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HomeMy WebLinkAbout04-09-2007 Council Minuteso is MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,'�April 9, 2007 • 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above - mentioned date with the following members present: Mayor James White, Council Members Lili McMillan, Jim Murphy, Cynthia Bremer, and David Rahn. Representing Staff were City Administrator Ron 1, oorse, Planning Director Mike Gaffron, City Attorney Soren Mattick, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 8, 17 through 25 were added to the Consent Agenda. Murphy moved, Bremer seconded, to approve{t he Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING O MARCH 26, 2007 • Murphy moved, Bremer seconded, to approve1he minutes of the March 26, 2007 City Council meeting as submitted. VOTE: Ayes 5, Nays 0� itRECOGNITION 3. TONY ROE — FOR HIS CONTRIBUTIONS TO THE SUCCESS OF THE NAVARRE FIRE STATION — RESOLUTION NO. 5597 lI This item follows Item No. 5. PLANNING COMMISSION COMMENTS — (MICHELLE WINER, REPRESENTATIVE �I Winer stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 4. VACATION OF EASEMENTS HEARING — RESOLUTION NO. 5598 Mayor White opened the public hearing at 7:04 is Gaffron stated Mn/DOT is requesting existing c railroad right -of -way as part of the Highway 12 utility purposes no longer exist because the app BNSF RAILWAY CORRIDOR — PUBLIC ,e and utility easements be vacated within the new ition project. In all cases, the public drainage and topographic changes within the railroad corridor PAGE 1 of 22 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 • 7:00 o'clock p.m. (4. VACATION OF EASEMENTS ALONG BNSF RAILWAY CORRIDOR, Continued) have resulted in the obliteration, removal, or relocation of all pre- existing drainageways, wetlands, utility lines, etc., in the area of the easements to be vacated. Gaffron noted the public utilities have been notified by mail but had not yet responded. Mn/DOT has indicated there are no utility lines within these easements and is requesting the easements be vacated. There were no public comments. Mayor White closed the public hearing at 7:07 p.m. . Murphy stated he did receive a call from .a property owner in the Silver Meadow area who questioned whether the City was abandoning some city -owned property by vacating the easements. Murphy stated he informed the property owner that the City was not abandoning land per se but rather vacating easements that are located within the corridor. Gaffron stated the easement portions are located within the highway corridor and are not located within any residential property. Murphy inquired whether the drainage in this area would be affected by the vacation. Gaffron stated the vacation of the easements would not change the drainage. • McMillan inquired whether Mn/DOT should pay the fee. Gaffron indicated Mn/DOT has stated they would require an invoice and an explanation of the City's fee. Gaffron stated the City has the option of requiring payment of the fee or waiving the fee as part of the highway project. Gaffron noted Staff would delay delivering the resolution to Mn/DOT for one week to allow the utility companies that have not commented on the vacation to submit their comments to Staff. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5598, a Resolution Vacating Certain Drainage and Utility Easements within the Plats of Crystal Creek; Meyer Dairy Addition; Spruce Acres; with the fee being waived and delivery of the resolution to Mn/DOT being delayed one week. VOTE: Ayes 5, Nays 0. 5. #06 -3199 MINNETONKA CENTER FOR ARTS, 2240 NORTH SHORE DRIVE — VARIANCE AND CONDITIONAL USE PERMIT — RESOLUTION NO. 5599 White noted this application was heard previously by the City Council but that they were waiting for a report on the emissions generated by the kiln. Lorraine Kaley, 1395 Brown Road South, stated she would like to hear more about the study and the emissions. Kaley noted an afterburner stack is to be installed on the furnace, which is a help. Kaley indicated she had a brief conversation with a representative from the Minnetonka Center for Arts prior • to tonight's meeting. PAGE 2 of 22 . • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,!April 9, 2007 7:00 o clock p.m. (5. #06 -3199 MINNETONKA CENTER White noted they are not adding additional kilns. Kaley stated an additional kiln will be added some White inquired whether an air quality report has t ARTS, 2240 NORTH SHORE DRIVE, Continued) in the future. submitted by the applicant. Curtis stated the applicant did not conduct a formal study due to the costs but that the University of Minnesota has conducted a study on their facility I and a five mile radius, which the applicant is here tonight to discuss. Roxanne Heaton, Executive Director, stated the University of Minnesota recently constructed a new art center in a densely populated area with a hospital located a half mile away and that they had to meet some strict requirements. Heaton stated the study conducted by the University of Minnesota cost $250,000 and took 18 months. Heaton stated the'study focused on the direction of the wind and the topography of the land. Heaton pointed out everything in the study is not transferable to this site since certain aspects are site specific but that they are confident the Minnetonka Center of Arts would be able to comply. Heaton noted the University of Minnesota has 12 kilns and burns 150 to 200 fires a year and that the Minnetonka Center of Arts would only be doing a fraction of that number. a Kaley inquired what the height of the stack was in the report. Heaton stated the stack height is based on the topi graphy and the wind currents. Curtis asked if the chimney would be used in the future and whether the present kiln would be utilizing the chimney. Heaton stated the present kiln would not utilize the chimney, which is being constructed to accommodate the future kiln. Heaton stated the stack could be added to if necessary. 1 Murphy inquired what comes out of the top of the kiln and what is used to fuel the fire. Heaton stated the primary differences between a soda kiln and a stone kiln are the substances that you add. Heaton indicated the kilns use natural gas to fire them and that the wood kiln that is proposed to be added would be gas and wood fired. Heaton stated the soda kiln emissions contain a very small amount of residue from the sodium bicarbonate and whatever the byproducts of the combustion would be. With a wood kiln, there would be a certain amount of wood smoke created but that the afterburner is effective in reducing the amount of smoke that is emitted to something that is the equivalent to a residential fireplace. . !I . Murphy inquired whether the City Council could look at the wood kiln stove at the time it is installed. Murphy stated it is his understanding the City dies not have any regulations in place governing residential wood stoves. . Rahn stated to his understanding this application is strictly for the construction of the shed to enclose the kilns and does not deal with the stove itself. 