HomeMy WebLinkAbout12-09-2013 Council Minutes ' MINUTES OF THE
' ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMi(lan, Council Members Kristi Anderson, Cynthia Bremer, Lizz Levang, and Aaron Printup.
Representing Staff were 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.
Mayar McMillan called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Gaffron noted as it relates to Item No. 6,the City Council and the applicant have agreed that the language
on Page 8, hours of operation, should be changed from 8 a.m.to 11 p.m. to Sunday through Thursday,
8 a.m.through 11 p.m., and Friday through Sunday 8 a.m. to 1 p.m.
Mattick stated Staff will make that correction and that the item can be added to the Consent Agenda.
Item Nos. 6, 10 through 17, and 19 through 22 were added to the Consent Agenda. Items 4d and 4e were
moved under Item No. 5.
Levang moved,Anderson seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. COUNCIL WORK SESSION OF NOVEMBER 25,2013
Levang moved,Anderson seconded,to approve the minutes of the Orono City Council work session
of November 25,2013,as submitted. VOTE: Ayes 5, Nays 0.
*3. REGULAR CITY COUNCIL MEETING OF NOVEMBER 25,2013
Levang moved, Anderson seconded to approve the minutes of the Orono City Council meeting of
November 25,2013,as submitted. VOTE: Ayes 5,Nays 0.
PRESENTATION—6:30 P.M.
4. ADOPT 2014 BUDGET AND TAX LEVI'—(Public Input Invited)
4a. ADOPT FINAL 2013 LEVY COLLECTIBLE IN 2014—RESOLUTION NO. 6349
4b. ADOPT 2014 GENERAL FUND BUDGET—RESOLUTION NO. 6350
4c. ADOPT THE 2014 SPECIAL REVENUE FUNDS BUDGETS—RESOLUTION NO. 6351
Olson stated the purpose of tonight's public hearing is to discuss the City's 2014 budget and the tax levy
and not to discuss property values. Olson noted there will be a meeting in the spring to discuss property
values.
Page 1 of 35
MINUTES OF THE `
ORONO CITY COUNCIL MEETING �
Monday,December 9,2013
6:30 o'clock p.m.
(PRESENTATION, Continued)
Olson stated the county assessor provides the City with an annual calculation of the City's tax capacity
based on the annual property revaluation. Once the City's tax capacity is determined,the City decides
what its tax levy will be. Olson noted 2014's s tax levy will be the same as it was in 2012 and 2013. The
City's total tax capacity in 2014 is $26,]80,986, with a tax capacity rate of 17.81 percent. On a$500,000
home,the City's taxes would amount to $890.50. The city taY in Orono is between 15 and 16 percent of a
property owner's tax bill, with the largest amount going to Hennepin County followed by the school
district.
Olson stated the City Council over the years has done a good job at keeping the city taxes low compared
to other cities. The state average increase for cities in Minnesota is scheduled to increase by 2.1 percent.
Olson noted Orono will not be experiencing an increase in their tax levy for 2014.
The primary revenue source for the City's General Fund is the property tax levy. The 2014 General Fund
tax levy is $3,946,260. Total General Fund revenues are budgeted to decrease by$15,000 in 2014. The
largest reduction is in engineering and legal fees,which are pass-through charges related to the
development. Other savings came from elimination of the deputy clerk position,a reduction in the use of
a consulting engineer, staffing changes at the golf course, and the restoration of the sales tax exemption
for cities. The other major decrease is in the on-site septic program fees, which are being reduced from
$60 annually to $45. The major increase comes from police service charges, which are increasing by
$43,000.
The savings were offset by increases in areas that were beyond the City's control. Major expenditure
increases are due to expenses associated with the 2014 elections,the Hennepin County assessing contract
increasing by $15,000,a rate increase from PERA for police officers, and a change in the premium rating
from the League of Minnesota Cities for officers. Olson stated even though expenses are going up, the
City is not increasing their budget for 2014.
Olson stated as it relates to the City's outstanding debt, outstanding at the end of the year will be $8.5
million, which is projected to be decreased to $7.4 million in 2014. The current outstanding debt will be
fully paid off in 2016 and the levy needed for debt service on the City's existing debt will begin to
decrease.
Mayor McMillan opened the public hearing.
There were no questions regarding the 2014 budget and tax levy.
Mayor McMiilan closed the public hearing.
Bremer commended Ron Olson for his good work on the City's budget and tax levy. Bremer encouraged
the citizens to attend the meeting in the spring on property valuations.
An unidentified citizen asked whether the assessed value of all homes in Minnesota is a figure that is
adjusted based on the state's projected budget.
Page 2 of 35
` MINUTES OF THE
� ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(PRESENTATION, Continued)
Olson stated that would be a question for the assessor's office but that their goal is to be within 95 and
105 percent of the value of the home based on the previous year's sales.
McMillan stated as it relates to the graph on the City's tax levy and tax rate, it shows that the tax rate can
increase even if the levy remains the same. McMillan stated the City's tax levy and tax rate are two
important numbers that the City Council is very mindful of when setting the budget for the upcoming
year.
Olson noted the City's tax levy in 2002 was $3.6 million and that it has increased to $4.7 million during
that period of time, which is a good increase, but the City's tax rate was also falling during that period of
time.
Bremer noted there is also a lag in the valuation of the homes and the City's tax rate since the valuations
are based on previous sales and that it can take a year or two before someone's property taxes increase
even if the valuation of the home increases.
Levang moved,Bremer seconded,to adopt the 2014 Budget& Tax Levy. VOTE: Ayes 5,Nays 0.
Levang moved,Bremer seconded,to adopt RESOLUTION NO. 6349,a Resolution Adopting the
2013 Tax Levy Collectible in 2014. VOTE: Ayes 5,Nays 0.
Levang moved,Bremer seconded, to adopt RESOLUTION NO. 6350,a Resolution to Adopt the
2014 General Fund Budget. VOTE: Ayes 5,Nays 0.
Levang moved,Bremer seconded,to adopt RESOLUTION NO. 6351,a Resolution to Adopt the
2014 Special Revenue Fund Budgets. VOTE: Ayes 5, Nays 0.
PUBLIC HEARING—7:00 P.M.
5. ADOPT THE 2014 FEE SCHEDULE—ORDINANCE NO. 117 AND SUMMARY
ORDINANCE NO. 118
4d. ADOPT THE 2014 ENTERPRISE FUNDS BUDGETS—RESOLUTION NO. 6352
4e. ADOPT THE 2014 CAPITAL IMPROVEMENT PLAN (CIP)
Gaffron stated before the City Council is the proposed 2014 fee schedule ordinance and summary
reflecting the proposed changes in the City's fees.
McMillan stated the most important changes relate to the City's enterprise funds. McMillan noted the
City Council did discuss the proposed changes to the water, sewer, stormwater, and recycling fees and
that Staff is proposing to increase water fees by 11 percent, sewer by 4 percent, stormwater by 10 percent,
and recycling by 2 percent.
Page 3 of 35
MINUTES OF THE '
ORONO CITY COUNCIL MEETING �
Monday,December 9,2013
6:30 o'clock p.m.
(PUBLIC HEARING, Contin ued)
Struve stated the City's CIP includes a number of needed upgrades to the City's water plants, including
repainting of one of the water towers, drilling of a new well, and improvements to the treatment facilities.
Struve stated while 1 l percent is a substantial increase, it is needed to ensure the long-term financial
health of the fund. Future bonding may also be necessary depending on the projects that are undertaken.
McMillan noted Staff is also recommending a 4 percent increase in sewer rates. During a work session,
the City Council suggested a rate increase that was equal to the Metropolitan Council Environmental
Services' budget increase.
Printup stated as it relates to the addition of administrative offenses and fines, he would suggest that they
remove watering restrictions and no permit for recreational fires.
Anderson asked whether the City has had fines for watering in the past.
Struve indicated currently the City does not have watering restrictions and that he likely will be bringing
that item to the City Council next spring.
Anderson stated she would hate to impose watering restrictions before the Council has had an opportunity
to discuss that item.
McMillan asked whether the City would need to adopt an ordinance prior to imposing a fine.
Bremer stated watering restrictions would likely be governed under state statutes.
Mattick stated as it relates to offenses, when someone violates a city code,the statute allows the City to
issue a misdemeanor citation. Some communities have gone to administrative offenses rather than a
citation that would require someone to appear in court. Mattick stated this would allow the City to
impose a fine.
Printup stated since the City does not currently impose watering restrictions, he does not want it included
in the City's fee schedule.
Mattick indicated he does not recall what the City's Code says in relation to a watering ban, but that it is
not uncommon for communities to have an odd/even day watering schedule during a drought.
Printup stated he would like to strike it from the City's fee schedule and then discuss it further under
Item 18.
Bremer stated watering restrictions would be beneficial during a drought and that a number of other cities
have watering bans during droughts.
Printup noted a number of the residents in the City have private wells.
McMillan asked whether this would relate solely to city water or both.
Page 4 of 35
A MINUTES OF THE
� ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 dclock p.m.
(PUBLICHEARING, Continued)
Struve stated watering restrictions generally only apply to municipal water users.
Printup commented it would not be very consistent if it is only applied to municipal water users.
Bremer stated it is intentional to make sure that the City's municipal water supply remains steady.
Levang asked if the City's water capacity is the concern or whether it also relates to the equipment.
Struve stated watering in the middle of the day is not an efficient use of water since 50 percent or more
will evaporate and that restrictions on when people can water will help promote better use of the City's
water supply. Struve stated watering restrictions would ban watering during different times of the day.
