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HomeMy WebLinkAbout04-23-2012 Council Minutes�n J MINUTES OF THE O ORONO CITY COUNCIL MEETING Monday, April 23, 2012 • 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above - mentioned date with the following members present: Mayor Lili Tod McMillan, and Council Members Cynthia Bremer, Doug Franchot, Aaron Printup, and David Rahn. Representing Staff were City Administrator Jessica Loftus, City Clerk Lin Vee, Finance Director Ron Olson, Assistant City Administrator of Long -Term Strategic Planning Michael Gaffron, Consulting City Engineer David Martini, City Engineer/Public Works Director Jesse Struve, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item No. 3 was added to the Consent Agenda. Bremer moved, Franchot seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES • *2. REGULAR COUNCIL MEETING OF APRIL 9, 2012 Bremer moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of April 9, 2012, as submitted. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS - KEVIN LANDGRAVER, REPRESENTATIVE Landgraver stated at the last Planning Commission meeting they approved four items and also discussed the text amendment relating to dock rentals. The Planning Commission has held two public hearings and Staff was directed to draft language relating to residential dock rentals that the Planning Commission can review and perhaps act on. Landgraver noted the Planning Commission has also had two applications dealing with bluffs in the past couple of months. Landgraver noted the Maple Place application will be discussed tonight and that he will be available for questions relating to that application. PUBLIC COMMENTS Edward Callahan, Orono resident, noted that he was the Mayor of Orono in the midst of the new Highway • 12 project. Callahan commented there have been letters in the newspaper recently regarding the tumback Page 1 of 16 A �1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) of Highway 12 to the City after certain improvements have been made. The proposal involves approximately $20 million and involves one of the main highways through`the City of Orono. Callahan indicated he noticed that in accordance with the programs of the Minnesota Highway Department, it was recommended that a committee be appointed to guide the City through that tumback process. Callahan suggested the City Council give serious consideration to not following the agenda of the county or the state highway department and give top priority to the impact the highway has on the residents of Orono and Long Lake. Callahan stated rather than the City Council appointing a committee of citizens who were not involved in the planning of the highway, that the City Council form a subcommittee of the City Council. The actions of this committee will involve negotiations with the highway department and the City of Long Lake over how money will be spent and what improvements will be made on behalf of the City. Callahan stated his understanding is that the City of Orono and other representatives of Long Lake and Orono have previously reviewed this plan and made recommendations on what should be done a number of years ago. A public meeting was held at that time and representatives of Long Lake, Orono, and the Department of Transportation decided what to do with the old highway. Callahan stated in his view the City should follow the recommendations of the first committee. • McMillan noted she was on the first Highway 12 turnback committee and that she would hope the • Department of Transportation would take the prior work that was done on the highway into consideration. McMillan noted the Department of Transportation has their own process that they would like to follow as it relates to the turnback and that the City of Orono will be participating in that process. PLANNING DEPARTMENT REPORT *3. #11 -3531 LORI GHERARDI ON BEHALF OF WOLVERTON PLACE, LLC, 4550 WOLVERTON PLACE - FINAL SUBDIVISION - RESOLUTION NO. 6136 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6136, a Resolution Approving a Class I Subdivision of Property Located at 4550 Wolverton Place. VOTE: Ayes 5, Nays 0. 4. #12 -3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE PLACE - CONDITIONAL USE PERMIT Gaffron stated last summer the applicants received preliminary approval to plat the six southerly 50 -foot lots into three 100 -foot lots. The applicant has since changed direction and now plans to develop each of the seven 50 -foot lots individually, which the City must allow per MN State Statutes 462.357 and MN Rules 6120.3300. Those lots have been kept in single ownership for tax purposes and are located in the half acre zoning district. Gaffron noted City standards are not met by each of these individual lots and that in Staff's opinion the first proposal was better than what is now being proposed since it was proposing one house on two lots. Gaffron displayed the applicant's first proposal for this site on the overhead. • Page 2 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 • 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEHALF OF MAPLE PLACE, LLC, 1545 MAPLE PLACE, Continued) In order to successfully develop each of the seven lots without causing stormwater runoff issues, the previously approved comprehensive storm water grading plan must be implemented. The previous plan was reviewed and approved as part of the plat. However, because the plat will not go forward, the applicant requires conditional use permit approval to accomplish the same /similar grading plan which exceeds 500 cubic yards of land alteration. Gaffron noted the applicant is still proposing to have a comprehensive grading plan and to construct a swale along the back of the properties to divert the runoff into the existing drainage system. The grading plan has been slightly revised since the March Planning Commission meeting to eliminate two, 4 -foot high retaining walls on Lots 7 and 8 in favor of a pipe along that shared lot line. While the City Engineer reviewed the original grading plan and generally approved it, due to the recent change from a swale to a pipe, additional drainage calculations were requested to verify the acceptability of this pipe and above - ground overflow. The additional calculations have been submitted and have been found acceptable. Gaffron noted one of the questions that was raised a couple of weeks ago regarding this application relates to a state rule that states that no structure is allowed to be within 50 feet of a federal, state, or county highway. As a result of that rule, it was unclear whether the southerly 50 -foot lot would be buildable. Gaffron noted in 1992, when the City was adopting its shoreland ordinances, they requested • the DNR give the City an exemption from their standards relating to the height of buildings in the shoreland and the 50 -foot setback from a county right -of -way. Gaffron indicated the City presently has dozens, if not hundreds, of parcels that have setbacks of 30 to 35 feet from county highways. In southern Orono there are a number of homes whose only access is on to a county highway. The City was granted that exemption and the City has never enforced a 50 -foot setback from a county highway. As a result, the property owners have the right to construct on each of these six lots on Maple Place. Gaffron stated the proposed grading plan, in addition to providing for storm water management, establishes new elevated building pads for a total of seven homes, including the 1545 Maple Place lot just north of the original six lots. The existing grade at the south end of the property will be raised one to three feet, while for the northerly lots the grade will be raised as much as six to eight feet. Gaffron explained the CUP approval will have the effect of establishing a new "existing grade" for each lot for building height measurement purposes. The typical home design includes two stories above a basement. Absent the establishment of a higher existing grade, the basement floors of these homes would be at pre - existing grade and, by definition, the lowest level of these homes would be considered as a story rather than as a basement. These homes would then be considered three stories and exceed the City's 2 -1/2 story limit. Gaffron indicated as a result the homes would have to be redesigned. Additionally, absent establishment of the proposed new existing grade, the homes on the northerly lots would have a defined height of as much as 33' and would have to be redesigned or dug much deeper into existing grade, risking flooding. According to the statute, and as with the withdrawn plat proposal for three lots, the properties are limited • to 25 percent hardcover each where 30 and 35 percent would normally be permitted by City Code. The increase in the number of home sites does not result in an increase in total allowed hardcover, only a change in the location and size of building pads and common lot line swales. Page 3 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEHALF OFMAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) Each lot is 9,000 square feet in area and is allowed up to 1,500 square feet of structural coverage per City Code. It should be noted that the conceptual building pads depicted on Exhibit C exceed the 1,500 square foot structural coverage limit. The oversize pads were shown for grading purposes and to assure accommodation for varying shapes of potential 1,500 square foot home footprints. The City Council should discuss whether they want to establish a new existing grade for any of the lots. At the March 19th Planning Commission meeting, a neighbor who lives directly east of the project site expressed concerns regarding potential parking issues for so many homes at this location and the fact that there is no parking along North Shore Drive. People who come to use the beach at the north end of Maple Place park on Maple Place, as there is little or no parking at the beach. It was also noted that the west side of Maple Place is posted no car - trailer parking. The neighbor also expressed concern about screening or buffering of these homes. Gaffron noted there is no requirement in :the City's codes that these homes need to be screened or buffered. The City has received a letter from Paul Taylor of 3883 Cherry Avenue in opposition to approvals that would allow construction on the seven lots. n U Gaffron noted the applicants are considering installation of a municipal water system extension to serve • these seven lots,: which would potentially extend up Minnie Avenue. The applicants have met with Staff, City Engineer, and the City Attorney to discuss procedures and parameters for such an extension, which would be brought forward to Council at a future date. On March 196', the Planning Commission voted 6 -0 to recommend approval of the application as revised, subject to the recommendations of the City Engineer. Given the level of neighborhood interest and apparent opposition generated by this seven lot grading proposal, Staff suggests the Council may wish to re -visit the standards for issuance of a CUP and determine whether these standards are met. If so, approval of the CUP per the draft resolution would be warranted. Rahn asked if each of the lots is less than 10,000 square feet. Gaffron indicated the lots are 50'x 180' and consist of approximately 9,000 square feet. Rahn asked if the 1,500 footprint includes a deck. Gaffron indicated the 1,500 square feet is an allowance for lots that are less than 10,000 square feet. It would include decks that have a railing six feet above grade, covered entryways, and other factors. The City Council will need to look at what is considered structural coverage. McMillan asked if they are also required to keep hardcover under 25 percent. Gaffron indicated they are required to keep the hardcover below 25 percent for the entire lot. • Page 4 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEHALF OFMAPLE PLACE, LLC, 1545 MAPLE PLACE, Continued) McMillan asked how much hardcover would be available for a driveway. Gaffron indicated 25 percent of 9,000 would leave approximately 750 square feet. If the houses are 40 feet back from the road with a 12 -foot wide driveway, it would be difficult to construct a 1,500 square foot house, deck, and driveway and keep it under the 25 percent hardcover limit. McMillan asked if there is enough area for a private well on each of the lots. Gaffron indicated it is Staff's belief that there is enough room for a well on each lot. Rahn asked if the City water line would be looped. Struve indicated there are a number of dead end,lines throughout the City so it would not be an uncommon situation. Struve indicated there would need to be a hydrant at the end that would allow the City to flush the line. Gaffron indicated their initial discussion was that Staff would like to see a loop installed. The proposal gives the potential for a loop. In this situation the City will be extending an existing dead -end, which will • require some extra maintenance. McMillan asked if the higher grade for the pads is done for the basements. • Gaffron stated if they were to construct a house based on existing grade, there would be an issue with overland overflow, which could potentially flood the houses. As a result, some grading needs to be done around the homes to prevent flooding. Struve stated he does not have the calculations for the overflow with him tonight, but that it is more than likely the applicant will have to do some sort of grading around the house to minimize the impact of potential flooding. Gaffron stated on the lot containing the house, the existing grade is at 938' or 939' and the basement level would be 939.6'. The next lot south of the drainage way has an existing grade of 934' to 935', with a proposed basement at 935.6'. In that situation the basement floor would be above the existing grade. The existing grade for the third lot is at 937' and the proposed is 936.6'. As you go further south, the natural grade rises and there is more of the proposed basement constructed into the existing ground. Gaffron noted the applicant is proposing basements for each one of the seven parcels. Rah asked if the top of the foundation is 945' for all of the parcels. Gaffron indicated the majority of them are 945'. McMillan asked how the City defines a basement. Page 5 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEHALF OFMAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) Gaffron stated at least 50 percent of the perimeter of the lowest floor foundation must have less than a six -foot exposure from the floor above. Gaffron stated if you look at it from the standpoint of standing on the main floor level, if you can go down more than six feet to existing grade for more than half of the existing foundation, then the lower level is considered a story. City Code allows up to two and a half stories, so someone can have a basement and two stories, which is typical on a walkout. McMillan asked if all the homes are proposed to be two stories plus a basement. Gaffron stated the applicant has not indicated otherwise and that it is Staffs assumption the building layout that was given to the City will be utilized on all of the lots. Printup noted as it relates to the revegetation requirement, Part C of the resolution talks abouvan escrow of $10,000. Printup asked whether the escrow would cover the revegetation and stabilization. Gaffron indicated the revegetation and stabilization is not a landscape plan but would help' to ensure ground cover. The $10,000 does not necessarily cover anything else. ,7 Printup asked if that requirement would apply prior to the construction of the homes. Printup noted the • lots have been clear cut. Gaffron stated the applicant has been asked numerous times to provide silt fencing and that he is not sure whether that has been erected yet at this time. Rahn indicated there is no silt fence on the site. Bremer asked if they would be able to do the grading without a conditional use permit. Gaffron stated each lot needs to be graded in conjunction with the adjoining lot and it was felt that a conditional use permit would allow them the latitude to follow a comprehensive grading plan for the entire site. Bremer asked if that is with the applicant's agreement. Gaffron indicated it is. Mattick noted it is considered one project and that the grading would not be self - contained on each lot. Bremer asked how much each individual lot would be entitled to move without a conditional use permit. Gaffron stated they would likely be looking at the 500 cubic yards. Gaffron stated in other similar situations in the past, the City has dealt with it as a subdivision rather than individual lots. McMillan noted the land has been clear cut and that as part of this project all seven lots will be reshaped. • McMillan stated when you are talking about reshaping all seven lots at one time and attempting to Page 6 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 . 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEHALF OFMAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) provide drainage for the entire site, now would be an opportunity to discuss trees and landscaping that would make the development fit in more with the neighborhood. Gaffron indicated the applicant would need to be asked whether he would be willing to provide a landscape plan that is comprehensive over the seven lots. McMillan questioned whether the lots would be so artificially shaped that it would not fit into the rest of the neighborhood. Rahn commented the City Council's hands are basically tied as it relates to the seven houses and that he is not sure whether all houses at the same grade would fit into the neighborhood. Rahn suggested the applicant consider following the natural contours perhaps to bring some different dimension to the homes. Bremer commented she would like to hear from the applicant on why they have chosen to go from three homes to seven homes and that she has a concern with the marketability of these homes. Bremer stated she would like some reassurance that there is some interest in this type of development. McMillan noted the City changed the definition of basement a few years ago due to 'a concern about a • developer artificially raising the grade and creating something that does not look natural. McMillan stated she has a lot of concerns about some of the homes located on the northern portion of this site and the fact that the applicant is proposing more than 2 -1/2 stories. Holmers stated according to his understanding, given the way the lots sit, they are entitled to come in and obtain a building permit for each individual lot. Holmers indicated they have changed course since last fall and have increased the number of homes on the site. Holmers indicated they have agreed to redo the ponding so it improves the drainage because the area currently floods. Holmers stated he will be incurring that expense and that his engineer has worked with Staff and the City Engineer to resolve the drainage. Hohners stated they have removed the majority of the trees to help accommodate the grading. Holmers commented he is a little confused by some of the comments because they are doing more than what is required to address the flooding issues. Franchot asked how that relates to the question of artificially raising the grade. Holmers indicated they can bring in 500 cubic feet in without a conditional use permit. Franchot noted the height is defined from the existing grade. Holmers stated they would be willing to comply with the building height restrictions. Holmers stated they did have a meeting with Staff last Thursday to discuss the drainage and ponding in the rear. Mattick asked if they do pull individual building permits, whether they would be able to keep all the drainage from that home on that lot. • Holmers indicated his understanding is that they would have a plan for each lot and that it would flow from left to right. Page 7 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LL C, 1545 MAPLE PLACE, Continued) - Mattick asked whether the runoff would stay on that individual lot if they elect to apply for individual building permits. Holmers indicated he is not sure about that. Mattick stated one of the reasons for a comprehensive grading plan was to avoid the need to control the drainage on each specific lot. Staff has not looked at grading for this site on an individual lot basis and that the required grading and fill for the entire site would exceed 500 cubic yards. Bremer asked if plans have been drawn up for each lot and whether the drawing that has been presented tonight is an actual drawing of the house that will be constructed. IIolmers indicated it is the actual drawing. ;�• Bremer asked how many lots would have that type of home constructed on it. Holmers indicated he is not sure at this time. Holmers stated they do have several different drawings but that they have not gone further than that. Bremer asked if the lots would be purchased prior to constructing the homes. Holmers indicated they do have interest in a couple of the lots already. As it relates to the tree removal, Holmers stated the last thing they wanted to do was clear the back half of the lots but that they did not have a choice. Holmers indicated they do plan on bringing in some larger trees and that there will be landscaping on the lots. McMillan asked whether any landscaping will be done along the perimeter of the site. Holmers indicated there would be and that they are attempting to resolve the ponding and grading before the lots are landscaped. Bremer asked what the status is of the silt fence. Holmers stated the silt fence has been ordered. McMillan asked what will happen to the existing house. Holmers indicated that will be removed. Rahn asked what the elevations are from the road to the garage floor. C, • Gaffron stated on Lot 9 the garage floor is 943' and the street is between 936' and 938', which would be approximately a six -foot elevation over a space of 40 to 50 feet. • Page 8 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEHALF OFMAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) Rahn commented the City is attempting to manage this as a PUD when it is really single lots. Rahn stated it would be nice to have some type of elevation drawing for each lot. Rahn asked whether they would be able to construct at that elevation. Gaffron indicated they would be. Rahn asked whether the 2 -1/2 story limit will be verified on each building permit. Gaffron indicated it will be and that the question is whether they will be starting from the new existing grade or the current existing grade. McMillan commented not having a second floor will impact the square footage of the house and that some people do not consider a basement livable space. Holmers stated given the drainage improvements they will be making, the neighborhood will not flood like it has in the past. McMillan noted this is a difficult site to develop since it is located at a low point in the neighborhood. • Holmers indicated they are above the water table with the basements and that the existing house has had a dry basement for the past 45 years. Franchot asked how the raised pads for the homes relate to the drainage. Holmers stated the drainage would flow between Lots 7 and 8. Martini stated the stormwater management is part of the requirement for the fill. The drainage is designed to let the runoff drain away slowly, which will help alleviate some of the downstream flooding issues. Franchot asked the real question for the City Council is what will be defined as the base elevation for measuring the height of the house. Franchot commented it sounds like the actual landscaping needs to be done in order to correct the runoff. Martini stated the way the comprehensive grading plan is put together, that is correct. Martini indicated part of the elevation is to help maintain a proper cushion between the high water level and the low points. Rahn asked when defining the height of each house, whether it will be based on the existing grade. Gaffron stated that Staff is looking for Council direction on what will be defined as the base elevation. As proposed, they will be establishing a new grade at a higher level, which would enable them to have higher homes at the north end. • Rahn asked if there is a drainage plan that would work if the existing grade is raised. Page 9 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEHALF OF MAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) Gaffron stated the proposed drainage plan would work but it would raise the homes on the north end. McMillan asked how much additional pressure on the storm water drainage system there would be with the seven homes versus the three homes. Gaffron illustrated on the overhead the flow of the drainage. The addition of three or seven homes may not make a big difference. Martini indicated the City will be putting in three parallel pipes, which will be. an improved outlet. The water that ultimately comes into that area has been calculated and the stormwater plan takes into account the fact that they will be able to back up some of that water on those seven lots until the three pipes can take away the water without causing flooding. Currently there is one 15 -inch pipe in that area which does not have sufficient capacity. Franchot asked why the applicant has increased the number of homes from three to seven. Hohners indicated that was a choice the group needed to make. • McMillan asked whether they would be willing to reconsider the number of homes in light of tonight's • discussion. Hohners stated they probably will not be reconsidering the number of homes. McMillan commented she is not sure whether the fact that they would not be allowed 24/2 stories with a basement would impact the decision to have seven homes. Gaffron stated if the homes are three complete stories, that would not be allowed under City Code. Gaffron stated regardless of where the basement is located, they would only be allowed 2 -1/2 stories. Mayor McMillan opened the meeting for public comment. Nick Williams, 3843 Cherry Avenue, stated what he has seen presented tonight and what has been discussed the past couple of weeks is not what he would consider congruent with the character of the neighborhood. The applicant is talking about putting houses within 25 feet of one another on what used to be a completely wooded lot. This proposal makes this look like a city block in a neighborhood that does not look like a city block. Williams indicated kids utilize Sandy Beach along with a number of the other neighbors. This proposal will have an impact on the park. Williams expressed concern about what this development will look like moving forward and questioned whether it is for the betterment of the community. Williams stated he appreciates City Council Member Bremer's comments on the marketability of these homes. The price point on these homes is advertised between $380,000 and $410,000, which means they • are talking over $250 per square foot on a 1,500 square foot home, which is way beyond market comparables. Page 10 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 • 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEIIALF OF MAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) Holmers pointed out they are not 1,500 square foot homes since that is just the structural coverage and that they will have four bedrooms up and a den downstairs. The homes will consist of between 2,200 to 2,300 finished square feet. If the basement is finished, the home would be over 3,000 square feet. Printup stated when he was looking on line a couple of days ago, he found a similar home in a different city that was not anywhere close to the asking price of these homes. Printup commented he does have a concern with the demand for this type of house. Matt Herman, 3825 Cherry Avenue, indicated he is in agreement with Nick Williams and that he has submitted a letter to the City outlining his concerns. Herman indicated he is not aware of any flooding issues in the neighborhood and that in his view seven homes would have a negative impact on the neighborhood and it should be reconsidered. Linda Tyson, 1360 North Arm Drive, stated the neighbors have to look at these homes for a long time and that they would appreciate it if they would only construct three homes to make it look more like it belongs in the neighborhood. Holmers stated they would not be able to make a profit on three homes. Holmers noted that he will be • living in one of the homes, so he will be a part of the neighborhood. Carin Offerman, 3826 Cherry Avenue, stated even though everyone does not feel it fits into the neighborhood, she would encourage the City Council to continue to work with the applicant on this project. Offerman stated if they feel the drainage system will work, that would be improvement. In addition, the higher value homes might be good for the neighborhood. Offerman stated in her view the residents should work with the applicant to be a good neighbor and try to make this as aesthetically pleasing as possible. Paul Taylor, 3883 Cherry Avenue, stated he is attempting to figure out how the developer will get $2.4 million for these seven homes when the surrounding houses, with more acreage than these lots, are appraised at less than $300,000 each. Taylor stated he fails to see how the builder is going to get $2.4 million out of 1.4 acres and seven houses. Taylor commented he may erect a sign on his property saying he owns nine- tenths of an acre and that he'll sell it for a million dollars. Taylor stated in his view it is an eyesore and that he will have to look at it every day. Taylor asked where the front drainage. will go. Taylor pointed out if the driveways are six feet higher than the road, it could go across the road. Struve stated the existing grade does drain to the low spot. It is anticipated the runoff would drain to the north and follow the road. Taylor stated the beach has been used by boaters in the past and asked whether the owners of these lots will be using the beach as their own private dock. If so, buoys should be erected to protect the beach. • Rahn asked how many cubic yards of fill will be brought in., Page 11 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEHALF OFMAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) Gaffron stated he has not seen an actual figure and that they will be using some of the dirt from the pond that will be constructed. Gaffron stated it is doubtful that will be enough fill to grade around all the houses. Holmers stated Mark Gronberg feels it will be sufficient. Holmers indicated it is his understanding the southern two or three lots do not need much grading and that they will be able to use the dirt from the basements and the pond. McMillan asked if that would be good quality fill. Holmers indicated that has yet to be determined. McMillan asked if there are any wetlands on this property. Holmers indicated there are no wetlands on the property. C'j Steven Englund, 3855 Cherry Avenue, stated it was wetlands at one time and then filled in; which would not be allowed in today's settings. Englund stated he would like to know what it was filled in with and that it should be checked with soil borings. • Englund stated he is also confused on the setback for the first lot and asked what the setback would be. Gaffron indicated it would be 15 feet from the county road and that the City was given an exemption a number of years ago from the state statute. Englund commented it appears that they are picking and choosing which statutes to use. Gaffron stated the statutes relating to the setbacks from a county or state road were all chosen by the state and the City a number of years ago and that the City was granted an exemption from the 50 -foot setback. When it was brought to Staff s attention that there was this wording in the state statutes, Staff investigated it and found that the City was granted an exemption from the 50 -foot setback and that they have always granted a 30 or 35 -foot setback in similar situations. Englund asked why it is not a 30 or 35 -foot setback in this case. Gaffron stated that lot essentially has two fronts and that the street is considered a side street, which requires a 15 -foot side street setback. Gaffron indicated that leaves them 25 feet for a house width on that lot. Englund commented 15 feet off County Road 19 is not an ideal place to live. Printup commented in his view this development does change the character of the neighborhood and that he is tempted to make a motion to table this application but that he would like to come to some kind of • conclusion on this application tonight if possible. Page 12 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEHALF OFMAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) McMillan stated she personally would like to see a landscape plan given the amount of structure and grading that is being proposed for this area. Mattick stated the grading plan was initially required to handle the water runoff, and if implemented, it would alter the natural character of those lots and the City Council can then determine whether a landscape plan should be required. When you are dealing with water, there are things such as rain gardens and other amenities to help with the runoff. Mattick stated trees and other landscaping may not directly impact the flow of the water, so the City Council will need to find there is a connection between the grading plan and a landscaping plan. Rahn stated he would like to see what the design of the home would look like if you use the existing grade. Rahn stated in his view they-.should not establish a new grade and that it is likely that will impact the height of the proposed homes. McMillan commented she would also like to see that. Rahn stated he would also like to see the elevations from the street in conjunction with how the homes • would sit on the lots. Rahn reiterated he would prefer to use the existing grade rather than a new grade. McMillan indicated she is in agreement with using the existing grade. Gaffron noted the draft resolution establishes a new existing grade and that Staff would want to add some language that clarifies that issue. McMillan commented the developer needs to understand that there will be limitations on the height of the home as well as the amount of square footage. McMillan stated a landscape plan would help illustrate how everything would fit on this site and that she would like to table the application and then review it again after that has been submitted. Rahn stated it is difficult to try and decipher how the homes will fit on the lots with the two different methods of measurement. Franchot indicated he is in agreement with Mayor McMillan and Council Member Rahn and that it appears the applicant will need to comply with existing grade. Franchot stated he would encourage the applicant to review his plan to make sure that it will still work utilizing existing grade. Franchot commented he likes the idea of a landscape plan to help give an appreciation of what will be on the site. Holmers stated at that point they would then just apply for a single building permit at a time. Gaffron asked whether any special conditions would need to be attached to that building permit absent a comprehensive grading plan. Mattick stated if the applicant is not granted a conditional use permit and the applicant applies for separate building permits, they would need to deal with existing grade and they would need to show at the Page 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 7:00 o'clock p.m. (4. #12 -3546 TODD HOLMERS ONBEHALF OFMAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) time of applying for the building permit how they will deal with the drainage. If they can do that without a comprehensive grade plan, the building permit would be issued. Rahn asked whether the applicant would rather have it denied rather than tabled. Hohmrs stated he would need to consult with the other members of his group. Printup moved, Rahn seconded, to table Application #12 -3546, Todd Holmers on behalf of Maple Place, LLC,1545 Maple Place. Gaffron noted this application has a 60 -day review period that expires May 4t''. Within the next day or two Staff will be sending a letter to the applicant extending the review period to` 120 days. VOTE: Ayes 5, Nays 0. CITY ENGINEER'S REPORT Struve stated he has nothing to report. MAYOR/COUNCIL REPORT Franchot reported Mayor McMillan, City Engineer Struve, City Administrator Loftus, and himself attended another meeting with the Long Lake Utility Task Force. Franchot commented the task force is making progress on developing a document that memorializes all of the infrastructure connection points underground. There are currently 350 sewer hookups contained in the fire station agreement and the task force will be discussing that at the next meeting. Franchot stated one of the issues before the Lake Minnetonka Communications Commission is that there are huge tracts of land where residents have no availability to cable because the cable company does not feel it will make a profit expanding service to those areas. The LMCC is looking at expanding a couple of test sites for YMax technology. While that technology will not completely solve the problem due to the broadband restrictions, it. would give some people the ability to sign up with Mediacom. McMillan asked for the definition of YMax. Franchot stated YMax is similar to WiFi but has greater range and performs better outdoors. Franchot indicated it is similar to what the City of Minneapolis has recently installed. • C] McMillan thanked Jan Callison of Hennepin County for helping Orono obtain the grant for the Crystal Bay playground equipment. McMillan noted the new equipment will be purchased sometime this summer. 0 Page 14 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 • 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT 5. YEAR -TO -DATE GENERAL FUND BUDGET INFORMATION Ron Olson noted it is the end of the first quarter and that at this time of the year he likes to see expenditure numbers at approximately 25 percent. Olson noted revenue numbers are typically low for this time of year since the City does not receive any tax payments until June 20th. In July the City will receive the other third. By the end of the year, the City should be at about 98 percent of its revenues. At the present time the City has received 6.3 percent of its revenues, which is normal for this time of year. Olson noted building permits are already at 28 percent, which is a good sign. Olson stated the graph shows first quarter revenues over the past two years. Revenues are a little lower this year than last year but they are expected to go up over the next three quarters. Olson stated overall expenditures are currently at 22.89 percent for the quarter. The majority of the departments are around or under 25 percent.cThe slight overages in some of the departments are due to annual membership fees or training. Olson noted the golf course opened in March due to the nice weather but that it is too early to tell what the revenues will be for this year. McMillan stated she would like to have a dollar comparison for this year to last year's revenues and expenditures. Olson indicated he will do that for the second quarter. McMillan asked if the golf course has its own website and domain name. Olson stated the golf course is included on the City's website. McMillan commented it might be a good idea for the golf course to have its own domain name and website, especially given the upcoming construction in that area. Olson stated they can obtain a domain for between $25 and $50. CITY ATTORNEY'S REPORT City Attorney Mattick had nothing to report. *6. LICENSES AND PERMITS None • Page 15 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2012 7:00 o'clock p.m. • *7. BILLS Bremer moved, Franchot seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CLOSED MEETING 8. PERFORMANCE EVALUATION FOR CITY ADMINISTRATOR Bremer moved, Rahn seconded, to adjourn the Orono City Council meeting at 8:54 p.m., to enter into closed session. VOTE: Ayes 5, Nays 0. (The City Council went into closed session from 8:54 p.m. to 10:03 p.m.) ADJOURNMENT Bremer moved, Rahn seconded, to adjourn the Orono City Council meeting at 10:04 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Lili Tod McMillan, Mayor • Page 16 of 16