11 PAGE 3 of 22 �I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 • 7:00 o'clock p.m. (S. #06 -3199 MINNETONKA CENTER FOR ARTS, 2240 NORTH SHORE DRIVE, Continiced) Heaton stated the main reason for constructing the shed is to give the center some options for firing and that they would like to install the new soda kiln in the next six months. Heaton stated the chimney would be added at the same time the structure is constructed for ease of construction rather than try to retrofit the chimney afterwards. Murphy suggested the City restrict firing of the wood kiln until the City has the opportunity to examine the stove. White stated it would be useful to be provided the manufacturer's specifications on the scrubber being installed. Heaton stated the afterburner would not be added until the wood stove is added, which is not expected to be installed for the next couple of years. McMillan inquired how Kaley feels about this application. Kaley indicated she is not concerned about the structure itself but more the emissions and the height of the stack. White stated it is his understanding the stack could be increased or decreased. McMillan stated she would like to see the manufacturer's specifications on the afterburner as well. • e Rahn moved, McMillan seconded, to adopt RESOLUTION NO. 5599, a Resolution granting a variance and conditional use permit for the Minnetonka Center for Arts, 2240 North Shore Drive, subject to the specifications for the afterburner and the scrubber being submitted prior to the installation of the wood stove. Curtis inquired whether the City Council would be requiring a conditional use permit review at the time the wood stove is installed. City Attorney Mattick suggested the City Council require that Staff review the specifications. Rahn suggested that Staff determine whether a permit is required for the kiln based on the review of the specifications. Heaton stated the afterburner being proposed is the same unit that is being used at the University of Minnesota and that the wood stove is also the same size and that they could perhaps obtain the specifications from them. White requested Staff review the specifications and determine whether a permit is required and to share the specifications and results of the review with Ms. Kaley. VOTE: Ayes 5, Nays 0. • PAGE 4 of 22 ORONO CITY Monday,' • 7:00 0 3. TONY ROE — FOR HIS CONTRIB1 FIRE STATION — RESOLUTION NO. 5597 White commended Tony Roe for his outstanding and the Long Lake Fire Station. Long Lake Mayor Randy Gilbert thanked Tony Stations. Murphy commended Tony Roe for his hours of Stations Tony Roe acknowledged the efforts of his fellow and Long Lake Fire Station a success. Murphy moved, Rahn seconded, to adopt Tony Roe for his Outstanding Efforts and Station. VOTE: Ayes 5, Nays 0. ES OF THE OUNCIL MEETING April 9, 2007 clock p.m. TO THE SUCCESS OF THE NAVARRE and dedication at both the Navarre Fire Station. for his service at the Long Lake and Navarre Fire service to the Long Lake and Navarre Fire in making both the Navarre Fire Station l NO. 5597, a Resolution Recognizing to the Success of the Navarre Fire 6. #06 -3211 TED CAPRA, 3534 IVY PLACE — VARIANCE RENEWAL Ted Capra, Applicant, was present. White noted this application is fora variance renewal. Capra stated this application has been ongoing folly approximately three years and that he is very close to finishing his plans. Capra stated they have obtained easements from his neighbors to the north and south to allow them to construct drainage ditcheslto accommodate the runoff. A retaining wall has also been constructed to handle the runoff. Capra stated due to the narrowness of the road, he would like to construct an apron to help him maneuver his boat into the garage and also construct a small walkway from the house into the door to the garage. Capra noted they did reduce the hardcover somewhat by relocating the house, which shortened the driveway. Capra commented the deck may not be lake. ' White stated the road is very narrow and in his the slope of the driveway. White noted city ve driveways in order to turn around due to the ne depending on the impact it has on the view of the >n the applicant should be allowed an apron given are required to back up,into other people's ess of the roadway. Rahn noted the house is maxed out at 15 percent structural coverage and that the applicant could adjust other areas rather than increase the hardcover. Rahn stated in his opinion the applicant has been given a fair amount already with the 30 percent and that it comes down to choices. 0 Capra stated he is asking for less than one percenJt in order to make it more convenient to access the lot and garage. Capra commented this is a hardship lot. PAGE 5 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 7:00 o'clock p.m. • (6. #06 -3211 TED CAPRA, 35341VYPLACE, Continued) Rahn inquired whether there are stairs on the deck. Capra stated there are no stairs. Rahn suggested the applicant look at what hardcover removals could be made. White asked whether the configuration of the driveway could be angled slightly to make it easier to access. Capra stated he has spent thousands of dollars changing his plan in an attempt to comply with the City's requirements. White suggested the configuration of the driveway on both sides be curved. Capra stated he. is willing to change the configuration of the driveway if it would be easier to negotiate. Bremer stated she would be supportive of the 30 percent hardcover. Curtis stated the applicant is currently at 30 percent hardcover. Murphy inquired whether City Engineer Tom Kellogg has reviewed the most recent version of the • survey. Kellogg stated if what is before the City Council tonight is the most recent version, he has reviewed it. Rahn moved, Murphy seconded, to direct Staff to draft an approval resolution granting a hardcover variance for 30 percent hardcover and conditional use permit, subject to compliance with the recommendations of the City Engineer. VOTE: Ayes 5, Nays 0. *7. #06 -3238 VOGUE ICF HOMES ON BEHALF OF WILLIAM AND SUE DUNKLEY, 2709 WALTERS PORT LANE — VARIANCE — REVISED RESOLUTION NO. 5600 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5600, a Resolution Amending Resolution No. 5544, William and Susan Dunkley, 2709 Walters Port Lane. VOTE: Ayes 5, Nays 0. *8. #06 -3246 HIGHMARK BUILDERS ON BEHALF OF THE ESTATE OF MARY JO PETERSON, 4205 NORTH SHORE DRIVE — VARIANCE — RESOLUTION NO. 5601 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5601, a Resolution Granting Variances for the property located at 4205 North Shore Drive. VOTE: Ayes 5, Nays 0. • PAGE 6 of 22 • • MINUTES OF THE ORONO CITY dOUNCIL MEETING Monday April 9, 2007 7:00 o'clock p.m. 9. #06 -3249 CITY OF ORONO, OUTLOT A, STONEBAY, COMPREHENSIVE PLAN AMENDMENT — RESOLUTION NO. 5602 1 Gaffron stated the City of Orono is proposing an Plaii "to "undo" the prior amendment adopted in 2 of retail opportunities within Outlot A, Stonebay. The property is currently zoned RR -1B, Single Fa City has used RR -1B as a "holding zone" until a 1 rezoning approved-in 2004 never became effectiv with his project. Associated with the CMP amenc Single Family Rural Residential, to B -6 PUD Hig included in the legal notices and is not part of the any future PUD approval for the site. Gaffron noted the Planning Commission has application being tabled two times. On March 19`', an application was received from the CMP. The proposed amendment is very spec submitted describe the bank, office and food co -c site plan, the requested amendment is to revise m These three lines are the first three of the seven p adment of the Orono Community Management that under strict conditions allowed an expansion lily Rural Residential, 2 -acre minimum lot size. The 7D development is approved for the site. The because the developer at that time did not proceed nent would be rezoning of the site from RR -1B, way Commercial District. This rezoning was not urrently requested action, but would be an element of this application on three occasions, with the e property owners requesting a formal amendment of c and narrow in scope. While the materials uses that are proposed and also include a conceptual ely three lines within the existing CMP language. ameters established in 2004 for retail use on the site. White stated he would like to see the parameter that any development on this site be oriented to the stormwater pond be included in the new language'I Gaffron stated if it is Council's desire to change the language tonight, he would like Staff to have an opportunity to prepare the appropriate language and then have the Council review it at a future council meeting. Gaffron noted the Planning Commission voted to approve the amendment without any revisions. Murphy stated in his opinion it is better to wipe the slate clean and start over at this site. Murphy expressed concern about attempting to redo portions of the amendment piecemeal rather than starting from square one. McMillan stated the process of looking at a W the issues associated with retail at this site and what would be a good use for this site but that Bremer stated she was not in favor of a Walgreen site would be a good fit given the close proximity her opinion this amendment will help to clean up is the first step in developing this site. Rahn stated he is in agreement with Council possibility for some retail on this site. en's for this site made the Council aware of some of the Council has not determined at this point exactly mercial office space would be one option. on this site but that she does feel some retail on this [the residential units in Stonebay. Bremer stated in e City's Community Management Plan and that this Bremer and that he also feels there is the PAGE 7 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 7:00 o'clock p.m. • (9. #06 -3249 CITY OFORONO, 0UTLOTA, STONEBAY, Continued) Steve Johnston, John Terrance Homes, addressed the City Council regarding this application. Johnston requested the City Council table this application and send it back to the Planning Commission to allow for a review of their application prior to taking action on the amendment. Johnston stated their application should be before the City Council at their May l4`" meeting. Johnston recommended Staff delay forwarding the amendment to the Metropolitan Council until their application has been heard by both the Planning Commission and the City Council. Johnston stated there is not a rush to submit the amendment. Murphy noted this application has been tabled twice and that he is unable to comment on the application that will be heard on the 14'. Murphy stated in his opinion it is best to move forward on the amendment given the, uncertainty of whether a bank would be allowed on this site. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5602, a Resolution Rescinding Amendment #2 of the 2000 -2020 City of Orono Community Management Plan Regarding Stonebay Outlot A. McMillan stated she is looking forward to reviewing the application that has been submitted but that in her opinion it is in the best interests of the City to approve the amendment. VOTE: Ayes 5, Nays 0. • 10. #07 -3250 PHILIP CARLSON, 2060 WAYZATA BOULEVARD WEST — FINAL PLAT /GENERAL DEVELOPMENT PLAN/VACATION Philip and Gina Carlson, Applicants, were present. Gaffron stated at the present time there are approximately six or seven items that remain to be submitted. Gaffron indicated the proposed association covenants, permits received to date, etc., have been included in this packet for council review. Murphy stated it is his understanding this application was on the agenda tonight for the Council to either approve or deny final plat/general development plat. White questioned why this application was on tonight's agenda given the failure of the applicants to submit the required items. Gaffron stated it is his recommendation that this item be tabled. Murphy inquired why this information has not been submitted. Carlson stated they were on vacation the past week and a half over spring break and that they did have good intentions to have everything submitted prior to when they left town. Carlson apologized for the delay and that they do have their financing in place and are working hard to compile the required documentation. Carlson stated they have submitted some more documents today and would be submitting the rest in the near future. McMillan suggested the applicants contact Staff in the future and request their application be tabled if they are not ready to proceed. PAGE 8 of 22 MINUIES OF THE ORONO CITY COUNCIL MEETING Monday l April 9, 2007 • 7:00 o'clock p.m. (10. #07 -3250 PHILIP CARLSON, 2060 W. Gina Carlson stated to her understanding there TA BOULEVARD WEST, Continued) two items that still need to be submitted. McMillan moved, Murphy seconded, to table Application #07 -3250, Philip Carlson of Interspace- West, Inc., Amber Woods Office Center, LLC 1 2060 Wayzata Boulevard West. VOTE: Ayes 5, Nays 0. I 11. #07 -3251 MANDEEP SODHI, 4080 McMillan moved, Bremer seconded, to VOTE: Ayes 5, Nays 0. ROAD — VARIANCE decision to approve Resolution No. 5595. Bremer moved, Murphy seconded, to continue Application #07 -3251, Mandeep Sodhi, 4080 Dahl Road, based upon submittal of the extension. VOTE: Ayes 5, Nays 0. 12. #07 -3255 CATHERINE SWEET, 3405 CRYSTAL BAY-ROAD — VARIANCE Mike Doyle, CHS Construction, appeared on behalf of the Applicant. Turner stated the applicant is requesting a setback variance to construct a replacement garage with a two -foot setback from the westerly side propertyline when a 15 -foot setback is re(fuired. A hardcover • variance is also requested. An encroachment permit is also required for a portion of the driveway that is within an unimproved street right -of -way. j Turner stated the applicant's property is adjacent to a 20 -foot wide unimproved street right -of -way. The right -of -way extends from the Hennepin County Rail Authority right -of -way to the lake. It seems to have been intended to provide lake access for the lots on Bayview Place to the south. This street right - of -way has been identified as a possible locationlfor a trail linking the Dakota Trail and the city property along the lakeshore. The trail would be eight feet wide. The City Attorney has advised that the trail be separate from the driveway for liability reasons.' Placing the trail and the driveway within the right -of- way would require