Struve stated currently the City does not have any ban on when watering can occur.
McMillan asked what would happen if the City's municipal water supply became low for whatever
reason.
Struve stated a public outreach would need to be done.
McMillan noted this would also impose a fine.
Anderson stated it would also require the police to monitor who is watering.
Printup stated in his mind it would be unenforceable.
McMillan concurred it would be difficult to enforce on a daily basis but that the restrictions would only
apply during a drought or emergency.
Mattick noted the City's Code does have a section regarding regulating water during periods of water
shortage and it talks about the fact that the City Council has the ability to restrict water usage, which
would include the time someone can water and regulating sprinkling and other nonessential uses.
Currently the City has a blanket provision in the City Code that says it is a misdemeanor, which is
punishable by 90 days in jail or a$1,000 fine. By making it an administrative offense, Staff would have
the ability to take a softer approach to enforcement.
McMillan asked what the process for that would be.
Mattick stated the City Code reads as follows: "Whenever the City Council shall determine that a
shortage of water is threatened, the City may enact, by resolution, restrictions for nonessential water use
as set forth in this section." Mattick noted it would require action by the City Council and is not
something that Staff can impose or implement. Mattick stated whether the water restrictions should be
included in the administrative offenses is up to the City Council.
Printup stated he does not want to send police around monitoring water usage by the residents.
Page 5 of 35
MINUTES OF THE `
ORONO CITY COUNCIL MEETING �
Monday,December 9,2013
6:30 o'clock p.m.
(PUBLIC HEARING, Continued)
McMillan noted it would require a resolution by the City Council to declare the fine is in effect and that
she is okay with that in an emergency situation.
Levang asked what Council Member Printup's thoughts are regarding recreational fires.
Printup stated currently the properly owner has to meet setbacks and asked whether they also need a
perm it.
Curtis stated the City does not require a permit currently for a recreational fire and that it likely applies to
brush fires.
McMillan commented it might need a better title to make it clearer.
Printup stated the City has pages of fees and fines and that he would (ike to strike those two relating to
recreational fires and the fine for water restriction violations.
McMillan asked whether he would consider a different title.
Police Chief Farniok stated the title should perhaps be changed and that it would relate more to brush fires
and unattended fires. Farniok stated it would give the Police Department the ability to impose a$60 fine
rather than cite someone with a misdemeanor, which could result in 90 days in jail or a$1,000 fine.
Farniok recommended the title be changed, noting that it was not intended to apply to recreational fires.
Mattick stated the code states, "No person shall start or allow any open burning on any property in the
City without having first obtained an open burning permit." Mattick suggested the title be changed to
open burning.
Printup indicated he is fine with changing the title but that he is still opposed to the water restrictions.
Bremer stated in her view both are intended to help and not hurt residents since it would give Staff the
ability to issue a lesser penalty and not a greater penalty. Bremer noted the current ordinance requires a
steeper penalty.
Mattick noted this provision is not adding additional sections to the City Code. Mattick stated this came
about as a result of a suggestion from the Police Chie£ Mattick stated most communities do not find that
administrative fines are not a revenue maker for them and are designed to allow city staff to impose a
lesser penalty.
Anderson moved,Printup seconded,to adopt ORDINANCE NO. 117,Third Series,an Ordinance
Adopting the 2014 Fee Schedule,an Ordinance Repealing Ordinance No. 98,Third Series,and to
adopt SUMMARY ORDINANCE NO.118, Third Series,an Ordinance Adopting the 2014 Fee
Schedule and Repealing Ordinance No. 98,Third Series,with the heading on Page 31 of the
Administrative Offense Fees Schedule being changed from recreation fire to open burn.
Mayor McMillan opened the public hearing.
Page 6 of 35
' MINUTES OF THE
� ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(PUBLICHEARING, Continued)
There were no public comments regarding this item.
Mayor McMillan closed the public hearing.
VOTE: Ayes 5,Nays 0.
McMillan stated she wanted to show on the overhead the information regarding the costs for a private
well versus city water.
McMillan stated she also wanted to remove the interest charges that would be incurred on the Enterprise
Water Fund budget since the City Council has not determined whether to bond for certain projects yet.
McMillan noted the capital outlay should read $574,500 rather than $874,500.
McMillan noted the cost to operate a private well is an estimated $663.
Struve stated a lot of residents feel it is cheaper to operate their own well partly because all the costs to
install the well and yearly maintenance are not factored into the yearly cost. Struve indicated he used a
40,000 gallon usage estimate, which comes to 270 gallons per household per day, which does not factor
into yard watering. Struve stated the average quarterly usage for an Orono resident is difficult to arrive at
since a number of residents do not live here year-round
McMillan noted rust removing chemicals are also not included.
Anderson moved,Printup seconded,to adopt RESOLUTION NO. 6352,a Resolution to Adopt the
2014 Enterprise Fund Budgets,with the interest charge being removed and the capital outlay
number being corrected to read $574,500. VOTE: Ayes 5, Nays 0.
McMillan noted this is year two of the capital improvement plan and that the City goes out 20 years.
McMillan questioned whether the City only needs to go out 10 ar 15 years.
Levang stated in her view 15 years would be sufficient.
Anderson indicated she would prefer 15 years rather than 10 years.
McMillan stated she would also like to see a historical page included of the projects that have been
completed and the funds that have been expended.
Levang noted the City Council discussed not putting out all the docks and asked whether that has been
taken into consideration.
Struve indicated they are not all included and that the number has been cut in approximately half. Struve
noted there were some issues raised with some of the docks since City Code does not allow jumping off
docks, using them to land boats, as well as various other things, which led to the question of why some of
these docks are installed. Struve stated he will be bringing specific dock installations to the City Council
in the spring.
Page 7 of 35
MINUTES OF THE '
ORONO CITY COUNCIL MEETING �
Monday,December 9,2013
6:30 o'clock p.m.
(PUBLICHEARING, Continued)
Levang noted Page 25 lists city hall roof replacement at a cost that was based on a 2008 report. Levang
asked whether there are any newer cost estimates.
Struve indicated that was not assessed as part of the study on the police department building and would
need to be reassessed at some point.
Levang stated she is not sure what that cost was based on.
Bremer stated there was concern raised about the roof in 2008 and some minor repairs were made but that
those were not long-term.
Levang asked whether the summer golf course helper has commented on the equipment costs listed on
Page 7.
Struve indicated he has not spoken with the summer helper but that he has reviewed the equipment costs
with the golf course manager.
Levang asked what the costs for the Navarre park-n-ride relates to.
Struve stated that is to strip the parking lot.
Levang asked what the Navarre planters relate to.
Struve indicated that item was supposed to be removed.
McMillan noted the Brown Road landfill was also supposed to be removed. McMillan stated as it relates
to the CIP, the Navarre trail sidewalk is listed for 2015. McMillan stated she has some concerns listing a
specific year for that project.
Struve stated that item was listed for 2014 in the previous CIP and Staff will be exploring some potential
funding sources. Struve stated that item will likely be delayed if funding sources are not found.
McMillan noted yearly inspection of the north water tower is also listed and asked whether that should be
an operating cost.
Struve stated that is based on a proposal from an engineering firm to repaint the water tower, which
contains a five or ten year period for inspections. Struve noted that item has not been finalized at this
point and that it will be brought before the City Council likely in January.
McMillan indicated she would like to see a 15-year CIP created.
Levang stated she would like the opportunity to study it further.
Bremer asked whether it is necessary to approve it tonight.
Page 8 of 35
� MINUTES OF THE
' ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(PDBLIC HEARING, Continued)
Struve indicated he can make those changes and bring it back to the City Council in January. Struve
noted the City Council would not be approving the projects as part of approving the CIP.
Levang asked what the pond maintenance study under 2014 on Page 19 relates to.
Struve stated the City's MS4 permits require maintenance plans be developed for all stormwater retention
ponds.
Levang asked how many ponds the City has.
Struve indicated there are approximately 30 ponds that the City directs water to but that he is not sure of
the exact number of stormwater treatment ponds.
Levang suggested that read stormwater treatment pond rather than pond maintenance study.
The City Council took no formal action on the 2014 Capital Improvement Plan.
PLANNING COMMISSION COMMENTS—JON SCHWINGLER,REPRESENTATIVE
None.
LMCD REPORT—ANDREW MCDERMOTT,REPRESENTATIVE
None.
PUBLIC COMMENTS
None
PLANNING DEPARTMENT REPORT
*6. #13-3615 JAMES ANDERST,3384-3386 SHORELINE DRIVE,CONDITIONAL USE
PERMIT—CLASS II RESTAURANT—RESOLUTION NO. 6353
Levang moved,Anderson seconded,to adopt RESOLUTION NO. 6353,a Resolution Granting a
Conditional Use Permit for a Class II Restaurant Use per Municipal Zoning Code Section
78-644(4); Amending a Prior Conditional Use Permit; and Granting Variances to Sections 78-1403
and 78-1405,with the hours of operation being changed to read 8 a.m.through 11 p.m. Sunday
through Thursday, and 8 a.m. to 1 p.m.Friday through Sunday. VOTE: Ayes 5,Nays 0.
Page 9 of 35
MINUTES OF TAE �
ORONO CITY COUNCIL MEETING '
Monday,December 9,2013
6:30 o'clock p.m.
7. #13-3616 CITY OF ORONO,ZONING CODE AMENDMENT—ALTERNATIVE
ENERGY SYSTEMS—ORDINANCE NO. 119 AND SUMMARY ORDINANCE NO. 120
Gaffron noted at the November 25 City Council meeting Staff was directed to draft a revised alternative
energy systems ordinance that would prohibit wind energy conversion systems or WECS, prohibit
hydronic furnaces, and would prohibit ground mounted solar energy systems.
