HomeMy WebLinkAbout03-09-2010 Council Work Session Packet Council Work Session
Tuesday,March 9, 2010, 6:30 p.m.
Orono City Council Chambers
AGENDA �rl N�t-,
1. Geo-thermal Presentation—Lyle Oman (30 minutes)
2. CommonBond Discussion—Mike Gaffron(20 minutes)
3. Emily Program Follow-up—Melanie Curtis (10 minutes)
4. Zoning Prosecution Services—Ron Olson/Melanie Curtis (10 minutes)
5. Comp Plan Discussion—Mike Gaffron (15 minutes)
6. MCWD Rules Update—Mike Gaffron (5 minutes)
7. Joint Orono/Long Lake Council Meeting—Mil�e Gaffron(5 minutes)
8. Police Matters—Ron Olson(15 minutes)
9. Miscellaneous
o Metro Landscape Restoration and Clean Water Grant—Ron Olson
o Election Assistance for Individuals with Disabilities (EAID) Grant—Lin Vee
o Natural Shore Technologies, Inc. Workshop Proposal—Lin Vee
o MCWD Long Lake Creek Restoration Project—Mike Gaffron
10. Comments Regarding Information Updates—Lin Vee(5 minutes)
Previous Work Session Topics
February 23,2010—Minutes Attached
o Orono Engineering Costs for 2009
o Update on Long Lake Sewer System
o Comp Plan Discussion
o Golf Event 7/5/10
o Police Matters
o Website Update
o Update on MCWD Rulemaking Process
o Comments Regarding Information Updates
o Miscellaneous
Februarv 9, 2010
o Green Development
o Comp Plan Update
o Common Bond Follow-up
o Watershed District Rules D and F
o Big Island Park Rules and Regulations Ordinance
o Police Mediation
o Police Service Contract
o Comments Regarding Information Updates
Between 1880 and 1930 much of the
lakeshore in Orono was subdivided FOR MORE INFORMATION:
into very small lots for cabins and TH I N KI N G O F
summer homes. The minimum lot City of Orono
size is now half an acre or more. As Planning Department
a result many lakeshore houses are 952-249-4620 BUYING A
on non-conforming lots and required planning@ci.orono.mn.us �.,qKESHORE
variances to be built or would Inspection Department
require variances to be replaced with 952-249-4600 PROPERTY IN
a different house.
Office Hours: O RO N O?
KNOW YOUR PROPERTY Labor Day to week prior to Memorial
The City maintains files on each Day - 8:00 to 4:30 M-F
property in the City with information Remainder of year —
regarding building permits and zoning 7:30 to 5:00 M-Th, 7:30 to 11:30 F
approvals. These files are usually �`O�
available for review during office hours y_
and we encourage you to examine them Lake Minnetonka Conservation
before you purchase a property. District (LMCD) O � �
Although no appointment is required, www.lmcd.org � � � �
we suggest you call ahead to ensure the 952-745-0789 '�,� �� titi
file is not in use and that a staff person l .�,G
is available to answer your questions. Minnehaha Creek Watershed District �kE$H°�'
(MCWD)
If you are contemplating enlarging the WWW,minnehahacreek.org
house or building a new house we 952-471-0590
strongly suggest you make an Information for Prospective
appointment with the Planning Residents
Department to review the regulations
impacting the property.
CAN I REBUILD MY HOUSE? City of Orono
Unless your house is located in a This is an informational brochure. It is not the
floodplain, if it is accidently destroyed or actual City code. Every effort has been made to 2750 Kelley Parkway
damaged you may rebuild the same insure the accu�acy ofthe info�mation contained 952-249-4600
herein;howeve�, ifany information is not yyWW,Cl.orono.l'11f1.US
house without complying with current consistent with p�ovisions of the City Code, the
zoning regulations as long as you start Code provisions will prevail.
construction of the replacement house
within six months. March,zolo
BUILDING A NEW HOUSE OR property. They apply when a building is You can find out about allowed levels of
ADDING ON TO YOUR HOUSE expanded upward as well as outward. hardcover on a particular properly by
In addition to setbacks from property There are also setbacks from wetlands reviewing the property files at City
lines the Orono zoning code regulates: and between buildings. offices.
HARDCOVER Any impervious or FLOODPLAIN regulations require that FENCES
partially impervious surface including houses and basements be set high Fences are not allowed in the required
enough to protect against flooding.
weed control fabric, boulders, and They also limit the changes that can be �akeshore setback. The height and
gravel driveways. Hardcover is location of fencing in other locations is
regulated based on the distance from made to existing houses that do not also regulated. Check the regulations
the lake. With few exceptions no comply with these regulations. before you erect a fence.
hardcover is allowed within 75 feet of
the lake. Up to 25% of the portion of PERMITS RIpRqp
the lot between 75 and 250 feet of the In addition to those required by building Installation or maintenance of riprap
lake may be covered with hardcover. code, Orono requires permits for: requires a permit from the Minnehaha
This increases to 30% between 250 and All retaining walls Creek Watershed District (MCWD).
500 feet from the lake and 35% Any amount of grading or earthmoving
between 500 and 1,000 feet from the within 75 feet of a lake DOCKS
lake. Removal of live or dead tree six or On Lake Minnetonka the location and
inches more in diameter within 75 feet size of docks is regulated by the Lake
AVERAGE LAKESHORE SETBACK This is of a lake
Lakeshore ste Minnetonka Conservation District
a line drawn between the points on the ps
adjacent houses closest to the lake. Small sheds and freestanding decks (LMCD).
Buildings, swimming pools and other On other lakes a construction permit is
structures cannot be located lakeward of ILLEGAL HARDCOVER required when a dock is installed at a
this line. Because permits are not required to location where there has not been a
install all types of hardcover it is not dock previously
STRUCTURAL COVERAGE No more than uncommon for properly to have
15 percent of the entire lot may be hardcover in excess of amounts allowed On any lake installation of a permanent
covered with buildings or structures that by code or a variance. For hardcover to dock requires a conditional use permit
are more than six feet high. be considered legal nonconforming and construction permit from the City.
(sometimes called grandfathered) it
BUILDING HEIGHT Houses are limited must have been allowed by the code It is illegal to rent out a boat slip. The
to two and a half stories and 30 feet. when it was constructed. Hardcover registered owner of all boats kept at
There are special ways of ineasuring has been regulated since 1975. Illegal your dock must be a resident of the
height and the number of stories. nonconforming hardcover may have to property.
be removed in conjunction a building
SETBACKS from side and street property project or because of an enforcement
lines depend on the zoning of the action.
. �
MEMORANDUM 3-9-10 Work Session
To: Mayor and City Council
From: Mike Gaffron, Asst. City Administrator
Date: March 8, 2010
Subject: CommonBond Update
Attachments:
A - Letter of Introduction
B - CommonBond Proposed Schedule (no change from prior information)
C - City Letters of Support
D - 3/3/10 Staff Letter re Application Process
E - Draft Purchase Agreement
F - Statute re: Sale of Land (related to Comp Plan)
G - Responses to Ron Miller Questions
Letter of Introduction At my request CommonBond has provided a Letter of Introduction of
their proposed workforce/affordable housing project (Exhibit A). This was requested because
to date, almost all communication regarding this project has been on a relatively informal basis.
This informality stems from the fact that the site is not yet guided in the CMP for the proposed
density and type of housing, although the proposed location is being reguided for multi-family
residential use at up to 15 units per acre. No formal application can be submitted until the CMP
Update is complete and approved.
Schedule To date the City has provided CommonBond with three letters of support in their
quest for housing grants. Copies of those letters are attached. CommonBond's proposed
schedule for moving forward is based on their Minnesota Housing grant application deadline,
June 17. That application requires them to include purchase agreements for the land, as well as
evidence of appropriate zoning. As noted in my letter of March 3 (Exhibit D), formal rezoning
does not normally occur until the final approvals are granted for a development project, which is
not likely to occur until sometime after June 17. Whether preliminary plat and concept plan
approvals can be completed by June 17 is questionable.
City Property An additional element that needs to be resolved with some immediacy is whether
(and if so, how) Council intends to make the City property available to CommonBond.
CommonBond has at my request drafted a Purchase Agreement in order to provide a starting
point for discussion. The selling price has not been entered.
If Council determines that the property should be made available to CommonBond, options for
that may include:
- Direct sale at fair market value (What process do you want to use in establishing a value
or selling price for the property - Appraisal? Contact a realtor?)
- Direct sale at below market value, or provide the land to CommonBond at no cost
(Soren indicates this may be possible only in conjunction with a business subsidy
agreement)
- Long-term lease (similar to the 100-year lease of the Orono Woods Senior housing site)
- Other?
CommonBond
March 8,2010
Page 2
Development Fees For a 42-unit multi-family development as proposed, the Park Dedication
requirement would be 8% of the land, or the equivalent in cash, but no less than $3250/unit and
no more than $5550 per unit. Park Fee could total $136,500-$233,100.
Stormwater & Drainage Trunk Fee would be based on 5.1 gross acres at $7,000 per acre, or
$35,700.
Utility Connection Fees would be due to Long Lake - based on the 2002 Fire Station Site
Agreement, the developer would likely owe Long Lake at least $6,150 per unit for sewer and
water connection charges, or more depending on how Long Lake interprets that Agreement.
Total for 42 units would be at least $258,300.
CommonBond has inkled that they would hope to have the City waive development fees.
Council is asked to provide staff direction regarding the CommonBond proposal.
. �
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Orono City Council
2750 Kelley Park�vay ''�'"'���::'��I `�'
C���stal Bay,1��N 55323 ,;`�,' '."'
February 25,2010
Dear Mayor and Council Members,
CommonBond Communities(CommonBond)has beeu working«�itl� the City of Orono to develop much
needed quality affordable housing for residents of Orono and adjacent municipalities. GommonBond, in
partnership with its service partner-Itrterfaith Ouh•each Community Partners- is proposing the
development of a 42 unit townhome community on the City's W illow Drive parcel.
The development will provide two and three bedroom townhomes for residents earning bet�veen 30% and
60%of the area median income. The proposed housing conununity will suppoirt the area's need for
workforce housing aY�d will pro��ide an oppoi�tunity for families to live in quality affordable housing in tlte
amenity-ricli City of Oi•ono environment.
HISTORY
CommonBond�resented its concept for workforce housina develapn�ent in the City of Orono to the City
Councii on September 29'�', 2009. The Willow Drive site,adjacent to the Fire Statiou, was identified as a
likely development parcel. CommonBond met with City staff to determnle the parameters of the
development and presented its concept to the City Council on January 26'�', 2009. The City Counci( was
then pi-esented with three development concepts and advised CommonBonc]to move forward��vith
planning on the 42 unit townhome/rowhouse concept.
In early Februaiy,2010, CommonBond requested the support of the City Cow�cil for tvvo Counry
financing applications for CDBG and HOME funds. CommonBond would lilce to continue to move the
Willow Drive project toward fruitioil by applyi»g for Low Income Housing Tax Credits(LIHTCs)fi•om
the Minnesota Housing Finance Agency. The application for LIHTCs is due in mid June 2010 and
requires that CommonBond obtain a purchase agreement to evidence site control and have the site
rezoned to allow multifamily development. CommonBond will continue to work with the Council and
City staff to understand and tracl:the City's acquisition and rezoning process.
SECTION 42
The LIHTC Proa-am,which is based on Section 42 of the Internal Revenue Code,was enacted by
Congress in 1986 to provide the private market with an incentive to invest in affordable rental housin�.
Federal housing ta�credits are awarded to developers of c�ualified projects. Developers then sell these
credits to investors to raise capital (or equity) for their projects, wliich reduces the debt that the developer
would otherwise have to borrow. Because d1e debt is lower,a tax credit property ca�l in turn offer lower,
more affor•dable rents.
Provided the property maintains compliance with the program requirements, investors receive a dollar-
for-dollar credit against their Federal tax liability each year over a period of 10 years. The amount of the
annual credit is based on the amount ir�vested in the affordable housin�.
City staff identified certain non-buildabte easements on the City's parcei that directed CommonBond to
assemble an additional adjacent buildable parcel to accommodate a feasible housing developrnent.
CommonBond identified the adjacent parcel, owned by the Miller Family Trust,
ConunonBond has been involved in the low-income housing tax credit pro��am since its inception in
1986. CommonBond was one of the first applicants 1=or tax credits in Minnesota and,as evidenced by its
49 successfu(t�credit housing communities located throughoui the metro area, Coinmon$ond has
significant experience with this program.
CommonBond respectfully sub�nits that there will be numerous benefits accruing to the City of Orono
from this development, including:
l. This development will provide ai�excellent quality housing choice for people employed in a��d
near the City of Orono.
2. The site is cun•ently vacant, generating no tax revenue. This proposed project will generatie an
estimated $40,000 of annual tax revenue.
3. The proposed $9,500,000 development will generate both cu►�•ent construction and long-term
employment oppoctunities.
4. Residents will Ue spending money at local Orono busuiesses and contributing to economic �ro��vth
in the community.
5. This community will assist the City in meeting the Met Council's affoi•dability goals.
We believe the proposed townhome development will be a high quality housing option within the City of
Orono. The housing community will be an asset to the community and a benefit ta the City and its local
businesses. CammonBond is respectfully requesting that the Ciry Council approve a purchase agreement
for the Willow Drive parcel, as well as a rezoning of the site to RPUD.
Thank you for the thoughtful consideration you have provided to CommonBond's proposal to date. We
loolc for�vard to continuing to worh«�ith you as we move fot�vard.
1
Sincerely,
Ellen Higgins
Vice President
�
. �
Our timeline is derived from the Minnesota Housing and Hennepin County funding cycles that
occur once a year. CommonBond is very willing to work with City Council and staff to ensure
that you feel comfortable with the pending approvals and timeline.
�meline for CommonBond Applications
Obtain Concept Approval from t1�e Cify Council February g�
City Review of Application Letters(Letter of Intent/Zoning Letter) February 9�
City Approval of Application Letters February 2gra
City Approval of CDBG Application(the City acts as applicant) February 2gTa
Application to Hennepin County for HOME�znds Febrnary 25th
Application to Hennepin County for CDBG Funds February 2,�
Review of Purchase Agreement with City Cauncil March qth
Approval of Purchase Agreement with City Council April i3�
Discussion of non-financial help from the City April-May
{fast track zoning approvals,waiving of park dedication fees,etc)
Begin Rezoning process with Planning Commission April-May
Rezoning to City Council for Approval(Qptional) June 15'n
Minnesota Housing Super RFP application due June i�'
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�CEggO 2750 Kelley Parkway P.O. Box 66
Orona, MN 55356 Crystal Bay, MN 55323•0066
February 22, 2010
Hennepin County
Housing, Community Works and Transit
417 N Sth St., Suite 320
Minneapolis, MN 55401-3208
RE: CommonBond Proposed Workforce Housing Site- Zoning and Utilities
To Whom It May Concern,
The Willow Drive parcel identified by the City for workforce housing development, is currently
zoned RR1-B Single Family Rura1 Residential and guided far future development at a density of
2�3 units per acre. The City is currently in the process of updating its Comprehensive Plan. This
property is being considered for re-guiding to allow multi-family residential use at a density of
10-15 units per acre. Such re-guiding would a11qw for a rezoning to RPUD Residential Planned
Unit Development which would accornmodate this density. CommonBond's proposed
development would meet the density requirements associated with this rezoning. The
Comprehensive Plan update is an�icipated to be completed within the next 60-90 days.
The site currently has access to a1I utilities. The sewer and water utility will be provided by the
City of Long Lake per the Agreement between Orono and Long Lake approved by the Orono
City Council on September 9,2002, Gas and energy wi11 be provided by Excel Energy. There
are no pending utility availability issues.
Sincerely,
Michael P. Gaffron
Asst. City Administrator
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.as
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�C'EggO 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
February 22,2010
To Whorn It May Concern:
This is a letter of support for the CDBG Consolidated Pool funding application of CommonBond
Communities and Interfaith Outreach &Community Partners(IOCP) in their joint mission to
provide affordable housing in the suburbs of western Hennepin County.
Common Bond's proposed plans for an affordable/warkforce housing project located behind the
fire station on Willow Drive has been reviewed by the City Council of Orano at two work
sessions. The Council is encouraging CommonBond to move ahead with theu plans for the
housing project. However, CommonBond has not yet gone through the formal application and
public hearing process before the Planning Coznmission and Cify Cauncil,which will be required
prior to any approval.
The concepts reviewed to date have provided for 42 units, but the eaact configuration and
number ofunits could change as the project is finalized. The City Council has informally
expressed a preference for a row-townhome conceptual design. The units in the project are
targeted to be affordable to those at or below 60% of the area median income,thereby meeting
CDBG criteria. The use would help address Orono's affordable housing goals.
The City is currently in the process of updating its Comprehensive Plan. This properiy is
currently guided for single-family residential use but is being considered for re-guiding to allow
multi-family residential use at a density of 10-15 units per acre. Such re-guiding would allow for
a rezoning to RPUD Residential Planned iJnit Development which would accommodate this
density. CommonBond's proposed development would meet the density requirements associated
with this rezoning. The Comprehensive PIan update is a.nticipated to be completed within the
next 60-90 days.
We understand that the City Council will have to pass a formal resolution accepting the CDBG
funds, should they be awarded. Feel free to contact me at 952-249-4622 should you desire
further infoYrnation about the details of the City's process.
Sincerely,
Michael P, Gaffron
Assistant City Administrator
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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$�gKO 2750 Kelley Parkway P.O. Box 66
Orano, MN 5535fi Crystal Bay, MN 55323�0066
February 22, 2010
Hennepin County
Housing, Community Works and Transit
417 N Sth St., Ste 320
Minneapolis, MN 55401-3208
RE: CommonBond Proposed Workforce Housing- Site Acquisition
To Whom It May Concern:
The Orono City Council and staff have reviewed CommonBond's concept plan far workforce
housing on the Willow Drive parcel. The Council has expressed informal approval of the row-
townhome conceptual design. However, CommonBond has not yet gone through the formal
application and public hearing process before the Planning Commission and City Council, which
will be required prior to aziy approval.
City Couneii and staff are working in earnest to determine a land transfer mechanism (purchase
agreement or long terrn lease)to canvey the land parcel to CommonBond. The City supports
CommonBond's efforts to provide affordable/workforce housing for Orono residents.
Sincerely,
Mayor James M. White
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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�,� ��'�;� ,��' Street Address; Mailing Address:
`4�C�ggO�' 2750 Kelley Parkway P.O. Box 66
Orono, MN 5535fi Crystal Bay, MN 55323-0066
March 3, 2010
Amanda Novak
Senior Project Manager
CommonBond Communities
328 Kellogg Boi.�levard West
St. Paul, MN 55102
Re: Applicatian Process- Wiilow Drive Housing Project
Dear Ms.Novak:
This letter is intended to sutnmarize the application and review process for CommonBond's
proposed multi-family affordable/workforce residentiai development of the properry on Willow
Drive per our recent discussions.
White it is not necessary for ComrnonBond to own the properties involved at the time the
applications are filed,you will need the signed consent of the property owners in order to proceed
with the applications. In terms of the City property,such consent will be implied by our acceptance
of your application- a signed purchase agreement would not be a prerequisite.
The proposed 42-unit project involves re-guiding of the City property and imtnediately adjacent
property from single-family residential use at a density of 2-3 units per acre, ta multi-family
residential use at a density of approximately 12-13 units per acxe. In order to meet�rono's housing
goals and Metropolitan Council's affordabiliiy and density requirements,as part of Orono's current
Comprehensive Plan Update process the properties in question are included in a group of properties
currently being considered for re-guiding to allow multi-family densities up to 15 units pex acre. Our
expectation is that the Update process will be completed in April.
Once thzs reguiding has been completed and the Comprehensive Plan is approved by the
Metropolitan Council and formally adopted by the City, the approval process will be initiated by
your submittal of the following concurrent applications:
1) Preliminary Plat Application -the platting process is required in order to convert the City
Outlot parcel into a buildable lot status and combine it with the adjacent Miller property.
2) Application for rezoning of the property to Residential Planned Unit Development(RPUD),
and for RPUD Master Development Plan approval.
The property is currently zoned RR-1B Single Family Rural Residential,minimum lot size 2.0 acre.
RPUD zoning provides the flexibility to develop multi-family housing as you have proposed.
Telephone(452)249-4600 • Fax(952)249-461b
www.ci.orono.mn.us
CommonBond
March 3,2010
Page 2
The review process will follow a combination of the PUD and RPUD review processes,as follows:
Step 1. RPUD Concept Plan and Preliminary Plat Approval. The first step is concept
plan and preliminary plat review, in which the applicant provides fairly detailed
preliminary plans and information for review by the staff and consultants. A public
hearing is then held by the Planning Commission,which makes a recommendation to
the Council. Council will then take action to approve the Concept Plan and
Preliminary Plat,which will be documented by resolutions of the City Council.Those
resolutions will document all conditions that must be satisfied in order to obtain
RPUD Master Development Plan approval and Finai Flat approval. Additionally,
these resolutions will commit to rezoning of the properry upon completion of the
noted conditions.
Step 2. RPUD Master Developraent Plan / Final Plat/Rezoning Approval. After the
approvals of Step 1 have been obtained, you would then apply for RPUD
Development Plan, Final Plat and Rezorung approvals. In this step the applicant
provides final development plans and final plat drawings, pays the required
development fees,establishes the required escrows and letters of credit,and executes
the RPUD Development Agreement. The application process does not normally
require an additional review by the Planning Commission unless significant changes
to the plans approved at the Concept Plan stage are proposed. The Council would
take action to adopt formal resolutions granting RPUD Master Development Plan and
Final Plat Approvals, and an ordinance adopting the Rezoning.
The formal rezoning to RPUD takes place only when the Development Agreement is
signed,all fees paid,letters of credit and escrows are in place,etc,;however,Concept
Plan approval is normally written in the context of a commitment by the City that if
all conditions of the Concept Plan & Preliminary Plat approval resolution are
satisfied, the rezflning follows automatically. You should expIore whether the
"appropriate zoning"requirements far your June grant applications would be satisfied
by the Concept Plan approval commitments.It would be unprecedented for the City
to formalize the rezoning prior to execution of the Development Agreement.
Required Submittals for Concept Plan &Preliminary Plat Applications
The following items must be submitted by noon on the monthly application deadline date in order for
review and public hearing at the Planning Commission on tl�e next available agenda (see attached
application packefs for meeting and deadline dates):
1. Compieted `Conditional Use Permit and Other Land Use Application' form, including
signatures of applicant(s) and property owner(s) and Data Privacy Advisory, plus Items 1
thru 9 under"Required Submittals"on page 9 of the application packet. (Packet enclosed}
2. Completed`Subdivision Appiication'form,including signatiu•es of applicant(s)and property
owner{s) and Data Privacy Advisory, plus Items 1 thru 9 under "Prelimuia�y Subdivision
Review"on page 5-6 of the application packet. (Packet Enclosed) Note:Items common to
both submittal Iists do not have to be submitted in duplicate.
3. Information listed in Code Sections 78-627(a)(I-5}and 78-627(b)(1-14) - see attached.
CommonBopd
March 3,2010
Page 3
4. Application fees (per 2010 Fee Schedule):
Subdivision: $850.00 plus $30/Iot
RPUD/Rezoning: $35 per Dwelling Unit
5. Special Irnprovement Fees:
Proposed Sanitary Sewer Main E�.ension: $275.OQ plus $25 per stub
Froposed Water Main Extension: $2�5.00 plus $25 per stub
Proposed Starm Sewer System: $250.00
6. Application Escrow establishment: An escrow will be required to cover the reasonably
anticipated engineering and legal consultant costs incurred by the City in reviewing the
application. The amount of such escrow will be determined at the time of the initial
application based on the City Engineer's estimate of probable review costs. The escrow
amount for a proj ect of the magnitude discussed to date is likely to be within the range of
$20,000-40,000, but will in no case be Iess than $10,000.
Submittals for Step 2 Approvals; Development Fees
The required submittals will be established in the RPUD Master Development Plan and Final Plat
Approval Resolutions. Deveiopment fees associated with your final approvals would normally
include the following:
a) 4rono Park Dedication: 8% of the land or cash contribution equivalent to the fair market
value of 8%of the land(Council discretion),with a minimum fee of
$3,250 per dwelling unit and a ma�cimum of$5,550 per dwelling unit,
(b) Orono Stormwater&Drainage Trunk Fee: $7,000 per gross acre
(c) Long Lake Sewer Connection Fee: $3450/unit- See below*
(d} Long Lake Water Connection Fee: $27001unit- See below*
(e) MCES SAC Charge (currently$2100/dwelling unit)*
*Items(c),(d)and(e)are subject to the Fire Station Site Agreement between Orono and Long Lake
approved by the Orono City Council on September 9,2002 (attached).
You must meet with Planni.ng Staff in a pre-application meeting prior to submitting your initial
applications.Please contact Planning&Zoning Coordinator Melanie Curtis at 952-249-4627 if you
have questians regarding t application process.
Si_ncerely,
J G/c%
�';i���
Michael P. Gaffron
Asst. City Adminzstrator/Long Term Sfrategy
cc: Melanie Curtis,Planning Coordinator
Evelyn Turner, City Planner
Chris Mattson, Planning Assistant
encl.
I�U�ZC�lAS�E��i�E�+MENT date of this Agreement,Seller shall deliver to[3uyer copies of feasibility studies,soil
repor[s, enviroiunental reports, permits, licenses, service contracts, title policies,
surveys,and other appraisa]s,iuspections,tests,reporls,studies or informalion in the
THIS nGRE�MEN'i is made as of Marcli ,2010("Gffective Date"),by and between the possession or reasonable control of Seller with respect to the Property. I3uyer shall
CITY OF ORONO("Seller"),and COMMONBOND ACQUISITION LLC("Buyer"). also have the right to interview employees of Seller who may have knowledge of
such matters. Buyer sl�all have been satisfied widi the results of all tests and
In consideration of this Agreement,Seller and[3uyer agree as Collows: investigatious performed by it on or before the Closing Date.
L Sale of Property. Seller agrees to sell ro [3uyer, and Buycr agrees to buy from Seller,the 4.4. Financin�. Buyer shall have received commitments far financing necessary and
following property legally described on Exhibit A,togetl�er with improvements located on suffcient, in duyers opinion,to implement Buyer's plans for and to complete the
the Seller's laud and all easements and rights bei�efiting or appurtenant to such real property, Purchase of the Property and the development of the Project, including, but uot
including Seller's riglits in any vacated or existing public rights oC way abutting such real limited to,an allocation of low-income ho«sing tax credits from Minnesota Housing
properly(collectively,the"Property"). Finai�ce Agency,to finance in part,the improvements.
2. Purcltase Price and Matmer of Pavment. The total purchase price(the`9'urcliase Price")to 4.5. Closuig o�� Purchase of Miller Propertv. Buyer shall have executed a Puroliase
be paid for the Properry sl�all be ($__). "�he Purohase Price shall Agreement to acquire the Miller Property and closing on the Miller Property shall
be payable as follows: occttr simultaneously with closing on the Property.