removal of a large blue spruce, a large pine tree, and a large shrub that appear to belong to the property on the other side of the right -of -way. The property has a single -stall garage under the front porch that is entered from the side. Until recently it also had a small single -stall detached garage located to the rear of the house, Turner stated the applicant had provided a revised site plan but the' driveway would probably need to be straightened out to allow for easier access. Doyle stated if the garage were relocated closer fo the easement, it would be easier to locate the driveway. Doyle stated currently the existing garage is located right along the property line. Rahn stated he is unclear why the garage should, Doyle stated, one, there is a little bit of an • gets closer to the house; and two, if the dr. for a straighter driveway. moved closer to the easement. )n which becomes more of an issue as the driveway and garage were closer to the easement, it would allow PAGE 9 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 • 7:00 o'clock p.m. (12. #07 -3255 CATHERINE SWEET, 3405 CRYSTAL BAYROAD, Continued) Turner stated there is an issue with the building code if the garage is located less than three feet from the property line. McMillan suggested the back corner (as well as the front corner) be located five feet from the property line. McMillan moved, White seconded, to direct Staff to draft a resolution in accordance with the recommendations of the Planning Commission. VOTE: Ayes 5, Nays 0. 13. #07 -3270 MILO H. THOMPSON, 3135 CASCO CIRCLE — VARIANCE AND CONDITIONAL USE PERMIT Jeff Sweitzer, Architect, appeared on behalf of the Applicant. Curtis stated the applicant is proposing to construct major additions to the existing home resulting in a long, narrow home with an attached garage. The garage portion of the home will also serve as a studio /workshop and contain a guest apartment. The sleeping quarters of the guest apartment are contained within an observatory or tower which is the only portion of the home within a third level. By strict interpretation of the Code the tower becomes a full story rather than a half story as permitted. The applicant would like consideration as to the interpretation of this Code as well as a lot area and side yard setback variances. • The applicant is requesting the following variances: 1. A lot width variance to allow construction on a lot 60 feet in width where 100 feet is normally required; 2. A side yard setback variance to allow construction within the 10 foot required side setback; 3. A variance to the half -story requirement for a portion of the proposed home where the guest apartment will be located; 4. A variance from the hardcover policy resolution requirement to provide hardcover to any garage door; 5. A conditional use permit to allow a guest apartment. The Planning Commission recommended approval of the application as proposed. Staff recommends approval of the lot width variance; approval of the side setback variance to allow a slightly larger volume encroachment into the side setback for a higher roofline; and a waiver of the policy requiring that all garage doors be provided with a hardcover driveway. The Council should discuss the half story and make a determination as to whether or not a variance is reasonable. In addition, Staff recommends approval of the conditional use permit for the non - rental guest apartment with the.standard covenants. Murphy stated he has reviewed the drawings a number of times. Murphy inquired how this structure fits in with the other homes in the neighborhood. Curtis stated the home to the east is long and wide. White commented that it is difficult to see the other homes from this lot and that this structure does not • seem to stand out. PAGE 10 of 22 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday !April 9, 2007 7:00 o'clock p.m. (13. #07 -3270 MILD H. THOMPSON, 3135 Curtis pointed out that there is a fair amount of ve entrance of the house is visible from the roadway. Sweitzer indicated they are also proposing a fair a� further screen the house. Bremer stated she likes the variation in the roof Curtis noted the house does meet the City's 30 CIRCLE, Continued) on this property and that basically only the t of landscaping along the property lines to help i vation. qt height restriction. McMillan pointed out that technically the whole li of the peak and that the decrease in the height hell Sweitzer stated the property owner has spoken wi not opposed to the project. White stated in his view the tower is reasonable si Rahn moved, McMillan seconded, to direct conditional use permit as outlined in Staff s 3135 Casco Circle. VOTE: Ayes 5, Nays 0. 14. #07 -3271 JUDSON M. DAYTON, 825 PLAN: NEW LOTS Judson Dayton, Applicant; John Winston, Attorn Zislow, Attorney -at -Law appearing on behalf of Gaffron noted this is a sketch plan review and tha existing tax parcels and subdivide the property to' large parcel for the existing residence, caretaker b served by two private driveway outlots over the t; Road. The easterly of the two existing smaller pa parcels contains a variety of small outbuildings of Each of the four lots abuts the lakeshore of Maxv area and 200 feet in width measured at the shorel and 4 have functional lot widths of 170 to 190 fey feet once the 30 -foot side setbacks are accounted Lot 2 abuts a public or private road. Lot 1 is pi Outlot B, a variable -width corridor in which ex are proposed to gain access to Old Crystal Bay exists a second driveway. gth of the house could be constructed as the height to reduce the massing on the lot: the two adjoining property owners and that they are it helps to reduce the massing. to draft a resolution approving the variances and rt dated April 3, 2007, for the property located at CRYSTAL BAY ROAD SOUTH — SKETCH t -Law appearing on behalf of Judson Dayton; Paul Dayton, were present. the applicant is proposing to combine the three reate three new two plus acre building lots and one ruse and horse barn. The four lots are proposed to be o existing driveway accesses onto Old Crystal Bay cels contains a cabin. The westerly of the smaller it the lakeshore. 1 Bay and each exceeds two dry buildable acres in s and at the 75 -foot lakeshore setback line. Lots 1, 3, leaving a potential buildable width of 110 to 130 sed to access Old Crystal Bay Road via proposed a driveway that would also serve Lot 2. Lots 3 and 4 �d via Outlot A, a proposed 30 foot corridor in which Based on the definition of "back lot" and the standards of Section 82 -256, Lots 1, 3, and 4 would be considered as back lots until or unless they abut an acceptable private or public road. The minimum PAGE 11 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 . 