HomeMy WebLinkAbout06-14-2010 Council Packet Agenda for Council Meeting Set for Monday, June 14, 2010, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us
Roll Call
Pledge of Allegiance
Consent Agenda
1. Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted
upon by one motion by the City Council under this section of the agenda. Items on the Consent
Agenda are reviewed in total by the City Council and may be approved through one motion with no
further discussion by the Council. Any item may be removed by any Council Member, staff member
or person from the public for separate consideration. If you wish to remove any item from the
Consent Agenda, please state the item number and description of the item. Memos regarding each of
the Agenda items are available in the Public Packet - located in the lobby near the sign in sheet.
Approval of Minutes
* 2. Regular Council Meeting of May 24, 2010
* 3. Council Work Session of May 25, 2010
Presentation
4. Infraseek Software Demonstration – Bonestroo
Planning Commission Comments – Denise Leskinen, Representative
Public Comments – (Limit 5 Minutes Per Person)
Planning Department Report
5. #10-3459 Barbara A. Halper, 3200 North Shore Drive – Variances – Resolution
6. #10-3454 City of Orono – Amend Code Section 78-916 – Ordinance Adoption
Mayor/Council Report
City Engineer’s Report
7. Approve Rehabilitation of Grinder Station #31 North Arm Drive
City Administrator's Report
8. Disposal of Police Department Squad Car
9. Request Authorization to Implement Safe & Sober Program – Resolution
10. Authorization for Disposal of Weapon
11. Appoint Election Judges – Resolution
12. Appoint Absentee Ballot Board - Resolution
13. 2009 General Fund Budget Adjustment
14. 2009 Special Revenue Fund Budget Adjustment
15. CommonBond Letter
City Attorney's Report
16. Executive Session – Labor Negotiations
Removed
Added
Agenda for Council Meeting Set for Monday, June 14, 2010, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us
17. Licenses & Permits
Garbage Hauler
Liquor License – Temporary / One Day On-Sale
Transient Merchant
* 18. Bills
Upcoming Issues and Events
2010
06/14 – Council Meeting, Monday, 7:00 p.m.
06/15 – Council Work Session, Tuesday, 6:30 p.m.
06/21 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Mayor White)
06/28 – Council Meeting, Monday, 7:00 p.m.
06/29 – Council Work Session, Tuesday, 6:30 p.m.
07/05 – HOLIDAY, Monday, Observance of Independence Day
07/12 – Council Meeting, Monday, 7:00 p.m.
07/13 – Council Work Session, Tuesday, 6:30 p.m.
07/20 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Doug Franchot)
07/26 – Council Meeting, Monday, 7:00 p.m.
07/27 – Council Work Session, Tuesday, 6:30 p.m.
07/28 – Fire Advisory Board, Wednesday, 8:00 a.m., Fire Station 2
MINUTES OF THE
ORONO CITY COUNCIL
Monday, May 24, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 1 of 11
ROLL CALL
The Orono City Council met on the above mentioned date with the following members present: Mayor
James White, Council Members Jim Murphy, Lili McMillan, Cynthia Bremer, and Doug Franchot.
Representing Staff were City Administrator Jessica Loftus, City Clerk Lin Vee, Assistant City
Administrator of Long-Term Strategic Planning Mike Gaffron, Planning and Zoning Coordinator Melanie
Curtis, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young.
Mayor James White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 7 -12 and 14 were added to the Consent Agenda.
Murphy moved, Franchot seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF MAY 10, 2010
Murphy moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of
May 10, 2010, as submitted. VOTE: Ayes 5, Nays 0.
*3. COUNCIL WORK SESSION OF MAY 11, 2010
Murphy moved, Franchot seconded, to approve the minutes of the Orono Work Session of May 11,
2010, as submitted. VOTE: Ayes 5, Nays 0.
PLANNING COMMISSION COMMENTS – LOREN SCHOENZEIT, REPRESENTATIVE
Schoenzeit stated he had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
PLANNING DEPARTMENT REPORT
4. #10-3458 JUDSON DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH –
PRELIMINARY PLAT – RESOLUTION NO. 5935
This item follows Item No. 13.
Item #02 - CC Agenda - 06/14/2010
Approval of Council Minutes 05/24/2010
[Page 1 of 11]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, May 24, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 11
5. #10-3461 SEIDOU SALON SPA – CODE AMENDMENT
McMillan suggested licensing massage centers but not necessarily individual therapists. McMillan asked
if licensing individual therapists would be required throughout the City by approving this application.
McMillan indicated she would like to avoid over-regulation and that perhaps the City could simply check
the background of the therapists.
Mattick stated a number of cities license individual therapists so the City can address that particular
person if a problem arises. Otherwise the business’s entire license would be at stake if the license is
issued to the business and not to the individual. Mattick indicated it could also be a law enforcement
issue if the license is issued to the business.
Murphy asked in that type of arrangement, if the City would learn that an individual therapist is going
beyond the scope of the business, how that would be tied back to the business.
Mattick stated it would be similar to taverns serving minors. A fine or a penalty of some type could be
imposed.
Murphy pointed out that in the instance of taverns, there is state oversight.
Mattick indicated the state has given the cities the ability to license and set regulations under police
powers.
Schoenzeit stated another aspect of the discussion at the Planning Commission meeting dealt with those
performing the services had to be licensed even if they were not regular full-time employees.
Bremer noted the state does not have a license for massage centers.
McMillan moved, Murphy seconded, to direct Staff to draft an ordinance adding therapeutic
massage as a permitted use in the B-1, B-3, and B-5 zoning districts, and an ordinance for the
licensing of businesses but not certification of therapists following the Plymouth model. VOTE:
Ayes 5, Nays 0.
*6. #10-3463 KEVIN AND MANDY SCULTZ, 3980 CHERRY AVENUE – VARIANCE –
RESOLUTION NO. 5936
Murphy moved, Franchot seconded, to adopt RESOLUTION NO. 5936, a Resolution Granting a
Variance to Municipal Zoning Code Section 78-330, for the property located at 3980 Cherry
Avenue. VOTE: Ayes 5, Nays 0.
*7. #10-3466 ANDREA ODENWALD, 3384 SHORELINE DRIVE – CONDITIONAL USE
PERMIT – RESOLUTION NO. 5937
Murphy moved, Franchot seconded, to adopt RESOLUTION NO. 5937 a Resolution Granting a
Conditional Use Permit for a Sports and Health Club per Section 78-644, for the property located
at 3384 Shoreline Drive. VOTE: Ayes 5, Nays 0.
Item #02 - CC Agenda - 06/14/2010
Approval of Council Minutes 05/24/2010
[Page 2 of 11]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, May 24, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 11
*8. APPROVE REHABILITATION OF LIFT STATION #25 AT 802 NORTH ARM DRIVE
Murphy moved, Franchot seconded, to accept the quotation in the amount of $23,300.00 from
Quality Flow Systems, Inc., of New Prague, Minnesota, and to accept the quotation in the amount
of $1,800.00 from Electric Resource Contractors of Minneapolis, Minnesota, for upgrade to Lift
Station 25 (802 North Arm Drive). VOTE: Ayes 5, Nays 0.
CITY ADMINISTRATOR’S REPORT
*9. ACCEPT DONATION FROM NORTH TONKA CRIME PREVENTION COALITION
Murphy moved, Franchot seconded, to accept $8,167.21 from the North Tonka Crime Prevention
Coalition. The donation is to be used for crime prevention purposes. VOTE: Ayes 5, Nays 0.
*10. SAFE ASSURE COOPERATIVE SAFETY TRAINING CONTRACT RENEWAL
Murphy moved, Franchot seconded, to approve the proposal from Safe Assure Consultants, Inc.,
for conducting safety training and preparation of the related written programs and documentation
at an annual cost of $3,775.00. VOTE: Ayes 5, Nays 0.
*11. WAYZATA FIRE PROTECTION CONTRACT
Murphy moved, Franchot seconded, to approve the Wayzata Fire Service Contract with the City of
Wayzata and approve payment for fire protection services. VOTE: Ayes 5, Nays 0.
*12. ELECTION ASSISTANCE FOR INDIVIDUALS (EAID) GRANT
Murphy moved, Franchot seconded, to approve the State of Minnesota Disability Grant Contract
and to authorize the Mayor and City Administrator to sign the contract. VOTE: Ayes 5, Nays 0.
Murphy moved, Franchot seconded, to accept the quote from Roy C. Inc., in the amount of
$8,310.00 and the quote from Allstar Electric in the amount of $1,528.00 for the installation and
wiring of automatic doors to the Council Chambers and City Hall entrances, to be funded from the
PIR fund, with reimbursement to the PIR fund when grant monies are received; and minor
incidental expenses to be funded from the Building and Equipment Outlay Fund. VOTE: Ayes 5,
Nays 0.
13. REVIEW PRELIMINARY DAKOTA TRAIL PARKING OPTIONS
Gaffron noted Three Rivers Park District has been working with Orono and Spring Park staff to identify
and evaluate possible parking areas for users of the Dakota Regional Trail. In October of 2009, the City
Council directed Staff to have a Three Rivers Park representative attend the council meeting. At that
meeting there was a considerable amount of discussion from the public regarding parking along the trail.
The City Council requested that the Three Rivers Park District formally address the parking situation.
On November 25, 2009, Corey Farniok and Gaffron met with Boe Carlson and Alex Meyer of Three
Rivers and reviewed the segments of trail in Orono and discussed issues with each of those areas. The
City put together a letter of request to the Three Rivers Park District to get their assistance. In January of
Item #02 - CC Agenda - 06/14/2010
Approval of Council Minutes 05/24/2010
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MINUTES OF THE
ORONO CITY COUNCIL
Monday, May 24, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 4 of 11
(13. REVIEW PRELIMINARY DAKOTA TRAIL PARKING OPTIONS, Continued)
2010, the letter was sent. On February 18, 2010, staff again met with Carlson and Meyer. The conclusion
of the meeting was that there are no viable parking sites in the Orono Orchard Road area.
Since that time Three Rivers has expanded their parking study to include a number of areas in Orono
where there were identified areas of issues. Gaffron stated possible sites included the Crystal Bay
neighborhood along both sides of Brown Road or the west side of Railroad Avenue and the area adjacent
to the post office where the basketball court is located. Areas in Navarre were also considered and the
conclusion was that there are no good access points in the Bayview area. The triangular area owned by
MCEES on Shadywood is also not a long-term solution. Gaffron pointed out that part of the issue is that
the Park District only controls 16 feet of the corridor and that any parking directly adjacent to the trail
could become an issue. In addition, they took a look at the city parking lot in Navarre and two sites on
Northern Avenue in Spring Park. Also in Spring Park was a location across Warren Avenue from their
City offices. The Hennepin County truck station was also considered.
Based on that early discussion, the City received a letter in March. On April 9, the City received a draft
of an expanded parking study from Boe Carlson. On May 12th, Staff met with Three Rivers, reviewed the
suggestions outlined in the parking study, and suggested that they be brought before the City Council
before Three Rivers proceeds further on this matter. Gaffron stated it is clear that some of the suggestions
that have been made would have negative impacts on neighborhoods.
Gaffron displayed a map of the area of the intersection of County Road 51 and Brown Road. For a
variety of reasons, Three Rivers has suggested Railroad Avenue as a parallel parking location. Staff had
suggested the area north of the post office but Three Rivers had indicated they would prefer not to have
the parking across a county road from the trail. There is parking that is occurring presently along Brown
Road. The shoulder is not paved or striped and can only accommodate approximately six cars. Three
Rivers is suggesting parallel parking for approximately eight to 12 cars along Railroad Avenue but they
have not designed any pavement for that area. Gaffron stated Three Rivers might install some sort of
surmountable curb and post signage. That area is directly across from five houses and has the potential
to negatively impact those homes.
The Navarre city-owned parking lot is located a ways from the trail. There are not sidewalks all the way
to the trail, but Three Rivers would direct people to the west and/or north from the parking lot to the trail.
Three Rivers has suggested that the closest spots to the trail are defined for the park-n-ride, but there are
some questions in Staff’s mind as to whether they are the right spots for parking. Parking in this area
would have some negative impacts on the neighborhood.
White commented that the owner of the hardware store feels that there is insufficient parking already.
White pointed out that a number of people also park in that area for the bus.
Bremer asked what the square footage of the parking lot is and how many parking stalls would fit in there.
Gaffron indicated he does not have the number of total stalls but pointed out there are a number of stalls
that are not owned by the City. The City owns approximately 80 to 100 parking spaces.
Gaffron stated there is a significant grade change from the parking lot at the Hennepin County truck
station to the trail. One of the goals of Three Rivers is that they are looking for parking that is at roughly
Item #02 - CC Agenda - 06/14/2010
Approval of Council Minutes 05/24/2010
[Page 4 of 11]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, May 24, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 5 of 11
(13. REVIEW PRELIMINARY DAKOTA TRAIL PARKING OPTIONS, Continued)
the same elevation as the trail. Another possible area is 400 to 500 feet along Northern Avenue almost
directly north of the townhouses on Livingston, but there is a ditch between the trail and the parking.
McMillan asked if the ditch is an issue for parking or for access to the trail.
Gaffron indicated it is related to accessing the trail. Gaffron requested the City Council provide direction
on how Staff should proceed on this issue and whether there should be a public hearing concerning the
Railroad Avenue parking and the use of the Navarre municipal lot as suggested by the Three Rivers
parking study.
White suggested entering into a short-term lease for the Snyder parking lot for the summer since the store
is empty. White stated in his view there should be a public hearing since it will impact various
neighborhoods.
Bremer noted the majority of the spots are located in Orono and that it would be preferable to have
parking in both Spring Park and Orono.
Murphy suggested asking Three Rivers to review the parking spots again and that in his view there should
be a public hearing on this matter. At the present time people are informally parking across from the Post
Office and that is along a county road. Murphy commented he is not sure what Three Rivers’ rationale is
for selecting Railroad Avenue. Murphy stated he would like them to address what they are doing for
parking in other cities but that they need to address the parking issues in the very near future given the
fact that summer is almost here.
McMillan stated in her opinion the trail heads and parking should be where the commercial areas are in
Wayzata, Navarre, Mound, and St. Boni because they offer amenities such as food and restroom facilities.
Three Rivers should identify how many spaces can be allocated for the trail in the city-owned parking lot.
McMillan stated she desires informal parking areas for the citizens of Orono to access the trail. This
same issue also occurs with the Luce Line.
McMillan stated she is not in favor of Railroad Avenue or removing the basketball court. McMillan
suggested Three Rivers look at the Navarre area a little closer since there are different ways to access the
trail from the Navarre area. McMillan stated providing parking in that area would also help the
businesses in Navarre. McMillan suggested the Council direct Staff to take a look at the difficulty and
costs of finishing the sidewalk along the west side of County Road 19 to provide a direct connection to
the businesses.
Michael LeQuay, P.O. Box 94, Crystal Bay, stated he is here tonight representing four people, including
Mr. Lasher, his mother, and his young minor daughter. Due to the shortness of the notice for tonight’s
meeting, Mr. LeQuay indicated he was only able to speak with Mr. Lasher for a few minutes, but that Mr.
Lasher and his mother asked him to tell the council that they are opposed to parking in the area around the
Crystal Bay post office.
LeQuay stated he would like to clarify that the residents in his mother’s neighborhood are not the ones
who requested parking but that the request came from the residents of Bayview Place (in Navarre). The
City’s Comprehensive Plan has guided the area as rural. In 1965, Brown Road was a single country dirt
lane as well as Willow Road. Based upon a check of the recreational parking in the area, the State, along
Item #02 - CC Agenda - 06/14/2010
Approval of Council Minutes 05/24/2010
[Page 5 of 11]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, May 24, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 6 of 11
(13. REVIEW PRELIMINARY DAKOTA TRAIL PARKING OPTIONS, Continued)
with the County, have imposed a burden since 1965 of 178 recreational parking spots on the City. The
Cities of Minnetonka Beach, Corcoran, and Greenfield have provided zero recreational parking spots.
LeQuay indicated the traffic from these recreational parking spots is also an issue in this area. There is a
higher incidence of drunk driving due to the drinking on the lake and the wedding parties at Noerenberg.
In addition, there is the runoff that is caused by the impermeable surfaces and the extra police and
infrastructure that the city has to support due to the recreational parking.
LeQuay stated another issue relates to the right-of-way, which is not 40 feet. The right-of-way actually
turns out to be 38 feet regardless of what the original plat says. LeQuay requested the City provide him
with documentation for how the 40 feet is arrived at.
LeQuay stated he also feels that some of the comments from the County are disingenuous because they
have to obtain the footage in the middle from the Hennepin County Railroad Authority. The area in the
middle was specifically left out due to a couple of issues. The original plat shows 507 feet and their
number is 400 feet. LeQuay commented there is not parking available on both sides of Railroad Avenue.
LeQuay pointed out on the overhead where the railroad station was located. If the parking is located in
that area, there will not be a historic reconstruction of the Crystal Bay railroad station. It will also have a
high environmental impact due to the drainage. There has been no soil analysis and no NPED analysis
completed. In addition, Three Rivers’ recreational maps would show parking in this location, which
would attract people to that area and it would create an even more dangerous situation given the number
of people that utilize the trail. The speed limit on North Shore Drive from the lake up to the first 40 mile
speed limit sign is 50 miles an hour. The bicyclists do not stop. In the morning there are cars doing
slides turning into Railroad Avenue to bypass the cars waiting to turn left at Shoreline Drive. This area is
extremely dangerous and the trail creates a huge parking and traffic problem.
Gaffron recommended that Boe Carlson and Alex Meyer attend the next forum to make a presentation of
their study. Staff would like to know whether the City Council would like to have the public hearing at
the Planning or City Council level. Council needs to define a process for how this matter should be
reviewed since it is not a normal zoning application. Gaffron suggested the Three Rivers representatives
be informed that until that process is completed, they should not go to the Three Rivers Board seeking
authority to proceed further with the Orono sites.
Murphy suggested there be a public hearing as long as the Three District representatives are in attendance
and hear the issues from the residents.
White recommended the public hearing be done at the Planning Commission.
McMillan stated she would like to take a look at the parking for the entire trail. Since the Dakota Trail is
fairly new and very popular, the City should take a step back and talk about overall parking for the entire
trail and what the goals are.
Bremer commented the City Council can only control what happens in their city. Bremer expressed a
concern that the same things will be discussed as last time.
Item #02 - CC Agenda - 06/14/2010
Approval of Council Minutes 05/24/2010
[Page 6 of 11]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, May 24, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 7 of 11
(13. REVIEW PRELIMINARY DAKOTA TRAIL PARKING OPTIONS, Continued)
Gaffron stated the Three Rivers representatives can inform the Council on what they have done in other
cities for parking. Gaffron asked if they would like a public information meeting that includes both the
Planning Commission and the City Council at the same time or at a separate time.
Jessica indicated she does not have an issue with it being part of a regular City Council meeting.
White noted that Three Rivers has not made much progress on this issue over the winter and that more
information is needed.
Gaffron stated Staff and Three Rivers have analyzed a variety of sites and the issues associated with each
site.
Bremer stated the question becomes what the City wants, regardless of what Three Rivers is suggesting.
The City needs to be able to refer people to certain locations for parking. In her view not many of the
proposed spots are good parking options. Bremer stated she would like additional information regarding
the city parking lot lot and how many cars it can accommodate. The local businesses may be upset to lose
more parking and that issue needs to be explored further.
White stated the reality is that people will park where they want to park and that the City should look at
areas to designate as no parking.
McMillan concurred that areas should be identified as no parking. McMillan indicated she has observed
people using the Crystal Bay Post Office parking lot on the weekends and that there is a port-a-potty
available there.
Franchot requested Staff provide the City Council with a list of locations that they felt were more ideal.
Gaffron indicated Staff will gather the requested information and provide it to Council as well as inform
the Three Rivers representatives that they would like to hold a public information meeting.
Murphy asked if anything substantive will be accomplished by having the Three Rivers representatives
attend the public meeting.
Gaffron stated Three Rivers is willing to take it a step at a time and look at all the issues.
Franchot noted this process was started by the City asking them to address this issue.
Murphy recommended notice of the information meeting be put in all the local newspapers. Murphy
noted that every intersection is a dangerous situation given the number of vehicles and bicyclists.
Gaffron state the police department has installed no parking signs in the Bayview Place area.
McMillan stated it would also be helpful for the police to provide some input on what they observe over
the next few weeks and months and what issues they have encountered. Issues will only increase as the
trail becomes more popular. McMillan reiterated that there should be parking available in the business
districts and that that should be the emphasis for people who are coming into the area to utilize the trail.
Item #02 - CC Agenda - 06/14/2010
Approval of Council Minutes 05/24/2010
[Page 7 of 11]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, May 24, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 8 of 11
(13. REVIEW PRELIMINARY DAKOTA TRAIL PARKING OPTIONS, Continued)
The City Council took no formal action on this item.
4. #10-3458 JUDSON DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH –
PRELIMINARY PLAT – RESOLUTION NO. 5935
Judson Dayton, Applicant; Dave Gronberg, Surveyor; John Adams, Coldwell Banker; and John Winston,
Attorney-at-Law, were present.
Curtis stated this application contemplates preliminary plat approval to rearrange the properties from the
current 3-lots into a new 3-lot configuration. No additional buildings sites will be created. The applicant
has reconfigured the plan slightly and is now proposing the following:
1. Lot 1 is proposed to contain 4.57 acres total; 4.4 acres dry, buildable.
2. Lot 2 is proposed to contain 14.58 acres total; 12.76 acres dry, buildable.
3. Lot 3 is proposed to contain 5.56 acres total; 5.35 acres dry, buildable.
4. Two outlots are proposed for access to Old Crystal Bay Road South.
Lots 1 and 3 are proposed as back lots and meet 150 percent of the necessary zoning district requirements
as is the back lot standard. The applicant is not requesting a staff waiver of the average lakeshore setback
requirement at this time but they will be back before the Planning Commission in June asking for a
variance to the average lakeshore setback.
The City Council should discuss the Conservation Master Plan. The applicant feels a Conservation
Master Plan for the entire property is unnecessary at this time. Staff did meet with the applicant’s
representatives this afternoon. Staff would suggest that a reasonable compromise be that the
Conservation Master Plan be conducted for Lot 1 and Lot 3 and that they conduct the study on Lot 2 at
some point in the future should it become necessary.
The Planning Commission in April recommended approval of this application on a 5-0 vote.
Staff recommends approval of the preliminary plat per the resolution attached to the staff memo.
Winston stated they are requesting approval of a three-lot subdivision rather than the previously approved
four lot subdivision. Prior to the Planning Commission meeting, they were not aware of the need to get
consent from adjoining property owners on this project, which can be problematic since it gives the
adjoining property owners veto power over their project. They have discussed that issue with staff and
whether that can be handled differently. They are planning to submit a variance application before the
Planning Commission next month. Many of the issues for discussion with that application have already
been discussed by the Planning Commission.
Winston stated another issue they have is with the environmental design plan requirements. Mr. Dayton
believes in the ordinance and has been a good steward of the land in the past. The property is a beautiful
piece of property and what is visible from the street is not proposed to be changed at all. Lot 2 will not be
touched at all. Winston indicated they have spoken with Staff to see whether the conservation design
requirements can be relaxed somewhat given the limited number of lots that are being proposed and the
fact that virtually no rearrangements of the topography or the environment are being contemplated.
Item #02 - CC Agenda - 06/14/2010
Approval of Council Minutes 05/24/2010
[Page 8 of 11]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, May 24, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 9 of 11
(4. #10-3458 JUDSON DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH, Continued)
Winston indicated Mr. Dayton has provided a list of things that he has done of substance to the property.
There is a tree service that attends to the trees annually and the applicant removes the buckthorn
personally. Winston stated in his view this is a non-intrusive request relating to the Conservation Master
Plan and that they do not feel a design review is necessary on all the lots. There is an initial cost of
$6,200 just to get started, followed by a review by the City’s engineers, which will also add some
expense. As things are fine-tuned, that number will increase and the plan could easily cost between
$6,000 and $10,000, which could be put into the land. Mr. Winston stated in his view this is not the kind
of subdivision that really requires that type of review.
Winston stated they would be willing to bring this application back before the City Council when and if
Lot 2 is built upon.
Adams stated he is with Coldwell Banker/Burnett and has been Mr. Dayton’s realtor for the past 20 years
approximately. This is an incredible piece of property and the Daytons are the third owner of the property
in the last 100 years, having purchased it in 1991. The previous owner of the property sold it to the
Daytons because he felt that the Daytons would be the best stewards of the property.
Adams stated Mr. Dayton has decided to sell a portion of this property and that his job is to inform his
client of the ways to potentially maximize the dollars for this piece of land. There is approximately 1250
feet of lakeshore. The site plan originally submitted approximately five years ago had six lake lots and
four back lots. Adams indicated the applicant is very anti-development and that the reason for the lot line
rearrangement is to create bigger sites. The lot line rearrangement creates additional options for Mr.
Dayton should the property ever be sold or developed. Lot 1 as proposed will enable them to preserve the
wetlands and as many trees as possible, which will not allow construction in that area. Mr. Dayton is
requesting a 75-foot setback on Lots 1 and 2. Lot 1 will require approximately 200 dump truck loads of
fill to construct a house at that point and that they are submitting a variance application for that. Mr.
Dayton does not want to disturb the natural environment because it would require the elimination of a
number of trees and drainage issues. The setback will not negatively impact the adjoining property
owners.
Dayton stated when they were here approximately three or four years ago, they did discuss the setback for
Lot 1 and they were close to approval of that when the properties were taken off of the market.
White commented that Mr. Dayton has demonstrated that he is a good steward of the land but that the
City Council needs to discuss the conservation design aspect of the application.
Murphy asked what triggers the conservation design and whether it is really necessary at this stage of the
development.
Gaffron stated the applicability of the conservation design ordinance is contained in the second portion of
the ordinance and applies to proposed subdivisions greater than five acres in total area or guided for urban
density greater than two acres. Technically this is a residential subdivision since it is greater than five
acres in total area. Gaffron stated some consideration should be given to the fact that it will only be three
lots.
Gaffron suggested that perhaps the City Council could consider something similar to what was done with
Little Orchard. The developer of that parcel provided a conservation easement along the 75-foot area of
Item #02 - CC Agenda - 06/14/2010
Approval of Council Minutes 05/24/2010
[Page 9 of 11]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, May 24, 2010
7:00 o’clock p.m.
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Page 10 of 11
4. #10-3458 JUDSON DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH –
PRELIMINARY PLAT – RESOLUTION NO. 5935
the shoreline. Gaffron stated in his view that has worked very well to prevent anyone from making
drastic changes and removing vegetation in that area. Staff does not have a problem with looking at this
as being somewhat exempt from the conservation design requirements. In a normal case with a parcel of
this size, you would typically be looking at a parcel where new roads, storm water ponding and other
infrastructure would need to be created. In this situation there are existing roads and some unchanged
wetlands, with the applicant agreeable to providing easements and buffers. The applicant is proposing
one new house site to the northwest of the existing house.
Murphy commented he is reluctant to not require the conservation design and asked whether in the future
the City would have an opportunity to review this at the time any new home is constructed on any of the
three lots and require the conservation design at that time.
Curtis indicated that would not be the case. The City does not have a tree preservation ordinance and that
the subdivision or redevelopment of the property is the trigger for the conservation design.
White pointed out this is a lot rearrangement and not a subdivision.
Mattick stated they would be required to replat.
Murphy commented in his view it does not meet the threshold for a subdivision. Murphy stated the City
considers the average lakeshore setback very important and that the applicant should take that into
consideration when going forward.
Murphy moved, Franchot seconded, to adopt RESOLUTION NO.5935, a Resolution Approving the
Preliminary Plat for properties located at 825 Old Crystal Bay Road South, which includes the
following PIDS: 09-117-23-21-0001, 09-117-23-21-0004, and 09-117-23-21-0005, with the sections
referencing the Conservation Design as outlined in Item 6 and Item 5B being eliminated, with the
finding that this does not meet the City’s standard defined subdivision criteria and is a lot line
rearrangement. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Franchot noted the Lake Minnetonka Communications Commission has invited everyone to a Saturday
morning information session to be held at West High School on June 5th.
McMillan noted she toured Big Island with Jim Murphy and Jessica Loftus. McMillan indicated she
would like to look at some of the plantings on the Island and will be making another trip out there.
McMillan stated she would report back to the City Administrator on her findings.
CITY ENGINEER’S REPORT
Kellogg stated last week Thursday he and Jessica drove down to Eagan and met with Scott Denz with the
Metropolitan Council, who is the manager of interceptor infrastructure. Kellogg stated they spoke with
Mr. Denz regarding Orono Orchard Road and whether they are interested in being a part of that project.