���• llollars and no/100 ($ )as earttest money("Earnest 4.6. Material Changes. 'l�here shall have been no material adverse changes in the
Money"), which Eamest Money shall be held by Conunonwealth 1,and "I�ide operation or physical condition of the Property between the date hereof and llie
Insurance Company("Title")in accordance with the Escrow Receipt attached hereto Closing Date.
among Seller,I3uyer and 7'itle.The Earnest Money shall be paid by Buyer within 48
hours atier receiving a fidly executed original of this Purchase Agreement from 4•7• Government Approvals. Fiuyer shall have secured all government approvals as
Seller and shall be credited agai�st the Purchase Price at Closing. Buyer shall deem necessary, m its sole and abso]ute discretion, to permit Buyer's
proposed development, leasing or successful marketing of the Property, including,
2.2. The balaiice of the Purchase Price,plus or tninus prorations and other adjustments without limitation, verification that the Property is zoned as uecessary for Buyer's
set forth in this Agreement,if any,sl�all be paid into the"iitle's escrow account on proposed development of the Property and that no rezoning,special use,variance or
the Closing Date via wire lransfer of immediately available funds. oU�er condition is necessary to perm�t Buyer's proposed development, leasing and
success£ul marketing oC the Property.
3. Intent. The Buyer intends to acquire a contiguous parcel of real property described on
Exhibit A-] hereto(the"Miller Property")from tl�e Miller Trust and to develop the paroels Buyer shall, on or before the Closing Date, do one of the following. (i) notify Seller in
together as one multifa�nily,affordable liousing project(the"Project"). writing that the Conditions Precedent have been salisfied or waived, in [3uyer's sole and
absolute discretion; or (ii)notify Seller in writing that the Conditions Precedent have not
4. Contineencies.The obligations of Buyer under this Agreement are contingent upon each of been satisfied or waived by Buyer, in Buyer's sole and absolute discretion. If Buyer gives
the following(collectively,the"Conditions PrecedenP'): written notice as provided in(i)above or fails to give auy notice on or prior to the Closing
Date, the Closing shall occur on the Closing Date,unless this Agreement is terminated as
4.1. Representations aud Warranties. l he representations 1nd warranties of Seller provided in this ilgreeme��t. ff�3uyer gives written notice as provided in(ii)above,then this
contained in this Agreement must be true now and on the Closing Date as iCmade on Agreement shall terminate,the Earnest Money along with any interest acerued thereon shall
thc Closing Date. forthwitli be relurned to Buyer and neither party shall have any further obligations
hereunder.
4.2. Title. Title shall have been Cound acceptable, or been made acceptable, in
accordance with the requirements and tenns of Section 7 below. 5. Closine. The closing of ihe purchase and sale contemplated by this Agreement (the
"Closing")shall occur�o later than March 30,201 I (the"Closing Date"). Buyer and Seller
4.3. Access and Iuspection. Seller shall have allowed I3uyer, ancl l3uyer's agents, agree to work together to facilitate this closing as soon as possible.The Closing shall take
immediate access to the Properry without charge and at all reasonable tirttes for the place at the office of'fitle in Miimeapolis,Miimesota. Seller agrees to deliver possession oC
purpose of Buyer's investigation and testing the same. Witl�in ten(10)days of lhe the Property to Buyer ou�he Closirig Date.
������
5.1. Sellcr's Closiug Documents. On the Closing Date,Seller shall execute and deliver to 7. Title Examinatiou. Tille examination will be conducted as follows:
Buyer Uie following (collectively, "Seller's Closing Documei�ts"), till in Ibrm and
con[ent reasonably satisfactory to Buyer: 7.1. Seller's Title Evidence. Seller shal(, within twenty(20)days after the date oC this
Agreeme��t, furnish the following (collectively, "Title Evidence") to Auyec (a) a
S.LI. Deed. A Warzanty Deed conveying the Property to 13uyer, free and clear of commitmei�t (""Citle CommitmenY') for an ALTA Form F3 2006 Owner's Policy of
all enewnbrances,except the Permitted Gncumbrances hereafter defined. �Cide Insurance insuring title to the Property, deleting standard exceptions and
including affirmative insurance regarding zoning,contiguity,appurlenant easements
5.1.2. IIRPTA Affidavit. A noi�-foreign aflidavit, properly executed, containiug and such other matters as may be identified by Buyer,in the amount of the Purchase
such information as is required by IRC Section 1445(b)(2) and its Price,issued by'Title;(b)if the Property is abstract property,Seller shall also deliver
regulations. to Title or 13uyer an Abstract of Title to the Property certified to a current date to
include all appropriate judgment and ba�kruptcy searches; and (c) UCC searches
5.1.3. IRS Forms. A Desiguation Agreement designating the"reparting person"for against Seller by name and the Property.
purposes of completing Internal Revem�e Form 1099 and. if applicable,
Intemal Revenue Ponn 8594. 7.2. I3uver's Objections. Within thirty (30) days after receiviug die last of the "I�itla
Evidence, IIuyer will make written objections ("Objections") to the form and/or
5.1.4. Well Certificate. An updated Well Certificate in the form required by Minn. coi�tents of the Title Evidence. Any encumbra��ces shown on the'CiUe Commitment
Stat§ ]03I. to which Buyer has not objected prior to tlle expiration oF such 30-day period shall
be deeu�ed"Permitted Encuinbrances." Seller will l�ave thiity(30)days after receipt
5.1.5. Stora¢e Ta�ilcs. If the Properly contaius or contained a storage tauk, an of the Objections to cure the Objections,but shall be under no obligation to do so,
affidavit with respect thereto,as required by Mimt.StaL§ 1 16.48. during whiclt period the Closing will be postponed, iC necessary. To the extent an
Objection can be satisfied by the payment of money, I�uyer shall have the right to
5.1.6. Other pocuments. All od�er documents reaso�ably detennined by Title to be apply a portion of[he cash payable to Seller at the Closing to satisfaction of such
necessary to transfer the Property to Buyer free aud clear of all encumbrances Objection,if such Objeclion relates to a consensual lien,and the amount so applied
except for I ermitted Eucumbrauces. sliall �educe the amount oC cash payable to Seller at the Closing. If tlie Objections
� 5.2. Buver's Closine Docwneuts. On the Closing Date,Buyer will execute aud deliver to are not cured withu�such thirty(30)day period,Buyer will have the option to do any
Seller the followin collectivel of ihe fo]lowing:
g( y,"Buyer's Closing Documents"):
5.2.I. Purchase Price. Funds representing the balance oP the Purchase Price due 7.2•1• Tenninate tliis Agreement within 10 days of receiving Seller's notice that any
hereunder,by wire transfer aud execution or delivery of any required Seller's or all of the Objections will not be cured and receive a refund of the Garnest
fivancing documents. Money and the mterest accrued and unpaid on the Earnest Money,if aiiy.
7.2.2. Waive the Objection(s)and proceed to Closi�g. Failure to timely deliver the
5.2.2. IRS Fomi. A Desig��ation Agreement designating lhe"reporting person"for notice as described in Section 7.2.1 shall waive Buyer's Objeclions and
purposes of completing Internal Revenue Porm 1099 and, if applicable, obligate the[3uyer lo proceed to Closing.
Intemal Revenue Fonn 8594.
8. Operation Prior to Closing. During the period from the date of Seller's acceptance of this
6. Prorations. Seller and Buyer agree to the following prorations and allocation of costs A reement to lhe Closin Date, Seller shall o erate and maintain the Pro ert in the
regardingthis Agreement ordivary course of business in accordance wiQp prudent, reasonable busine.s�s st ndards,
6.L Title Insurauce and Closing Fee. Seller will pay all costs of the Title Evidence and including t6e maintenauce of adequate liability insurance. Seller shall execute no contracts,
the fees charged by'Citle. Buyer will pay all premiums required for the issuance of leases or otlier agreements regarding the Property during such period that are not terminable
any Tide Policy. Seller and Buyer will each pay one-half of any closing fee or o�� or before tlie Closing Date, without the prior written consent of f3uyer, which consent
charge imposed by Titla. may be withl�eld by Buyer at its sole discretion.
6.2. Attorne 's Fees. liach oC lhe parties will pay its own attomey's fees,except that a 9. Representations and Warranties of Seller. Seller represents a�id warrants to Buyer as
non-prevaiJing party will}�ay the reasonable attartteys'fees and court costs incurred follows:
by the prevailing party to enlorce its rights hereunder.
Authoritv. (i)Seller is a duly qualified to transact business in the State:(ii)Seller has the power to 9.33. As used herein,"Hazardous Substances"means any substance giving rise to
enter into this t�greement aud all the Seller's Closing llocuments signed by it; (iii) such liability under the Resource Conservation and Recovery nct, 42 U.S.C.
documents ltave beeu duly authorized on Ute part of Seller and have been or will be duly Section 6901 et seq•, the Comprehensive Environmental Response,
executed; and (iv) such documents are valid and bindi�g obligations of Seller, and are Compensation and Liability Act,42 U.S.G�Sections 9601 et sea. (including
enforceable in accordance witl� Uieir tenns. No cousents or approvals from any ihird the so-called"Superfund'amendments thereto),or other applicable, federal,
parties are required for Seller to perform its obligations under this Agreement. state or local statute, law, ordinance, rule or regulation goveming or
pertaining to any hazardous substances,hazardous wastes,chemicals or other
9.1. Individual Sewa e "Creat�nent S stems. To the best of Seller's knowledge, the materials, including without limitation asbestos, polychlorinated biphenyls,
Ptroperty does not include an `9ndividual Sewage 1�realment Systems" o�� the radon, petroleum and auy derivative thereof, or any common law theory
described Property within the n�eauiug of Minn.Stat.§ 1 15.55. based on nuisance or strict liability (all of the foregoing statutes, laws,
9.2. Wells. I;xcept as disclosed in a Well Disclosure Certificate delivered at Closing,to ordina��ces, rules, regulations and common law theories being sometimes
the best of Seller's knowledge,there are no wells on the Property. collectively hereinaher referred to as"E�vironmental Laws").
9.h. No Conflict or Lien. Neither the execution or delivery of this Agreement nor the
9.3. Storage Ta�ilcs. To the best of Seller's knowledge,no above ground or underground consummation of the transaction as contemplated herein will con(lict with or result
tauks are located in or about the Property,or have been located under,in or about the in a breacl�of any contract, license or undertaki�g to which Seller is a party or by
Property aiid have subsequently been removed or filled. '1'o die best uf Seller's which any oF its property is bound,or constitute a default thereunder or,except as
knowledge,to the exte��t storage tanks exist on or under the Property, such storage contemplated herein, result in the creation of any lien or encumbrance upon the
tanks have been duly registered with all appropriate regulatory and goverumental Property.
bodics, and od�erwise are in compliance with applicable federal, state and local
statules,regulations,ordinances and other regulatory requireinents. 9.5. No Proceedines. "Co the best of Seller's knowledge, no legal or administrative
Leases/Unrecorded Aereetnent. There are no leases affecting the Property, and, to Seller's proceeding is tl�reateued or pending against Seller whicli would adversely affeet its
right to convey the Property to Duyer as contemplated in this Agreement To the
knowledge, there are ��o um�ecorded agreements, undeitakings or restrictions which affect best of Seller's knowledge, there are no condemnation or emineut domain
the Property. proceedings pending or threatened wiUi respect to the Property and there are no legal
Hazazdous Substances. or administrative proceedings pending or threatened affecting the Property.
93.1. Except as may be disclosed in the environmental repoits delivered to Buper 9.6. UtiLities. Water, gas, telephone, electricity and storni sewer ulilities are currently
within ten(10)days oC the I�fCective Date,the Property(A)is not subject to available o❑ or near the Property and with the capacity to handle the proposed
any private�or governmental lien or judicial or administrative notice,order or
improvement without additional cost to[3uyer.
action relating to[Iazardous Substauces(as herein defined)or eiiviromnental Seller will indemnify Buyer, its successors and assigns, against, �nd will hold Buyer, its
probleuts, en�ironmental impairments or environmental liabilities with successors and assigns, harmfess from, any expenses ar damages, including reasonable
respect to the I roperty and(B)to the hest of Seller's knowledge,the Yroperty attorneys' fees,that Buyer incurs because of the breach of any of the above representations
is not in,or wilh any applicabfe notice and/or lapse of Lime,and/or failure to and warranties for any expenses or dau�ages incurred within one (1) year of Closing.
take certain curative or temedial actions, will not be in violation of any Consummation of this Agreement by Buyer with knowledge of any such breach by Seller
Environmental Laws(as herein defined). constitutes a waiver or release by Buyer of any claims due to such breach.
9.3.2. To the best of Seller's knowledge,no Hazardous Substances are located on or 10. Broker's Commission. Seller and Buyer represent to each other that they have dealt with no
have been stored,generated,used,processcd or disposed of on or released or brokers, finders or the like in connection with this transaction,and agree to indemnify and
discharged from(including ground water contamination)the Property and no hold each other harmless from all claims, damages, costs or expenses of or for any other
above or underground storage tanks exist on,or have been rerooved frotn the sucli fees or commissions resulting from their actions or agreements regarding the execution
Property. Seller shall not allow,prior to Closing,any Hazardous Substances or perfonnance of this Agreement,and will pay all costs of defending any action or lawsuit
to exist or be stored, generated, used, located, discharged, released, brought to recover any such fees or commissions incurred by the other party, including
possessed, managed, processed or otherwise liandled on the Property, and reasonable atrorneys'fees.
Seller shall comply with all Environmental Laws aCfecting the Propeity.
I l. Assi mneuL No party roay assign its rights u��der this Agreement beCore or after the liable for damages or spacific perConnance. IC Seller deFaults under this Agreement, the
Closing withoul tl�e prior written approval of the other and all othcr required approvals; Eaznest Money plus any interest accrued thereon,shall be retumed to f3uyer or Buyer shall
provided,however tl�at Buyer shall be permitted to assign its interest to a limitcd paitnership be entided to seek specific perCormance of Buyer's obligations under this Agreement.
to be fonned wiLhout the consent of Seller.
Develo ment Coo eration. From and a[ter the execution of this Agreement, Seller shall, at the
12. Survival. All of the tenns of this Agreement and warranties aud representations l�erein reyuest oC Buyer and at no cost to Seller, reasonably cooperate with Buyer (including,
contaioed shall survive and be enForceable six(6)months aIler the Closing. without limitation,joinii�g in the execution of tl�e materials described in this Sec(ion 16)in
connection with (i) applications, agreements, amendments, approvals and aunexatiou
13. Nolices. Any notice required oc permitted hereunder shal] be given by personal delivery agreements relating to, among other things, zoning, site plan, planned development,
upon an authorized represe��tative of a party hereto; or iC roai]ed in a sealed wrapper by subdivision, protective cove�auts, utility and other development matlers to permit the
U��ited States registered or certified mail, return receipt requested, postage prepaid; or if development of the Property ii�accordauce with Buyer's proposed developmeut plans,and
transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a (ii)any requirements of local,state or federal governments,or any agency thereof,or any
nationally recognized,reputable overnight courier,properly addressed as follows: public utility, relating to the proposed development of the Property. "Chis provision shall
survive Closing.
If to Buyer: ConunonBond Acquisi[ion,LLC
328 West Kellogg Boulevard IC. Confidentialitv. Unless and until (i) this Agreemeut is terminated by Seller for Buyer's
SL Paul,MN 55102 nonperfonnance,or(ii)the Closing l�as occurred,Seller shall not disclose the terms of this
nttn: Vice President of Business Development Agreement,including,but not limited to,the sale price,to aiiy third party(excluding Seller's
counsel and employees).
If to Seller: City of Orono
2750 Kelley Parkway Further Assurances. The parties each agree to do, execute, acknowledge aud deliver any and a11
Crystal Bay,MN 55323 other documents and instruments aud to take all such further action before or after the
Attn: Closing as shall be necessary or desirable to fully carry out this Agreement and to fully
consummate and effect Ll�e transaction conlemplaled hereby.
Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit,
as aforesaid; provided,however,tliat if notice is given by deposit,the tinie for response to Counteroarts. This Agreement and any document or instrument executed pursuant hereto may be
any notice by the other party shall commence to run one business day ailer any such deposit. executed in any mm�ber of counteiparts,each of which shall be deemed au original,but all
Any party may change its address for tlie service of notice by giving notice of such change of which togetlier s6all constitute one and the same instniment.
ten(10)days prior to the effective date of such change.
14. Miscellaneous. l�he paragraph headings or captions appearing in this Agreement are for
convenience only, are not a parL of this Agreement, aud are not to be considered in /Signa[ure Pnge Fo11oti>>sJ
interpreting this Agreement. This written Agrcement constiWtes the coroplete agreement
between the parties and supersedes any prior oral or written agreements between the parties
regardiug the Property. There are no verbal agreements diat chat�ge this Agreement,aud no
waiver of any of its terms will be effective uniess in writi��g executed by the parties. This �
Agreement binds and benefits the parties and their successors and assigns. Tt�is Agreement
has been made under the laws of tlie State of Miunesota and such laws will eontrol i[s
interpretation.
15. Remedies. IF 13uyer defaulis under this Agreement,Seller shall have the right to termivate
this Agreement by giving written notice to I3uyer. If Buyer fails ro cure such default within
thirty (30) days of tlie date of such notice,this Agreement will terminate, and upou such
termination Seller may retain the Garnest Money plus any iuterest accrued thereon as
liquidated damages. 'Che termination oC this Agreement and retainage of the Earnest Nloney
will be tlie sole remedy available to Seller for such default by Buyer,and Buyer will not be
Seller and Buyer have executed this Agreement as of the date tirst written above. ESCROW RECEII'T
SGLLER: �l'he undersigned, Commonwealdi La�id T'itle ]nsurance Company ("Title"), acknowledges
receipt of Dollars($ )(the"DeposiY')to be held by it pursuant to the Purchase
CII�Y Of�ORONO Agreement to which this Escrow Receipt is attached. Tide agrees to hold the Deposit in
accordance with the terms of the Purchase Agreement and disburse the same strictly in
accordance with such terms. Title shall invest the Deposit in such interest-bearing accounts or
Date of Siguature gy_ instruments as shall be approved by both Buyer azid Seller. Interest shall accrue for the benefit
Its of the party entitled to receive the Garuest Money.
.2010
Seller's Tax I.D.Number Seller and Buyer represent that their respective "I'ax I.D. Numbers are as Collows: Seller,
;I3uyer,37-1506238.
Title shall have no responsibility for any decision concerning performance or effectiveness of the
BUYER: Purchase Agreement or to resolve any disputes co�cerning the Purchase AgreemenL Title sl�all
be responsible only to act in accordance with the joint and mutual direction of both Seller and
COMMONBOND ACQUISI'I�ION LLC Buyer, or in lieu thereof, the direction of a court of competent jurisdiction. Seller aud Buyer
undertake to hold Title harmless from all cfaims lor damages arising out of this Escrow Receipt
llate of Signature gy; and do hereby agree to indemnify 7'itle for an costs a�d expenses in connection with this escrow,
including court costs and attomeys' Cees,except for Title's failure to accoui�t for the funds held
����� Its Vice Preside��t. _ hereunder,or acting in conflict with the terms hereof.
I3uyer's'I'ax I.D.Number 37-1506238 The fees and charges of the'I'itle shall be paid by Buyer.
ESCROW AGL'N'C:
COMMONWF,AL'I'H I,AND T['I'L}:INSURANCG
COMPANY
By:
I�S:
SL'LLtiR:
CITY OP ORONO
13y:
Its:
10
BUYER:
�XHII3IT A
(Legal llescription of Seller Property)
COMMONBOND nCQU1SIT10N LI,C
By:
Its:
EXHIBIT A-1
(Legal Description of Miller Property)
5067902v1
�l
�. -
Mike Gaffron �
From: Soren Mattick [SMattick@ck-law.com]
Sent: Wednesday, March 03, 2010 9:32 AM
To: Mike Gaffron
Subject: RE: Ron Miller's Additional CommonBond Questions...
Mike,
1) The city doesn't need to get an appraisal — although it is common. I am not aware of any authority that allows
a city to simply "give away" land unless it is done under a business subsidy agreement. The City must make a
reasonable effort to get fair market value for the land.
2) I haven't spoken to anyone concerning common bond and am not aware of any time frame.
3) We can talk about 3 and 4 if you have additional questions. Based on the Emily Program experience, if our code
isn't crystal clear regarding the proposed use, I would strongly recommend that we amend the code.
4) Don't forget about Subd. 2. r_ , �-���� ll'nC�'"�
��2 ���L��"�; -
��it����; C� � ��G��tr� � S;�C��
462.356 PROCEDURE TO EFFECT PLAN: GENERALLY. ["��'f���?�
Subdivision 1.Recommendations for plan execution.
Upon the recommendation by the planning agency of the comprehensive municipal plan or sections
thereof, the planning agency shall study and propose to the governing body reasonable and practicable
means for putting the plan or section of the plan into effect. Subject to the limitations of the following
sections, such means include, but are not limited to, zoning regulations, regulations for the subdivision
of land, an official map, a program for coordination of the normal public improvements and services of
the municipality, urban renewal and a capital improvements program.
Subd. 2.Compliance with plan.
After a comprehensive municipal plan or section thereof has been recommended by the planning
agency and a copy filed with the governing body, no publicly owned interest in real property within the
municipality shall be acquired or disposed of, nor shall any capital improvement be authorized by the
municipality or special district or agency thereof or any other political subdivision having jurisdiction
within the municipality until after the planning agency has reviewed the proposed acquisition, disposal,
or capital improvement and reported in writing to the governing body or other special district or agency
or political subdivision concerned, its findings as to compliance of the proposed acquisition, disposal or
improvement with the comprehensive municipal plan. Failure of the planning agency to report on the
proposal within 45 days after such a reference, or such other period as may be designated by the
governing body shall be deemed to have satisfied the requirements of this subdivision. The governing
body may, by resolution adopted by two-thirds vote dispense with the requirements of this subdivision
when in its judgment it finds that the proposed acquisition or disposal of real property or capital
improvement has no relationship to the comprehensive municipal plan.
�•�___-
From: Mike Gaffron [mailto:MGaffron@ci.orono.mn.us]
Sent: Tuesday, March 02, 2010 12:16 PM
1
� To: Soren Mattick
� Subject: Ron Miller's Additional CommonBond Questions...
Soren—here's a synopsis of Miiler's questions:
Additional Questions from Ron Miller Received by Hand Delivery 3-2-10(Paraphrased by MPG)
1. Does Orono have to get an appraisal of the land prior to selling it? Is that a requirement of a sale of City
property acquired by direct purchase? If the City chooses to give the land to CommonBond, is an appraisal
required? Is an appraisal required for the City to lease the land to CommonBond?
2. When will I (we) know the Council's conclusion on how it intends to make the property available to
CommonBond?
3. What is allowed under RPUD zoning-Senior housing? Assisted living? Other non-specified uses? What is the
impact of rezoning to allow 10-15 units per acre as opposed to the 10-12 that CommonBond needs to do its
project?
Partial answer:Our plans to re-guide for MFR at a density of up to 15 units per acre does not automatically
result in a rezoning. We won't re-zone until there is a bona-fide plan approved for a site.
4. What is the time-frame for application process?
Please provide a suggested response to item 1. I will answer 2 thru 4...
Thanks!
Mike
Michael P.Gaffron
Assistant City Administrator/Long Term Strategy
City of Orono
(Street Address)2750 Kelley Parkway
(Mailing Address) P.O. Box 66,Crystal Bay, MN 55323
Phone: (952) 249-4600
Fax: (952)249-4616
2
� �
.,�----...
Mike Gaffron -
From: Mike Gaffron
Sent: Friday, February 26, 2010 12:12 PM
To: 'nanron270@aol.com'
Cc: 'Novak, Amanda'
Subject: RE: Your questions re: the CommonBond Proposal
Ron —
Sorry it's taken me so long to get back to you. Here are our responses to the questions posed in your January
21 email:
1. Orono's overall and financial commitment to the project. The Council and staff are working with
Common8ond to determine what the City's financia!commitment to the CBC project wi/l be. The Council has
provided letters of intent to Common8ond in support of their pending funding grant applications to
Hennepin County. The Council is currently considering the various options for making the City property
available for use by Commoneond.
2. What if anything Orono gains from the project. The Common8ond development will provide Orono with
workforce housing that is affordable to many of the employees that work in and for Orono (such as
teachers, nurses, retail workers, etc). In addition to providing an affordable community, the Common8ond
development will help Orono move toward meeting the Metropolitan Council's density goals.
3. If all of the property, ours included, would be rezoned and to what density. The City is currently in the
process of updating its Comprehensive Plan. The property behind the fire station and your properties to the
north and south of fhat site are being considered for reguiding to allow multi family residential use at a
density of 10-15 units per acre. Such reguiding would allow for a rezoning to RPUD Residential Planned Unit
Development which would accommodate this density. Common8ond's proposed development would meet
the density requirements associated with this rezoning. The Comprehensive Plan update is anticipated to be
completed in the next 60 days.
4. Does Orono intend to get an appraisal on their land? At this point in time the City has not ordered an
appraisal for the land. Depending on the method ultimately chosen to make the site available for multi-
family use, an appraisal may be obtained in the future.
5. We understand that there are some time constraints on the project, what are they? The time constraints
related to the project are associated with the funding applications Commoneond must submit to various
agencies in February and June, which are once-yearly application cycles. The City is not placing any rime
constraints on this process. The City does not anticipate any problem providing the appropriate material
needed for CommonBond's grant applications. It should be noted that an actual formal application for
rezoninq and site plan approval, which would involve a public hearing process and review by the Planning
Commission and City Council, cannot be commenced until the Comprehensive P/an update process is
completed.
Feel free to cal� or email if you have further questions.
Mike
i
� Michael P.Gaffron
Assistant City Administrator/Long Term Strategy
City of Orono
(Street Address)2750 Kelley Parkway
(Mailing Address)P.O. Box 66,Crystal Bay, MN 55323
Phone: (952)249-4600
Fax: (952) 249-4616
From: Mike Gaffron
Sent: Friday, January Z2, 2010 10:44 AM
To: 'nanron270@aol.com'
Subject: RE: From Orono Website:
Ron—
Got your email. I would hope to be able to provide you some answers after the Council discussion on the 26t". If you
don't hear from me by the end of next week, call or email again.
Mike
Michael P.Gaffron
Assistant City Administrator/Long Term Strategy
City of Orono
(Street Address) 2750 Kelley Parkway
(Mailing Address)P.O. Box 66,Crystal Bay, MN 55323
Phone:(952) 249-4600
Fax: (952)249-4616
From: nanronZ70@aol.com [mailto:nanron270@aol.com]
Sent: Thursday, January 21, 2010 4:59 PM
To: Mike Gaffron
Subject: From Orono Website:
Mike, we are going to be out of town on Tues. the 26th. You know where I stand.
If you could e-mail me or call me with any information regarding:
1. Orono's overall and financial commitment to the project.
2.What if anything Orono gains from the project.
3.If all of the property, ours included, would be rezoned and to what density.
4. Does Orono intend to get an appraisal on their land? If so, I would like to be supplied with a copy. This
would be mainly to see if we would get an appraisal to take advantage of the differential between the sale value and the
land value for tax purposes.
5. We understand that there are some time constraints on the project, what are they?
Thanks,
Ron Miller
Phone 952-473-1265
Cell 612-328-0196
e-mail Nanron270Cc�aol.com
2
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� �
MEMORANDUM
TO: MAYOR AND COUNCIL MEMBERS
FROM: RON OLSON, FINANCE DIRECTOR AND MELANIE CURTIS, PLANNING &
ZONING COORDINATOR
SUBJECT: ZONING PROSECUTION SERVICES
DATE: MARCH 8, 2010
Please review the attached information for further discussion at the work session.
,I`'
� �
MEMORANDUM 3-9-1 D Work Session
To: Mayor and City Council
From: Mike Gaffron, Asst. City Administrator
Date: March 8, 2010
Subject: Comprehensive Plan
Steve Grittman has provided updated maps and text for the residential density revisions
to the Comp Plan. I am currently in the process of incorporating the text into the
appropriate sections of the Plan and doing a complete review to ensure that all necessary
sections and references reflect the revisions.
Responses to date for the Public Hearing are as follows:
Mon Mar 29 Tues Mar 30 Wed Mar 31
FW Center OK OK OK
White OK -GOOD- OK
Mu h OK OK OK
Bremer OK OK OK
MacMillan OK OK OK
Franchot OK OK OK
Kan OK OK OK
Schoenzeit
Rice ? ? BEST
Leskinen X X X
Schwin ler OK X X
Feuss OK OK OK
Rahn
Ber OK OK OK
Winer OK X OK
I would prefer the 30th, but we may not have a quorum of the Planning Commission,
which would be awkward since the Planning Commission technically must hold the
hearing. I will attempt to get responses from Loren and Dave before the work session.
Schedule will be 5:30 - 7:00 Open House, 7-7:30 Presentation, 7:30 Public Hearing.
I will be putting new updated info on the website this week, sending notice to the paper,
sending individual notices to those properties undergoing a guide-plan change, and I plan
to do a press release about the Plan.
Ask questions if you have any; we are headed for the end of the tunnel...
♦
Summary of NAC Revisions to Orono Comp Plan:
Table Revisions— In General:
• Original and revised Tables are included in text. Revised tables contain RED text
to differentiate from the original tables.
• Some New Tables have been created (that do not replace original tables) —those
are found in RED
• The new tables have not been numbered.
Text Revisions—In General:
Revisions were done using the Track Changes option in Microsoft Word, so you are able
to see what specific changes were made.
Map Revisions—In General:
The new maps have not been numbered—this is easily done, but we will wait for your
direction as to what the numbers should be.
PART 2 - COMMUNITY MANAGEMENT PLAN FOUNDATION
Revised Tables:
Figure 2-1: revised this graph to include Met Council's system statement numbers.
Table 2-2: revised to include Met Council's system statement numbers and employment.
Table 2-4: revised to reflect Met Council's system statement numbers.
Revised Text:
Pages 8, 12, 13, 14, 15
PART 3(B) - LAND USE PLAN
Revised/New Maps:
Map 3B-� Existing Land Use
Map 3B-6 2030 Land Use Plan
NEW Map 3B-X Planned Development Sites - This map has not been numbered
Map 3B-7 Hwy 12 Areas Proposed for Multi-Family Res Development
Revised/New Tables:
Table 3B-1: revised this table to differentiate between sewered and unsewered
population and household numbers.
Table 3B-2: No changes were made to this, but the text has been highlighted within the
document. We felt that if you would still like to include this table/text, you would be
better-suited to re-write the table and text as you are more aware of the background
on it.
Table 3B-3: simplified this to include only the existing land use acreage (and %'s) in the
city.
+
NEW Table 3B-X: new table added to address the Met Council's requirements. We did
not add a label/number this table.
Tables 3B-4a through 3B-4c: We did not make any changes to these tables; however, we
believe that Table 3B-X should be sufficient to address the Met Council's
requirements.
Table 3B-4d: revised to include sewered and unsewered household numbers.
Table 3B-4e: revised to include sewered and unsewered employment numbers.
NEW Table 3B-XX: new table was added to address the Met Council's requirements for
displaying the future land use.
Table 3B-5: This table was revised to address the updated acreages and net densities.
Revised Text:
Pages: 11, 13, 19, 21, 22, 28, 33, 34, 35, 36, 37, 39, 41
Land use category text (pages 33-51 of the revised text):
• Changed the descriptions slightly and included revised densities;
• Added "High Density Residential" category;
• Added "Mixed Use" category;
• Revised the text describing Parcel Groups 1-5
• Changed the "Rural Residential— 1 dwelling per five acres"to just "Rural";
• NOTE: You may want to revise the land use category text (found on pages 33-51
of revised text) to align with the categories as listed on the updated 2030 Land
Use Plan Map and Table 3B-XX, per the Met Council's recommendation in the
August 12, 2009 letter. The Met Council is requesting that the tables, maps, and
description text all use the same land use categories. The `extra' categories, such
as Navarre Commercial District, Orono/Long Lake Commercial Area,
Minnetonka Center for Arts and Education, may be better suited in a different
area ofthe plan.
PART 3(C) HOUSING PLAN
Revised Tables:
Table 3G1: revised to include sewered and unsewered numbers and Met Council's
system statement numbers
Revised Text:
Pages 2, 3, 8, 9, 10, 1 l, 26, 27
f
. �
MEMORANDUM 3-9-10 Work Session
To: Mayor and City Council
From: Mike Gaffron, Asst. City Administrator
Date: March 8, 2010
Subject: MCWD Rules Update
As noted in your February 25 Friday update, Mayor White and I attended a meeting
February 24 with MCWD representatives to discuss the Watershed District's proposed
Rules D & F regarding wetlands and shoreline protection. The MCWD Board has taken
a hard look at the many comments submitted by the various stakeholder groups and in
response has made a significant number of changes to the proposed rules. The changes
resolve a number of Orono's concerns.
We have yet to see a revised version of the proposed rules. However, two emails from
James Wisker are attached. The second indicates he will be distributing an updated
version on March 16 to the Technical Advisory Committee.
In the meantime, Mound is hosting a"summit" meeting of the Lake area mayors,
councils and invited staff(see attached email) on March 17. We should discuss Orono's
potential involvement or non-involvement...
�.
Mike Gaffron
From: Jame isker[JWisker@minnehahacreek. rg]
Sent: Thur day, February 25, 2010 5:33 PM
To: Jam Wisker
Subject: MCW U date
Attachments: 2-24-10 Rule Presentation.pdf
Dear Administrators,
Last night Minnehaha Creek Watershed District (MCWD) staff attended a meeting organized by and for Lake Minnetonka
Mayors. The purpose of the meeting was to provide clarification on two MCWD rules recently distributed for 45 day
public comment:
• Rule D: Wetland Protection
• Rule F: Shoreline &Streambank Improvements
The meeting included a presentation covering:
• The major elements of the draft rules released for comment
• Misunderstandings about the rule language
• Comments received from cities and other stakeholders
• MCWD Board recommended changes to rule language to address comments
This presentation is attached for your review.
In the coming week, a more detailed letter will be distributed to local communities and advisory committees outlining
the comments received to date, areas in which the rules will be changed and the remaining steps in the public process.
There will continue to be many opportunities for review and comment throughout the remainder of the process.
In the meantime, if you have questions, please do not hesitate to contact me directly.
James Wisker
MCWD Planner
18202 Minnetonka Blvd.
Deephaven, MN, 55391
Phone: 952-471-0590 x 206
Fax: 952-471-0682
www.minnehahacreek.or�
�
,--„�.,
MINNENAHA CREEK
wA7ERSnED �IST�tt�T
1
Mike Gaffron
From: James er[JWisker@minne hacreek.org]
Sent: Mond , March 08, 2010 3:29 PM
To: ("beth. euendorf'@dot.state. ); ("nick.tiedeken"@dot.state.mn.us); AI Lundstrom
� (alundstrom ci.go en-valley.mn.us); Amanda Schwabe (aschwabe@ci.minnetrista.mn.us);
Andrea Moffatt(AMoffatt@wsbeng.com); Becky Balk (Becky.balk@state.mn.us); Beverly
Anderson (banderson@mapleplain.com); Bob Obermeyer (bobermeyer@barr.com); Brad
Nielsen (bnielsen@ci.shorewood.mn.us); Brad Wozney (Brad.Wozney@state.mn.us);
Breanne Rothstein (brothstein@ci.minnetrista.mn.us); Brenda Fisk (stboni@visi.com);
Brent.D.Lindgren@co.hennepin.mn.us; Cara Geheren (cara.geheren@tkda.com); Carlton
Moore (carltonmoore@cityofmound.com); Charlotte Cohn (charlotte.cohn@dnr.state.mn.us);
Cheri Johnson (cheri@ci.excelsior.mn.us); Chris Zadak; Dave Poggi (Davidpo@bolton-
menk.com); David Johnson (david.l.johnson@pca.state.mn.us); Deb Vinderline
(LaketownTownship@broadband-mn.com); Debra Pilger(dpilger@minneapolisparks.org);
Derek Ashe (DAsche@ci.plymouth.mn.us); Dick Krier(mtkabch@qwest.net); Dick Osgood
(dickosgood@usinternet.com); Doug Snyder(dsnyder@mwmo.org); Dusty Finke
(Dusty.Finke@ci.medina.mn.us); Evelyn M. Turner; Greg Nybeck (gnybeck@Imcd.org); Gus
Karpas (gusk@cityofdeephaven.org); Holly Kreft (hkreft@ci.victoria.mn.us); Jack Frost
Qack.frost@metc.state.mn.us); James Landini Qlandini@ci.shorewood.mn.us); James Vagle
(james@batc.org); Jason Ziemer; Jesse Carlson; Jesse Struve (jstruve@ci.edina.mn.us);
Jessica Loftus (jloftus@cityoftonkabay.net); Jill Crafton (JWCrafton@rkmc.com); Joel Settles
(joel.settles@co.hennepin.mn.us); John Barten (jbarten@threeriversparkdistrict.org); John
Bradford Qbradford@HOPKINSmn.com); John Gleason (John.Gleason@dnr.state.mn.us);
John O'Toole Qohn.otoole@genmills.com); Joseph Yanta
(joseph.j.yanta@mvp02.usace.army.mil); Judie Anderson (judie@jass.biz); Kate Drewry
(Kate.Drewry@dnr.state.mn.us); Kristin Asher(kasher@cityofrichfield.org); Larry Brown
(Ibrown@shorewoodpw.com); Laura Adler(ladler@stlouispark.org); Leah Peterson
(leahp@minnesotawaters.org); Lee Gustafson (Igustafson@eminnetonka.com); Lili McMillan
(lilim@mac.com); Liz Stout (Istout@eminnetonka.com); Lois Eberhart
(Lois.Eberhart@ci.minneapolis.mn.us); Michael Schmidt(mschmidt@minneapolisparks.org);
Mike Eastling (meastling@ci.richfield.mn.us); Mike Gaffron; Mike Kelly (mike@wayzata.org);
Mike Wanous; Nature Conservancy(minnesota@tnc.org); Pat Arnst(pfarnst@aol.com); Pat
Byrne; Paul Moline (pmoline@co.carver.mn.us); Rachaei Crabb
(rcrabb@minneapolisparks.org); Remi Stone (remistone@comcast.net); Ron Fuchs
(rfuchs@ci.excelsior.mn.us); Sarah Friesen (sfriesen@mchsi.com); Sarah Smith
(SarahSmith@cityofmound.com); Scott Zerby (scott@gamersdigital.com); Sierra Club
(north.star.chapter@sierraclub.org); Steve Stadler(sstadier@hopkinsmn.com); Terry Bovee
(terry.bovee@state.mn.us); Terry Jeffery (tjeffery@ci.chanhassen.mn.us); Terry Post
(tpost@ci.long-lake.mn.us); Terry Schwalbe (info@watersheddistrict.org); Tim Brown
(tbrown@minneapolisparks.org); Toni Hirsch (thirsch@ci.independence.mn.us); Tony Brough
(Anthony.Brough@co.hennepin.mn.us); Trudy Lehmeyer; Wayne Whoule
(whoule@ci.edina.mn.us); Wyatt, Michael MVP
Cc: EmmaTheGirlDog@aol.com; Jeff Casale; tgerhardt@ci.chanhassen.mn.us;
DanaYoung@mchsi.com; ghughes@ci.edina.mn.us; kluger@ci.excelsior.mn.us;
tburt@ci.golden-valley.mn.us; greenwood@visi.com; rgetschow@hopkinsmn.com;
thirsch@ci.independence.mn.us; tpost@ci.long-lake.mn.us; cityhall@mapleplain.com;
chad.adams@ci.medina.mn.us; steven.bosacker@ci.minneapolis.mn.us;
sgriffin@ci.minnetonka-beach.mn.us;jgunyou@eminnetonka.com;
mfunk@ci.minnetrista.mn.us; KandisHanson@cityofmound.com; bwells@ci.orono.mn.us;
lahrens@ci.plymouth.mn.us; sdevich@ci.richfield.mn.us; bheck@ci.shorewood.mn.us;
jimbrimeyer@mchsi.com; stboni@visi.com; tharmening@stlouispark.org;
jloftus@cityoftonkabay.net; duram@ci.victoria.mn.us; alo@wayzata.org;
shelley@cityofwoodlandmn.org; laketowntownship@broadband-mn.com;
watertowntownship@frontiernet.net; Eric Evenson
Subject: March 16th Rule Making Meeting (TAC)
Dear Technical Advisory Committee Members,
As you are aware, the 45 Day Written Public Comment period for the following draft rules ended in January 2010:
1
�
• Wetland Protection Rule
• Shoreline &Streambank Improvement Rule
Since then,the MCWD Board of Managers has discussed the comments received during this comment period and
directed staff to make changes to the rule language in several areas. The District would like to convene the Technical
Advisory Committee on March 16th to provide an update on the rule making process and present updated draft language
developed in response to comments.
This informational meeting will provide everyone with an update on areas of the rule that received comment and how
the Board of Managers is working to address those comments. Comments and suggestions on the revisions will be
welcomed in the week(s) following March 16tn
The meetin�will take place on March 16"'at 2:30PM at the South Shore Communitv Center in Shorewood
Staff will be distributing an agenda and meeting materials this week.
As usual, please RSVP to this email to let me know whether you will be attending or not.
Feel free to call with questions.
Thank you.
James Wisker
MCWD Planner
18202 Minnetonka Blvd.
Deephaven, MN, 55391
Phone: 952-471-0590 x 206
Fax: 952-471-0682
www.minnehahacreek.or�
�
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MINNENAHA GREEK
wATERS►+fD OIST�2ICT
2
Mike Gaffron
From: Vic eber[vickiweber@cityofmo nd.com]
Sent: nday, March 01, 2010 3:31 PM�
To: a ministrator@greenwoodmn.c rn; alo@wayzata.org; bheck@ci.shorewood.mn.us; Cariton
M � danayoun �. om; duram@ci.victoria.mn.us; Jim Brimeyer
(jbrimeyer ci.spring-park.mn.us); jkohimann@cityoftonkabay.net; John Gunyou
(jgunyou@eminnetonka.com); Kandis Hanson; kluger@ci.excelsior.mn.us; Mark Hanus
(mahanus@frontiernet.net); mfunk@ci.minnetrista.mn.us; Mike Gaffron; Sarah Smith; Shelley
Souers (shelley@cityofwoodlandmn.org); Susanne Griffin (sgriffin@ci.minnetonka-
beach.mn.us)
Subject: FW: New Watershed Rules
Dear Neighboring Staffers—
Please see the message below from Mound Mayor Mark Hanus to your elected officials.
You and your related staff person or consultant are also invited to attend. Please send me
a rough number of how many will attend from your city—names are not necessary.
Respectfully, be reminded to post this as a joint meeting of the Lake Minnetonka cities,
since a quorum of the cities is possible and because the Mayor does expect to do business.
Sincerely,
Kandis Hanson
City Manager
City of Mound
952-472-0609
From: Mark Hanus [mailto:mahanus@frontiernet.net]
Sent: Sunday, February 28, 2010 1:02 PM
To: Kandis Hanson; Amber Greves; Dick Allendorf; William Labelle; Tom Furlong; Tom Crosby; Sarah Reinhardt; Randy
Gilbert; Paul Skrede; Nick Ruehl; Minnetonka Beach; Mary Hershberger Thun; Marv Johnson; Linda Loomis; Ken Wilicox;
Kelli Slavik; John Sweeney; Jim White; Jim Doak; Jeff Jacobs; James Hovland; Gene Maxwell; Debbie Goettel; Deb Kind;
Christine Lizee; Cheryl Fischer; Bob Ellingson; tony Wagner; Brad Wiersum; James Hiller; Bethany Tjornhom; Brian Litsey;
Vicki Ernst; Jerry McDonald; Tom Scanlon; Doug Sippel; Steve Adams; Kim Crocket; Keith Kask; John Wheaton; Wendy
berghorst; Jennifer Caron; Greg Miller; Mary Jo Fulkerson; Mike Freiberg; Paula Pentel; Dede Scanlon; Bob Shaffer; Lynn
Betts; Brad Spencer; Linday Wallace; Norm Wenck; Judy Johnson; Kathleen Murdock; Bob Stein; Ginny Black; Tim
Bildsoe; Jim Willis; Cynthia Bremer; Lili McMillan; )im Murphy; Doug Franchot; Michael Jilek; Sliv Carlson; Tom Newberry;
Troon Dowds; Tom Fletcher; Kelsey Page; Bob Quam; William Rose; Richard Woodruff; Laura Turgeon; Jeffery Bailey;
Scott Zerby; Mark Vanderlinde; AI Roers; Lisa Whalen; George Zenanko; Kristi Halverson; Bruce Rowan; Rick Brausen;
Cheryl Youakim; Paul Omadt; Phil Finkelstein; Sue Sanger; Ann Mavity; Sue Santa; Julia Ross; Ken Folley; Clayton
Tessness; Anthony Marceau; Jerry De La Vega; Jack Amdal; Mary Bader; Andrew Mullin; Tom Tanner; Heidi Gesch; David
Osmek; Ray Salazar; Greg Skinner
Subject: New Watershed Rules
Dear Fellow Elected Officials,
As many of you know, the Minnehaha Creek Watershed District has proposed many new rule changes to several existing
rules on the books that have a large impact on cities and private property owners alike. Once again, these proposals
have kicked up quite a stir.
1
There was a Lake area Mayors meeting last Wednesday (2-24-10) in the City of Shorewood with Watershed �
representatives to ask questions and get clarifications of exactly what they are proposing. Many cities were
represented. As expected, many issues still remain as they continue to forge ahead with their plans. Some concerns that
many cities have involve erosion of city zoning authority, very large cost increases of doing city business, private property
rights, defining the line between Watershed and Municipal rights and responsibilities, and many others.
As elected officials we want to work cooperatively and in concert with other governmental agencies to every extent
possible. Occasionally, as agencies spread their wings and expand their mission, regulatory authority can overiap and
become a cause of great concern to elected ofFicials and our citizens. This occurs every few years with the MCWD and
we are there once again. The MCWD is expanding their rules that apply directly to our cities and private properties. The
question is where do we want to draw the line? At what point do we think the point of diminishing returns has been
reached and how do we want to communicate that to the MCWD?
The City of Mound cordially invites the Mayors and City Councils of the area to attend a summit(for lack of a better term}
to discuss where we want to draw the line and how we want to react to the current situation. This will probabiy be our last
chance to meet as a group before the Watershed public hearings on these rules. Mound will have our hired professional
David Poggi PE of Boiton and Menk to present the impacts of these proposals from the city point of view rather than the
Watershed point of view. It is intended to be an open discussion with the intent of determining a course of action if the
group wishes to do so. The MCWD has not been invited to this because we dont want anyone to be intimidated. We dont
want a softened version, filtered to avoid stepping on toes. We want to know what you are really thinking.
City staff members are welcome but are expected to receive an invitation directly from the Mound City Manager. I have
included as many city councilmembers as I can find. But not all cities have council emails on their websites. Therefore, I
am requesting that you ensure that your entire City Council is made aware of this invitation. You will want to consider
noticing this meeting if you think a quorum of your council may be in attendance. I've tried to avoid all of your City Council
meeting nights.
Lake area City Summit Meeting information:
When: Wednesday, March 17th at 7pm
Location: Mound Public Safety Building (Training Room)
Address: 2415 Wilshire Boulevard
Mound, MN. 55364
I recommend you park across the street in the Shirley Hills Elementary School parking lot. Enter the Public Safety
Building through the main front door and follow the posted signs up to the training room.
Contact: Kandis Hanson, City Manager
952.472.0609—direct
KandishansonCc�citvofmound.com —email
If you have other questions you can contact either the Mound City Manager (above) or myself at this email address.
Thank you for you interest and involvement in this critically important issue. I look forward to seeing you at this meeting.
Sincerely,
Mayor Mark Hanus
City of Mound
z
•' * \�./
MEMORANDUM 3-9-10 Work Session
To: Mayor and City Council
From: Mike Gaffron, Asst. City Administrator
Date: March 8, 2010
Subject: Long Lake/Orono Joint Council Meeting re Hwy 12 Turnback Process
Terry Post has indicated that the Long Lake Council is available to attend the regular
Orono Council meeting of March 22 for a presentation and discussion with Herulepin
County Transportation Director Jim Grube regarding the Hibhway 12 turnback
improvement process.
I advised Terry that this may or may not be an acceptable date depending on what else is
on that Council agenda, and I would get back to him.
Council is asked to provide direction regarding scheduling a joint meeting with the Long
Lake City Council.
Hennepin County Transportatian Department _ ����/�/��
, 1600 Prairie Drive 612-596-0300,Phone h�U
Medina,MN 55340-5421 763 478-4030,TDD �'�� ��20,0
www,hennepin.us �F�RONO
February 17, 2010
Mayor Randy Gilbert Mayor James White
City of Long Lake City of Orono
450 Virginia Avenue 2750 Kelley Paricway
PO Box 606 Long Lake MN 55356
Lang Lake MN 55356
RE: Improvement of Old TH 12
Gentlemen:
�n behalf of Hennepin County I thank Mayor Gilbei-t and Orono C'ity Council Membcr .Tim Murphy
for meeting with Commissioners Jan Callison and Jeff Johnsan, Dave Nuckols and me to fui-ther
discuss the process for the Old TH 12 turnback improvement project, As I mentioned dul•ing aui•
meeting, I believe it would be beneficial for me to meet with the City Councils of'the two cities to
discuss the turnbacic improvement process, using my December 1 I, 2009 letter to the cities as the
basis of discussion. My preference is to meet with the two City Councils at a joint meeting af a date
and tiine convenient for the two councils.
Please be advised I will be contacting each city's staff to discuss with them the selection process we
will follow as Hennepin County retains a consultant to assist in the design of the improvement
project. It is my intent that the consultant selection process begin shortly after the proposed joint City
Council meeting. Hence, I desire staff understand'tng of the proposed consultant selection process
prior to the joint meeting.
I look forward ta meeting with the City Councils to discuss the future of Old TH 12.
Sincerely,
% ,,,,,�._. J �-t—
James N, Grube, P.E.
Director of Transportation and County Engineer
JNG/cu �
., .� . �
Enclasure � .
cc: Commissioner Jan Callison . �� �
Commissioner Jeff Johnson � •
Dave Nuckols �
Todd Vlatkovich .
Marthand Nookala .
Craig Twinem
An EqualOpportuniry Employer Recycled Paper
Hennepin CountyTransportation Department
� — ---
1600 Prairie Drive 612-596-0300,Phone
Medina,MN 55340-5421 763-478-4000,FAX
763-478-4030,TDD
www.hennepin.us
December 1 l,2009
Mayor Randy Gilbert Mayor James White
' City of Long Lake City of Orono
450 Virginia Avenue 2750 Kelley Parkway
FO Box 606 Long Lake MN 55356
Long Lake MN 55356
RE: Improvemeni af Old TH 12 .
Gentlemen:
Recently you advised Commissioner Jan Callison of your cities' desire to examine the implications of
fulfilling the vision you developed for old Trunk Highway (TH) 12 between approximately Oid
Crystal Bay Road and approximately Wayzata Boulevard. As we agree,the foundation of the visian
is the reconstruction/reconfiguration of the roadway. Upon this foundation are placed landscape
treatments and pedestrian ways, Of course,fulfillment of this vision depends on resource availahility
and agreement between the parties that the vision can be attained..
Scope: Project scope originates with the stated vision. As we know the state will be transferring, or
turning back,jurisdiction of TH 1Z between CSAH 6 and Wayzata Boulevard in 2010. With the
jurisdiction transfer,the state wi11 make state turnback funds available for the reconstructian of the
highway. It is important to nate that the cities have a larger vision, with a locally defined scope of
enhaneements that may be combined with the highway reconstruction into a unified project.
Timing: Projects of this size are inherently of long duration. From the caunty's perspective,the
reconstruction of ald TH 12 must occur within 15 years of the road's transfer to the caunty because
turnback funds are tied to this limit. Please understand that a best case time frama would be seven
years; however, it is highly likely it will take more time, Recognizing it is critical to confirm the
vision and funding availability,the county proposes to retain consultant services in 2010 and support
the visioning process through early-2012 by which time it is hoped the two City Cnuncils will adopt a
vision layout of old TH 12. These services are intended to assist the parties in the review, and as
necessary, modification of the cities' vision. In conjunction with the parties' layaut approval, it will
be necessary for the cities to prioritize the vision fulfillment by segment. Assuming five segments
are identified, it is anticipated the first segment may be placed under construction in 2015. It follows
that between 20i2 and 20I5,the cities and county will need to identify and dedicate financial
resources for all segments,
An Equaf Opportunity Employer Re_ryded Paper
�
Long Lake-Orono
Improvement af OId TH 12
Decernber i l,2009 �
Page 2
Bvdget: At this point, the county is budgeting for a basic turnback project without the enhancements.
�bviously it is not possible to quantify the total budget inclusive of enhancements, but estabIishing a
base budget allows us to initiate the project and retain the necessary consultants to suppart the visioning
process. The budget currently stands at$20 million for furnback and initial planning-purposes only. Of
that,$1 million is planned for 2010 and$500,000 in 2011 for consultant-staffed planning. All
stakeholders should proceed on the assumption that highway reconstruction project elements will
consume tlte current$20 million budget and that enhancements to fulfill your broader vision wiii
require significant additional funding that remains "to be determined".
Funding: As noted,the reconstruction is to be financed predominantly through the expenditure of
state provided turnback fitnds. The balance of the costs is to be financed by the county and the cities.
In very general terms, by way of the county's Cost Participation Policy, the cost to the cities f�r the
related road reconstruction costs is ten percent or roughly$2 million. The turnback funds are not
available for ihe constructian of new pedestrian ways (sidewalks and trails), landscaping(except as
repIacement of existing components},or street lights; therefore,those costs must be predominantly
borne by the cities and,to the eatent approved, by the county. 1 he county sponsors a Roadside
Enhance2nent Partnership Program{REl'P)which helps finance landscaping and street light
installatian via a competitive process. Unfortunately, REPP is available only in Long Lake so it will
be necessary to develop a finance plan for the Orono improvements out of Orono-directed funds and
fot•�l�e Long La1ce improvements out of Lorig Lake and county-directed funds, The county bttdget for
initial planning through 2012 will be entirely based on turnbacic funds, sa ci#y funding will not be
needed to start the process. Between 2012 and 2015 it will be necessary for the cities and county to
identify and dedicate financial resources for all segrnents.
I am enclosing a document that explains the process by which financial participation is split between
. the"caunty share" and"city share" in any such road project. The "city share"in this case is a bit •
more complicated,of course,because there are two cities involved, and the split between the two
remains a key "to be determined" item in the planning process. Piease note that the ten percent
amount used abave is a round figuxe used for informal discussion purposes;the many more specific
policies that will determine the eventual figure are described in the enclosed document,
Note that the REPP policies(see Section XV on pages 9-12} are contingent on a competitive award
process. While nearly all REPP-eligible.pro}ects have been funded in fhe recent past,the amount of
REPP-avaiEable fianding for such competitive awards is subject to annual appraval by the County
Board.
� Getting Started: County staff will proceed with the c�nsultant sedection process. A project manager
from my staff will be assigned to wark with the consulting team. Together they will work with yau,
your City Councils, and your city staffs to kick-off the public involvement process in 2010, Your
support invotving a broad cross-section of community stakeholders will be key to the success af that
effort.