7:00 o'clock p.m. (14. #07 -3271 JUDSONM. DAYTON, 825 OLD CRYSTAL BAYROAD SOUTH, Continued) standards for a private road would be a 50 foot minimum outlot corridor and a 24 foot paved width. As proposed Lots 1, 3, and 4 are back lots, and arguably should not be created based on the provisions of Section 82 -256 (c)(1)(b). Additionally, Lots 1, 3 and 4 technically are subject to the back lot dimensional standards for lakeshore lots in the LR -lA District, summarized as follows: a. Lots must be at least 3.0 acres in area. b. Lots must meet a 200 foot lot width standard at the shoreline, at the lakeshore setback line and at the street yard setback line (the street yard`or front yard for any back lot will be a yard starting where the narrow access outlot corridor ends and the lot begins). c. The depth of the required street yard or front yard shall be 75 feet. d. The required side yard and rear yard depths for back lots shall be 45 feet and 75 feet respectively. The required lakeshore yard shall be 75 feet. As proposed, Lots 1, 3 and 4 do not meet these standards. If Outlots A and B were increased to 50 feet minimum width, it might be reasonable to consider that these three lots abut an acceptable private road. It may be worth discussion as to whether merely creating the conforming private road corridor, but not building the road, would be sufficient to eliminate the back lot issue. An area of concern is where Outlot A goes past the horse barn. In 2006, Hennepin County Transportation Department indicated that this property should be limited to • one access onto County Road 84. The fact that this property is being subdivided triggers review by the County, and although two driveways exist, the county may have the right to limit their increased use for additional lots. Orono's Comprehensive Trail System Plan indicates that a trail easement from the Luce Line Trail to Noerenberg Park along Old Crystal Bay Road is planned for the future. Whether this trail will go on the east side or the west side of Old Crystal Bay Road has not been determined. Other than a trail easement, no other park needs are identified in this area, and the property would be subject to the standard park fee for two or three new lots, giving credit for the existing home on proposed Lot 2. Hennepin County has requested an additional 17 feet of right -of -way along Old Crystal Bay Road for, among other uses, trail purposes. The City Council will be asked to consider whether a trail easement and/or expansion of right -of -way along the east boundary of the property are required. The City Engineer has suggested that the standard drainage and utility easements will be required along all lot lines, and the appropriate easements be provided over all wetlands and drainageways. Staff would expect a more thorough drainage review will ultimately be required, and potentially the need for certain stormwater management systems. The property will be subject to the standard storm water and drainage trunk fee. The property is within the MUSA but does not have municipal sewer directly available at this time. A sewer force main serving the adjacent Farview neighborhood is expected to be constructed in 2007 and will be located in the OCB road right -of -way at the east end of the property. It would be the City's preference that these new lots are provided with municipal sewer. There is the potential that the • Metropolitan Council may not look kindly at providing sewer service to low density areas of less than PAGE 12 of 22 MINUTES OF. THE ORONO CITY COUNCIL MEETING Monday,l April 9, 2007 • 7:00 of clock p.m. • (14. #07 -3271 JUDSONM. DAYTON, 825 three units per acre. In the event that the must demonstrate the capability for two 5 Gaffron stated hardcover is not expected to be an approximately 7,500 square feet of hardcover all( coverage limits do not apply, as each lot exceeds Average lakeshore setback has the potential to be on Lot 2 is about 175 feet from the lake. The exi; of Lot 4 is also about 175 feet from the shore. It: 175 feet from the shore. This requirement could 1 which would avoid concerns about floating avera defined by a line between the house on Lot 2 and than 400 feet from the lake. This would place the feet from the shore. CRYSTAL BAYROAD SOUTH, Continued) cannot connect to municipal sewer, each new lot capacity septic systems. e for the proposed lots as each lot is allowed ice in the 75 -250 foot zone. Structural lot acres. ome an issue for Lots 1, 3, and 4. The existing home ing Lakeshore residence in Little Orchard directly east )llows that the homes on Lots 3 and 4 should also be e established as part of the subdivision approvals, e setbacks. The average setback for Lot 1 would be he house at 3051 Farview Lane, which sits back more allowable building site on proposed Lot 1 about 290 The wetlands on the site will be subject to the appropriate buffer requirements and conservation easements. Portions of the site are heavily wooded and portions are quite open. The existing barn and pasture areas visible from Old Crystal Bay Road add to Orono's rural character, as do the wooded backdrops behind them. It would be appropriate that development of this site be subject to the principals of Conservation Design, identifying the important aesthetic and ecological elements of the site and establishing a program for their preservation. Proposed Lot 2 contains a residence, a caretaker apartment. The caretaker house was granted a c in 1986. In 1992, the then 4,432 square foot hor square feet, where the Oversize Accessory Struc foot building. Also in 1992, a conditional use pi caretaker apartment in the barn. Gaffron stated there are a number of issues outl that there are conservation design elements that Conservation Design. Winston stated the lot lines would be rearranged the property would remain two lots with slightly 3. Winston stated there are some accessory stru( significance. Winston stated in his opinion it is not necessary this development given that the property owner Winston stated he did write a letter to Hennepin point concerning the access. Winston stated he County is not troubled by the two existing acces made to the driveway, such as relocating the dri Winston stated the two accesses would allow be P louse, and a large horse barn with a caretaker riditional use permit for guest house use and additions e barn was granted a variance to expand to 5,168 ordinance would have allowed only a 3,000 square mit was granted for renovation and use of the .ed in the report for consideration by the Council and t ould be identified and subject to the principals of that basically the two lots in the southern portion of Brent lot lines and a fourth lot being added near Lot ;s that they would like to retain for historical discuss in great detail all the issues associated with -nds to preserve this area as is for as long as possible. )unty but that he has not heard back from them at this > been informed by Mark Gronberg that Hennepin > but that they would like to see some improvements Nay monuments to provide a better view and safety. r circulation on the site as well as better emergency E 13 of 22 ,I I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 • 7:00, o'clock p.m. (14. #07:3271 JUDSONM. DAYTON, 825 OLD CRYSTAL BAYROAD SOUTH, Continued) vehicle access. Basically the property will remain as is and that one lot would be sold off at some point in the fixture. Winston indicated they are fine with the required setbacks and that the layout of the lots attempt to accommodate the topography and trees as much as possible. Winston stated there may be