Gaffron stated attached to the City Council packet is the ordinance and summary ordinance that
accomplishes those purposes.
McMillan noted the City Council has had quite a bit of discussion regarding this ordinance already.
Levang thanked Staff for making the requested changes.
Levang moved,Anderson seconded, to adopt ORDINANCE NO. 119,an Ordinance Amending
Orono Municipal Code Chapter 78 of the Orono Zoning Code by Adding Section 78-1379,
Alternative Energy Systems,and to adopt SUMMARY ORDINANCE NO. 120,an Ordinance
Amending Orono Municipal Code Chapter 78,the Orono Zoning Code by Adding Section 78-1379,
Alternative Energy Systems. VOTE: Ayes 5,Nays 0.
8. #13-3636 LIXIAO WANG,3059 FARVIEW LANE—VARIANCES
Lixiao Wang, Applicant, was present.
Curtis stated the applicant recently purchased the subject property and would like to construct a 6' x 34'
one-story garage addition to the home in order to better accommodate indoor vehicle parking. There is a
small portion of the lake side of the home which currently encroaches into the 75-foot setback, but for the
most part the home is situated right at the 75-foot lakeshore setback. The applicant's home is situated
entirely ahead of the average lakeshore setback line.
The garage addition is proposed to be constructed over a portion of the existing driveway resulting in only
36 square feet of additional total hardcover or 11.8 percent total for the site where 25 percent is allowed.
At the October Planning Commission meeting,the applicant proposed a 12-foot addition. The Planning
Commission voted 5-0 on a motion to recommend denial of the applicant's variance request and
recommended the addition be reduced by half the depth. The application was tabled.
At the November Planning Commission meeting, the applicant opted to propose a 9-foot addition, citing
the need to accommodate each of his vehicles. The Planning Commission questioned why the applicant
proposed a 9-foot addition instead of the recommended 6-foot addition. Following the recommendation
for denial,the Commission discussed the fact that they would still be supportive of a 6-foot addition.
The proposed garage addition as revised will encroach 4.7 feet into the required 30-foot side yard setback.
The garage portion of the home currently meets the 30-foot side setback. As revised, the addition will be
approximately 72 feet from the lake where a 75-foot setback is required. Approximately 14 square feet of
additional structure within the 75-foot setback is proposed.
Page 10 of 35
� MINUTES OF THE
' ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(8. #13-3636 LIXIAO WANG, 3059 FARVIEW LANE— VARIANCES, Continued)
The applicant's revised detailed garage plans better clarify the existing usable space within the garage.
However, Staff continues to find that creating a more nonconforming structure is out of character with the
neighborhood. The revised addition adds mass within the eastern side setback area and also within the
average lakeshore setback. The applicant has failed to demonstrate that enforcing the provisions of the
Zoning Ordinance deprive them of the reasonable use of the property. Staff continues to recommend
denial of the variances. The City Council should consider the applicant's revised proposal.
Lixiao Wang, Applicant, stated he is proposing a 9-foot garage addition and that he has just recently
purchased the property. Wang indicated their first project was connecting to city sewer and that they then
decided that a three-car garage would better fit their needs.
Wang stated they initially proposed a 12-foot garage addition, which the Planning Commission
recommended be reduced. Wang indicated their revised plans call for a 6-foot garage addition, which
would allow them to fit a small vehicle inside the garage as well as provide space for their other two
vehicles.
McMillan noted she attended the November Planning Commission meeting and that a number of the
Commissioners recommended the garage addition be reduced down to six feet. McMillan stated she
understands that an 18-foot garage does not leave a lot of extra room but that she is not sure whether that
is a practical difficulty.
McMillan indicated one of the concerns she has is the rooftop deck since it is located in front of the
average lakeshore setback. McMillan stated aliowing the 18-foot garage might be a practical difficuity
but that the rooftop deck is not.
Wang stated they would be willing to remove the deck.
Anderson stated she does not support this application whatsoever and that in her view the nonconformity
should not be increased. Anderson stated to a certain extent this is somewhat of a self-imposed hardship
since the applicant has just recently purchased the property and knew what type of vehicles he owned and
the size of the garage.
Anderson indicated she did visit the site and that in her view there is room up by the road for a garage that
might accommodate their needs. Anderson noted there currently is an encroachment into the average
lakeshore setback and the 30-foot setback.
Curtis indicated there is a spot up by the road that would be out of the wetland and meet the setbacks for a
detached accessory building.
Levang stated at the Planning Commission meeting the inability to have a turnout or an area for backing
out was also discussed.
Curtis stated part of the applicant's driveway exists via an easement over the property line. One of the
concerns Staff had is that expanding the structure gave them less maneuverability in that area.
Page 11 of 35
MINUTES OF THE '
ORONO CITY COUNCIL MEETING �
Monday,December 9,2013
6:30 o'clock p.m.
(8. #13-3636 LIXIAO WANG, 3059 FART�IEW LANE— VARIANCES, Continued)
Wang stated as it relates to that issue, he has measured the distance and that the current way to back out is
straight back. Wang stated in his view adding on to the garage would not affect that.
Levang noted that Staff feels it could be an issue.
McMi(lan asked where the driveway ends.
Curtis stated it is difficult to highlight it on the survey, but that there is a piece of the driveway that is
located on the neighboring property.
Wang pointed out the portion of the driveway on the neighboring property.
McMillan asked whether they currently drive over their well.
Wang stated if they park further away from the garage,they do not drive over the well.
McMillan asked if they will need to drill a new well.
Wang stated they will not if they go with the 6-foot garage addition.
Printup asked what the practical difficulty would be in this situation. Printup stated the way it sounds to
him is that the City has required more from other applicants, and if someone needs to park outside, they
need to park outside.
Mattick stated Council Member Printup is right on point, and that since there is a garage to begin with,
the question is whether it is a practical difficulty to not have a three-car garage. Mattick stated the other
question is whether the garage should be increased to accommodate certain sized vehicles, which
typically does not amount to a practical difficulty.
Levang indicated that is her feeling as well and that there is currently a garage on the property where
some vehicles can be parked in. Levang stated it is the homeowner's choice on what type of vehicle they
drive and that it is not the City's responsibility to ensure the garage is big enough to accommodate all
their vehicles. Levang noted she also is opposed to the deck.
Mrs. Wang stated her daughter is 16 and she also drives. Wang stated her daughter has to drive to
Wayzata High School every day and that is one of the reasons why they would like to be able to park all
the vehicles in the garage.
Levang commented the City Council understands that.
Bremer noted she used to live in this neighborhood and that she was aware the house was for sale.
Bremer stated she knew someone who was interested in the property but that they elected not to purchase
it because it only had a two-car garage. Bremer stated the price of the house was what it was due to the
two-car garage and that the size of the garage was likely limited initially because of the average lakeshore
setback. Bremer stated she has difficulty approving a third stall.
Page 12 of 35
' MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(8. #13-3636 LIXIAO WANG, 3059 FARVIEW LANE— VARIANCES, Continued)
Bremer noted the City has had applicants with one-car detached garages who have requested attached
garages, and that the City tends to be very strict with properties located on the lake and encroaching onto
the average lakeshore setback. Bremer stated if the other members of the City Council were supportive of
the garage addition without the deck, she might be more open, but that she has not heard that type of
support so far.
Wang stated they asked the City prior to purchasing the property if it would be possible to add on to the
garage. Wang noted the previous property owner constructed an elevator in the garage which prevents
them from parking a car in that stall. Wang stated the City indicated to them that it is possible to add on
to the garage so they went ahead and purchased the property. Wang stated they have done everything the
City requested, including connecting to the city sewer, and that they are asking for a little addition on to
the garage so they can fit a small car in there. Wang stated the difficulty they are experiencing is that
their daughter has to drive a car that is frozen and has to be cleaned of snow.
Bremer commented that is a life difficulty. Bremer stated she also lived in a house with a single car
detached garage and that one of the reasons she moved is because of the small garage. Bremer indicated
her current garage is only a two-stall garage.
Bremer noted this property is in a very restricted zone by Lake Minnetonka and that the City Council has
to protect the lake and uphold the restrictions wherever possible. Bremer stated she understands the
applicant's daughter may be upset if she is not able to park her car inside the garage.
Wang stated the elevator takes up space so they are not able to utilize that portion of the garage. Wang
stated he would like to increase the functionality of the garage.
Levang asked where an accessory garage could be constructed on the property.
Curtis stated on a lakeshore property, a detached garage less than 750 square feet can be located ten feet
from the road and the rear lot line when the doors are facing away to the side. If the structure is between
750 to 1,000 square feet, it has to meet a 15-foot setback. Curtis pointed out the location of the hill and
indicated a garage could be constructed in that area.
Bremer noted a number of trees would be lost if a garage is constructed there.
Curtis indicated the garage could also be pulled toward the house somewhat.
McMillan commented a garage in that location would be more intrusive to the neighbors.
Bremer asked what the elevation of the road is.
Gaffron indicated it is at 959 at the road and that it would be about a 25-foot drop.
Page 13 of 35
MINUTES OF THE '
ORONO CITY COUNCIL MEETING �
Monday,December 9,2013
� 6:30 o'clock p.m.
(8. #13-3636 LIXIAO WANG, 3059 FARVIEW LANE— i�ARIANCES, Continued)
McMillan stated a standard size garage now appears to be 20' x 24' for a two-car garage. McMillan
noted the house is also not in a conforming location for a number of reasons and would never be
conforming even if it was torn down and rebuilt somewhere else. McMillan stated the Council in the past
has found that not having a garage in Minnesota during the winter is a practical difficulty but that this
property does have a two-car attached garage already.
