 57497 MINNESOTA CHILD SUPPORT PMT 57497 04-NOV-98 MINNESOTA CHILD SUPPORT PMT Total* Check Number 57497 MINNESOTA CHILD SUPPORT PMT Check Number 57498 MINNESOTA CHILD SUPPORT PMT CT 57498 04-NOV-98 MINNESOTA CHILD SUPPORT PMT CT Total* Check Number 57499 MINNESOTA CHILD SUPPORT PMT CT Check Number 57499 ICMA RETIREMENT TRUST - 457 57499 04-NOV-99 ICMA RETIREMENT TRUST - 457 Total* Check Number 574 99 ICMA RETIREMENT TRUST - 457 Check Number 57500 LAW ENrORaiENT LABOR SERVICE 57500 04-Nov-98 LAW ENFORCMENT LABOR SERVICE Total* Check Number 575:0 LAW ENFORCMENT LABOR SERVICE Check Ni: jr 57501 MN DEPT OF REVENUE 57501 04-NOV-98 MN DEPT OF REVENUE Total* Check Nun^er 575:: MN DEPT OF REVENUE Check Number 57502 ra MUTUAL LIFE 57502 04-NOV-98 MN MUTUAL LIFE Totals Check Number 575:2 MN MUTUAL LIFE Transaction Amount 7,409.00 7,409.00 3,358.05 3,358.05 7.990.41 14.706.51 980.66 980.68 0.00 m m m m 0.00 179.51 179.51 225.00 225.00 0.00 0.00 3.424.59 3.424.59 745.30 745.30 Page 1 Comments SAVINGS W/H & TRANSFERRED FICA a MEDICARE W/H FICA.MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H THOMTON IC0266780 SKREEN 10010755723 DE.-EKRED COMP W/M UNION DUES WH STATE TAX W/H DEFERRED COM? W/H A 4 Nov 1998 Wed 9:18 AM Check Number Check Number Check Number 57503 Check Register City of Orono Date Name 57502 MN MUTUAL LIFE 57503 MN STATE RETIREMENT-DEF COMP 04-Nov-98 MN STATE RETIREMENT-DEF COM? Totals Check Number 57503 MN STATE RETIREMENT-DEF COM? Check Number 57504 57504 PEBSCO/OBRA O4-NOV-90 Totals Check Number PEBSCO/OBRA 57504 PEBSCO/OBRA Check Number 57505 57505 PEBSCO/US CONF OF MAYORS 04-NOV-98 Totals Check Number PEBSCO/US CONF OF MAYORS 57505 PEBSCO/US CONF OF MAYORS Check Number 57506 57506 57506 PERA 04-Nov-98 04-NOV-98 Totals Check Number PERA PERA 57506 PERA Check Number 57507 57507 UNITED WAV 04-NOV-98 Totals Check Number UNITED WAY 57507 UNITED WAY Grand Total Transaction Amount 227.00 227.00 160.53 160.53 2^24.35 2,424.35 4.469.88 5.884.76 10.354.64 ?1.00 31.00 40,868.11 Page 2 Comments DEFERRED COMP W/K CBRA DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H 6 Nov 1998 Fri 10:34 AM Check Register City of Orono Check Number Date Name Check Number 57509 57509 ACKERMANN AL 06-Nov-98 ACKERMANN AL Totals Check Number 57509 ACKERMANN AL Check Number 57510 AIRTOUCH CELLULAR/BELLEVUE 57510 57510 57510 04-Nov-98 04-Nov-98 04-Nov-98 AIRTOUCH CELLULAR/BELLEVUE AIRTOUCH CELLULAR/BELLEVUE AIRTOUCH CELLULAR/BELLEVUE Totals Check Number 57510 AIRTOUCH CELLULAR/BELLEVUE Check Number 57511 AMERICAN MEDICAL SECURITY 57511 05-Feb-98 AMERICAN MEDICAL SECURITY Totals Check Number 57511 AMERICAN MEDICAL SECURITY Check Number 57512 ASPEN EQUIPMENT CO. 57512 05-NOV-9B ASPEN EQUIPMENT CO. Totals Check Number 57512 ASPEN EQUIPMENT CO. Check Number 57513 AT fc T CONSUMER PRODUCTS DIV 57513 05-Feb-98 AT 4 T CONSUMER PRODUCTS DIV Totals Check Number 57513 AT 4 T CONSUMER PRODUCTS DIV Check Number 57514 AT 4 T WIRELESS SERVICES/AZ Check Number 57515 AT4T - KC 57555 O5-NOV-90 AT4T - KC Totals Check Number 57515 AT4T - KC Check Number 57516 AUGIES MOBILE CHEF 57516 04-Nov-98 AUGIES MOBILE CHEF Totals Check Number 57516 AUGIES MOBILE CHEF Check Number 57517 BARBAROSSA 4 SONS 05-Nov-98 BARBAROSSA 4 SONS Transaction Amount 126.75 126.-55 382.91 16.81 16.80 416.52 735.47 735.47 470.80 470.80 19.55 19.55 2.72 m m m m 2.72 20.08 20.06 Page 1 Comments ELECTION JUDGE CELL PKO.NES ON CALL PHONE ON CALL PHC.NE FEBRUARY DENTAL AUGER 8424 1ST QUARTER PAYMENT 57514 X9-Feb-98 AT 4 T WIRELESS SERVICES/AZ 5.50 CELLULAR CHAGS 57514 19-Feb-98 AT 4 T WIRELESS SERVICES/AZ 5.49 CELLULAR CHAGS 57514 19-Feb-98 AT 4 T WIRELESS SERVICES/AZ 200.82 CELLULAR CHAGS Totals Check Number 57514 AT 4 T WIRELESS SERVICES/AZ 211.61 BALANCE ON ACCOUNT HOT DOG, HA.MBURGER 1 4 57517 17,732.51 BYRDGENBRKTS PT RFP 89 6 Nov 1998 Fri 10:34 AM Check Number Check Number 57517 Check Register City of Orono Page 2 Date Name 57517 BARBAT.OSSA & SONS 05-Nov-90 BARBAROSSA & SONS Totals Check Number 57517 BARBAROSSA 6 SONS Check Number 57518 BARROS. DON 57518 O6-NOV-90 BARROS. DON Tcta’s Check Number 57518 BARROS, DON Check Number 57519 BENEFITS DESIG2I GROUP 57519 05-NOV-98 BENEFITS DESIGN GROUP Totals Check Number 57519 BENEFITS DESIGN GROUP Check Number 57520 BERG. VERNICE Transaction Amount 18.380.12 36.112.63 45.00 45.00 1.149.95 1.149.95 Comments NLL\LLCC RFP nil ELECTION JUDGE ADM FEE BDQ 57520 06-Nov-98 BERC, VERNICE 102.00 ELECTION JUDGE Totals Check Number 57520 BERG. VERNICE 102.00 Check Number 57521 BIFFS INC. 57521 05-NOV-98 BIFFS INC.67.62 PORTABLES - SEPTEMBER 57521 O5-NOV-90 BIFFS INC.135.23 PORTABLES - SEPTEMBER 57521 05-Nov-98 BIFFS INC.135.23 PORTABLES - SEPTEMBER 57521 O5-NOV-90 BIFFS INC.135.23 PORTABLES - SEPTEMBER Totals Check Number 57521 BIFFS INC.473.31 Check Number 57522 BONESTROO ROSENE & ASSOC. 57522 06-NOV-98 BONESTROO ROSENE 6 ASSOC.41b.UO I/I CASCO-FERNDALE AREA 57522 06-Nov-90 BONESTROO ROSENE a ASSOC.594.32 HERIiAGE OR RFP NO 1 57522 06-NOV-98 BONESTROO ROSENE &ASSOC.8.759.49 HERITAGE DR SAN SWR AUG 57522 06-Nov-90 BO.VESTROO ROSENE k ASSOC.160.67 BYRDG/BRKTS PT RFP NO 0 57522 O6-NOV-90 BONESTROO ROSENE k ASSOC.408.89 BYRDG/BRKTS PT PROJ DOC 57522 06-Nov-90 BONESTROO ROSENE k ASSOC.510.03 NLL/LLCC RFP NO 10 57522 06-Nov-90 BONESTROO ROSENE k ASSOC.844.28 NLL/LLCC PROJ DOC AUG Totals Check Number 57522 BONESTROO ROSENE k ASSOC.11,700.68 Check Number 57523 BUDGET PRINTING 57523 05-Nov-98 BUDGET PRINTING 37.29 CARD STOCK Totals Check Number 57523 BUDGET PRINTING 37.29 Check Number 57524 BYERS. CAROLYN 57524 06-Nov-98 BYERS. CAROLYN 84.00 ELECTION JUDGE Totals Check Number 57524 BYERS. CAROLYN 84.00 6 Nov 1998 Fri 10:34 AM Check Number Check Number 57525 Check Register City of Orono Page 3 Date Name 57525 CAR-TEL 06-NOV-98 CAR-TEL Totals Check Number 57525 CAR-TEL Check Number 57526 CHUNKS LAKESHORE AUTO Totals Check Number 57527 CITY OF MINNETO:.KA BEACH Check Number 57528 CL.\SSIFIEDS 57528 05-NOV-98 CLASSIFIEDS Totals Check Number 57528 classifieds Check Number 57529 CONNELLY INDUSTRIAL ELEC. 57529 05-NOV-98 CONNELLY INDUSTRIAL ELEC. Totals Check Number 57529 CONNELLY INDUSTRIAL ELEC. Check Number 57530 D.M.J. CORPORATION 57530 05-NOV-98 D.M.J. CORPORATION Totals Check Number 57S30 D.M.J. CORPORATION Check Number 57531 DEMBOUSKI, JAY 57531 04-Nov-98 DEMBOUSKI. JAY Totals Check Number 57531 DEMBOUSKI. JAY Check Number 57532 dickey, norma jean 57532 06-Nov-98 DICKEY. NORMA JEAN Totals Chec' Number 57532 DICKEY. NORMA JEAN Transaction Amount 164.41 164.41 Com.ments PHONE - ELECTIONS 57526 05-NOV-98 CHUNKS LAKESHORE AUTO 89.16 OIL. TIRES 178 57526 05-NOV-98 CHITNKS LAKESHORE AUTO 207.72 tie ROD END.TIRE 182 57526 C5-NOV-9B CHUNKS LAKESHORE AUTO 10.75 R;.. HANDLE/SPOTLIGHT #179 57526 05-NOV-98 CHUNKS LAKESHORE AUTO 31.25 ELEC DIAGNOSTIC #180 57526 05-NOV-98 CHUNKS LAKESHORE AUTO 72.64 OIL. TIRES #177 57526 OS-Nov-98 CHUNKS LAKESHORE AUTO 525.78 OIL BRAKES. ALIGN #181 57526 05-NOV-98 CHUNKS LAKESHORE AUTO 124.21 TIRE REPAIR #182 57526 05-Nov-98 CHUNKS LAKESHORE AUTO 56.25 BRAKE C/0 SWITCH #182 57526 05-NC/-98 CHUNKS LAKESHORE AUTO 69.66 OIL. TIRES #179 57526 05-NOV-98 CHUNKS LAKESHORE AUTO 121.41 OIL. TIRES. SPEAKER •182 Totals C.heck Number 57526 CHUNKS LAKESHORE AUTO 1.316.83 Check Number 57527 CITY OF MINNETONKA BEACH 57527 04-NOV-98 CITY OiF MINNETONKA BEACH 50.00 TRNSFR FALSE ALARM FEE 50.00 23.50 23.50 AD - 1983 FORD CONV VAN 460.35 460.35 LS 21 - ALT 4 SURGE PROT 300.01 300.01 6 YDS BLACK DIRT 6.50 6.50 PRKING - JV JUST CENTER 78.00 78.00 ELECTION JUDGE 6 Nov 1990 Fri 10:34 AM Check Number Check Number 57533 Check Register City of Orono Name 57533 DIESEN. MARTHA E. 06-Nov-90 DIESEll# MARTHA E Totals Check Number 57533 DIESEN, ^lARTHA B Transaction Amount 57.00 57.00 Comments ELECTION JUDGE Check Number 57534 57534 E-Z RECYCLING O5-Feb-90 E-Z RECYCLING Totals Check Number S7534 E-Z RECYCLING Check Number 57535 ELECTION SYSTEMS 6 SOFTWARE 57535 O5-NOV-90 Totals Check Number 5,503.40 5,503.40 JANUARY RECYCLING ELECTION SYSTEMS fit SOFTWARE 57535 ELECTION SYSTEMS fit SOFTWARE 21.35 21.35 PAPER ROLLS Check Number 57536 ERICSON, BARBARA E. 57536 06-NOV-99 ERICSON, BARBARA E. Totals Check Number 57536 ERICSON, BARBARA E. Check Number 57537 BULL'S MANUFACTURING CO. INC, 57537 O5-NOV-90 Totals Check Number 57537 EL.L'S MANUFACTURING CO. INC 126.00 126.00 ELECTION JUDGE BULL'S MWaTJFACTURING CO. INC 496.62 496.62 manhole RINGS, TAR Check Nun0:er 57538 EXPRESS MESSENGER 05-Nov-90 EXPRESS MESSENGER 57530 EXPRESS MESSENGER 57530 Totals Check Number 106.45 106.45 del TO MNDOT 57539 FERRIL, ELANOR L Qf -o FERRIL, ELANOR L 57539 FERRIL, ELANOR L 61.50 61.50 ELECTION JUDGE 48.00 48.00 ELECTION JUDGE 114.00 ELECTION JUDGE Check Number 57543 G & K SERVICES 57543 05-NOV-98 0 & 57543 05-NOV-98 G Sl 57543 05-NOV-98 G & 57543 05-NOV-98 G & 57543 05-NOV-98 G & 57543 OS-Nov-98 G fit 57543 05-NOV-98 G & 57543 05-NOV-98 G & 57543 OS-Nov-98 G & 6 Nov 1998 Fri 10:34 AM Check Register City of Orono Check Number Date Name Check Number 57549 57549 57549 GENUINE PARTS CO. 05-NOV-98 GENUINE PARTS CO 05-Nov-98 GErnJINE PARTS CO Totals Check Number 57549 GENUINE PARTS CO. Check Number 57550 GERRING'S CAR WASH 57550 06-NOV-98 GERRING'S CAR WASH Totals Check Number 57550 GERRXNG'S CAR WASH Check Number 57551 GILMORE* ANGELA 57551 06-Nov-98 GILMORE. ANGELA Totals Check Number 57551 GILMORE. ANGELA Check Number 57552 GOPHER STATE ONE-CALL INC, 57552 57552 05-NOV-98 05-NOV-98 GOPHER STATE ONE-CALL INC. GOPHER STATE ONE-CALL INC. Totals Check Number 57552 GOPHER STATE ONE-CALL INC. Check Number 57553 GREGORY* JAMES 57553 06-Nov-98 GREGORY, JAMES Totals Check Number 57553 GREGORY* JAMES Check Number 57554 GRUNDEEN. RONALD J 57554 06-Nov-98 GRUNDEEN* RONALD J Totals Check Number 57554 GRUNDEEN* RONALD J Check Number 57555 H & L HESKBl 57555 05-NOV-98 H & L MESABI Totals Check Number 57555 H k L MESABI Check Number 57556 HENNEPIN CO-OP SEED EXCHANGE 57556 05-NOV-98 HENNEPIN CO-OP SEED EXCHANGE Totals Check Number 57556 HENNEPIN CO-OP SEED EXCHANGE Check Number 57557 HENNEPIN COUNTY SHERIFF 57557 03-Aug-98 HENNEPIN COUNTY SHERIFF Totals Check Number 5755'. HENNEPIN COUNTY SHERIFF Transaction Amount 6.38 2.44 15.43 14.52 14.52 54.00 54.00 30.63 30.62 61.25 32.00 32.00 108.00 108.00 762.05 762.05 43.61 43.61 80.55 80.55 Page 6 Comments CAR WASH KIT CAR WASHES ELECTION JUDGE SEPTEMBER LOCATES SEPTEMBER LOCATES COMMERCIAL DRV LICENSE ELECTION JUDGE CUTTING EDGES* BOLTS GRASS SEED BOOKING FEES 6/98 6 Nov 1990 Fri 10:34 AM Check Register City of Orono Page 8 Check Number Date Name Check Number 57567 57567 LANDBERG, GALE R 06-NOV-98 LANDBERG, GALE R Totals Check Number 57567 LA2n)BERG, GALE R Check Numh.er 57568 LARSON. JOHN 57560 O6-NOV-90 LARSON. JOHN Totals Check Number 57568 LARSON. JOHN Check Number 57509 LATHROP. LEE G. 57569 06-NOV-98 LATHROP. LEE G. Totals Check Number 57569 LATHROP, LEE G. Cneck Number 57570 LEAGUE OP MN CITIES 57570 04-Nov-98 LEAGUE OF MN CITIES Totals Check Number 57570 LEAGUE OF MN CITIES Check Number 57571 LOGI^ 57571 06-Nov-98 LOGIS Totals Check Number 57571 LOGIS Check Number 57572 LONG LAKE FAMILY PHYSICIANS 57572 13-Oct-97 LONG LAKE FAMILY PHYSICIANS Totals Check Number 57572 LONG LAKE FAMILY PHYSICIANS Check Number 57573 LONG LAKE POWER EQUIPMENT 57573 57573 OS-Nov-98 05-NOV-98 LONG LAKE POWER EQUIPMENT LONG LAKE POWER EQUIPMENT Totals Check Number 57573 LONG LAKE POWER EQUIPMENT Check Number 57574 LONG LAKE TRACTOR EQUIPMENT Check Number 57575 57575 MABUSTH. JEANNE 06-NOV-98 MABUSTH. JEANNE Transaction Amount 108.00 108.00 104.00 104.00 48.00 48.00 20.00 20.00 904.26 904.26 39.00 39.00 19.15 13.10 32.25 108.00 Comments ELECTION JUDGE ELECTION JUDGE ELECTION JUDGE Y2K WRKSHP REGISTRATION PIMS SEPT VACCINATION CHAIN SAW OIL BUFFERS 57574 O5-NOV-90 LONG LAKE TRACTOR EQUIPMENT 3.77 GASKET 57574 O5-NOV-90 LONG LAKE TRACTOR EQUIPMENT 42.98 HOSE. FITTING 57574 O5-NOV-90 LONG LAKE TRACTOR EQUIPMENT 99.69 CUTTING EDGE 57574 05-NOV-98 LONG LAKE TRACTOR EQUIPMENT 70.75 HOOKS k NUTS 57574 05-NOV-98 LONG LAKE TRACTOR EQUIPMENT 5.11 BALANCE ON STMT Totals Check Nuinber 57574 LONG LAKE TRACTOR EQUIPMENT 230.30 ELECTION JUDGE I i i i -j r 6 Nov 199S Fri 10:34 AM Check Number Date Name Check Register City of Orono Transaction Amount Page 9 Comments Check Number 57575 MABUSTH, JEANNE Totals Check Number 57575 MABUSTH, JEANNE 108.00 Check Number 57576 MIDWEST ASPHALT 57576 57576 57576 57576 05-Nov-98 05-NOV.98 05-NOV-98 05-Nov-98 Totals Check Number MIDWEST ASPHALT MIDWEST ASPHALT MIDWEST ASPHALT MIDWEST ASPHALT 57576 MIDWEST ASPHALT 208.23 1,116.82 €6,371.02 37.942.61 105.638.68 PATCH PATCH 1998 STREET OVERLAYS 1998 STREET OVERLAYS Check Number 57577 MILLER RALPH E. 57577 06-NOV-98 MILLER RALPH E 54.00 ELECTION JUDGE Totals Check Number 57577 MILLER RALPH E.54.00 Check Number 57578 MINNEAPOLIS COM & TECH COLLEGE 57578 04-Nov-98 Totals Check Number MINNEAPOLIS COM & TECH COLLEGE 57570 MINNEAPOLIS COM fc TECH COLLEGE 50.00 50.00 DATA PRIVACY UPDATE Check Number 57579 57579 MINNEAPOLIS OXYGEN COMPANY 05-NOV-98 Totals Check Number MINNEAPOLIS OXYGEN COMPANY 57579 MINNEAPOLIS OXYGEN COMPANY 27.00 27.00 OXYGEN & ACETYLENE Check Number 57580 MINNEGASCO 57590 57580 57580 05-NOV-98 05-Nov-98 05-NOV-98 Totals Check Number MINNEGASCO MINNEGASCO MINNEGASCO 57580 MINNEGASCO 11.75 143.21 190.67 345. «>3 GAS SERVICE GAS SERVICE GAS SERVICE Check Number 57581 MINNESOTA SUN PUBLICATIONS 57581 05-Nov-98 Totals Check Number MINNESOTA SUN PUBLICATIONS 57581 MINNESOTA SUN PUBLICATIONS 40.00 40.00 AD - 11983 FORD CONV VAN Check Number 57582 57582 MN BENEFIT ASSOCIATION O3-Aug-90 Totals Check Number MN BEOTFIT ASSOCIATION 57582 MN BENEFIT ASSOCIATION 74.32 74.32 INSURANCB-BOKIS Check Number 57583 NAVARRE AMOCO 57583 04-NOV-98 NAVARRE AMOCO 8.00 TIRE REPAIR - GC Nov 1998 Fri 10:34 AM Check Register City of Orono Qieck Niunber Date Name Check Number 57583 57533 NAVARRE AMOCO 04-Nov-98 NAVARRE AMOCO Totals Check Number 57583 NAVARRE AMOCO Check Number 57584 NAVARRE HARDWARE 57584 05-NOV-98 NAVARRE HARDWARE Totals Check Number 57584 NAVARRE HARDWARE Check Number 57585 NCPERS GROUP LIFE INS 57585 04-Nov-98 NCPERS GROUP LIFE INS Totals Check Number 57585 NCPERS GROUP LIFE INS Check Number 57586 NEOPOST 57586 04-Nov-98 NEOPOST Totals Check Number 57586 NEOPOST Check Number 57587 NOW CARE MEDICAL CENTERS 57587 05-NOV-98 NOW CARE MEDICAL CENTERS Totals Check Number 57587 NOW CARE MEDICAL CENTERS Check Number 57588 NSP 57588 57588 57588 57588 57588 05-Nov-98 05-Nov-98 05-NOV-98 05-NOV-98 05-NOV-98 NSP NSP NSP NSP NSP Totals Check Number 57588 NSP Check Number 57589 57589 O'MALLEY, PHYLLIS E. 06-NOV-98 O'MALLEY. PHYLLIS E Totals Check Number 57589 O'MALLEY, PHYLLIS B Check Number 57590 OLSON, CAROL 57590 06-NOV-98 OLSON, CAROL Totals Check Number 57590 OLSON, CAROL Check Number 57591 OMAN, LYLE 57591 04-NOV-98 OMAN. LYLE Transaction Amount 8.00 16.00 11.69 11.69 132.00 132.00 121.40 121.40 44.00 44.00 151.38 261.48 1,616.69 434.37 2,464.06 4,927.98 108.00 108.00 250.00 250.00 17.92 Page 10 Comments TIRE REPAIR - GC FCX3GER, KILLER NOVEMBER LIFE POSTAGE TAPE PADS TESTING HIGHWAY 12 & WILLOW ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTRICAL SERVICE ELECTION JUDGE REF - APPL FEE MILEAGE REIMBURESMENT 1 .a 1 6 Nov 1998 Fri 10:34 AM Check Register City of Orono Page 11 Check Number Date Name Check Number 57591 57591 57591 OMAN, LYLE 04-Nov-98 OMAN, LYLE 04-Nov-98 OMAN. LYLE Totals Check Number 57591 OMAN. LYLE Check Number 57592 OTTEN BROTHERS 57592 05-Nov-98 OTTEN BROTHERS Totals Check Number 57592 OTTEN BROTHERS Check Number 57593 PAGENET 57593 05-Nov-98 PAGENET Totals Check Number 57593 PAGENET Check Number 57594 PERRY'S SANDBLASTING 57594 57594 04- Nov-98 05- Nov-98 PERRY'S SANDBLASTING PERRY'S SANDBLASTING Totals Check Number 57594 PERRY'S SANDBLASTING Check Number 57595 PIONEER 57595 05-Nov-98 PIONEER 57595 04-Nov-98 PIONEER 57595 04-Nov-98 PIONEER 57595 04-Nov-98 PIONEER 57595 04-Nov-98 PIONEER 57595 05-NOV-98 PIONEER 57595 04-Nov-98 PIONEER 57595 04-Nov-98 PIONEER 57595 04-NOV-98 PIONEER 57595 04-NOV-98 PIONEER 57595 04-Nov-98 PIONEER Totals Check Number 57595 PIONEER Check Number 57596 POWELL. LORI ANN 57596 06-Nov-98 POWELL. Totals Check Number 57596 POWELL. LORI ANJJ Check Number 57597 POWERCLEAN COMPAN*/ INC. 57597 05-NOV-98 POWERCLEAN COMPANY INC, Totals Check Number 57597 POWERCLEAN COMPANY INC Check Number 57598 RC IDENTIFICATIONS Transaction Amount 21.44 28.48 67.84 41.01 41.01 1.595.06 1.595.06 67.10 1.047.00 1,114.10 14.38 79.09 21.57 14.38 100.66 52.40 86.28 32.36 25.17 73.70 61.12 561.11 114.00 114.00 1.752.48 1.752.48 Comments MILEAGE REIMBURESMENT MILEAGE REIMBURESMENT SOD - CB WTR REPAIR PAGER CHARGES TOW • FORD VAN SAI.-DBLAST & PAINT TRLRS OPICAL SCAN TEST NOTICE APPLICATIONS APPLICATION 2430 CANVASSING BOARD ORDINANCE 8179 GENERAL ELECTION NOTICE SAMPLE ELECTION BALLOT APPLICATION - 2425 APPLICATION - 2426 APPLICATIONS ORDINANCE 177 ELECTION JUDGE OCTOBER JANITORIAL SER I J1 6 Nov 1998 Pri 10:34 AM Check Number Check Number 57596 Check Register City of Orono Date Name 57596 RC IDENTIFICATIONS 04-Nov-96 RC IDENTIFICATIONS Totals Check Number 57598 RC IDENTIFICATIONS Transaction Amount 6.39 6.39 Page 12 Comments ID CARDS Check Number 57599 REED VENDING 57599 04-Nov-98 Totals Check Number REED VENDING 57599 REED VENDING Check Number 57600 RITZ CA^ffiRA 42.50 42.50 CANDY BARS 57600 04-Nov-98 Totals Check Number RITZ CAMERA 57600 RITZ CAMERA 26.40 26.40 PHOTO PROCESSING Oieck Number 57601 SCHOENHOFF, JOHN 57601 57601 04-Nov-98 04-Nov-98 Totals Check Number SCHOENHOFF, JOHN SCHOENHOFF. JOHN 57601 SCHOENHOFF, JOHN 45.00 178.24 223.24 DARE CONF & RECEPTION LIASON OFFICER CLASS Check Number 57602 SHEMANER, JOYCE 57602 06-Nov-93 Totals Check Number SHEMANER, JOYCE 57602 SHEMANER, JOYCE 117.00 117.00 ELECTION JUDGE Check Number 57603 SHERF, JULIE 57603 06-NOV-98 SHERF, JULIE Totals Check Number • 57603 SHERF, JULIE 96.00 96.00 ELECTION JUDGE Check Number 57604 SMITH k WESSON 57604 57604 OS-Nov-98 05-NOV-98 Totals Check Number SMITH 6 WESSON SMITH 6 WESSON 57604 SMITH k WESSON 799.00 122.00 921.00 BICYCLE PRO-6 15 WATT LIGHT Check Number 57605 SPILSETH, PAT 57605 06-NOV-98 Totals Check Number SPILSETH, PAT 57605 SPILSETH, PAT 96.00 96.00 ELECTION JUDGE Check Number 57606 57606 ST. JOSEPH'S EQUIPI^NT INC. 05-NOV-93 Totals Check Number ST. JOSEPH'S EQUIPMENT INC 57606 ST. JOSEPH'S EQUIPMENT INC 50.00 50.00 ANTENIA/BOOT 6 Nov 1998 Fri 10:34 AM Check Register City of Orono Check Number Date Name Check NUfi^r 57607 57607 STA-SAFE LOCKSMITH 05-NOV-98 STA-SAFE LOCKSMITH Totals Check Number 57607 STA-SAFE LOCKSMITH Oieck Number 57608 STAR TRIBUNE 57608 O5-r^.b-90 STAR TRIBUNE Totals Check Number 57608 STAR TRIBUNE Check Number 57609 STRIN3ER BUSINESS SYSTEMS 57609 04-Nov-98 STRINGER BUSINESS SYSTEMS Totals Check NunOber 57609 STRINGER BUSINESS SYSTEMS Check Number 57610 STUBBS. CHERRY 57610 06-NOV-98 STUBBS. CHERRY Totals Check Number 57610 STUBBS. CHERRY Check Number 57611 SUBURBAN TIRE INC. 57611 04-Nov-98 SUBURBAN TIRE INC, Totals Check Number 57611 SUBURBAN TIRE INC Check Number 57612 TEMACA LAWN SPRINKLERS. INC 57612 04-Nov-98 TEMACA LAWN SPRINKLERS, INC Totals Check Number 57612 TEMACA LAWN SPRINKLERS. INC Check Number 57613 THORNE. MARILY B. 57613 06-Nov-98 THORNE. MARILY B. Totals Check Number 57613 THORNE. MARILY B. Check Number 57614 TILLOTSON, GLENN 57614 06-NOV-98 TILLOTSON. GLENI^ Totals Check Number 57614 TILLOTSON, GLENN Check Number 57615 TOLL GAS & WELDING SUPPLY 57615 05-NOV-9B TOLL GAS & WELDING SUPPLY Totals Check Number 57615 TOLL GAS k WELDING SUPPLY Check Number 57616 TOWARD. HELEN Transaction Amount 50.00 50.00 104.00 104.00 399.26 399.26 108.00 108.00 465.19 465.19 464.46 464.46 96.00 96.00 48.00 48.00 12.73 12.73 Page 13 Comments LINK DOOR LOCK REPAIR 13 WEEK SUBSCRIPTION OPC UNIT. TONER ELECTION JUDGE SNOW TIRES •>PR SPR^R LINES CB PARK ELECTION JUDGE ELECTION JUDGE ANTI SPATTER SPRAY A i 6 Nov 1998 Fri 10:34 AM Check Register City of Orono Page 14 Check Number Date Name Check Number 57616 57616 TOWARD, HELEN 06-Nov-98 TOWARD, HELEN Totals Check Number 57616 TOWARD, HELEN Check Number 57617 TOWARD, WILLIAM R. 57617 06-NOV-98 TOWARD, WILLIAM R Totals Check Number 57617 TOWARD, WILLIAM R Check Number 57618 TRACY TRIPP FUELS 57618 05-NOV-98 TRACY TRIP? FUELS Totals Check