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HomeMy WebLinkAbout05-14-2012 Council Minutesr • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 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, City Engineer/Public Works Director Jesse Struve and City Attorney Soren Mattick. Mayor McMillawcalled the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA Item Nos. 11, 13, 14, 15 "17 -23 were 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. COUNCIL WORK SESSION OF APRIL 23, 2012 Bremer moved, Franchot seconded, to approve the minutes of the Orono City Council work session of April 23, 2012, as submitted. VOTE: Ayes 5, Nays 0. *3. REGULAR COUNCIL MEETING OF APRIL 23, 2012 Bremer moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of April i3,2012, as submitted. VOTE: Ayes 5, Nays 0. *4. RECONVENED LOCAL BOARD OF APPEAL AND EQUALIZATION OF APRIL 30, 2012 - Franchot moved, Rahn seconded, to approve the minutes of the reconvened Local Board of Appeal and Equalization of April 30, 2012, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 5. Milfoil Weevil Study Craig Dawson, Eric Fieldseth, Courtney Marquette, and Sherry White of the Minnehaha Creek Watershed District, were present. Page 1 of 16 NIINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. • (S. Milfoil Weevil Study, Continued) Dawson noted he has recently been appointed as director of the Minnehaha Creek Watershed District's AIS program. Aquatic invasive species are non - native species that can cause ecological, economic, and human health harm. Currently zebra mussels and Eurasian water milfoil are a top priority. The Watershed District is interested in finding more tools to combat the AIS problem. The water milfoil harvesting and chemical treatment for milfoil need to repeat on a regular basis. Dawson stated one of the methods for controlling milfoil is the use of weevils, which are self - sustaining. The MCWD currently has three weevil project locations on Lake Minnetonka. It is anticipated to be a three year project with a total cost of $275,000. Marquette stated the MCWD plans on placing 20,000 weevils in Veterans Cove sometime at the end of May or the first of June. An inspection of Lake Minnetonka will also be conducted in the near future to determine the status of the milfoil. Franchot asked what weevils eat. Marquette indicated the weevils only eat milfoil. Franchot asked why they need to test the lake if the weevils only eat milfoil. Marquette stated there are some weevils already in the water but there needs to be a significant number. of • them to deal with the milfoil. The MCWD does have some lakes that have been experimenting with weevils for more than 10 years. The Watershed District would like to try the weevils in other lakes to see if it would help with the milfoil problem on Lake Minnetonka. McMillan asked whether the milfoil in the project areas would also be harvested. Marquette indicated there would not be any harvesting in those areas and that they are attempting to concentrate weevils in one area to help with the milfoil. The idea is that once the number of weevils are self - sustaining, they will control the growth of the milfoil over the long term. McMillan asked whether the MCWD will be speaking with the LMCD about not harvesting in those areas. Marquette stated they will be speaking with the LMCD. Marquette indicated they are contemplating placing a line of buoys to protect the shoreline and to prevent any boats from pulling up to the shore in the study areas. McMillan commented it would be helpful to have the MCWD map out the study areas and the areas that can be harvested and then provide that to the City as well as the LMCD. Marquette stated they are only permitted to use plants from Christmas Lake in her testing to prevent any zebra mussels from entering her lab. Rahn asked how long it would take to measure the results. • Page 2 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 • 7:00 o'clock p.m. (S.• 'Milfoil Weevil Study, Continued) Marquette indicated they hope to have some results by August or September. Marquette indicated the milfoil problem may appear to be getting worse in Veterans Cove before it gets better due to the time it takes to get the weevils established. McMillan asked if the MCWD has a time commitment to this project or whether it will be done on a year - by -year basis. Marquette indicated the MCWD has approved the project for this year, and that if all goes well, they will be seeking approval for the project to be continued next year. Printup asked how the other lakes look that have been using the weevils., Marquette indicated they do experience swings in the weevil population depending on the amount of milfoil in the lakes and that it takes some time to bring the weevil population back up to adequately deal with the milfoil. McMillan asked where the weevils go in the winter. Marquette indicated they hibernate up near the drier areas of the shoreline. The weevils are driven by the temperature of the water in the spring. When the water gets warmer, the weevils will go back out into the . deeper areas of the lake. LMCD REPORT - ANDREW MCDERMOTT, REPRESENTATIVE McDermott reported the LMCD declared a low water emergency for Lake Minnetonka approximately one month ago. Since that time the lake has gone up above the emergency water level but the LMCD has elected to keep the low water emergency in effect since the lake is only about six inches higher and is approximately a foot below average for this time of year. The LMCD is anticipating the water level will drop back down in the middle of the summer. The LMCD has received a number of applications to extend docks as well as applications for multiple docks. The LMCD will be conducting spot checks to determine what is occurring in those areas. The majority of the homeowners have been fairly conservative in extending out their docks. McDermott stated the City Council should have received the proposed 2013 LMCD budget and noted that the LMCD is asking for an increase of .9% from Orono. McDermott indicated he is a proponent of increasing the budget since money has been coming out of reserves over the last few years and the reserves are not being replenished. McDermott noted the new harvester was bought with money from the reserves and that the rest of their harvesters are between five and ten years old. A work session will be held in June to discuss the budget further and Orono's city administrator has been invited to attend that meeting. The LMCD's budget is based on the net tax capacity of the City. The City of Minnetonka currently pays $66,000 a year, with Orono contributing $58,000. • McMillan asked whether there is any proposal to increase the AIS budget. Page 3 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. (LMCD REPORT, Continued) McDermott stated the 2013 budget includes a floater that can either be used for boat inspections, milfoil treatment, or any other issue that may arise during the year. The money was originally slated for inspections but the LMCD is questioning whether the incoming boats need to be inspected as much as they have been in the past. McDermott reported that the LMCD has received a proposal from two individuals regarding setting up a small convenience store on Lake Minnetonka near Big Island. The store is proposed to be a floating platform, similar to a dock, that would be located approximately 60 -70' from the shore of Big Island. The store would be on the lake all day and they would sell items from the platform. The individuals have indicated they would like to donate money to the Save the Lake Fund. They would be selling ice cream, ice, prepackaged deli and express sandwiches. McDermott commented the proposal has not been well thought out at this stage but that they are in the process of finalizing their plans. The LMCD directed the individuals to speak to the Save the Lake committee and took no formal action on the proposal at this point. McDermott stated the individuals were also directed to speak with Orono staff about their proposal. McDermott indicated there were questions regarding electricity, staff, and how the food items would be kept cool, but that the two individuals have not looked at those issues at this point. McDermott indicated it is unlikely the floating store will be in operation this year. .7 Gabriel Jabbour, 985 Tonkawa Road, indicated he owns property on Big Island and that he is Orono's • custodian of Big Island. Jabbour stated for over 50 years people have wanted to operate a similar business. Last year a young lady wanted to sell food. Jabbour indicated the LMCD Ordinance Committee, of which he is a member, refused to allow it. In addition, the county assessor indicated he would need to collect taxes on that enterprise. Jabbour stated he has an issue with this proposal being sent to the Save the Lake Committee, which is a fundraising committee, and not to the ordinance committee. Orono currently has the right to have 854 boats on Big Island. In 1985 -1986, Big Island was rezoned to five acres, which prevented additional homes from being built in certain areas of the Island. The historical goal of the City has been io be a conservative residential community and that the LMCD and the City have taken steps to preserve the land for generations to come. Jabbour stated there have been a number of attempts over the years to commercialize Big Island, which have failed. McMillan expressed concern over the attempts to commercialize certain areas of Lake Minnetonka and noted that there are some new members on the LMCD that may not understand the extent of the impact an operation such as this would have on the lake. McMillan commented if one operation is allowed, other similar operations would likely have to be allowed. Jabbour stated the City's first responsibility is public safety and that the sheriff is also opposed to the retail operation on the lake given the number of boats that would be converging in one area. Rahn asked what the goal of the LMCD was to send the proposal to the Save the Lake Committee. McDermott indicated it was to help the .individuals put together a proposal and to address some of the issues that were raised. The LMCD could not formally vote on the proposal in its present form. Franchot asked if the City Council is being asked to do anything at this point about the proposal. • Page 4 of 16 • MES UTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. (LMCD REPORT, Continued) McDermott indicated the City Council can provide comment on whether they feel it would be a good or bad idea. McMillan stated she would like a formal motion from the City Council to send to the LMCD. McMillan commented that Big Island is a wonderful amenity and that the City would like it to be safe, passive use, and clean. McMillan stated she would like the LMCD to understand the negative impacts that a retail store on the lake would have. Mattick stated to his understanding commercial activity on the lake is not currently supported by LMCD code. Mattick stated in his opinion sending a motion to the LMCD supporting the prohibition of commercial activity on water would be appropriate and that he would need to look at the LMCD code and easements and how they would apply to the situation. Jabbour stated he would encourage the LMCD to stay the course on preserving the rural character of the lake. Jabbour encouraged the LMCD to review "Orono's comprehensive plan and historical practice as it relates to the lake. Jabbour noted he has removed over 200 tons of garbage off of Big Island over the years. McMillan commented the LMCD controls surface water and that this is a policy issue that should stay at the board level. • Rahn asked whether it would be better to draft a letter and send it to the LMCD since that would give Orono an opportunity to better define their opposition to this proposal. Bremer commented she does not feel a motion is necessary since the City Council members have already expressed their opinion on this proposal. McDermott stated in his view a formal document from the City would be helpful. McDermott pointed out the proposal would also have to go before the Three Rivers Park District. Jabbour commented that Orono is a community leader and that they should be outspoken about the City's philosophy. Printup moved, Rahn seconded, to advise the LMCD that the philosophy of the City of Orono is to be protective of Big Island, its natural resources and passive nature, and that the City is not interested in commercial activity and vendor sales around Big Island and its other natural resources. Ayes 5, Nays 0. Denise Reilly, 3405 High Lane, asked about the .9% increase in Orono assessment. Reilly stated under current statutes the City receives some percentage of the fines that are collected in Orono but that to her understanding the LMCD does not have the same ability to collect fine revenue. McDermott noted the LMCD does receive some fine revenue from tickets issued on the lake. • Reilly commented she would be interested to know which fines generate revenue for the LMCD since she has been told by law enforcement officials that the LMCD does not receive any of that revenue. Page 5 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. (LMCD REPORT, Continued) McDermott stated he does know that fine revenue was up last year but that he is not sure which fines generate that income for the LMCD. PUBLIC COMMENTS Kahler Nygard, 13 86 Rest Point Road, made an appearance as a representative of Perra Pertoma and commented that he found the discussion concerning Big Island interesting and that he is worried about being harassed by undercover police officers if he should visit Big Island this summer given tonight's discussion. Nygard stated there should be some information given to the officers asking them to lay off the residents of Orono since they are just there to have a good time. He also commented that it was interesting that you could buy out the LMCD and wasn't aware it was for sale. Nygard stated he is here tonight to deliver a subpoena to the official representatives of the City of Orono regarding a defamation case that occurred last November. Nygard indicated he is here to serve a subpoena on Mayor McMillan, David Rahn, Cynthia Bremer, Aaron Printup, Doug Franchot, Soren Mattick, Jessica Loftus, Melanie Curtis, Michael Gaffron, Andrew McDermott, Jackie Young, Denise Leskinen, Jared Ward, and Lin Vee. C] McMillan noted that Melanie Curtis, Jackie Young, and Jared Ward are not present tonight and that Andrew McDermott had already left the meeting. • Nygard commented that he wanted to make sure the youth aren't being harassed because there has been a lot of harassment of youth and noted he is a sovereign. He asked that their rights be respected and agents be informed of their duty to protect their oath because perjury is a big crime. PLANNING COMMISSION COMMENTS — LIZZ LEVANG, REPRESENTATIVE Levang reported the Planning Commission held its work session on May 2 and that they discussed the Navarre area. Planner Gaffron gave an update on what is happening with the Navarre committee. The Planning Commission also looked at the Maple Place'project. At the upcoming May Planning Commission meeting there will be another hearing on the dock issue as well as two bluff applications and a variance. The Planning Commission will also be going on a tour of the City this summer to look at projects the Planning Commission has reviewed and how they have turned out. PLANNING DEPARTMENT REPORT *6. #11 -3534 ARTHUR J. NELSON ESTATE, 400 WILLOW DRIVE SOUTH - PRELIMINARY PLAT - RESOLUTION NO. 6137 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6137, a Resolution Approving a • Preliminary Plat for the Property Located at 400 Willow Drive South: VOTE: Ayes 5, Nays 0. Page 6 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. 7. #12 -3546 TODD HOLIVMRS ON BEHALF OF MAPLE PLACE, LLC,1545 MAPLE PLACE - CONDITIONAL USE PERMIT - RESOLUTION NO. 6138 Todd Holmers, Applicant, was present. Gaffron noted this application was tabled at the April 23rd City Council meeting after a lengthy discussion relating to drainage concerns, traffic impacts, congestion issues, and impacts on surrounding property values. The Council requested the applicant review the proposed building height impacts if they are calculated based on pre- existing grades and present a landscape plan. The applicants have submitted a revised set of elevations for floor levels and have determined that out of seven total lots, five lots can have basements that are lower into the ground and less in height. The new proposal results in five of the seven lots meeting the 2 -1/2 story limit. In addition, the proposed homes on the northerly five lots are proposed to be sunken deeper into the ground, leaving only Lots 8 and 9 with ` defined heights in excess of the 30 -foot limit. The applicant is requesting that for Lots 8 and 9, the final proposed grade be used for calculating building heights and story determinations. The alternative is that Lots 8 and 9 will have homes in which the upper level is reduced to meet the half -story definition and room heights and/or roof pitches lowered to meet the defined height limit of 30 feet. Gaffron noted the resolution before the City Council does not contain language that would grant a new grade for Lots 8 and 9 and would, in effect, be the same as granting a height variance. Gaffron noted the neighborhood residents had a meeting with the applicants last week. The applicants • have provided minimal landscape plans. In addition, the two house depictions shown tonight illustrate some landscaping but Staff is unsure whether that is exactly what is being proposed for those lots. Gaffron noted the applicant is proposing seven new individual homes as part of this application. An overall grading plan has been submitted and approved by the City Engineer. The grading plan does address the stormwater issues but does not necessarily establish new grade for each of the lots. Franchot asked why it wouldn't work to dig the hole deeper and drop the house down. Gaffron indicated it has to do with the outlet elevation for the existing culvert in the right -of -way and drainage into the catch basin and then to the outlets located at the beach. The applicant is not allowed to have an elevation below the level of the opening into the basement due to floodplain issues. The majority of the homes are proposed to be lookouts. McMillan asked if the applicants are proposing to keep the same grading plan as was originally proposed. Gaffron indicated they are. McMillan asked if the applicants still require the conditional use permit. Gaffron indicated.-they will require a CUP. If the conditional use permit is not granted, the applicants will need to meet the standards for each individual lot. Struve stated given the amount of drainage into the low area, if the drainage is done on an individual lot basis, it would be next to impossible to meet the storm water regulations, which is why it is being done • over the entire site. Page 7 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7 -00 o'clock p.m. (7. #12 -3546 TODD HOLMERS ONBEHALF OF MAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) Rahn stated since the drainage is an important component to this project, it would be better if they followed an overall grading plan, and that he agrees with the resolution as written in that regard. Rahn noted the building height would be determined at the time the building permit is applied for and would require a separate variance if the height of the house exceeds the City's standards. Rahn stated in his view the building height is a separate issue from the conditional use permit. Rahn noted the City does not have the ability to reduce the number of homes being proposed and that the building height will need to be addressed at the time of building permit application. McMillan asked whether the storm water component needs to happen first before building permits are issued. Struve indicated the applicants could possibly construct one or two homes on the higher end of the site Gwithout impacting the storm sewer, but the applicants would need to demonstrate that it would not be. f 'impacted. McMillan asked if the City Engineer would prefer that the grading on the entire site be completed prior to any home construction. Struve stated that would be the best option. . Mattick stated if someone were to build on the southern end, they would need to demonstrate that the drainage is workable prior to construction of the residence. Mayor McMillan opened the meeting to allow for public comment on this application. Amy Herman, 3825 Cherry Avenue, stated they have had a neighborhood meeting and that she would like to submit her notes to City Staff regarding that meeting. There were 15 people in attendance, including Mr. Holmers and City Council Member Rahn. Mr. Holmers was asked a few times to consider reducing the number of homes being proposed but repeatedly said that they are unable to do that due to economic reasons. Herman stated Mr. Holmers did indicate they have a buyer interested in Lot 7, which is the lot closest to the access to the beach. Mr. Holmers stated he does not have any concerns regarding the small lot size and storage of boats and other items. He also did not have any concerns about any negative impacts this development may have on the surrounding home values. Herman noted that the lot located at 3925 Cherry Avenue is listed for sale even though the applicant has indicated he would be living on that property. Herman noted the main concerns of the neighbors relate to the number of homes being proposed and the impact it will have on the surrounding homes, the high traffic levels that will be generated, the narrowness of the street, on street parking, lack of storage on the property for boats, vehicles, and other recreational equipment, drainage into Lake Minnetonka. The neighbors would like to see the number of homes reduced to three, with the homes being higher quality. Herman noted she is opposed to the project: is Paul Taylor, 3883 Cherry Avenue, stated he would be fine with three homes and that he was somehow left out of the loop at the time the applicant changed his proposal to seven homes. Page 8 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. (7. #12 -3546 TODD HOLMERS ONBEHALF OFMAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) Rahn noted the City Council also was not aware of the change and was originally told there would only be three homes. Rahn stated the City Council did not hear of the change until sometime this spring. Taylor asked whether the applicant was told that he could not combine the seven lots. Gaffron stated the applicants are using existing lots of record; and if the lots are combined, they would need to meet the half acre standard. Gaffron indicated the applicants were not turned down on combining the lots but that they would need to meet the half acre standard, which the applicants have elected not to do since the time of their original proposal. Taylor asked whether they would be able to construct three homes. McMillan indicated they would be allowed to construct three homes. ,:�. Gaffron noted the applicants were granted preliminary plat approval last fall but then the applicants elected not to go ahead with that plan and instead proposed seven homes. Taylor asked about the waived setback from the county road. • Gaffron stated in 1992, at the time the City adopted its shoreland ordinances, the state model ordinance required a 50 -foot setback from county roads. The Orono area has a number of county roads serving homes on both sides of the road and Orono's standard for a half acre is a 30 -foot front setback. If the City was required to meet the 50 -foot setback, that would have resulted in a large number of homes becoming nonconforming. The 30 -foot setback also allows redevelopment in the same manner that the City has had for at least 20 years. Taylor commented the City should approach the state about allowing homes to be constructed on lots that are less than 6,000 square feet in area. Mattick stated back in the 1990s, the state would have required small lots to be combined prior to construction. In the early 2000s, the property owners complained about the economic impacts that combining lots had on their ability to develop their property and, as a result, in 2009 the state changed the statutes and did not require combination of small lots as long as they meet some minimum requirements relating to setbacks, lot coverage, septic /sewer, etc. Taylor stated he and his wife are opposed to this project as proposed. Steve Englund, 3855 Cherry Avenue, stated he and his wife, as well as his brother and his wife, are definitely opposed to this project and that it comes down to the density. Englund commented that other developments in Orono do not look like this and that he is concerned about the lack of people wanting to purchase these small lots and how that will impact their property values. Englund asked how something that Orono was granted in 1992 can overrule a statute written in 2007. • Page 9 of 16 Jr MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. (7. #12 -3546 TODD HOLMERS ONBEHALF OF MAPLE PLACE, LLC,1545 MAPLE PLACE, Continued) Mattick stated in 1992 the City requested the exemption from the state, which was approved. At that time the City was required to submit a shoreland ordinance that required approval from the state. In that ordinance was a request to be exempt from the 50 -foot setback, which was granted. Englund reiterated that this application is proposing too many houses in a small area and that there are only four homes on the same amount of land across the street. Taylor asked what kind of fire hazard will be posed to the other homes in this development given their close proximity. Gaffron stated Fire Code requires a 20 -foot separation between buildings and that he does not see it as an issue. Nick Williams, 3843 Cherry Avenue, stated as it relates'fo setbacks, the City of Orono does not have buildings that are located 20 feet from each other and that the main issue is the density being proposed. Williams noted the applicants are also requesting a height variance and a grading variance on top of the density and that he and his •wife are opposed to the project. . • McMillan asked how far the City Council can go with the legal argument of this project not fitting into • the character of Orono or the neighborhood. Mattick stated what is before the City Council at this point is a conditional use permit for grading and that they are not reviewing building plans at this point. Mattick noted when the applicants submit their plans, they will only be requesting a building permit. If the applicants request a height variance, the City Council could review it at that time. Rahn commented it is unfortunate that the City Council is not able to debate density. Rahn stated if the applicants did not need to conduct any grading work, they would not have had to come before the Council. Mattick stated if this proposal was for a single lot and they were requesting the lot be subdivided, that would require a different type of review. Mattick noted that recent legislation allows the applicants to maintain the seven lots and construct on them, which unfortunately is not consistent with other developments in Orono. Printup stated he is comfortable with the resolution as presented but not comfortable with the seven homes rather than three. Printup noted the City Council is only looking at the conditional use permit at this point, but that the resolution states the calculation of the number of stories and defined building height for all seven proposed homes shall be based on the pre - existing grades. Printup indicated he would not be comfortable with changing the number of homes that need to comply with the existing grade requirement. Printup moved, Rahn seconded, to adopt RESOLUTION NO. 6138, a Resolution Granting a • Conditional Use Permit for Land Alteration Pursuant to Sections 78 -966 and 78 -968. McMillan asked how long approval of the preliminary plat would be good for this application. Page 10 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. . (7. #12 -3546 TODD HOLMERS ONBEHALF OFMMPLE PLACE, LLC,1545 MAPLE PLACE, Continued) Gaffron noted preliminary plat approval is good for -one year from the date of approval, which was last fall sometime, and that the applicants would be able to go back to that plan if they so choose and seek final plat approval prior to that one year expiration. Ayes 5, Nays 0. *8. #12 -3549 MARGARET PELTOLA,1550 NORTH ARM DRIVE - AFTER -THE -FACT VARIANCE — RESOLUTION NO. 6139 Bremer moved, Franchot seconded, to adopt RESOLUTIONNO.6139, a Resolution Granting a Variance to Municipal Zoning Code Section 78 -330, for the Property Located at 1550 North Arm Drive. VOTE: Ayes 5, Nays 0. 9. #12 -3550 KEVIN AND DENISE REILLY, 3405 HIGH LANE - SUBDIVISIONXINAL PLAT - RESOLUTION NO. 6140 Denise Reilly, Applicant, was present. Gaffron stated the applicants are requesting final plat approval for a subdivision located on High Lane. • Preliminary plat approval was granted on January 14, 2008. The applicants have been granted four extensions to the effective period of preliminary plat approval, with the current extension in effect until January 14, 2013. The applicants are proposing to subdivide the existing 7.6 acre parcel into two residential lots. Lot 1, consisting of 2.37 acres, will be a new vacant lot accessing off of Graham Hill Road, and Lot 2, consisting of 4.78 acres and the existing residence, will continue to access of of High Lane. The applicants are also proposing the creation of a private road outlot 50 feet in width and averaging 370 feet in length for the continuation of the right -of -way of High Lane. No upgrade of this private road is required since no additional residential lots will be served by High Lane. The preliminary plat approval requires that the standard drainage and utilities easement be granted over the road outlot as well as the standard covenants. A conservation easement will also be given for protection of steep slopes, woodland and open spaces on the property. The majority of the remainder of the lot consists of open field. There are no wetlands on the property. Proposed site grading plans and MCWD storm water management approvals will be required at the time a residence is proposed to be constructed on Lot 1. The subdivision is subject to the standard park dedication fee and stormwater and drainage trunk fees. The applicants have expressed concern regarding the amount of the stormwater and drainage fee. r Staff recommends approval of the resolution. Printup asked what Orono's past practice has been regarding the fees. • Page 11 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. U (9. #I2 -3550 KEVINAAD DENISE REILLY, 3405 HIGHLANE, Continued) Gaffron stated that the fees have been consistently required on other developments through the City. Gaffron provided a history of all single family subdivision developments in Orono since 2002. In all situations the City has charged fees on the entire property. McMillan confirmed that that policy has been applied consistently by the City. Denise Reilly, applicant, indicated that the existing home was constructed in 1912 at the time the Luce Line was constructed. Reilly stated her parents bought the house in 1972 and that she then bought it in 1989. Reilly commented they love living in Orono with all the open spaces and that they are more than agreeable to pay the park dedication fee. Reilly commended Orono Staff for their work on their application. Reilly noted that George Stickney bought the adjoining Graham property and developed it into 13 home sites. At the time Stickney did his subdivision, he paid over $122,000 in stormwater and drainage fees. Reilly stated they were shocked at the amount of the stormwater fees being charged for their development. Reilly noted the City's fee schedule states, new development land use, and then up above that it says in the second line that the trunk fee is based on the land use and acreage for the property being developed. Reilly indicated she is a lawyer by training and that in her current position she does a lot of reading of • statutes and ordinances as well as interpreting them. The first rule on legal interpretation is to look at the plain meaning of the language. Reilly stated she went to the dictionary and looked at the definition of the word new, which means having come recently into existence; and development means altering the landscape in any number of ways. Reilly noted they are not altering anything on the homestead and that they will, in fact, continue to live in it. Reilly stated the City's current interpretation does not make any sense because when they originally developed their property, they did it in such a manner that in the future under Orono's current zoning they could once again subdivide the remaining portion into two lots. Given how the City interprets its code, that means that at the time they create these two lots, they would again have to pay a new development fee. Reilly stated in her view they should only have to pay fees on the 2.37 acres and that they should not have to pay fees on the lot containing the residence since that is an existing lot. Mattick stated he is not aware if the ordinance defines what new development is beyond what was referenced by Ms. Reilly, and that if the ordinance were applied to the whole parcel originally, then that parcel would be paid for and would not constitute new development. Mattick stated he does not believe the City would charge the storm water fee again. Mattick noted he has not done an analysis of the complete ordinance. Gaffron stated the City would not charge the property again for storm water if it has already been paid. Reilly stated with respect to the language that states the trunk fee is based on the land use and the acreage of the property being developed, that language is not ambiguous. Kevin Reilly stated with respect to Staff s interpretation of the statute, simply because the south lot has is been redefined as a result of the subdivision, that should not constitute another development. Page 12 of 16 • MEWTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 .7:00 o'clock p.m. (9. #12 -3550 KEVINAND DENISE REILLY, 3405 HIGHLANE, Continued) McMillan commented it appears the Reillys have paid a trunk and drainage fee on the first development as part of preliminary plat approval. McMillan noted this is not a lot line rearrangement and is a subdivision. Gaffron noted they are creating two new lots, which are different lots than what existed. Gaffron noted one of the lots did not exist before and that the City has consistently charged the stormwater fee on developments similar to this one. Gaffron indicated if they were rearranging the lot lines, they would not be charged a stormwater fee. Mattick indicated he is reluctant to give an opinion on the fly and that he would like to review the ordinance and provide a response. Mattick noted the City has consistently charged the fee on other similar developments through the years and that the applicants are questioning whether that statute has been correctly interpreted. Mattick stated the City Council can either table this application until the next council meeting or give the applicants the option of paying the fee once the application is approved until a determination is made on this issue. Reilly stated they are fine with waiting two weeks but that they will, be closing on the property in June. Mattick stated he will conduct his analysis and provide it to the applicants prior to the next city council • meeting. Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6140, a Resolution Approving the Plat of Graham Hill Preserve, Second Addition, 3405 High Lane, subject to payment of the standard fees until a determination is made by the City Attorney on the storm water fee, with the applicants having the right to come back before the City Council to contest the fee if they are in disagreement with the City Attorney's recommendation. VOTE: Ayes 5, Nays 0. *10. #12 -3553 CRAIGBANK HOLDINGS, INC., AND LONGRIDGE ASSOCIATES, 1700 FOX STREET - LOT LINE REARRANGEMENT - RESOLUTION NO. 6141 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. , a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at and Adjacent to 1700 Fox Street. VOTE: Ayes 5, Nays 0. *11. JOHN CROTTEAU,1405 SIXTH AVENUE NORTH - REQUEST FOR AMENDMENT TO CONSERVATION EASEMENT Bremer moved, Franchot seconded, to approve an amendment to the conservation easement for 1405 Sixth Avenue North to allow construction of a dock to the southwest. VOTE: Ayes 5, Nays 0. 12. PLANNING COMMISSION APPLICATIONS McMillan noted this item can be carried over to the City Council's work session. • Bremer stated she would like to have the item tabled until the City Council has an opportunity to speak with the third candidate. Page 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. OZ PLANNING COMMISSIONAPPLICATIONS, Continued) It was the consensus of the City Council to place this item on the May 29th City Council work session agenda. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT Struve stated he has nothing additional to report. *13. CARMAN BAY SHORELINE RESTORATION PROJECT AWARD Bremer moved, Franchot seconded, to award the Carman Bay Shoreline Restoration Project to Sunram Construction, Inc., in the amount of $76,357. VOTE: Ayes 5, Nays 0. *14. PARK EQUIPMENT GRANT AGREEMENT Bremer moved, Franchot seconded, to accept a sports equipment grant from Hennepin Youth Sports Program, and to authorize Staff to sign the agreement for Orono Crystal Bay Park playground equipment, and to authorize the purchase of the equipment from the state contract. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT McMillan reported that her and Jesse Struve met with Eric Evenson and Becky Houdek of the Watershed District to discuss upcoming capital improvement projects. Some discussion was had regarding silt fencing and what steps the Watershed District should be doing to reach out to cities. McMillan indicated she recommended the Watershed District meet annually with each city on potential stormwater projects or issues each city is facing. CITY ADMINISTRATOR'S REPORT *15. ACCEPT DONATION FOR BIKE RACK - RESOLUTION NO. 6147 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6147, a Resolution Acknowledging a Donation from Gear West Bike & Triathlon and York Realty. VOTE: Ayes 5, Nays 0. 16. BANNER DESIGN REQUEST FOR NAVARRE :w., . • U Kelly Gillespie, Vice President -Elect of the Greater Mound Westonka Business Chamber, stated there has been a slight change to the banner. The word Navarre will be at the top and the business name at the bottom. The banner will be two- sided. The Cities of Mound and Spring Park have already approved the banner and they will be working with them on erecting and taking down the banners. Gillespie • commented there has been a lot of interest in the banners from the Navarre area already. McMillan asked if the businesses pay to have their name listed on the banner. Page 14 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. (I6 BANNER DESIGNREQUEST FOR NAVARRE, Continued) Gillespie indicated they do and that the businesses that are non - members will have separate pricing. McMillan asked how soon the banners could be erected in Navarre. Gillespie stated that will depend on production time and the city. Jessica Loftus noted the City will incur a nominal fee to rent a lift and that they would like Staff to only commit to half a day in either June or July to erect the banners rather than multiple times. Gillespie noted the deadline for businesses to order the banners is May 29th. There is a year warranty on the banner and the banners will be inspected at the end of that one year to see how they are holding up. Gillespie stated the various businesses have been told not to ask for an exact pole and that the City can decide where to place the banners. Ralph Kempf, 3675 Togo Road, stated early on the City of Orono indicated they would be willing to participate in a couple small projects this year for the Navarre area and that the City is not able to fund any major projects. Kempf indicated it is his understanding that the businesses are paying for the banners and that the City isn't participating in this project. Kempf asked whether by going forward with banners that would have any impact on other projects for the Navarre area moving forward. McMillan stated the City will continue on its current path and that the banners are coming together outside of any involvement from the City. Printup moved, Rahn seconded, to approve the banner design for Navarre requested by the Celebrate Greater Mound Organization. VOTE: Ayes 5, Nays 0. *17. AUTHORIZE RESIDENTIAL RECYCLING GRANT AGREEMENT WITH HENNEPING COUNTY - RESOLUTION NO. 6143 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6143, a Resolution Authorizing Residential Recycling Grant Agreement with Hennepin County. VOTE: Ayes 5, Nays 0. *18. METRO WEST INSPECTION SERVICES, INC. Bremer moved, Franchot seconded, to approve use of Metro West Inspection Services, Inc., to perform plan reviews and building inspections as needed. VOTE: Ayes 5, Nays 0. *19. SAFE ASSURE COOPERATIVE SAFETY TRAINING Bremer moved, Franchot seconded, to approve the proposal from Safe Assure Consultants, Inc., for .. ­ conducting safety training and preparation of the related written programs and documentation at an annual cost of $3,775.00. VOTE: Ayes 5, Nays 0. *20. COURT DATA SERVICES AMENDMENT Bremer moved, Franchot seconded, to approve the Court Data Services Amendment with the MN Bureau of Criminal Apprehension. VOTE: Ayes 5, Nays 0. Page 15 of 16 13 Ia si 1 1 ORONO CITY COUNCIL MEETING Monday, May 14, 2012 7:00 o'clock p.m. *21. PERFORMANCE EVALUATION FOR CITY ADMINISTRATOR Bremer moved, Franchot seconded, to approve the City Administrator compensation adjustment to Step III. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Mattick had nothing to report. *22. LICENSES AND PERMITS TEMPORARY ON -SALE LIQUOR LICENSE 1. Applicant: Pay It Forward Fund Location: 825 Tonkawa Road Date: Sunday, July 15, 2012 Time: 2:00 p.m. - 9:00 p.m. TRANSIENT MERCHANT LICENSE 2. Applicant: Mark Lazarchic/Renaissance Fireworks, Inc. Activity: Sale of Consumer Fireworks Location: 3423 Shoreline Drive Date: June 22 - July 8, 2012 Time: 10:00 a.m. - 9:00 p.m. Bremer moved, Franchot seconded, to approve the above listed licenses. VOTE: Ayes 5, Nays 0. *23. BILLS Bremer moved, Franchot seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. a.- Wei JI1i LTA i �i`► l i-1 Franchot moved, Printup seconded, to adjourn the Orono City Council meeting at 9:14 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk Lill Tod McMillan, Mayor Page 16 of 16 • r� LJ