Printup stated the City Council's hands are tied given the City Codes and philosophy of protecting the
lake. Printup indicated he has a difficult time approving this application when other applications have
been denied for similar reasons, especially when there is another location on the property where a garage
could be built.
Wang stated they are going to follow the roofline of the house, which is grandfathered in.
McMillan stated if they were going to construct new,that would not be allowed.
Anderson noted the adjoining property owned has expressed a number of concerns about the proximity of
the garage and the current driveway. Anderson stated she has a difficult time approving an expansion that
is nonconforming and that she does not see a hardship.
Anderson moved,Printup seconded,Application No. 13-3636,Lixiao Wang,3059 Farview Lane,to
direct Staff to draft a denial resolution.
McMillan indicated she would be okay with the addition without the rooftop deck. McMillan stated the
six feet woutd help make it a more functional garage.
Levang noted the Planning Commission also indicated they would be supportive of a 6-foot addition.
Bremer stated she wished the applicant had gone forward with the 6-foot addition at the Planning
Commission meeting so they could have reviewed the proposal.
Wang stated he initially thought he would need nine feet and that after the meeting he measured the car
and found out that six feet would work.
Levang asked whether the Planning Commission was unanimous in their support for a 6-foot garage
addition.
Curtis indicated they did not formally vote on it but that it appeared to be well received.
Printup stated he would prefer that the 6-foot addition go back to the Planning Commission.
Levang stated she is in agreement with Council Member Printup.
Page 14 of 35
� MINUTES OF THE
' ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(8. #13-3636 LIXIAO WANG, 3059 FARVIEW LANE— VARIANCES, Continued)
Curtis asked whether the applicant would be agreeable to an extension.
Wang indicated he is.
VOTE: Ayes 2,Nays 3,McMillan,Bremer,and Levang opposed. MOTION FAILED.
Levang moved,Bremer seconded,to table Application No. 13-3636,Lixiao Wang,3059 Farview
Lane,and to send the application back to the Planning Commission. VOTE: Ayes 4,Nays 1,
Anderson opposed.
9. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP,LLC,2350
WATERTOWN ROAD,AND XXX WILLOW DRIVE NORTII—PRELIMINARY SUBDIVISION
Willi Abbott, Applicant, was present.
Gaffron stated the applicant is requesting preliminary plat approval for a 7-lot single-family residential
subdivision to be known as Oliver Hill. The total site consists of 4.29 acres, of which 1.24 is wetlands.
The area is currently zoned RR-1B, which is a two-acre zone, but is guided in the Comprehensive Plan for
low to medium residential density at two to three units per acre. Similar to what was done with the
Glendale Cove subdivision to the north,the applicant is proposing to do a subdivision that would have an
overall density of 1.9 units per acre. There is not a zoning district to rezone to other than the RPUD or
residential planned unit development district. In addition, the applicant is requesting rezoning of the site
to Residential Planned Unit Development.
Gaffron noted the Planning Commission at its November meeting voted 5-0 to recommend approval.
The applicant is proposing a subdivision that includes an open parcel adjacent to Willow Drive and then
to the east of that,there is an existing house on a wooded parcel. The wooded parcel has a creek running
through it. The creek comes from the area of the baseball diamond at Hackberry Park and works its way
to the southeast. It eventually ends up down towards Watertown Road.
The applicant is proposing to preserve an area to the northeast of the creek as a tree preservation area.
This is proposed as a public road situation. Due to the density, the lots would be approximately one-third
of an acre each. Similar to what was done with Glendale Cove, there would be city sewer. In other
similar situations, based on the density, the City has created public roads rather than private.
Gaffron stated the Planning Commission concluded that the RPUD is the right zoning for this parcel. The
Planning Commission also looked at a Conservation Design and Master Plan that was completed for the
site. The overall grading plan, including the proposed public road, development of the home site,
stormwater management systems result in a significant amount of removal of some of the trees on the site.
The tree stand to the north is basically the only stand of trees that would remain. Based on that,the
Planning Commission recommended there be additional landscaping along Willow Drive.
Page 15 of 35
MINUTES OF THE '
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #I3-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP, LLC, 2350
WATERTOWN ROAD,AND�O�WILLOW DRIVE NORTH—PRELIMINARY SUBDIVISION,
Continued)
There is a proposed cul-de-sac road that will exit to Willow Drive that accesses directly across from
houses on the west side of Willow Drive in the Hackberry neighborhood. The City does not have much
flexibility with the location of the road exit. The Planning Commission looked at the potential impacts of
traffic in and out of this development on the approximately half a dozen houses that are located across
from this development. One of the options suggested was to reorient the angle or the slope of the road
access on to Willow as well as potentially offer that neighbor some screening. In addition,the Planning
Commission looked at whether the road could be relocated north and south and the conclusion was that it
would be too difficult.
Gaffron noted there is a 20-foot corridor that goes to Watertown Road that is serving today as the
driveway for the house located on the easterly parcel. That house, as part of this project, would be
removed and that driveway would no longer be necessary. The Planning Commission concluded that
rather than attempting to keep that as a trail or some sort of a corridor that serves this development,the
road should be removed and the area returned back to natural vegetation. Since it is an Outlot, it could
potentially be sold to one of the neighbors.
In reviewing the RPUD lot standards, one of the concerns was that because Willow Drive is a collector
road, it would reyuire under the zoning code and the RPUD standards to have a 50-foot side street
setback. Lot 1, Block 1, and Lot 1, Block 2,the two lots on either side of the new road, would require a
50-foot setback from Willow Drive. A 25-foot setback is proposed. The Planning Commission
concluded that 25 feet would e comfortable to them as long as there is some additional screening put in
place along those houses on Willow Drive.
The lot width requirements for the RPUD district is a 90-foot standard. Lots 3, 4, and 5 are located on a
cul-de-sac. At the required setback, they do not meet that width. Gaffron indicated it is not uncommon
for the City Council in the past to grant variances to cul-de-sac lots that are pie-shaped and open up
towards the back. The Planning Commission was not opposed to that.
The other item of flexibility with the RPUD standards is the lot area. Lots 1, 3, and 4 contain contiguous
dry buildable area that is slightly less than the required 15,000 square feet or a third of an acre. Gaffron
stated on the basis that the overall density is achieved and is acceptable to the City Council there is
sufficient area within those three lots to allow the homes to be developed.
The Planning Commission also discussed the fact that the applicant is proposing to construct modestly
priced homes and looked at whether the 15 percent structural coverage is appropriate as opposed to the
RPUD standard of a 50 percent floor area ration. The conclusion was that the floor area ratio of 50
percent would allow significantly larger homes to be built on the site, which does not mesh with the lot
size or the applicant's proposed house sizes. The Planning Commission determined the 15 percent limit
would be appropriate and recommended that they did not or the tree preservation areas. Some of this
same type of discussion was had with the Northern Avenue application; which encompasses the wetland
areas as well as the areas to be preserved. In this case the Planning Commission stated they would rather
have individual lots with an easement over it rather than a common outlot.
Page 16 of 35
' MINUTES OF THE
� ORONO CITY COUNCIL MEETING
Monday, December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ONBEHALF OF THE BROADWAY GROUP, LLC, 2350
WATERTOWN ROAD,AND�WILLOW DRIVE NORTH—PRELIMINARY SUBDIT�ISION,
Continued)
Under the RPUD standards,there is a requirement for a 10 percent private recreation area coming out of
the plat. The Planning Commission felt that requirement would be substantially met with the dedication
of the proposed conservation easement over the defined tree preservation area northeast of the creek as
well as dedication of a 20-foot wide trail easement that would be located over the existing sewer easement
and sewer line. Lots 1 and 2, Block l, have an existing sewer but it is not shown as an easement, which
would need to be created. Gaffron stated he is not sure why the sewer is in place without an easement.
One of the requirements would be to create that extension of the 20-foot sewer easement that goes
east/west across the property. A trail easement would then concurrently be granted over that so people
can access from Willow Drive into the tree preservation area. The Planning Commission felt that that
would suffice for the 10 percent recreation area for the RPUD.
The Planning Commission also noted that this development is right across the street from Hackberry Park
and that the 10 percent recreation area may not be as critical for this type of development as opposed to
the Stone Bay development.
The Planning Commission further recommended that the layout and the site configuration did not justify
the creation of an Outlot to accommodate the wetland or the tree preservation areas. Gaffron noted this
was a similar discussion that was had on the Northern Avenue development. Staff recommended in that
case that there be an outlot that encompasses the wetland areas as well as the areas to be preserved. In
this case the Planning Commission said they would rather have individual lots with their own easements
rather than having an association own an Outlot that everybody would have an interest in.
Gaffron stated as it relates to the grading and landscaping plans, the applicant is proposing five individual
rain gardens. Some of those rain gardens straddle lot lines. The intent would be that there would be
easements not only over the wetland/tree preservation areas but also over the rain gardens. The rain
gardens would need to be maintained as stormwater management facilities.
The developer has confirmed that he will be putting in municipal sewer and private wells rather than city
water. The City of Orono does not have city water available but there is an agreement with the City of
Long Lake that deals with sewer and water systems. The developer should not encounter any issues with
bringing sewer to this site and would connect at a location that is within Qrono. The developer would be
required to pay some connection fees to Long Lake for the sewer system.
Under the RPUD zoning,the properties are assigned to the hardcover protection Tier IV which allows 50
percent hardcover on each lot. This subdivision should be able to meet that limit. There will also be the
standard drainage and utility easements around the perimeter of the property. There would also be a
conservation easement that would need to be drafted as well as the standard wetland easements.
(Recess taken from 8:30 p.m. to 8:37 p.m.)
Page 17 of 35
MINUTES OF THE �
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP,LLC, 2350
WATERTOWN ROAD,AND�7�Y WILLOW DRIVE NORTH—PRELIMINARY SUBDIVISION,
Continued)
Gaffron stated in terms of park and trail easements and fees or dedication,the Comprehensive Trail Plan
shows that there was intended and perhaps still is intended a trail segment that follows Willow Drive
down from the new Highway 12 corridor. That trail does not currently exist and whether it ever will is
questionable. With the Glendale Cove subdivision,the City obtained a 10-foot trail easement along the
west side of the property all the way down to where this property begins. Gaffron stated it would make
sense to also obtain a similar 10-foot easement on this property for a possible future trail.
There would also be a park fee based on six lots rather than seven since they would receive credit for the
existing house. The city assessor would need to take a look at the final values, but it would be eight
percent of the total value, which would be somewhere between $19,000 and $33,000 in total park fees.
As it relates to stormwater and drainage improvements,the applicant is proposing a number of rain
gardens. The subject property is also going to be required to pay a stormwater and drainage trunk fee that
would amount to approximately $28,000.
Gaffron stated the applicant is proposing a 50-foot wide corridor for the public road with an expansion to
the property to the southeast. If that property is ever developed,that narrow triangular area would make it
potentially possible. Gaffron indicated he is not sure how that property will be developed but that this
would allow for that possibility. The developer will be constructing the road and sewer lines at his cost
and the costs would not be assessed.
The City Council should consider the following:
1. Should development of this site be as a Residential Planned Unit Development. From Staff s
perspective,there is not another option and it should be rezoned as an RPUD.
2. Does Council have any issue with the flexibility required for certain lots as noted regarding lot
width contiguous buildable area or setbacks.
3. Similar to Glendale Cove, at the proposed urban density, this new cul-de-sac road is intended to
be a public road and the City will ultimately maintain the road and municipal sewer system that
the developer constructs.
4. The Planning Commission has recommended against creation of an outlot for preservation of
the natural amenities of the site, preferring that each lot contain its share of the areas to be
protected via conservation easements.
5. Is Council in agreement with the Planning Commission that the 10 percent recreation area
required by the RPUD standards is satisfied by dedication of easements for tree preservation
and a walking easement over the existing and proposed 20-foot sewer easements.
6. Council should discuss the proposed landscaping and confirm that additional trees along
Willow Drive should be added as a buffer to this development.
Page 18 of 35
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP,LLC, 2350
WATERTOWN ROAD,AND�Gi�WILLOW DRIVE NORTH—PRELIMINARY SUBDIVISION,
Continued)
Staff recommends the following:
1. Process the subdivision via rezoning to a RPUD.
2. Approval should be subject to the standard platting requirements establishment of a developer's
agreement for the public and private improvements, payment of park dedication fees,
stormwater trunk fees, granting of appropriate easements, etc.,to be defined and enumerated in
a resolution for preliminary plat approval.
3. Approval subject to the current and forthcoming comments of the City Engineer and Fire
Marshal.
Levang noted in regards to the 10-foot trail easement,House No. 1,Block 2, and House No. 1, Block l,
shows 25 feet.
Gaffron stated they do not have the 50-foot setback that would be required for a collector road side street.
A 10-foot trail easement potentially puts a trail 15 feet from the side of those two homes. Gaffron noted
that if this was zoned RR-1B,which would be similar to the property across the street, the side street
requirement would be 15 feet rather than 25 or 50 feet. Gaffron indicated the homes across the street vary
in their setbacks, with the three homes that are located on Willow being set back 50, 50 and 35 feet. The
house on the corner at an angle is set back approximately 15 feet,and the one at the corner of Willow and
Watertown Road is 25 feet.
Gaffron stated one of the questions that came up earlier today was whether or not this would change the
character of the neighborhood since you would see the side of the homes rather than the front of the
homes.
Anderson asked if there is a walking easement from the treed area.
Gaffron stated the applicant initially proposed a pian that would have connected the cul-de-sac road down
to Watertown Road with a trail corridor as well as an easement along Willow Drive and a connector that
comes in essentially through the wetland to the very north boundary of the property as it goes east. One
of the questions raised at the Planning Commission meeting was regarding the trail. The Planning
Commission noted the City already has a sewer easement and that it is likely that will need to be accessed
at some point. The Planning Commission concluded since it is a 20-foot corridor already, that it could be
used for a trail and would be offset from the neighboring property line by 20 or 30 feet. Gaffron noted
there will be times of the year when the wetland is not walkable.
Gaffron stated the next question that was raised was the rationale for providing access to the back of the
individual properties.
Page 19 of 35 - ---- - - - -
MINUTES OF THE '
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ONBEHALF OF THE BROADWAY GROUP,LLC, 2350
WATERTOWNROAD,AND�'YX WILLOW DRIVE NORTH—PRELIMINARYSUBDIVISION,
Continued)
McMillan commented the City needs to be careful about putting trails next to people's back yards if they
do not have any real meaning to them. McMillan noted the City has generally kept the trails close to the
roads and that going down the path of putting little pieces of trails in back yards is not a good idea.
Bremer indicated she is in agreement.
Levang stated it also creates an issue with maintenance.
Printup noted behind the fire department there is a connection to a park in Long Lake and it is a natural
point for the trail to join.
Printup asked when the two units per acre density were designated in the Comprehensive Plan.
Gaffron indicated that initially occurred with the 2000 Comprehensive Plan and was carried through in
the 2008-2030 Comprehensive Plan.
Willi Abbott stated they set out to create an opportunity for people to move into Orono more than to
divide up a bunch of land and build some houses. The goal of this development is to construct obtainable
and affordable development opportunities. Abbott indicated he is passionate about the Orono community
and wanted to provide this availability for small homes on medium sized lots that younger people could
move into. Abbott stated they are attempting to create something that fits within the neighborhood, such
as Hackberry and parts of Long Lake and in his view this proposal fits the Comprehensive Plan and fits a
need for the community.
Abbott stated in his view the trail concept needs a little further definition and noted the proposed trail
would not be for everybody in the community but is designed only for the inhabitants of this development
both in an active and passive way. The Planning Commission thought if the inhabitants of the
neighborhood wanted access to that back eastern triangle,they could with this trail. Abbott stated it
would only be a walking easement and the trail would not be chipped or paved. Abbott stated having a
trai( along Willow is a good idea given the amount of traffic on that road.
Abbott stated another opportunity that he is considering is a walking easement through the wetland along
the northern boundary. If people did not want to walk along Willow,there would be an opportunity to put
a crosswalk from that point over to Hackberry Park. Abbott indicated crossing anywhere to the south
would be close to the top of the hill and not very safe.
McMillan asked if there are any other plans for the outlot other than possibly giving it to one of the
neighbors. McMillan noted it is an awkward piece of land.
Page 20 of 35
' MINUTES OF THE
� ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #I3-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GRDUP, LLC, 2350
WATERTOWN ROAD,AND�WILLOW DRIVE NORTH—PRELIMINARY SUBDIVISION,
Continued)
Abbott indicated he has already spoken to the Martins and told them they would be given that piece of
property if it was not needed for this development. Abbott stated even if there is a walking easement put
over that property, it would still be given to the Martins, but the Planning Commission felt a trail in that
area would not be needed and he understands why people may not want a walking trail close to their
house.
McMillan noted there is an existing driveway to the house.
Abbott stated the elimination of that driveway would bring added value to the Martins property and the
other adjoining piece of property.
Levang stated typically Orono has developers who want to construct large homes on large lots and that
this proposal is a nice change. Levang asked whether some of the homes will be three stories.
Abbott indicated there would not be any three stories and the homes would be approximately 2,300 to
3,000 square feet on two floors. Abbott indicated they would not say no to a rambler but that the 15
percent limit would limit the number of lots where a rambler could be built. Abbott stated on Lots 1 and
2, Block 2, there might be some ramblers. Lots 1 through 5 would all be walkouts.
Levang asked if he is proposing three stories on the walkouts.
Abbott indicated there would not be three stories.
Bremer asked if he is saying that it would be up to the person who purchased the lot to decide what type
of home to build.
Abbott stated it would be two stories above the wa(kout.
Bremer noted the Citv would not allow three stories above the basement.
McMillan noted the basement would have to have at least 50 percent dirt around it not to qualify as a
story.
Gaffron state the majority of the homes that are depicted appear to be a story and a half.
McMillan stated he would be able to do two and a half stories or two stories and a walkout.
Abbott stated their plan at this point is attempting to show more roof detail and that he is attempting to
build the homes a little smaller with more jazzed up rooflines.
Levang asked what the difference between the Glendale Cove development and this development would
be.
Page 21 of 35
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GRDUP, LLC, 2350
WATERTOWN ROAD,AND�Y WILLOW DRIVE NORTH—PRELIMINARY SUBDIVISION,
Continued)
Abbott stated in his opinion the lots would be bigger with more spacing between them. Abbott noted that
.42 is the smallest lot and .88 is the largest lot.
Levang noted that is counting the wetlands.
Abbott stated the footprint of the homes will also be different. Abbott stated using the 15 percent is a
good idea since it works better with this type of development and will not affect the development. Abbott
indicated varying the setbacks will allow for more control over what gets built.
Levang asked if these will be spec homes.
Abbott stated they will be built with the help of the owner. Abbott indicated they have already seen a lot
of demand for the lots without marketing them and that they are working with a local builder to do the
construction.
Levang noted the layout depicts the home on Lot 5 as having a long driveway and that Lots 3 and 4 have
shorter driveways. Levang stated the homes on Lots 3 and 4 are in a line but the home on Lot 5 is back
further. Levang asked whether the homes on Lots 3 and 4 can be varied a little.
Abbott stated those can be varied and that this layout is not exactly what will be built. Abbott indicated
they do not have an idea exactly what will be built on those lots until what is being proposed for lot shape
is determined will work.
Levang asked if the homes on Lots 3, 4, and 5 will be in a pie shape, with three homes on a cul-de-sac.
Abbot stated they will be, and that the setback and length of the driveway will be varied so the homes are
somewhat different.
Levang asked if every house will be individualized.
Abbott stated it is their hope that will be the case.
Levang asked if Lots 3, 4, and 5 are all under the .34 acre for dry buildable.
Gaffron stated the total dry contiguous for Lot 3 is .44,Lot 4 is .66, and Lot 5 is .51. If all three lots are
combined,they have the most dry buildable. Lot 4 is approximately half of the area of the site. There is a
creek that runs northwest to southeast that limits the contiguous dry buildable in that area. Gaffron
indicated the developer will have some flexibility with Lot 5, a little less flexibility with Lot 4, but not
much with Lot 3.
Levang asked if Lot 3 is 75 feet in width.
Gaffron stated Lots 3, 4, and 5 are less than the required width.
Page 22 of 35
\
' MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ONBEHALF OF THE BROADWAY GROUP,LLC, 2350
WATERTOWNROAD,AND�'10�WILLOW DRIVE NORTH—PRELIMINARYSUBDIVISION,
Continued)
Levang asked if there is any way to change that besides decreasing it from three homes to two homes.
Gaffron stated the angle of Lot 2 could be changed so the home more or less is parallel with the lot lines.
Gaffron pointed out if the lot lines are changed between Lots 1 and 2 that would provide additional
flexibility. Gaffron noted the wetland has a big impact in this area, particularly on Lot 2, where the house
will be right up next to the wetland.
Levang stated the issue she has with the project are the two properties along Willow with the 25-foot
setback rather than 50 feet. Levang stated with the trail easement,those homes would be 15 feet from the
trail,and would be out of character with everything on that side of Willow.
Abbott stated the house could be 15 feet if it is assumed that someone constructs something on the entire
buildable envelope.
Levang stated those two homes feel out of character with the neighborhood because they seem too close
to the road. Levang stated she understands they will see the garage and not the actual house but that she
still has a problem with how close that is.
Abbott noted there are two homes across the street at 25 feet. Abbott indicated he is not totally in
agreement that it is out of character but that he understands what Council Member Levang is saying.
Levang noted the standard is 50 feet and those lots are being reduced to 25 feet and then the trail
easement would take another 10 feet.
Abbott stated in his view it is a good idea to put the trail in there. Abbott indicated he used to live off of
Watertown Road and they had a trail in their back yard. Abbott commented a number of people used the
trail along Old Crystal Bay road. Abbott noted they are looking at a RPUD and that there are some good
and bad points with the development. Abbott stated they are also trying to create more density, and in
order to do so,there will be some give and take.
Levang concurred the RPUD does provide some flexibility, but noted that because it is a collector road
and there is a significant amount of traffic on the road, it would feel odd to have two homes so close to
the road.
McMillan asked if any floor plans have been submitted.
Abbott stated until he knows what the exact shape of the lots will be, he has not spent a lot of time
creating floor plans. Abbott stated the homes will probably consist of 1,000 to 1,200 square feet on the
first floor.
McMillan asked whether these homes will have two or three-car garages.
Abbott stated they would probably be three car garages.
Page 23 of 35
MINUTES OF THE �
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP,LLC, 2350
WATERTOWN ROAD,AND X�,'Y WILLOW DRIVE NORTH—PRELIMINARY SUBDIVISION,
Continued)
McMillan stated one of her concerns with the development is that when they start building the homes,the
houses will get bigger, but that she does like what has been proposed for visuals.
Abbott stated their group is going to sit down and create footprints and basic plans for the homes on these
lots and that there will be very little variance for accommodating people who want to build big homes.
Abbott indicated they want to keep the price down and move the lots.
McMillan stated a three-car garage usually goes with a larger home, which is a concern.
Abbott stated he is not going to do that and that he is agreeable to limiting the size of the homes in a
development agreement.
McMillan stated in her view the layout is awkward and that when you look at the site, the cul-de-sac
looks very big and appears to take up half of the dry buildable. McMillan commented she understands
that he is doing his best to make the property work but that it is not the most aesthetically pleasing.
McMillan indicated she gets concerned with having narrow lots off of a cul-de-sac and that it feels like a
piecemeal design.
Abbott stated he attempted to purchase some land from one of the neighbors but he was not willing to do
that.
McMillan commented she likes a lot of the elements that are being proposed but that she is not sure
whether she can support three homes along the cul-de-sac.
Abbott stated they are also attempting to keep the cost of the lots and homes down, and if the number of
homes is reduced, that will raise the price on the other lots. Abbott indicated the current price of the lots
along Willow is around $500,000 and in the middle sixes on the back lots. Abbott stated if another lot is
taken out,they will be back to constructing bigger homes. Abbott noted the cost to bring water into this
development is astronomical, which is why they are going with private wells.
McMillan commented the cost of the land makes it difficult to do development in general in Orono.
Abbott stated adding a little more density helps keep the costs down. Abbott concurred the cul-de-sac is a
little weird but that they wanted to avoid flag lots. Abbott noted they are also allowing for more parking,
which is another expense. Abbott stated there is not a perfect answer for this development, but based on
the response they have gotten, people are interested in this type of lot.
Anderson stated given what the developer has to work with, it appears he has done a nice job with varying
the setbacks on the homes. Anderson noted this area is guided for two to three homes per acre and that
the developer is proposing 1.9 units, which is somewhat modest.
Anderson asked whether there are other options to deal with the stormwater rather than the rain gardens.
Page 24 of 35
• MINUTES OF THE
' ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP,LLC, 2350
WATERTOWN ROAD,AND J�XX WILLOW DRIVE NORTH—PRELIMINARY SUBDIT�ISION,
Continued)
Struve stated it ultimately will be up to the Minnehaha Creek Watershed District on how to handle the
stormwater. Struve indicated there are alternate ways to handle it depending on soil conditions and a rain
garden is one way to do it. Struve stated it would be the homeowner's responsibility to maintain it.
Levang asked Mr. Abbott if he is amenable to whatever the Watershed District requires.
Abbott indicated they are, and in talking with Staff and the engineers for this project, it was mentioned
that the stormwater pond is not required but suggested.
Gaffron indicated the Watershed District has some limitations, and if the hardcover is below their
hardcover percentages for the entire site, stormwater management is not required. The developer's
engineer believes there will not be the need for a single stormwater pond and that the rain gardens would
suffice. Gaffron stated absent the Watershed District's approval,he has to assume at this point that the
rain gardens would be an acceptable means to handle the stormwater. If the homes double in size,the
rain gardens may no longer be sufficient.
Gaffron noted some of the rain gardens straddle the lot lines, and without a homeowners association in
place to maintain those, maintenance will be between two properly owners to maintain them. Gaffron
stated some things will have to happen correctly to make them a valuable tool for stormwater
management.
Abbott asked if it is possible to place covenants on each lot so the homeowners and future homeowners
would actually be required to maintain those without a homeowners association.
Mattick indicated those covenants can be put on the development but then it becomes a matter of
enforcing them.
Levang asked if he is opposed to creating a homeowners association.
Abbott stated he is not and that a homeowners association might be a good idea with the rain gardens but
that the Planning Commission was not supportive of it. Abbott indicated he is agreeable to either doing it
with covenants or with a homeowners association.
Abbott asked if there is a difference between the homeowners association not taking care of the rain
gardens versus the individual homeowners.
Mattick stated not particularly. Mattick stated there is no easy fix to it but it is something that will need
to be contemplated. Mattick stated ongoing maintenance tends to become an issue and that the City does
not go around policing these things on a regular basis.
Bremer stated a homeowners association often takes on its own policing
Page 25 of 35
MINUTES OF THE '
ORONO CITY COUNCIL MEETING �
Monday,December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP,LLC, 2350
WATERTOWN ROAD,AND�Y WILLOW DRIVE NORTH—PRELIMINARY SUBDIVISION,
Continued)
McMillan stated the problem with the rain garden is ten years down the road and that new property
owners may not realize what the purpose of the rain garden is. McMillan suggested instead of having five
little rain gardens, he may want to consider two more substantial ones, and that in her view it is
piecemeal.
Abbott stated they might be able to move each rain garden on to each individual lot given the fact that
they do not have to have X amount of water treated. Abbott stated if the rain gardens are reduced
somewhat, perhaps one rain garden can be placed on each property rather than straddling two properties.
Abbott indicated he would be happy to move them on to one piece of property.
McMillan asked if the 15 percent lot coverage on the dry contiguous for Lots 3, 4, and 5 is okay.
Abbott indicated he would need to do that calculation.
McMillan stated she has a concern with the massing on the lots. McMillan noted they will not be able to
use the treed area and that he has to be careful about creating islands of land that cannot be used by the
homeowner.
Gaffron noted there are three lots that have a contiguous dry buildable area of.32 acres, and 15 percent
lot coverage, based on just the contiguous dry area, leaves approximately a 2,100 square footprint for the
house. Gaffron stated the homes that are depicted have 2,080, 1,750, 1,768, and 2,200 square feet, which
means that some of them will be right up to that limit.
Abbott asked whether it would be possible to go to 18 percent.
Gaffron stated the Council has the ability to put whatever number they are comfortable with on this
development. Gaffron indicated the 50 percent floor area ration as well as the 15 percent (ot coverage
was originally intended to be based on the entire lot area and was used as a massing tool. Gaffron stated
that restriction functions basically functions here but that 15 percent of the dry buildable for half of the
lots is real tight for what is being shown for house footprints.
Abbott stated a 2,500 square footprint would be more than enough and asked whether that would include
the basement.
Gaffron stated that would include the footprint of the house, the garage, and upper decks. Gaffron
indicated 15 percent is approximately 2,l 00 square feet and that he is not sure why that would be a
problem. Gaffron noted the plan does not include any outbuildings.
Abbot pointed out it would also not include any stoops and things like that, which would all go into that
calculation. Abbott stated the 18 percent would add a little bit more.
McMillan stated he may have to consider a two-car garage on one of the lots.
Page 26 of 35
' MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP,LLC, 2350
WATERTOWN ROAD,AND�X WILLOW DRIVE NORTH—PRELIMINARY SUBDIVISION,
Continued)
Levang noted Lot 5 says 1,768 square feet.
Anderson pointed out that does not include any decks or stoops.
Abbott stated those are merely examples of something that could be built.
Anderson asked what the 15 percent of the wet and dry buildable area would be.
Gaffron stated if the entire lot area is included, 15 percent of Lot 5 would be 3,700 square feet.
Anderson stated that is much bigger than what is being proposed and that she would not be opposed to
going a little higher on the dry contiguous.
Levang asked how that would impact the smallest lot.
Gaffron stated one of the smallest lots is .53 acres for Lot 3 and that Lots 1 and 2 of Block 2 are smaller
than that. Gaffron stated the smallest lot would be Lot 1 on the south side next to Willow, and at .4 acres,
15 percent would be approximately 2,600 square feet.
Levang asked if he is okay with 2,600 square feet.
Abbott asked if that would apply to all of the lots.
Levang indicated they are just looking at the smallest lot.
Gaffron stated that is with the wet and dry together. Gaffron noted Lot 1 on the north side is .88 but only
.32 of that is buildable.
Anderson noted 18 percent of the dry contiguous on that lot would be approximately 2,500 square feet.
McMillan stated as it relates to Lots 3, 4, and 5, in her view the other dry buildable would not be helpful
to the house and that she is attempting to put some constraints on the size of the homes.
Abbott stated he would be happy to agree to the structural coverage on only the dry contiguous if it is
raised to 18 percent.
McMillan stated on Lot 5 there should be a tree buffer and that she has a concern there will not be room
for landscaping if that property is maxed out. McMillan stated there should be some type of buffer along
W i 1low.
Abbott pointed out Lot 2 of Block 2 has the same issue and that he is working with the neighbor on the
landscaping in that area.
Levang asked if it is his intent to clear cut the lot.
Page 27 of 35
MINUTES OF THE '
ORONO CITY COUNCIL MEETING
Monday, December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ONBEHALF OF THE BROADWAY GROUP,LLC, 2350
WATERTOWN ROAD,AND X�'Y WILLOW DRIVE NORTH—PRELIMINARY SUBDIVISION,
Continued)
Abbott indicated it is not but that there are a fair number of scrub trees that will be removed. Abbott
stated they will also be planting some pine trees. The goal is to have a nice mix of trees with more
substantial trees rather than scrub trees.
McMillan asked if there would be living space above the garages.
Abbott stated that is a possibility.
McMillan stated with a 2,000 square foot perimeter, he would technically have 4,000 square feet above
ground with two stories.
Abbott stated they are not going to do 2,000 square feet on one level.
McMillan commented it would be helpful to see some floor plans and that she would like to make sure
there are some restrictions on the size of the homes on the substandard lots. McMillan stated the Council
could perhaps make that determination once the floor plans are more finalized and the exact lot
configurations are determined.
Levang stated on the larger lots, such as Lot 5, he should be able to adhere to the 15 percent based on the
dry contiguous.
Abbott indicated that would not be a probiem.
Levang noted Lot 3 would be the lot most impacted by that and asked whether the Council has the ability
to place different structural limits on each individual lot.
Gaffron stated with an RPUD,there would be more flexibility.
Levang stated she is leaning towards being more specific on whether 15 or 18 percent is a(lowed on each
individual lot.
Abbott indicated he is in agreement with that.
McMillan opened the hearing for public comment at 9:38 p.m.
There were no public comments.
McMillan closed the meeting to public comment at 9:38 p.m.
Printup moved to approve Application No. 13-3637,Willi Abbott on behalf of The Broadway
Group, LLC,2350 Watertown Road and XXX Willow Drive North,and to direct Staff to draft a
resolution for preliminary plat approval.
Page 28 of 35
' MINUTES OF THE
� ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP,LLC, 2350
WATERTOWN RDAD,AND X,i�'Y WILLOW DRIVE NORTH—PRELIMINARY SUBDI i�ISION,
Continued)
Anderson asked whether the motion should include the 15 or 18 percent.
Mattick stated due to the number of variables that need to be finalized, he would suggest the City Council
direct Staff to prepare a resolution that ultimately approves it.
Gaffron stated Staff will attempt to match the resolution to tonight's discussion and that Council can
determine whether anything should be added or deleted.
Abbott asked if the time limit needs to be extended.
Gaffron stated this will be back before the Council either the first or second meeting of January and that
the time limit does not expire until February 8.
Anderson seconded the motion.
McMillan stated she would also like to see a landscape plan.
Gaffron stated one of the recommendations of the Planning Commission was a beefed up landscaping
plan. Gaffron indicated he is not sure which trees will be removed as part of this development and that a
landscape plan would help illustrate what they are going to do, particularly along Willow.
Mattick stated he understands the desire to treat each lot on its own merits, but that he would encourage
the Council to come up with a number that works far the development as a whole.
Abbott stated they could do the lesser of, such as 2,600 feet or 15 percent. The larger lots would get the
lesser of option and the smaller lots would get the 15 percent or a higher percent.
Mattick stated the Council could take a look at that.
Levang noted the rain gardens and covenants were also items that were discussed.
McMillan stated a more finalized floor plan was also another item. McMillan stated as it relates to the
tree preservation, she would like to minimize the number of conservation areas.
McMillan asked whether Staff is diligent on making sure the appropriate areas are fenced off during
construction.
Page 29 of 35
MINUTES OF THE '
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
(9. #13-3637 WILLI ABBOTT ONBEHALF OF THE BROADWAY GROUP,LLC, 2350
WATERTOWN ROAD,AND J�WILLOW DRIVE NORTH—PRELIMINARY SUBDIVISION,
Continued)
Gaffron indicated Staff is diligent at monitoring septic systems and the Watershed District's review of
erosion control fabric. Gaffron stated the City has not had a lot of subdivisions in the past where there are
certain areas that need to be protected but it is something Staff could be mindful of on this development.
McMillan requested Staff keep an eye on that for this development.
VOTE ON THE ABOVE MOTION: Ayes 5,Nays 0.
*10. #13-3641 TRINITY LUTHERAN CHURCH, 2060 SIXTH AVENUE NORTH,
CONDITIONAL USE PERMIT—RESOLUTION NO. 6354
Levang moved,Anderson seconded,to adopt RESOLUTION NO. 6354, a Resolution Approving a
Conditional Use Permit for a Columbarium Wall,Memorial Landscape Wall,and Open Gazebo
Structure Pursuant to Orono Code Section 78-418. VOTE: Ayes 5,Nays 0.
*11. COUNCIL LIAISON TO PLANNING COMMISSION MEETINGS IN 2014
Levang moved,Anderson seconded,to approve the schedule for Council attendance at Planning
Commission meetings during 2014.
PUBLIC WORKS DIRECTORS/CITY ENGINEER'S REPORT
Struve reported the wood pile will be removed hopefully later this week. Struve stated given the snow
event last week,the road conditions in the City are slick in places. Struve noted cold weather does not
allow the salt to work and that the Public Works Department is doing all they can to get the roads in good
shape. The ice-packed snow on the roads will be removed once the weather warms up and that sand is
being used in the meantime to help with traction.
*12. PAY REQUEST NO. 5—WILLOW DRIVE RECONSTRUCTION PROJECT
Levang moved,Anderson seconded,to approve Pay Request No. 5 for the contractor C.S.
McCrossan in the amount of$29,745.66 for the Willow Drive Reconstruction Project. VOTE:
Ayes 5,Nays 0.
*13. PAY REQUEST NO. 9—ORONO ORCHARD ROAD RECONSTRUCTION PROJECT
Levang moved,Anderson seconded,to approve Pay Request No.9 for the contractor Minger
Construction,Inc., in the amount of$157,195.75 for the Orono Orchard Road Reconstruction
Project. VOTE: Ayes 5,Nays 0.
Page 30 of 35
' MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
MAYOR/COUNCIL REPORT
McMillan stated she met with Three Rivers last week to talk about the trail and the turnback of Old
Highway 12 to see whether Three Rivers would be interested in contributing to the traiL Three Rivers
indicated they will need to see if it can be a regional connection with the current Wayzata trail or future
Wayzata trail.
McMillan stated they also discussed the bike trail goes east on the north side of Orono, which then goes
east of the Long Lake Bank and then down to the park. There was a discussion regarding whether it
would impact some of the neighbors near the Red Rooster and whether it should cross over Brown and
then go east in front of the museum and the town center instead of going to Nelson's Beach. The
neighbors east of Nelson's Beach expressed some concerns about that portion of the trail. McMillan
stated Jim Grube indicated he would look at that.