Number 57618 TRACY TRIP? FUELS Check Number 57619 UNUM LIFE INSURANCE - LIFE Totals Check Number 57620 US WEST COWUNICATIONS Check Number 57621 VALITON, SALLY 57621 06-NOV-98 VALITON. SALLY Totals Check Number 57621 VALITON. SALLY Check Number 57622 VILLAGE CHEVROLET 57622 05-NOV-98 VILLAGE CHEVROLET Totals Check Number 57622 VILLAGE CHEVROLET Transaction Amount 96.00 96.00 108.00 108.00 2.742.73 2.742.73 220.21 102.00 102.00 12.60 12.60 Comments ELECTION JinX5E ELECTION JUDGE 2978 GALS - UNLEADED 57619 06-Nov-98 UNUM LIFE INSURANCE - LIFE 0.70 LIFE INSURANCE 57619 06-Nov-98 UNUM LIF'*INSURANCE - LIFE 4.62 LIFE INSURANCE 57C19 06-NOV-98 UNUM LIFE INSURANCE - LIFE 10.78 LIFE INSURANCE 57619 06-NOV-98 UNUM LIFE INSURANCE - LIFE 437.85 LIFE INS^JRANCE 57619 06-NOV-98 UNUM LIFE INSURANCE - LIFE 0.15 AD&D INSURANCE 57619 08-Jul-98 UNUM LIFE INSLPA.NCE - LIFE 1.66 JULY AD&D 57619 OB-Jul-98 UNUM LIFE INSURAIiCE - LIFE 3.89 JULY AD&D 57619 OS-Jul-98 UNUM • LIFE INSURANCE - LIFE 85.20 JULY AD&D Totals Check Number 57619 UNUM LIFE INSURANCE - LIFE 544.85 Check Number 57620 US WEST COFC^JIilCATIC.NS 57620 13-Feb-98 US WEST COMMUNICATIONS 57.41 CIVIL DEFENSE 57620 04-Feb-98 US WEST CCNMUNICATIONS 253.40 PHONE SERVICE 57620 04-Feb-98 US WEST COMMUNICATIONS 260.23 PHONE SERVICE 57620 04-Feb-98 US WEST COMMUNICATIONS 34.26 PHONE SERVICE 57620 04-Feb-98 US WEST COMMUNICATIONS 14.68 PHONE SERVICE 57620 04-Feb-99 US WEST COMMUNICATIONS 440.44 PHONE SERVICE 57620 04-Feb-98 US WEST C0N3-rUNICATIONS 59.32 PHONE SERVICE 57620 04-Feb-98 US WEST COMMUNICATIONS 43.60 PHONE SERVICE 57620 04-Feb-96 US WEST C0!^WNICATIONS 56.87 PHONE SERVICE ELECTION JUDGE SEAL 8428 Records Read 1487 Records Selected 206 Number of Pages 16 CO u NGI l MiiSli Cl NOV 8 1998 ORONO PLANNING COMMISSION Monday, October 19.1998 C-'TyC"’ >3 ROLL: The Orono Planning Commission met on the above date with the following members present: Chair Sandra Smith, William Stoddard. Elizabeth Hawn. Dale Lindquist. Commissioner Charles Schroeder arrived at 6:45 p.m., and Commissions Janice Berg and Lili McMillan were absent. The following represented City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren. Assistant Zoning Administrator Paul Weinberger, Senior Planning Coordinator Mike Gaffron, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:31 p.m. RENEWALS AND AMENDMENTS: PUBLIC HEARINGS (#1) #2421 JOANN JUNDT, 1400 BRACKETS POINT ROAD - VARIANCE RENEWAL, 6:32 p.m, 6:34 p.m. There were no public comments. Lindquist moved, Stoddard seconded, to approve Application #2421,1400 Bracketts Point Road, renewal of setback and hardcover variances per the findings and conditions of Resolutions #3786 and #3986. VOTE: Ayes 4, Nays 0. (#2) #2431 ROGER OLSEN, 815 PARTENWOOD - VARIANCE RENEWAL, 6:34 p.m. -6:36 p.m. There were no public comments. Lindquist moved, Hawn seconded, to approve Application #2431, 815 Partenwood, renewal of variances for lakeshore setback and hardcover in the 0-75' setback per the findings and conditions of Resolution #4004. VOTE: Ayes 4. Nays 0. (#3) 2434 CAROL OLSON, KID'S ART SCHOOL, 2180 NORTH SHORE DRIVE - CUP AMENDMENT, 6:36 p.m. - 6:40 p.m. Carol Olson was present. Van Zomeren stated the Applicant is requesting an amendment to the conditional use permit to allow a tipi to be located on the property for educational purposes, which is considered to be an accessory use to the art school. Lindquist inquired whether the Applicant had any concerns with City Staffs recommendations Olson stated she was fine with the recommended conditions. Page 1 4 R:TrtTsrtlM rtTiiatra#:nTiitnirti [•itrthTCt [•nitnfra rtiivt] rtmitmwc •iiaiiit r:a«ifnrtmi0V«] [•JMW •lail: •fTifsir^rt [•Vtlh [•mtzu] r#iair#Tt r#7ilil -ftWllM [•Kvrti •1:4 ra •■•Ih r«W:lfri]rtrtT:rf:It [•■llT: rfioTti ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2410 Peter Boynton, continued) hardcover in the 0-75* setback and 75-250* setback, a variance to the structural lot coverage, and a height variance. A conditional use permit is also required to allow for any grading in the 0-75* setback. Van Zomeren stated the proposed hardcover in the 0-75* setback is 1,054 square feet or 17.9 percent where 1,258 square feet is currently existing. The revised plan is also proposing hardcover of 29.64 percent where 32.9 percent is currently existing. This application should be treated as a complete tear down and should meet all required code provisions. Van Zomeren noted the Applicant was advised at the previous meeting to limit structural coverage to 1,500 square feet and to minimize the need fcr setback variances, which the proposed plan does not comply with. Chair Smith inquired whether the new plan is proposing to go up with the new structure. Van Zomeren replied the proposed structure does exceed the standard height requirements. Boynton stated they are attempting to design something that will fit over the old building pad. Boynton commented the existing foundation is not suitable and the house is deteriorating. Boynton's builder stated the street is lower than the existing residence. Schroeder inquired when the property was purchased. Boynton stated they purchased the property three years ago with the intention of remodeling the existing structure. Van Zomeren stated the Applicant has discussed the height of the proposed structure with Staff which requires a variance to the height requirement. Boynton stated the proposed structure is 30 feet hiynerthan the road without the ten feet credit for the elevation of the street. Lindquist stated he does not have a problem with the height of the structure, but noted the proposed structure should comply with the structural coverage limit. Boynton stated they are attempting to utilize the same building pad because a neighbor had expressed concerns about the house being located further back. Chair Smith inquired whether there were any public comments concerning this application. Boynton commented they are attempting to comply with the requirements as much as possible. Chair Smith stated some variances will be needed, noting the structure could be constructed to le^isen some of the variances Tom Mortenson, 1971 Fagerness Point Road, stated he has spoken with Mr. Boynton about the proposed structure. Mcrtenson commented he has a problem with the height of the structure, noting the Applicant is proposing to construct a 40 foot wall six feet from the lot line which will block his view considerably. Page 3 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2410 Peter Boynton, continued) Van Zomeren stated the elevation height at the peak of the house is 985 feet. Boynton remarked if the house is built further back, it will require more excavation. Chair Smith commented if the structure is moved back, it will eliminate some of the variances for the setbacks. Mortenson stated if the house is moved further back, he will not have a problem with the height of the structure. Kathy Lee. neighbor, stated she is not opposed to moving the structure further back. Van Zomeren commented she was unsure whether the present garage foundation was adequate to build on. Boynton stated he is agreeable to moving the structure back. Hawn stated she would not be in favor of granting a variance to the structural coverage. Lindquist commented the height and structural coverage of the building need to be addressed further. Stoddard stated he was in agreement that the structural coverage and height of the building should be addressed. Chair Smith recommended tabling the application to allow the Applicant time to submit revised plans. Schroeder stated structural coverage should be limited to the allowable limit. Lindquist moved, Hawn seconded, to table Application #2410,1973 Eagerness Point Road, to allow the Applicant time to submit revised plans. VOTE: Ayes 5, Nays 0. Hawn thanked the adjoining property owners for attending tonight ’s meeting and giving their input on this application. SCHEDULED PUBL«C HEARINGS: SUBDIVISIONS (#8) #2425 REBERS CONSTRUCTION. 2190 WEST WAYZATA BOULEVARD - SUBDIVISION RENEWAL, 7:17 p.m. - 7:40 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Sidney Rebers was present. Gaffron stated this application is for renewal of approval granted in 1997 for the conversion of Outlot E, Sugar Woods, be converted to buildable lot status to enable commercial development of the property This property was originally platted and approved in 1989, which allowed the Rebe.*s to postpone dedication of a specific service road corridor through Outlot F until Outlot F was further Page 4 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2425 Rebers Construction, continued) divided. That 1989 plat approval further required that future development of Outlots E and F be accessed by the service road rather than directly to Highway 12. The 1997 approval allowed the actual construction of the service road to be delayed, although Lot 1 will bear the costs of the frontage road adjacent to Lot 1, with the property owner retaining the right to contest the necessity and feasibility of such a road at the time it is proposed. Gaffron noted the preliminary approval is to expire October 13,1998. and the Applicant is requesting a renewal of the preliminary subdivision with no proposed changes. Resolution No. 3972 contains a number of findings regarding this subdivision which support the final conditions of approval. Gaffron stated no park fee was paid for Outlots E and F in the original platting of Sugar Woods, so a park fee is now due for the conversion of Outlot E to buildable lot status. Staff recommends renewal of the preliminary plat approval granted approximately one year ago, with no tevisions or changes, subject to the resolution of a stormwater plan and an estimate of future road costs. Chair Smith inquired whether there were any public comments regarding this application. Lindquist noted this is basically a renewal of a previous application. Dick Schumer, 2106 Sugar Woods, inquired what is currently being proposed for an access road. Gaffron stated at this time neither the City nor property owners have any intent to construct a service road, but potentially a road could be constructed