a setback variance necessary in order to preserve some of the trees'. Murphy inquired why it is necessary to add a fourth lot. Dayton stated he has recently been divorced and that the addition of the fourth lot gives his ex -wife and himself some flexibility and would allow him to stay on the property. Dayton stated it is possible that he would purchase the fourth lot in the future. Murphy inquired whether the applicant would be willing to have the City's conservation consultants look at the property and offer some suggestions. Winston stated they would be willing to allow that. Dayton stated given the input from the Planning Commission and Staff, they were able to work out most of the setback issues. Dayton stated it was suggested at the Planning Commission meeting that a portion of the barn be removed but that they would like to preserve the entire barn given its age and excellent condition. Dayton stated they would also like to retain some of the other accessory structures. White inquired why the lot line could not be moved slightly as it nears the lake on Lots 1 and 2. Dayton pointed out that there is an existing road that once serviced the old cabin and that the location of the lot lines are in the most logical locations given the service road and the topography. Winston stated they are willing to work with Staff on that issue and that the surveyor did attempt to draw the lines to accommodate the trees and other topography. Dayton noted there are also several restrictive covenants on the lots, which restricts them in some respects. McMillan stated in her view the back lot issue does not need to be enforced due to the uniqueness of the site and the fact that the applicant would be preserving the property basically as is for a period of time. Bremer commented the property is very unique and worth preserving and that she is glad the applicant is willing to work with the conservation consultant. Bremer stated she would prefer to see conforming lots and encouraged the applicant to work with Staff. Bremer stated it would help her visualize the lots if the survey outlined the location of the trees and depicted the topography. Bremer stated the City does not need to impose a park dedication fee at this time and that the City can collect those fees at the time the lots are developed. White noted the City would not be constructing a trail on the west side of Old Crystal Bay Road since there is already an existing trail on the east side of the road. PAGE 14 of 22 • is • MINUTES OF THE ORONO CITY dOUNCIL MEETING Monday,lApril 9, 2007 7:00 o'clock p.m. 04. #07 -3271 JUDSONM. DAYTON, 825 Rahn indicated he is in agreement with the The City Council took no formal action on this 15. #07 -3274 BRUCE PADDOCK, 1450 A] SUBDIVISION /VACATION/PRELINIINARY George Stickney, BPS Properties, was present on Gaffron stated the applicants are proposing a mu improving the marketability and/or buildability c Bracketts Point. The application was previously number of policy issues to be addressed by the P The proposal includes: . 1. Vacation of the southerly 580 feet of 2. Replatting of Lots 1 and 3, Block 1,1 a. A new private road outlot sei b. A 2.00 acre lakeshore lot to Y C. A 2.84 acre lakeshore lot to i d. A new tennis court outlot, pc The Planning Commission reviewed the revised meeting, and voted 7 -0 to forward the applicano recommendation but with a number of revisions CRYSTAL BAYROAD SOUTH, Continued) expressed by the Council. M 1500 BRACKETTS POINT ROAD — PLAT of Bruce Paddock. - faceted application with the ultimate goal of the two residential properties at the southern tip of rought forward as a sketch plan, which allowed for a nniniz Commission and Council. cetts Point Road; etts Point, to create: 1450, 1480, and 1500 Bracketts Point Road; e the 2.00 acre nonlakeshore lot at 1450; e the 3.72 acre lakeshore lot at 1500; illy to serve as a neighborhood amenity. )ad layout that was presented at their March 19a' to the Council, generally following Staff's r caveats as outlined in Staff's report. Gaffron stated as it relates to the private road right -of -way width and pavement width, Staff would conclude that a 20 foot road in the 40'/30' corridor as proposed is reasonable as long as a 10 foot clear space for snow storage is maintained either sidepf the paved road. This will require that a five foot drainage and utility easement be created within the Headrick property; the standard ten foot drainage and utility easement be established within Lot l among Outlot B; and a covenant be established allowing no fences within ten feet either side of the pavement, as well as a covenant requiring that the private road be plowed to its paved width and not allowed to be narrowed. Gaffron noted that three of the four utility con the right -of -way to be vacated or within the ei side of that corridor. The utility companies of utilities relocated to under the new road. The applicants have provided a signed agreemen realignment, use of the outlots, and other items;l nies have indicated they have utility lines either within ing drainage and utility easements to be vacated either A to the vacation unless the applicant pays to have all with the Headricks with regards to the road The Council should confirm whether it accepts the concept of granting the necessary setback and hardcover variances to allow the historic Woods cabin on Lot 1 to remain if/when the principal • residence on Lot 1 is removed or replaced. I PAGE 15 of 22 �I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 7:00 o'clock p.m. • (15. #07 -3274 BRUCE PADDOCK, 1450 AND 1500 BRA CKETTS POINT ROAD, Continued) Gaffron noted the Planning Commission recommended denial of a `before the fact' hardcover allotment variance for Lot 2, concluding that such variance should be applied for in due course at the time a real proposal for replacement of the home is presented. The applicant has provided an analysis of the hardcover status of Lot 2, suggesting that a 17,500 square feet allotment would be reasonable rather than the 75 -250 foot zone 25 percent limit of 14,061 square feet. The applicant has indicated that the.shape of the lot as a point with much area being within the 0 -75 foot zone is a hardship, as well as the need to provide for a home commensurate with the surrounding neighborhood. Stickney indicated they have spoken with the fire marshal regarding the width of the right -of -way and that they are willing to construct a 40 -foot roadway for a certain portion of the development and then near the entrance to the Headrick property the road would be reduced to 16 feet and then widened slightly to 20 feet after it reaches the Shaughnessy property. Stickney stated the proposed road is an improvement over what currently exists and provides a better view of the lake. Stickney noted they are also proposing to reduce the overall hardcover on the lots. Murphy stated there are bigger issues that need to be settled than the hardcover issue and that it would be inappropriate for the City Council to be approving hardcover variances without seeing a plan. Murphy commented he would like the City and the property owners to preserve Bracketts Point as much as possible. White stated he is reluctant to reduce the road width from what the fire marshal has recommended. McMillan inquired how much digging and trenching would be required in order to relocate the utilities. Stickney indicated there would be some trenching and power cabling. Stickney noted the narrower roadway would only be serving two private residences and that Mark Gronberg has spoken with the fire marshal and that what they are proposing is acceptable to him. Gaffron indicated he did speak with the fire marshal and showed him the proposed plans. The fire marshal indicated that given the size of the houses, in the event of a fire in this area, it would be likely that multiple fire departments would be called to respond. Staff is not comfortable recommending a road width less than 20 feet. Murphy stated Mr. Stickney makes a good point about the width of the road but that he is unfamiliar with the tree situation in this area. Murphy suggested that the survey delineate the location of the trees and topography in the area. White noted the trees may die due to the utility relocation. City Engineer Kellogg stated the proposed sanitary sewer profile shows that the sewer would be 20 feet deep and that it is unlikely the trees would survive. White recommended the residences also include a fire suppression system of some type. Murphy stated the road width issue needs to be dealt with but that the City has allowed narrower roads than what the fire marshal has recommended provided the property owners are advised of the risks PAGE 16 of 22 ORONO CITY ( Monday • 7:00 c (15. #07 -3274 BRUCE PADDOCK, 1450 Ah associated with the narrow road and the City accepting those risks. McMillan noted this is going to be a brand -new to see the road constructed to 20 feet. Bremer noted the City Engineer is Stickney reiterated he is attempting to save as proposing to do a considerable amount of Ian( Bremer stated she has a question regarding Item compensation for the roadway vacation. Murphy stated since the City would be receiving would be vacated, he would consider that a trade ES OF THE OUNCIL MEETING April 9, 2007 clock p.m. 1500 BRA CEETTS POINT ROAD, Continued) a letter from the affected property owners rather than an existing road and that she would like 24 feet. trees as possible. Stickney stated they are also a in the area. . I 12 and whether the City should receive any infrastructure in this area and the other easement Bremer stated in her view the biggest benefit realized by the City would be the removal of the hardcover in the 0 -75 foot zone. Bremer noted the Planning Commission felt rather strongly that there should be some compensation given to the City and that there were a couple of Council members that had also • expressed that concern. Rahn stated it was the Planning Commission's dsire that the applicant suggest an amount. White commented the City has a responsibility whether to vacate the roadway. Stickney stated the public use has been in exi City since that time. Stickney stated another zone. Kellogg noted that public access was rebuilt in carefully look at this issue prior to a decision on since 1903 but it has not been maintained by the is the removal of the hardcover in the 0 -75 foot at the time the sewer was put in. City Administrator Moorse stated one benefit to the public is that the City does not have to maintain the road any longer. Moorse stated the access would be changed from a public road to a private road and that the City would no longer have to maintain if. Mattick stated when the City vacates a road, the'City does eliminate its obligation to maintain the road as well as eliminate some liability issues. Mattick stated when the City is not utilizing a public access, it sometimes is better to turn it over for private use. White stated he would like it stated very clearly in the minutes what benefits the City is receiving by vacating this public access. Stickney reiterated that the proposed roadway isi an improvement over what currently exists. PAGE 17 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 7:00 o'clock p.m. (15. #07 -3274 BRUCE PADDOCK, 1450 AND 1500 BRA CKETTS POINT ROAD, Continued) McMillan stated this public access does not have as much value as other public accesses since it does not access the lake. Moorse noted this access was given to the City for the purpose of a road, which is no longer needed. Mattick stated the access can only be used for what it was dedicated for but that he does not have the exact language of the land dedication. Murphy stated the City would still be in a position to review what is built on Lot 1 and control what happens along the shoreline. White inquired how the City Council feels about the 20 -foot road width. White stated it is doubtful the trees would survive during the relocation of the utilities. City Engineer Kellogg noted Staff has not received detailed plans regarding storm water treatment ponds or the proposed roadway, but pointed out that a 20 foot roadway and a 30 foot right -of -way would not work without curb and gutter because there would not be enough room to construct a ditch along either side. Stickney inquired how the City Engineer feels about what is being proposed. Kellogg stated the narrower road would not work either and that the water needs to now off the road somewhere. Kellogg stated the applicant would need to submit further information on that aspect before he could make a recommendation on how to handle the runoff. Stickney stated he could look at having easements granted to handle the runoff. Kellogg suggested a caveat be placed on the preliminary plat approval that the City has the right to request additional easements to handle the drainage. Gaffron recommended that the City Council not formally grant preliminary plat approval tonight and to direct Staff to incorporate items 1 through 11 into a resolution, with the language in item 12 being revised to deal with storm water management, which would give the applicant time to address that issue. Stickney stated in his view the easements may address that issue. Kaley inquired what would happen to the cabin. Kaley noted the water would drain to the west side since the east side is the high side. White stated the drainage in that area is an issue and would require further review by the City Engineer. Gaffron stated the cabin is privately owned. White stated the cabin would be allowed to remain. PAGE 18 of 22 is • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 • 7:00 o'clock p.m. .I • • (15. #07 -3274 BRUCE PADDOCK, 1450 Bremer moved, Rahn seconded, to direct Stal #07- 3258,1450 and 1500 Bracketts Point Roa 11, with Item 12 being revised to require that Staff review and approval. McMillan requested photo documentation of the VOTE: Ayes 4, Nays 1, Murphy Opposed. Murphy stated he would like the City to have all 16. #07 -3275 BPS PROPERTIES, 95 LEI LOTS/PRELIMINARY PLAT George Stickney, BPS Properties, was present. Curtis stated this is a preliminary plat applicatioi single family residential lots, a private road, and Outlot B. All of the lots would be served by the from Leaf Street. All lots would be served by pi The Planning Commission generally