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HomeMy WebLinkAbout08-26-2013 Council Minutes ' MINUTES OF THE � � ORONO CITY COUNCIL MEETING Monday,August 26,2013 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, Council Members: Kristi Anderson, Cynthia Bremer, Lizz Levang, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, Public Works Director/City Engineer 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 CONSENT AGENDA Item Nos. 4, 5, 12, 13, and 14 were added to the Consent Agenda. Item Nos. 2 and 6 were removed from the Consent Agenda. Anderson moved,Printup seconded,to approve the Consent Agenda as amended. VOTE: 5, Nays 0. APPROVAL OF MINUTES 2. REGULAR CITY COUNCIL MEETING OF AUGUST 12,2013 McMillan requested the minutes be corrected on Page 3 to read that"McMillan noted the City Council meeting will be on November 12 of that week,which is a Tuesday,rather than Monday, and that the City Council will plan on that being the dedication date." On Page 4, under the Big Island Park Report, McMillan requested the minutes be corrected to read: "Jabbour noted two of the trees were located near the city beach and have been removed." Bremer moved,Levang seconded,to approve the minutes of the August 12,2013,City Council meeting as corrected. VOTE: Ayes 5,Nays 0. PRESENTATION 3. THREE RIVERS PARK—PENNY STEELE Penny Steele stated she chose to attend tonight's meeting to introduce herself again to the members of the City Council and that she now represents Orono on the Three Rivers Park Board. Steele requested the City Council call her with any concerns or input they might have regarding Three Rivers Park. Bremer commented she enjoys using the various Three Rivers Parks and trails and those trails are a great amenity to the community. Page 1 of 21 MINUTES OF THE • ORONO CITY COUNCIL MEETING � Monday,August 26,2013 7:00 o'clock p.m. (3. THREE RIVERS PARK—PENNYSTEELE, Continued) Steele stated the parks offer a number of different activities and is a wonderful mix of opportunities for people who are interested in various recreational activities. McMillan noted that Eagle Lake Park and Baker Park have done a number of good things to help promote golf among the youth. McMillan noted there have been some issues with parking for the trail and that she appreciates the advertising and dissemination of information that Three Rivers has done concerning the trails. McMillan stated a number of businesses are also seeing an increase in the number of customers due to people using the trail. McMillan commented there are a number of great recreational amenities in this area in addition to Lake Minnetonka that people can take advantage of. PLANNING CONIMISSION COMMENTS—JON SCHWINGLER,REPRESENTATIVE Schwingler stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Frank Masserano, International Ministerial Fellowship, 2477 Shadywood Road,Navarre, stated they are the property located next door to the property being proposed for development by Mr. Johnson and that he would like to enter the following comments into the record: "Having only received a copy of the proposed sketch plan this past Friday,August 23, 2013,and not having been approached or spoken to by any of the developers or my neighbors, Masserano stated he can only comment based on his initial review of the documents. Masserano stated his concerns are as follows: One,the density. The sheer number of units proposed is staggering and that he can only guess they expect a"push back" and will come back with a more accommodating drastic a plan for the City to consider. Masserano stated the number of units being proposed is unrealistic and will have a huge impact on the traffic. Masserano stated he already has trouble getting into and out of their entrance on Shadywood at peak traffic hours. This development will create significant traffic backup and jams on both Shadywood and Shoreline. In addition,the foliage of a somewhat pristine green area with trees would be devastated. If the owners or previous owners of the property just south of the church are a part of the development group,the City Council can look at what they did to that lot, which is clear cut 100 plus year-old trees without notice to anyone. Page 2 of 21 � MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) The second issue is the noise pollution will be significant, especially for the church's location. The sketch shows a road with just minimum setbacks from the property lines and the development largely surrounds the church's property. It will result in the church becoming an island in a sea of high-density housing, cars,trucks, plus people walking around or near the property lines. Masserano stated the third issue is the air pollution that will be created from the trucks, construction workers, movers, residents' cars and other vehicles that will be continually moving in the area. The rich foliage that contributes to the ambience of Kelly Street and the homes on and offthe lake in the area will be forever changed for the worst. Even if the wetlands are left that mostly separate Kelly from the proposed construction site,this development will still destroy a large area of beautiful and diverse trees and native landscape that provides habitat for many deer and other animals native to the area. Masserano stated one of the reasons the church relocated to Navane was the commercial zoning on Shadywood with the heavy foliage around their property. It seemed to be a quiet and peaceful place for the church's headquarters. The church took steps to retain as many trees as possible, in addition to relocating six to seven of them on the properiy, and also created berms out front to shield the church from the traffic. Masserano stated he would invite anyone from the City who wishes to visit their property to do so. If the property had been surrounded by high-density housing, it would not have been a plus. To change the zoning codes on Shadywood as proposed would negatively impact the long-term plans for the area and would require a completely different approach for the businesses in the area. Masserano stated in his view anything other than a one acre; single dwelling code for the Kelly property would greatly affect negatively the value of homes on Kelly and adjoining streets. This project would impact the larger Navarre business communiTy from a leisurely, lakeside community to a crowded,noisy and stressful"big city"environment that many in the area may not want. Ralph Kempf, 3675 Togo Road, stated the Mayor's comments about how other cities have taken advantage of the opportunities that the trail has brought to them are important. Kempf noted the City of Mound converted their pump house into