Item #02 - CC Agenda - 06/14/2010
Approval of Council Minutes 05/24/2010
[Page 10 of 11]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, May 24, 2010
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 11 of 11
(CITY ENGINEER’S REPORT, Continued)
The Metropolitan Council will provide the City with any issues they may have with the project and that
Mr. Denz will be drafting up an agreement. Kellogg noted the Metropolitan Council’s CUP does not call
for any upgrades to that system until 2020, but that they are expecting to experience capacity issues in the
upcoming years, which may mean that they would be interested in participating in the project. Kellogg
stated they hope to have an agreement worked out by October of this year.
CITY ATTORNEY’S REPORT
Mattick noted they have received a purchase agreement from CommonBond for the property and that they
will be discussing it at the City Council work session scheduled for Tuesday.
ADJOURNMENT
Murphy moved, McMillan seconded, to adjourn the Orono City Council meeting at 8:28 p.m.
VOTE: Ayes 5, Nays 0.
ATTEST:
_______________________________________ _______________________________________
Linda S. Vee, City Clerk James M. White, Mayor
Item #02 - CC Agenda - 06/14/2010
Approval of Council Minutes 05/24/2010
[Page 11 of 11]
City of Orono
City Council Work Session
May 25, 2010, 6:30 p.m.
Orono City Council Chambers
Page 1 of 1
Present: Mayor Jim White, Council Members Cynthia Bremer, Doug Franchot, Lili McMillan and Jim Murphy;
City Administrator Jessica Loftus, Assistant City Administrator for Long‐Term Strategy Mike Gaffron,
Police Chief Correy Farniok, Finance Director Ron Olson, Planning and Zoning Coordinator Melanie
Curtis and City Clerk Lin Vee
1. Request for Proposal for Law Enforcement Services
Chief Farniok received a letter dated May 19, 2010 from the City of Long Lake that included a Request for
Proposal for Policing Services. Chief Farniok outlined the history of the current police service contract with
Long Lake dating back to 1966. Council discussed Orono’s response to the RFP for Policing Services which is to
be submitted by June 18, 2010.
2. CommonBond Discussion
Administrator Loftus reviewed the status of the CommonBond zoning application. She noted a meeting with
representatives of Long Lake and Orono is scheduled to discuss water capacity related to the project site.
Council discussed issues that have been identified related to the CommonBond application, including site
restrictions, concerns raised by the Fire Chief, and water capacity. Availability of water to the project site will
determine how CommonBond moves forward with their application.
3. Comments Regarding Information Updates
There were no comments.
4. Other Issues of Current Interest
Staff is reviewing State and City ordinances regarding location of a fuel tank on a residential lakeshore
property.
The work session adjourned at 7:58 p.m.
ATTEST:
________________________________________ _______________________________________
Linda S. Vee, City Clerk James M. White, Mayor
Item #03 - CC Agenda - 06/14/2010
Approval of Work Session Minutes 05/25/2010
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Infraseek Software Demonstration - Bonestroo
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Item #7 - CC Agenda - 06/14/2010
Approve Rehabilitation of Grinder Station #31 North Arm Dr
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Disposal of Police Department Squad Car [Page 1 of 1]
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Request Authorization to implement Safe & Sober Program
[Page 1 of 2]
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Request Authorization to implement Safe & Sober Program
[Page 2 of 2]
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Authorization for Disposal of Weapon [Page 1 of 2]
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Authorization for Disposal of Weapon [Page 2 of 2]
Item #11 - CC Agenda - 06/14/2010
Appoint Election Judges [Page 1 of 3]
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Appoint Election Judges [Page 2 of 3]
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Appoint Election Judges [Page 3 of 3]
Item #12 - CC Agenda - 06/14/2010
Appoint Absentee Ballot Board [Page 1 of 3]
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Appoint Absentee Ballot Board [Page 3 of 3]
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2009 General Fund Budget Adjustment
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2009 Special Revenue Fund Budget Adjustment
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2009 Special Revenue Fund Budget Adjustment
[Page 2 of 2]
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CommonBond Letter [Page 1 of 2]
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