found the p: 0 to recommend approval of the preliminary plat Planning Staff would ask the City Council to d in the Planning Commission memo. Staff will MCWD has approved of the wetland delineati( Engineer's comments and any conservation de 1500 BRACKETTS POINT ROAD, Continued) o prepare an approval resolution for Application consistent with Staff recommendations 1 through e drainage and grading plans would be subject to wed the narrower roadway. STREET —SUBDIVISION: NEW for a 39 -acre parcel proposed to be divided into 13 � 4.42 total acre outlot' Outlot A, and a 0.07 acre Lew private road with a cul -de -sac extending westerly vate septic systems and wells. - ,osal acceptable at their March meeting and voted 7- proposed by the applicant. °ct the applicant to address the outstanding issues noted oceed to draft a preliminary plat resolution once s, and the applicant has responded to the City gn concerns the Council may have. Stickney stated he has reduced the number of lot approximately $10,000 to $15,000 per lot on lane being planted on the site outside of the landscapi storm water ponds could also be accessed by the there are a number of restrictive covenants that Y, areas. Murphy stated he is glad the number of lots has White commented the proposed development Murphy moved, McMillan seconded, App 95 Leaf Street, to direct Staff to draft an a landscape plan, storm water management from 15 to 13 and is proposing to spend ,caping, with thousands of trees and prairie grasses g on each individual lot. Stickney pointed out the ire department in the event of a fire. Stickney noted )uld be placed on the lots to restrict building in certain reduced by two. what the City would like to see for this area. ' fion #07 -3275, George Stickney of BPS Properties, oval resolution subject to the submittal of the n, and covenant language. VOTE: Ayes 5, Nays 0. PAGE 19 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 7:00 o'clock p.m. • 17. #07 -3276 ROBERT G. LUESSE, 3249 CASCO CIRCLE — VARIANCE — RESOLUTION NO. 5603 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5603, a Resolution granting a variance for the property located at 3249 Casco Circle. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy noted there was a front page article regarding Big Island and the Minnehaha in this week's Pioneer Press. Bremer encouraged the other City Council members to read the article included within the "Communicator," which was submitted by an organization named HIRED. Bremer stated HIRED works with teenagers and other troubled adults. Rahn noted one person on the Board of Review is required to have undergone some specialized training, and inquired whether anyone on the Council has taken that training. White and McMillan indicated they both have attended the training. White recommended that Bremer and Rahn take the training. McMillan stated an insert to the City's newsletter on the organic recycling program is currently at the printers and would be ready for distribution in the near future. McMillan stated Rachel Dodge has also • been working on the organics web page. Murphy inquired about the Dakota Rail Trail being planned by Three River Parks. McMillan stated the two major issues in Minnetonka Beach are the trail being gravel and a width of six feet. McMillan stated it was her impression that the Park Board would follow the construction standards for trails and would not be constructing it at a width of six feet. CITY ENGINEER'S REPORT *18. AWARD OF 2007 SEAL COAT BID Murphy moved, Bremer seconded, to award the 2007 street seal coat bid to Pearson Brothers, Inc., with Alternate No. 1— granite chips, and Alternate No. 4 - $11,525.80 for seal coating the Navarre Municipal Parking Lot, for a total cost of $91,482.80; and to amend the PIR Fund budget to reflect the expenditure. VOTE: Ayes 5, Nays 0. *19. ' UPGRADE AND STANDBY GENERATOR FOR LIFT STATION 26 Murphy moved, Bremer seconded, to accept the quotation in the amount of $19,440.51 from Katolight Corporation Mankato, Minnesota, for Lift Station #26 (1207 Tonkawa Road) emergency generator; to accept the quotation in the amount of $5,650.00 from Electric Resource Contractors, Minneapolis, Minnesota, for completion of the electrical connection work for Lift Station #26 (1207 Tonkawa Road) emergency generator; to accept the quotation in the amount of • $28,978.66 from Quality Flow Systems, New Prague, Minnesota, for a new control panel, 1 -7.5 HP pump, access cover to wet well and Mission Systems direct dial alarm system for Lift Station #26 PAGE 20 of 22 I I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,' April 9, 2007 • 7:00 o'clock p.m. I I • • ( *19. UPGRADE AND STANDBY GENERA (1207 Tonkawa Road); to approve expend extension, survey work, concrete pad, and budget adjustment in the Sewer Fund to r *20. BID AWARD — STREET Murphy moved, Bremer seconded, to award th April 9, 2007 City Engineer's Report. VOTE: CITY ADMINISTRATOR'S REPORT *21. APPOINT PUBLIC WORKS FOR LIFT STATION 26, Continued) not to exceed $10,900.00 for the natural gas line ration, and to approve the appropriate year 2007 this expenditure. VOTE: Ayes 5, Nays 0. MATERIALS BID 2007 2007 materials bids as reflected in the ,yes 5, Nays 0. ANCE EMPLOYEES Murphy moved, Bremer seconded, to appoint Justin Graham and Kevin Olson to the position of Public Works Maintenance Worker, at the Level 6, Step H pay rate of $20.26 per hour, effective April 10, 2007. VOTE: Ayes 5, Nays 0. *22. ACCEPT THE RESIGNATION OF P T -TIME CSO DAVE KLISZCZ Murphy moved, Bremer seconded, to accept the resignation of Dave Kliszcz from the position of part -time community service officer. VOTE: 'Ayes 5, Nays 0. *23. REQUEST TO HIRE FULL -TIME POLICE OFFICER CRAIG BELL Murphy moved, Bremer seconded, to hire Craig Bell as a full-time police officer beginning 04/10/07, at the beginning full -time pay rate of�$21.07. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Mattick had nothing to report. *24. LICENSES LIMITED TRAP USE PERMIT 1. Dale Olsen 4680 Creekwood Trail SPECIAL EVENT 1. Applicant: Event: Location: Date: Time: Gear West/Jan Guenthf Run/Bike/Run Orono School Grounds Sunday, May 20, 2007 7:30 a.m. —11:30 a.m. Murphy moved, Bremer seconded, to Surrounding Area the above licenses. VOTE: Ayes 5, Nays 0. PAGE 21 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 7:00 o'clock p.m. *25. TRANSIENT MERCHANT LICENSE FOR COUNCIL APPROVAL Applicant: Caio Cella/Linder's Greenhouses, Inc. Flower Mart Activity: Temporary Garden Center Location: 3421 Shoreline Drive Date: - April 30 — June 28, 2007 Time: 8:00 a.m. — 8:00 p.m. Murphy moved, Bremer seconded, to approve the transient merchant license for Caio Cello of Linder's Greenhouse for the initial period of ten days and grant an extension for an additional 50 days to operate a temporary flower mart at 3421 Shoreline Drive. VOTE: Ayes 5, Nays 0. *26. . BILLS Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Bremer moved, Rahn seconded, to adjourn the Orono City Council meeting at 10:28 p.m. There being no further business to discuss, the meeting was adjourned at 10:28 p.m. AT EST: Linda S. Vee, City Clerk Ja es M. White, Mayor PAGE 22 of 22 • 1r� u •