HomeMy WebLinkAbout11-26-2007 Council Minutes' ,X
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, l overnber 26, 2007
7:00 'clock p.m.
The Orono City Council met on the above -me
James White, Council Members Jim Murphy,
Attorney Soren Mattick; Representing Staff v
Administrator for Long -Term Strategy Mike i
Planner Evelyn Turner, City Engineer Tom K
ned date with the following members present: Mayor
McMillan, Cynthia Bremer, and David Rahn; City
City Administrator Ron Moorse, Assistant City
' on, Planning and Zoning Coordinator Melanie Curtis,
gg, and Recorder Jackie Young.
Mayor White called the meeting to order at 7:00 o'clock p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 4, 7, 9, 10, 11, 13, 14, 15, and 18 were added to the Consent Agenda.
Murphy moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0. 1
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF NOVEMBER 13, 2007
Murphy moved, Rahn seconded, to approve the minutes of the Orono City Council meeting of
November 13, 2007, as submitted. VOTE: Ayes 5, Nays 0.
PLANNING COMMISSION COMMENTS ; DICK KROEGER, REPRESENTATIVE
Kroeger had nothing to report but stated he would be available for questions.
PUBLIC COMMENTS
• None
PAGE 1 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
ZONING ADMINISTRATOR'S REPORT
3. #07 -3310 RYAN COMPANIES US, INC., 2765 WAYZATA BOULEVARD WEST —
ENCROACHMENT AGREEMENT AND FINAL PLAT — RESOLUTION NO. 5693
Genevieve McJilton, Ryan Companies, was present.
Turner stated the applicants are requesting final plat approval and approval of the development
agreement for the Crystal Bay Development Center and the encroachment agreement for the continued
use of the right -of -way of Orono Industrial Boulevard for outdoor storage. The site plan for the
buildings was reviewed approximately one year ago at the time of preliminary plat approval. The
preliminary plat approval has been extended to September 10, 2008.
All the necessary changes have been incorporated into the final plat. The applicant has either satisfied
the other requirements for final plat approval or has agreed to satisfy them before the plat is filed. The
submitted final plans are acceptable to the City Engineer; although the plans for work in the ditch along •
new Highway 12 and alteration of the Kenobe Pond outlet structure may need to be added, depending
on Council direction.
Nearly all the drainage from the development will flow to the ditch along new Highway 12, past the
south end of Morrie's property and into the storm water pond recently constructed by MnDOT just east
of Morrie's property. MnDOT and the MCWD have indicated that, at the point the impervious lot
coverage on either Ryan's property or Morrie's property exceeds 72 percent, improvements need to be
made to the ditch and the outlet structure. The development will reach this 72 percent level with
construction of the last new building.
It is the understanding of Staff that MnDOT is in agreement with the manner in which the ditch work is
to be done. The only issue that Staff has with the proposal is when the ditch work is to be completed.
Staff recommends these improvements be done with construction of the first new building, that the
plans for the work be added to the final plans before the plat is released for filing, and that the MnDOT
permit for the work also be obtained before the plat is released for filing. The applicant's position is
that the drainage improvements should not be required until either Ryan or Morrie's obtains a building •
permit that will increase the impervious lot coverage beyond 72 percent.
PAGE 2 of 32
ORONO CITY
Monday,?
7:00
ES OF THE
OUNCIL MEETING
vember 26, 2007
clock p.m.
( #07 -3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West — Continued)
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The site plan does call for relocating the existing 'access to Wayzata Boulevard to be located further east,
with the possibility of a shared driveway or shared access arrangement. The applicant has applied for
-the permit to do this work because they have determined that it best to start with the renovation of the
existing building. Initially the applicant had proposed to paint the exterior of the building to match the
new building, which was approved by Council, but at the present time they are proposing to reface the
building and complete the parking lot work. Staff f had initially recommended requiring a shared access
with Western Steel but the City Attorney advised the City lacked the authority to do that. MnDOT does
not want to issue the permit for the access and it was Staff's belief that this would not be an issue until
the time the road was turned over to the County. ,At the present time the current access to the site is
available for use but it is possible that the
the time being.
Staff recommends at this point adoption of the rc
authorize the Mayor and City Clerk to sign the E
• changes, and a motion to authorize the Mayor an
the Council would like to see major changes ma(
recommend the item be tabled to December 10''.
White expressed surprise that MnDOT was
Bay Road.
to the existing driveway will need to remain as is for
lion granting final plat approval, a motion to
Agreement as is or subject to minor
City Clerk to sign the encroachment agreement. If
to the Development Agreement, Staff would then
there was not access from this lot to Old Crystal
Turner stated part of the problem may be that the applicant was communicating more with the people
responsible for the right -of -way permit and that
Turner commented that the access may need to i
Murphy stated there were substantial discussior
parties had agreed there would be a shared drivi
along the old Highway 12 corridor that also ha-,
corridor at the present time are caught between,
favor a large number of full turning accesses ini
very doubtful that MnDOT will allow full acce!
may not have been aware of the access issue.
where it is currently located.
regarding access and that it was his understanding all
ray. Murphy stated there are a number of other issues
not been resolved and that the properties along this
County and MnDOT. Hennepin County does not
these properties along Highway 12 and that it is also
Murphy stated he wants all parties to understand the
PAGE 3 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West — Continued)
possible ramifications of proceeding forward with the project without having the access issue clearly
defined.
McJilton stated initially the MnDOT people did deny the permit and said that they would like to see a
shared driveway arrangement. MnDOT has acknowledged that they do not like the location of the
driveway but that in the future the road will belong to the County. The County has indicated they do not
have an issue with the new access point.
Murphy asked how the County has indicated that.
McJilton indicated it is stated in a letter from the County and Staff and MnDOT have been provided
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with a copy of the letter. McJilton stated they are in the process of working with MnDOT and their
neighbors on consolidating access. McJilton indicated they have proceeded forward with some of the
building improvements but are delaying work on improvements to the site until the access issue is •
resolved. Ryan's intent is to relocate the access and they anticipate doing that work next spring.
Murphy recommended that Ryan obtain written documentation from both MnDOT and the County
regarding the access. .
McJilton stated she does have it in writing from MnDOT that they will issue the permit once they have a
shared driveway agreement.
White stated the second issue is the ditch work and the amount of.impervious lot coverage.
Mattick noted Provision 9B on page seven of the Development Agreement does address the timing of
the ditch work.
White asked whether that refers to old Highway 12 or the new Highway 12.
Turner stated in the Development Agreement the words Highway 12 refer to the new Highway 12 and
the words Wayzata Boulevard refer to the current Highway 12. 0
PAGE 4 of 32
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ORONO CITY
Monday, P
7:00
( #07 -3310 Ryan Companies US, Inc., 2765 W
Kellogg stated they have worked with MnDOT
conditions. As a condition of approval, MnDO]
protect the discharge and control the rates, and t
ensure that any runoff that ultimately gets to the
along the new Highway 12 corridor. Kellogg st
going to have to be made should be made up fro
avoid the need for the City to monitor the hardci
White asked how that would impact Morrie's.
OF THE
INCIL MEETING
aber 26, 2007
ck p.m.
to Boulevard West — Continued)
gain additional land for runoff subject to a couple of
s requiring modification of the outlet structure to
y are also requiring that the ditch be armored to help
.tch will stay in the ditch and not impact their work
;d in his opinion the improvements that are ultimately
rather than down the road at some indefinite time to
on the site and then require the work.
Kellogg stated the breakdown of the drainage area is 70 percent this site and 30 percent Morrie's, and
that primarily the Morrie's site drains easterly to the existing ditch and would not to have utilize the
ditch in question. i
• Murphy stated to his recollection at one time there was an issue with water draining off this property
R and crossing Morrie's property in high rain situations and that the City had requested that issue be
addressed. Murphy asked whether that work has been completed.
Turner indicated it is her belief that would be addressed at the time of the construction of the first
building.
McJilton stated that would be completed with the renovation of the first building and should be
completed in the spring.
Murphy asked for clarification on the language concerning whether the work would be completed with
the renovation of the building or construction of I the first building. Murphy stated he would like to see
the work completed with renovation of the first building.
McJilton stated it would be done in conjunction) with the renovation of the building and not construction
of the first new building.
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PAGE 5 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West — Continued)
Murphy indicated he is in agreement with the City Engineer that the anticipated work on the ditch be
completed up front.
White asked where the 72 percent figure comes from.
Moorse indicated it comes from both MnDOT and the Watershed District.
White stated one issue with requiring the work up front is that the applicant's plans could change in the
future and the ditch work might need to be redone.
McJilton stated they are in agreement on everything except for the timing of the ditch improvements.
The existing pond allows for up to 72 percent impervious and their plan calls for 85 percent. They are
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asking that the language in the document be modified to be triggered by the 72 percent. Both the
MCWD and MnDOT have agreed to the 72 percent impervious, and that once that number is reached, •
they would go ahead and complete the work. McJilton commented their plans could change and they
may never reach the 72 percent impervious and that they would prefer not to spend money on
improvements that are not necessary. McJilton stated they do not plan to reach the 72 percent
impervious on the site until the last building is constructed, which could be five years into the future;
and that they would prefer the improvements be development driven.
McMillan asked whether there are any other reasons for delaying the improvements outside of financial.
McJilton stated they would prefer not to have to spend the money on the improvements until they are
necessary. McJilton noted there are a few safeguards already in place that would help to ensure the
improvements are completed at the time they are necessary. McJilton indicated she could provide a
-copy of the agreement with the MCWD to the City for their review and records and that the work could
be included as a condition of the development agreement. At the time the building permit is applied for
on the last building, they could be required to show the amount of impervious surface to the City.
Rahn stated he does not want to get into a situation where the improvements are not completed but that •
he can understand the reasons of the applicant for wanting to delay the work.
PAGE 6 of 32
0
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West — Continued)
McJilton stated a condition could be added that no occupancy certificate be issued until the
improvements are completed and accepted by MnDOT.
Rahn stated he would like to see the improvements done at the time the building permit is issued.
White commented Ryan's requests are reasonable and that in his view the City has enough controls in
place to monitor the situation. White stated in his opinion Ryan Companies is a very reputable company
and will complete the work as required.
Kellogg stated he does not doubt the integrity of the applicant but is recommending the improvements
be completed up front to avoid the possibility th It the work is forgotten or overlooked down the line.
Kellogg stated the approval being requested is fo I r 85 percent hardcover and the applicant is not required
to do any ponding on the site and are able to use offsite ponding, which the City will ultimately be
responsible for maintaining. .
McJilton stated they do recognize the benefit tha
they are requesting to having the required ditch N
issued for the final building. McJilton pointed of
be monitoring the site in addition to the City.
McMillan asked if Morrie's elected to expand
anything with MnDOT and whether Morrie's
Kellogg stated they are only speaking of the
MnDOT has focused on in terms of the 72 n
they are receiving from using offsite ponding and that
ork be completed at the time the building permit is
t that the Watershed District and MnDOT would also
to the Ryan Companies, whether that would trigger
I be required to complete the ditch improvements.
on the east/west side of the property, which is what
, and that there has been no discussion concerning the
north/south ditch, which is the ditch more than likely that the runoff from the Morrie's site would be
diverted to. Regardless if Morrie's discharged t I either ditch, MnDOT would require improvements to
the outlet structure.
• White asked what the costs for those improvemei is would be.
PAGE 7 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
-7:00 o'clock p.m.
( #07 -3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West — Continued)
Kellogg stated the applicant's engineer has determined those costs would be $35,000 to $40,000 in
today's dollars.
McJilton stated the costs associated with improving the outlet stfucture is minor and that the real costs
are associated with the armoring of the ditch. McJilton stated it is their understanding that the MnDOT
permit would not be issued until the improvements were completed and the costs would then need to be
worked out by the property owners.
Murphy asked if Ryan does not build out for five years but Morrie's did in a way that his coverage
would then be over 72 percent, what Ryan's expectation for those costs would be what.
McJilton stated in her opinion they would discuss the costs at that point with Morrie's.
Murphy asked if there have been any discussions in that regard at the present time.
McJilton indicated they have not had those types of discussions.
Murphy commented if the cost is only 35 to 40 thousand dollars on a project of this size, he does not
know why anyone would want to assume higher costs in the future.
Bremer stated in her view that is a decision that should be left to the developer and that the ditch work is
not required at this point. Bremer stated in her opinion the City does have enough mechanisms in place
that would ensure the improvements are completed prior to the issuance of the permits.
Kellogg stated the City's position on development in this community is that the developer needs to pay
their way on improvements regardless of the benefit received by the developer.
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McJilton indicating they are not saying they will not pay for it but that they would like the ability to do
the work at the time that it is truly needed rather than completing it in the near future when there is the
possibility that the work may never be needed. •
PAGE 8 of 32
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ORONO CITY
Monday, l
7:00
( #07 -3310 Ryan Companies US, Inc., 2765
McMillan stated the point raised by the City 1
the site is a great benefit to the developer and
improvements are completed prior to the last
White commented he has a problem with
necessary or required at the present time,
number of government agencies requiring this
ES OF THE
OUNCIL MEETING
vember 26, 2007
clock p.m.
Boulevard West — Continued)
leer of not having to construct a storm water pond on
there is some security in knowing that the
ling being constructed.
iri g a contractor to complete some work that is not
cilly in light of the fact that there are agreements with a
work is completed prior to certain permits being issued.
Mattick stated Staff has scrutinized the develo]
philosophy that has been followed is that once
percent and the trigger is 72 percent, in Staff's
Mattick stated Staff understands the rationale f
feeling it should be completed up front, which
other issues have been discussed and resolved
Peter Johnson, Attorney -at -Law, appearing on 1
discussions with Ryan on the issues that have b
agreement on those items. Johnson stated they
access to Western Steel; two, how storm water i
road across the southern third of the property re
with Wayzata Boulevard, Western Steel will hay
the future, when Morrie's is going through their
provide access to Western Steel at that time. Jo;
the cross easements with Western Steel and that
on access.
Johnson stated Ryan has agreed that storm wat
terminated prior to full development of the site
renovating. Once that agreement was reached, i
the City and Ryan.
agreement a number of times and that the
►u approve the application and you approve it for 85
)inion the work should be completed in the near future.
not wanting to complete the work, but that it is Staff's
what Staff typically requires on other applications. All
d this is the only issue that remains unresolved.
alf of Morrie's, stated Monie's has had substantial
i discussed tonight and that in his mind there is
;ically have agreements on three elements: One,
uld be diverted off their site; and three, the access
ling Morrie's property. Regardless of what happens
access to a public road one way or another so that in
;velopment discussions, they would not be required to
Son indicated he is unaware of what the status is on
ey are no longer involved in discussions with Ryan
going over Morrie's western property line would be
id was tied to the building they are presently
was Morrie's feeling that it was then a subject between
PAGE 9 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West — Continued)
The third issue regarding the access road was that it was going to be a dedicated public road and that if
Morrie's required the road prior to the City requiring it be improved, that would be a negotiation
between two private property owners. If the road was not required by Morries, then the road would be
constructed at the time the City requires it.
Murphy asked if it is within Morrie's good neighborly purview, if the City agrees to the ditch work
being completed in the future, whether there would be some kind of discussion or agreement on
Morrie's part for sharing in the costs.
Johnson stated he is not in a position to renegotiate anything at this time on that item.
Bremer commented in her view the issue is one of timing and the City usually has different timing
requirements like this on other applications and that the request of the applicant is not unusual.
Murphy asked whether construction of the first new building is different from the renovation that is
presently being completed on the existing building.
Turner stated they are different and that renovation of the existing building is currently underway.
Murphy moved, McMillan seconded, to adopt RESOLUTION N0.5693, a Resolution Approving
the Plat of Crystal Bay Business Center, subject to the ditch improvements being completed in
conjunction with the construction of the first new building as recommended by Staff. VOTE:
Ayes 3, Nays 2, Bremer and White opposed.
McMillan moved, Murphy seconded, to authorize the Mayor and City Clerk to sign the
Development Agreement between the City of Orono and Ryan Companies US, Inc. VOTE: Ayes
5, Nays 0.
Bremer moved, Rahn seconded, to authorize the Mayor and City Clerk to sign the encroachment
agreement between the City of Orono and Ryan Companies US, Inc. VOTE: Ayes 5, Nays 0.
PAGE 10 of 32
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
*4. #07 -3317 DAN BESSBURG WITH
AFTER -THE -FACT VARIANCE —
Murphy moved, Rahn seconded, to adopt
Variances for the Property Located at 774
*5. #07 -3322 ROBERT AND JORDANN,
VARIANCE — RESOLUTION NO. 5695
Murphy moved, Rahn seconded, to adopt
Variances for the Property Located at 845
6. #07 -3323 STRUCTURES UP
CHAMPLIN, 210 BIG ISLAND — V
Ross Langhans, Structures Unlimited, and
7RG HOMES, 774 TONKAWA ROAD,
NO. 5694
UTION NO. 5694, a Resolution Granting
Road. VOTE: Ayes 5, Nays 0.
WILLIAMS, 845 WILLOW DRIVE SOUTH —
UTION NO. 5695, a Resolution Granting
Drive South. VOTE: Ayes 5, Nays 0.
ON BEHALF OF JUDSON AND ALEYA
and Aleya Champlin, Applicants, were present.
Turner stated the applicants are requesting Lakeshore setback and hardcover variances to construct an
addition to the rear of the existing seasonal dwelling as well as add a second story to it. A foundation
type variance is requested to allow the addition to be constructed on post footings rather than a
perimeter foundation. The retaining wall portion of this application was approved by Council on
November 13, 2007. This portion of the application was delayed because the applicants were out of the
country and they wished to be present when this portion of the application was heard by the Council.
At their October meeting, the Planning Commission voted 6 to 0 to recommend approval of the
variances subject to the pitch of the roof being reduced to 10:12 and a landscaping plan for screening
being submitted for Staff review prior to the City Council meeting.
Rather than reduce the roof height, the applicant has reduced the height of the side walls ten inches.
This is the same amount the reduction in roof pi ich would have reduced the peak height. The applicant
also increased the roof overhang to two feet, which lowered the height of the eave line slightly.
PAGE 11 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3323 Structures Unlimited On Behalf of Judson and Aleya, Continued)
The applicant has revised the grading plan to add rain gardens to catch roof drainage. Shrubs are .
proposed along the front of the cabin. Staff thought it best to not submit the revised grading plan to the
City Engineer for review or ask for a detailed planting plan until direction had been received from
Council regarding the variances.
Staff is concerned that the Planning Commission did not understand what the impact of the reduction in
roof pitch would be. In Staff's opinion, this change is minimal and barely noticeable. To achieve a
significant reduction in roof mass, additional changes to the roof, such as eliminating dormers, further
reducing the height of the sidewalls or decreasing roof pitch, would need to be done.
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Staff had recommended two additional conditions that the Planning Commission did not clearly address.
One, the exterior of the structure (including the roof) is made darker earth tones with the crawl space
enclosed in the same color materials as the upper portion of the structure. Two, the Lakeshore buffer for
75 percent of the shoreline. The applicant is willing to accept the first condition. The second condition •
was not specifically discussed. Given the length of the shoreline, Staff thought some lakeshore buffer
would be appropriate, perhaps along the back of the lagoon at the base of the slope and on the side of
the lagoon -away from the house. .
Murphy asked whether the second picture does not include the lowering of the side walls or extending
the eave.
Langhans stated the picture does include those revisions
Bremer stated she would be recuzing herself from this application because she is personally familiar
with Aleya Champlin.
Langhans stated the picture is a rendered drawing and is the proposed building as depicted in the
blueprints before the Council. The rendering actually makes the building appear larger than what it
really will be in actuality. The scale of the second drawing is slightly larger than actual but it does
depict the structure with more earth tones. •
PAGE 12 of 32
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3323 Structures Unlimited On Behalf of !Judson and Aleya, Continued)
Langhans indicated the foundation variance is rei lly a moot point and the issue is the lakeshore setback
and hardcover variances. The height of the original structure did not require a variance but they have
reduced the height of the structure. The struct le is a story and a half, the floor trusses are 18 inches,
with a two and a half foot knee wall at the short point, and four feet in, the ceiling height is 5'/11
which gives them some livable space in that are'. Langhans pointed out that the more the pitch of the
roof is dropped, the less living space that is available.
Murphy stated-he is in agreement with the idea if dropping the knee walls and extending the eaves.
Rahn asked what they are doing with the foundation and whether the foundation would be replaced.
Langhans stated the existing footings were two feet deep and were replaced this past summer.
Rahn asked if this is a project that is slowly
of project from the start. Rahn stated the in
Langhans stated the design of the house before
foundation type.
Rahn asked if all the footings would be
or whether they have always envisioned this type
y of the project seems backwards.
Council is utilizing the existing footing type and
Langhans indicated they would be but that they are pier footings.
Rahn commented in his view the foundation is
cap would be saved.
Langhans stated there are concrete piers in the
exterior first floor walls will stay, with the inte
being replaced. Rahn asked if the first floor
.md, which a large number have beer' replaced. The
walls being removed.
PAGE 13 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3323 Structures Unlimited On Behalf of Judson and Aleya, Continued)
Rahn stated in his view the applicants are taking a 600 square foot cabin and they are adding on two and
a half times the square footage and that it is becoming a rebuild versus new construction issue. Rahn
noted the structure is also located in the 0 -75 foot zone.
Langhans stated they have already replaced some of the beams as part of the repair work that was
completed this summer.
Rahn noted the square footage has more than doubled in an area where there is not supposed to be any
hardcover. Rahn commented the whole process seems rather convoluted and that the more logical
approach would have been to put a basement in rather than add a story.
Langhans stated to add a basement would have required bringing a concrete truck out on a barge and
that they are attempting to work with what exists and what is the most economical. Langhans pointed
out the ten feet in the back is basically required to have the staircase and that from a design standpoint
they extended that area out across the entire back of the house. Langhans noted the increase in •
hardcover is less than one half of one percent. The applicants would like to improve what exists and
they are willing to add a wetland buffer.
Turner noted the septic system had to be replaced by the end of this year.
McMillan asked if there is enough room for the water to get around the corner of the structure.
Turner stated the City Engineer has reviewed that and has determined that a swale is required to get the
drainage to go around the house.
McMillan asked what the distance is from the edge of the addition to the retaining wall.
Langhans stated it is approximately four to five feet.
Murphy noted at the last meeting that issue was discussed in depth and that to his recollection it meets
engineering standards. 0
PAGE 14 of 32
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3323 Structures Unlimited On Behalf of Judson and Aleya, Continued)
McMillan commented the size of the addition is up for discussion.
Champlin stated he grew up in a cabin and he would like his kids to be able to experience living in a
cabin. Champlin stated he knew the existing cabin had a number of issues that would have to be
addressed, with the building basically deteriorating and needing replacement. The septic was failing
and required immediate replacement, which resulted in the removal of a large number of trees.
Champlin indicated that rather than removing even further trees, they looked at designing something in
the present location and yet provide some additional room for their family.
White asked if the City has a massing regulation for the 0 -75 foot zone. White noted they are under the
structural coverage limit on the lot.
Gaffron stated the ordinance limits structures in the 0 -75 foot zone and that whatever has been granted
in the past is outside what is currently allowed by the Code.
McMillan commented typically the Council
minimum in the 0 -75 foot zone and typically
Murphy stated page three of five in the Planni
1,175 square feet or whether that includes the
Turner stated that number includes the shed a
The shed is close to 90 square feet. The diffe
to the structure, which consists of 260 square
zone.
Murphy stated the hardcover in the 75 -250 foot
Rahn stated the only issue is basically the close
McMillan stated the applicants could rebuild
PA
to limit the amount of hardcover to a bare
not allow an increase in the hardcover in that zone.
Report shows that the existing building consists of
and some other small structures.
1 the deck. The actual living space is 702 square feet.
nce between the actual and the proposed is the addition
The shed would be relocated out of the 0 -75 foot
one is not an issue.
roximity to the lake.
t is there.
E 15 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3323 Structures Unlimited On Behalf of Judson and Aleya, Continued)
Murphy stated in his view the structure is attractive. Murphy asked what color the decks would be.
Langhans stated it is natural cedar and would be stained.
White recommended the accent lighting on the exterior of the structure be limited.
Champlin stated he would be agreeable to limiting the exterior lighting.
Murphy moved, McMillan seconded, to direct Staff to draft a resolution approving lakeshore
setback and hardcover variances to construct an addition to the rear of the existing seasonal
dwelling as well as add a second story, subject to the recommendations of Staff outlined in the
November 26, 2007 Planner's Report.
McMillan asked what the wetland buffer would be.
Turner stated Staff would look at what is the most appropriate for this site and what currently exists.
VOTE: Ayes 4, Nays 0, Bremer Abstained.
*7. #07 -3333, JOHN VOGSTROM WITH VOGUE, I.C.F. HOMES, INC., ON BEHALF OF
WILLIAM AND SUSAN DUNKLEY, 2709 WALTERS PORT LANE — CONDITIONAL USE
PERMIT — RESOLUTION NO. 5696
Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5696, a Resolution Granting a
Conditional Use Permit for Repair of a Seawall for the Property Located at 2709 Walters Port
Lane. VOTE: Ayes 5, Nays 0.
PAGE 16 of 32
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0
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
8. #07 -3336 MARC ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHAF OF
MITCH COOK OF CENTRAL BANK AND LARRY PALM OF LGL REAL ESTATE
INVESTMENTS, STONEBAY OUTLOT A —I REVIEW OF DEVELOPERS AGREEMENT AND
STATUS UPDATE
Larry Palm with LGL Real Estate and Mitch
Gaffron stated the application that is before the
agreement and status update.
with Central Bank were present.
tonight concerns a review of the developer's
Staff met with the developers this afternoon to discuss the remaining issues. The developers have
indicated they would like to have two separate development agreements, which would remove John
Terrance Homes out of the agreement.
The applicants have also requested a variety of changes to the development agreement, which includes
is changing the names of the entities. LGL Real Estate Investments LLC would become Ace Properties,
LLC, and Central Bank would change to Central Orono, LLC, which Staff has no issue with.
In Item 13 of the developer's agreement, the dev
construction of the trail, which Staff has no disal
In Item 18, with two separate agreements, Ace P
completion dates and they would not start constr
would like to be reimbursed for the
with.
es would like an open -ended start and
until they have building lease commitments.
In Item No. 19, the developers would like to see is clearer definition of substantial completion. Staff
would need to confer on that issue but do not feel it will be an insurmountable issue.
In Item 2, the developers would like a clearer de cription or listing of what improvements are to be
privately maintained and which are to be maintained by the City.
In addition, the developers would like the fees aid escrow to be paid at the time the building permit is
issued, which Staff opposes. The basis for Staf �s opposition relates to the City's code and the past
practice of the City. The bank is willing to provide the entire letter of credit but LGL would like to
i
PAGE 17 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3336 Marc Ashton With John Terrance Homes, LLC, On Behalf of Mitch Cook of Central
Bank and Larry Pal of LGL Real Estate Investments, Stonebay Outlot A, Continued)
defer payment of the fees until they actually start construction. The City typically does not release the
filing until all fees have been paid. Staff feels this could all happen concurrently.
In Item 24, the developer would like language requiring sufficient detailed backup information be
provided for all staff and consultant charges passed on to developer.
Developers wish to complete all fee payments, except LGL, at closing rather than before Council final
action. Closing cannot happen until the plat is filed. The City normally does not release plat for filing
until all fees are paid. This can all happen concurrently at closing but needs clear City Attorney
direction to the closer.
LJ
Staff has received this afternoon the City Engineer's comments on the plans. There are now retaining
walls that are proposed. The plans have been reviewed by the fire marshal and the issues that he has
raised have been addressed... .0
The construction plans have not changed. The applicants have indicated they would comply with the
City's signage codes. In light of the request for deferring a portion of the securities, Staff would like to
see a staging plan for the site and the applicants are in the process of developing that.
The City has received the Mylars and it may be appropriate to show a drainage easement for the storm
water system or a cross easement. City staff and developer will need to finalize language and legal
descriptions for an easement for the trails within the properties. The City will need to finalize MnDOT
limited use permit application for trails in MnDOT right -of -way.
The MCWD has approved permits but will not issue them until the developers file a declaration against
each lot, but this cannot happen until the plat is filed. NPDES permits are in the process of being
obtained.
Gaffron stated the Council should discuss the outstanding issue regarding the fees. If Council feels all
issues have been resolved to its satisfaction and concludes the application is far enough along to grant
PAGE 18 of 32
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•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3336 Marc Ashton With John Terrance;Homes, LLC, On Behalf of Mitch Cook of Central
Bank and Larry Pal of LGL Real Estate
final approvals, they could approve the applic
and approval. If the Council determines final
tabled to the December 10"' meeting.
Murphy stated when he arrived for tonight's i
saw for the first time tonight and that his first
Stonebay Outlot A, Continued)
subject to Staff/City Attorney /City Engineer review
are premature, then the application should be
he had some concerns regarding the memo that he
ination was to table the application. Murphy stated it
appears that the primary issues relate to money and that in his view it just seems this application is being
rushed through the system. Murphy asked Staff if they feel this application is being moved too fast
through the process and whether all issues have
Cook stated one of the reasons for today's meet
today's meeting was very helpful in clarifying 1
developers agreements would basically be the z
documents. The original agreement required th
would be eliminated with the two development
Mattick stated in principal Staff agrees with the
payment of the fees. If the two sites are develop
the two development agreements, that helps to k
distinct. The new development contracts would)
but there may be some requirements that would i
The bank lot does need to tie into the other lot, v
included in the two development agreements.
Mattick stated the two issues before the Council
feel it is fair to pay fees on property that they do
the plat until the fees are paid up front. The Cit}
agent, with the closing agent releasing the mylar
given the securities that it is requesting. Mattick
processes an application, in his view this is a rea
addressed adequately.
was to figure out exactly where they were at and that
issues. Cook stated the concept of separating the
eement that they already have but in two separate
John Terrance Homes consent to certain items, which
ints raised and that the major issue relates to the
simultaneously, a staging plan is required and with
i each developer's responsibilities separate and
very similar to what is currently before the Council
to be added in terms of the phasing of the project.
is not currently addressed and would need to be
ire: One, payment of all fees up front. LGL does not
iot currently own but the City is not willing to record
could sign the mylars, release them to the closing
for recording and at the same time the City being
stated while this is not the way the City normally
onable request and would address the developer's
PAGE 19 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3336 Marc Ashton With John Terrance Homes, LLC, On Behalf of Mitch Cook of Central
Bank and Larry Pal of LGL Real Estate Investments, Stonebay Outlot A, Continued)
concern. LGL is requesting that payment of the fees not be required until a building permit is requested
and that the money stay in escrow until the building permit is issued. Typically these fees are collected
up front and the City is entitled to collect park dedication fees at the time of subdivision according to
state statute. The issue of not collecting the fees until the building permit is requested is not something
that Staff would be in favor of
Mattick stated the lengthy discussion this afternoon helped to clarify the items and that some sort of
staging plan would need to be developed in order to incorporate it into the development agreement.
Kellogg stated the biggest issue is how does Staff deal with the staging of the project, and if one of the
sites is not going to be developed for some period of time, they need to address how storm water would
be handled. Some of the required storm water improvements are a direct result of discussions with the
MCWD and he is uncertain what the position of the MCWD would be on the storm water if one site is •
not developed. Kellogg indicated the other engineering issues on the site are minor and can be
addressed prior to development of the lots.
Palm stated the issue in his mind is that they do not care to pay the fees at all until they apply for the
building permit. Palm indicated they would also prefer not to put them in escrow.
Mattick stated the letter of credit would secure the public improvements and not the other fees, such as
park dedication fees.
Palm stated the letter of credit has the ability to bind those fees.
White stated essentially the letter of credit the City is requesting would be for the public improvements.
McMillan asked if LGL is willing to file the letter of credit but would like the other fees deferred until
the building permit is issued.
PAGE 20 of 32
0
•
ORONO CITY
Monday, P
7:00
( #07 -3336 Marc Ashton With John Terrance
Bank and Larry Pal of LGL Real Estate Inve
ES OF THE
OUNCIL MEETING
vember 26, 2007
clock p.m.
LLC, On Behalf of Mitch Cook of Central
its, Stonebay Outlot A, Continued)
Palm stated they would like to pay those at the time they make application for the building permit. Palm
stated it makes sense economically to construct one building first and have it totally leased out prior to
constructing the. second building. Palm comme ted it is not in the best interests of anyone to have a
vacant building sitting there for a period of time.,
McMillan asked how long it would take to workout a staging plan.
Cook stated they do have a staging plan worked out between them and they would be submitting that to
the City.
McMillan stated she personally does not want to+work out the staging plan tonight and that the City
Engineer should have ample time to review that.) McMillan expressed concerns about approving the
application tonight prior to the development agreements and staging plan being totally resolved.
Bremer stated in order to create the two separate development agreements, the City's attorney would
also need to be significantly involved with that I d that it is dependent upon the staging plan. Bremer
stated in her opinion the Council should arrive at a decision on the payment of the fees tonight.
Rahn stated the decision to have two separate
may be other underlying issues that have not bef
table the application for two weeks.
was only recently arrived at and that there
addressed yet. Rahn indicated he would prefer to
McMillan stated it was her understanding the tw;o buildings would be constructed at the same time and
that she would prefer to see the development
Cook stated the project was never presented as
that Lot 1 would be built on first.
and the staging plan in place prior to approval.
both buildings constructed at the same time and
PAGE 21 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3336 Marc Ashton With John Terrance Homes, LLC, On Behalf of Mitch Cook of Central
Bank and Larry Pal of LGL Real Estate Investments, Stonebay Outlot A, Continued)
Mattick stated once he receives the comments of the City Engineer, he can start work on the
development agreements, and that it comes down to whether the City Council would like to review the
development agreements and staging plan prior to approval or rely on Staff.
Bremer asked when the closing date is scheduled and when they anticipate construction to begin on the
project.
Cook stated they are ready to purchase the property once they receive the approval of the City and that
everything is ready to go but that it is dependent upon the weather.
•
Murphy stated he does not have an issue with Staff handling the staging plan but that payment of the
fees is going to require the specific attention of the City Attorney as the application goes forward.
Murphy commented that he still has the feeling that this application is being rushed through the process. •
Murphy expressed concerns that if the City Council agrees to what Mr. Palm is requesting, that would
change the way the City of Orono has typically done-business on other applications.
Mattick stated in his experience he has not seen a letter of credit being used to secure those other fees
and that according to state statute it is at the time of subdivision approval that the City has the ability to
collect these fees. Mattick stated this may not necessarily set a precedent but that the City Council
would need to explain to the future applicants why they are not being allowed to defer payment of the
fees. - - -
Bremer stated the payment of fees by the various developers needs to be consistent.
Mattick stated the closer has indicated that the fees would be disbursed at the time of closing, and that
when the subdivision is approved, those fees are-typically collected.
McMillan commented that the payment of the fees is the cost of doing business and that she would
concur with the recommendation of the City Attorney.
•
White stated he would also be in support of payment of the fees up front.
PAGE 22 of 32
•
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
( #07 -3336 Marc Ashton With John Terrance Homes, LLC, On Behalf of Mitch Cook of Central
Bank and Larry Pal of LGL Real Estate Investments, Stonebay Outlot A, Continued)
Bremer indicated she would be willing to go with Item C.
Moorse stated while Item C is doable, he would i of encourage it be done on a regular basis given the
amount of time that is required by Staff to set this arrangement up and monitor it.
Cook stated what they are proposing is to shoot for a closing date and to handle everything on that day.
Mattick stated they will prepare a list of what needs to be done and that it is a doable exercise.
Moorse stated he would then expect that all of the items that are still required to be completed be
completed by the end of this week to give Staff Ind Council ample time to review the documents.
• Rahn moved, McMillan seconded, to table Application #07 -3336, Marc Ashton with John
Terrance Homes, LLC, on behalf of Mitch Cook of Central Bank and Larry Palm of LGL Real
Estate Investments, StoneBay Outlot A. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Murphy noted next Monday, December P, is the truth -in- taxation meeting.
Rahn asked whether portable sanitation is requi led on projects in the City, and that if it is not required,
in his view it should be.
Curtis stated to her knowledge it depends on th6 size of the project on whether it is required. -
White requested Staff research this issue.
•
PAGE 23 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
(Mayor /Council Report, Continued)
McMillan stated she did notify the Planning Commission about the event hosting Will Steiger and Paul
Douglas that was held last week in Minnetonka. McMillan indicated she did attend the event and that it
was very informative. To her knowledge another event is planned for the future at the Wayzata
Community Church. McMillan commented regardless of whether global warming is a reality, the City
needs to look at ways they can mitigate damage to the environment.
White asked if the natural foods co -op is looking at utilizing the Dalbec Roofing building.
Kroeger indicated the co -op is looking at a number of buildings in the area.
Bremer noted McMillan recently graduated from the Orono Police Academy. Bremer commended the
chief of police for his efforts in coordinating this event.
0
White stated an available date for the sleep -out is Friday, December 7ffi, and that the Council should •
look at participating in that event.
CITY ENGINEER'S REPORT
Kellogg noted he did receive an e-mail from a developer today, with some of the Council Members
being copied on it, and that if any of the Council Members have questions regarding it, to please contact
him.
CITY ADMINISTRATOR'S REPORT
*9. REQUEST FOR PAYMENT NO.2 — TH12 /OLD CRYSTAL BAY ROAD WATER
MAIN IMPROVEMENTS
Murphy moved, Rahn seconded, to approve Request for Payment No. 2 for the TH12 /Old Crystal
Bay Road Water Main Improvements to Widmer Construction in the amount of $4,352.50.'
VOTE: Ayes 5, Nays 0. •
PAGE 24 of 32
•
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I
MINUPS OF THE
ORONO CITY,COUNCIL MEETING
Monday, l�ovember 26, 2007
7:00 ;o'clock p.m.
*10. REQUEST FOR PAYMENT NO.2 — IFARVIEW LANE SEWER PROJECT
II .
Murphy moved, Rahn seconded, to approve Request for Payment No. 2 for the Farview Lane
Sewer Project to Castrejon, Inc., in the amount of $32,561.65 for the Farview Lane Sewer Project.
VOTE: Ayes 5, Nays 0.
*11. 2008 MEETING SCHEDULE
Murphy moved, Rahn seconded, to approve
12. WITHDRAW FROM
COMMISSION
2008 meeting schedule. VOTE: Ayes 5, Nays 0.
WITH THE WEST HENNEPIN RECYCLING
Moorse noted two of the factors in the dissolution of the commission are that two of the cities have
dropped their membership in the West Hennepin] Recycling Commission, and the Commission
Administrator will be resigning effective March 31, 2008.
Murphy asked whether the City is withdrawing or whether the commission is being disbanded.
Moorse stated the commission is disbanding.
Murphy expressed a concern with the way the resol
City is withdrawing from the West Hennepin Recl yc
modified to reflect that the commission is being dis
whereas be incorporated to reflect that the other � iti
being disbanded. I
McMillan suggested a common resolution b
the resolution be changed.
Moorse suggested this item be tabled to allow
on is worded that it conveys the impression the
�g Commission and that the language should be
ided. Murphy recommended that an additional
are also withdrawing because the commission is
the remaining cities be reached and that the title of
to amend the resolution.
PAGE 25 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m. •
(Withdraw From Membership With The West Hennepin Recycling Commission, Continued)
Murphy moved, Bremer seconded, to table Item No, 12, Withdraw from Membership with the
West Hennepin Recycling Commission.
McMillan recommended the City consider adding a fall clean -up day.
White suggested the City's soon- to -be- created environmental commission consider that item.
VOTE: Ayes 5, Nays 0.
*13. APPROVAL OF PAINTING THE INTERIOR OF CITY HALL AND COUNCIL
CHAMBERS
Murphy moved, Rahn seconded, to approve painting the interior of City Hall, the Council
Chambers, and link areas by MK Paining & Decorating, for an amount not to exceed $8,590.00,
and to amend the Improvement and Equipment Outlay Fund to reflect the expenditure. VOTE:
Ayes 5, Nays 0.
14. MCES INTERCEPTOR — RESOLUTION NO. 5697
Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5697, a Resolution Requesting that
the Shared Sewer Line Carrying Flows from Medina, Orono, and Long Lake be taken over by
MCES as a Metro Interceptor. VOTE: Ayes 5, Nays 0.
Bremer moved, Murphy seconded, to reconsider this item. VOTE: Ayes 5, Nays 0.
Peter Johnson, Morrie's Automotive, stated when the upgrades to that sewer line were made starting in
2005 along Morrie's easterly property line, they received some correspondence from the City asking
them if they could have temporary and permanent access onto their property. The City at that time was •
asked whether the lift station on the northwest corner would eventually be abandoned and they were told
PAGE 26 of 32
•
•
•
MINUTES OF THE
ORONO CITY,�COUNCII, MEETING
Monday, l overnber 26, 2007
7:00 o'clock p.m.
(MCES Interceptor, Continued)
that it would be. Johnson questioned whether thi easement has ever been released, and if it has not been
released, he would request that it be taken care of.
In addition, another impact of the resolution would be how the City's interest in that line impacts
decisions that will be made in the future regarding access, and that Morrie's would like to be involved in
the discussions regarding future access if a road in that area is ever constructed.
Moorse stated to his knowledge the City has completed the release of the easement.. In terms of whether
the City could construct a road over the easement, the metering station is a metro metering station,
which would need to be relocated prior to contt i ction of a road. In addition, the City would only ask
that it become a metro interceptor at Industrial Boulevard, which is what is reflected in the resolution.
Murphy asked why it is in the City's best interests to have that happen.
Moorse stated at the present time the joint sewer line is a Long Lake line that runs down Industrial
Boulevard and Willow, then connects into an int I ceptor. Because it is a Long Lake sewer line that both
Orono and Medina utilize, the three cities share t e costs of maintenance. If the interceptor becomes a
metro interceptor, the Metropolitan Council would assume the costs of maintenance.
White stated the sewer line would not be relocated at any time in the near future.
Kellogg noted the City has recently replaced the north/south line from Trunk Highway 12 to the
southwest corner of the golf dome, which is approximately ximately eight to ten feet deep. From that point it
turns east to the metering station and is a fairly new line, which would not need to be replaced for some
time. I
Moorse stated the issue is, if there was to be a
remain as is.
Murphy stated the issues raised by Mr. Johnson
constructed behind the golf dome, could that line
be addressed by the City.
PAGE 27 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
(MCES Interceptor, Continued)
Johnson indicated his client is interested in knowing whatever issues there are regarding access.
Moorse indicated he did provide the resolution to Medina and Long Lake.
Murphy asked whether it would be better to table the item or to go ahead and adopt the resolution.
Moorse stated the Council could table this application to hear back from the two cities. But he would
like to get the resolution approved so Staff can move forward with the Metropolitan Council.
McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5697, a Resolution Requesting
that the Shared Sewer Line Carrying Flows from Medina, Orono, and Long Lake be taken over
by MCES as a Metro Interceptor. VOTE: Ayes 5, Nays 0.
•
*15. ACCEPT QUOTATIONS FOR SANDBLASTING, PAINTING NAVARRE WATER •
TREATMENT PLANT (2345 BLAINE AVENUE)
Murphy moved, Rahn seconded, to accept the quotation in the amount of $13,850 from Champion
Coatings of Savage, Minnesota, for sandblasting, spot painting at the Navarre Water Treatment
Plant, with funding from the Water Fund and approval of the appropriate year 2007 budget
adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0.
16. MCES GRANT PROGRAM FOR DRAIN TILE DISCONNECTIONS — RESOLUTION
NO. 5712
McMillan inquired how the City is involved in this program and how it would be reimbursed.
McMillan indicated it was her understanding the property owners would be reimbursed.
Moorse stated it was his understanding that the City would be reimbursed for the work. In addition, •
there is a surcharge that is imposed related to I &I, and rather than paying the surcharge, the City has the
PAGE 28 of 32
•
MEWTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00; o'clock p.m.
(MCES Grant Program For Drain Tile 1
Continued)
option to use that money to do I &I improvements. Disconnecting drain tile from the City sewer system
would also qualify as an I &I improvement. M gorse indicated the City would actually be paying a
significant share of the costs and then getting reimbursed. The other portion would go toward the
surcharge, which would significantly lower the I osts to the property owner.
McMillan asked whether the City would be
process is supposed to work.
the construction work and the billing or how the
Moorse stated. under the surcharge portion of it, the City would be subcontracting with a contractor, and
that he is unsure whether the grant program would cover the costs if a private owner directly contracts
with a contractor for the work.
Kellogg stated the I &I issues in Orono are lake related and that what they are attempting to limit are the
I &I spikes experienced during a big rain storm event. Kellogg stated connecting the drain file to the
• sewer system was once an allowable practice but has since been disallowed.
•
McMillan moved, Bremer seconded, to adopt
Participation in the MCES Foundation Drain
17. POLICE SERGEANT LABOR
Murphy asked whether the Minnesota Supreme
carried over.
Mattick stated there was a case that was recently
which raised the issue with vacation time. The S
when and under what terms a person accumulate
are acceptable.
►LUTION NO. 5712, a Resolution Authorizing
ation Grant Program. VOTE: Ayes 5, Nays 0.
2008 AND 2009
has recently ruled that vacation time cannot be
ded by the Supreme Court concerning sick time,
me Court has ruled that if the City has in its policy
t vacation time, policies defined as use it or lose it
PAGE 29 of 32
,i
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
(Police Sergeant Labor Agreement 2008 and 2009)
Murphy asked if any of this language is in contradiction with any of those rules.
Mattick stated it is not.
Murphy moved, McMillan seconded, to approve the 2008/2009 Police Sergeant labor agreement
settlement as outlined above, and to authorize the City Administrator to sign a contract reflecting
the settlement. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
Mattick commented the City's practice has been to require letters of credit at the time of approval and
that the fees are tied to the subdivision of the lot by state statute. Mattick indicated it is his experience
that some communities require payment of the fees at the time of hook -up.
Bremer suggested that perhaps the City consider compromising on the SAC and WAC charges but then
requiring the letter of credit be filed at the time of final plat approval.
Gaffron stated Staff informs the applicants at the beginning of the application process about the
payment of the fees and that typically the applicants do not take issue with it.
Mattick stated he and the building inspector would be visiting the Hollander property next week and
take photocopies of the property. In his experience the pictures will give a historic picture of the
property. Mattick noted that Hollander would be informed next week that there is a neighborhood
meeting scheduled to discuss his property.
PAGE 30 of 32
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i
MINUTES OF THE
ORONO CITY�COUNCIL MEETING
Monday, November 26, 2007
• 7:00,O'clock p.m.
*18. LICENSES & PERMITS
•
•
ANNUAL LIQUOR LICENSES
Club On Sale and Sunday Liquor
1. Wayzata Country Club
200 Wayzata Boulevard
Off Sale Liquor
2. Wood Enterprises, Inc./Navarre Liquor
3421 Shoreline Drive
On Sale 3.2 Percent Malt Liquor
3. Lakeview Golf of Orono, Inc.
405 North Arm Drive
Off Sale 3.2 Percent Malt Liquor
4. Voyageur Service Centers, Inc. /O'Sulliv n's Holiday
2420 Shadywood Road
Murphy moved, Rahn seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0.
*BILLS
Murphy moved, Rahn seconded, to approve
Nays 0.
of the All Funds Account. VOTE: Ayes 5,
PAGE 31 of 32
1
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 26, 2007
7:00 o'clock p.m.
ADJOURNMENT
Murphy moved, McMillan seconded, to adjourn the Orono City Council meeting at 10:12 p.m.
VOTE: Ayes 5, Nays 0.
There being no further business to discuss, the meeting was adjourned.
ATTEST:
2: 14
Linda S. Vee, City Clerk J m White, Mayor
4 y
•
7
PAGE 32 of 32