HomeMy WebLinkAbout07-14-2014 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
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Page 1 of 19
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Acting
Mayor Printup, Council Members Kristi Anderson, Cynthia Bremer, and Lizz Levang. Representing
Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development
Director Andrew Mack, Senior Planner Michael Gaffron, City Planner Melanie Curtis, City Attorney
Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young.
Acting Mayor Printup called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
1. CONSENT AGENDA
Item Nos. 10, 11, and 12 were added to the Consent Agenda.
Levang moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
*2. MINUTES OF THE CITY COUNCIL WORK SESSION OF JUNE 23, 2014
Levang moved, Bremer seconded, to approve the minutes of the Orono City Council Work Session
of June 23, 2014, as submitted. VOTE: Ayes 4, Nays 0.
*3. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 23, 2014
Levang moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of
June 23, 2014, as submitted. VOTE: Ayes 4, Nays 0.
PLANNING COMMISSION COMMENTS – LOREN SCHOENZEIT, REPRESENTATIVE
Schoenzeit stated he had nothing to report but would be available for questions.
PUBLIC COMMENTS
Bill Ahrens, 1412 Baldur Park Road, stated he has resided on Baldur Park Road a little over ten years and
is a retired civil engineer. Ahrens stated on behalf of his neighborhood, he would like to thank the City
for their efforts in helping them during the flooding they experienced after the June 19 rain storm.
Ahrens stated he would also like to present a petition to the City tonight requesting that they rebuild
Baldur Park Road sooner rather than later. The petition has been signed by a majority of the residents
except for a few people who were out of town.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
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Page 2 of 19
(PUBLIC COMMENTS, Continued)
Ahrens stated the area experienced two major issues following the rainstorm, and the first was the
lakeside flooding. The residents have had to cope with flooding in yards, crawl spaces, and garages. The
second issue relates to the road problems that the residents are requesting assistance from the City in
addressing.
Ahrens displayed pictures of the flooding showing the magnitude of the problems. Ahrens stated there
are approximately six or eight back yards that used to have nice green grass but are now flooded. Ahrens
indicated the residents had to construct berms around the back of two homes because the lake was coming
up very close to the homes and pumps have been running 24/7 for quite a while now.
Ahrens noted in addition to the twenty residences on Baldur Park Road, there are eleven more on Birch
Lane which connects to Baldur Park. The Birch Lane residents have to go in and out of Baldur Park
Road. The length of the road is approximately 1,100 feet and a maximum of 20 feet wide. Ahrens stated
the asphalt has been deteriorating for a number of years and there are large potholes everywhere. Due to
being located on a peninsula, the soil in the area becomes very wet and spongy which causes the road to
settle and result in speed bumps near the culverts. Ahrens stated the flooding covered up approximately
450 feet of the roadway and was six to eight inches deep.
Ahrens displayed pictures of the flooded roadway and the flooded yards as well as pictures depicting the
deteriorated condition of the roadway. Ahrens noted the City came out and helped construct the berms
along the roadside and in front of some of the garages. Ahrens pointed out the berm had to wrap around
one garage on the south side of the road.
Ahrens displayed a picture of Birch Lane and noted that roadway was reconstructed in 2012 with concrete
curbs.
Ahrens stated the City could authorize the City Engineer to move forward with plans and specs, go out for
bids in 2014, and perhaps find a way to budget money to begin construction as soon as possible. Ahrens
stated he would also like to mention the truck weight limit and that there have been a number of big
trucks coming in and out on Baldur Park Road in relation to a house that has been under construction for
the past three years. Ahrens indicated the large trucks cannot turn around due to the narrowness of the
road and that at times they attempt to maneuver into someone’s driveway or back down the roadway.
Ahrens stated he would recommend posting weight limits on an annual basis as well as limiting the length
of the vehicle or the number of axles on a truck. Ahrens stated most contracting companies do have small
trucks that could be used.
Ahrens stated the house two doors down from him poured concrete last year and he was told the concrete
truck weighs at least 70,000 pounds, with one yard of concrete weighing 4,000 pounds. Ahrens stated he
would like the City to consider limiting the weight of the vehicles on the roadway now to avoid the road
getting further ripped up. Ahrens stated curbs along the road would also help stabilize the asphalt and
make it stronger in the future.
Ahrens stated he hopes the petition inspires the City to take action in the near future to move ahead with
design, cost estimating, and construction of a new roadway.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
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Page 3 of 19
(PUBLIC COMMENTS, Continued)
Printup noted the City’s budget talks are currently underway and that the City Council will likely be
discussing Baldur Park Road at some point.
Ahrens asked if the City has ever done a design/build project.
Consulting City Engineer Martini stated the water tower was the closest thing that was done.
Ahrens stated the City could require a guaranteed maximum price and a guaranteed completion date and
that it has been done in many places.
Dennis Walsh, 1354 Rest Point Circle, stated he is here tonight because he is a little perplexed about the
police addition, the rush to do the project, and the amount of money the project would cost. Walsh noted
the Laker and Pioneer newspapers talked about the second drawings being completed and how it was
discovered that the amount of work was underestimated resulting in a number of items being removed
from the project. Walsh noted he appeared before the City Council approximately a month ago and
pointed out that there has been no citizen input on the project and no transparency. Walsh stated the City
is now faced with a project that will be substandard and that items will likely be added at some point in
the future at additional cost.
