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HomeMy WebLinkAbout02-10-2014 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 1 of 30   ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Cynthia Bremer, Lizz Levang, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, 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, Consulting City Engineer David Martini, 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 1. CONSENT AGENDA Item Nos. 5, 8, 13, and 14 were added to the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION OF JANUARY 27, 2014 Levang moved, Printup seconded, to approve the minutes of the Orono City Council work session of January 27, 2014, as submitted. VOTE: Ayes 4, Nays 0. *3. REGULAR CITY COUNCIL MEETING OF JANUARY 27, 2014 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of January 27, 2014, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION 4. SENATOR DAVID OSMEK Senator Osmek reported he served on the Energy and Environment Committee last session and one of the interim projects he was involved in was learning about the nuclear reactor in Becker, Minnesota. In 2013, the MN Legislature passed a new tax bill after initially being voted down. Osmek indicated one piece of legislation that assisted Orono was an exemption to sales tax, which he supported. Osmek indicated he also started working on gaining access for buses on the shoulders on 494. Osmek stated there are a number of places throughout the metro area where buses are allowed to use the shoulders during rush hour traffic but for some reason Metropolitan Council and Mn/DOT was opposed to allowing that on 494. Osmek indicated he worked with the Metropolitan Council and Mn/DOT for a few weeks and they were able to resolve the issue at almost zero cost to the taxpayers. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 2 of 30   (4. SENATOR DAVID OSMEK, Continued) Another piece of legislation that was passed is what is called the growler bill. Growlers are the 64-ounce jugs of beer that tap rooms like to serve. Osmek indicated there were regulations on how much the tap rooms could sell before it triggered a prohibition, which was changed as part of the bill that was approved. Osmek stated this session the Legislature is looking at a possible 10-cent deposit fee on cans and bottles, repealing the business-to-business taxes that were approved as part of last year’s tax bill, repealing the telecommunications tax, the farm implement tax, and the warehouse tax, which comes into play on April 1. Osmek noted Greenfield currently has a fulfillment center that fits the definition for the warehouse definition. The company does not buy product or manufacture product but does distribute product. Osmek stated even though that company does not own the product, they would be taxed on it, which is something he would like to repeal. Osmek commented he is hopeful the Legislature will remove some of those taxes in light of the $1 billion tax surplus experienced last year. Osmek stated one of his main functions is to help the cities in his district and that he would welcome any questions or input by the City Council. Printup asked for more detail regarding the 10-cent deposit. Osmek stated Iowa has a nickel deposit on every aluminum can and plastic bottle and Michigan is considering dropping theirs due to a lack of success. Minnesota has a very successful rate of recycling without the deposit due to single-source recycling, which has turned into a highly regarded method of recycling. Osmek indicated the deposit would add $2.40 to every case of beer or $2.40 to every case of water. A person would be able to get that money back if they take it to a redemption center but the bottle or can, must be intact and cleaned out. Osmek stated while some people feel it will increase recycling in Minnesota, in his opinion it will decrease it. In addition, a number of organizations collect aluminum cans and sell them as one way to raise money. Osmek stated in his view the MN House is going to drop that piece of legislation but nothing is guaranteed. Osmek stated in his view Minnesotans would not benefit from that deposit. McMillan noted a piece of legislation was apparently passed where cities could protect email addresses of citizen if their particular city has a listserv. McMillan asked if that legislation applied only to listservs. Osmek indicated he would have to research that. Osmek noted any private e-mail addresses, if it is used for government business, would become part of government documents. McMillan commented it is sometimes difficult to follow pieces of legislation through the process because they are added at the last minute. Osmek stated another issue is lumping pieces of favorable legislation in with legislation that is not so beneficial. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 3 of 30   (4. SENATOR DAVID OSMEK, Continued) McMillan stated it makes it difficult for people to react to it when it is included at the last minute and passed in the middle of the night. McMillan stated in her view the omnibus bill should be broken up into different components. McMillan stated she would like to know as much as possible about forfeitures as it relates to police departments. McMillan stated to her understanding it will not be part of this upcoming legislative session. Osmek indicated that is Senator Thompson’s bill and it would provide more leniencies to forfeitures in cases where someone is not aware another person is using their car, then drives drunk and is caught, and the vehicle is seized. Presently those rules are very stringent and a person could lose their car due to behavior by another person that they have no knowledge of. Osmek stated he does not believe that bill is moving forward at the present time. McMillan requested Senator Osmek provide Orono with periodic updates on any pieces of legislature that are being proposed that would impact Orono. Osmek noted Mayor McMillan can sign up for his weekly e-mail updates that go out when the legislature is in session and then also every couple of months when the legislature is not in session. Osmek indicated e-mail is the best way to keep in contact with him. LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE McDermott reported at the last meeting the LMCD discussed increasing compensation for the three permanent LMCD staff members and the inspection grant the LMCD receives from the DNR. McDermott noted every year the grant has been getting smaller and smaller and that the LMCD will be discussing that program and whether any changes should be made to it. The LMCD also had their new election of officers. The chair is now Dan Bassen, the vice chair is Jay Green from Mound, the treasurer is Gary Huges from Spring Park, and McDermott indicated he has been re-elected as secretary. The LMCD also held their annual banquet last Wednesday, which was well attended. Senator Klobuchar’s office sent a representative to the banquet and Mayor McMillan attended the banquet along with a number of other local mayors. The LMCD also had a demonstration of the ROVER, which is the underwater diving piece of equipment that can perform search and rescue operations. The LMCD also discussed the pilot program for the boat operator license class that was started last fall. The LMCD would like to offer two or three more courses this summer since it was well attended last year. The state is also starting to look at implementing boat operator license requirements. McDermott noted at one of the upcoming meeting the local marina owners will be proposing some changes to LMCD’s commercial dockage requirements. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 4 of 30   (LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE, Continued) McDermott noted the applicant associated with EOF Investments has been in discussions with the LMCD. McDermott stated the LMCD does not have any outstanding issues with the proposed fuel storage tank but noted the LMCD does have some issues with the dock on Tanager Bay, which will need to be worked out. McMillan stated as it relates to the new aquatic invasive species, she would like to see a little more education being provided as to what new species they should be looking for and how they are transported. McDermott stated there are five likely culprits that could affect Lake Minnetonka, such as the spiny water flea, hydrilla, and Asian carp. McDermott stated the LMCD could spell that out a little clearer. Levang indicated she also would like to see some more information on the potential for new aquatic invasive species that might impact Lake Minnetonka. Levang suggested a white paper or some information on the LMCD’s website be considered. Printup asked if the Asian carp have any natural predators. McDermott indicated he is not aware of any but that they tend to take over every lake they gain access to. Since they are ferocious eaters, that tends to destroy the food chain in the lakes. PLANNING COMMISSION COMMENTS – BRUCE LEMKE, REPRESENTATIVE Lemke stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT *5. #13-3632 DALE RICHADSON – 4325 CHIPPEWA LANE – VARIANCE – RESOLUTION NO. 6364 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6364, a Resolution Granting a Variance to Municipal Zoning Code Section 78-395(B), for the property located at 4325 Chippewa Lane. VOTE: Ayes 4, Nays 0. 6. #13-3637 WILLI ABBOTT O/B/O THE BROADWAY GROUP, LLC, 2350 WATERTOWN ROAD AND XXX WILLOW DRIVE NORTH – PRELIMINARY PLAT AND RPUD REZONING – DRAFT RESOLUTION Willi Abbott, Applicant, was present. Gaffron noted the applicant is requesting preliminary plat approval for a 7-lot single-family residential subdivision to be known as Oliver Hill and rezoning to Residential Planned Unit Development. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 5 of 30   (6. #13-3637 WILLI ABBOTT O/B/O THE BROADWAY GROUP, LLC, 2350 WATERTOWN ROAD AND XXX WILLOW DRIVE NORTH – PRELIMINARY PLAT AND RPUD REZONING – DRAFT RESOLUTION, Continued) At the January 27 meeting, the City Council reviewed the applicant’s revised submittals and provided the applicant with the following direction: 1. Wetlands and tree preservation area should not be in an outlot. It is acceptable to have various easements affecting each individual property. 