Anderson commented some parking for the strip mall might be lost.
McMillan stated the trail would be narrowed up somewhat in that section but that Jim Grube would be
looking at that closer.
McMillan noted this is the City Council's last meeting for the year and that she would like to thank Staff
and Council for a successful year. McMillan stated consolidating the police department with the City of
Mound was a successful accomplishment and that she would like to thank the police chief for making that
a smooth transition.
McMillan stated the Public Works Department has done a good job in dealing with a late winter and lots
of snow in the spring. McMillan thanked Jesse Struve for his work on obtaining grants for the City this
past year.
McMillan noted the City is also experiencing a good uptick in building permits and that she would like to
thank the Planning Commission for all their efforts and input on the applications. McMillan stated she
would like to also thank the finance department and administration for another flat levy this year.
CITY ADMINISTRATOR'S REPORT
*14. 2013 INTERFUND TRANSFERS
Levang moved,Anderson seconded,to approve the transfers and loan pa,yments as indicated on the
2013 Schedule of Interfund Transfers and Loan Payments,and to adjust the General Fund budget
to reflect the amount of the transfer to the Police Capital Project Fund. VOTE: Ayes 5,Nays 0.
*15. AUTHORIZATION TO DISBURSE FUNDS FOR CLAIMS RECEIVED
Levang moved,Anderson seconded,to authorize the City Treasurer to disburse city funds in
payment of claims received for the December 23r`' Council meeting,which has been canceled, and
that such paid claims be presented for formal approval at the January 13,2014, Council meeting.
VOTE: Ayes 5,Nays 0.
Page 31 of 35
MINUTES OF THE '
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
16. 2014 NON-UNION EMPLOYEE COMPENSATION ADJUSTMENTS—RESOLUTION
NO. 6355
McMillan noted this item has been discussed a couple of times in Council work sessions and that there
are a couple of options to choose from.
Printup stated as it relates to Item No. 1 of the resolution, he would suggest a 1.5 percent pay adjustment
effective January 1 as the non-compounding or lump sum idea the City Council has discussed. As it
relates to Item 2, he would recommend the City go with the wage scale that was changed to eight steps,
with a starting step of 75 percent. Printup suggested the City grandfather those people that have been
hired since then. Printup stated new hires as of January 1 would fall under the eight steps. Printup
indicated Nos. 3 and 4 in the resolution are fine.
Printup moved,Anderson seconded,to adopt RESOLUTION NO. 6355,a Resolution Approving
Pay Plan Adjustments for Non-Union City Employees for 2014,with Item No. 1 reflecting a 1.5
percent pay adjustment effective January 1,2014,and to grandfather in any employees that have
been hired since January l,2013.
Mattick stated in clarification, his understanding is that the 1.5 percent is a lump sum, and that whatever
an employee's base rate of pay is at the end of 2013,they will get a 1.5 percent increase that would be
prorated throughout 2014, but at the end of 2014, their base pay goes back to what it is at the end of 2013
unless they add a step.
Mattick stated his suggested language would be that each employee shall receive a 1.5 lump sum increase
to their existing base pay and that the lump sum payment is not intended to increase the base pay. At the
end of 2014, employees' base salary would be the same as it was in 2013 if they did not receive a step
increase. The lump sum increase will be equally prorated throughout 2014.
Printup indicated he is fine with that language.
Bremer stated she is against the lump sum and that in her view the City should stick with COLA. Bremer
indicated she is fine with the 1.5 percent rather than 2 percent and noted the City's budget is set up to
support 1.9 percent. Bremer indicated she likes Council Member Printup's change to No. 2 and that she
would be amenable to eight steps starting with new hires. Bremer indicated she will be voting no on the
resolution and that she supports the second point but not the first.
Anderson stated she is okay with City Attorney Mattick's suggested language.
VOTE: Ayes 4,Nays 1,Bremer Opposed.
*17. PROPOSED 2014 OFFICIAL CALENDAR
Levang moved,Anderson seconded,to approve the 2014 Official Calendar. VOTE: Ayes 5,Nays 0.
Page 32 of 35
' MINUTES OF THE
� ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
18. ADMINISTRATIVE OFFENSES— RESOLUTION NO. 6356,ORDINANCE NO. 121 &
SUMMARY ORDINANCE NO. 122
McMillan noted there was a recommendation to change recreation fires to open burning earlier this
evening. McMillan asked if anything else should be changed in the ordinance.
Levang stated she would like Chief Farniok to explain this item so the public has a good idea of why
Orono is doing this. Levang indicated she understands other counties have adopted similar ordinances
and that an explanation of the rationale would be good for the public
Farniok stated approximately three years ago the Police Department started looking at this as an approach
between a formal citation and a warning. The City of Mound currently uses administrative citations.
Some of the officers are already familiar with using those and they saw it to be very effective in dealing
with overweight vehicles. Farniok stated in lieu of a formal citation, which carries a$145 fine for a
moving violation and the impact it has on a person's insurance record and insurance rates,this would give
the police department the ability to have some discretion with it being a petty misdemeanor rather than a
written warning or verbal warning.
Farniok noted the City of Mound wrote approximately 20 civil ar administrative penalties and that the
majority of those were paid within several weeks of the violation. Farniok stated this would give the City
the ability to have a mid-range fine and provides the police officers with an option that provides a
warning but does not impact a person's driving record and insurance.
Farniok indicated they did look at what violations this could be applied to with the City Attorney to
ensure they would not be violating any state statutes. Farniok noted the City of Corcoran has used it for a
few years with good success.
Levang asked for examples of when this would be used.
Farniok stated it would not be used on speeding violations but would be used on overweight vehicles or
inattentive driving and texting. Farniok indicated this would also eliminate the need for the officers to
appear in court.
Bremer stated they did discuss this at a couple of different Police Commission meetings and that Police
Chief Farniok has done some research into this and would like to be on the same page as some of the
surrounding communities.
Farniok noted that Spring Park is also interested in adopting similar fines.
Page 33 of 35
MINUTES OF THE '
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
18. ADMINISTRATIVE OFFENSES— RESOLUTION NO. 6356,ORDINANCE NO. 121 &
SUMMARY ORDINANCE NO. 122
Anderson stated this would be a good alternative for the younger drivers.
Farniok stated some of these are addressed to the more minor violations, such as inattentive driving, and
that the officer would have the option of writing a $60 fine versus a$145 fine.
Printup moved,Bremer seconded,to adopt ORDINANCE NO. 121 and SUMMARY ORDINANCE
NO. 122,Third Series,an Ordinance Providing for Administrative Offenses and Providing
Penalties for Violation of the Administrative Offenses,with the heading recreation fires being
changed to read open burning; and to adopt RESOLUTION NO. 6356, a Resolution Adopting
Penalties for Administrative Offenses Within the City of Orono. VOTE: Ayes 5,Nays 0.
*19. AUTHORIZATION TO PURCHASE 2014 SQUAD CARS
Levang moved,Anderson seconded,to approve the purchase of two 2014 Dodge Police Charger
AWD for$26,001.00, plus tax, registration and other miscellaneous fees from Dodge of Burnsville,
and two Ford Interceptor SUVs for$26,398.00 each, plus tax, registration and other miscellaneous
fees from Nelson Auto Center in Fergus Falls. VOTE: Ayes 5,Nays 0.
*20. DISPOSAL OF UNCLAIMED PROPERTY
Levang moved,Anderson seconded,to approve the disposal of unclaimed property by the Orono
Police Department through K-Bid or other similar type of public auction. Items not sold will be
discarded. VOTE: Ayes 5,Nays 0.
*21. ACCEPT RESIGNATION OF SERGEANT JAMES CORNICK
Levang moved,Anderson seconded,to accept the resignation of James Cornick effective
January 31,2014. VOTE: Ayes 5,Nays 0.
CITY ATTORNEY'S REPORT
Mattick stated he had nothing to report.
Page 34 of 35
' MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,December 9,2013
6:30 o'clock p.m.
*22. LICENSES AND PERMITS
One Day� Gambling—RESOLUTION NO. 6357
1. Orono PTO (raffle)
Mid-Winter Fun Fest—Orono Middle School
12:00 p.m.—4:00 p.m.
Saturday, February 8, 2014
Annual Liquor License
Club on Sale and Sunday Liquor
2. Spring Hill Golf Course
725 Sixth Avenue North
Levang moved,Anderson seconded,to approve the above-listed license and adopt RESOLUTION
NO. 6357,a Resolution Approving a Lawful Gambling application for exempt permit of the Orono
PTO for a one-day gambling activity. VOTE: Ayes 5,Nays 0.
*23. CLAIMSBILLS
Levang moved,Anderson seconded,to approve payment of the Alt Funds Account. VOTE: Ayes 5,
Nays 0.
24. CLOSED MEETING
Bremer moved,Anderson seconded,to go into closed session pursuant to Minnesota Statute 13D.03.
VOTE: Ayes 5,Nays 0.
(City Council went into closed session from 10:08 p.m. to 10:38 p.m.)
ADJOURNMENT
Bremer Moved, Anderson seconded,to adjourn the Orono City Council meeting at 10:38p.m.
VOTE: Ayes 5,Nays 0.
ATTEST
d`''-�- • �(/7J�
�� ,JL Y.� �-� -�• ,C��L� C�(C� .
Rachel Dodge, City Clerk Lili Tod McMillan, Mayor
Page 35 of 35