out to Brown Road. Schumer inquired what the purpose of the frontage road would be. Gaffron stated the creation of a service road north of Highway 12 connecting Willow Drive and Brown Road is outlined in Orono's 1987-88 Comprehensive Plan, which will limit access to controlled intersections. Gaffron stated the City would like to leave the option open to construct the road if it should become necessary. Carl Berg stated he is purchasing one of the homes in the subdivision and raised concerns about the fact that some homes are not currently occupied and that this is not a true representation of the people who will be affected in the future by the creation of the road. Berg commented he has reviewed a study which indicates that Brown Road and Highway 12 will experience less traffic volume after the Highway 12 improvement. Berg remarked that the creation of this service road could also negatively impact the value of these homes. Chair Smith remarked that it is the City’s philosophy to plan for the future as much as possible but it would be impossible to address this issue fully at tonight's meeting. Schroeder commented it will probably be a long time before this road is constructed. Lindquist noted there is no intention at this time to construct the service road at this location. Gaffron noted there will be future public hearings if the service road is ever proposed. Stoddard moved, Schroeder seconded, to approve Application #2425, 2190 West Wayzata Boulevard, Renewal of Preliminary Subdivision Approval - Conversion from Outlot to Lot Status - Outlot E, Sugar Woods. VOTE: Ayes 5, Nays 0. Page 5 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#9) #2426 GEORGE STICKNEY, VICINITY OF 450 WILLOW DRIVE SOUTH and 2340 FOX STREET - SUBDIVISION. 7:43 p.m. - 7:48 p.m. The Ceilificate of Mailing and Affidavit of Publication were noted. George Stickney was present. Van Zomeren stated the Applicant is proposing to subdivide a 6 2/3 acre parcel into two zoning lots. Lot 1 would consist of 4.02 acres and Lot 2 would consist of 2.57 acres which meet the minimum lot width and lot area requirements. Van Zomeren staled this properly lies within the RR-1B zoning district which requires that all lots have a two acre minimum and have two suitable sites for septic. Van Zomeren commented Steve Weckman has reviewed the site and expressed concerns about the septic site on Lot 2. but other sites might be available. Two suitable septic sites are available on the north lot. Van Zomeren stated access to the sites needs to be reviewed as well as plans for drainage. This application has been sent to the Hennepin County Assessor to determine a park dedication fee. Staff recommends approval subject to final approval of the septic plan. Stickney stated it is his intention to live on the four acre parcel, noting there are three suitable septic sites available on that lot. There were no public comments. Lindquist indicated he was in favor of the application. Lindquist moved, Hawn seconded, to approve Application #2426, Vicinity of 450 Willow Drive South and 2340 Fox Street • Subdivision, subject to the conditions outlined in the October 15, 1998 Planner's Report. VOTE: Ayes 5, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#14) #2427 KENTON AND DIANE CARLSON, 3498 NORTH SHORE DRIVE - VARIANCE, 7:59 p.m. - 8:03 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Kenton and Diane Carlson were present. Van Zomeren stated this application is dealing with after-the-fact variances for a porch that was added t^' the south side of the house that was not part of the original structure that was damaged by the early summer storms. An after-the-fact side yard variance is needed to allow the porch to oe located 3.2 feet from the east property line. An after-the-fact variance to the structural lot coverage is also needed to allow an additional 159 square feet to be added as structural coverage. Currently with the porch there is 26.25 percent structural lot coverage. Hardcover in the 75-250 setback has increased from 36.16 percent to 37.43 percent, which requires an after-the-fact variance. Page 6 1 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2427 Kenton and Diane Carlson, Continued) Van Zomeren commented the drawing shows 3/4' stone along Baldur Park Road and in the yard between the house and north property line. Currently a boat is stored on the rock. Staff is recommending that this area be regarded as hardcover but not included in the hardcover survey. Staff is recommending that this stone or rock be replaced with sod and landscaping. Staff is also recommending approval of the after-the-fact variances for structural lot coverage, side yard setback, and hardcover, with the condition that no further variances for hardcover and structural coverage be granted. Carlson stated he intends to sell the boat or house the boat indoors. Chair Smith suggested the Applicant seriously consider adding sod to that area Carlson commented he could put in a decorative garden in that area. There were no public comments. Chair Smith stated the Planning Commission will give the Applicant a reasonable amount of time in which to remove the boat. Lindquist suggested by June 1,1999. the Applicant have grass in the area and the rock removed. Chair Smith suggested the boat be removed within 60 days. Smith inquired whether hardcover for this lot should be reduced. Van Zomeren recommended no new hardcover or structural coverage be allowed on the property. Stoddard moved, Smith seconded, to approve Application #2427, 3498 North Shore Drive, granting of after-the-fact vaiir.nces for side yard setback, hardcover, and structural coverage, subject to removal of the boat within 60 days o{ today's date, and further subject to the condition that the rock be removed and sod be placed in the area where the boat is currently stored, and further subject to the stipulation that no new hardcover or structural structure will be allowed on this property in the future. VOTE: Ayes 5, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#4) #2395 BRENT BENTROTT, 1453 PARK DRIVE - VARIANCES AND CONDITIONAL USE PERMIT, 8:04 p.m. - 8:54 p.m. Mr. and Mrs. Brent Benlrott were present Van Zomeren stated the Applicants have appeared at the July 20th and August 17th Planning Commission meeting requesting hardcover variances, a 10 foot vacation of Bluff Street, and side yard adjacent to street setoack variances. Van Zomeren commented the Applicants have submitted a new plan which requires a side yard adjacent to street variance to allow a new deck and porch to be located one foot from the property line, as well as a side yard adjacent to street variance to allow a new garage to be located eight feet from the property line where 35 fe'>t is required. A variance to hardcover is also required in the 75-250 ’ setbacK to allow 35.32 percent hardcover. ♦ Page 7 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2395 Brent Bentrott, continued) Van Zomeren stated a conditional use permit is also required to alter land and grade within five feet of the property line which will require proper notification to the adjoining property owners. Bentrott commented his architect has reviewed Kellogg’s letter and responded to the concerns. Bentrott stated they are contemplating planting hostas and other green cover along the bank to avoid the necessity for mowing. Mrs. Bentrott commented they have planted hostas previously along an existing bank. Bentrott stated they could also consider constructing a retaining wall or move the fill somewhat. Chair Smith inquired whether the water drainage issues concerning the adjoining properties have been adequately addressed. Bentrott slated their adjoining neighbor is in the process of remodeling as well. Lindquist stated a joint drainage and grading plan should be developed between the property owners to resolve any water runoff issues. Bentrott remarked he was unsure what Item No. 4 in Tom Kellogg's letter was referring to. Van Zomeren staled the language contained in Items 3 and 4 is standard language for a subdivision, and was not sure of Mr. Kellogg's intent by including that language in his letter. Bentrott commented he is frustrated by the continual requests by the Planning Commission at each meeting to change a different aspect of the plan, noting he requested at the last meeting to have the Planning Commission give better direction on what they would like to see changed in the plan. Van Zomeren stated Staff has received a letter from the Palms at 1447 Park Drive expressing their support of this application. Bentrott commented according to the building inspector, his present driveway is a hazard due to the necessity to back out onto the street. Hawn stated she has concerns about the amount of fill that will be necessary. Chair Smith stated the drainage issues still need to be addressed before this application could be approved. Stoddard stated he was okay with the three foot setback on the side for the proposed three season porch. Hawn commented that she knows the Applicant has appeared before the Planning Commission three times, noting there are substantial issues that need to be addressed with this application Lindquist staled a definite plan for the grading and drainage needs to be submitted. Van Zomeren stated notification needs to be given to the adjoining property owners of the request for a conditional use permit for any grading within five feet of the property line, noting there was not sufficient lime to give notice to the neighbors before tonight's meeting. Van Zomeren commented the Applicants have been working closely with City Siaff to get an acceptable plan together. Page 8 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2395 Brent Bentrott, continued) Chair Smith inquired when the Applicants were planning on commencing construction. Bentrott stated they had wanted a fall start date but have pushed it back to the spring. Chair Smith suggested putting this item on the November agenda to allow the Applicants time to submit a detailed drainage plan and less fill required. Bentrott inquired whether the Planning Commission could approve the application subject to the submittal of a drainage and grading plan. Schroeder stated an acceptable drainage plan needs to be submitted before approval can be given. Van Zomeren stated the steepness of the driveway also should be addressed. Stoddard suggested approving the side yard and hardcover variances subject to the submittal and approval by City Staff of a grading and drainage plan. Lindquist inquired whether the Planning Commission was in favor granting the variances. It was the concensus of the Planning Commission to approve the variances subject to an acceptable grading and drainage plan. Schroeder moved to approve Application #2395,1453 Park Drive, granting of variances to side yard adjacent to street to allow a new deck and porch to be located one foot from the property line, a side yard adjacent to street variance to allow a new garage to be located eight feet from the property line, a variance to the hardcover requirements in the 75-250' setback as outlined in the Planner's Report dated October 14,1998, subject to the submittal and approval of a drainage and grading plan before commencement of construction. Van Zomeren noted an extension will be required because the 60 days expires November 8th. Schroeder suggested tabling the item since notification has noi bee'' given for the conditional use permit. Schroeder withdrew his motion pending submittal of a grading and drainage plan. Van Zomeren stated the variances are part of the old application. Schroeder suggested submitting a new application for the variances as well as inclusion of the request for a conditional use permit. Chair Smith stated it was the concensus of the Planning Commission that the variances will be approved subject to the submittal of an acceptable drainage and grading plan. Smith moved, Schroeder seconded, to table Application #2395,1453 Park Drive, to allow the Applicants time to submit a drainage and grading plan. VOTE: Ayes 5, Nays 0. (#7) #2413 PAUL AND MEGAN BENNETT, 500 HANLON AVENUE - VARIANCES. 8:55 p.m. 9:05 p.m. Paul and Megan Bennett were present Page 9 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2413 Paul and Megan Bennett, continued) Weinberger stated this item was before the Planning Commission at the September meeting where it was tabled to allow the Applicant time to pursue possible purchase of an adjacent tax forfeited lot. The Applicants are proposing to construct a 20 ’ by 24' garage with second floor living space to the existing residence which requires variances to the side yard adjacent to street setback requirements, side yard setback requirements, rear yard setback requirements, and a variance to the structural coverage. Weinberger noted in 1991, the City Council adopted Resolution No. 2982 to permit the construction of a deck by the previous owner with the advisement that future proposals to increase lot coverage by structure on this property would not be looked upon favorably by the City Council. Weinber er staled without the adjoining lot the hardcover would be at 31 percent and with the adjacent ,ot it would be 14.4 percent. Bennett commented he is willing to purchase the tax forfeited lot but would like to negotiate on the special assessment for the sewer. Chair Smith stated the Planning Commission does not have the authority to waive special assessments and it would need to be brought before the City Council. Lindquist commented he would approve the application if the adjoining lot is purchased and would deny the application if the adjoining lot is not purchased. It was the concensus of the Planning Commission that the application be approved subject to the purchase of the adjoining lot. There were no public comments. Smith moved, Schroeder seconded, to approve Application #2413, 500 Hanlon Avenue, as outlined In the October 15,1998 Planner's Report, subject to the acquisition and legal combination with this property of the tax forfeited property. VOTE: Ayes 5, Nays 0. NEW BUSINESS: PUBLIC HEARINGS, CONTINUED (#10) #2411 PAUL HANSSEN, 3195 CASCO CIRCLE • VARIANCE AND CONDITIONAL USE PERMIT, 9:08 p.m. - 9:27 p.m. The Certificate of Mailing and Affidavit of Publication were noted Paul Hanssen was present. Weinberger stated the Applicants are requesting a land alteration permit to replace a boathouse 15 feel from the lakeshore as well as replacement of a deck located on top of the boathouse that was damaged in a wind storm. The building official has reviewed the boathouse and has determined tne boathouse to be in a deteriorating condition which was not the result of the wind storm. Weinberger remarked the Applicant has hired a structural engineer to review the boathouse and was advised that the front and back walls would need to be replaced as well as portions of the side walls. The structure's foundation will also need to be replaced which will require a conditional use permit. Page 10 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2411 Paul Hanssen, continued) Staff is recommending the boathouse be treated as a new structure due to the major renovation work that needs to be completed. Staff is rr commending denial of the request since the Zoning Code does not allow any structure within 7*= ff^et of the lakeshore. ’-tanssen stated they have recently purchased the property with the intention of maintaining the boathouse, noting the boathouse is an attractive feature of the property. Hanssen presented the Planning Commission with three letters from the adjoining neighbors expressing their support of allowing the boathouse to remain. There were no public comments. Hawn commented she was not anxious to allow structures along the lakeshore, but stated the Applicant should have the right to rebuild since the structure was pre-existing. Chair Smith noted the structure was already in disrepair at the time of the purchase of the property. Weinberger noted the boathouse was not damaged by the storm but has deteriorated over the years. Stoddard stated he is in favor of the application Schroeder inquired whether improvements to this structure could be made since the improvements may exceed the 50 percent limit allowed for under the ordinance, and recommended the application be denied. Lindquist stated if the improvement costs exceed 50 percent of the fair market value, then the application should be denied. Weinberger stated more information should be obtained on the fair market value. Schroeder commented it is his understanding the value of the structure is what it was in 1975 or 1976 when the ordinance was passed and the improvements cannot exceed 50 percent of that value Hanssen stated when the property was purchased he knew the boathouse would need some work but thought the structure would last for another ten to fifteen years. Chair Smith stated the Planning Commission is not in a position to determine the value of the structure or the cost of the improvements. Weinberger commented a conditional use permit is needed to do the work around the foundation. Chair Smith suggested tabling the matter until further information can be gathered concerning the ordinance and the fair market value of the structure. Stoddard moved to approve Application #2411, 3195 Casco Circle, granting of a variance to the hardcover requirements in the 0-75' lakeshore setback, a variance to allow a boathouse to exist within 75* of the lakeshore, a variance from the side yard adjacent to street setbacks, and a conditional use permit to allow work on the foundation. MOTION DIED DUE TO LACK OF A SECOND. Lindquist moved. Smith seconded, to deny Application #2411, 3195 Casco Circle. VOTE; Ayes 4, Nays 1, Stoddard opposed. Page 11 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (^2411 Paul Hanssen, continued) Chair Smith noted the value of the structure should be reviewed by the City Council. (#11) #2422 RICHARD GAY. 2735 SHADYWOOD ROAD - VARIANCE, 9:28 p.m. - 9:48 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Richard and Tanya Gay were present. Weinberger stated the Applicants are requesting to construct a six foot fence within the average lakeshore setback which exceeds the maximum three and a half foot height limit. The Applicant has stated the three and a half foot fence is not adequate to contain his two Russian Wolfhounds. City Staff is recommending denial of this application since fences are not allowed within 75 feet of the lakeshore. Richard Gay stated they have recently purchased the property and would like to erect a fence to house his dogs. Gay remarked he has spoken with the neighbors who are in favor of the fence, noting he is willing to plant additional landscape to provide more screening. Tanya Gay commented they currently have two Russian Wolfhounds, which are large dogs, and the fence is needed to prevent them from leaving the yard Gay stated the dogs are capable of jumping over a three and a half foot fence which necessitated the need for the higher fence. Richard Gay stated he was not aware that he would need to obtain approval to construct a six foot fence at the time of the purchase and only became aware of that fact after the property was purchased. There were no public comments. Lindquist inquired whether invisible fencing could be utilized. Gay stated the invisible fencing would not deter the dogs. Lindquist stated he understands the desire for the fence, but he does not look favorably on fences within 75' of the lakeshore. Chair Smith agreed with Lindquist. Schroeder stated the hardship is not related to the topography of the land. Stoddard wondered whether all of the options have been pursued regarding this application Chair Smith suggested that perhaps the fence could be removed when the property was sold. Gay indicated he would be in favor of removing the fence at the time of sale. Lindquist inquired whether the fence could be kept out of the front yard. Gay stated they o.e proposing to locate a portion of the fence in the front yard to permit access for the dogs into the house. Page 12 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (02422 Richard Gay, continued) Lindquist stated the Planning Commission needs to stay consistent with the ordinance. Chair Smith indicated the Planning Commission makes recommendations to the City Council and the Council has the option of approving or denying the application. Lindquist moved, Hawn seconded, to deny Application 02422, 2735 Shadywood Road. VOTE; Ayes 5, Nays 0. (012) 02423 GAR A GEHRING AND TOM TERRY, 340 LEAF STREET - VARIANCE, 9:48 p.m. - 9:52 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Gara Gehring and Tom Terry were present. Weinberger stuied the Applicants are proposing to construct a 70.8 square foot roofed entrance to serve the existing residence which requires a variance to the front yard setback. Staff recommends approval of the application. The Applicant had no comment. There were no public comments. Schroeder moved. Smith seconded, to approve Application 02423, 340 Leaf Street, granting of a variance to the front yard setback per the recommendations contained in the October 5,1998 Planner’s Report. VOTE: Ayes 5, Nays 0. (Recess taken from 9:53 p.m. -10:01 p.m. (013) 02424 GREG KLOHN, 4455 NORTH SHORE DRIVE - VARIANCE, 10:01 p.m. - 10:17 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Greg Klohn was present. Weinberger stated the Applicant is requesting an after-the-fact variance to complete a deck currently under construction on the back portion of the house. The deck would require a variance to the average lakeshore setback as well as a variance to the hardcover in the 250-500' lakeshore setback. The deck would add 136 square feet of hardcover in the 75-250' lakeshore setback, which would bring total hardcover to 35.1 percent where the allowable limit is 30 percent. Staff recommends approval of the application. Klohn stated the deck was damaged in the storm and he would like to replace what was damaged. Klohn inquired whether he would be allowed to replace the one stall garage located near the front lot line that was damaged during a storm. Weinberger stated the Planning Commission is not acting on that at this time Page 13 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2424 Greg Klohn, continued) Hawn noted the Applicant needs to look at the overall structural coverage and determine what he wishes to construct on the property. Klohn stated he would like to construct a garage in the future. Chair Smith indicated the Planning Commission cannot act on the garage at this time. Lindquist recommended the Applicant look at the other options and the structural coverage requirements that are imposed on the propei iy before construction of the deck is commenced. Chair Smith commented the Applicant may want to construct a garage rather than a deck and the small addition. Smith suggested the Applicant explore his options before proceeding further. Klohn indicated he had the understanding you could replace what was existing. Lindquist advised the Applicant that the whole picture needs to be considered. Klohn inquired whether a variance to increase hardcover could be considered at tonight ’s meeting. Chair Smith stated the application could be tdbled to allow the Applicant time to review his options. Klohn indicated he would like to commence construction before winter. Chair Smith remarked the Applicant has the option of having the item tabled or having the Planning Commission act on the application that is before them tonight. Klohn stated he would like the Planning Commission to act on the application tonight. There were no public comments. Schroeder moved. Lindquist seconded, to approve Application #2424, 4455 North Shore Drive, granting of a variance to the average lakeshore setback and a variance to the hardcover in the 250-500' lakeshore setback. VOTE: Ayes 5. Nays 0. (#15) #2428 TERRY MAURER ON BEHALF OF DAVID HARDTEN, 2515 KELLY AVENUE, VARIANCE, 10:18 p.m. -10:53 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Terry Maurer and David Hardten were present. Weinberger stated the Applicants are proposing to remove the existing house and detached garage on the property to construct a new residence with attached garage. The Applicants would like to keep the existing boat house with stairs along the lakeshore during the construction period. Weinberger stated the application requires a variance to allow the accessory structure to remain on the property without a principal structure, a variance to the hardcover in the 0-75 ’ lakeshore setback, a variance to hardcover in the 75-250’ lakeshore setback, and a variance to hardcover in the 250-500 ’ lakeshore setback. Overall this application is proposing to reduce hardcover on the lot from 10,110 square feet to 9,361 square feet. Page 14 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2428 Terry Maurer, continued) Weinberger commented this property lies within the LR-1B district, which has a minimum of one acre. This lot is pie shaped which creates a hardship for the lakeshore hardcover setbacks. Staff is recommending approval of this application. Maurer. Developer, stated they have explored several options in connection with construction of the new residence and have attempted to keep the proposed residence consistent with the other homes in the area. Lindquist inquired whether hardcover could be reduced to 25 percent in the 75-250' setback. Maurer pointed out that the residence shares a driveway. Hawn stated the Planning Commission likes to keep hardcover at 25 percent when a new residence is being built. Lindquist inquired whether the driveway coui'^ Lw • educed at all. Stoddard noted the garage is being removed and constructed in a different zone. Stoddard commented drainage is not a problem because the water drains into the wetland across the street. Stoddard suggested giving a credit for the shared driveway and the triangular lot. Schroeder indicated overall hardcover is being reduced by approximately 1.000 square feet. Chair Smith stated she would like to have the hardcover numbers for each zone. Weinberger stated the survey did not contain the hardcover numbers for the old proposal, noting this should be treated as a vacant lot. Hardten commented this proposal is the best plan they could devise for this lot. Chair Smith commented she would like to see hardcover reduced to 25 percent. Hardten staled they are proposing to reduce the overall hardcover. Chair Smith noted the overall picture needs to be taken into account Jeff Lambertson, Builder, stated no credit was being given for the shared driveway, which would a.TJCunt to 800 square feel if the credit were given. Van Zomeren stated the neighbor needs access off of this dnveway. Steddard commented the unique shape of the property poses a hardship, Chair Smith inquired whe ther the size of the garage could be reduced at all. Maurer stated they are proposing to construct a 32 ’ by 22' garage, which could be reduced somewhat. Lindquist .stated the application should be limited to 25 percent hardcover on a new rebuilt. Page IS I ORONO PLANNING COMMISSION MONDAY, OCTOBER 19.1998 (#2428 Terry Maurer, continued) Chair Smith inquired whether hardcover could be reduced to approximately 26.5 percent with the Applicants given credit for the shared driveway and triangular lot. Lindquist commented that the City Council may require the hardcover be limited to 25 percent regardless of what the Planning Commission recommends. Schroeder stated he recognizes this lot has a hardship due to the unique shape of the property, and would be willing to make a motion to approve this application. Hawn recommended the Applicant revise the plans to reduce hardcover to 26 percent before the City Council meeting. Lindquist moved to approve Application #2428, 2515 Kelly Avenue, as submitted. MOTION DIED DUE TO LACK OF SECOND. Chair Smith suggested the Applicant calculate how much the shared driveway accounts for. Van Zomeren stated two percent cannot be taken off by reducing the driveway alone, noting the garage could be reduced to help lower the hardcover numbers. Schroeder moved, Lindquist seconded, to approve Application #2428, 2515 Kelly Avenue, granting of a variance to hardcover in the 0-75' setback of 924 square feet, a variance to hardcover in the 75-250' setback of 27 percent, a variance to hardcover in the 250-500' setback to allow 33.2 percent hardcover due to the shared driveway and the triangular shape of the lot which creates a hardship and a variance to allow an accessory structure to remain on the lot without a principal structure. VOTE: Ayes 5, Nays 0. Weinberger noted the exact hardcover numbers will be needed by Wednesday morning (#16) #2429 JEFFREY BRAUCHLE AND ELISA SCHOONOVER, 650 NORTH ARM DRIVE - VARIANCES, 10:53 p.m. -11:00 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Jeffrey Brauchle was present. Weinberger slated the Applicants are requesting several variances that would allow for the replacement of a deteriorating lakeside deck on their home. They are requesting to replace only the existing deck and do not plan to increase the size of the deck or encroach closer to the lake. Weinberger remarked variances to hardcover are needed as well as a variance to permii the reconstruction of a deck 63 feet from the lakeshore. Weinberger noted very little of the residence lies within the 75-250' setback. Staff recommends approval of the variances subject to removal of some plastic underlayment located under a layer of rock to allow for better water seepage into the ground. Brauchle slated he is agreeable to removing the plastic extending beyond the deck. Lindquist stated he does not have a problem with this application as it is merely replacing what was Page 16 I ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#2429 Jeffrey Brauchle, continued) damaged. There were no public comments. Lindquist moved, Hawn seconded, to approve Application #2429, 650 North Arm Drive, as outlined in the October 12,1998 Planner's Report, subject to the removal of the plastic underlayment. VOTE: Ayes 5, Nays 0. (#17) #2432 GREENFIELD CORPORATION, 4755/4775 BAYSIDE ROAD - EASEMENT/SUBDIVISION, 11:01 p.m. • 11:12 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Laurie Lundeen, Greenfield Corporation, and Jim DeBerg were present. Van Zomeren stated the Applicants have sold Lot 1 and have granted a 20 foot private driveway easement over Lot 3 to provide access. The private driveway easement is not in compliance with the resolution that required access to Lot 1 be via Outlet A. Van Zomeren commented that driveway easements tend to cause confusion as to ownership and rights as well as issues surrounding location of garbage cans, mailboxes, landscaping, mowing, and maintenance, and Staff would prefer that driveway easements not be utilized if at all possible. In order for this easement to be recognized by the City, the City Council would need to retract that portion of the resolution dealing with the location of the driveway. DeBerg stated the outlet is currently being used for access. Lundeen stated there was a private driveway easement granted. Van Zomeren remarked there was a resolution signed by the City Council which specified how access to these lots was to be provided, and this private easement represents a change to that resolution. DeBerg commented the outlet still provides the access. Hawn stated the parties need to follow the conditions outlined in the resolution. Van Zomeren stated before access was determined, there should have been a review done of the available building pads. Lindquist inquired whether they could do a lot line rearrangement. Chair Smith inquired whether the Applicants wanted the Planning Commission to act on this matter tonight. DeBerg requested the Planning Commission act on the application. There were no public comments. Schroeder moved. Smith seconded, to deny Application #2432, 4755/4775 Bayside Road, based upon Resolution No. 3750. VOTE: Ayes 5, Nays 0. Page 17 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#18) #2433 DORIE FINN. 1640 SHADYWOOD ROAD - VARIANCE, 11:13 p.m. -11:20 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Dorie Finn was present. Weinberger stated the Applicant has applied for several variances to allow replacement of a first-story deck, second story deck, and stairway. The City Building Inspector has determined that the amount of replacement has exceeded the amount of damage, with no building permit being on file for the first floor deck. Weinberger stated parts of the railing were replaced as well as some beams that were not damaged as a result of the storm. The City Attorney has determined that the property owner has a right to replace what was damaged. This application is dealing only with the first-story deck and stairway to the second story deck, which has been determined not to have been damaged in this storm. Weinberger stated this structure was considered as a legally non-conforming duplex for a number of years, but according lo the Applicant, this structure is no longer being utilized for that purpose and is now a single family residence. Finn stated she would like to repair the deck due to safety concerns. Chair Smith inquired whether the size of the deck has increased at all. Weinberger stated the size of the deck has remained the same. Schroeder inquired whether these are after-the-fact variances. Weinbergei stated they were, although most of the materials used to replace the deck were from the existing deck. However, the stairway has not been replaced. Schroeder moved, Hawn seconded, to approve Application #2433,1640 Shadywood Road, granting of after-the-fact variances to repair the first story, second story, and stairway in the same size as they existed prior to the storm damage. VOTE: Ayes 5, Nays 0. SKETCH PLAN REVIEW (#19) #2430 PAUL PHILLIPS, 2140 SIXTH AVENUE NORTH - SKETCH PLAN REVIEW, 11:21 p.m. • 11:25 p.m. Paul Phillips was present. Van Zomeren stated this properly is located in the RR-1B district, which has a minimum of two acres. This lot is comprised of 4.5 acres. The Applicant is proposing to subdivide the 4.5 acre parcel into two lots, with the front lot being two acres and the back lot with an existing residence proposed to be 2.5 acres Van Zomeren remarked the City Council approved a lot line rearrangement in May. 1994. to change the east property line of this parcel to provide a septic site for the adjacent parcel. Van Zomeren stated in January. 1994. the ordinance regarding back lot/'fronl lot requirements was adopted, and the lot with the residence located on it becomes the back lot. Under the current Page 18 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 {#2430 Paul Phillips, continued) proposal, access needs to be further addressed. Utility and drainage easements will need to be granted. Phillips stated the property was platted in 1986, with the intention of the 4.5 acre parcel being subdivided into two lots. Phillips stated he was required to provide access from Lot 4 to Lot 3, but until recently he was unaware of the back lot/front lot requirements. Phillips inquired whether it would be possible to grandfather the property. Schroeder stated since the land was never platted as two lots, it was doubtful whether it could be grandfathered. Weinberger suggested access could be gained off of County Road 6. Van Zomeren stated the County will probably not allow another access off of County Road 6. Lindquist recommended denying the application and putting it on the City Council agenda. Schroeder moved. Smith seconded, to deny Application #2430, 2140 Sixth Avenue North, due to issues dealing with front lot/back lot requirements. NO VOTE TAKEN. Chair Smith remarked the Applicant will need to address the front lot/back lot requirements if he wants the City Council to approve this application. (#20) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON SEPTEMBER 28,1998 AND OCTOBER 12,1998 Janice Berg attended the September 28. 1998 City Council meeting but was absent from tonight ’s meeting. There was no report on the October 12.1998 City Council meeting. (#21) OTHER ISSUES FOR DISCUSSION None (#22) PLANNING COMMISSION APPROVAL OF MINUTES FOR SEPTEMBER 21,1998 Schroeder moved, Lindquist seconded, to approve the minutes of the September 21,1998 Regular City Council meeting as submitted. VOTE: Ayes 5, Nays 0. (#23) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON OCTOBER 26, 1998 AND NOVEMBER 9,1998 October 26, 1998 - Hawn November 9. 1998 - Smith Page 19 F ORONO PLANNING COMMISSION MONDAY, OCTOBER 19,1998 (#24) ADJOURNMENT Schroeder moved, Lindquist seconded, to adjourn the meeting at 11:24 p.m. VOTE: Ayes 5, Nays 0. Sandra Smith, Chair Page 20 ■ To: From; Date: Council & Planning Commission Mike Gaffron, Senior Planning Coordinator f OUN..,. '• November 5,1998 NOV 9 1996 Subject: Highway 12 Corridor: Comp Plan Amendment #2 (1987) At the Work Session on September 23 the Mayor suggested that staff distribute copies/summaries of the work that was done in 1987 regarding the Highway 12 corridor. Attached you will find: 1. 2. Summary of Comprehensive Plan Amendment #2 Summaries of 4 pertinent code sections that could come into play when Highway 12 properties are developed: •Section 10.30 M-6 Multiple Family Planned Residential District (adopted 6-14-76) -Section 10.45 B-6 Highway Commercial District (adopted 5-8-89) -Section 10.52 Special Requirements for Rezoning in the Highway 12 Corridor Study Area (adopted 5-8-89) -Section 10.53 Planned Unit Development (adopted 5-8-89) 3. 4. A full copy of Amendment #2 Summary and sketches of 4 optional development schemes for the area directly north of Highway 12 between Willow and Old Crsytal Bay Road. These plans all fall within the general guidelines adopted in Comprehensive Plan Amendment No. 2. These were developed for discussion purposes by our consultant planners (Dahlgren, Shardlow, Uban, Inc.). Please contact me if you have questions or if you wish more information, L 5F££/0 5 ‘lMpy/ 1 SMART SURVEY SUMMARY 0 <345 ferndale rd> r 3<>council.. :... <sunny> POSTED SPEED LIMIT; <40 mph> SURVEY STARTED: <98/10/28 11:06> FILENAME: 98102811.DAT MIN SPEED ALLOWED <15> MAX SPEED ALLOWED <65> NOV 9 1998 C'Tvr ‘ • * > TIME VEH. AVG. 11:00 11:15 11:30 11:45 12:00 12:15 12:30 12:45 13:00 13:15 13:30 13:45 14 34 38 51 42 52 68 76 57 67 56 79 63 34.0 35.8 34.4 34.1 35.6 37.0 35.6 32.6 34.3 34.8 33.3 32.9 3 TIME VEH. AVG. 16:15 16:30 16:45 17:00 17:15 17:30 17:45 18:00 18:15 18:30 18:45 19:00 19 90 63 96 98 88 100 116 98 107 116 97 90 34.3 33.1 34.9 33.8 35.9 35.5 34.5 34.8 33.0 33.4 34.9 33.2 3 TIME VEH. AVG. 21:30 21:45 22:00 22:15 22:30 22:45 23:00 23:15 23:30 23:45 00:00 00:15 OC 38 57 40 34 14 22 13 2 15 9 14 5 32.6 34.1 34.0 35.3 37.3 33.4 29.1 39.0 31.7 30.3 34.1 31.8 3 TIME VEH. AVG. 02:45 03:00 03:15 03:30 03:45 04:00 04:15 04:30 04:45 05:00 05:15 05:30 05 101000014103 28.0 0.0 26.0 0.0 0.0 0.0 0.0 16.0 20.2 20.0 0.0 27.7 1 TIME VEH. AVG. 08:00 08:15 08:30 08:45 09:00 09:15 09:30 09:45 10:00 10:15 81 88 97 95 128 119 62 83 64 57 36.4 36.9 33.8 35.8 38.0 35.8 36.3 36.8 36.9 34.3 TOTAL VEHICLES = 4308 MINIMUM SPEED =15 MAXIMUT4 SPEED =61 AVERAGE SPEED = 34.56^ 50th PERCENTILE = 35 85th PERCENTILE = 41 TEN MILE PACE = 31 to 40 lEND OF REPORTO o o \ ..V >« November 3, 1998 COUNCIL f/i£TiK3 |slOV 9 CITY of ORONO Municipal OfTices r.nr.^' 3 Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 Dear Orono Orchards Sewer Project Area Residents: A public hearing was held for this project on September 28th, and the City Council ordered the preparation of plans and specifications for this project. The proposed schedule is to bid the project this winter. After the bid opening the assessment hearing will be held. Pending a successful assessment hearing a construction contract will be awarded with construction planned for ne.xt summer. The estimated per unit assessment presented at the public hearing was S23,690 per unit. Installation of sanitary' sewer in Orono is e.xpensive because of the relatively low density resulting in less houses per feet of sewer pipe installed. The City policy for the last thirty years, has been to assess 100% of the sewer costs to the benefiting property owners. This process has resulted in assessment appeals because of the high costs for installation of sewer. Assessment appeals can result in substantial legal and administrative costs. In order to reduce the potential for assessment appeals, several years ago the City's assessment policy was changed for "mandated" sewer projects. This is a mandated project because of the number of non-compliant and failing septic systems and the smaller lot sizes without adequate septic sites available. The City makes a distinction between "mandated" and "voluntary" sewer projects. According to State Statues Chapter 429, assessments for public improvement projects can not exceed the benefit provided by the project. The current City assessment policy for mandated sewer projects is to base project assessments on the benefit received from installation of sanitary sewer. For voluntary sewer projects the property owners must agree to assessment of 100% of the project costs. The City has determined that the assessment for the Orono Orchards Sanitary Sewer project will be S16,000 per residential unit. This assessment is based on the following determination of benefits provided by installation of sanitary sewer. Benefit from not having to install a new mound system. Benefit of having the lot area that would be used for a septic system available for other uses such as swimming pools, house additions, garages etc. A new mound system requires both Telephone (612) 473-7357 • FAX 473-0510 r Orono Orchard Sewer Project Novembers, 1998 Page 2 an initial and replacement area each approximately 50' by 100' size. Installation of septic systems also often results in tree removal, which can be very detrimental to the value of the property. Benefit of sewer providing a permanent solution. Septic systems have a limited life and there is the possibility that future regulation changes may render a septic system non- conforming. Also, many lots only have room for one septic site with no alternate site available in case of system failure. Thank you for your assistance in this matter please contact us should you have any questions. Director of Public Services cc: Mayor Jabbour and City Council Ron Moorse, City Administration N0'.'-0'?-1953 12^34 'iinaonk. CITi’ OF HltUlETOrrH bll 33 =• !;I44 P.03 03 ITT??/' Received By: Referred To: Status:____ Date: Date Ref: Reinspect: Complainant: Address;___ Compiainant Must Bt Notified of Actions Taken. Date Notified: Ph. #: (d). Ph. #; (e)_ INFORMATION ABOUT PERSON COMPLAINING CANNOT BE RELEASED BY LAW 1 Location:_______ Owner of Property: Owner Address:_ Tenant Name:___ Complaint: Complaint Information PID# Owner Phone: Tenant Phone: • • Dates Findings And Actions Taken Initials (Ccntmuvd cn Back of Paj«) total f.o: Prcm Mlch§!!a To- Ron Morsi Daro 11/7/9S Tima 4 14 16 PiV Pa*a 2 0^3 MINNSHAHA CREEK WATERSHED DISTRICT VOLUME 3. '-JO. 3 NOVEMBER I 998 Community Involvomont Grows Suyinu in touch ha-) iihvay!> been a prioril>. We ^^anl to know the concem'> anJ Uo evcryihinu in our powe* to answe qucitions that miuhl relate to DiNirict water mana«emcni. Recently, we’ve fonnalized our communications with cities to include a system of liaisons. Each manager has assumed responsibility for providing periodic, face-to-face communications for a number of cities. Liaisons were al c-tablished with the county contmissioners in both Hennepin and CaiAer counties. (More iitformation is on page two.) The District has also revitalized its Citizen .Advisory Conunillee. .Adveilisettieiits were placed in local papers seekrtig volunleeis for the advisory body and l\\cnly-si.\ people responded. They reside tit cottununtlres across the District and their backgrounds range from intereslcil citizerr to several v\ith teclrnical b.ickgtounds lel.ited to hvdrolocv and the errviromrrcm. (More iitfiMination is below. ) Our nvw administrator is being hired with conununiiy involvement as well, bifonn^'ion was sought from our stakeholders before creating the position profile and interested parties have been invited to meet the final candidates. The Board belie\ es it is vital that any new administrator be someone who can work eflectis ely with member cities’ staff and elected officials as well as agencies and citizen groups. Wc invite your conuncius and questions. Please call us at 471-0590. Pamel.i G. Blixt. President MCWD Board of Managers Administrator Soanh Noarly Comploto The District is near the end of its se.irch for an /Vdmtntstralor. .An announcenrent is e.xpected in a wet.i\. .At the begimring of the search. Brimeyer Group of Hopkins created a Position Profile. This was done by incoiporating ide. s gathered from MCWD staff. Mayors or City Managers of member cities. County Board. County staflf. the Department of Natural Rcvources. the Lake Minnetonka Conserv ation District, the Board of Water and Soil Resources, and the Minneapolis Park and Recreation Board. The opening wa-, announced in go\ emmeni and regional magazines, newsletters and newspapers. It generated 180 inquiries and 54 applications. Onf)ctober 7. 1998. Brimeyer Group presented eight candidate applications for the MCWD Board of Managers to rev iew. Managers selected five candi.I.sfes to inteiview in person CItIxons Adviso MCWD NLii*\ Je*in Poit \\*is elected Chair of the NICWT) Citizens .Advisory Committee in October. Potl. .i Cniversity of Minnesota piofessoi. said she is pleased with the rich diversity ot the 15-member panel. C.AC members reside both up and downstream in tire wateished and iuve backgrounds ranging from community activist to scientist ••.Many arc .just interested in the creek because they liv e by it." said Port. She secs the group bringing a lot of energy to their role ••!! has taken people by surprivc." said Port, ••that there is this lev el of interest." The group provided comments on propovcd Rule ••B" revivions and is currently e.vploring how best to contribute to the watershed. .According to Port, they intend to be V igilani but to work with the board Meetings are on the first Tuesday of each month. 7 to 9 PM. at Minnetonka ritv Hall. New members are welcome. Mtmmehaka Creek WaterskeJ D9sfrt€f7 Improwimg OwGtltff ef Wafer, Omahff ot life Michftttft To R^n Morsa Data 11C/9S Tir« 4 14-10 PM Pa;a 3 c^3 MINNEHAHA CREEK WATERSHED DISTRICT Managers Moot With Citios MCWT) Mcuui^ci:^ liavc been wities ami euunlieb since ihe liaison piogiarn was established in March. Eawli visit is an oppoilunil\ to share cununun concerns accoiding to Malcolm Reid. \'ice Piesidenl. MCWT). Reid has visited fi\ e cities and found the e.xpeiience enlitihieninc. •ITn leamini: as much as ITn presentinir/* said Reid. ”Ii‘s great to hear what’s on the minds of our member cities," he said. That way, according to Reid action can be taken where problems exist. "There’s nothinc worse than hearinc rumors of dissatisfaction." said Reid, "when a dialogue can actually resoh e things." Reid has s isited Deephas en, Tonka Bay. W’oodland. Long Lake and Greenwood. His \ isiis lo date has c begun with a brief presentation of current issues Reid has used the opportunity to discuss erosion rules, surface water planning and projects that are undem.iy. Recently, the League of Women \'oters im ited the District to proside an update on District acti\ ities. Pamela Blixt. President and Jim Calkins. Manager made the presentation, ijioups can schedule a presentation on the District, its histoiy. responsibilities or projects by calling the office at 471-0590. 1999 Budgot Approvod The District adopted its 1999 budget and le\->‘ on September 24. 1998. E.xpected ret enues of $2.7 million are about the same as 1998 let els. The lety remains stable, amount to about S8 aiuuialh on a SI00.000 home. The budget covers ongoing effcits such ns wnter qunlity monitoring, pennitting. enforcement, wetlnnd lestoution mitigntion and staffing. Capital improvements covered in the budget include projects to investigate and improve District waters in both the upper and lower watershed: Lakes Xokomis and Hiawatha. Paintei Creek. .Viboretum. Chain of Lakes Phase II. Halsteds Bay 6-.Mile Creek. 60th 1st. problem lake investigation, and the Minnehaha Creek hydrological mode!. PAGE 2 Now Stormwator Rulos To Bo Adoptod On October 22. 1998. the Board of Managers voted to offei a new sloimv\ater management rule. Rule •‘N.** fui public conuneiil. Rule “N'" vNoukl implement most ol the leconuneiulatioud made bv the StonnvXiitei Task Foiwe in M.i> 1998. (Rule "B" vxill iiddrcsi unl> ciosioii wotiliul./ (?hanges proposed by ihe .Stormwater Task Force would relax the situations requiring stormwater ponding. They recommended usint: less strineeni and less costly techniques in''tcad. The new Rule ”N" takes into account concerns gathered from public comment and is a modified \ ersion of that succested bv the Ta^k Force. ( Task Force members included stafi' and elected ofllcials from cities within the watershed as well as MCWD managers, staff and staff consultants. .\lso participating were des elopers. state afiencies. enaineerinc firms, em ironinenial organizations and metropolitan agencies.) public he.uing on the res i$ed Rule "B" .ind new Rule _ N" will be Tuesd.n. N'osembei 24. 1998 .it 6:30 P.\I in ■tlTSWlinnetonk.1 City Council Clumbers. For copies of the tides, c.ill the District .it 471-0590. Extolsior Ponds Rotoivo Alum Troatmont .\luminum sulfate (alumi was applied to Excelsior ponds located on Highway 19 adjacent to Excelsior Park on October 24th and 25th. The alum application was pan of the effort to improi e water quality downstream in Gideon Bav of Lake Miiutetonka. .Alum will reduce phosphoius. ^ significant water quality problem, in both the ponds and Lake .Minnetonka, MC\\'D .inticip.ites removing least 60 pounds of phosphorus from the ponds and between 18 to 32 pounds from Lake Minnetonka. .Alum canies suspended phosphoius with it as it gr.idu.illy sinks from the lake’s surface to the bottom where it forms a blanket or Hoc. The floe holds phosphorus in place making it unai ailable as a nutrient. MioDehaha Creek Watershed District 3” Oiii; F;c'hvviitci Cca'ci. 2^“^^ Sh«J;wovHl Rod».l. E.\vc1>ivm. Nlmao ’ta Ph»2ne* Fiv 6: .-4“ Fnrail aijv.ui ^minrrehi}!Acreek V»>b Site wu-wnur4neKo}’.A.:rcfck Monwa Oro'*. IrcA^urcr B l Ai’J c f A'.AJiA^er> riTTieU G BI lvi . Fresislcn: .Mtilsiolni ReiJ. Vue PreaiJfiu LrVivc 5c;rc»nr; Jamc' Calkin’ Thomas w l73<^\\nty Iho.T.a' .v.'.iplc, J: Miamehaha Creak WaterskeJ Distrhh laa/trowSmg Qmalitf ef Water, Qmaliif of life