Walsh stated he pointed out to the City Council a month ago that the savings they were talking were
going to pay general obligation interest payments and not debt. The police project adds more debt since
the City used the actual savings to make interest payments. Walsh stated that is not the kind of financial
planning that he wants for his retirement.
Walsh noted a number of the current Council members ran on transparency and that now it seems like
those Council members have become what they ran against. Walsh stated the police project has now
become a debacle since the City Council could not wait to get the project priced correctly and obtain
public input prior to approving the project. Walsh stated he sees this as a failure of leadership by the
entire City Council.
Walsh stated there has also been a failure by the City to enforce its codes, which has led directly to
hundreds of thousands of dollars that have been spent by residents of Orono on lawsuits against their
neighbors because the City does not enforce its code appropriately. Walsh stated that sends a message that
anyone can come in, do whatever they want, and then drag it out. Walsh stated that would then result in
those neighbors having to file lawsuits.
Walsh stated the last debacle he would like to talk about is the failure of the City in dealing with the
lawsuits the City has. Walsh stated the newspapers show that the lawsuits have been going on for years
and years with the City Council being on board with the direction being given by the City Attorney
concerning the enforcement and the lawsuits. Walsh stated the citizens of those neighborhoods bear the
brunt of those issues.
Walsh stated the one hope he still has is that there is an election in four months and that in his view there
will be some crystal clear alternatives to what is on the City Council today so the residents can have true
transparency and open government for the citizens of the great city of Orono.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
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Page 4 of 19
PLANNING DEPARTMENT REPORT
4. #14-3673 JUSTIN McCOY ON BEHALF OF ORONO PUBLIC SCHOOLS – 685, 765, 795
AND 800 OLD CRYSTAL BAY ROAD NORTH – VARIANCES AND CONDITIONAL USE
PERMIT FOR MONUMENT SIGNS – RESOLUTION NO. 6419
Curtis stated the applicant is proposing to install a total of four monument signs identifying each of the
Orono School properties along Old Crystal Bay Road North. Each of the signs will be four feet wide and
eight feet tall and will be constructed of an aluminum cabinet. The signs are not proposed to have internal
illumination and will be set back ten feet from the street property.
The following variances are being requested:
1. Allowance to construct four monument signs with approximately 14 square feet of sign copy area
each along the roadway where one 12 square foot sign per use is permitted;
2. Approval of the aluminum material for the sign base where materials similar in appearance to the
principal structure consisting of brick, stucco, natural stone or other durable materials should be
used.
Curtis noted a conditional use permit is necessary for school uses within the RR-1B zoning district.
Curtis stated the Planning Commission at its June meeting voted 6 to 0 on a motion to recommend
approval granting a sign variance and a conditional use permit to install four signs according to the
submitted sign plan, with the recommendation that the City Council waive the application fee.
Curtis noted that Staff recommends approval of the variances for material size and the number of signs
per use as well as the conditional use permit to install the signs according to the general site plan
provided. Building permits will be required prior to the installation of the signage.
Curtis noted the City Council should consider adopting or amending the approval resolution. Council
should consider directing Staff regarding the fee waiver suggested by the Planning Commission.
Anderson asked why the fee is being recommended to be waived.
Bremer noted she was in attendance at the Planning Commission meeting and that it was not a request
that the school district made but that it was more something the Planning Commission felt would be
appropriate due to the public nature of the entity. Bremer stated there was not a lot of discussion about it
but it was per the motion.
Printup stated that was the only question he had on the application and that he is not inclined to waive the
fee.
Anderson stated it was not requested of the City and that she does not feel it is necessarily warranted.
Levang stated in her view the fee should not be waived. Levang stated one of the issues that had been
raised at the Planning Commission was the frost and how that could heave the sign.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
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Page 5 of 19
(4. #14-3673 JUSTIN McCOY ON BEHALF OF ORONO PUBLIC SCHOOLS – 685, 765, 795
AND 800 OLD CRYSTAL BAY ROAD NORTH – VARIANCES AND CONDITIONAL USE PERMIT
FOR MONUMENT SIGNS – RESOLUTION NO. 6419, Continued)
McCoy stated he did speak with the sign company regarding that. McCoy stated installing these types of
signs is something they do for a living and that they did not see any major concern with the one post sign.
McCoy stated it was their feeling the sign should not heave.
Anderson stated she is thankful for the additional signage for visitors and people unfamiliar with the
school campuses.
McCoy stated it is the School District’s plan to phase in smaller signs after the larger signs are installed in
an attempt to help people find their destination a little quicker.
Levang moved, Anderson seconded, to adopt RESOLUTION NO. 6419, a Resolution Granting
Variances from Sections 78-1466 and 78-1467, and a Conditional Use Permit Pursuant to Section
78-418, for the Orono Public School District, 685 Old Crystal Bay Road North. VOTE: Ayes 4,
Nays 0.
5. #13-3631 TODD HOLMERS ON BEHALF OF LANDSOURCE, LLC, 3700 NORTHERN
AVENUE – VACATE EASEMENT – FINAL PLAT DOCUMENTS REVIEW – RESOLUTION
NO. 6420
Gaffron stated there is an easement granted incorrectly over the property, specifically the area that was
vacated or created as Northern Avenue in the plat. During the review of the application, it was noted that
the two easements granted to the City in 1982 for construction of City utilities to serve the Northern
Avenue neighborhood had a faulty legal description. That easement was originally vacated in 1912. Part
of that property was re-platted or subdivided as an RLS in the 1950s but the legal descriptions were never
revised to include the vacated right-of-way.
What exists now is a proposed dedication of 30 feet of roadway for Northern Avenue that is actually in
the location of Northern Avenue and an easement that was granted in 1982, which was incorrectly
described in 1982 and did not reflect the fact that Northern Avenue had been vacated. Consequently that
utility easement runs right through the proposed home locations. The applicants are requesting that the
easement be vacated and Staff is recommending that it be vacated.
Gaffron stated also before the Council tonight are the final plat documents, including the developer’s
agreement and conservation and wetland easements as well as a declaration relating to the maintenance of
stormwater ponds and a general drainage and utilities easement.
Gaffron noted the proposed homes on Lots 1, 2, and 3 are the exact proposed footprints for which
building plans have been submitted in preparation for permits. These three homes are slightly smaller in
footprint than the conceptual footprints still shown for Lots 4, 5, and 6. The applicant is proposing to do
the grading for stormwater ponding in two phases, beginning with the westerly three lots and west
detention pond, followed by the east three homes and easterly detention pond. Each half of the property
drains to the pond and then off to the wetland. Gaffron noted one house will have less back yard because
it will have a pond 20 to 30 feet from its back yard.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
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Page 6 of 19
(5. #13-3631 TODD HOLMERS ON BEHALF OF LANDSOURCE, LLC, 3700 NORTHERN
AVENUE – VACATE EASEMENT – FINAL PLAT DOCUMENTS REVIEW – RESOLUTION NO.
6420, Continued)
Gaffron stated in addition, more trees will be removed than what was originally proposed to
accommodate homes, driveways, and site grading. Gaffron stated a tree replacement plan has not been
provided at this time.
Staff recommends adoption of the resolution vacating the 1982 easement. The Council should review the
final plat drawings and revisions that have been submitted since the preliminary plat and advise Staff and
applicant of any concerns. Gaffron stated a resolution for final plat approval will be brought forward at
the July 28 City Council meeting.
Levang noted on Page 2 of the resolution Staff points out that the functional rear lot area within Lot 6
decreases significantly. Levang asked what that decrease is related to.
Gaffron stated that is the area where the stormwater pond will now be located, which results in Lot 6
having a smaller back yard from what was originally proposed and will be similar to Lots 3, 4, and 5.
Levang asked how many feet there will be to the buffer.
Gaffron noted it will not be a wetland buffer since it is a retention pond but that there will be a setback of
20 to 30 feet.
Anderson asked if the City has some sort of trigger or follow-up to ensure that area remains the way it is
now proposed.
Gaffron stated once the plans are approved, that is the way the homes will need to be constructed.
Levang asked if that would change the calculation for the amount of dry land in that area.
Gaffron indicated it does change the amount of dry lot for Lot 6 and potentially Lot 5 but that he has not
done that calculation.
Levang stated she would like to see what that calculation is. Levang stated Page 2 also notes that the
planting plan, which is Exhibit D3, shows that significant trees will be removed but does not provide a
replacement plan. Levang asked when that plan will be available for the City Council to review.
Gaffron stated the applicant will need to address that. Gaffron displayed the current plan showing the
trees that will be removed. Gaffron stated the initial hope was that some of the vegetation would be
retained in the front but at this point the expectation is that the majority of that vegetation will not be
saved as a result of the construction process. Because of that removal, the applicant has agreed that he
will provide a planting plan that provides some buffering in that area but Staff has not seen that plan as of
yet.
Levang asked if the original plans included a designation that a certain stand of trees had to remain along
the corridor.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
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Page 7 of 19
(5. #13-3631 TODD HOLMERS ON BEHALF OF LANDSOURCE, LLC, 3700 NORTHERN
AVENUE – VACATE EASEMENT – FINAL PLAT DOCUMENTS REVIEW – RESOLUTION NO.
6420, Continued)
Gaffron stated that was located in the easterly portion of the site and will now be removed. Gaffron stated
the buckthorn and brush will also be removed in addition to the trees. There is a small group of trees that
will not be removed but the majority of the trees will be removed.
Levang asked if the original plan was to retain more of the trees than what is now being proposed.
Gaffron stated the conservation design people suggested that the vegetation on the east side of the
property be removed since it consists largely of buckthorn and brush. The location of the driveway for
Lot 6 is also requiring removal of a number of trees.
Anderson asked where the driveway will be located on Lot 6.
Gaffron illustrated the location of the driveway. Gaffron stated due to the proposed grading, a number of
other trees will also need to be removed.
Levang asked if that changes the status of the preliminary plat since it is different from what was
originally agreed to.
Gaffron stated retention of those trees was called out in the preliminary plat and the easements for
protection of wetlands, Item C, talks about maintenance of certain items but those trees are not specified
in that section. Gaffron indicated the conservation design documents may contain it.
Levang stated on Page 8, Item 2 says the developer shall implement and adhere to the provisions of the
conservation design master plan prepared by Arrowhead Environmental Consulting dated August 20,
2013. Levang asked what happens if there is a change to the master plan.
Gaffron stated the conservation master plan contains some recommendations and the intent of the Council
was to have the developer adhere to the master plan.
Levang stated she would like the City Council to consider re-approving the preliminary plat and taking
another look at that since there have been some changes made.
Acting Mayor Printup opened the public hearing at 7:33 p.m.
There were no public comments regarding this application.
Acting Mayor Printup closed the public hearing at 7:33 p.m.
Printup asked if the applicant is comfortable moving ahead given the changes.
Gaffron stated it is his belief he is.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
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Page 8 of 19
(5. #13-3631 TODD HOLMERS ON BEHALF OF LANDSOURCE, LLC, 3700 NORTHERN
AVENUE – VACATE EASEMENT – FINAL PLAT DOCUMENTS REVIEW – RESOLUTION NO.
6420, Continued)
Todd Holmers, Landsource, LLC, stated he understands the concern about the removal of the trees in the
front and that they are planning on spading in some big maples and pines. Holmers indicated he does
have a landscape architect drawing up a new landscaping plan for the front and the rear of the homes but
that it is not completed yet.
Anderson stated she would like to see some sort of landscape plan prior to proceeding with the final plat
given Resolution No. 6345 and the conditions of preliminary plat approval.
Holmers stated it was his understanding the City Council was only going to act on the vacation of the
easement.
Gaffron noted this is not in front of the City Council for final plat approval but that it gives the City
Council an opportunity to review the documents and provide Staff with any direction they feel is
appropriate.
Holmers stated the landscape plan will be submitted to Staff sometime this week.
Levang asked where the construction vehicles will be parking since the roadway is not very wide.
Levang noted Northern Avenue is shared with Spring Park and that she does not want to hear any
complaints from Spring Park residents about parking or debris on the roadway. Levang stated everybody
needs to be good citizens and good neighbor and noted that this developer has had issues on other
properties.
Mattick stated the City has the opportunity within the development contract to talk about routing of
construction traffic, hours of operation, and road cleanup. Mattick stated the City’s Code regulates those
items and that they are very straight forward development terms.
Holmers stated the plan is to do the project in two phases. Lots 1, 2, and 3 will be done first, with Lots 4,
5, and 6 being left vacant, which will provide room for construction traffic.
Levang asked whether any of the properties have been sold.
Holmers indicated two out of the first three lots are sold.
Gaffron stated the permits have not been issued yet and will not be issued until the final plat has been
filed.
Levang indicated she is just attempting to get an idea of how long the construction process will be going
on.
Holmers stated all three lots will be constructed at the same time and should be close to being finished by
the end of the year.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
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Page 9 of 19
(5. #13-3631 TODD HOLMERS ON BEHALF OF LANDSOURCE, LLC, 3700 NORTHERN
AVENUE – VACATE EASEMENT – FINAL PLAT DOCUMENTS REVIEW – RESOLUTION NO.
6420, Continued)
Printup stated perhaps Staff could highlight some of the past concerns they have encountered with this
developer if they are related to this project in some way.
Mattick stated if Staff feels there are ongoing concerns, those will be highlighted, but that it is his
understanding those concerns related to erosion. Mattick noted if Staff is required to clean up debris on
the roadway, the developer will be billed for that.
Bremer stated in her view the development contract appears to address most of the issues raised so far.
Mattick stated the City has dealt with these types of issues in the past and that the language in the
development contract is fairly standard.
Bremer moved, Anderson seconded, to adopt RESOLUTION NO. 6420, a Resolution Vacating the
Utility Easements Granted Within Hennepin County Documents No. 1488546 and No. 4749663, for
the Property Located at 3700 Northern Avenue. VOTE: Ayes 4, Nays 0.
6. #14-3672 REVOLUTION DESIGN AND BUILD ON BEHALF OF MELODEE AND
KELLY MARX – 3135 NORTH SHORE DRIVE – VARIANCE – RESOLUTION NO. 6421
Curtis stated the applicant is requesting a variance to allow construction of a second-story addition over a
portion of the existing home and an attic area above the garage within 75 feet of the ordinary high water
level of Lake Minnetonka. The home is located approximately 50 feet from the lagoon and is considered
a legal nonconforming structure with respect to the lake setback. The home is located over 200 feet from
the main portion of the lake.
Curtis stated the Planning Commission at its June meeting voted 6 to 0 to recommend approval of the
variance.
Curtis noted that the Planning Staff recommends approval of a setback variance to permit construction of
a second story over a portion of the existing home and attic over the garage within 75 feet of the lagoon.
Curtis noted the City Council should hold the public hearing portion of the application. The original
published legal notice incorrectly listed the requested variances as “average lakeshore setback and rear
setback variances.” The only variance required is a lake setback variance as the existing home is located
50.9 feet from the lake where a 75-foot setback is required. A corrected legal notice was published
allowing for a public hearing to be held at the July 14 City Council meeting.
Acting Mayor Printup opened the public hearing at 7:41 p.m.
Rich Anderson, 3205 Crystal Bay Road, stated over the years since the Marxs have moved into the
neighborhood, they have maintained the lagoon and have taken the weeds out of there and kept it clean.
Anderson stated in his view the lagoon has basically been a skimming pond but that it has changed
considerably since the Marxs have moved in.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
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Page 10 of 19
(6. #14-3672 REVOLUTION DESIGN AND BUILD ON BEHALF OF MELODEE AND KELLY
MARX – 3135 NORTH SHORE DRIVE – VARIANCE – RESOLUTION NO. 6421, Continued)
Acting Mayor Printup closed the public hearing at 7:42 p.m.
Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6421, a Resolution Granting a
Variance to Municipal Zoning Code Sections 78-1279, for the property located at 3135 North Shore
Drive. VOTE: Ayes 4, Nays 0.
7. #14-3674 LORI GHERARDI ON BEHALF OF WOLVERTON PLACE, LLC – 4570
WOLVERTON PLACE – CONSERVATION EASEMENT VACATION
Curtis stated the applicant is the developer who subdivided the original 10 plus acre property into two 5-
acre parcels. In April of 2013, the eastern property at 4550 Wolverton Place was sold to new owners. In
April of 2014, the new owners of 4550 Wolverton Place questioned the purpose and viability of the
conservation easement and specifically claimed they had not been provided proper notification of the
easement’s existence when they closed on the property. At that time the City Council vacated the
easement over the 4550 Wolverton property. At the present time the property owners of 4570 are
requesting a similar vacation for the easement located over their property.
Curtis stated the Planning Commission voted 6 to 0 to recommend approval of the easement vacation at
its June meeting.
Curtis noted that staff recommends approval of the conservation easement vacation. As outlined in the
information packet, the applicant received a monetary benefit as a result of the initial granting of the
conservation easement with the subdivision. It is Staff’s position that if the easement is to be vacated, it
may be appropriate for the applicant to pay back a portion of the credit. Curtis stated if the City Council
agrees, the fee reimbursement analysis has been provided in the Council’s packet as Exhibit C.
Curtis noted that the City Council should direct Staff to draft a resolution reflecting the Council decision
regarding the vacation request.
Printup asked why the City would not want to vacate the easement.
Curtis stated if there is a public benefit to the easement, such as stormwater benefits, the City probably
would not want to vacate the easement.
Mattick stated the original idea behind the easements is that the easements would match up with each
other and provide continuity on what was being preserved. Mattick noted the easement on 4750
Wolverton has already been vacated and that it may be appropriate to vacate this easement as well.
Mattick noted the easement area is more of an open space and is not a true functional utility easement. At
the time of the original approval, the applicant did receive a financial benefit for granting the easement to
the City.
Printup stated in his view the vacation is appropriate and that he is in agreement with the fee analysis.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
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Page 11 of 19
(7. #14-3674 LORI GHERARDI ON BEHALF OF WOLVERTON PLACE, LLC – 4570
WOLVERTON PLACE – CONSERVATION EASEMENT VACATION, Continued)
Levang indicated she also is in agreement with the vacation of the easement and the recovery of the fee as
outlined in Staff’s report.
Mattick asked if a public hearing has been held on this matter.
Curtis indicated the public hearing was held at the Planning Commission meeting.
Revis Stephenson, 1850 Fox Ridge Road, stated he is the owner of the property. Stephenson stated there
was no discussion at the Planning Commission regarding the fee reimbursement so he had no opportunity
to address it.
Stephenson stated the original resolution the City approved when they vacated a portion of the easement
says that the portion of the grassland affecting the subject property is no longer needed for public purpose
and, whereas, the Council has determined that it is in the public interest to vacate the conservation
easement as it affects the subject property. Stephenson noted there was no mention of any fee previously
and that he is confused why his piece should be subject to it when the other piece was not.
Stephenson asked if the fee is always proportionate to the amount of property subject to the easement.
Curtis indicated the fee is determined based on the amount of land being developed. Curtis stated the
credit is given up to 50 percent based on the amount of land granted in the easement.
Stephenson asked how the Pine View development worked.
Curtis indicated that property is not in the five-acre zone. Curtis stated the credit is only available in the
5-acre zoning district.
Stephenson asked if it is in the 5-acre zone, whether it is always as a percentage of the amount of land that
is in the easement.
Gaffron stated the area put into a conservation easement allows the owner the ability to have a credit
against the stormwater fee. City Code allows up to 50 percent credit, which is based on a percentage of
the total property area that is put into easement. Gaffron stated if 40 percent of the total property is put
into an easement, the property owner would receive a 40 percent credit. Gaffron stated the idea is that
since areas are being preserved to treat or manage stormwater coming off the property, that the property
owner should receive a credit for that.
Stephenson asked if it is always done that way.
Gaffron stated it has been done that way because it is in a 5-acre zoning district.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 12 of 19
(7. #14-3674 LORI GHERARDI ON BEHALF OF WOLVERTON PLACE, LLC – 4570
WOLVERTON PLACE – CONSERVATION EASEMENT VACATION, Continued)
Stephenson stated he is having trouble understanding the fee reimbursement analysis. Stephenson stated
there was $26,868 total available and that he did receive a discount of $13,433. Stephenson stated if the
City had chosen to recover against the other property, $10,478 should be attributable to the east lot.
Stephenson stated if the City receives the amount that is being recommended, they would actually receive
more than the total amount that was paid, and that he does not understand why it would not be the
$13,433 minus the $10,478 that is attributable to the east lot, which comes out to $29,055.
Gaffron stated the original fee based on the entire subdivision prior to any credit would have been
$26,866. The property owners received a 50 percent credit, which dropped it to $15,433. Gaffron stated
after the Wilcox vacation, only 2.43 acres of the 10 acres were still encumbered by the conservation
easement. Gaffron stated had that easement on the east lot never existed. The final fee would have been
reduced by only 24 percent on the total of $26, 866. Gaffron stated the easement, however, was granted
over the east property and the additional proposed vacation of 1.33 acres of grassland south in the west lot
leaves 1.10 acres in conservation easements for the whole subdivision.
Stephenson noted most of the land is on his lot.
Gaffron stated 1.10 acres is to remain in a conservation easement at the end of this application. The
original stormwater fee would have been reduced by 11 percent and the final fee would have been
approximately $23,911. Gaffron stated the difference between the stormwater trunk fee paid by the
applicants based on the credit and the amount that would have been paid based on an 11 percent credit is
$10,478. Gaffron stated the City chose not to recover the portion attributable to the east lot.
Bremer asked if that was because it was a different owner.
Gaffron stated it was a different owner and a different situation. Gaffron stated the east lot share was 54
percent of the $10,478. The west lot’s share of that would be 46 percent. Gaffron stated the City chose
not to recover the fee on the east lot but that they are recommending that it be recovered for the west lot.
Stephenson stated he has a problem with the 54 percent and the 46 percent since it does not take into
account how much land is being vacated and that essentially he is subsidizing part of the vacation on the
east lot. Stephenson stated Staff is assuming that they are also vacating the other easements in a pro rata
share in the same amount. Stephenson noted there are other easements on his property and most of those
easements will remain. Stephenson stated they are still giving the benefit of those easements to the City.
Stephenson stated when you take the individual property given back, there is a higher amount attributable
to the east lot, and that all of the easements have not been vacated in a pro rata basis. Stephenson stated
what was vacated by the east lot works out to the $10,478, which is the vast majority of what was under
easement on the property. Stephenson stated if that amount is subtracted from the discount; that is the
amount he is asking the City to vacate, which works out to $2,955. Stephenson stated the pro rata does
not work because they were not vacated on a pro rate basis and not all easements were vacated.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 13 of 19
(7. #14-3674 LORI GHERARDI ON BEHALF OF WOLVERTON PLACE, LLC – 4570
WOLVERTON PLACE – CONSERVATION EASEMENT VACATION, Continued)
Gaffron stated when the area still in easement is added up within Mr. Stephenson’s property as well as the
area of easement that was already vacated, virtually all of the easement was vacated on the easterly
property. Gaffron stated the portion of the easement that remains on this property is 46 percent of all the
easements that were granted in total. Gaffron stated the share of the property to the east is 54 percent.
Stephenson stated if that was true, he would come up with $2,955. Stephenson stated the City cannot say
that the amount being vacated is $10,478 and that they should not be reimbursed more than what was
paid.
Gaffron indicated he is not following his logic and that he will need to provide his calculation on paper.
Stephenson stated if there was no discount, he would have paid $26,866.
Gaffron stated if there was no discount, the entire subdivision would have paid $26,866.
Stephenson stated he did pay $13,433.
Gaffron stated he paid 50 percent of $26,866, which was $13,433.
Stephenson asked what the number would be if you take the $10,478 from the Wilcoxes, add the $13,433
that he paid, and then add the $4,820 which he is being asked to reimburse.
Gaffron indicated that number would be $28,731.
Stephenson stated the amount should be $26,866 and that the City will be collecting more by getting back
the amount that they want reimbursed.
Mattick stated the City could have collected $5,658 from the east lot.
Anderson asked if Mr. Stephenson has looked at the other side of the page.
Mattick stated Staff is saying on that page that the east lot is responsible for $5,658 and that the west lot is
responsible for $4,820 of the $10,478.
Stephenson stated it also states that the City chose not to recover the portion for the east lot. Stephenson
stated he did read it wrong and that he apologizes.
Stephenson asked what will happen tonight.
Curtis stated the Council is being asked to direct Staff to draft a resolution vacating the easement and then
addressing the fee.
Stephenson asked if he would have another opportunity to come back to the Council if he has any
additional questions.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 14 of 19
(7. #14-3674 LORI GHERARDI ON BEHALF OF WOLVERTON PLACE, LLC – 4570
WOLVERTON PLACE – CONSERVATION EASEMENT VACATION, Continued)
Curtis indicated she would forward the draft resolution to Mr. Stephenson so he can review it prior to the
next City Council meeting.
Gaffron stated he would also be happy to sit down with the applicant and work through the numbers.
Printup asked if he is okay with the vacation request.
Stephenson stated he is and that he just has a problem with the fee reimbursement.
Mattick stated the approval of the vacation should be conditioned upon the fee reimbursement.
Levang moved, Anderson seconded, Application No. 14-3674, Lori Gherardi on behalf of Waterton
Place, LLC, 4570 Wolverton Place, to direct Staff to draft a resolution approving the vacation of
the conservation easement located at 4570 Wolverton Place, subject to $4,820 being reimbursed to
the City. VOTE: Ayes 4, Nays 0.
8. JOSEPH CHURCH – 4440 FOREST LAKE LANDING – ENCROACHMENT
AGREEMENT
Curtis stated the applicant approached the City in June of 2013 with a request for permission to conduct
some maintenance improvements and minor changes to the driveway and sidewalk access to his property
which are located entirely within the City right-of-way. At that time the applicant was requesting
approval to expand the driveway and reconstruct the stairs and sidewalk that access the home. The
applicant indicated that he would be agreeable to the future removal of the deck/patio and also entering
into an encroachment agreement. The applicant was instructed to provide a plan for the desired
improvements.
Curtis stated since that time, the applicant has provided a survey for the property and has revised his
request. At the present time the applicant is not requesting approval for any expansion of hardcover but is
proposing to rebuild the stairs and sidewalk and driveway in the same footprint as existing. In addition,
he intends to re-grade the side yard so that the retaining walls on the east side of the driveway can be
removed. The lower grading would allow for two vehicles to park in the driveway and accommodate the
vehicle doors opening without actually enlarging the driveway footprint. The driveway would be
replaced in-kind.
Curtis noted the stairs, deck and retaining walls under the deck would remain at this time. The applicant
is amenable to re-evaluation and removal of the deck at a later date. However, the driveway and sidewalk
projects have a higher priority as the failing driveway, sidewalk and stairs are causing water to enter the
home.
Curtis noted that Planning Staff and the City’s Consulting Engineer, Brian Simmons, have visited the site
to review the proposed work. Technically a permit does not apply as the work will be conducted within
the City right-of-way, but an encroachment agreement, erosion control escrow and plan will be required.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 15 of 19
(8. JOSEPH CHURCH – 4440 FOREST LAKE LANDING – ENCROACHMENT
AGREEMENT, Continued)
Curtis noted that Staff is agreeable to allowing the grading, removal of the east retaining walls, the
reconstruction of the sidewalk, stairs and driveway subject to the property owner entering into an
encroachment agreement addressing all other items located within the right-of-way. The encroachment
agreement will need to be revised at the time the property owner intends to address/remove the deck and
retaining walls.
Curtis indicated that the City Council should provide direction to Staff regarding entering into an
encroachment agreement for maintenance, reconstruction and/or removal of the right-of-way
encroachments.
Curtis noted Mr. Church has removed the sidewalk to stop the water from entering his home. Curtis
displayed photos of the property. Curtis stated by removing the walls, two cars would be able to park in
the driveway and open their doors.
Anderson asked if this is an unmarked fire lane.
Curtis indicated the area is somewhat steep and would be slippery if the grass is wet. Curtis pointed out
the area in the landscaping that is open and allows pedestrian access down to the lake.
Printup asked if the flag is in the right-of-way.
Curtis pointed out the edge of the wall that surrounds the flag and that based on the survey, the flag pole
itself is not within the fire lane.
Levang asked if the area is marked at all as a fire lane.
Curtis stated there are some monuments located near the property lines.
Anderson stated the area looks very residential and that she personally would like to make the area more
accessible to the general public by marking it. Anderson stated she would be very hesitant to walk down
on what appears to be someone’s private property in order to access the fire lane.
Bremer stated this is pretty consistent with a number of the City’s other fire lanes.
Anderson stated she remembers sitting on the Park Commission when they were discussing marking
some of the fire lanes and that the discussion revolved around how marking the fire lanes could create a
problem in some situations. Anderson stated the City Council has an opportunity with this request to
more clearly mark the fire lane.
Bremer stated the City always has the right to do what they want with the fire lane and that this might be
something for the Park Commission to look at.
Printup stated removal of the wood retaining wall is a fantastic idea.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 16 of 19
(8. JOSEPH CHURCH – 4440 FOREST LAKE LANDING – ENCROACHMENT
AGREEMENT, Continued)
Mattick stated one item left out of the resolution inadvertently was the existing deck and that he would
recommend that be added to the encroachment agreement. Mattick stated he reviewed the proposed work
and not the survey.
Levang noted there are two decks.
Curtis stated the deck on the back of the house is located on their property.
Mattick stated it would be the bigger deck which is off to the left and should be included in the
encroachment agreement. Mattick stated if the City needs to ever access that area, the deck would need to
be removed.
Levang noted Staff’s report says that all of the encroachments should be addressed with the encroachment
agreement and that she would like all the encroachments clearly stated.
Curtis stated based on the survey, they could label and add the individual wall areas.
Mattick stated the survey perhaps should be referenced rather than the work plans since the work plans do
not address all of the encroaching items.
Levang asked as far as Council Member Anderson’s thoughts regarding the flag pole, whether that would
be a different issue.
Mattick stated he does not believe the pole itself is in the fire lane but that the retaining wall probably is.
Mattick noted Mr. Church could not sign off on the flag pole and retaining wall since they are located on
a different property.
Joseph Church had nothing to add to Staff’s report.
Mattick stated the resolution will come before the City Council at its next meeting
9. COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT – RESOLUTION NO.
6422
Mack stated Hennepin County has requested the City of Orono enter into a three year joint Cooperation
Agreement as a partner with Urban Hennepin County Community Development Block Grant Program.
Mack noted the City has not been an active partner as a recipient of funding for housing programs over
the past three year contract term.
It is Staff’s recommendation the City enter into the agreement in order to preserve the City’s options in
the event a need arises in the future. Mack stated future redevelopment planning efforts for the Navarre
area may be a potential consideration.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 17 of 19
(9. COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT – RESOLUTION NO.
6422, Continued)
Mack stated with the understanding that such a project might arise within the next three years that staff
would like the opportunity to learn more about the program. Mack stated if there is a project that were to
come up in the future of some magnitude, the ability to enter into a consortium gives the City other
options that might not otherwise be available.
Mack recommended the City Council adopt the resolution.
Levang asked if there is any down side to doing this. Levang noted the City has not entered into this
agreement for the past three years and asked if that was because the City did not have any projects that
they thought were applicable.
Loftus stated the City has been a partner in the past but has not recently applied for any grants.
Anderson stated it seems pretty straight forward and that it would be nice to have the opportunity to apply
for grants through this program.
Loftus stated she is not aware of any downsides and that the money goes into a consolidated pool to be
shared by the different partners.
Printup stated the grant opportunities that open up now and again for the City is a good thing to pursue.
Anderson moved, Levang seconded, to adopt RESOLUTION NO. 6422, a Resolution Authorizing
the Execution of a Joint Cooperation Agreement Between the City of Orono and Hennepin County
for Participation in the Urban Hennepin County Community Development Block Grant Program
in Fiscal Years 2015-2017. VOTE: Ayes 4, Nays 0.
PUBLIC WORKS DIRECTORS/CITY ENGINEER’S REPORT
Consulting City Engineer Martini stated a preconstruction meeting was held for the Green Trees Road
sanitary sewer project earlier today and that the plan is to start construction next week. In addition, there
will be two bid openings next week for the Rest Point Road and the sewer rehabilitation project. Those
bids will be brought before the City Council at their June 28 meeting.
Martini noted he spoke at the last meeting about the Navarre lighting project and how there will be a
delay in receiving the poles. Martini stated the original plan was that the contractor was going to start
with removal of the sidewalks and other minor items, which would leave a gap from when that work was
completed until the poles arrived. The contractor has reorganized their schedule to eliminate that gap and
delay the work on the sidewalks to correspond closer with delivery of the poles. Martini indicated that
information will be placed on the City’s website along with any new information to help the residents
keep informed on the status of the project.
Anderson asked what the anticipated completion time is.
Martini indicated it will probably be early September.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 18 of 19
(PUBLIC WORKS DIRECTORS/CITY ENGINEER’S REPORT, Continued)
Printup asked if he has been keeping busy responding to citizens concerns about water issues.
Martini stated the excess rain has pushed things to a breaking point and that he would recommend the
City take a look at some of the ongoing issues that have gotten to the breaking point with the above
average rainfall. Martini stated he will continue to discuss and assess the issues as they arise.
Printup stated he has heard a number of positive comments from the residents about the efforts being
taken by the City to help address the water issues.
*10. COUNTRY SIDE DRIVE DRAINAGE ISSUES
Levang moved, Bremer seconded, to approval the proposal from Bolton & Menk to study the
drainage issues on Countryside Drive with the not-to-exceed fee of $2,900. VOTE: Ayes 4, Nays 0.
*11. PAY REQUEST NO. 3 AND FINAL – 2013 FORCEMAIN IMPROVEMENT PROJECT
Levang moved, Bremer seconded, to approve Pay Request No. 3 and Final for the Constructor G.L.
Contracting, in the amount of $10,524.58 for the 2013 Forcemain Improvement Project. VOTE:
Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
Levang noted this weekend is the 90th anniversary of the Orono Golf Course. The golf course will be
hosting a tournament on Saturday morning as well as a barbecue and a historic presentation in celebration
of the anniversary. Levang stated the golf course is looking very good due to the efforts of the volunteers.
Levang reported radishes have been harvested from the donation garden but that the excess rain has had a
detrimental effect on the garden this year.
Anderson commented the Baldur Park neighborhood has done a good job of working together to deal
with the water issues.
Printup noted the Children of the American Revolution had a great turnout at their pancake breakfast held
at the Wayzata Depot.
Printup stated Chief Farniok and himself met in Delano today with the Highway 12 safety delegation.
Printup stated the safety delegation is rather informal at the present time but that they have held a couple
of meetings to date, with a third meeting to be scheduled. Printup indicated the delegation has been
discussing the area between the 394 expansion between Wayzata and Orono as well as the Highway 12
corridor out to Delano. Printup stated he hopes to be able to discuss this at a future work session once the
possible solutions are finalized more.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 14, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 19 of 19
CITY ADMINISTRATOR’S REPORT
Loftus reported the Fire Commission held a meeting recently and that the fire chief is currently
developing his 2015 budget.
Loftus noted it is anticipated that the Lakeview sketch plan review will be scheduled for July 28. Loftus
stated the developer has not formally started the preliminary plat process yet.
Loftus stated the Council has received a number of e-mail comments from the residents on Wolf Point
Place in Long Lake regarding the high water regulations. Loftus indicated she also received a couple of
comments by phone. The City of Long Lake has sent over a report from the DNR regarding the water
level and that it is her understanding Long Lake is looking at 2014 as a time to analyze the regulations for
the 2015 water season. Loftus stated Staff will keep that issue in mind for next year and let the City
Council know if Long Lake makes any modifications to the regulations.
*12. RETIREMENT AND RECRUITMENT
Levang moved, Bremer seconded, to accept the retirement notice of Barb Silus, to approve the
Administrative Support Assistant job description to make this a full-time position that will be filled
by Rachel Dodge once the City Clerk’s position has been filled, and to approve the City Clerk
position for advertisement. VOTE: Ayes 4, Nays 0.
*13. CLAIMS/BILLS
Levang moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
CITY ATTORNEY’S REPORT
Mattick stated he had nothing to report.
ADJOURNMENT
Printup moved, Levang seconded, to adjourn the Orono City Council meeting at 8:28 p.m. VOTE:
Ayes 4, Nays 0.
ATTEST:
______________________________________ _______________________________________
Rachel Dodge, City Clerk Aaron Printup, Acting Mayor