a little restroom which has now been moved onto the trail. Kempf stated the City of Mound is very good at finding grant money to help them improve their areas. Kempf noted the DNR has created a presentation on rain gardens where it takes the viewer from spot to spot as they learn about rain gardens. Kempf stated the trail helps bring people into the community, and that in his opinion Orono is missing the boat by not bringing that same group of people into the Navarre business center. Kempf stated he wishes and hopes that that will come to pass and Orono will recognize the value of what is happening around them. Page 3 of 21 MINUTES OF THE • ORONO CITY COUNCIL MEETING . Monday,August 26,2013 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT *4. #13-3589 BAUER DESIGN BUILD,INC.,ON BEHALF OF PINE CORNER PROPERTIES,450 OLD CRYSTAL BAY ROAD NORTH—SITE PLAN APPROVAL— RESOLUTION NO.6312 Anderson moved,Printup seconded,to adopt RESOLUTION NO. 6312,a Resolution Granting Site Plan Approval Pursuant to City Code Section 78-821,with Variances from City Code Section 78- 827,and Conditional Use Permit Approval Pursuant to City Code Section 78-827(Q) for the Property Located at 450 Old Crystal Bay Road North. VOTE: Ayes 5,Nays 0. *5. #13-3614 FRED JOHNSON, 1565 ORCHARD BEACH PLACE—VARIANCES— DENIAL RESOLUTION NO. 6313 Anderson moved,Printup seconded,to adopt RESOLUTION NO.6313,a Resolution Denying Variances from Municipal Zoning Code Sections 78-330(b) and 78-1279(6),and Denying a Conditional Use Permit Pursuant to Sections 78-966 and 78-1286,for the Property Located at 1565 Orchard Beach Place. VOTE: Ayes 5,Nays 0. 6. #13-3617 WILLIAM AND CYNTHIA BOWMAN,450 WILLOW DRIVE SOUTH, VARIANCE—RESOLUTION NO.6314 Curtis stated the applicant has a request regarding the fees. William Bowman, applicant, stated he would like to make a request that the fees for this variance application be waived. Bowman indicated in the spring of 2011 they had filed a variance application seeking a lot line setback variance. That variance was passed on the Consent Agenda. Bowman stated had they known they would need to go through the variance process again,they would have turned in a more complete set of plan views with his previous submittal that showed the proposed footprint of the deck. Bowman stated a complete or partial waiver of the fee for this application would be appreciated since it is a large sum of money for him. McMillan asked if the addition to the house had been added a couple of years ago. Bowman stated the drawings he had submitted in 2011 showed a sliding door at that location for a future deck and that he is unable to move the deck over due to that sliding door. Bowman stated he should have shown the deck in that plan but that he did not realize it would be an issue. McMillan commented piecemeal variances are more difficult for the Council. Bowman stated he understands that. Levang noted the City has considerable staff time involved in this application as well as the time of the Planning Commission and City Council. McMillan stated it does not appear the City Council is in favor of approving the fee waiver. Page 4 of 21 ' MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 o'clock p.m. (6. #13-3617 WILLIAMAND CYNTHIA BOWMAN, 450 WILLOW DRIVE SOUTH, VARIANCE—RESOL UTION NO. 6314, Continued) Levang moved,Printup seconded,to adopt RESOLUTION NO. 6314,a Resolution Granting a Variance to Municipal Zoning Code Section 78-420(B),for the Property Located at 450 Willow Drive South. VOTE: Ayes 5,Nays 0. 7. #13-3621 THOMAS WASMOEN ON BEHALF OF JOHN BESSESEN,2445,2455,2465 SHADYWOOD ROAD,2560 KELLY AVENUE,AND PID 20-117-23-11-0032—SKETCH PLAN REVIEW Thomas Wasmoen and John Bessesen,Applicants,were present. Gaffron stated this is a sketch plan review which is a process that allows the developer to propose an initial concept plan to the City. Procedurally the Code provides that the plan be reviewed by the Planning Commission, which occurred last Monday, but given the nature of the proposal, Staff wanted this sketch plan to come before the City Council. Gaffron noted as part of a sketch plan review, notice is not given to the adjoining property owners and public comments are generally not received. Gaffron stated the proposed site for this development is the property outlined in yellow on the overhead. The property located to the northwest is the Lunds property and further down to the right is Mr. Masserano's church properiy. The application at this point is purely a concept for discussion as to how this group of properties might be developed at a higher residential density. The zoning for these properties is B4, commercial office business district. Properties along Kelly are zoned LR-1B. The Planning Commission reviewed the application and they provided a number of comments, suggestions, and concerns to the developer, which are included on Page 2 of Staffls report. Gaffron stated other factors that should be discussed include the fact that the City's Comprehensive Plan did guide this area for mixed use. At this time, however,the City has not created a mixed use ordinance. The intent is that there could be a combination of both residential and commercial uses on this property. The surrounding development to the northwest is the Lunds Grocery Store and the next two properties, which might be part of this development, consist of a bank and dental office. Also in the area are two properties that have been approved for a senior assisted living facility that were not developed. Gaffron noted the property in the middle is the only one with a house on it. The Planning Commission discussed a number of items that would be required, such as a trail easement along Shadywood Road as well as stormwater and drainage issues that would need to be addressed given the steep slopes on the lot. There is also a significant amount of woods in the area. The property is located within the shoreland district,which means it is within 1,000 feet of Lake Minnetonka and is subject to the shoreland regulations. It is currently designated as Tier 3, which allows 35 percent hardcover. If it is rezoned to an RPUD,that would revise the hardcover to 50 percent. Gaffron stated there are wetlands along Kelly Avenue that would need to be taken into account as well as tree impacts. Gaffron stated, staff would expect the developers to talk with the state historical office to determine if there are any historic sites on the properties that should be preserved. Some of the slopes on the lot exceed 30 percent and any development of the site,regardless if it is commercial or residential,would be subject to the Conservation Design Ordinance, which should be the first step in the process. Page 5 of 21 MINUTES OF THE • ORONO CITY COUNCIL MEETING • Monday,August 26,2013 7:00 o'clock p.m. (7. #13-3621 THOMAS WASMOEN ON BEHALF OF JOHN BESSESEN, 2445,2455, 2465 SHADYWOOD ROAD, 2560 KELLYAVENUE,AND PID 20-117-23-11-0032—SKETCH PLAN REVIEW, Continued) Gaffron noted this application does not require formal action by the City Council and the Council has the option to obtain public input. Tom Wasmoen,Applicant, stated he is a partner with BKB Group in Minneapolis and that they have been engaged in a conversation to see what could be done with this currently undeveloped property on the edge of downtown Navarre. Wasmoen stated this development would bring some excitement and interest to the neighborhood as well as add some value to some of the private properties in the area. Wasmoen indicated they have put together some mood images for a possible townhome development. The overhead depicts some units that would be very residential in scale and would appeal to people who would like to stay in the Orono community but do not want to maintain a larger home. Wasmoen displayed a potential layout of the site. Wasmoen stated they would like to obtain the guidance of the City Council and explore the idea that this site could become something more than what it currently is. Wasmoen indicated their intention is to follow through with all the requirements of the City but that it is a big investment and they want to make sure the City feels it is an appropriate direction to go before they get too involved in the project. Wasmoen stated they are looking at smaller units to help define the site and a layout that will work with the existing slopes. Wasmoen stated it is important to note that several pieces of property would need to be acquired and that the plan is contingent upon purchase of those properties. The current proposal consists of a mix of townhomes with a couple of single units and a few row houses. Wasmoen indicated they are looking at a footprint of between 1,800 and 2,500 square feet,with the first floor consisting of a dining room, living room, kitchen,and master bedroom. The second floor would include guest bedrooms and a possible office. There are currently four different unit layouts available. Wasmoen stated the important part of the plan is that they are attempting to do an exercise in community development and that higher density is not necessarily a bad thing. Wasmoen commented they are attempting to add some vibrancy to the business district and they are also attempting to show sensitivity to the natural features o the site. The wetlands and the ravine will be preserved as well as a large majority of the trees. The development will probably have one main loop for the road and that the intention is the existing driveway coming down to Kelly would be developed to be a pedestrian connection back to the public lake/beach front and structured in such a way as to provide access for emergency vehicles. The existing driveway would not be for general access for the neighborhood to access Kelly. Wasmoen displayed some 3-dimensional mapping studies showing the layout of the units on the site. Wasmoen noted the green area facing Kelly Avenue would be maintained and at this time they are looking for some reaction by the City Council on the proposal. Page 6 of 21 ' MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 o'clock p.m. (7. #13-3621 THOMAS WASMOEN ON BEHALF OF JOHN BESSESEN, 2445, 2455, 2465 SHADYWOOD ROAD, 2560 KELLYAVENUE,AND PID 20-117-23-11-0032—SKETCHPLAN REI�IEW, Continued) Wasmoen noted the Planning Commission raised a concern about the large number of trees that might be lost. A tree inventory will be done and there will be a significant effort made during the design process to protect as many trees as possible. The buffer along the wetlands will not be disrupted. In addition, a market study will also be completed to make sure there is a demand for this type of housing. Wasmoen noted other comments received from the Planning Commission involved the process of design and that it is their intention to include the neighbors in the discussion process but that they would like to gain the input of the City Council first before proceeding any further. McMillan asked whether there would be any stormwater ponding on the site. McMillan noted the site is pretty maxed out with homes. Wasmoen stated they have preliminarily contemplated that. The driveways would be constructed with more of a pervious material and the green spaces would be areas for gardens and areas that can absorb rainfall. Wasmoen noted Kelly Avenue at times floods from the wetlands and that it is not their intention to divert any more water into those areas. One option is to divert some of the water from the wetlands or divert it toward Shadywood, but they have not gotten into the details of that at this point. Bremer asked what the status is of acquiring the properties since the plan changes drastically depending on the number of properties that are obtained. Wasmoen indicated Mr. Besseman has knowledge of the availability of a number of the sites and that they have to negotiate purchase with the owners at some point. Wasmoen stated the development will be between 44 and 62 units depending on the number of lots acyuired. McMillan asked how many units would be in one of the row houses. Wasmoen stated the row house would have a smaller footprint and would consist of two stories. The row houses would be located closer together for a total of eight and would be located primarily on the Nelson property. Wasmoen indicated a row house would be a single unit and there would be four homes in a row at two different locations. Anderson noted the applicant mentioned the site could be something so much more than what it is right now but that she has an awful lot of concerns with regard to the plan as it relates to density. Anderson stated the conservation design is critical, especially as it relates to the tree inventory piece of it. Anderson indicated she has already heard from a few neighbors saying that there is really not much of a buffer proposed around the church and that they need to be certain that the steep slopes and bluffs are looked at. Anderson stated she understands this is a little premature, but that those are some of the things the Planning Commission and the City Council will have concern with. Page 7 of 21 MINUTES OF THE • ORONO CITY COUNCIL MEETING - Monday,August 26,2013 7:00 o'clock p.m. (7. #13-3621 THOMAS WASMOEN ON BEHALF OF JOHN BESSESEN, 2445,2455, 2465 SHADYWOOD ROAD,2560 KELLYAVENUE,AND PID 20-117-23-11-0032—SKETCH PLAN REVIEW, Continued) Wasmoen indicated the Conservation Design would be part of the design process and that at this time they are attempting to gauge the interest of the City for this type of development before proceeding any further. Wasmoen noted they omitted some trees for clarity on the plan but that there would be trees on every property. In addition,the green area by the church is also not depicted. The driveway is shown to be as efficient as possible but it can be moved slightly away from the property lines in order to add additional green buffer areas. Wasmoen stated they are looking at a development for people 55 and older and that it will not generate as much traffic as some of the other residential developments in the City. Wasmoen indicated they are attempting to create a walkable community and provide some vitality to the area. The green buffer and wetlands along Kelly will be maintained and most of the proposed units will also have their own buffer from Kelly Avenue which will not be visible until you get up by the grocery store. Levang indicated she is opposed to the density since they are proposing approximately five units per acre. Levang stated she does like the buffer along Kelly but that it appears the area would need to be rezoned, which she is opposed to. Levang indicated she also has great concerns regarding what the Conservation Design will show and that the overall density is a major concern at this point. Levang asked whether they own any of the property at this point. Wasmoen indicated they would not purchase the property until they can move forward with the development agreement. McMillan stated she also has issues with the single-family parcels in the middle of the higher density housing. McMillan noted the idea of creating an RPUD was brought up as a way to perhaps cluster some of the units but that in her view the density shown on the concept plan will not work. McMillan stated the clear-cut land might be okay for some townhomes but that she would like to see lower density in this area. McMillan noted commercial can have as much impact as townhomes and that perhaps the City does not need commercial going that far down County Road 19. McMillan stated there is some merit to looking at slightly higher density in that area but the area between the church and north of there is questionable about whether it should be rezoned. McMillan stated she is not ready to put in high-density residential housing in this area. Wasmoen stated they are not looking to construct high density housing and that they are attempting to work with the grades and keep the scale as residential as possible. McMillan noted Kelly Avenue is a single-family residential neighborhood. Bremer noted there are townhomes currently by the bowling alley on Kelly Avenue. McMillan stated the townhomes could perhaps be located off of Shadywood but that the City needs to protect Kelly Avenue given the water problems. Page 8 of 21 ' MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 o'clock p.m. (7. #13-3621 THOMAS WASMOEN ON BEHALF OF JOHN BESSESEN,2445,2455, 2465 SHADYWOOD ROAD, 2560 KELLYAVENUE,AND PID 20-117-23-11-0032—SKETCH PLAN REVIEW, Continued) Wasmoen noted they are only looking for a pedestrian link onto Kelly and that they are cognizant of the water problems. McMillan stated the Freshwater Institute is also not very commercial looking. McMillan asked if retail would be allowed in the B4 District. Gaffron stated the B4 District is primarily office with some minimal retail. The permitted uses in the B4 District include municipal buildings where the use is primarily offices,professional offices,and offices of a general nature, clinics for human care on an outpatient basis,banks and insurance offices. Conditional uses include nursing homes, hospitals, rest homes, retirement homes, private academies, schools,trade schools, colleges, resource centers, animal hospitals, veterinary clinics, libraries,museums, historical buildings, play houses, restaurants or a Class I restaurant within and mainly servicing the office building, off-street parking, public service structures, religious institutions and facilities. Gaffron noted generally the uses are not geared toward retail. McMillan asked if the single-family homes are more located in the middle of the development. Wasmoen indicated the two residential homes were included within the townhomes. Bremer stated one of the issues she has is the traffic in and out of the site and that she is glad to see it will not connect onto Kelly. People have concerns about additional traffic onto County Road 19. Bremer noted it is nearly impossible to get out of Pheasant Road onto County Road 19. The second issue to take into consideration would be stacking up to the stoplight. Bremer stated in her view the traffic situation will be compounded if there are a lot of cars going in and out of this site. McMillan commented the site could also be developed for commercial use,which would also generate a significant amount of traffic. Wasmoen stated one of their assumptions at this point is that the fire marshal would likely desire two accesses into the development and that splitting the traffic between two access points would be more beneficial. Wasmoen stated he understands the traffic concerns at that location. Struve noted Hennepin County would have the final authority on the positioning of the approaches. McMillan asked if the high density diminishes the high value of the townhomes. Wasmoen indicated in his view they would not. Anderson commented she likes the walkability of the development. Anderson noted this area has been zoned commercial for 40 years and has not been developed. Anderson stated she would not be opposed to looking at different options but that a few concerns have been raised that would need to be taken into account. Page 9 of 21 MINUTES OF THE ' ORONO CITY COUNCIL MEETING • Monday,August 26,2013 7:00 o'clock p.m. (7. #13-3621 THOMAS WASMOEN ON BEHALF OF JOHN BESSESEN, 2445, 2455, 2465 SHADYWOOD ROAD, 2560 KELLYAVENUE,AND PID 20-117-23-11-0032—SKETCH PLAN REVIEW, Continued) Wasmoen asked whether the City Council would be interested in a project like this if they can address some of the conservation issues and reduce the density. Printup stated he agrees with the majority of what has already been stated and that he is not in favor of moving forward with this type of development on this site. Printup stated if something is constructed on this property, it should be lower density and more neighborhood friendly. Printup indicated he would be looking at more single-family residential rather than townhomes and row houses. Printup stated in his view it would be important to know what Orono's housing stock is and that he does not know what the vacancy rate is. Printup stated he does not want to add to that vacancy rate. McMillan asked how many single-family homes could fit into this area. Gaffron stated the entire site, if all of the properties are acquired,would consist of approximately ten acres and that probably no more than three or four single-family homes would be able to fit in there. Wasmoen pointed out they are attempting to offer a different type of housing from single-family for people over 55. Wasmoen stated they intend to preserve as much green area and trees as possible. Levang stated she understands that point but that she is opposed to the higher density and the zoning change. McMillan noted the clear-cut property is approximately two acres and that townhomes could possibly go in that area. McMillan indicated the memory care project was to help create a buffer and that the developer has to be serious about preserving the trees,which will result in a lot lower density. Wasmoen asked if the Council has a particular density in mind. McMillan indicated she cannot put a number on it at this time. Tom Bessesen, 4500 North Shore Drive, indicated he has been looking at this project for approximately a year and has looked at different ideas to come up with something that would fit in well on the lot. Bessesen indicated he is interested in developing this piece as well as the piece owned by the bank. The church has been over to visit the bank about purchasing the property next to them and if that lot is purchased by the church,they would not have very good access to the back of this property. Bessesen stated one thought was that they could try to get a piece of undeveloped property off the City tax rolls. The Nelsons have also indicated they would like to retire and so he thought they could try to include that. Bessesen stated their concept plan was an idea to try to bring some senior citizens or empty nesters into a development that is shielded along Kelly Road. Plan B would be to turn the property into something that is economically viable, such as apartment buildings. Bessesen stated they would not ask to change the zoning but would request a PUD or an RPUD. Page 10 of 21 ' MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 dclock p.m. (7. #13-362I THOMAS WASMOEN ON BEHALF OF JOHN BESSESEN, 2445,2455, 2465 SHADYWOOD ROAD, 2560 KELLYAVENUE,AND PID 20-117-23-I1-0032—SKETCH PLAN REi�IEW, Continued) Bessesen stated they will have to look at what else can be done with the site but given the price of the land,they cannot put up one or two single family homes on the property. Bessesen noted Snyder's has been closed for a long time and that it would be hard to develop a retail development in this area. McMillan asked what the next step would be if they wanted to look at other ways of developing the property. Gaffron stated in his view it would still be a sketch plan review and would entail basically the same process that has just been gone through. Gaffron stated if they propose something that does not require rezoning, it would go through the normal process but that the developer should make sure there is some buy-in by the CiTy before spending a lot of dollars. Bessesen stated it likely will require a RPUD rather than rezoning if residential is proposed. McMillan asked if it would have to be rezoned for a RPUD on the commercial property. Gaffron stated the City has not defined a mixed use ordinance to cover what could be developed on this site. Anything other than an office or mixed use office would be beyond what is currently in the City's Comprehensive Plan. Bessesen commented there is already is a mixed use in this area and that the dentist and bank would like a new building. The City Council took no formal action on this item. *8. #13-3624 PETER JOHNSON ON BEHALF OF WAGENER PROPERTIES,LLC,3165 NORTH SHORE DRIVE,CONDITIONAL USE PERMIT—RESOLUTION NO.6315 Anderson moved,Printup seconded to adopt RESOLUTION NO. 6315,a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-916,78-966,and 78-1286, for the Property Located at 3165 North Shore Drive. VOTE: Ayes 5,Nays 0. 9. WETLAND DELINEATIONS CODE INTERPRETATION Gaffron noted at the last City Council meeting during the public comment portion of the meeting Amy Hubbard raised some questions regarding use of older wetland delineations for determination of wetland setbacks. In response to those questions, Staff has provided the City Council with some information on this issue. Jay Kanive, 950 Willow Drive, stated this is sort of rehashing the issue that was discussed during his previous application for a sport court but that he would like to comment on the issue. Kanive noted he sent an email to the Council last night regarding this issue and that he is not as prepared as he would like to be to speak on the matter since he was not aware this would be an agenda item this evening. Page 11 of 21 MINUTES OF THE • ORONO CITY COUNCIL MEETING . Monday,August 26,2013 7:00 o'clock p.m. (9. WETLAND DELINEATIONS CODE INTERPRETATION, Continued) Kanive stated having permanent wetland delineation gives the same certainty to the property owners as those located along the lakeshore. For example, lake levels are not measured every five years to determine if the house is set back far enough from the lake or if an improvement needs to be set back further. Those landowners know what they have to comply with. In addition,the standard of expiring wetland delineations puts the risk of shrinking or expanding wetlands on existing homeowners near or on wetlands. Kanive noted the widening of Willow Road that is currently taking place is going to cause more runoff in general. Kanive stated had this stance been clear,he would have been opposed to the widening of Willow Road since any expansion of a wetland is forced to be borne by the residents. Kanive stated if the wetlands are expanded,there effectively is the taking of property, which does not appear to be a sustainable or equitable situation for the homeowners. Kanive indicated he did quickly read through the information compiled by Staff and that he is not sure where the confusion lies. Kanive stated Page 3 of Staffls memo says the same thing he said in his application back in April,which is,Minnehaha perpetually relies upon wetland delineation. An email from Catherine Bach says that as long as you are not constructing a large,brand-new house,the setback will be based on the old wetland boundary. Kanive stated he does not see any change in that. Kanive stated he understands the memo from Staff to the Council insinuates that he was told something incorrect,but the e-mail from Catherine Bach on April 29 to Lynda Peterson with BWSR says as long the project triggers a permit under the Watershed District's Erosion Control Rule and that is the only thing that triggers it and it does not involve any other wetland impacts,the applicant only needs to show the location of any existing buffer on the property required under a past permit on their plans, which would be based on the old boundary. Kanive noted his entire neighborhood has a permit from the original development that clearly shows the old boundaries. McMillan stated the way she interprets it is that the buffers are determined based on a delineation and the buffer line is set in stone. When the Minnehaha Creek Watershed District says here is your buffer, it is based on a delineation done at a certain point of time and it is then set. Kanive stated according to Catherine Bach,the buffer stays and the wetland delineation stays. McMillan stated with respect to the wetland delineation that would remain in place for that buffer. The buffer is determined based on the delineation line that was completed at the time the buffer was determined. Kanive stated the email states that even if the wetland boundary changes from when it was originally delineated,which it sounds like it may have happened in this instance,the location of the buffer of is required but the WCA permits do not change with that boundary. The email goes on to say that for developments like Willow View,the MCWD relies perpetually on the wetland buffer as approved with the development permit, even those over five years old. Page 12 of 21 ' MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 o'clock p.m. (9. WETLAND DELINEATIONS CODE INTERPRETATION, Continued) Struve stated the language in the email is incorrect and that he has clarified the language with BWSR and Lynda Peterson. Struve noted it is not a city ordinance that the delineations expire after three years but it is a state law,which was changed from three years to five years. Struve stated the information provided to Mr. Kinave by the Watershed District earlier this year was incorrect with regard to the wetland delineation being perpetually given but the information regarding the buffer area is correct. As a building is built,the buffer line is set based on the delineation at the time and does not move even if the wetland delineation changes. Based on state law,a wetland delineation is only good for five years. McMillan stated the other factor is that the City does give variances to wetland setback lines if there is some type of circumstance where the wetland has grown in size. Gaffron stated similar to the situation where someone applies for a variance and can demonstrate a practical difficulty, he does not see a reason why a variance would not be granted. Kinave asked where the new wetland delineations are for his neighbors that border Willow Road when the road was reconstructed. Kinave stated it appears there are two sets of standards being applied since the City did not obtain new wetland delineations on those properties prior to widening Willow Road. McMillan stated those are usually only requested when someone is requesting to add structure to their property. Struve noted the City did conduct wetland delineations in connection with the Willow Drive reconstruction. Struve indicated there are stipulations with street expansions that allow cities to go through a bank to mitigate the wetland impacts that the City caused as part of the project. The amount of hardcover from existing to after is slightly over but it did not change enough to do stormwater treatment according to the Minnehaha Creek wetland rules. Struve indicated the area drains to the east to Dickey Lake and that the City did have to go through a banking system for road impacts. Anderson asked if the water is being diverted to Dickey Lake,whether it would impact these property owners. Struve indicated it would not and that the runoff does not drain to the wetlands. Kanive stated in his view it does not appear to be an equitable situation for the homeowners. McMillan noted the lakeshore owners have certain restrictions they have to follow and that other property owners have to deal with the wetland restrictions. McMillan stated Orono has an enormous amount of wetlands and that it is not a unique thing. Kanive asked if this constitutes a condemnation or a taking of property. Mattick stated it does not. Page 13 of 21 MINUTES OF THE ' ORONO CITY COUNCIL MEETING � Monday,August 26,2013 7:00 o'clock p.m. (9. WETLAND DELINEATIONS CODE INTERPRETATION, Continued) Amy Hubbard, 945 Willow View Drive,asked if it is typical for the wetland delineations to expand. Hubbard stated she finds that concerning as a property owner and that she is wondering if the Council knows what the trend is for that type of property. Gaffron stated in his view there is not a trend and that it is dependent upon the weather. The wetland delineation process takes into account soil types and the hydrology of the area. Gaffron stated he cannot make a general statement that wetlands in the City are getting bigger or smaller and that every piece of literature acknowledges that wetlands change over time. Hubbard stated there has been a great difference in a short amount of time,which raises some concern. Gaffron stated the wetland delineations that were done for this development occurred before any dirt was moved around. The movement of the dirt made potential changes to the wetlands that were not as predictable as the City would like them to be. In addition,more water to the area was added which can have an impact on the wetlands after the wetland delineation was done. McMillan commented the City has also had issues with the Stone Bay development and that the hydrology of an area does change over time. Kanive commented there has to be a better solution that what currently exists. McMillan stated they look at different soil types and other factors. Kanive indicated he has more buffer than what is required and that there is an incentive to mow that down to keep the wetland from expanding. McMillan stated the wetland can expand regardless of the vegetation depending on the soils and the development of organic matter. Kanive stated he does not agree with the analysis and that he has conflicting information from the City's. Kanive indicated he will pursue it further. Printup asked if the exercise the City went through several months ago simplified the process. Gaffron stated it did in that every element of the City's buffer requirements was passed to the Minnehaha Creek Watershed District. The City no longer has a wetland buffer requirement but the City now has a wetland setback in order to have some kind of guarantee that development will not happen right up to a wetland. It was never the intent of the City to make all of its wetland protections go away. Printup noted it was also stated that a variance could be applied for. Mattick stated the property owner would need to meet the practical difficulty criteria,which is part of the analysis when the application is made. Kanive asked if the neighborhood receives wetland credits that they can sell. Page 14 of 21 ' MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 o'clock p.m. (9. WETLAND DELINEATIONS CODE INTERPRETATION, Continued) McMillan commented she is not familiar with the banking system and that it is likely something to do with the developer. Gaffron noted Orono's Code does not address the issue of wetland banking. Wetland banking has been used in various projects in the City so it is not prohibited and the City might entertain it depending on the project. Struve stated there is a process to bank wetlands but a person would need to go through BWSR. Struve indicated he is not knowledgeable of the exact requirements and that he would have to look at what was required as part of the Willow View development. Struve noted it would not be a City process but would be through BWSR. McMillan asked if that applies to after the development. Struve stated he cannot speak on BWSR's behalf and that if Mr.Kanive would like to explore that option, he can provide that information to him. Kanive stated these lots were sold without any wetland delineations on the title and that he is attempting to work within those confines versus properties that have them clearly marked. McMillan stated she had her property delineated in 1996, and that if she did something new on her property, a new delineation would be required. Kanive stated in his view five years is not fair to the homeowners. McMillan noted that is dictated by the state board based on certain criteria. Kanive asked if Orono has any authority to change that. Mattick stated it probably would be the homeowner's best interests to know the wetland boundaries. Kanive noted his neighborhood has also experienced negative impacts from other developments and that the wetlands were expanded to twice the size to accommodate those developments. Levang moved,Anderson seconded,to direct Staff to forward the information pertaining to the use of older wetland delineations to Amy Hubbard,945 Willow View Drive. VOTE: Ayes 5,Nays 0. Page 15 of 21 MINUTES OF THE • ORONO CITY COUNCIL MEETING � Monday,August 26,2013 7:00 o'clock p.m. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 10. STREET LIGHT UPDATE Struve noted at the May 13 City Council meeting, Staff presented four options for the Council's review. One of the inputs was that the Council wanted to gain the input from the residents. A neighborhood meeting was held on June 10 where the options were presented and surveys were distributed asking for their input on different attachments, color, etc. On June 13,the City opened an online Monkey survey to allow for residents to weigh in on the streetlight project. Struve indicated the results of the survey regarding the color were split between dark brown and black. Option No. 1 had the most number of votes and a large majority of the survey participants were in favor of a banner attachment, flag pole holder,electrical outlet,and flower pot holder. Struve stated Staff is looking for feedback on what the City Council would like to explore as part of this project. McMillan asked if October is the next Navarre Community Initiative meeting. Struve indicated the meeting is scheduled for October 14 and that he can present the decisions made by the Council at that time. Struve stated they will also be obtaining some proposals from engineering firms on the costs. McMillan asked if the City is pursuing grant money for the sidewalks. Struve indicated they are. Anderson stated if bids are received,the Council can look at the various line items and determine what items they would like to go forward with. Struve stated he is requesting the Council determine what options should be included in the design parameters and that he will be looking at grants and then inform the Council on what grants have been applied for. McMillan commented it may not save a lot of money but that she does not replace the wiring east of County Road 19. McMillan asked if repairing the sidewalk in spots would also be the place to replace the wiring. Struve stated that potentially, may or may not fall in the same location and that the biggest impact will be around the location of the poles. Struve stated the pits that will be dug may not line up with where the sidewalks will be replaced. McMillan commented the businesses may help maintain the flower pot attachments and that they do not need to do it all the way down the road. McMillan stated she is not sure how those will be watered given how high up they will be. McMillan requested Struve obtain a metal sample of the two colors prior to the October meeting. Page 16 of 21 ' MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 o'clock p.m. (10. STREET LIGHT UPDATE, Continued) Anderson asked whether some of the pricing would be available at the October meeting. Struve stated the bids would likely be open in early January based upon the schedule outlined in the report and that he can bring forth the information contained in tonight's Council packet to the residents. Struve stated he also has some information on pricing Spring Park has received as well as some information from Barr Engineering. Levang asked whether banners would be all the way down the road. McMillan commented they currently have banners and that the banner holders are not that expensive. Bremer commented the Council could also consider artificial flowers to avoid the necessity of watering. Levang stated it appears the total cost of the project is approximately$790,000 to do the sidewalks,the lighting, and all the amenities. Struve indicated that is correct. Levang asked if he is also proposing doing a combined project in 2014. Struve stated it would make sense to combine the projects into one since there will be impacts to the sidewalks at the time the poles are replaced. McMillan asked if Spring Park has installed their new light poles. Struve indicated they have not. Struve stated it will likely be May before the actual work starts. Anderson stated in her view the combined project should be presented in October and that the Council will have the availability to remove things in January based on cost. Struve stated there will be additional engineering costs to include the wiring and that he does have a meeting scheduled for tomorrow to discuss the wiring. The City Council took no formal action on this item. 11. 2013 FORCEMAIN IMPROVEMENT PROJECT—BID AWARD McMillan stated she would like to have an assessment done to determine whether the road can handle a mill and overlay. Struve indicated that would need to explored further since the road appears to be in poor condition. Struve stated he is not sure at this time whether a mill and overlay would be the best option. McMillan stated if a mill and overlay can be done, she would like to have that done in 2014. Page 17 of 21 MINUTES OF THE • ORONO CITY COUNCIL MEETING • Monday,August 26,2013 7:00 o'clock p.m. (11. 2013 FORCEMAINIMPROVEMENT PROJECT—BID AWARD, Continued) Struve stated if the contractor moves forward this fall,he will follow up with the Council on what was observed and then make a determination of what would be appropriate for that area. Levang moved,Anderson seconded,to award the 2013 forcemain improvement in the amount of $229,892.10,to award the construction phase services to Bolton & Benk and to request the Public Works Director/City Engineer perform an observation of the road conditions and report back to the City Council regarding a possible mill and overlay. VOTE: Ayes 5,Nays 0. (Recess taken from 8:59 p.m.to 9:04 p.m.) PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT,CONTINUED Struve noted a resident at the last meeting raised some concerns regarding erosion on Cherry Place. Struve indicated he has visited the area and there is erosion occurring. The Publics Work Department will place it on its repair list and will be performing the necessary repairs once funds become available. Anderson asked if that resident has been contacted. Struve indicated he will follow up with a letter to the resident. Struve reported Eagle Scout Thomas Longe has begun work on his project. One tree has been removed as well as trimming of the other two trees, and the rock and bushes have been removed. Struve stated he and his parents planted flowers and spread mulch today. Struve stated the project is moving forward and that it is anticipated it will be completed the end of September or early October. Struve reported there have been ten violations at the City's dump site. Struve stated initially contractors were allowed to dump at the site if they were with an Orono resident but the site is now strictly for residents even if the contractor is working with a resident. Levang asked if any debris has been left at the site. Struve indicated he is not aware of any. Anderson stated she also had a neighbor ask if they could come and remove some of the wood. Printup indicated he was also asked that same question. Struve stated if the residents do remove wood,they will need to bring their own vehicle and not utilize a contractor. Page 18 of 21 � MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Levang reported the Council received a copy of the resolution that was presented to the LMCC. Levang indicated her and the Mayor are working on a subcommittee and that they are also moving ahead to resolve any differences the City may have with Mediacom. Bremer noted her Internet was out of commission for 12 hours but that the issue was eventually resolved by Mediacom. Printup stated Maple Plain Days was enjoyable and appeared to be successful. McMillan stated she attended Mound Dog Days and there were approximately 30 vendors and a farmers market. McMillan commented it was a very nice event. McMillan reported she received a phone call from a neighbor to the Lakeview Golf Course who would like to be kept apprised of what happens at the golf course. McMillan suggested the City include updates about the golf course on the website. McMillan noted Red Oak Development proposal was recently before the Minnetrista City Council and that the City should keep an eye on the progress of that application since it will have a big impact on that area. McMillan noted the City also received a letter regarding the purchase of some Lakeview property. McMillan requested the City Administrator reply to the letter writer and clarify that the land is not owned by the City and has already been sold to a developer. CITY ADMINISTRATOR'S REPORT Loftus stated the date that works best for a joint session with the Long Lake City Council is Tuesday, October 1 at 5 p.m. Loftus stated if that date is still okay with the Council, she will post that date and place it on the City Council's agenda. McMillan stated that would be fine. Loftus commented that Staff has followed up on the public comments received at the last meeting. Loftus noted the Bayview school bus parking was discussed at the work session earlier this evening and the public comments given by a resident on Willow View was on tonight's agenda. In addition,the erosion on Cherry Avenue was reviewed and discussed by the Public Works Director/City Engineer. Loftus noted that September 9 at 7 p.m. would be a good time for the residents to provide input on the City's preliminary budget. Loftus indicated budget information will be posted on the City's website as soon as possible. Page 19 of 21 MINUTES OF THE ' ORONO CITY COUNCIL MEETING , Monday,August 26,2013 7:00 o'clock p.m. *12. 3525 LYRIC AVENUE—TAX FORFEIT PROPERTY DISPOSITION—RESOLUTION NO.6316 Anderson moved,Printup seconded,to adopt RESOLUTION NO. 6316,a Resolution regarding Tax Forfeited Land Released for Sale to the Public. VOTE: Ayes 5,Nays 0. *13. AGREEMENT FOR USE OF ELECTION EQUIPMENT BY ORONO SCHOOL DISTRICT Anderson moved,Printup seconded,to approve the"City of Orono/Orono Public School Lease Agreement"that allows the Orono School District to use the City of Orono's election equipment. VOTE: Ayes 5,Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. *14. LICENSES& PERMITS Limited Firearms Use Permit—Annual Club 1. Annual Permit for Trap Shooting Park Gun Club 3660 Sixth Avenue North Residential Kennel Licenses l. Paul and Melissa Fogelberg 870 Hunt Farm Road 2. Penny Saiki 2874 Casco Point Road Anderson moved,Printup seconded,to approve the above-listed licenses. VOTE: Ayes 5,Nays 0. *15. CLAIMS Anderson moved,Printup seconded,to approve payment of the All Fund Account. VOTE: Ayes 5, Nays 0. Page 20 of 21 " MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,August 26,2013 7:00 o'clock p.m. 16. CLOSED MEETING FOR ATTORNEY-CLIENT PRIVILEGE Bremer moved,Levang seconded,to go into closed session to discuss attorney-client privileged information. VOTE: Ayes 5,Nays 0. (The Orono City Council went into closed session from 9:15 p.m. to 9:43 p.m.) ADJOURNMENT Bremer Moved,Levang seconded,to adjourn the Orono City Council meeting at 9:15 p.m. VOTE: Ayes 5,Nays 0. ATTEST: ��`�� G�E�C ,��C-�- �� '�/ . d�ti Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 21 of 21