Loading...
HomeMy WebLinkAbout03-24-2014 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 1 of 24   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, 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, and City Attorney Soren Mattick. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 7, 8, and 9 were added to the Consent Agenda. Item No. 12, Closed Session, was added to the Agenda. Levang moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION OF MARCH 10, 2014 Levang moved, Bremer seconded, to approve the minutes of the Orono City Council Work Session of March 10, 2014, as submitted. VOTE: Ayes 4, Nays 0. *3. REGULAR CITY COUNCIL MEETING OF MARCH 10, 2014 Levang moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of March 10, 2014, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION 4. COUNTY ROAD 112 TURNBACK PROJECT - RESOLUTION NO. 6375 Jim Grube, Director of the Hennepin County Transportation Department, stated he is here tonight to speak about the layout of the County State Aid Highway 112, which is the old Highway 12 corridor through Orono and Long Lake. Grube indicated he is looking for City Council support of that layout tonight. Grube stated there has been a long period of discussion with the public regarding the future of Old Highway 12. Meetings have been held with the City Councils of Long Lake and Orono and approval has been received from the City of Long Lake on the preliminary layout. In addition, a number of open houses have been held on the proposed layout, schedules and costs, and to gather public input on the design. A project advisory committee comprised of residents and business people of both cities have also met a number of times on the proposed layout. Grube asked how in depth the City Council would like the presentation. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 2 of 24   (4. COUNTY ROAD 112 TURNBACK PROJECT - RESOLUTION NO. 6375, Continued) McMillan noted the City Council has previously looked at the plan and that perhaps the City Council Members could ask any questions they may have regarding the proposal. Printup noted there is a sidewalk or trail segment being proposed that goes from Old Crystal Bay Road eastward toward Long Lake to Willow Drive. Printup state the proposal shows a sidewalk trail on both sides of Old Highway 12, and asked whether there is also a trail that runs closer to Kelly Parkway. Struve indicated there is a sidewalk being proposed along Kelly Parkway that will have a gap near the Orono Public Works building. Struve stated there is a sidewalk that goes approximately 80 to 90 percent along Kelly Parkway on the north side and then potentially a portion of sidewalk on the south side near the pond area. McMillan stated a bituminous trail is part of that, and asked if that would go all the way through on the south side. Gaffron stated what was intended with the Stonebay development is a trail that would continue down the west side of Willow to the intersection of Willow and Highway 12. The trail would then head west on Wayzata Boulevard and around the top of the pond. Gaffron indicated from the east side of the pond to the west of the pond there would be a trail, which would then extend west to Crystal Bay Road. Printup stated as far as the preliminary layout is concerned, he likes it a lot, but that he does not want to see too much redundancy with having a trail along Kelly and then a trail along Highway 12 and across the street. Printup asked if the trail would go further west on County Road 112 between Old Crystal Bay Road and Highway 6. Printup indicated he is interested in knowing what the layout in that area would look like. Mike Turner, Project Manager displayed an overhead of the proposed layout. Printup noted there was a question raised previously about extending a trail along that section further west. Grube stated the trail would terminate at the west end of the school campus. Grube asked if Council Member Printup is asking whether that would extend along further westerly near the wetland area. Printup indicated he is. Grube indicated that is a difficult area to place a trail. Grube noted the yellow areas depict the paving and the blue areas depict the shoulder. Grube stated what is being proposed would be very close in terms of footprint to what exists today. Hennepin County will be reconstructing the roadway in that area and providing an area off the roadway for snow storage. Grube stated if a trail were to go through on the north end, it would be necessary to encroach through the wetland area another 10 to 12 plus feet northerly from the roadway. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 3 of 24   (4. COUNTY ROAD 112 TURNBACK PROJECT - RESOLUTION NO. 6375, Continued) Grube stated to his understanding, there is an area for snow storage being proposed right before the trail heads south. Currently the proposal is for that section to remain rural without curb and gutter, but there would be some limited area to construct a trail in that area after the fact. Grube stated to construct the trail properly, they would need to encroach 10 to 12 feet into the wetland area and also provide an area for snow storage. McMillan asked how wide the shoulder would be as proposed. Grube stated the shoulder that is depicted on the overhead is an 8-foot shoulder. McMillan asked whether a 6-foot trail could be constructed in that area. Grube stated a trail could be tucked into that area if it is deemed necessary, but noted that any trail in that area would more likely be something that would be desired versus necessary. Grube stated during one of the public comment sessions, they discussed a possible connection up to County Road 6 and possibly through the school campus. Grube indicated there are some options that could be explored to possibly avoid encroaching into the wetlands, but in terms of origin and destination, once a person starts getting past the school district property, the destination issue becomes one more of desire rather than necessity. Grube stated that is something that perhaps could be looked at some point in the future. Struve stated if the trail were constructed as part of this project, there would be a snow storage area between the edge of the road and the trail. If the trail is constructed after the fact, the trail would be up tight against the road section and there would not be that additional snow storage area. McMillan noted the snow would then need to be stored on the trail. McMillan asked if there will be a significant drop off in the area of the ball field complex. Grube stated the answer would technically be yes but that it would be sloped down to allow it to be mowed and maintained by the school district. Grube indicated he did discuss possibly flattening that area out further to ensure it would be maintained by the school district. McMillan asked whether there would be a steeper drop off as you go further west by the wetlands. Grube indicated there would be a 3:1 slope in that area. Levang noted the letter from Mr. Grube on Page 2 talks about the Orono School District being approached with a proposal on a cost sharing. Levang asked if at this point it would be a 50/50 cost sharing agreement. Grube indicated that is correct. Grube stated he also suggested to the school district that they may want to partner with the City on the 50 percent rather than each entity assuming a third of the costs. Levang asked if he has heard anything back from the school district. Grube indicated he has not but that the school district did express a real interest in working together. Grube suggested the three parties consider getting together at some point to discuss that item further. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 4 of 24   (4. COUNTY ROAD 112 TURNBACK PROJECT - RESOLUTION NO. 6375, Continued) McMillan stated the area east of Old Crystal Bay Road is largely undeveloped, and asked whether Hennepin County has any thoughts about access to those parcels should they become developed at some point. Grube stated he would suggest that a good approach would be for the City to ask itself how it would like to gain access to both Old Crystal Bay Road and the county road from those parcels. Grube stated in previous iterations of the City’s Comprehensive Plans, there have been conversations about some frontage road or reduced access. Grube noted legally a parcel needs to have access to a public right-of-way. Grube stated in other old county road sections, there is typically a driveway every 100 feet and a 50-mile per hour speed zone, which does not mix well when there are a number of houses in a row. Grube stated one option would be to look at internal circulation with one or two road accesses onto the county road rather than a frontage road. McMillan noted the road as designed also tapers down as you go further west. Grube stated at Old Crystal Bay Road, there is a signal light, and a concrete median, as shown in red on the overhead, is being planned for that area which would help better align the traffic and widen the intersection. Grube stated discussions were also held with the school district as it relates to access to the school campus to handle future expansion. The school district raised the possibility of having access on the back side of the campus as well as a playground. Grube stated if a left turn lane is ever constructed at some point in the future that may help the traffic traveling eastbound and turning left into the campus, which would make access a little safer and in the future avoid the conflict between the playground and vehicles. Bremer commented in her view that would be an improvement. McMillan asked if the school district would want a right-hand turn into the back of the campus. Grube stated that would need to be part of the discussion. Grube stated the discussion started with the trail and it evolved into a discussion on turn lanes possibly being built at some point in the future. McMillan stated in her view if there are turn lanes there, the stretch from the west edge of the school to Old Crystal Bay would need to be constructed slightly wider to allow some future capacity. Grube stated they were also looking at possibly reducing the speed limit to 50 miles per hour in that western section. Grube stated if that area becomes developed without a right turn lane, what will happen is the development will precede the ability to reduce the speed. Grube stated a right turn lane for the apple orchard could be added more easily than a left turn lane in the middle. Levang stated she is very comfortable with the plan and that the Department of Transportation has been very mindful of the City’s suggestions. Grube stated if approval on the layout is given tonight by the Orono City Council, they will have accomplished layout approval by both cities. Grube noted approval by the city is required by the state. Grube stated the first phase of the project would not start until 2017. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 5 of 24   (4. COUNTY ROAD 112 TURNBACK PROJECT - RESOLUTION NO. 6375, Continued) McMillan asked if the next step after this is finalizing of the design and fine tuning of the costs. Grube stated the answer to that question is yes, but to get from tonight to the desired outcome will take a significant amount of work. Grube stated the next question that will need to be answered is whether the City Council is interested in creating another project advisory committee or hosting open houses to ensure that both the public and the City are comfortable with the direction that is being pursued. McMillan indicated it would probably be best to speak with Long Lake to see whether any aspects of the project can be consolidated. Grube stated the Transportation Department will have a strong engagement with Long Lake on the east end of the project given the number of homes in that area. Printup moved, Levang seconded, to adopt RESOLUTION NO. 6375, a Resolution to Approve the CSAH 112 Preliminary Layout. VOTE: Ayes 4, Nays 0. PLAN NING COMMISSION COMMENTS – CHRISTOPHER McGRANN, REPRESENTATIVE None PUBLIC COMMENTS Tom Bergerson, 3735 Watertown Road, stated he would like some insight into whether Mediacom is on track with their expansion proposal. McMillan stated to her understanding the City has reached out to Mediacom to address the City Council regarding their build-out plans. Loftus stated an invitation has been extended for Mediacom to speak at one of the April Council meetings. Loftus stated the City has been told there is an optic fiber shortage and that the intent of meeting with Mediacom in April is in order to obtain a firm schedule for the build-out. PLANNING DEPARTMENT REPORT 5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN Gaffron stated the applicants have submitted an updated sketch plan and supporting materials based on the City Council comments provided at the January 6 meeting. The updated plan includes 52 lots and road connections to West Branch Road and North Arm Drive West. The revised sketch plan would be developed as a Planned Residential Development. Gaffron indicated Pat Hiller from Source Land Capital is here tonight to discuss the updated sketch plan. Gaffron noted no formal action by the City Council is required on the sketch plan. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 6 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) Pat Hiller noted they were before the City Council on this application on January 6. The feedback received at that time was a desire for a two acre minimum lot size, with some possible flexibility being given on the 200-foot width, minimize the grading impact to the site and work with the natural contours, and to make the connection to North Arm Drive to the north and eliminate the cul-de-sacs. Hiller indicated the cul-de-sacs have been eliminated as much as possible with their revised sketch plan. Hiller indicated they also have been exploring the possibility of obtaining city water from Minnetrista since the last meeting. Hiller stated there are four constraints with the site and they are all related to each other. Hiller stated the chart on the overhead is designed to help the Council understand the conservation design constraints, the zoning requirements, the septic locations, and the economics of the site. Hiller stated it is very important to maximize the number of lots in order to help pay for the site restoration and infrastructure associated with obtaining city water from Minnetrista. The more lots mean a lower price per lot, which leads to faster market absorption of the new homes. Hiller stated due to the nature of the site, there are only certain areas where septic sites will work. The lots must be laid out so that each has 10,000 square feet of area available for a primary and secondary location. The updated sketch plan has reduced the number of lots from 55 down to 52 lots. Based on the net area calculations, 60 lots would be allowed. The lots average 2.2 acres per lot, with direct access to the lots along North Arm Drive. Two major ecological corridors located in the middle of the site will be preserved as well as the natural water pathways. Hiller noted the current sketch plan meets the two acre zoning requirements in all but the following areas: 1. Six lots will be between 1.7 and 2.0 acres. All other lots are 2.0 or more acres. 2. Seven lots will be between 150 feet and 200 feet in width at the building pad. All other lots will be 200 feet or more. 3. Depending on final septic site locations, a few lots may require side yard setbacks as low as 20 feet. All others will be maintained at 30 feet. Hiller noted some of the septic sites will need to be placed within the Conservation Easements. If that is not allowed, some of the Conservation Easements will need to be eliminated. Hiller displayed the proposed current layout of the site. The southerly access off of West Branch will be retained. The overall design does keep the basic concept of the cul-de-sacs. The corridors through the center of the site were important to preserve the natural water pathways. Hiller stated they have rearranged some of the lot lines to ensure that each lot has approximately 10,000 square feet and two septic site pads. Hiller noted the septic sites will need to be confirmed. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 7 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) Hiller indicated they are asking for some leeway in the PRD application in order to make sure each lot is within a valid septic zone and due to the necessity to have 52 lots in order to make the economics work on the development. Hiller stated in his view the current plan represents a good balance between the various design constraints found on the site. Hiller noted there are 40 to 50-foot elevation changes throughout the site, and in an effort to minimize the grading impact on the site, a design layout was arrived at to accommodate those areas. Hiller stated the Council did ask that the cu-de-sacs be eliminated as much as possible. Hiller stated they did look at alternate designs without the cul-de-sacs but those layouts did not work as well and they arrived at the design that is being proposed tonight. Elimination of the cul-de-sacs resulted in the elimination of the two natural corridors in the middle of the site, which is contrary to the conservation design principles and narrow, deep lots. Hiller stated in their view that was not as nice of a layout and they ended up abandoning that concept. Hiller stated as it relates to city water, they did meet with City Staff from Orono and Minnetrista to discuss the feasibility of using Minnetrista city water for the site. All parties agreed the city water would be a good solution if the water rates could be kept at a level that worked for both cities and still represented a good value for the consumer. Hiller noted pipe maintenance responsibilities would need to be worked out. Under this concept, the City of Minnetrista would sell water to Orono at a yet to be determined rate. Orono Staff would then need to work out how much the City could then sell the water to the consumer for in order for the overall feasibility to be determined. Hiller stated if those details can be worked out, they will likely be providing city water for this site. Hiller stated they also have met with the Watershed District on a couple of occasions to discuss restoration of the site and regulatory requirements. A preliminary stormwater management plan has been submitted for their review. Hiller stated it appeared at the most recent meeting that the project is on the right track to meet the regulatory requirements. A discussion was also had with the Watershed District about the possibility of adding an additional holding pond in the northwest corner of the site to capture offsite stormwater coming in from the north. Hiller stated they have received feedback recently on qualified contractors and cost estimates on the site restoration. The general idea of the vision for the areas of the conservation easements is an herbicide would be applied to the sod, which would then be tilled under, and various prairie grasses would be planted. In the first three years, a very strict management plan would be implemented and followed for maintaining the vegetation. Hiller displayed an example of what the conservation easements would likely look like in the first year. Levang noted the only thing they are proposing being located in the conservation areas are septic sites. Levang asked whether pools would be located in those. Hiller stated they do not envision pools and sheds in those areas. McMillan commented mound septic systems have been constructed in conservation easements in other cities, such as the Cloverdale Farms. McMillan stated with a mound system, very little activity can occur in those areas. McMillan asked if they are proposing mound septic systems. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 8 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) Hiller indicated they would be. McMillan asked if the tanks would also be located in the conservation areas. Hiller indicated they would not be and would likely be located approximately 50 feet from the rear of the house. Printup asked if any input has been sought from Hennepin County on the road access and the speed limit. Hiller stated nothing additional has been received from Hennepin County other than them indicating their support of the entrance to the south. The general feedback has been that the additional traffic that may be generated is felt to be well below the capacity of the road and no further modifications are being considered to County Road 19. McMillan asked as it relates to the cul-de-sac to the far right and the cul-de-sac to the north, whether there is an advantage to having those. Gaffron stated City Code requires that if there are more than two homes sharing a driveway, it requires a paved 24-foot roadway. There is approximately a distance of 300 to 400 feet for the cul-de-sac off of the main interior road. Gaffron stated he would not recommend that being a private driveway due to the fact that emergency vehicle access is required, which would not be gained with individual driveways. Gaffron noted road access is also available around the back of those lots, but whether it would be useable for emergency vehicles is questionable. Gaffron noted the City does have a number of similar cul-de-sacs in other two-acre developments. Hiller stated the cul-de-sac was measured at 325 feet. McMillan stated she is struggling with the narrow widths of some of the lots. McMillan stated she understands what they are attempting to achieve, but that on undeveloped land, it is difficult to approve long, narrow lots. McMillan stated she understands the need for good soil for the septic sites, but that she has a concern with Lots 23, 24, and 25. McMillan stated as it relates to the oddly shaped Lot 18, she would prefer that lot be eliminated, which would allow Lots 20 and 21 to become two-acre lots. McMillan noted she does not have a problem with Lot 10 or a couple of the other smaller lots, but that she does have an issue with the long, narrow lots as well as Lot 18. Hiller commented some of the shapes are odd but it was due to providing access to the septic sites. McMillan stated she would be fine with one or two lots being below the two-acre minimum but that she would like to see Lots 23, 24, and 25 conform to the two acre requirement. McMillan noted as it relates to Lot 52, which was made two acres by including the little piece by the pond. McMillan stated the area by Lot 52 is perhaps a place where a passive park could be located, which would allow Lot 51 to conform to the two acres. Hiller asked if it would be more of a set-aside area or whether there would be play equipment in that area. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 9 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) McMillan stated she is thinking more of a natural area with perhaps a bench or two and that she would encourage him to consider that. McMillan noted that type of area would fit in with this type of development since most of the residents would likely have their own play equipment on their individual lots. Hiller indicated they will take a look at that. McMillan asked if they are proposing a homeowners association as it relates to the conservation easements. Hiller stated there will be a homeowners association. Hiller indicated the conservation areas are going to be individually platted and will not be owned by the homeowners association but they will be owned by the individual homeowners. In the homeowner association documents, the use of those spaces will be regulated and each homeowner will have to adhere to that. As it relates to the restoration, the idea is to make it as maintenance free as possible. Hiller stated after the three-year growth and maintenance period, the areas will be relatively maintenance free and will not need to be mowed or water. Bremer asked what would happen if an individual homeowner does not follow that concept for the conservation easement. Hiller stated the homeowners association will be in charge of the area, but that he would welcome the City’s feedback on that. Hiller stated it is his understanding that in similar situations the homeowners association can sue an individual homeowner if they violate the regulatory documents, but that he would be open to discussing options for enforcing that. McMillan stated she is in favor of the holding pond located in the northwest corner. Hiller stated there may also be some funds available from the Watershed District to create that holding pond but that the site restoration will be at the developer’s expense. Hiller stated if the Council is in favor of the holding pond, they will continue to explore that further. McMillan commented it would be better to deal with the stormwater issues prior to the houses going in. Hiller stated the Watershed District has been very willing to work with them and that things are off to a good start. Levang stated she is in agreement with Mayor McMillan on making more of the lots conforming to the two acres. Levang asked if they have received most of the information relating to the septic sites. Hiller indicated last fall they tested 14 sample sites, with 13 of the sites passing. The one site did not pass due to the slope, with the septic site needing to be relocated to a flatter area. No further work was able to be done prior to the winter. Hiller indicated they also created some preliminary zones but that additional information will need to be gathered prior to the actual septic sites being determined. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 10 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) McMillan asked whether he would like to come back before the City Council with a further refined sketch plan or a preliminary plat. Hiller stated in his view they can accommodate the comments made by the City Council tonight. Hiller stated if the Council feels the sketch plan is 90 to 95 percent the way they would like to see it, they would like to proceed to preliminary plan. Hiller noted a final sketch plan or preliminary plat cannot be developed until the percolation testing is completed and that he would propose that they complete the percolation testing and then come back with a pre-preliminary plat. Bremer commented she is in favor of the pre-preliminary plat. Levang stated until the percolation tests are completed, things could shift considerably. Hiller stated it is likely things will shift somewhat. McMillan stated if the applicant has an issue with reducing the number of lots, he should inform the Council of that tonight. Hiller stated the costs are still somewhat variable. Hiller asked how the Council feels about the restoration and whether it comports with the vision that they have for this site. Levang indicated she is okay with what is being proposed for the restoration. McMillan stated in her view it is a real improvement, and if it is done correctly, it will be relatively low maintenance. Hiller stated it would not be possible to ask the individual homeowners to maintain their portion of the conservation easement and that it will need to be low maintenance. McMillan commented she also likes the idea of preserving the vistas. Hiller stated this vision is a practical way of preserving those areas and that he would prefer not to reduce the number of lots to fewer than 50. Hiller stated there is a more expensive option to restoring the site but that they prefer the low maintenance option. McMillan noted the City of Minnetrista is undertaking a water study currently and that they are looking at redoing their water treatment system. Struve stated he is not aware of the specifics, but that it sounds like there are some issues with radium and iron, which will require additional filtering, but that it should not impact their capacity. Struve stated it may impact their water rates. Hiller stated to his understanding they are considering installing a water infiltration system. McMillan stated she has heard that it will cost between four and eight million dollars. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 11 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) Hiller noted private wells will work on this site but that they would like to continue to pursue obtaining water from Minnetrista first. Hiller indicated he will keep the City apprised of the progress being made. Printup stated he is okay with the spirit of the sketch plan and that he would like to see the plan further refined. Printup asked what the other option was for restoring the site. Hiller indicated it would involve the planting of flowers and other vegetation that would need to be maintained on a regular basis. Bremer stated the City has seen that type of restoration utilized elsewhere and that over time they tend to become problematic. Bremer stated the option being proposed tonight will become established faster and will require less maintenance. Hiller stated he will plan on coming back before the City Council once the percolation testing has been completed with a pre-preliminary plat. Hiller indicated he will also clean up some of the lot lines. Hiller stated his hope is to get a preliminary plat application before the Council sometime this summer. McMillan stated the goal is to get some of the lots more conforming with the acreage and to look at some areas for additional park land besides the conservation easements. Gaffron asked if the Council has any intent for any of the conservation areas to be available to the public. McMillan stated she does not envision them being open to the general public. Levang asked if any type of trail system is being proposed for the residents. Hiller stated at this point they do not envision a trail system since the lots would be individually owned and that the residents would be able to walk the cul-de-sacs and the roadways. McMillan opened the meeting up for public comment at 8:17 p.m. Connie Piepho, 540 North Arm Drive stated she does have some concerns that she would like the City Council Members to consider. Piepho stated she was wondering, if Minnetrista and Orono agree on the water; how a resident who buys one of these homes will be protected in the future on the water rates. Struve stated the rates would be negotiated with Minnetrista and would be similar to other city water rates, which would also be subject to change. Struve stated Orono may add a slight markup cost to the water rate but that the City cannot guarantee the rates will not increase at some point in the future. Struve stated an extended agreement would be entered into between the two cities so the residents would have some idea of the costs. Loftus stated the general intent behind establishing a rate for most cities, including Orono and likely Minnetrista, are to cover its costs and not a desire to make money off of residents. Loftus stated water rates do increase periodically, but any increases are designed to help cities recover their costs and make any necessary repairs. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 12 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) Piepho asked if those costs would be spread out over all the residents of the city or just the residents of the development. Loftus stated the agreement would likely just apply to this development. Levang indicated it would be a user fee. Loftus noted there are certain neighborhoods in Orono that currently receive water from Long Lake or Wayzata and those rates are variable depending on the rate charged by each individual city. Piepho stated everyone talks about the traffic that the golf course has handled over the years, which has been parlayed into what the roads will be able to handle, but that she would encourage the City Council to consider the amount of traffic that will be on the roads once summer comes. Piepho stated the intersection in that area is not a very good intersection and that the City Council needs to look at the amount of traffic that will be generated from this development. Piepho noted Mr. Hiller has stated that he needs a minimum of 50 lots in order to make this development work economically. Piepho stated at the last meeting it was indicated that there were real estate market surveys completed showing a demand for homes in the range of $800,000 to $1.5 million. Piepho stated if there is such a demand, she does not feel that eliminating a couple of lots will play a big part in making this development a success. Hiller stated to their knowledge the market survey information is accurate and that they are putting their own money into this project. Hiller noted he did indicate to the City Council that he would work on reducing the lots. Ryan Bennett, 4680 North Arm Drive stated his first question for the developer relates to the entrance on the north side. Bennett asked where exactly that is located in comparison to the current entrance to the golf course. Hiller stated he does not have the exact measurement from the corner. Bennett pointed out the location of his property and indicated he does not want headlights shining into his house from this development. Curtis displayed on the overhead the layout of the development and noted that it does not appear that headlights will be shining into Mr. Bennett’s property as currently proposed. Bennett stated he also has a concern regarding the safety of the intersection and that he was not aware there would be two entrances coming into this development. Bennett stated during both the morning and afternoon rush hours, the majority of the people will head north on County Road19 up to Highway 12 and into the cities for work. Coming home, the people will be traveling over the hill on County Road 19 and taking a left onto North Arm Drive. Bennett stated in his view there will be a lot more people coming into this development than what occurs today and that there should be a traffic signal in that area. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 13 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) McMillan stated the City can have Hennepin County look at that closer. Bennett stated he also does not understand the negatives regarding the cul-de-sacs. McMillan stated the Council was interested in having more than one entrance into this development to help divert the traffic. Levang stated having more than one entrance would also increase the safety. Bennett stated in his view a study should be done on the intersection of County Road 19 and North Arm Drive and whether a turn lane and/or turn signal should be installed. Bennett stated he also has a concern with the traffic on North Arm prior to people turning into the neighborhood given the width of the road. Bennett stated if the road needs to be widened, it would make more sense to do that prior to this development being completed. Bryce Johnson, 580 North Arm stated throughout the process the residents were told that an EAW was not necessary but Staff’s report notes that it is required. Johnson asked whether the sketch plan will be utilized or the preliminary plat. Hiller indicated early on in the process they thought it was not necessary, but according to the statutes it is required; which they were not aware of. According to the statute, golf course developments where the ultimate lots will be less than five acres require an EAW. Johnson stated it was his understanding a preliminary plat is required for an EAW. Hiller stated to his knowledge a sketch plan can be used to conduct an EAW. Dave Nash, Engineer, stated an EAW does not need to be done on a preliminary or final plat and that when the EAW is undertaken, it needs to represent what the final product will be. Nash stated prior to the EAW being completed, the layout of the site will be fairly finalized and no major changes will occur. Nash stated there is no definite requirement under the statute for when the EAW needs to be completed. Johnson stated the residents are also disappointed that no public trails are being proposed for the development and that it was their understanding there would be trails. Johnson asked whether anything can be done to address that. Johnson stated his other question relates to the maintenance of the pond and who will be obligated to handle that. Hiller indicated the way all developments work is that there is a period where the developer will hold any remaining lots that are not sold and that the development agreement and homeowners association will handle that. Hiller stated each homeowner will pay their proportionate share necessary to maintain the pond. Johnson stated the residents were also told that a wetland delineation needs to be done during a growing season and that this delineation was done during the fall. Johnson asked whether the removal of the tile would impact the wetland delineation. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 14 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) Hiller stated the wetland delineation was done during the last growing season. Nash stated the wetland delineation has not yet been formally approved. The delineation was done during the fall and was conducted by a very reputable wetland company. The delineation has been submitted to the City and the Watershed District, but due to an early snow, the wetland delineation was not approved last fall and will need to be approved this spring. Nash stated that they are comfortable that the wetland delineation will be approved and that the removal of the tile will not significantly impact the wetlands. Johnson pointed out an area of the development that experiences runoff during a typical rainfall. Hiller noted he raised four constraints earlier tonight that they are facing in order to make this development work and that they are attempting to create a development that everyone will like in light of those constraints. Bremer stated the City Council also needs to be mindful of the economics of the development but that there needs to be a balance. McMillan stated the City Council is interested in creating a development that works both economically and environmentally. Brenda Johnson, 520 North Arm Drive stated she would concur with both Bryce Johnson and Connie Piepho on their comments, but that she does have an issue with the way that the conservation easements are being handled. Johnson stated in her view a collection of homeowners would have more say over the management of those areas rather than the developer and that it is very unlikely that all of those lots will be developed in three years. Johnson stated the residents may be facing a period of time longer than three years and that she has a concern the developer will only be responsible for maintaining those areas for three years. Johnson stated typically a development will have walking paths or other amenities for the community and that this development appears to be more of a gated community. In terms of obtaining water from Minnetrista, Johnson asked whether Orono would own that infrastructure. Johnson asked if the infrastructure costs would be borne by the developer or whether Orono’s citizens will have to pay for some of that infrastructure in order to bring water to the development. McMillan stated to her understanding the long-term maintenance of the infrastructure would be paid for out of the City’s water enterprise fund. Struve indicated the cost of installation would be borne by the developer. Loftus noted the water enterprise fund is supported by user fees and not tax dollars. Thomas Wanner, 460 North Arm Drive stated it keeps being mentioned that there is an economic viability that the City needs to compromise on to make this development a go, and that in his view the City Council should look at what the economic responsibility is of the developer as far as an escrow as well as the developer’s overall economic viability. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 15 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) McMillan stated the City will require a letter of credit on this development. Mattick stated the general philosophy for development in Orono is that the development pays for itself. The developer will be responsible for installing any infrastructure that is required for the project. In addition, during the construction, the City will require an escrow in the event any repairs are necessary. That escrow is either reduced or released back to the developer. Mattick noted the City has drawn on escrows in the past in order to finish up a project. Theresa Eastman, 4520 West Branch asked if the houses that are already located on or near the golf course will also have to hook-up to city water or whether it will just be the homes in the development. McMillan indicated it will just be the development. Eastman asked how close the septic systems are allowed to be placed next to existing wells. Gaffron stated the minimum state standard is 50 feet. Eastman asked what happens if there are three septic systems right in a row. Gaffron stated Staff would have to look at each individual situation to see what works. Gaffron indicated it is easier to relocate a well than a septic system. Eastman asked if any expenses will need to be incurred by the existing homeowners to relocate their wells. Mattick stated the City will not require any resident to relocate their existing well because of this development. Eastman asked whether any septic systems would be allowed close to her well. Gaffron stated the septic systems would need to meet all applicable regulations and that Staff will be looking at what is on the perimeter of this development to ensure that any existing wells will not be impacted. Eastman stated she is also hoping that the existing dump that is located behind her house will be cleaned up. Eastman pointed out the location of the dump. Eastman stated she also had a question on who would pay to remove all of that debris. Eastman stated she has a concern about that debris pile catching on fire. Gaffron indicated Staff will take a look at that. Paula Johnson, 580 North Arm asked if the City is requiring a letter of credit or an escrow. Mattick indicated the City will be requiring both but that the primary one will be a letter of credit to secure the public improvements. Mattick stated it does not need to be in the form of a letter of credit and could be a cash deposit. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 16 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) Johnson asked what the plan is for the trees already on the golf course and how many of those will remain. Hiller stated they do not know that for sure until the final site layout is completed. Hiller stated their goal is to maintain as many trees as possible. Hiller indicated any trees on the proposed building pads will need to be removed but that they will attempt to minimize that wherever possible. Hiller indicated a tree survey was completed last summer and that it is a matter of determining the building pads at this point to see what trees will remain. McMillan stated the developer may want to touch on the site restoration. McMillan asked whether the site restoration and vegetation will be done all at once or whether that will be staged in. Hiller indicated he is not 100 percent certain on the appropriate way to do the site restoration and that it is something that will need to be determined. Dean Mitchell, 740 North Arm, asked whether the stormwater drains that run under North Arm going to be removed and whether the stormwater will be kept onsite. Hiller stated to his understanding there are four inverts total along North Arm, with three of them diverting water off the site and one diverting water on to the site. The idea with the grading plan is to change the drainage patterns so that no water leaves the site. Dave Nash indicated that is correct and that they will attempt to eliminate any water going off to the east and redirect it to the west. Mitchell asked if those pipes could be removed. Nash stated if they can make the site work correctly, the plan is to remove those. Harriett Smith, 370 North Arm stated she has visited the arboretum and looked at the prairie grass. Smith stated in order to get rid of the weeds, it is necessary to burn the prairie grass, and if there are small sections here and there, it will be more difficult for the fire department to accomplish that. Smith indicated she would like to visit the arboretum again to see if she can get some information on maintaining the prairie grass. Smith stated another concern she has is as people make the turn on to North Arm, there is usually one car that lands down in the golf course during the winter. In addition, people are traveling at 50 miles an hour and then they attempt to make the turn. Smith stated in her opinion there needs to be a four-way stop in that location. Hiller stated their plan for the prairie grass is not to burn it given the homes located nearby and that they are instead planning on mowing it to a certain length. McMillan commented that is something that perhaps could be firmed up with the homeowner association documents. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 17 of 24   (5. #13-3638 SOURCE LAND CAPITAL – 405 NORTH ARM DRIVE – LAKEVIEW GOLF COURSE PROPERTY – CONTINUED SKETCH PLAN, Continued) Mary Sladek, 420 North Arm Drive stated she would echo the other citizens’ concerns regarding the safety of County Road 19. Sladek asked if anyone has considered an entrance in the area of the plateau off of County Road 19. Sladek noted there is currently a four-way stop there and the speed limit is lower. Sladek asked who will be maintaining the golf course given the fact that there is now a delay in the development. Hiller stated the golf course is not going to open this year but some of the staff will be retained and they will keep the course mowed and maintained. Hiller stated as the spring approaches and the septic sites are tested, there will likely be some fencing erected around the septic sites after they are tested to deter people from walking in those areas. Hiller stated the golf course will be maintained so it does not become an eyesore but it will not be maintained to the degree it currently is. Sladek asked what will happen with the club house. Hiller indicated that will be removed and it will become part of the restoration area. Mayor McMillan stated she would encourage the residents to email the City Council with any questions or concerns they may have. Mayor McMillan closed the public hearing at 7:53 p.m. Hiller stated they will take all the comments they have received tonight and incorporate them into their plan. The City Council took no formal action on this item. (A recess was taken from 7:50 p.m. to 7:58 p.m.) 6. #14-3648 BEN GOODWIN – 565 LEAF STREET AND 550 OXFORD ROAD – VARIANCE – RESOLUTION NO. 6376 & RESOLUTION NO. 6377 Curtis noted the City Council reviewed this request for a fence variance at their March 10 meeting. The applicant requested variance approval to allow an 8-foot tall fence within the side and rear yards of his property and the neighboring property at 550 Oxford Road. The Council heard testimony from the applicant and the public at that time and subsequently voted 4 to 0 to direct Staff to draft an approval resolution for each property. Curtis noted one of the findings in the resolution has been removed and the revised resolution has been provided to the Council. Also received were some additional comments received today via email. Curtis stated the Council should review the findings contained in the resolutions and consider adopting or amending them. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 18 of 24   (6. #14-3648 BEN GOODWIN – 565 LEAF STREET AND 550 OXFORD ROAD – VARIANCE – RESOLUTION NO. 6376 & RESOLUTION NO. 6377, Continued) Levang stated she would like to mention a couple of items but that she would first like the City Council to allow the McCall’s to speak. Jeff McCall, 3920 Hillcrest Way of Deep Haven indicated he is the pastor of the church located at 525 Leaf Street as well as the Woods Chapel. McCall stated he would like to thank the City Council for the opportunity to speak tonight. McCall stated to the best of his knowledge, they acquired the property in 2006, and that the original church on this property was constructed in 1882. The church has held services for area residents and visitors continuously since that time, providing a sanctuary for worship and fellowship. As is generally the case, the neighborhood has grown up around the church over the past 130 years. The current church building was constructed around 1970 and replaced the previous stone church that existed on the site. McCall stated the property is heavily wooded with maples and gardens and contains a natural outdoor chapel. McCall stated Woods Chapel has been a standout wedding location in Orono for approximately 50 years, which provides a lot of commerce from the people who visit the area. Church services are held every Sunday at 11 am, in the church building. Other weekly activities consist of prayer meetings and bible studies. McCall stated typically a wedding ceremony will be held on a Friday or a Sunday and one to two weddings are held on Saturday from the middle of May through October. Some weddings are held inside the church from November through April. McCall indicated the summer weddings are also sometimes held inside the church. McCall indicated the bridal party may take some pictures on the patios located about 50 feet from the Goodwin property and any outdoor ceremonies are held in the outdoor chapel located approximately 250 feet from the Goodwin property. McCall stated the church has always been cognizant of its location and respectful of the neighborhood. McCall stated to his knowledge and experience, the church has had a good relationship with the neighbors and the community. The building and the grounds are alcohol and smoke free due to the risk of elevated behavior and impact to the neighborhood. Occasionally there are funerals or celebration of life services held at the church. All wedding parties are informed of policies regarding neighboring properties. In addition, there is no off-site parking allowed and no loud music or abusive language is allowed. McCall indicated these rules are strictly enforced by staff members at every wedding. McCall stated he and his wife do not object to the Goodwin’s erecting the fence, but noted the property contained a substantial amount of trees and vegetation that for a long time provided a natural barrier which was cut down last summer by the Goodwin’s. McCall stated they have had a mutual benefitting relationship with the previous neighbor and that they would like to continue to build relationships with the neighbors and the community. McCall stated True Victory Christian Fellowship does not want to be held financially responsible for construction repairs or regular maintenance of the Goodwin’s fence and that their intent is to continue to increase the trees and plantings to assist with the natural screening between the properties. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 19 of 24   (6. #14-3648 BEN GOODWIN – 565 LEAF STREET AND 550 OXFORD ROAD – VARIANCE – RESOLUTION NO. 6376 & RESOLUTION NO. 6377, Continued) McMillan stated she is okay with the resolutions as amended but that she does have one issue about the maintenance of the fence that faces away from the Goodwin’s house. McMillan stated since this is a variance, she does not want the neighboring properties to have to be the ones to raise the issue should the fence fall into a state of disrepair. Mattick stated the fence would belong to the Goodwin’s and McCarthy’s, and if it deteriorates, it would be up to them to repair the fence. McMillan asked whether any conditions could be placed on the two properties since a variance is being granted to help ensure the fence remains in good condition. Curtis indicated maintenance of the fence is covered in the resolutions. Levang noted it is Item 2 of the conditions listed on Page 3, but that she would like to see some stronger language due to the location of the fence on the lot line and the imposing height of the fence. Levang stated she would like it to be very clear that the applicants are responsible for continually maintaining the fence in prime condition and that if there are any disputes regarding the condition of the fence, that it be directed to the building inspector for investigation and action. Mattick noted maintenance of a fence is contained within the City Code that would be enforced by the City. McMillan noted that covers routine maintenance and this application would involve a variance. Printup stated he understands the Mayor’s concerns. Bremer stated it would still be considered a fence, which would be covered by the ordinance. Mattick asked what she would be looking for beyond the Code. Levang stated she would like to see continual maintenance of the fence. Levang noted the language contained in the resolution states that the owner of fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. Levang stated what might be reasonable to the Goodwin’s may not be reasonable to Free Victory. Levang indicated she would like to set the bar higher by saying the fence must be maintained in continual prime condition. Bremer noted that would be covered under the language that says the fence shall not be allowed to become or remain in disrepair or in a dangerous condition. McMillan stated she was thinking of having a third party make that determination. Curtis stated if Staff receives a complaint regarding the fence, Staff would investigate it. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 20 of 24   (6. #14-3648 BEN GOODWIN – 565 LEAF STREET AND 550 OXFORD ROAD – VARIANCE – RESOLUTION NO. 6376 & RESOLUTION NO. 6377, Continued) Mattick stated the City would be the third party. McMillan asked if that could be spelled out in the resolution. McMillan stated she would like it designated in the resolution that the determination will be made by a third party. Mattick stated the City cannot take enforcement of the conditions of a variance and hand that to some other third party. Mattick stated the City would need to be the third party. McMillan stated she would just like that spelt out in the resolution to avoid any confusion. Bremer stated a sentence could be added to the end of Item No. 2 which reads, to the extent that anyone questions the condition of the fence or any disputes arise regarding the condition of the fence , that those concerns will be directed to the City of Orono to handle in accordance with the above code section. Mattick indicated that would be fine. Levang stated she would be fine with that language. Levang stated given the fact that the fence is located on the lot line and is higher than what is normally allowed, she would like some additional assurances for the adjoining property owner. Levang suggested the following language be added under Item No. 2: Any disputes regarding the condition of the fence will be directed to the City of Orono per City Code. Levang stated the resolution mentions PVC, but that it was her understanding when this was discussed at the last meeting that the fence would be constructed out of wood. Curtis indicated the applicants’ plan shows the fence constructed out of PVC. Levang asked if Staff has a picture or an example of what the fence would look like. Curtis indicated that would be contained in Exhibit D. Curtis stated she was not able to determine the color of the fence from the manufacturer’s website. McMillan commented it would be nice if people would bring in samples of their materials to Staff or to the Council. Gaffron noted this fence will hold up a lot longer than a wooden fence. Bremer stated Paragraph 3 requires that the fence be natural or neutral in color. Levang noted in the file there was a letter dated March 13 indicating that it was their hope that the Council will approve the variance application in time to allow the wedding chapel enough time to finance the appropriate fence installation. Levang noted Mr. McCall indicated he did not want to be involved in the cost of the fence or any repair, and that she would like it made clear to the applicants that any cost sharing by interested parties is not contemplated or required by the issuance of the variance. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 21 of 24   (6. #14-3648 BEN GOODWIN – 565 LEAF STREET AND 550 OXFORD ROAD – VARIANCE – RESOLUTION NO. 6376 & RESOLUTION NO. 6377, Continued) Curtis asked if she would like that added as a condition. Levang indicated she would. Mattick stated it would be fine to add language indicating that the City is not taking sides in terms of who is going to pay for the fence, but that if the Goodwin’s or McCarthy’s should have a cause of action for some reason, the resolution cannot be used to stop that or foreclose a right that the Goodwin’s would otherwise have. Levang asked what the language should be. Bremer stated the City takes no position on the costs of the fence. Mattick stated he would be fine with that language. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6376, a Resolution Granting Variances from Municipal Zoning Code Section 78-1405, 565 Leaf Street, and to adopt RESOLUTION NO. 6377, a Resolution Granting Variances from Municipal Zoning Code Section 78-1405, 550 Oxford Road, with the resolutions being amended to include under Item No. 2, Page 3, the following language: Disputes regarding the condition of the fence will be directed to the City of Orono per City Code, and to include under Paragraph 7 the language that the City is neutral in regards to cost sharing. Printup stated he understands the points clarifying the resolutions, and asked if those conditions need to be spelled out in future resolutions approving a fence. Levang stated she is attempting to clarify given the letter dated March 13 to the City. Printup stated he does not want to go down the road of always clarifying that in future resolutions. Levang stated in her view it is important to specify what the remedy is if there is ever a dispute in this case but that it may not be necessary in other situations. Printup stated he has a concern with including that type of language every time since it is already included in the City Code. Bremer stated she is in agreement with Council Member Printup and noted that the Mayor and Council Member Levang feel this is a unique situation that warrants the added language. Bremer stated similar issues could be raised in another situation but that in her view it would not be necessary for every fence. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 22 of 24   (6. #14-3648 BEN GOODWIN – 565 LEAF STREET AND 550 OXFORD ROAD – VARIANCE – RESOLUTION NO. 6376 & RESOLUTION NO. 6377, Continued) McMillan stated the resolution does not specify the provisions of the code and that the added language helps clarify it without the need to reference the code. McMillan stated as far as the intent to pay, she does not have as big of a concern regarding that, but that Council Member Levang has a concern about previous inferences that were raised about the chapel paying for the installation of the fence. VOTE: Ayes 4, Nays 0. *7. #14-3659 GEORGE STICKNEY ON BEHALF OF DNA PROPERTIES, LLC – 1535 BOHNS POINT ROAD – FINAL PLAT – RESOLUTION NO. 6378 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6378, a Resolution Approving the Plat of Bohns Point West. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT Struve noted road restrictions are in effect. The majority of the residential roads are posted at four tons with the exception of some truck designated routes, which are posted at seven tons. All county roads are posted at nine tons. Struve reported the Public Works Department will be working with STS to remove some buckthorn at the golf course. The work will commence sometime after April 1. Struve stated in conjunction with the painting of the City’s water tower, a 100-foot pole will be erected temporarily near the tower to accommodate Sprint’s cell phone equipment. After the water tower is painted, Sprint will have 45 days to remove the temporary pole and replace their equipment on the tower. *8. APPOINTMENT OF 2014 GOLF COURSE EMPLOYEES Levang moved, Bremer seconded, to approve the hiring of the 2014 seasonal employees outlined in Staff’s memorandum dated March 24, 2014, under the applicable provisions of the PERA rules. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Levang reported the Mayor, the City Administrator and herself attended the special AIS meeting with Gabriel Jabbour and other individuals. Levang stated the meeting was very informative on all the different methods and partnerships they have formed to tackle the AIS issue. Levang suggested Mr. Jabbour be invited to attend a future City Council meeting to provide an update on the steps being undertaken on the AIS problem. McMillan stated a parks person from Colorado was also in attendance at the AIS meeting and she spoke on how they conduct their mandatory inspections, which was very interesting. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 23 of 24   (MAYOR/COUNCIL REPORT, Continued) McMillan asked if there will be a joint work session with the Planning Commission next month and what topics will be discussed. Gaffron indicated that work session is scheduled for April 28. Soren will be reviewing a number of legal and code topics of interest. CITY ADMINISTRATOR’S REPORT Loftus reported the deadline for applications for the community development director position was last Friday and 13 applications were received. The applications have been distributed to Mayor McMillan and Council Member Bremer for their review. Loftus indicated they will be selecting some top candidates for an interview on April 9. Loftus stated the City is still recruiting two applicants to fill vacancies on the Park Commission and that any interested residents should contact City Hall. Loftus noted April 16 from 4:00 to 6:00 p.m. is an opportunity for Orono’s property owners to discuss any concerns they have regarding their values with the Hennepin County appraiser. *9. POLICE SERGEANTS LABOR AGREEMENT FOR 2014-2016 Levang moved, Bremer seconded, to approve the Labor Agreement Between the City of Orono and Law Enforcement Labor Services (Local No. 168) – Police Sergeants 2014-2016. VOTE: Ayes 4, Nays 0. *10. LICENSES & PERMITS – ONE DAY GAMBLING One Day Gambling – Resolution No. 6379 1. Orono Baseball Association (raffle) Orono Baseball Raffle 2014 Orono High School Varsity Baseball Field, 685 Old Crystal Bay Road Friday, May 9, 2014 5:00 p.m. drawing Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6379, a Resolution Approving the Minnesota Lawful Gambling Application for Exempt Permit of the Orono Baseball Association for a One-Day Gambling Activity. VOTE: Ayes 4, Nays 0. *11. CLAIMS/BILLS Levang moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o’clock p.m. _____________________________________________________________________________________       Page 24 of 24   CITY ATTORNEY’S REPORT 12. CLOSED SESSION Printup moved, Levang seconded, to enter into Closed Session to discuss ongoing litigation between the City of Orono and Jay Nygard. VOTE: Ayes 4, Nays 0. (The City Council went into closed session from 9:26 p.m. to 9:55 p.m.) ADJOURNMENT Printup moved, Bremer seconded, to adjourn the Orono City Council meeting at 9:55 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _______________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor