HomeMy WebLinkAbout05-10-2010 Council Minutes•
ROLL CALL
197]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o `clock p.m.
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 of Long -Term
Strategic Planning Mike Gaffron, Planning and Zoning Coordinator Melanie Curtis, City Engineer Tom
Kellogg, and Recorder Jackie Young.
Mayor James White called the meeting to order at 7:01 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item No. l0A was added to the Agenda. Item Nos. 8, 11 — 17 were added to the Consent Agenda and
Item No. 4 was removed from the Consent Agenda.
McMillan moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
• *2. REGULAR COUNCIL MEETING OF APRIL 26, 2010
McMillan moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of
April 26, 2010, as submitted. VOTE: Ayes 5, Nays 0.
*3. COUNCIL WORK SESSION OF APRIL 27, 2010
McMillan moved, Bremer seconded, to approve the minutes of the Orono Work Session of April 27,
2010, as submitted. VOTE: Ayes 5, Nays 0.
4. RECONVENED LOCAL BOARD OF APPEAL AND EQUALIZATION OF MAY 5, 2010
Franchot noted the adjournment time should be changed to 7:35 p.m.
Franchot moved, McMillan seconded, to approve the minutes of the Reconvened Local Board of
Appeal and Equalization of May 5, 2010, as amended. VOTE: Ayes 3, Nays 0, Bremer and
McMillan Abstained.
PUBLIC HEARING — 7:00 P.M.
5. ANNUAL PUBLIC HEARING FOR NPDES PHASE H STORM WATER PERMIT
Jesse Carlson, Bonestroo & Associates, addressed the City Council on their NPDES program. The City is
• required to hold an annual public meeting to discuss Orono's MS4 permit, which is the Municipal
Page 1 of 17
i v
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o `clock p.m. •
(5. ANNUAL PUBLIC HEARING FOR NPDES PHASE H STORM WATER PERMIT,
Continued)
Separate Storm Sewer System. The objective of the public hearing is to educate the residents and to
obtain their feedback.
NPDES, which stands for the National Pollution Discharge Elimination System, is a national regulatory
program under the jurisdiction of the U.S. Environmental Protection Agency and is administered at the
state level by the Minnesota Pollution Control Agency. A requirement of the permit is that an annual
report be prepared and submitted to the MPCA. Carlson stated the report has been prepared and will be
submitted to the MPCA after the completion of this meeting.
Best management practices under the permit include such things as public education and outreach,
controlling illicit discharge, and street de- icing. There are legal ramifications if the City is not in
compliance with the requirements of the permit. Those include the potential for the Federal EPA and/or
the MPCA to impose criminal or civil penalties up to $10,000 per violation per day.
Negative local impacts as a result of a failure to comply with the permit include a decline in aquatic
biodiversity, habitat loss, increased flooding, impact of aesthetics, human health, and a decline in drinking
water quality. Typical pollutants include de -icing operations, grass clippings, which should not be
deposited in the street, erosion issues, and discharges from various sources. There are multiple solutions
cities can implement to reduce the negative impacts, and they include such things as education of
homeowners and construction of rain gardens and buffer areas. •
Carlson stated Orono last year promoted the Clean Water Resource Fair held in Independence, provided
storm water information on its website, promoted Water is Life Artwork, encouraged its residents to have
rain barrels, participated in the Udder Market held in Maple Plain, and implemented a grass and leaf
disposal program. Orono's Public Works Department also performs street sweeping on a regular basis,
culvert repair, and removal of sump catch basin sediment. In addition, the City undertook some
improvements in the Casco Point area last year. Other requirements of the permit mandate that cities look
at impaired water bodies, prevent erosion, and attempt to reduce the negative impacts of discharge
wherever possible. Wolsfeld Woods and Wood -Rill are two outstanding bodies of water within the City
of Orono and have been identified as prohibited discharge areas, which cannot be expanded. The MPCA
does perform audits of cities to ensure they are in compliance with the permit.
Carlson indicated the City can take advantage of some grant funding to do storm water improvement
projects. The Coal Tar Legislation addresses PAHS runoff, which comes from driveway sealants, and
requires cities to conduct a pond inventory. The MS4 general permit is on a five year cycle, and the City
of Orono's permit expires June 30, 2011. A new permit will need to be adopted or approved by the MN
Legislature. The permit requirements for the new cycle are currently being reviewed by the Legislature
and will focus on performance goals.
Carlson stated the next step in the process is to open up the public hearing, prepare a response to each
comment, and then submit those to the MPCA
Mayor White opened the public hearing at 7:18 p.m.
•
Page 2 of 17
•
MINUTES OF TB E
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o `clock p.m.
(5. ANNUAL PUBLIC HEARING FOR NPDES PHASE H STORM WATER PERMIT,
Continued)
Michael LaQuey, P.O. Box 94, Crystal Bay, stated he would like to see a comprehensive traffic
management plan developed, which would, in part, address the runoff issues that arise from the traffic
going through Orono.
Mayor White closed the public hearing at 7:20 p.m.
McMillan asked if the City will need to reduce the phosphorus levels that are currently in the water
bodies.
Carlson stated essentially what will occur is that the lakes will be put on a list and scheduled for a total -
maximum daily load to be developed. Once that is developed, each city will be allocated an amount that
they will need to reduce their phosphorus load and specific projects will be identified.
Franchot asked if the area lakes are currently impaired.
Carlson indicated they are currently impaired and noted that Long Lake has just been added this year.
Each lake is impaired to a certain amount and will need to meet a certain criteria established by the state
depending on the size of the lake.
• Franchot asked if the City tracks the trend on those.
Carlson stated the City does not necessarily track those but other government agencies do. Lake
Minnetonka is tracked by Three Rivers Park District and the Minnehaha Watershed District.
Murphy asked if it would be advantageous for the City to consistently promote storm water ponding and
rain gardens or curb and gutter.
Carlson stated it would depend on each specific scenario. A majority of watersheds are pushing cities to
address both phosphorus and volume management. Cities can consider rain gardens, reeds, and
promoting discharge to natural areas rather than impervious surfaces is ideal.
The City Council took no formal action on this matter.
LMCD REPORT — ANDREW McDERMOTT, REPRESENTATIVE
McDermott stated the projected increase in the LMCD budget for Orono is less than one percent for 2011,
but pointed out that the LMCD has not allocated any money to be put in reserves for the replacement of
the milfoil harvesters. The City has been invited to the budget meeting scheduled for May 27"' and he
would encourage the City Council to attend. McDermott noted the LMCD's budget is set by each
individual city's appraised valuations.
Mayor White asked what percentage of the budget is Orono's share.
McDermott stated out of the 14 member cities, Orono is at 13.5 percent. The largest percentage is the
• City of Minnetonka at 40 percent. The lowest percentage is the City of Spring Park at 1.3 percent. The
Page 3 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o clock p.m. •
(LMCD REPORT, Continued)
majority ranges from 2 percent to 6 percent. McDermott noted the City of Orono's share amounts to
approximately $60,000 and that the LMCD is attempting to keep the budget increases at a minimum.
Murphy asked what monetary role the LMCD has taken in the chemical treatment program on Grays,
Phelps and Carman's Bays.
McDermott stated the LMCD allocated money out of the Save the Lake Fund to help offset some of the
expenses for the chemical treatment and have agreed to donate up to $10,000 per bay, which would be
reduced each year over the next five years.
Murphy asked what position the LMCD has taken regarding adding additional bays to the chemical
treatment program.
McDermott indicated the LMCD agreed to help fund treatment on the three bays but that they are not
willing to expand the funding to additional bays. The LMCD will look at the results at the end of the
project, which is not for another three years, and make a decision at that time whether the chemical
treatment should be continued. The LMCD would like to obtain the scientific results on the three bays
that are currently being treated before expanding the program. McDermott pointed out the government
agencies overseeing this program were not very satisfied with the results from Grays Bay last year.
McMillan commented there was a concern about the native plants in Carman's Bay and that the Army •
Corps of Engineers recommended alternatives to the standard treatment being done in Phelps Bay and
Grays Bay. McMillan noted the amount of chemicals being used on Carman's Bay was reduced based on
the Army Corps of Engineers' recommendations, which may result in Carman's Bay experiencing less
killing of the invasive weeds than the residents had hoped for.
McDermott stated this year Grays Bay and Phelps Bay will have spot treatment for milfoil but full
treatment for curly leaf and pond weed. The LMCD is waiting to see if this treatment works and helps to
reduce the milfoil.
PLANNING COMMISSION COMMENTS — LINDA FEUSS, REPRESENTATIVE
Linda Feuss stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
PLANNING DEPARTMENT REPORT
6. #09 -3405 INTERNATIONAL MINISTERIAL FELLOWSHIP 2477 SHADYWOOD ROAD
— AMEND SITE PLAN
Frank Masserano, Applicant, was present.
Page 4 of 17
C:
1�1
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o `clock p.m.
(6. #09 -3405 INTERNATIONAL MINISTERIAL FELLOWSHIP 2477 SHADYWOOD ROAD,
Continued)
Curtis stated in November of 2009 the applicant received approvals to construct an addition on the front
of the building and an entry deck on the rear of the building for the church. At the time of building permit
submittal, the applicant realized that a trash enclosure building they had planned for had not been part of
the plans or the approval.
The applicant is requesting that the Council amend their November 2009 approvals to include the
10' x 23' building which was overlooked: The proposed building location is adjacent to the location
approved with the original 2001 CUP, which is next to the building's loading dock. The alternative
location puts the trash enclosure at the northwest corner of the parking lot, closer to the neighbor who
voiced concerns about noise and activity with the new deck, as well as much farther from the loading
dock.
The proposed location of the new trash enclosure is 45 feet closer to Shadywood than the principal
structure and the existing enclosure. It is proposed to be located in an area which would be screened from
Shadywood by a berm and evergreen trees. A variance is necessary to allow the structure to be located
between the principal structure and the street.
Murphy asked where the original approved site is.
Curtis illustrated on the overhead the location of the original site. In 2001, when the applicant originally
received a CUP, that was the site where the City approved the trash enclosure.
McMillan asked if that is where the dumpster sits now.
Masserano indicated they sit there now and that they would like to enclose it.
Murphy asked how far from the old location the new proposed location is.
Masserano stated it is a matter of a few feet and that the current location is too close to the dock area.
Curtis noted the applicant is proposing that the dumpster be enclosed.
Frank Masserano indicated at the present time the dumpster is just sitting there in the open and that they
are attempting to improve the appearance of the lot by adding the structure. If the structure were located
in the back, it would necessitate them hauling the garbage from the loading dock out to the dumpster
through the snow in the wintertime.
White commented this is a nice improvement to the site.
Bremer moved, Murphy seconded, International Ministerial Fellowship Church, 2477 Shadywood
Road, be directed to submit a variance application for the trash enclosure building as proposed.
VOTE: Ayes 5, Nays 0.
Page 5 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o `clock p.m. •
7. #10 -3438 DNA PROPERTIES, LLC,1535 BOHNS POINT ROAD — PRELIMINARY
PLAT — RESOLUTION NO. 5931
Mark Gronberg, Surveyor, was present.
Curtis stated this is a preliminary plat application for a 4.89 acre parcel proposed to be divided into three
conforming single - family residential lots. All lots would be served by public sewer and private water
supply wells. The Planning Commission voted 6 -0 to recommend approval of the preliminary plat
application.
Since the January Planning Commission meeting, the applicant has revised the proposed lot lines slightly
to accommodate existing tree preservation easements over the southern portion of proposed Lot 3. The
proposed lots continue to conform to LR -113 district standards.
Planning Staff recommends approval of the preliminary plat per the resolution.
Murphy indicated he does not see any issues at this point in time with this application and that some
issues may arise at the time various applications are submitted for the individual lots.
White asked whether the trend is to build slightly smaller houses.
Gronberg stated in his experience, people have been proposing smaller plans. Gronberg stated he does
not feel the large house that is currently on that lot will be replicated. •
McMillan asked if the dock for Lots 2 and 3 would be in the lagoon.
Gronberg indicated the existing dock for Lot 3 would remain and that a new dock would be needed for
Lot 2.
McMillan asked if the docks would meet LMCD standards.
Gronberg indicated they would.
Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5931, a Resolution Approving the
Preliminary Plat for Property Located at 1535 Bohns Point Road. VOTE: Ayes 5, Nays 0.
*8. #10 -3456 TRUE NORTH HOMES, INC., ON BEHALF OF STEVE DORE, 2172
SHADYWOOD ROAD — VARIANES — RESOLUTION NO. 5932
McMillan moved, Bremer seconded, to adopt RESOLUTION NO. 5932, a Resolution Granting
Variances to the Orono, Minnesota, City Code, Sections 78 -350 and 78 -1288, for Property Located
at 2172 Shadywood Road. VOTE: Ayes 5, Nays 0.
9. FOREST ARMS COUNTRY CLUB HOMEOWNERS ASSOCIATION (FACCHA) 2010
JOINT USE DOCK LICENSE — ADMINISTRATIVE APPEAL OF SURVEY REQUIREMENT
Curtis stated since 1984 the City of Orono has required that all users of a joint use dock obtain a City conducted an assessment of the
Joint Use Dock License on an annual basis. In 2009, Planning Staff •
license information on file for each of the joint use dock users. The City had fallen into the habit of
Page 6of17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
• 7:00 o `clock p.m.
(9. FOREST ARMS COUNTRY CLUB HOMEOWNERS ASSOCIATION (FACCHA) 2010
JOINT USE DOCK LICENSE, Continued)
issuing retroactive licenses on 2 to 3 year rotation due to workload commitments in other areas. The
decision to require a current survey of the property and dock configuration for the 2009 license year was
due to many of the files containing very old, incomplete, or inaccurate sketches, site plans, or surveys.
In the 2009 license year, the licensees were notified of the new survey requirement. Seven of the eleven
licensees complied by submitting updated surveys with their 2009 applications. The licenses have not yet
been issued but the City has not prohibited any of them'' rom using their docks. The 2010 license
applications were mailed at the end of March.
The LMCD and the City of Orono share concurrent jurisdiction in the matter of licensing joint use docks.
The first Joint Use Dock License was issued to FACCHA in 1983. Since that time the configuration of
the docks changed and the City has a number of different iterations of the dock layout plans /or surveys.
In 1993, a new configuration was approved by the LMCD and a survey was conducted. The City did not
receive a copy of the 1993 survey until the 2003 permitting season. This survey was used until the 2009
season when an updated version was requested. Currently the FACCHA is requesting a waiver from the
updated survey requirement.
Tom Barrett, Forest Arms Country Club Homeowners Association, stated the City's recent survey dated
2003 is the survey that the homeowners association has on file and it has been approved by the LMCD
without any corrections. The lots have not changed over the years that would require a new survey. The
•
only change has been to construct a small canoe rack for the neighbors, which is the only improvement
that has been made on that lot to date. No new hardcover or structure has been added. Barrett indicated
he feels the City's current survey is adequate and the association would question why a new survey is
necessary if nothing has changed.
In a letter dated May 5fl' from the City, Planner Curtis stated the decision to require a new survey dated
2007 or newer was based on the City having already received a 2007 survey from a licensee. Barrett
indicated he is not sure how that relates to the homeowners association and questioned how 2007 is
significant.
Barrett stated he also has a question relating to the application process. The application process for the
City of Orono and the LMCD are two different application processes. Barrett asked why those
application processes cannot be combined for the joint docks. The LMCD is stricter than the City of
Orono's requirements and the homeowners association meets those requirements every year. Requiring a
new survey could be a hardship on some members. Given the poor economy, some members are facing
foreclosure and/or not working. If a new survey is required, the homeowners association would like to
have a letter from the City stating whether a new survey is going to be required every year, every two
years, or what the standard will be so adequate planning can be done by the homeowners association.
White asked how long the surveys would be good for.
Curtis stated Staff's intent was to obtain updated surveys and bring each property up to a level of
information that is more current. Staff will continue to conduct annual inspections of the property and
will not require a new survey unless something changes on the property.
•
Page 7of17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o'clock p.m.
(9. FOREST ARMS COUNTRY CLUB HOMEOWNERS ASSOCIATION (FACCHA) 2010
JOINT USE DOCKLICENSE, Continued)
Barrett stated typically improvements would need to go through the City's permit process and the City
would have it on file. Barrett commented it is difficult to make changes on a lake property given the
regulations of the LMCD, the DNR, and the City.
Curtis pointed out that not all residents obtain a permit prior to commencing work.
White noted the survey is rather outdated and that the cost borne by 14 to 15 residents would be relatively
little.
Bremer noted the City's records show it is a 1993 survey.
Barrett stated the survey was submitted to the City in 2002 and has been approved by the LMCD for years
and the city for years.
Bremer asked what the status of the application is this year.
CJ
Barrett indicated they were approved. Years ago, when the property was purchased from the City, there
was a stipulation in the purchase agreement that they had to comply with the most restrictive ordinances
for the docks, which was through the LMCD. The homeowners association has been in compliance every
year with the LMCD and that in his opinion they are also in compliance with the City's requirements. •
Barrett stated there is no outdated information on the survey and that is why they are requesting the
waiver.
McMillan asked if any new hardcover has been added.
Barrett indicated there has not been any added and that they attempt to comply with all the regulations.
Murphy asked what the requirement is that the City is requesting in terms of a survey.
Curtis stated Staff is looking to see if the survey reflects any new improvements on the land. There is a
fence along the street that is shown on one of the surveys but not on the other one. There also appears to
be a traveled path but Staff cannot discern positively what it is.
Barrett stated that is for golf carts to travel down to the dock.
Murphy asked what it means in Planner Curtis's letter when she says 7 of the 11 licensees have complied
by submitting updated surveys.
Curtis pointed out the City has 11 joint use docks.
Franchot asked whether Staff could drive by the property and inspect it to see whether any improvements
have been made.
Curtis stated there are things on the property that are not shown on the survey, such as a fire pit and the
dry stack storage shelving. •
Page 8of17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
•7:00'o `clock p.m.
(9. FOREST ARMS CO UNTRY CL UB HOMEOWNERS ASSOCIATION (FACCHA) 2010
JOINT USE DOCK LICENSE, Continued)
Franchot asked if there is anything on the property that a new survey would be required to show.
Curtis indicated she does not know exactly what is on the property, which is the reason for the request for
a new survey.
Barrett noted someone from the City has been out there recently to inspect the property.
Bremer commented she understands the financial aspect of obtaining a survey but that it is less of an
expensive process if you bring in an existing survey to the surveyor and they just update the survey.
Barrett stated the survey requirements include elevations and other things, which are not needed for this
license. If the fire pit is the issue, he would be willing to remove it.
Curtis indicated it is not simply the fire pit. Curtis stated Staff would like to know exactly what is on the
property should any improvements be made in the future.
Barrett asked if the city does an annual inspection prior to the application being approved.
Curtis stated they inspect the property based on the information that is submitted and that they have
. reviewed aerial photographs to see whether any changes have been made to the property. Staff
periodically performs site visits and takes photographs. There currently is canoe storage in an area that is
becoming wetland.
Barrett stated the canoe storage is up against a neighbor's house and that there is a question where the
delta is based on a conversation with the City Engineer. The delta is increasing in size due to a sediment
pipe.
Murphy stated the question regarding the cost still has not been answered.
Barrett stated in his view it is not necessarily the cost of the new survey but the changing regulations.
Barrett reiterated that the current survey is accurate.
Murphy commented he understands the position of Mr. Barrett but that Staff's position is they would like
verification the survey is accurate.
Curtis stated they would like a record of what is currently there.
White suggested that the City allow the association one additional year to obtain a new survey prior to
submitting their application. The City does need a base line for their records and that it would not be a
difficult task to update the current survey.
Barrett stated he would be willing to accept that.
. McMillan noted no hardcover is allowed in the 0 -75 foot zone and asked whether the canoe rack has been
grandfathered in.
Page 9of17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o `clock p.m.
(9. FOREST ARMS COUNTRY CL UB HOMEOWNERS ASSOCIATION (FACCHA) 2010
JOINT USE DOC %LICENSE, Continued)
Curtis stated she is unsure when that was added.
McMillan indicated she would be willing to table this until the homeowners association has a chance to
explore the costs of the updated survey.
Barrett stated they would like to comply with the City's regulations but that he does not see why a canoe
rack and a fire pit should be included on a survey since they are temporary.
Bremer stated a survey even shows a pile of rocks, which could be temporary. Anything impervious
should be noted on a survey.
Barrett commented that in his view the residents are becoming over - regulated
Bremer moved, Murphy seconded, to approve the application for a dock use license for the Forest
Arms Country Club Homeowners Association for 2010 based on the current survey, with the
requirement that a new updated survey be obtained prior to the submittal of the dock use license
application for 2011.
Barrett asked how the application should be handled.
•
Curtis stated the application should be updated to reflect that there is a dry storage rack on the property, •
which relates to Item No. 14.
Tom Theisen, 4175 Forest Lake Drive, stated he has lived there for approximately 30 years and that the
association has spent approximately $150,000 on the lot, which includes buying the property back from
Orono. Theisen stated the current survey was updated in 2002 and was the third revision to the survey. If
Staff would take a look at the document they would see that due to LMCD requirements, each time there
was a minor revision to the dock, the survey was updated.
White asked what the charge was to update the survey.
Theisen indicated it was $800. The LMCD allowed them to reconfigure their dock to accommodate the
low water level and then again when the water level was higher. There is erosion currently going on in
one portion of the lot and then on the other side of the lot there is a city drain that has created a delta in
the area. The purchase agreement between the City and the homeowners association requires that Orono
clean out the drain on a regular basis, which has not been done. Under that agreement, the homeowners
association cannot dredge boat slips out because they may become shallow in low water situations.
Currently one side of the dock is filling in from runoff from the entire community. Over the last 30 years,
the property has developed a delta from the watershed. The only thing that has changed on the survey is
what Orono has not taken care of, which is the delta and maintaining that drain. The survey is current
through 2002.
Theisen pointed out that over 50 percent of the association members are either retired or single parents
and that he feels it is an unnecessary burden to have to put up more money in addition to the $150,000
that they paid for the lot. Last year they planted some new trees and they were told that any tree over six •
inches in diameter would have to be included on the survey.
Page 10 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
• 7:00 o `clock p.m.
(9. FORESTARMS COUNTRY CLUB HOMEOWNERS ASSOCL4TION(FACCHA) 2010
JOINT USE DOCKLICENSE, Continued)
Curtis indicated that is not the case and that she has spoken to the association's surveyor regarding that.
Theisen indicated he would be more than happy to remove the fire pit. The canoe storage is two 4 -inch
diameter dock pipe pounded in the ground and those can be removed. There has been absolutely no
change to the survey other than the delta, which is the City's responsibility.
Theisen indicated he did speak with the City Engineer and was told that the City does not have money to
maintain it. Theisen stated in his view the City should hold up their end of the agreement and that the
area is turning into swamp area or wetland.
Franchot stated he would be in favor of the motion, but noted the decision to require a new survey sounds
very arbitrary and unnecessary. Franchot suggested before Staff requires a new survey, that they should
drive by to see if there have been any improvements.
Bremer noted the City requires an updated survey with every building permit as well, but that perhaps the
City should rethink that approach.
McMillan asked why the year 2007 was chosen.
A& Curtis indicated 2007 is when staff who was handling this program changed hands. Staff reviewed the
files and made some assessments that a substantial amount of the information was insufficient, which
included some hand drawn maps and drawings made on plats. Staff approved the permitting in 2008 and
2009 utilizing the information that the City had available. In the applications for 2008, the City received
a 2007 survey and Staff felt that requiring updated surveys as of 2007 would be sufficient for the other
residents.
Franchot stated this feels like a one -size fits all solution and reiterated that he would be in favor of the
motion since the applicant's position is rational and the survey is not hand drawn.
Curtis stated this was a staff decision that was made so the program could move forward and that Staff
felt that same requirement should be applied to every licensee.
McMillan stated she agrees with some of the issues raised by Council Member Franchot. The survey is
certified and changed slightly in 2002. McMillan indicated she would recommend Staff drive by and see
if there have been any changes made to the property but that the survey does not need to be updated
unless there are some changes. The applicant has indicated there is no new hardcover on the property and
that is adequate in her view. McMillan stated in her view asking the applicant to submit a new survey is
unnecessary unless Staff notices changes.
Mattick stated Staff is attempting to get a handle on the hardcover for the various properties. Staff did
visit the site, did view changes, which is part of the basis to request an updated survey. Mattick stated he
can understand why those items seem trivial but they are not reflected on the survey. There could
possibly be other items on the property that Staff did not notice on their walk through and that the updated
• surveys would be helpful to Staff.
Page 11 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o clock p.m. •
(9. FOREST ARMS COUNTRY CLUB HOMEOWNERS ASSOCIATION (FACCHA) 2010
JOINT USE DOCKLICENSE, Continued)
Murphy stated the City has the opportunity to have Staff look at these issues that were raised and that he
is unsure what the overall program will be going forward in terms of how often a new survey should be
submitted. Orono has a reputation for being tough on these types of issues. Murphy suggested Staff
review the survey situation in the upcoming year.
Murphy moved, Bremer seconded, to amend the motion approving the application for a dock use
license for the Forest Arms Country Club Homeowners Association for 2010 based on the current
survey, with the requirement that a new updated survey be obtained prior to the submittal of the
dock use license application for 2011, with the additional requirement that the City Engineer
review the runoff situation, determine what the City's responsibility is as it relates to the delta, and
to direct Staff to develop a policy regarding how often the surveys should be updated. VOTE:
Ayes 4, Nays 1, McMillan opposed.
10. ORONO 2010 -2030 COMPREHENSIVE PLAN UPDATE — AMEND PRELIMINARY
APPROVAL — RESOLUTION NO. 5933
Gaffron noted on April 26th the City Council voted 3 -2 to adopt a resolution to forward the
comprehensive Plan to the Metropolitan Council for approval subject to specific revisions of the Land
Use Plan. The first revision was to revise the allowed density for 3245 Wayzata Boulevard upward from
7 -10 units per acre to 10 -15 units per acre. The second revision was to add the rear portion of 2525 •
Shadywood Road to the Mixed Use Area in Navarre.
Gaffron stated the Metropolitan Council requires a supermajority vote on the Comprehensive Plan in
order for it to be adopted by the City.
Murphy moved, Franchot seconded, to reconsider the motion made at the April 26, 2010, City
Council meeting. VOTE: Ayes 5, Nays 0.
Gaffron stated another point of discussion at the work session was whether proposing an overall planned
development density for the entire city in excess of the 3 units per acre threshold is in keeping with the
City's low density philosophy. There are some pros and cons to meeting the 3 units per acre density. The
first advantage is that it shows the Metropolitan Council that the City is making a good faith effort to
meet that threshold. By slightly exceeding the threshold, it will allow the City some flexibility if the
development does not meet the 3 units per acre to still remain in compliance with that density.
The disadvantage of having the density number higher than the threshold is that there is a risk by
submitting a plan at 3.74 units per acre as it is currently set that it will become the standard of the
Metropolitan Council and may become something that they expect the City to achieve. Submitting a
threshold at less than 3.74 will also give the City some room to change the density if necessary.
Gaffron stated the two issues before the City Council tonight are whether the mixed use area should
exclude the Minnetonka Mudd and bowling alley sites and whether the plan should be revised to reduce
the overall planned density to mirror the 3.0 units per acre threshold.
In the information that was previously provided to the Council, one of the options is to remove properties •
from the Mixed Use Area. Staff picked three sites that were likely not to be developed. Those include a
Page 12 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
• 7:00 o clock p.m.
(10. ORONO 2010 -2030 COMPREHENSIVE PLAN UPDATE, Continued)
residential property, the Synder's Drug store site, and the property adjacent to the Freshwater Center. If
those sites are removed from the calculation, it would drop the density from 3.74 to 3.67. If the density
in Navarre is dropped from 6 to 15 units per acre to 4 to 15 units per acre, the density would be reduced to
3.46. Gaffron noted the density for the Mixed Use Area in the Navarre area was developed with the idea
that some sites will develop at a lower density and some sites will develop at a higher density.
Gaffron stated if the City Council would like to reduce that density further, they would need to look at
individual sites to remove from the Mixed Use Area.
Franchot stated by making this move to lower the density, the City would not be precluding an
appropriate development at a higher density but that they are merely changing the threshold for the
Metropolitan Council.
Gaffron indicated that is correct.
Franchot stated he does not want to preclude some developments that could make the Navarre area better
and that it sounds like these changes do not prohibit that.
McMillan commented she appreciates the extra two weeks since the last Council meeting to thoroughly
consider the proposed changes discussed by Staff and the public comments received over the past month.
• McMillan indicated she has spent some time considering that input over the past two weeks and that she
has attempted to look at the parcels in a vacuum and determine what is best for Orono. As it relates to the
area in Navarre consisting of the Mudd and NAPA sites, McMillan indicated she is in agreement with
keeping that building retail under the current zoning since it will benefit Navarre by having that retail
section. If those buildings are opened up to possible residential uses, it would eliminate those business
services. McMillan stated in her view there is justification for keeping the zoning the way it currently is.
As it relates to the Eisinger property and their request to guide it for higher density, McMillan indicated
she did visit the site and believes there is some justification for increasing the density on that site because
it does consist of ten acres of open space. The higher density development on that site would have a
buffer and green space and the City would also have the ability to mitigate some of the issues that arise
due to higher density. McMillan stated in her view higher density would work in that area because the
site can accommodate it.
Concerning Parcel 3 near the fire station, McMillan indicated one of her concerns is the formal
application that has been submitted and the proposal to guide that area at a much higher density than what
it is currently. McMillan stated if the application does not go through for whatever reason, the City will
have reguided three parcels, two private lots, and one city-owned lot, to higher density. If it is guided for
10 -15 units per acre and this development falls through, McMillan indicated those property owners could
go out and find a developer that will develop those two sites at that higher density regardless of what
happens on the city-owned lot. McMillan expressed a concern that the Metropolitan Council will not
allow them to reduce the density once they submit the Comprehensive Plan for their approval. McMillan
stated in her view that parcel deserves some additional thought.
Bremer stated she agrees with the comments of Council Member McMillan except as they relate to Lot 3.
• Bremer stated in her view that area should be guided at a higher density and that she trusts the judgment
Page 13 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7.00 o `clock p.m. •
(10. ORONO 2010 -2030 COMPREHENSIVE PLAN UPDATE, Continued)
of Mike Gaffron and the other city councils who have looked at that site previously for higher density.
Bremer indicated she would be willing to accept Staff's recommendation on the two revisions.
Bremer moved, Franchot seconded, to direct Staff to revise the Comprehensive Plan per Staff's
recommendations A and B, with the Minnetonka Mud and bowling alley parcels being removed
from the Mixed Use Area in Navarre, and to reguide the Navarre Mixed Use Area to a net base
density of 4 units per acre, reducing the overall net density from 3.71 to 3.45; to direct Staff to
submit the CMP to the Metropolitan Council per the Letter of Submittal attached to the staff
memo dated May 5, 2010; and to adopt Resolution No. 5933 granting preliminary approval of the
Orono 2010 -2030 Community Management Plan.
Murphy noted the City is talking about reguiding these parcels and not rezoning them with the
Comprehensive Plan. If the development for Parcel 3 does not go through and the other two parcels are
guided for 10 -15 units per acre, the parcels would still need to be rezoned at the time the application is
made.
Gaffron stated since the parcels in total exceed five acres, they would need to go through the City's
Conservation Design process. Gaffron indicated there are some built in controls with that process but that
the base density would be 10 units per acre.
Murphy asked what the harm would be if somebody brought in an application for either of those •
properties, provided it meets all the other qualifications of the City, and the City approves a multi- housing
development on those two properties.
McMillan stated the high density should stay along Highway 12 and that the original intent was to keep
the New Highway 12 corridor more rural. As it relates to Parcel 3, there are residential neighborhoods to
the east and south and a two acre parcel to the west. To the north is the highway. McMillan stated Parcel
3 is not as orphaned as some of the other parcels and that she does not see it having the buffer that the
other two parcels have. McMillan stated the City would be setting a precedent by putting high density in
Orono's rural section and that the majority of Orono is single - family residential. McMillan stated in her
view you have to draw a line somewhere.
Murphy stated he would like to focus on what is being set in motion by the Comprehensive Plan going
forward.
McMillan stated the jump in density from two to three units up to 10 to 15 units per acre is a big jump for
the neighbors, which amounts to 27 units versus 90 units.
McMillan stated she would propose an amendment to the motion to reguide Parcel 3 at a density of 3 to 7
units per acre.
Bremer indicated she is not in favor of that amendment.
VOTE: Ayes 4, Nays 1, McMillan Opposed.
0
Page 14 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o `clock p.m.
10a. APPROVE SPRING HILL GOLF CLUB DOCUMENTS FOR FILING
Gaffron noted this is a housekeeping matter and that the City Attorney has recommended that the cleanest
way to accomplish filing of the final documents where signatures are missing on old documents is to
create new documents and reaffirm their approval.
McMillan moved, White seconded, to reaffirm the approvals granted in Resolutions No. 4577 and
3902, and to authorize the Mayor and City Clerk to sign the plat mylars, the quitclaim deed for
wetland rededication, and the Trail Easement Agreement. VOTE: Ayes 5, Nays 0.
MAYORJCOUNCIL REPORT
McMillan thanked Lin Vee and Rachel Dodge for putting together the organic recycling survey.
CITY ENGINEER'S REPORT
Kellogg indicated he did meet with the gentlemen from Forest Arms and that he is aware of the situation
with the delta. Kellogg stated he did inform the representative from the homeowners association that the
City has a limited amount of funds and a number of projects to complete this year and that the City would
need to prioritize those projects and look at the CIP to evaluate which ones are the priority projects.
is *11. WILLOW DRIVE SOUTH MILL AND OVERLAY— APPROVE PLANS AND SPECS
AND ADVERTISE FOR BIDS
McMillan moved, Bremer seconded, to approve the plans and specifications for the Willow Drive
South Mill and Overlay S.A.P. 152-101-015, and to authorize the advertisement for bids for the
construction of the improvements. VOTE: Ayes 5, Nays 0.
*12. McCULLEY ROAD GUARD RAIL — APPROVE PLANS AND SPECS AND ADVERTISE
FOR BIDS
McMillan moved, Bremer seconded, to approve the plans and specifications for the McCulley Road
Guard Rail S.A.P. 152-104-006, and to authorize the advertisement for bids for the construction of
the improvements. VOTE: Ayes 5, Nays 0.
CITY ADMINISTRATOR'S REPORT
*13. AMEND OFFICIAL MEETING CALENDAR
McMillan moved, Bremer seconded, to amend the 2010 Official Calendar by moving the Primary
Election date to August 10, 2010, rescheduling the Council Work Session of August 10, 2010, to
August 11, 2010, and rescheduling the Council Work Session of September 15, 2010, to
September 14, 2010. VOTE: Ayes 5, Nays 0.
Page 15 of 17
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o `clock p.m. •
*14. ESTABLISH NEW POLLING PLACE FOR PRECINCT 3 —RESOLUTION NO. 5934
McMillan moved, Bremer seconded, to adopt RESOLUTION NO. 5934, a Resolution for
Establishing a Changed Precinct Polling Place Location for Precinct 3 in the City of Orono,
Minnesota. VOTE: Ayes 5, Nays 0.
*15. PAY REQUEST NO. 9, CASCO POINT RECONSTRUCTION PROJECT
McMillan moved, Bremer seconded, to approve Request for Payment No. 9 for the Casco Point
Road Reconstruction project, Geislinger and Sons, Inc., in the amount of $191,117.50. VOTE:
Ayes 5, Nays 0.
*16. MOBILE DATA COMPUTER (MDC) AMENDMENT TO THE COMMUNICATIONS
SYSTEM SUBSCRIBER AGREEMENT
McMillan moved, Bremer seconded, to approve the Mobile Data Computer (MDC) Amendment to
the Communications System Subscriber Agreement. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
City Attorney Mattick had nothing to report.
•
*17. LICENSES & PERMITS
GARBAGE HAULER
Baldy Sanitation, Inc.
5906 Henry Street
Maple Plain, MN 55359
2. Blackowiak Disposal, Inc.
1195 Sunnyfield Road North
Mound, MN 55364
3. Randy's Environmental Services
4351 U.S. Highway 12 SE
Delano, MN 55328
4. Veit Container Corp d/b /a Veit Disposal Systems
14000 Veit Place
Rogers, MN 55374
5. Vintage Waste Systems, Inc.
5315 Pioneer Creek Drive
Maple Plain, MN 55359
•
McMillan moved, Bremer seconded, to approve the above listed licenses. VOTE: Ayes 5, Nays 0.
Page 16 of 17
0
*18. BILLS
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 10, 2010
7:00 o `clock p.m.
McMillan moved, Bremer seconded, to approve payment of the All Funds Account. VOTE:
Ayes 5, Nays 0.
ADJOURNMENT
Bremer moved, McMillan seconded, to adjourn the Orono City Council meeting at 8:53 p.m.
VOTE: Ayes 5, Nays 0.
ATTEST:
Linda S. Vee, City Clerk
•
A-� M, C"
(71 M. White, Mayor
Page 17 of 17