1
Long Lake-Orono
Tmprovement of Old TH 12
December I 1, 2009
Page 3
If you consider it appropriate to circulate copies of this letter to others, I invite you to do so. In
addition, if the City Councils wish to discuss the informaTion provided herein, I invite you to contact
me.
Sincerely,
J V /V�ll"� -
James N. Grube, P.E.
Director af Transportation and County Engineer
JNG/cu
cc: Commissioner Jan Callison
Marthand Nootcala
Enclosure
MEMORANDUM
To: Mayor and City Council
From: Ron Olson, Finance Director
Date: March 9, 2010
Subject: Hennepin County Grant Applications
During the last week of February we received notification that grant money was available
through the Metropolitan Landscape Restoration Program and Clean Water Fund Grant. The
City Engineer and Public Works staff is recommending that we apply for grant money to fund
three pro�ects that were cut from the Casco Point Project.
The first project involves shoreline restoration and stabilization on Carman's Bay. Estimated
cost of the project is $69,000 with the City's share being $25,000. The area of the project
includes a sanitary sewer line with an exposed manhole. Funding for the city's share could
come from a combination of Sewer and Storm Water Funds. The other two projects involve a
drainage swale and a rain garden on private property along Dunwoody Avenue. The City's
cost for these projects would be $12,100 and would be funded by the Storm Water Fund.
The grant application deadline was March 8, 2010 which was prior to the last council meeting.
Because of the grant deadline, the City Engineer applied for the grants prior to receiving
council authorization. If the council would like, we can withdraw our application. Otherwise,
we will request formal approval at the next council meeting.
�1" .
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March 8, 2010 'p0�� �����'�����'
Hennepin Conservation District Board
AiTN: Eilen 6. Sones
417 t�lorth 5`� Street, Suite 200
Minneapolis, MN 5540]-3206
Re: h1etropo!itan Landscape P.estoration Program and Clean Water Fund Grant
Snorel;ne Restoration Demor,stration Project — Carmans Bay — Lake Minnetoilka
Client Name: City of Orono
6onestroo File No.: 139-10000
Dear Ms. Efl?n Sones;
The City of Orono is submitting the above referenced project to the Hennepin Conservation
DistncJt Board for funding consideration for the Metropolitan Landscape Restoration Program and
Ciear V`Jater Fund Grant. The projec� is located on Carmans Bay of Lake (�linnetonka (see
attaLh� location). The drainage area to this site is approximately 0.50 acres. There is 350 linear
f�et of shoreline that is experiencin_y substantial erosion. Poor soils, wave action, and shading of
na;ivt piants by buckthorn have made this site susceptible, t� erosion. We estimate, based on a
revieev of historic aerial photograph and sanitary sewer as-builts, that 1,800 squarc feet of
shoreline have been lost and is currently exposing a sanitary sewer manhole. (5ee Attachment A,
Photo A-1)
Traditionally shorelines hav2 been stabilized along Lake Minnetoi�ka utilizing riprap and rock that
extends from below the water, within tne littoral zone, up siope to above the Ordinary High
Waker Level o`the Lake. (See Attachment A, Phota A-2)
This approach to shoreline protection removes native vegetation and eiiminates che iiltering and
!ittorai habitat that na�ive veaetation along shorelines provides. 1"he City proposes to compiete a
project tnat demonstrates �Iternatives to just riprap. The project would involve the us� of a new
appro�ch to shoreline stabilization cailed compost grouting of ro�_k along with native piantings.
(See Attachment P., F�hoto A-3)This approach utilizes rc>ck for structural sup�art of the soil but
involves t#ie use of compost in the gaps of the rock to allo��� for native plantinqs. We also propose
the development of a 15 - 20 foot native buffer above the-_ rock.
Typically yards around Lake Minnetonka are 0.5 acres. Thfs size lot can contribute 0.3 Ibs of
phosahorus per year to the Lak�. lmprovements along the shor�line and buffering the la�eshore
area� along this Lake wc�uld eliminate thi5 c.ontribution ot phosphorus frorn adjacent lawns. This
projec` provides an excellent opportunity to demonstrate alternatives to riprap for shoreline
s:abilization as well as native buffer� t:st�blishment,
Project length is �SO line�r ft,et of shorelir.e and indudes the roilowing components:
• Re-establishment of shoreiine ' °
� Buckthorn removal in a 40-foot area of buffc�r ;0.32 �3cres) "'�` "�''�'�`
,
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• Rock and compost plantings (350 If X 7 ft)
• Native bi.i�fer plantings/seeding (35d if X ?� feet)
• Three years of vegetative maintenance
The estimated construction cost is �69,000. The City is requesting �44,000 from the grant and
th� City will match this cost with engineering and $25,U00 (35%) of the constructi�n costs.
If you have any questions, please feei free to contact me.
BONESTROO
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Thor7ias Kellogg �
Orono City �naine�r
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ATTACHMENT A -- PHOTOS
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A-2: Typical riprap protection Car:>-:�t Lake, Minnetonka
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SHORELINE RESTORATION
ORONO,MINNESOTA FIGURE 1 "
CASCO POINT RECONSTRUCTION Bonestroo
000139080230 F7('dIRF51.DING 0.4TE:MARCH,?010 COMM:Q00139-08023-0
� �
�
Ron Olson
From: Kellogg, Tom P [Tom.Kellogg@bonestroo.com]
Sent: Tuesday, March 09, 2010 10:32 AM
To: Ron Olson
Subject: FW: Casco Point, Orono -Water quality improvements - Metro Landscape Restoration
Program and Clean Water Grant
Attachments: Casco point Orono BMP Improvements.docx; FIGURE 1.pdf
Ron,
Attached is the second grant request we submitted. Again, this was work we had hoped to add to the project and would
like to construct this spring. Let me know if you need anything else,
Thanks,
Tom
Tom Kellogg, PE
Associate
Direct 651-604-4863
Cell 651-775-5637
tom.kellog_QCa�bonestroo.com
•�'�`�' B��estro�
From: Smyth, )ohn R
Sent: Monday, March 08, 2010 5:34 PM
To: Kellogg, Tom P
Cc: Ward, Jared T; Amundsen, Darren T
Subject: FW: Casco Point, Orono - Water quality improvements - Metro Landscape Restoration Program and Clean Water
Grant
FYI — Submitted —we will see what they say.
7ohn Smyth
Associate
Direct 651-604-4708
Cell 651-775-5104
iohn.smyth@bonestroo.com
+�� ��i"l�St E"QC�
From: Smyth, John R
Sent: Monday, March 08, 2010 5:33 PM
To: 'EIIen.Sones@co.hennepin.mn.us'
Subject: Casco Point, Orono - Water quality improvements - Metro Landscape Restoration Program and Clean Water
Grant
Hi Ellen,
One more grant request from the City of Orono.
Let me know if you need additional information.
�
,r •
Project Sponsor
City of Orono
Project Contact
Tom Kellogg, Orono City Engineer
(651) 636-4600
Project Description
The City installed BMP's such as rainwater gardens on public property as part of the
Casco Point Road Improvement projects. After completion some private property owners
requested rainwater gardens on their property. These two projects would be completed by
the City of Orono on private property at the request of the property owners. The projects
offer additional water quality treatment opportunities within a portion of the
neighborhood that currently has limited treatment. The projects are described in greater
detail below and locations are provided on the attached exhibit.
BMP A:
This BMP will consist of a rain garden that will take run off from the street and treat it
through infiltration prior to discharging in to Spring Park Bay of Lake Minnetonka. The
work required will consist of excavation to a depth of 3 to 4 feet, installation of a 6" drain
tile system, installation of granular borrow and pervious planting media, and installation
of mulch and vegetation.
Volume required is 113 sguare feet
Phosphorus removal will be 100%.
Estimated Cost: 60' 6" dir. Drilled $30 = $1,800
Rain Garden LS - $5,200
Total $7,000
BMP B:
This BMP will consist of installing a pervious drainage swale that will treat runoff from
the street and surrounding properties prior to discharging into a wetland, that discharges
into Carman Bay of Lake Minnetonka. The work required will consist of excavating 3-4
feet of material, installation of a 6" drain tile system, installation of granular borrow and
pervious planning media, and installation of stabilization fabric and vegetation.
Volume required is 156 square feet
Phosphorus removal will be 100%.
Estimated Cost 535' 6" dir drilled $30 — $16,050
Swale LS — $5,500
Total: $21,550
Project Cost Summary
BMP A and B Construction Costs: $28,500.00
Engineering: 6,000.00
Total Project Cost: $34,500.00
Grant Request Amount: $22,400.00
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LOCATION DRAWING
CITY OF ORONO FIGURE 1 �
Bonestroo
STORM WATER TREATMENT
y 13908023DUNWOODY LOCA7ION3.B.l0.DWGDATE:03-08-10 COMM:
\
MEMORANDUM
TO: MAYOR AND COUNCIL MEMBERS
FROM: LIN VEE, CITY CLERK
SUBJECT: NATURAL SHORE TECHNOLOGIES, INC. WORKSHOP PROPOSAL
DATE: MARCH 9, 2010
Natural Shore Technologies, Inc. has expressed an interest in working with the city to offer a
workshop about the benefits of native plants and native landscaping. A Workshop Proposal is
attached.
Staff is requesting input regarding the level of interest Council has in pursuing this workshop
opportunity.
RECEI���
MA�t 0 g ZU10
c� o CITY OF ORONO
� ``��v' Natural Shore Technolo ies, lnc.
� �
� 6275 Pagenkopf Rd., Mapie Piain, MN 55359
( 612-703-758t
lwww.naturalshore.com
�
Workshop Proposal
Natural Shore Technologies, Inc., a small, local, ecological restoration
company based in Maple Plain is interested in working with the City of Orono to
offer a workshop to its residents about the benefits of native plants and native
landscaping. This workshop will fit perfectly with the City of Orono's philosophy
of preservation, improving water quality, and maintaining a rural character.
Natural Shore staff will give a one hour presentation about how
landscaping with native plants can attract wildlife to your yard, improve the �
environment, and still be attractive and aesthetically pleasing. Natural Shore . �
Technologies will offer a special plant sale to workshop attendees after the
presentation.
Title: Landscaping with Native Plants: Creating Habitat in Your Own Backyard
Objectives
The goals of the workshop are as follows
• How to choose plants for wildlife
• Create an understanding of the difference between native plants,
ornamentals, and invasive plants (weeds)
Intended Audience
This workshop will be targeted to homeowners who are interested in attracting
birds, butterflies, and other wildlife to their own backyard. Material presented will
be suitable for beginners to experienced enthusiasts.
Intended Size
25-50 people
Proposed Length
2 hours (1 hour presentation, .5 hour questions and discussion, .5 hour for plant
sales)
Proposed Location
Orono public meeting space (City hall?)
Proposed Day and Time
June 2010, Friday or Saturday, late 3-5pm
ThreeRivers
PARK DISTRICT
March 1, 2010
Three Rivers Mike Gaffron, Assistant City Administrator
Park District City of Orono
Board of 2750 Kelle Pkw
Commissioners Y y
Orono MN 55356
Re: Three Rivers Park District Proposal to Allow E-Bikes on Regional Trails
Sara Wyatt
°'St�'�t ' Dear Mr. Gaffron:
Three Rivers Park District is considering a proposal that would allow the use of electric-
assist pedal bicycles (e-bikes) on the Park District's regional trails. As a valued partner,
Marilynn Corcoran, We�d like to share our rationale for this proposal and invite your feedback. This topic was
v��e cna�� initially reviewed by a Committee of the Park District's Board in 2009 and we are
District 2 �
planning to bring back a recommendation to the Committee on March 18th with final
Board consideration on April gtn
To help bring you up to speed on the current status of e-bikes, we'd like to provide you
Mark Haggerty
�;St�;�t 3 with a bit of background information:
State Definition of E-Bikes
Minnesota law considers e-bikes to be a special subset of motorized vehicles, defining
�a�ewooabe�k and restricting their design in a manner similar to classic bikes. The definition requires
District4 that to be classified as an e-bike, the bicycle cannot exceed a maximum speed of 20
miles per hour and must meet certain federal safety standards; it must have a saddle,
operable pedals, and two or three wheels; and the electric motor (which may not exceed
1,000 watts) must disengage during braking. E-bikes look like a classic bicycle, take up
Rosemary franzese the same amount of trail space as a classic bike, and are ridden as a classic bike. They
��st���t s can only be operated by persons 16 years of age or older with a valid license.
Growing Popularity of E-Bikes
E-bikes are growing in popularity throughout the country and the Twin Cities. These
Larry Blackstad,Chair bikes are now sold at a number of local bike shops and other retailers. Nationally, sales
APpo��ted increased by 60% last year. Although a niche market bicycle, Park District public safety
and research staff both report that these bikes are frequently seen on the Park District's
regional trails.
Barbara Kinsey Use of E-Bikes
Appointed Informal research indicates that e-bike users fall into one of two categories: (1) previous
bicyclists with health issues who are looking for some sort of assistance when riding;
and (2) individuals who want a viable alternative to the car for transportation. This
second group includes commuters who want to avoid the carbon emissions of a car or
Cris Gears road congestion, as well as those who want to utilize the bike to run errands and carry
s�Pe���ce�aent goods. Many of the users in both groups use e-bikes because they are concerned about
the environment and want to do their part to reduce the effects of climate change.
Administrative Center, 3000 Xenium Lane North, Plymouth, MN 55441-1299
Information 763.559.9000 • TTY 763.559.6719 • Fax 763.559.3287 • www.ThreeRiversParks.org
Bike Traii Ordinances and Enforcement
Throughout our discussions with representatives from metro area park systems as well as
other trail providers across the country, we have found that a number of systems have
ordinances or rules that prohibit "motorized vehicles" on paved trails. Most of these rules
were written before the advent of e-bikes and were intended to restrict access to cars,
motorcycles, ATV's and similar motor powered vehicles. The current proposal being
considered by our Board would utilize the state definition of '�e-bikes" and would consider
them to be classified as bicycles, rather than as motorized vehicles, thus allowing their use
on all Park District trails. The Park District is not proposing to change its Ordinance or
signage.
The Park District regulates the use of bikes within its Ordinance and provides public safety
patrol of regional trails to establish a presence and enforce the rules. Specifically, the Park
District Ordinance states that it shall be a petty misdemeanor to ��ride or operate a bicycle
except in a prudent and careful manner or at a speed faster than is reasonable and safe
with regard to the safety of the operator and other persons in the immediate area." We
believe that the need to enforce these regulations is the same regardless of if a classic or e-
bike is ridden on the trail. The complete Three Rivers Ordinance is available at
www.threeriversparks.orq.
We understand that city trails often connect to Park District regional trails and that our
proposed direction may or may not be in conflict with city ordinances. Park District staff has
a great deal of information about e-bikes which we can share with your staff, if you have
further interest. -
We welcome your comments on this topic. Please feel free to contact Associate
Superintendent Margie Walz at 763-559-6746 or mwalzCa�threeriversparkdistrict.org .
Sincerely,
Cris Gears
Superintendent
c: Margie Walz, Associate Superintendent
Tom McDowell, Associate Superintendent
Boe Carlson, Associate Superintendent
:/
MEMORANDUM
TO: MAYOR AND COUNCIL MEMBERS
FROM: L1N VEE, CTTY CLERK
SUBJECT: COMMENTS REGARDING INFORMATION UPDATES
DATE: MARCH 8, 2010
Attached are the Information Update memos from February 26 and March 5 for reference if
Council wishes to discuss any of these items.
MEMORANDUM
TO: MAYOR AND COUNCIL MEMBERS
FROM: ORONO MANAGEMENT TEAM
SUBJECT: INFORMATION UPDATE
DATE: FEBRUARY 25, 2010
• After discussion with the Mayor late this morning, the legal notice for a public hearing on the
interim use ordinance at the March 15 Planning Commission meeting was removed. (MPG)
• On Wednesday evening Mayor White and Mike joined with other Lake Minnetonka area
mayors and administrative staff in a meeting with MCWD representatives to discuss the
Watershed District's proposed Rules D & F regarding wetlands and shoreline protection.
The MCWD Board has taken a hard look at the many comments submitted by the various
stakeholder groups and in response has made a significant number of changes to the proposed
rules. The changes resolve a number of Orono's concerns. At some point in the next few
weeks I would expect to see a revised version of the proposed rules. A copy of Wednesday's
presentation materials is attached. (MPG)
• I met with Amanda Novak of CommonBond on Wednesday to discuss next steps far them. I
suggested they provide a formal letter of introduction of their project, since they really
haven't provided us with any detail to date. Note that while they cannot technically make the
appropriate applications far rezoning/RPUD review/preliminary plat approval until the Comp
Plan Update is approved, their proposed schedule suggests a need for the rezoning to be
completed by June 15 to meet a Minnesota Housing grant application deadline. Since the
formal rezoning is normally an end stage of our RPUD/PUD process, it's questionable
whether their schedule is feasible. They are also concerned about acquisition of the City
property; I advised that the Council has not made any decisions and to my knowledge has not
discussed this. To move toward a conclusion on this topic, I suggested that CommonBond
provide a draft purchase agreement along with their letter, for discussion at your March 9
wark session. (MPG)
• News from Correy:
o See attached newsletter. I am pictured standing next to our 12 foot snowman (with cone)
we built. I am part of section 5. Look closely, I am also in the rocky statue picture and
standing in front of Geno's (under the s in Geno's in blue coat) and in the Police Chiefs
office in Philadelphia (next to the guy in yellow).
o Nearly finished with week 7, only 3 weeks left. Can see the light at the end of the tunnel.
What a great experience it has been so far. Completed the 4.2 mile challenge and only the
5.2 and 6.1 yellow brick road challenge left to complete. Almost all my projects
completed. Only have 3 presentations left to give in front of the classes, one 10 minute
and two 30 minute. Missing family and work...
See you all soon.
Correy(the guy that use to sit in the office marked chie fl
The Ciry of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this
electronic file are asked not to "Forward"or "Reply to All"concerning information contained in this email.
MEMORANDUM
TO: MAYOR AND COUNCIL MEMBERS
FROM: ORONO MANAGEMENT TEAM
SUBJECT: INFORMATION UPDATE
DATE: MARCH 5, 2010
• Attached are special event permits far two homes in the 2010 Parade of Homes Remodelers Showcase located
at 1880 Fox Street and 3825 Cherry Avenue.
• The Orono High School golf coach is warking with Ron Steffenhagen on a fund raiser for the golf team.
Team members will sell season and 10 play passes; in return the golf team will retain approximately 10%of
the cost. For example, a 10 play pass costs $140. The golf team would earn$15 far the sale. It is anticipated
that these sales will be to patrons that are not currently using the course.
• Recently Staff noticed that North Share Marina constructed a brand new ground sign without City permits or
input from City Staf£ As a result, this sign does not meet one of the requirements within the Monument Sign
regulations. The property owner has been given March 17th as a deadline to either remove the sign or apply
for an after-the-fact variance. (MC)
• As there were no applications submitted for the March Planning Commission deadline, the regular Planning
Commission meeting for March 15th has been cancelled. The Planning Commission will review the
amendment to the City's CUP standards at their April meeting. The cancellation notice has been sent to the
newspaper, emailed to the ListServe folks as well as will be posted at the Post Offices. (MC)
• The attached information regarding the CommonBond proposal is for discussion at your Tuesday work
session—staff inemo to follow on Monday. Attachments include: a)MPG letter to CommonBond re
application process;b)MPG email to Ron Miller with answers to his latest questions; c) Letter from
CommonBond formally introducing their project; and d) Draft purchase agreement from CommonBond—I
suggested that Amanda provide this to assist Council in focusing on the issues surrounding sale/transfer of the
City property. (MPG)
• Terry Post has indicated that the Long Lake Council is available to attend the regular Orono Council meeting
of March 22 for a presentation and discussion with Hennepin County Transportation Director Jim Grube
regarding the Highway 12 turnback improvement process. This is an item for discussion on Tuesday. I
advised Terry that this may or may not be an acceptable date depending on what else is on that Council
agenda, and I would get back to him. (MPG)
• Steve Grittman, Tom Kellogg and I met with Met Council staff on Wednesday. They were quite pleased with
the direction we are headed. More details at Tuesday's wark session. (MPG)
• Attached is the draft agenda far the Tuesday, March 9`h wark session. A wark session packet will be available
at Monday's Council meeting.
• The attached letters from the Steinhafels,Nanns and Bryants regarding the Emily Program application were
received after the packets were sent out far delivery today. The letters will be added to this item on the
website and copies will be available at Monday's meeting.
The City of Orono complies with the Minnesota Data Practices and Open Meeting Law. The recipients of this electronic file
are asked not to "Forward"or "Reply to All"concerning information contained in this email.
Orono City Council
Committee of the Whole
February 23, 2010, 6:30 p.m.
Orono City Council Chambers
Present: Mayor Jim White, Council Members Cynthia Bremer, Doug Franchot, Lili McMillan and Jim Murphy;
Assistant City Administrator for Long-Term Strategy Mike Gaffron, Finance Director Ron Olson,
Planning & Zoning Coordinator Melanie Curtis, Public Works Supervisor Scott Oberaigner, City Engineer
Tom Kellogg and City Clerk Lin Vee
1. Orono Engineering Costs for 2009
• The annual review of engineering services provided by Bonestroo was completed earlier this year with
City staff.
• Tom Kellogg reviewed the expenditures from 2009 which fall into three main categories.
o General Engineering- 18%of total costs are related to streets, watermains, sanitary sewer, storm
sewers, planning and public works
o Private -7%of total expenditures are related to pass-through and reimbursable costs
o City Infrastructure Projects- 62%of costs were directly related to the Casco Point Reconstruction
project with another 15%of costs related to projects such as Myrtlewood Utilities, Stonebay Wetland
Corrections, etc.
• The 2010 estimated expenditures are less than the previous five years.
2. Update on Long Lake Sewer System
• Kellogg reviewed the north Orono sewer district.
• Flow to the meter station located behind the golf dome is based on water records that indicate the flow
contribution is 74%from Orono and 26%from Long Lake.
• Per Met Council definition, 90% of flow from a neighboring city would allow Met Council to take over the
interceptor.
• When all potential areas of development that would serve the northern Orono sewer district are included
with the flow contribution calculation,flow percentages would be 94.3%for Orono and 5.7%for Long
Lake.
• According to the policy statement at Met Council, reinstalling the lift station at Brown Road would be a
strong argument for Met Council to take over the sewer line. The city will need to determine Met
Council's position.
3. Comp Plan Discussion
• Grittman reviewed the proposed changes to the 2030 Future Land Use Map and how to accomplish unit
counts to support adequate densities.
• In addition to the Dumas/James/Eisinger site, 103 units would be needed in mixed use areas developed at
6 units per acre requiring a minimum of 17 acres. A map identifying potential properties totaling 29.3
acres for mixed use in the Navarre area was discussed. These properties are currently occupied primarily
by commercial uses.
• Council was in favor of reducing the number of properties identified for mixed uses to approximately 20
acres, but agreed with Grittman that further discussion with Met Council about the mixed use area was
appropriate prior to submittal of the final plan.
• McMillan asked if parking is an issue for the Navarre mixed use areas. Grittman commented that Met
Council won't be reviewing the Comp Plan update for parking; zoning will have the review authority.
• Murphy inquired if Met Council includes an incremental progress review toward reaching density
requirements through the 20-year period. Grittman responded that Met Council asked for a staging plan
for every 5 years and the real lookback will occur the next time a Comp Plan update is required.
Page 1 of 3
Orono City Council
Committee of the Whole
February 23, 2010,6:30 p.m.
Orono City Council Chambers
• Gaffron stated the city participates in the plat monitoring program and submits an annual report of
approved plats and density. If the city is only finishing out development of rural areas, Met Council may
respond with "you're not doing what you should be".
• Grittman commented that Minnetrista has been reprimanded for denying development that would have
met some density requirements, but Minnetrista had other reasons for denial.
• Grittman considers approving projects that don't meet the Comp Plan to be a bigger problem than
denying projects because they don't meet zoning standards.
• Bremer noted that since the city doesn't own property designated for mixed use there will be a number of
variables as to how it will be developed.
• While the city doesn't have any developers pushing for high density development, the city must guide
areas for higher density. When the Comp Plan is presented to the public, the Shadywood Road residents
may object to high density all along Shadywood. Most of the proposed areas for higher density can be
justified; the Snyder's site may be questionable.
• McMillan stated it is important to explain to the public the density requirements that Met Council is
placing on the city.
• Bremer noted a mixed use classification will be new for residents as currently the city doesn't have any
mixed use designations.
• Sewer would need to be extended to the Eisinger property in the Hwy 12 area (Dumas/James/Eisinger
site), which is a logical area for higher density development. Other areas along Highway 12 that might be
acceptable for mixed use have not been identified.
• Council is in favor of the areas proposed for higher density development along Highway 12. Council
questioned if these areas were developed at higher density if the Met Council would be more amenable
to development in the 3-5 acre areas. This will be discussed at the meeting with Met Council.
• Gaffron stated that the work Grittman has completed to-date is approaching the approved $10,000
consulting fee. Council authorized additional hours for Grittman to continue work on the Comp Plan.
• Terry Schneider, representative of the Klinglehutz site next to the Baywinds Church, commented that he is
working on a plan for a memory care facility but can't make an application for the second phase until the
Comp Plan update is complete. He would like the project to count towards higher density.
• Gaffron stated a meeting is scheduled with Met Council for next week. The plan is to schedule a public
hearing in mid to late March.
4. Golf Event 7/5/10
• Olson explained that the Golf Course Manager received a request to rent the golf course for the 2010
Patch Adams Golf Cart"Drive for Life" fundraiser on the afternoon of July 5th. The golf course would be
open to the public in the morning, which is normally the busiest period of the day, and closed to the
public for the afternoon. He anticipates collecting a rental fee of$1465.
• Council was in favor of approving the request, conditioned upon confirmation of the $1500 rental fee.
5. Police Matters
• Labor Negotiations—Council discussed the mediation meeting held on February 11 and the response to
be provided to the mediator.
• Police Service Contract—Council reviewed and approved a response letter to be sent to Long Lake.
6. Website Update
• Council approved the request to include social media sites such as Facebook,Twitter and Flickr as staff
continues to develop the new website.
• McMillan encouraged staff to continue to use the IT Committee as a resource to share ideas and review IT
issues.
Page 2 of 3
Orono City Council
Committee of the Whole
February 23, 2010, 6:30 p.m.
Orono City Council Chambers
7. Update on MCWD Rulemaking Process
• Gaffron distributed a letter from James Calkins, MCWD, in response to communication they received
regarding the proposed revisions to MCWD Rules D, F and N.
• The Lake area mayors have a meeting scheduled on February 24th with MCWD representatives to discuss
the proposed rule changes.
• The Lake area cities are waiting to receive a strike-out/redlined version of the rule changes.
8. Comments Regarding Information Updates
• Council discussed the letter received from Jim Grube requesting a joint meeting with the Orono and Long
Lake City Councils regarding the process for the Highway 12 turnback. Gaffron will work on coordinating a
meeting.
9. Miscellaneous
• Curtis reported that the process required to amend the city code to allow the city to issue an interim use
permit was discussed with the City Attorney. In a situation where a zoning application has already been
received,the process would be as follows:
o current zoning application would be withdrawn by the applicant;
o Planning Commission would review a code amendment at their next meeting (March);
o Council would review and adopt the code amendment;
o to be followed by a new application for an interim use permit that would be reviewed at the next
Planning Commission meeting (April).
Page 3 of 3