2. Side street setback for Lot 1, Block 1 and Lot 1, Block 2 shall be 40 feet. 3. Lot coverage for all lots shall be limited to 15 percent of entire lot area; no FAR requirement. 4. The road shall be private and not public. 5. There is no requirement to designate a 10 percent private recreation area. 6. Revise the stormwater management system to include something other than rain gardens. 7. No walking easement will be required. 8. Avoid curb and gutter if possible. 9. A tree preservation easement is not required. The applicant has provided a brief response to the City Council direction indicating that he is in agreement with all items except the side street setback for the two lots abutting Willow Drive. The applicant is requesting further consideration of a setback of 30-35 feet rather than 40 feet and has provided a revised survey depicting the easterly lines of those two lots moved 10 feet to the east. The applicant also indicated that an alternative plan for stormwater management without rain gardens will be forthcoming and available for review tonight. Gaffron noted staff has drafted a preliminary plat approval resolution for consideration based on Council’s direction. There are still a number of items to be filled in and discussion points to resolve before the resolution can be adopted. The City Council should discuss the following: 1. Changing the east lot lines of the two lots abutting Willow Drive will potentially result in slight revisions to the lot areas and consequently the 15 percent lot coverage square footage limits for those lots. However, this will not change the overall density of the development. 2. The resolution states that the road shall have “a rural design to the greatest extent practicable” in order to allow flexibility for the use of segments of curb and gutter if necessary to manage stormwater run-off. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 6 of 30   (6. #13-3637 WILLI ABBOTT O/B/O THE BROADWAY GROUP, LLC, 2350 WATERTOWN ROAD AND XXX WILLOW DRIVE NORTH – PRELIMINARY PLAT AND RPUD REZONING – DRAFT RESOLUTION, Continued) 3. The resolution notes that the 10 percent private recreation area is satisfied by the public trail easement along Willow Drive and the proximity to Hackberry Park. 4. As of today, the applicant has submitted the final stormwater management plan. 5. The resolution contemplates installation of a permanent monument sign by the developer at the entrance to the subdivision. Gaffron noted the monument would likely be within the road outlot and should not be located on one of the individual private lots. 6. Per Council’s direction, no woodland preservation easement will be required; however, the resolution is worded to require improvement and maintenance of the woodland area per the Conservation Design Master Plan recommendations. Gaffron requested the City Council discuss the above items and review the resolution. Gaffron noted the resolution has a number of fill-in-the blanks given the potential changes the applicant would like to discuss tonight and is not in final format. McMillan asked if the City has any requirements that would trigger a monument sign. Gaffron indicated there is no specific trigger for one but noted the City does have some regulations governing the size and location of a monument sign. Gaffron stated he would expect the City Council would be able to review the monument being proposed at the time of final plat approval. Gaffron noted a number of developments within the City have monuments. McMillan commented she is not sure why one is needed for a seven-lot development. McMillan asked if naming of the road is required as part of preliminary plat. Gaffron indicated that would be done at the time of final plat. Willi Abbott, Applicant, stated there is really only point he would like to have continued discussion on, which is the setback from Willow Drive. Abbott stated the setback itself is not just a number, and due to what has been designed with the development and the beefed up buffer, that area will not be a great piece of lawn up to a building. That area will contain small rocks, trees and bushes. Abbott stated due to what has already been designed, he is asking for a little bit of leeway from the 40-foot setback. McMillan asked if any new drawings have been done incorporating the 40-foot setback. Abbott indicated he only received them from the builder today at 4:00 this afternoon and that they have been provided to Staff. Abbott indicated with this development they are attempting to not create a bunch of garage and a small amount of house but that they are rather attempting to create a balance between the house and the garage. Abbott stated they do not want a townhome feel to the development. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 7 of 30   (6. #13-3637 WILLI ABBOTT O/B/O THE BROADWAY GROUP, LLC, 2350 WATERTOWN ROAD AND XXX WILLOW DRIVE NORTH – PRELIMINARY PLAT AND RPUD REZONING – DRAFT RESOLUTION, Continued) Abbott stated in the case of a 40-foot wide home, there would be approximately 2,100 to 2,200 total square feet, which would include a 700 foot garage. By requiring a 40-foot setback from Willow, the impact would be to have 55 feet of home along Willow, which would be worse than seeing 30 to 35 feet. Abbott indicated it would result in homes that are longer and thinner. Abbott stated he could live with a 35-foot setback but that 30 would be wonderful, which would help create a consistency on the front of the homes. Abbott stated the whole idea from the start was to create a neighborhood and a community for the City of Orono. McMillan asked if they are attempting to take advantage of the view to the north. Abbott stated they are. With a 40-foot setback, there would be windows facing Willow and the neighbor rather than facing north. McMillan stated she drove through Locust Hills in Wayzata and that you can see the two-car garage and then the third stall is at an angle. McMillan stated when you look from the street, you really only see a two-car garage, which is an interesting design. Abbott stated they could also turn the garage sideways, which would maintain the three-car garage at 24 feet deep and 24 feet wide. Abbott stated he is not trying to build a great big garage or a great big house but attempting to stay within the 2,100 to 3,000 total square feet. Abbott noted they are not asking for more width to construct a bigger house. Abbott stated the only other discussion item relates to the curb and gutter. Abbott asked if curb and gutter is done at the edge of the street, whether the City Council would be opposed to having a soft curb. Abbott indicated he did not completely understand what the Counsel was looking for when they said to eliminate the curb and gutter since there tends to be more erosion in that area that then has to be constantly maintained. Abbott indicated a soft curb would help keep the water in the street, looks nicer, and that it does cost more to do the curb and gutter. McMillan asked if he wants curb and gutter along the entire road. Abbott indicated it would be a soft or surmountable curb along the entire road. McMillan noted bituminous curbs are also utilized but do not hold up as well. McMillan stated concrete is a different color and would be more noticeable. Abbott stated they started with the concept that it would be a public road, which required the curb and gutter. Abbott stated in his view the concrete is stronger than asphalt, which would tend to erode over time. McMillan stated the City has installed some of the softer curbs or swaled concrete. McMillan asked if there will be concrete driveways put in. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 8 of 30   (6. #13-3637 WILLI ABBOTT O/B/O THE BROADWAY GROUP, LLC, 2350 WATERTOWN ROAD AND XXX WILLOW DRIVE NORTH – PRELIMINARY PLAT AND RPUD REZONING – DRAFT RESOLUTION, Continued) Abbott stated the length of the driveway is long enough to make people think twice about putting concrete in and that they would likely be blacktop. Abbott stated in his view the surmountable curbs are more of an urban design and that he is looking for some feedback from the City Council. Bremer indicated she would be fine with some type of concrete curb and that it does not need to be as intense as a normal public street. Bremer indicated she has lived in neighborhoods that have had both of those options and that there is a pretty consistent issue with the asphalt and the snow plows. Bremer indicated she does not have a problem with something that is a little more urban looking given the fact that the surrounding neighborhoods have it. Bremer noted she was not in attendance at the last meeting but that she has read the minutes and understand the philosophy behind wanting the 40 feet. Bremer stated her biggest concern is changing the view shed and that she is receptive to the applicant’s comments about the long houses and the bigger visual impact. Bremer stated she does not like the massing appearance from a deeper house since there is a long stretch of house. McMillan asked if an example of a 35-foot setback would be Maple Avenue. Bremer stated that would be one example. McMillan stated even with the 35 feet, someone could ask for a bigger house. Abbott indicated he does have some control over that. McMillan stated in her view there should be a restriction for those two lots on how deep the lots should go. McMillan indicated she does not have a definite number at this time and that she does not want to say 35 feet if the house is just as deep with a 40-foot setback. Abbott indicated he is in agreement with that and noted that a screen porch could also be added later, which would add to the depth. McMillan stated this issue does not have to be resolved tonight but that it is something that should be considered. Abbott stated a total overall square footage number would be one option but that placing too many restrictions on building a house would make it difficult for someone to construct a home. Abbott asked if the City Council could live with a 40-foot depth. McMillan stated she is not going to do the math tonight but that the applicant can think about it. McMillan stated in her for an extra five feet on the setback, she would like to see some concessions given and that they do not want to see the exact same house being built at 35 feet that is being proposed for 40 feet. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 9 of 30   (6. #13-3637 WILLI ABBOTT O/B/O THE BROADWAY GROUP, LLC, 2350 WATERTOWN ROAD AND XXX WILLOW DRIVE NORTH – PRELIMINARY PLAT AND RPUD REZONING – DRAFT RESOLUTION, Continued) Levang stated for that reason she is not willing to reduce it from 40 down to 35, especially since the City has already waived the 50-foot requirement. Levang asked whether it would be better not to have the curb and gutter and go with a swale. Struve indicated the stormwater can be managed either way and that oftentimes it is easier to direct the water with concrete. Levang asked if any more information will be provided tonight on the stormwater management. Abbott stated they have removed the rain gardens and that they are currently designing something to make the water run down the street. Levang stated the City Council would like to see the stormwater management plan before making a decision. McMillan indicated she would like more time to study the plan than just looking at it tonight. McMillan stated the surmountable curbs can help direct the water and that perhaps the curb and gutter could be included with the stormwater management plan. Printup stated the concept of the surmountable curb is reasonable but that he is still struggling with the 30 versus 35 feet. Printup noted Council Member Levang brought up the point about 50 feet being the standard and that they are asking for 35 or 40 feet. Printup stated the Council will need to decide whether that is reasonable but that overall the applicant is making good progress on the development. Gaffron noted the application deadline has been extended to March 10, which allows for two city council meetings. Gaffron indicated it is likely this application will come back at the next City Council meeting and that Staff could potentially have a draft resolution ready by February 24. Otherwise the applicant could extend the time deadline. Abbott asked if additional drawings on the stormwater management are required over what has been submitted today. Gaffron indicated he has not had a chance to look at it at all and is unable to say whether it is adequate at this point. The City Council took no formal action on this item. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 10 of 30   7. #13-3644 CITY OF ORONO – ZONING CODE AMENDMENT – MINIMUM DWELLING SIZE STANDARDS – ORDINANCE TABLED Gaffron stated as a result of a zoning application last summer for a lot with a minimal buildable envelope, as well as questions recently raised with regard to a violation situation involving the premise that a tiny uninhabitable cabin should have status as a principal dwelling, Staff has conferred with the City Attorney and concluded that a minimum dwelling size ordinance should be enacted. Currently only the RPUD District and the RS District are subject to a minimum single-family detached dwelling size. Gaffron stated in order to address the issue, Staff has reviewed the State Building Code as well as ordinances in effect in other cities. For cities where minimum dwelling size standards exist, a wide range of standards was found. Some cities regulate just the length and width, some regulate the minimum combined floor area of all floors, while some regulate the footprint without addressing the number of floors. Gaffron indicated at the November Planning Commission meeting, this item was briefly discussed and a public hearing was held. There were no public comments and the item was tabled to the January 8 work session. On January 8, the Planning Commission reviewed the reasons for the need to have a minimum dwelling size standard in the Code. Gaffron noted the ordinance does not specifically address the concern of someone attempting to make the argument that an existing small cabin, for instance, should qualify as a principal dwelling on an otherwise vacant property. To address this, Staff reviewed the Building Code for characteristics needed to make a structure qualify as a principal residence structure; i.e., as a single-family detached dwelling unit. Gaffron indicated at the January 8 work session, the Planning Commissioners indicated a preference for the Brainerd model, which combines a 1,000 square foot minimum habitable floor area requirement with a minimum width/depth of 20 feet for 60 percent of the structure except the Planning Commission felt a 75 percent standard would be more acceptable. Gaffron mentioned following the work session, Staff crafted some draft ordinance language that was then presented to the Planning Commission at its January 21 meeting. The draft language would have the following building design impacts: 1. The smallest building dimensions allowed would be 20 feet long by 20 feet wide. This results in a footprint of 400 square feet. To get to the 1,000 square foot minimum finished floor area would require at least two stories plus a partially finished basement or half story above. 2. Regarding the example of a 40-foot wide lakeshore lot, in order to meet 10-foot side setbacks, the house would be limited to 20 feet wide. Assuming a total house plus garage length of 100 feet, at least 75 feet of that length must be 20 feet wide leaving a 25-foot end that could be narrower for, say, a porch addition that is less than 15 feet wide. 3. A park model 12 feet wide by 40 feet long would not be allowed. Functionally the ordinance eliminates the establishment of a manufactured home that is less than 20 feet wide for use as a dwelling. Gaffron stated to his knowledge the City does not have many, if any at all, manufactured homes at this time although some did exist in the past. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 11 of 30   (7. #13-3644 CITY OF ORONO – ZONING CODE AMENDMENT – MINIMUM DWELLING SIZE STANDARDS – ORDINANCE TABLED, Continued) Gaffron noted Exhibit A consists of some rough sketches that illustrate various house dimensions and layouts and how the draft language would limit or not limit them. Gaffron noted the ordinance is presented drafted, single-family detached dwellings existing on the effective date of the ordinance would not be affected. It would also not apply if someone is adding on to an existing small house for which, in both the before and after condition, the minimum size standard is not met. It would, however, apply in the case of a complete tear-down/rebuild. Staff would recommend adoption of the ordinance. Printup asked how many lots or future lots this ordinance would potentially affect. Bremer stated it could be any lot in the City if they tear the house down. Gaffron stated it would apply to any lot where someone would like to construct a small house. Gaffron indicated there are perhaps two or three dozen lakeshore lots that are presently vacant where someone could potentially want a small principal structure in order to have a dock. Gaffron noted it would not apply to any expansion of an existing house. Mattick stated it would apply to every single lot and that what triggered this draft ordinance were the smaller lots that were previously thought to be undevelopable. Mattick stated this ordinance would help guarantee a certain size house and that currently the City has no standard whatsoever. McMillan noted the City has the building code standard which would help dictate what could be constructed. Gaffron stated the following minimum standards for dwelling units would include but are not necessarily limited to the following: 1. It must have at least one habitable room of not less than 120 square feet of gross floor area. 2. Habitable rooms shall not be less than seven feet in any horizontal dimension. 3. The dwelling must have a water closet, lavatory, and a bathtub or shower. 4. The dwelling must be provided with a kitchen area that includes a kitchen sink. 5. All plumbing fixtures shall be connected to a sanitary sewer system or to an approved septic system. 6. All plumbing fixtures shall be connected to an approved water supply, including hot and cold water. 7. The dwelling must have heating facilities capable of maintaining a temperature of 68 degrees Fahrenheit year-round. Space heaters would not be allowed to maintain that temperature. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 12 of 30   (7. #13-3644 CITY OF ORONO – ZONING CODE AMENDMENT – MINIMUM DWELLING SIZE STANDARDS – ORDINANCE TABLED, Continued) McMillan commented there is a movement nationwide toward smaller buildings and that in her view this would apply more to homes that are not resided in year-round.. Gaffron noted Big Island has had a standard in place since 1983 and that this draft ordinance would not apply since it already has an existing standard. McMillan asked whether there is a minimum building size on Big Island. Gaffron indicated it is 20 by 20 square feet or 400 square feet. Printup stated he reads this as saying shame on you for wanting to construct a small house and that he is not sure whether the City needs to regulate that. Bremer stated she prefers the Big Island standard rather than this standard. Bremer indicated her concern is the 1,000 square foot standard and that she would not be opposed to 75 percent of this number or 75 percent of that number. Bremer stated she does not want to create a standard that then prompts a bunch of tall homes. Bremer noted she lived in a house that was much smaller than 1,000 square feet and that she finds it amazing that that size house would not be allowed in Orono. The house consisted of three bedrooms and a bath with a single attached garage. Bremer commented there are lots of homes with 800 square feet that families live in currently in Orono and that she is not sure of the type of message the Council would be sending. Bremer stated she does not have an issue with setting a minimum standard but that she does not believe any other standards are needed other than 20 by 20 and perhaps 500 square feet. Bremer stated she understands the rationale for doing this and that she was surprised the City did not already regulate it. Bremer indicated she is okay with setting a standard but that she is not okay with the 1,000 square feet livable area. Bremer stated she understands 12 feet wide seems skinny but that the City has seen circumstances where there are really long, skinny lots. Bremer noted there are lots that are less than 40 feet wide and should be buildable. Bremer stated to her recollection the City has approved something that was less than 20 feet wide. McMillan asked what the difference is between the definition for a seasonal dwelling versus a principal dwelling in the RS District. Gaffron indicated a principal dwelling would require water and sewer and would require a conditional use permit to use it as a year-round residence. A seasonal dwelling or guest cabin limited to 400 feet do not have to have sewer or water systems and can be simply a shell. McMillan asked whether the standard should simply be a minimum of 800 square feet for a principal dwelling or whether the width of the home is important. McMillan noted the Planning Commission discussed architecturally different buildings that do not necessarily conform to the standards and that they could apply for a variance in that situation. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 13 of 30   (7. #13-3644 CITY OF ORONO – ZONING CODE AMENDMENT – MINIMUM DWELLING SIZE STANDARDS – ORDINANCE TABLED, Continued) Levang stated she is not so sure the City needs to regulate the size of the house. Levang asked whether Staff feels the building code would be sufficient. Gaffron stated in the application discussed last summer, the building envelope was 11 x 38 feet and the applicant suggested that he could construct a park model. Gaffron noted the only factor that would have prevented that was the average setback variance for that specific lot. Bremer noted zoning was also an important factor in that application. Gaffron stated one of the issues in that application was whether the City Council was comfortable with allowing that kind of house if the only thing they had to come back for was an average setback variance and the sentiment at that time was no. Printup asked if the Council is looking at this draft ordinance because of a past application. Gaffron indicated that is correct and that the City has not had a standard for the rest of the City outside of Big Island since 1983. Gaffron indicated a number of other cities have a similar ordinance in place and that the City has done a limited number of RPUDs where this would be an issue. Gaffron indicated in the past it has not been necessary because the City has been struggling to keep the houses from getting too big. Printup stated he does not see this becoming an issue in the future. Bremer stated the point is that the City would have to approve that type of dwelling if they do not have a minimum standard. Levang asked whether a minimum standard could be included in another section of the code. Mattick indicated the zoning code is the logical place to include it and that the building code has a very limited standard. Mattick commented a very small house could become a neighborhood issue, and if the Council feels this is over regulating, doing nothing is one option, but that it should be understood the City would not be able to stop something like that without a minimum size standard. Bremer stated it appears the Planning Commission felt that the 1,000 square feet is a relatively common number although some cities have a smaller number. Bremer asked whether Staff has any recollection what the other cities’ numbers were. Gaffron sated he did not write those down and that he does not recall them at this time. The Planning Commission noted that some of the cities that used smaller numbers also looked at limiting the number of stories and what those stories can consist of. Gaffron commented there are a number of different ways of approaching it and that the Planning Commission wanted something simple to define and simple to understand and would be in the middle of the road in terms of what other cities are doing. Bremer stated she was surprised that most of these cities were not lakeshore cities and the fact that Orono is on Lake Minnetonka may be one reason to have a minimum size standard. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 14 of 30   (7. #13-3644 CITY OF ORONO – ZONING CODE AMENDMENT – MINIMUM DWELLING SIZE STANDARDS – ORDINANCE TABLED, Continued) McMillan stated the cities listed in Staff’s report may have smaller lots and more opportunity for a smaller house to be constructed. McMillan stated one option is to table it tonight and perhaps discuss it at some point in the future. Gaffron stated he will attempt to gather additional information from the lake communities around Lake Minnetonka and asked whether there is any specific information the Council is looking for. McMillan stated above or below grade should perhaps be looked at when counting the square footage and that she also would like to keep the ordinance simple rather than having a number of different dimensions. Levang stated if the Council knows what they want to avoid, perhaps the ordinance should focus on that. Levang stated the Council is trying to avoid a house that does not fit in with the neighborhood and is too small functionally as well. McMillan stated her biggest concern is someone constructing a very small house simply to allow them a dock. Gaffron stated in his view the discussion of the Planning Commission took a lot of that into account and the draft ordinance is where they ended up with the issue. Bremer commented it might come down to a philosophical discussion. Printup stated any future developments in the City perhaps should also be taken into consideration. Levang asked if the City Council could bring this back when they feel it is appropriate or whether they should vote on it now. McMillan stated she would prefer to table it. McMillan noted the City has other draft ordinances that have not been finalized. Levang moved, Printup seconded, to table Application No. 13-3644, City of Orono, Zoning Code Amendment – Minimum Dwelling Size Standards. VOTE: Ayes 4, Nays 0. *8. #13-3646 GEORGE STICKNEY O/B/O DNA PROPERTIES, LLC, 1535 BOHNS POINT ROAD – PRELIMINARY PLAT – RESOLUTION NO. 6365 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6365, a Resolution Approving the Preliminary Plat for Property Located at 1535 Bohns Point Road. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 15 of 30   9. #14-3647 EOF INVESTMENTS, LLC, D/B/A YOUR BOAT CLUB, LLC – 1444 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW FOR UNDERGROUND FUEL STORAGE TANK INSTALLATION Luke Kujawa, Applicant, was present. Gaffron stated the applicant has made application for a mechanical permit to install a 2,000-gallon underground fuel storage tank on the Brown’s Bay portion o the property. The applicants are the owners of the marina located at 1444 Shoreline Drive and have now acquired all four lots that have historically been part of the marina operation. The portion of the properties located at 1440 and 1442 to the west of Shoreline Drive is zoned single-family two acre lakeshore residential. The portion of those two lots to the east are zoned B2 and all of 1444 is zoned commercial. Gaffron stated the boat club has been operating for the last three years and the applicants are hoping to expand their operations in 2014. One of the desired improvements is a permanent fuel storage tank and dispensing system. For the past three boating seasons, the applicants have employed a variety of temporary procedures and equipment to refuel their club boats on a daily basis. None of these methods have proven satisfactory for permanent use. The Long Lake Fire Chief has indicated the temporary fuel system would not be approved for 2014. Gaffron stated in 2013, the applicants relocated their boat club operation to the Brown’s Bay side of County Road 15. In May of 2013, the applicants applied for an expansion of the boat club operation to 30 slips from the originally approved 20 slips. That application was tabled by the City Council in order to allow the applicant’s time to provide additional information and address a number of City concerns, including the fueling situation. Gaffron displayed the layout of the marina and highlighted the location of the proposed fuel storage tank. The applicants are requesting approval for installation of a below-ground fuel tank within the parking lot area just south of the gazebo on the Brown’s Bay side of County Road 15. This tank would serve a gas dock with fuel dispensing equipment to be located on the center section of the docks. At this time the applicants have indicated they intend to primarily use the fuel system to service club boats but there is an expectation that this use could expand to the general boating public at some point in the future. Gaffron noted marine fuel sales are a permitted use within the B2 Lakeshore Business District. Underground fuel tanks are also subject to the provisions of the MnDNR, LMCD, MCWD, and MPCA. The applicants have applied to the LMCD and the MnDNR for the proposed dock re configuration to accommodate the fuel dispensing facilities. Gaffron noted this is a commercial site plan review. Criteria for the evaluation of a commercial site plan are listed in Section 78-145 and are as follows: 1. Is the use compatible with surrounding land uses. Gaffron noted the immediately surrounding land use is commercial in nature. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 16 of 30   (9. #14-3647 EOF INVESTMENTS, LLC, D/B/A YOUR BOAT CLUB, LLC – 1444 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW FOR UNDERGROUND FUEL STORAGE TANK INSTALLATION, Continued) 2. Preserves existing unique and natural features of the site and minimizes impacts to wetlands, floodplains, and shoreland areas. The proposed tank location is on a portion of the property in an existing hardcover parking lot. The existing land surface is slightly lower than the 931.5 foot 100-year flood elevation. The design of the tank installation incorporates a concrete slab below the tank and the tank is anchored by strapping. The tank would be topped by another concrete slab through which will be sealed ports for the fill pipe, submersible pump, and level gauge. The top slab is proposed to be at finish grade. 3. Creates harmonious relationship of buildings and open space with natural site features and with existing and future buildings having a visual relationship of the development. The proposed underground tank would result in only very minimal visual impacts on the site. 4. Achieves a safe and efficient vehicular and pedestrian circulation system. Gaffron stated it is not anticipated that the proposed tank installation will reduce parking on the site but the applicants should be asked to confirm whether parking will be affected. 5. Places no excessive demands on services and infrastructure, including local streets. This proposal, since it is not intended or allowed to serve anything other than boats on the water, is not expected to have an impact on vehicular traffic on surrounding streets. 6. Conforms to the City’s plans for parks, streets, and walkways. The proposed fueling operation is not expected to be in conflict with any City plans for parks, streets, or walkways. 7. Conforms to the Orono Community Management Plan. The property is guided for commercial use in the CMP. The proposed fueling facilities, when properly installed and operated, are not expected to cause negative environmental impacts nor be in conflict with the CMP. 8. Achieves a maximum of safety and convenience of vehicular and pedestrian movement. The fueling system will be required to meet all safety requirements established in City and other agency regulations. 9. Incorporates sufficient landscaping to reasonably screen undesirable features and to enhance the image of the development. Visual impacts of the proposed fueling facilities are anticipated to be very minimal and are not expected to require screening. 10. Protects abutting properties and does not create detrimental disturbances to surrounding properties. The proposed fueling facilities and operation are not anticipated to disturb surrounding properties. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 17 of 30   (9. #14-3647 EOF INVESTMENTS, LLC, D/B/A YOUR BOAT CLUB, LLC – 1444 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW FOR UNDERGROUND FUEL STORAGE TANK INSTALLATION, Continued) 11. Conforms to all requirements of this chapter unless a variance has been granted. All pertinent setback requirements will be met with the proposed tank location. Gaffron noted that Tax Parcels 0005, 0006, and 0007 will have to be combined in order for the tank to meet the north side setback requirement and for the entire fueling system to be on the same tax parcel. Staff believes an easement over the third lot may be acceptable. 12. Incorporates efforts to conserve energy whenever practical. It is anticipated the use of a 2,000 gallon tank will reduce the interval between tank refills. The applicant had been using a 500 gallon tank. Gaffron noted the applicants are working on a revised site plan at this time with regards to use of the two Residentially zoned properties for parking, site circulation, vehicle access to County Road 15, stormwater management, buffering to adjoining residential neighbor, etc. A future request for rezoning of these two properties is a possibility. Gaffron noted the applicants are also working with the LMCD to resolve a location issue with the dock system on Tanager Lake. In addition, the applicants are investigating and have stated their intent to comply with the NPDES permit requirements. Gaffron noted at the January 21 public hearing held during the Planning Commission meeting, three neighboring property owners commented on the application. Matt Johnson of 1432 Shoreline Drive indicated his desire that there be a complete master plan for the marina properties prior to approving the gas tank installation. Rich Anderson, owner of the adjacent marina at 1449 Shoreline Drive, indicated he has no objection to the gas tank but suggested a setback variance be granted to allow it closer to the road which would place it on slightly higher ground. Rich Anderson also did not agree with the suggestion that the residential lots be combined with the commercial properties. David Feldshon of 1420 Shoreline Drive indicated he was concerned about how an underground tank might affect his well water. Gaffron noted the Planning Commission recommended approval of the fuel storage system on a vote of 5-0 subject to a number of conditions. Those conditions include the following: 1 Combination of the southerly two tax parcels and confirmation or establishment of an easement over 0005 for the gas line leading to the dock. 2. The following information regarding feasibility of the proposed design to be completed prior to review by the City Council. The applicants are to provide sufficient data 3. If there is a reduction in flood storage, prior to issuance of tank installation permit, obtain appropriate MCWD permits. 4. Prior to issuance of installation permit, provide a copy of LMCD gas dock approval/permit. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 18 of 30   (9. #14-3647 EOF INVESTMENTS, LLC, D/B/A YOUR BOAT CLUB, LLC – 1444 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW FOR UNDERGROUND FUEL STORAGE TANK INSTALLATION, Continued) 5. Installation permit will be subject to review and approval of Orono Building Official and Long Lake Fire Chief. 6. Installation and operation of fueling system shall meet all City and State requirements. 7. This approval is for boat club use only and not general public fuel sales. 8. Subject to submittal of any required SWPPP and NPDES permits Gaffron noted staff recommends approval per the Planning Commission recommendations. Gaffron noted a resolution has not been drafted at this point. Printup asked if there is an aerial of the southerly two tax parcels depicting the easement. Gaffron indicated on the west side of 1444 is a parking lot and contains a building. 1444 consists of two lots, with the parking lot that goes east through the gazebo being one lot and the other parcel containing two parking lots. The fuel system would be located past the gazebo and on to the third lot out to the dock system and then to the proposed dispensing unit. Gaffron indicated it would be a very short easement on the east end of the triangular piece. McMillan asked if the City has fuel tanks at other marinas that are not for public retail sales. Gaffron stated it is his belief that most of the other marinas have retail gas sales and that there is only one other marina with a boat club. Gaffron noted most marinas have their fuel dispensing systems located at the end of the dock so they are easily accessible by the public. Luke Kujawa, Applicant, stated in his view Staff has done a good job of reviewing the application. Kujawa noted there is already an easement on those parcels but that they will need to review that to make sure it allows for the fuel line. Kujawa stated as far as combining the two lots, since there is room to move the tank to meet a 10-foot setback from either lot, those two lots would not need to be combined. Kujawa indicated they could combine them if the City would like them to be for this component of the site improvements. McMillan asked if he has a preference either way. Kujawa stated technically they need an easement to cross the lot and that since there is already an easement over the other two lots, they could extend it to cover this lot. McMillan asked if he is okay with the recommendation to limit the gas only to the boat club. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 19 of 30   (9. #14-3647 EOF INVESTMENTS, LLC, D/B/A YOUR BOAT CLUB, LLC – 1444 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW FOR UNDERGROUND FUEL STORAGE TANK INSTALLATION, Continued) Kujawa stated in his view it would make sense to allow the retail sales at this time since everything they will be putting in will meet every code and requirement to sell fuel to the public. Kujawa stated they are simply locating the fuel dispenser in the proposed location because it would only require a minimal change and they would like it to be ready so they can be fueling by the spring. Kujawa stated without the retail sales being approved, he is not sure whether he would be allowed to fill the boat dealer’s boats. Kujawa noted he likely will not be selling very much retail gas at this point since it the dispenser is located on an interior dock and that it will require an LMCD review to relocate it. Kujawa stated he would ask that the condition prohibiting retail sales be removed. Gaffron noted a 2,000 gallon tank is not that big of a tank and asked how often he anticipates the tank needing to be refilled. Kujawa stated this past year they had a 787 gallon tank that they were allowed to fill to 500 gallons and that was typically filled twice a week. Kujawa stated in his view there will not be high volume retail sales. Levang asked why a bigger tank is not being considered. Kujawa stated it is primarily cost and the setbacks. Bremer asked how he feels about moving the storage tank to higher ground and whether that would allow for a bigger tank. Kujawa stated if a variance were granted, they would definitely look at the costs of installing a bigger tank but that a big part of the application is due to the urgency of getting the approval before the spring. Kujawa indicated he is happy with a 2,000 gallon tank but that he would be willing to look at a bigger tank. Kujawa stated they also looked at moving it closer to the road but that did not gain them much. Bremer asked if Staff feels it would be preferable to move it to that suggested location. Gaffron indicated the applicant has provided information showing the tank will be at existing grade and that the concern over whether it should be moved to higher ground was whether they would need to deal with floodplain mitigation. The information provided by the applicant has addressed the concerns relating to the tank floating or any inflow into the tank. Gaffron stated at this point he is not sure whether it has any value. Mattick noted retail gas sales is a permitted use in this district and that in his view the City Council would not be able to take away that right as part of this application. Levang asked if signage would be necessary for retail sales. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 20 of 30   (9. #14-3647 EOF INVESTMENTS, LLC, D/B/A YOUR BOAT CLUB, LLC – 1444 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW FOR UNDERGROUND FUEL STORAGE TANK INSTALLATION, Continued) Kujawa stated there are a couple of levels of retail sales and that if they were to go after sales to the general public, they would like to relocate the gas dispenser and have signage. Kujawa stated their biggest concern is the marina’s slip tenants and perhaps Mr. Anderson’s slip tenants. Kujawa stated it does not make sense to prohibit signage since retail gas sales are allowed but that he does not want a large number of people from the general public going to those inner docks to obtain gas. McMillan stated if he was really interested in selling gas to the general public, he would probably want to relocate the dispensing system. Levang asked if he would like to relocate it to the outside. Kujawa indicated relocating the gas dispenser would require them to go through the LMCD and that he probably will look at that at some point in the future. Kujawa indicated he is fine with where it is currently proposed. McMillan noted this application is dealing strictly with the fuel storage tank and the applicant is working on the other issues. McMillan indicated she is okay with the application with the exception of Item No. 7. Bremer moved, Printup seconded, to approve Application No. 14-3647, EOF Investments, LLC, d/b/a Your Boat Club, LLC, 1444 Shoreline Drive, Commercial Site Plan Review for an Underground Fuel Storage Tank Installation, and to direct Staff to draft an approval resolution subject to the Planning Commission recommendations outlined in Staff’s report except for Item No. 7. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT 10. WATERTOWN ROAD FEASIBILITY STUDY – PRESENTATION Martini noted on September 23, 2013, the City Council approved a proposal from Bolton & Menk to complete a feasibility study for Watertown Road. Bolton & Menk has completed the feasibility study. Martini stated as it relates to the existing conditions, the road is designated as a state aid road and generally runs parallel along Highway 12. The width of the road varies somewhat but is generally a narrow road. The average width of the road is 24 feet with 12-foot lanes in each direction. The blacktop ranges from 2.5 inches to 14 inches. Martini noted 14 inches of blacktop is very unusual and was likely caused by multiple overlays. Martini stated the report is broken up into two sections, with each end being evaluated separately. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 21 of 30   (10. WATERTOWN ROAD FEASIBILITY STUDY – PRESENTATION, Continued) Martini displayed pictures of the existing roadway. Martini noted some erosion is occurring in areas along the edge of the roadway. Martini indicated Bolton & Menk worked with American Engineering and Testing, who performed a ground penetrating radar assessment of the existing pavement depths and underlying subgrade. Based on the analysis of both the borings and the GPR, it was determined a full depth reclaiming would be the best value rehabilitation process for the entire length of Watertown Road. Bolton and Menk did analyze a one-inch mill and overlay option which involved milling one inch an overlaying with three to four inches of new asphalt. While this is a potential option, this process will only provide an estimated life of approximately10 years and does not address areas of subgrade failures. Martini stated by using the full depth reclaim method, that will help to strengthen the subgrade and will allow areas to be reconstructed where there is subgrade failure. It also provides additional the life expectancy of the road. Martini stated if the road is regularly maintained, this process may provide up to three times the life expectancy of a mill and overlay. Martini noted this project is currently scheduled in the Capital Improvement Plan as a 2015 project. In considering those two options and the significant investment the City would be making, the recommendation would be to go with the full depth reclamation. In those areas that appear to have some subgrade issues, the excavation would be down to the subgrade. Martini stated he would also recommend the City replace the drainage structures to match the life of the road. Martini indicated the City is allowed to have a maximum of 20 percent of the underlying subgrade reconstructed before the City would have to meet state aid standards. As it relates to Willow Drive, the conditions of the roadway required it to be fully reconstructed, which triggered the state aid. In this case, given the recommendation, it would be under that 20 percent. Martini indicated they could essentially rehabilitate and start with a new pavement structure without triggering the state aid requirements. Martini noted the report only briefly touches on the east end of the project that is shared with Long Lake. Martini indicated they have had conversations with Long lake and it is his understanding they are considering improvements within their city limits. Martini stated while he is not exactly sure on the method of financing Long Lake would use, it is a possibility that they would consider assessments to the benefitting properties. Martini stated in his view it would be appropriate for the portion that is shared between the two cities that Long Lake take the lead on that project. Martini stated they do have some geotechnical information for the east side of Willow Drive that indicates the road could be reclaimed on the east side of Willow Drive as well but that would require some confirmation with Long Lake to make sure that is a viable option. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 22 of 30   (10. WATERTOWN ROAD FEASIBILITY STUDY – PRESENTATION, Continued) Martini noted from a financing and funding standpoint, it would be beneficial to have as large of a project as possible, and completing the project from one end of town to the other is the most cost effective. The total cost of the project is $1,796,500. Martini indicated they did look at splitting it into two projects, which would result in more immobilization costs and inflation. The estimated cost of accomplishing the road project if it is split into two portions would be $1,867,000. Martini noted since it is a municipal state aid route, state aid funds could be used for the proposed improvements. McMillan asked if the estimated costs for the overlay were $1.1 million. Martini indicated that is correct. Martini stated that is a significant enough cost that in their view the more feasible option would be to go with the reclamation which would give the City to maintain it and maximum its life. Martini stated once the mill and overlay develops cracks, moisture tends to get in there and it becomes difficult to maintain. Levang asked where they would start the project and how traffic would be routed. Martini stated they anticipate they would be able to grind up the existing surface and lay gravel down. Attempts would be made to minimize traffic on the road but some level of traffic would be able to travel down the roadway. If the project moves forward, Martini indicated they would hold a neighborhood meeting to address some of the residents’ questions and concerns. Martini noted access would be provided to everybody who needed access but that they would make attempts to limit other through traffic on the roadway. McMillan asked if the reclaiming would go faster than a full reconstruction. Martini indicated it would be and that a full reconstruction can turn into a mess if it rains, which can slow down progress. The reclaiming with the gravel surface allows the contractor to recover a lot faster from inclement weather. McMillan asked what would happen if it was discovered used oil was put down on the road. Martini indicated it would not be a big issue and would just be part of the new portion. Printup asked if there are any utilities that need to be discussed with Long Lake on the shared portion. Struve stated Orono does not have utilities on that side but that Long Lake does, and whether those are replaced would be up to Long Lake. Struve stated as the project details are developed, the scope of the entire project will be gone into more thoroughly as well as the cost sharing. Martini stated it is his understanding Long Lake has bigger drainage issues that they will need to address. McMillan noted the City has $1.4 million in its MSA fund, which is less than what the reclamation project is estimated to cost, and that the City will need to figure out how to make up for that difference. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 23 of 30   (10. WATERTOWN ROAD FEASIBILITY STUDY – PRESENTATION, Continued) McMillan stated the other issue that would be worth exploring as part of this project is improving Stubbs Bay Road between Watertown and Bayside. McMillan stated she would like to know how that will be repaired as well as the costs associated with the work so the Council could perhaps factor it into this project. McMillan noted the old pavement management plan has it listed as a reconstruction but perhaps it could be reclaimed as well. Struve indicated it might be as easy as obtaining some new soil borings to determine what would be the appropriate method. Struve indicated he can work with Mr. Martini to obtain some costs and put together a preliminary feasibility study. Levang asked if Mayor McMillan is thinking of redoing all of Stubbs Bay or just the south side. McMillan indicated it would be the MSA portion. Bremer stated the MSA runs between Watertown and south of Bayside. Levang commented it is really the south side of Stubbs Bay Road that is most in need of repair. McMillan stated the Council will also need to know more about financing options. Struve indicated Staff can speak with State Aid representatives to see what options are available and bring that information back to the Council. Levang asked when the City would receive its next MSA payment. McMillan stated the City receives state aid funds every year but that some of those funds are going toward other projects that have already been completed. McMillan stated normally Orono receives around $200,000 a year. Levang stated she was interested in knowing how much the City would have by the end of 2015. McMillan stated the City will need to discuss the financing further. Struve indicated he will work with Mr. Martini on those costs and the City’s options. Bremer asked whether there is a possibility the project will exceed the 20 percent threshold and what could be found during the work that might make it go past 20 percent. Martini stated enough is known about the subgrade that he is not anticipating exceeding the 20 percent and that they are limited to shorter sections that have to be dug down further. Martini stated it is always a possibility that they will find something that they are not aware of, but based on the information obtained so far he does not believe that is the case. Martini stated the area’s where there is 14 inches of blacktop tends to imply a subgrade problem. Levang asked if the City could get a variance from the MSA. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 24 of 30   (10. WATERTOWN ROAD FEASIBILITY STUDY – PRESENTATION, Continued) Struve stated as long as the City stays below the 20 percent, they will not need to obtain a variance. Struve stated presently they are anticipating they will be well below the 20 percent. McMillan stated she likes the idea of the reclamation but that she does not want to rule out the mill and overlay since that may be more affordable. Printup stated whenever a large scale project potentially happens and the City has different neighborhoods with private roads off of it, questions come up now and then on whether the residents have the option of redoing their road at that time. Printup asked whether the City has ever been asked to give the residents information about those projects. Loftus noted with the Willow Drive project, the City allowed the neighborhood to join on to the City’s contract for the work. Struve stated the residents explored the option but ultimately chose not to move forward with it. Struve indicated there will be neighborhood meetings well in advance of the project starting where they will discuss the details of the project. Loftus indicated the City is always willing to explore that option with the residents. McMillan suggested the City Engineer check on Deephaven’s policy dealing with their private roads. The City Council took no formal action on this item. 11. WATER SYSTEM STUDY/WATER SYSTEM MODELING – PRESENTATION Martini noted Bolton & Menk were authorized by the City Council to perform a comprehensive review of the City’s entire water system. The City has four separate water systems consisting of Navarre, Highway 12, the Wayzata extension, and then some extensions out of Long Lake. From a water supply standpoint, the Navarre area is supplied by Wells 1 and 2. The total well capacity of those two wells is 1.8 million gallons a day currently, with a firm capacity of .6 million gallons a day. Martini indicated the firm capacity is basically calculating how much water can be supplied to the system if the major pump went out. Martini stated the Highway 12 system is supplied by Well No. 3 and has a total capacity of 6 million gallons and a firm capacity of zero. Martini indicated the City would not able to supply water to the system if anything happens to that well. The Navarre system has a filtration system to filter while the Highway 12 system utilizes chemicals to purify the water. From a storage standpoint, the Navarre system consists of a 200,000 gallon elevated water tower which was constructed in 1971 and the Highway 12 system consists of a 400,000 gallon elevated tower which was constructed in 1991. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 25 of 30   (11. WATER SYSTEM STUDY/WATER SYSTEM MODELING – PRESENTATION, Continued) Martini stated in evaluating the components of the systems, they made some recommendations as far as improvements. Martini noted the Navarre system is basically built out with not a lot of growth potential. A new well is recommended for the Highway 12 system since it basically runs 24 hours a day and is taxed out at the high demand times. Martini indicated a new well would increase the capacity of the system and provide that firm capacity and redundancy that is recommended. From an improvements standpoint, Martini indicated they have identified $278,000 worth of improvements for the Navarre system since those components are getting toward the end of their useful life. In addition, there are some humidity issues in the plant so some dehumidifiers are recommended. Martini indicated for the most part the replacement of the items is due to age issues. As it relates to the Highway 12 system, that is estimated to cost $671,000, with the biggest cost associated with the new well and piping. Martini stated from a storage standpoint, the Navarre system is pretty well built out at this time and no storage improvements are recommended. On the Highway 12 system, some storage improvements will need to be added at some point in the future due to the potential growth in that area. Martini noted water pressures are reasonably adequate on all systems. The available fire flow generally meets industry standards throughout the system but along Wayzata Boulevard there are some improvements that would be recommended at the time the roadway is improved, including the replacement of an 8-inch pipe with a 12-inch pipe as well as some water main extensions. The total estimated cost for the distribution improvements is $694,000. The majority of those costs is related to the expansion and would likely be development driven. McMillan asked what costs the City would need to incur as part of the turnback of Old Highway 12. Martini stated to his recollection replacing the 8-inch pipe with the 12-inch pipe was approximately $80,000. McMillan asked if the extensions are outside of the curb cuts. Martini indicated they are. Struve stated some of the extensions are planning for future growth. McMillan asked if those would be development costs. Struve indicated that is correct. Martini stated the combined water systems of Long Lake and Orono are able to meet the maximum day- to-day demands. In an emergency situation, the City does have those interconnects but since they are intended for an emergency situation only, a new well for the Highway 12 system is being recommended. Martini noted if improvements are conducted on the Highway 12 well, fire protection flows will be reduced. McMillan asked if the City would need to pay for water from Long Lake during that time. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 26 of 30   (11. WATER SYSTEM STUDY/WATER SYSTEM MODELING – PRESENTATION, Continued) Struve stated at this point no agreement is in place with Long Lake but that historically water has gone both directions at various points, with Long Lake being fine with that arrangement in the past. Struve indicated Staff will need to clarify that prior to the tower getting repainted. Martini noted the report also recommends the two manual connections be eliminated. Levang asked how long the City can go without the second well on Highway 12. Martini stated the City has a certain amount of risk currently since it is running almost 24 hours a day. In the event of an emergency, the City would not able to supply water and would have to rely on water from Long Lake. Martini stated as long as there is an agreement with Long Lake that is an option. Martini stated that is certainly not the way it is recommended it be operated and that the City is taking a certain amount of risk that the well will not go down. Martini indicated a new well would provide some extra capacity and redundancy in the system. Levang asked if the Council should be thinking about conserving water given the fact that the well runs almost 24 hours a day. Struve stated that is something that can be considered to help reduce some of the usage and is something that can be brought forward if necessary. Martini stated due to the age of some of these items, they need to be taken care of in the near future. Martini indicated those items have not been a problem so far but that the City is not in complete control over how Orono will obtain water in the event of an emergency. Martini noted the one noncompliant item is the chemical storage. Currently they are located in the same room and from a permitting standpoint that will need to be corrected. Levang asked how long it is anticipated before the Navarre tank would need to be replaced or need major repairs. Struve noted that tank was just repainted in 2006 or 2007 and that typically you can expect 15 to 20 years before it needs to be repainted unless there is a major metal failure. Struve stated based on that, they should have approximately 10 to 15 years yet. Martini stated smaller tanks are generally replaced with larger tanks based on growth and that the tanks should last quite a while if they are regularly maintained. McMillan noted the amount of water usage went up significantly in 2012 and asked whether Staff knows the reason for that. Struve stated he would have to look into that but that a number of meters were replaced on the system in 2012. Martini stated typically huge variations have to do with irrigation. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 27 of 30   (11. WATER SYSTEM STUDY/WATER SYSTEM MODELING – PRESENTATION, Continued) Struve stated the school campuses are generally the biggest users. Martini stated irrigation systems have also become more common nowadays and is more of a draw than it used to be. The City Council took no formal action on this item. 12. NAVARRE STREET LIGHT AND SIDEWALK PROJECT – BID AWARD Struve noted this project was first discussed in July of 2012 and that the project has eventually evolved from looking at a joint project with Spring Park to Orono’s individual project. At the September 9, 2013, Council meeting, Bolton & Menk were authorized to prepare plans and specifications. Struve stated the results of the poll taken of the resident indicated a preference for brown or black poles. Four different options were presented to the City Council, and based on a discussion, the City Council decided to bid out Options 1 and 2. Based on the bid results from last week, Option 1 is approximately $7,000 less with a total cost of $581,762.78. Option 2 utilizes the same pole, same base, but a different head attachment for a total cost of $588,762.78. Struve indicated Spring Park elected to go with a flat black pole. The pole company sent a color sample, but instead of sending a dark brown sample, it is a bronze color. Struve stated based on feedback from Spring Park, the flat black does show a lot of the dirt and grime and the poles will need to be power washed in the spring. Struve stated it would be his recommendation to move forward with the bronze colored option. Struve requested the City Council provide direction on the color and which bid option the Council would like to go with. Levang indicated she likes Option 1 and the bronze color. Bremer stated she prefers Option 2 due to the visual impact and the bronze color. Bremer indicated she noticed almost right away the flat black poles showed the dirt. Printup indicated he is in agreement with the bronze. Levang noted Option 1 is more nautical looking. McMillan asked if the bid includes the sidewalk work as well. Struve indicated it includes the sidewalk work, the wiring, and replacement of the bases. Struve noted Spring Park’s initial costs did not replace all of the wiring in the original bid and they ended up having to replace approximately half of the wiring. Total construction costs for Spring Park was just under $500,000. McMillan asked if the City has heard back on the grant. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 28 of 30   (12. NAVARRE STREET LIGHT AND SIDEWALK PROJECT – BID AWARD, Continued) Struve indicated the City received a grant for $25,000 from Hennepin County which has not been subtracted from the bid numbers. Printup stated he initially circled Option 1 but that he has not definitively made up his mind. McMillan stated she is neutral on either option. Bremer indicated she also prefers the extension of the light pole in Option 2 since the light might project into the road better. Struve noted Option 2 is closer to what Spring Park has installed and that Option 1 is completely different. McMillan stated the Community Investment Fund would be the proper place for the expenditure and that she does not want to bond for it. McMillan indicated the City is not getting a lot of return on the money currently. McMillan stated the only other possible project that those funds would be used for at this time would be the turnback of Highway 12. Levang concurred the Community Investment Fund is the right fund to pay for this project and noted the City will not be paying as much as what was originally anticipated with the turnback project. Levang asked where the light will fall with the poles listed in Option 2. Struve stated in his opinion it will not be substantially different and will likely be a foot to two feet further out. Struve indicated it will not really impact the light on the roadway and that it basically comes down to aesthetics. Levang stated based on that, she would stick with Option 1 with the bronze color. Levang stated the bronze poles will stand out from Spring Park and give some distinction to when you come into Navarre. Levang moved, Printup seconded, to award the Willow Drive Street Reconstruction Project to M.P. Technologies in the amount of $581,762.78 for Option 1, with the bronze poles, and to award the construction phase services to Bolton & Menk in the amount of $29,400, with the funds coming from the Community Investment Fund. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Levang reported she and Mayor McMillan attended the water forum sponsored by Metro Cities. Levang indicated there was a good turnout at the forum and a number of speakers covering a wide range of topics. Levang stated she was impressed with the presentation on living streets, and in her view it is something Orono should be thinking about, especially as it comes to Navarre. Levang indicated she can provide some information to the City Engineer on that concept. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 29 of 30   (MAYOR/COUNCIL REPORT, Continued) Levang stated there was also another presentation on a narrower roadway that was 34 feet wide and how you could still get three cars side by side. Levang stated in terms of the cost savings overall, both short-term and long-term was pretty impressive, and it is perhaps another thing Orono should think about. Levang noted the City decided to do three newsletters a year. The first newsletter will be coming out in March. Levang indicated she is very pleased that the City is going to be doing three newsletters. Staff also looked at different vendors and a decision on a new vendor will be made in the near future. Levang noted the decision to switch vendors might not amount to much in cost savings since they are now going to go with three newsletters. Levang indicated the newsletter will have a new look and the City will also be offering E-newsletters. McMillan stated she received an e-mail from Dean Ascheman of the Veterans for Veterans Trust Fund. The trust fund was created in 2006 with the money from the sale of the Big Island Veterans Camp and the directors of the trust are members representing the American Legion, Disabled American Veterans, the Military Order of the Purple Heart, and the Veterans of Foreign Wars. McMillan stated Ascheman indicated in his e-mail that the trust fund has just awarded four grants totaling $52,000 to support veterans and the sale of the veteran’s park has been a win/win/win/win situation by allowing the City of Orono to preserve the island in its original state as a community park/nature preserve. Win No. 2 is the state statute involved in the sale resulted in the money involved in the purchase being preserved in an irrevocable trust which is administered by the Veterans for Veterans Trust Fund to serve Minnesota veterans. Win No. 3 is the Veterans to Veterans Trust Fund Board still has the original monies/investment involved and has distributed over $1.2 million of investment returns in grants to projects/organizations serving Minnesota veterans. Win No. 4 is that many Minnesota veterans enjoy a better quality of life because of the actions of a few veterans and City of Orono officials back in the year 2005-2006. McMillan noted the sale of Big Island not only created a park but also created this Trust Fund that has been serving veterans throughout the state. McMillan reported she has been receiving some calls regarding the City’s escrow fee on single-family homes and that the City Council should perhaps discuss the escrow fee at some point in the future. McMillan noted the City originally put the escrow fee in their fee schedule due to some issues but that the Council should perhaps look at that again and see whether the policy needs to be changed slightly. Printup indicated he is in agreement with reviewing the fee schedule and that perhaps the City should also discuss surveys. McMillan noted the Orono Police Department has been working with Carol Arthur of the Domestic Abuse Project and a community forum is scheduled for March 6 at the Gillepsie Center covering relationship abuse. McMillan indicated they are also coordinating with the schools to offer presentations to the students. In addition, the community forum group is also working on another session covering medical marijuana which will be offered on April 3. McMillan reported she received an e-mail from the mayor of Wayzata on the Lake Minnetonka Scenic Byway concept. A meeting has been scheduled for February 24 from 9:30 to 11:0 at the Minnehaha Creek Watershed District to discuss the merits and costs involved with creating a scenic pathway. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 30 of 30   (MAYOR/COUNCIL REPORT, Continued) McMillan noted City Administrator Loftus will be attending that meeting on behalf of Orono and that interested City Council members can also attend. CITY ADMINISTRATOR’S REPORT *13. GOLF COURSE DONATIONS – RESOLUTION NO. 6366 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6366, a Resolution to Accept Golf Course Donations. VOTE: Ayes 4, Nays 0. *14. LMCC RELEASE Levang moved, Printup seconded, to approve the Agreement and Release between the LMCC and the City of Orono to release electronic files through Granicus. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT Mattick stated he had nothing to report. *15. LICENSES & PERMITS Massage Therapy License 1. Seidou Salon Spa, Inc. Lauren Patnode 3502 Shoreline Drive. Levang moved, Printup seconded, to approve the above listed license. VOTE: Ayes 4, Nays 0. *16. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Levang moved, Bremer seconded, to adjourn the Orono City Council meeting at 10:03 p.m. VOTE: Ayes 4, Nays 0. ATTEST ________________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor