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Home My WebLink About08-25-2014 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 18 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, 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. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 3, 5, 6, 7, 11-16, and 18-23 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. REGULAR CITY COUNCIL MEETING OF AUGUST 11, 2014 Levang moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of August 11, 2014, as submitted. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS – KEVIN LANDGRAVER, REPRESENTATIVE Landgraver stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT *3. PLANNING COMMISSION APPOINTMENT Levang moved, Bremer seconded, to appoint Chad Olson to the position of Planning Commission Alternate Member. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 18 4. #13-3638/39 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE – LAKEVIEW EAW COMMENTS REVIEW Pat Hiller, Source Land; and Bob Kermis, NAC, were present. Kermis stated the comment period for the Lakeview EAW closed on August 6. A total of 12 comment letters were received and were comprised of a mixture of letters from various agencies and area residents. Those specific comments are provided in the cover sheet contained within the City Council’s packet. The majority of the comments are related to items that will be addressed as part of the preliminary plat or PRD application process. Kermis noted there were some comments that will require some additional information to complete the EAW and the first item is related to the avian survey. The DNR has requested some additional detail regarding the survey. Staff is working with the applicant and also discussing the issue with the DNR to clarify exactly what is needed and what will be acceptable to the DNR. Kermis noted, the second item is the archeological survey. A couple of the letters indicated that there is some incompleteness. Kermis indicated this work is underway in order to respond to the received comments. The third item related to some comments from area residents regarding the traffic study and some impacts that they felt were not sufficiently addressed. Kermis stated it is his understanding work on that item is also currently underway and is nearing completion. Kermis stated ultimately the charge of the City Council will be to determine whether or not an EIS is required for this particular project. Considering that there are some outstanding issues or additional information that has been requested, Staff is recommending that that determination not be made tonight but rather after that information is received and Staff has had an opportunity to review it. McMillan asked whether the City Council should comment on the information they have received in their packet. Kermis stated it is Staff’s recommendation to have all of the comments received so there is a complete package to bring before the City Council and then continue the matter. It is Staff’s intention to thoroughly examine the material and then provide a detailed report to the City Council. McMillan stated she is delighted to see the avian survey and that it is the first time she has seen that included in an EAW. McMillan stated one of the comments that she would like to make regarding that item is that this development has a conservation design component to it and that she would like to ensure the prospective homeowners are provided information on that to make them aware of that fact. McMillan stated the philosophy of the development that has been discussed so far are the inclusion of conservation areas, natural drainage areas, and natural wildlife corridors, and that she would like to make sure that that information is provided to the homeowners. Kermis stated he is not that familiar with Orono’s Planned Residential Development process; but assuming that it is similar to a PUD process, the City has the ability to impose any sort of conservation related standards it deems appropriate. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 18 (4. #13-3638/39 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE – LAKEVIEW EAW COMMENTS REVIEW, Continued) McMillan stated she is looking to go above and beyond what is kind of the normal standard for this development in order to keep the intent of the conservation design. McMillan noted the Metropolitan Council made a good point about septic systems and not having deep rooted plant material located on top of them. McMillan stated that type of information needs to be spelled out in writing so it can be provided to the homeowner, which will help keep the intent of the conservation design. Bremer stated she is in agreement that the City Council needs a complete EAW before the City Council determines whether an EIS is required. Bremer stated the missing pieces of information are important and that the traffic study will be critical in deciding how to proceed on the application. Bremer stated she would also like to know from Staff’s perspective whether there are any other areas that require additional study that have not already been identified. McMillan stated as it relates to the traffic study, it is important to look across the street at Minnetrista. McMillan noted Minnetrista’s Comprehensive Plan identifies areas of higher density on County Road 19 as well as an area called Urban Reserve. McMillan stated when the City reviewed their Comprehensive Plan, they had concerns about what would occur on the Minnetrista side of the road, and that Orono does not have an Urban Reserve designation in their Comprehensive Plan. McMillan stated the Urban Reserve land use designation is anticipated for a density of one unit per ten acres, with or without a PUD, and no PUD may be approved in the Urban Reserve area that reduces the ability of the City to develop the area at urban densities in the future. The City of Minnetrista will continue to monitor the development potential of all Urban Reserve areas. One area in particular that the City will monitor is the northeastern portion of the City as currently guided Urban Land Use is fully developed and transportation system modifications take place. This area may warrant re-evaluation in future planning processes. McMillan stated the area across County Road 19 is guided for a lot higher density, which will have an impact on the traffic. McMillan stated the Lakeview side of County Road 19 does not have as high of density and that the Minnetrista side of the road needs to be taken into consideration when doing the traffic study. Gaffron pointed out the Lakeview property on the overhead. McMillan stated the Letter A depicts Red Oak, which has been added into the MUSA. McMillan stated the City of Minnetrista reduced the Red Oak development from five units down to three units per acre, and that the density in the area is a long-term issue that could County Road 19 and the overall neighborhood. Kermis stated that concern can be identified in the EAW. Printup stated the higher density in nearby areas will also have an impact on water resources and wells. The EAW states that issue does not need to be studied further, which likely only relates to the Orono side and that in his opinion the area across the street should also be looked at. Printup noted the memo says that the preliminary plat will follow up on, but that it should be taken into more consideration in the EAW as well as the traffic patterns. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 18 (4. #13-3638/39 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE – LAKEVIEW EAW COMMENTS REVIEW, Continued) McMillan stated she is in agreement with Council Member Printup. McMillan stated it was her understanding the Department of Health regulated wells but that they did not comment on that in the EAW process. Gaffron stated the DNR will be involved with water volumes and that the Health Department will deal with water quality. Gaffron stated both agencies will likely have something to say about the development during the preliminary plat process but that language could be added to the EAW that would address any issues the City may have. Gaffron indicated 40 new wells on 150 acres are typical of rural Orono, but that Staff can look at it further. McMillan asked if the permitting process for the wells would be through the Department of Health. Gaffron indicated it will be. Levang stated she had a concern relating to the dumpsite that is located near the Eastman property as well as the mercury and fungicides that were used at Red Oak and likely also at Lakeview. Levang stated she would like to ensure that that has been taken into consideration and that Staff has a complete understanding of that issue. McMillan opened the meeting up to public comment. McMillan asked when the City Council will be reviewing this again. Kermis stated there is not an exact date at this point but it will be after Staff has received the additional information. Gaffron stated the earliest would be the September 8 meeting. Brenda Johnson, 520 North Arm Drive, asked whether the traffic study is just looking at the North Arm entrance on to County Road 19. Johnson asked if the EAW is just looking at whether it is appropriate to exit off of North Arm at that area and whether the EAW can also look at exiting on Cty Rd 151. Gaffron stated the EAW is intended to be an environmental assessment and that the preliminary plat would be the more likely time that Staff will be reviewing that aspect of the development. Gaffron stated he is not sure that the environmental assessment will get into the location of the exits/entrances to the development but that the applicant has hired a traffic consultant who likely will be looking at the overall area as it relates to the traffic patterns. Mike Schulte, 4640 West Branch Road, stated the Mayor brought up some good points about the birds and the wildlife and that there are some things that really need to be studied and looked at as part of this development. Schulte stated the runoff, the dumpsite, the leaching of the chemicals, as well as the mercury and fungicides, which is being extracted over at Red Oak, needs to be closely looked at. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 18 (4. #13-3638/39 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE – LAKEVIEW EAW COMMENTS REVIEW, Continued) Schulte stated this development encompasses a large area and that there are other new developments in the area that are being done as well, which will have impacts on the area’s overall drainage. Schulte stated there are also issues with the drain tile and water that is draining to places where it is not naturally supposed to go. Schulte stated the City needs to look very closely at those issues as well as the septic systems that will be created as part of this development. Schulte stated future traffic also needs to be considered and that this is the beginning phase of new development from County Rd 151 out to 394. Schulte stated he would like to see more discussion about water mitigation and holding ponds to lessen the impact on Lake Minnetonka. McMillan stated she is hoping the development will lead to an improvement of the area given the conservation design requirement and other steps that will be taken to deal with the runoff and the traffic issues. McMillan noted the Minnehaha Creek Watershed District did not comment on the EAW and asked whether they have been involved at all with the development up to this point. Gaffron indicated the developer has been working with the Watershed District and that once the preliminary plat process begins, they will become more involved with the application. McMillan asked if the EAW is approved prior to the preliminary plat. Gaffron stated the two items are somewhat parallel and that the developer hopes to appear before the Planning Commission at their September meeting. Gaffron stated until the additional information is received, further action on the EAW will not be taken. Gaffron noted a Comprehensive Plan Amendment also needs to be done as well as archeological study. Martini stated the City Council should also be mindful that there are a lot of rules and state laws that are already in place and the assumption is that those will be followed. Martini stated while the EAW does not specifically list all of those rules and regulations, the developer will be required to comply with those. McMillan noted the City’s listserv will be updated as the application progresses. The City Council took no formal action on this item. *5. #11-3520 CHRISTIAN AND BETH JOHNSON, 1370 BALDUR PARK ROAD – VARIANCE RENEWAL – RESOLUTION NO. 6431 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6431, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1288 for the property located at 1370 Baldur Park Road. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 18 *6. #13-3589 PINE CORNER PROPERTIES/JEM TECHNICAL, 45 OLD CRYSTAL BAY ROAD NORTH – EXTEND SITE PLAN APPROVAL – RESOLUTION NO. 6432 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6432, a Resolution Granting an Extension of Site Plan and Conditional Use Permit Approvals for the Property Located at 450 Old Crystal Bay Road North Granted Via Resolution No. 6312. VOTE: Ayes 4, Nays 0. *7. #13-3645 BRIAN SUNDSTROM AND JUDY OLAUSON, 1895 CONCORDIA STREET, AND GARY AND MARTHA BRIGGS, 1905 CONCORDIA STREET – CONDITIONAL USE PERMIT AND VARIANCE – RESOLUTION NOS. 6433 & 6434 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6433, a Resolution Granting Variances from Municipal Zoning Code Sections 78-1279, 78-1288, 78-1680, and 78-1700, and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-967 and 78-1286, for the Property Located at 1905 Concordia Street; and to adopt RESOLUTION NO. 6434, a Resolution Granting Variances from Municipal Zoning Code Sections 78-1279, 78-1288, 78-1680, and 78-1700, and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-967 and 78-1286, for the Property Located at 1895 Concordia Street. VOTE: Ayes 4, Nays 0. 8. #14-3663 PAUL JOHNCOX/LAUREN PATNODE, 3596 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW, VARIANCES AND CONDITIONAL USE PERMIT FOR A RESTAURANT AND OFFICE SERVICE USE – RESOLUTION NO. 6435 Mack stated the applicant is the new owner of the building at this location and is requesting approvals of five variances for building and parking setbacks and maximum site hard cover, a conditional use permit for a Class II Restaurant 3, a conditional use permit for professional office and service use, and site plan review for redevelopment of the building at 3596 Shoreline Drive. The one-story building housed a former cabinet shop which operated for decades and is currently vacant. Also being proposed for the building is a salon on the east side, which is a permitted use and is not formally part of the variance requests. Mack indicated the project would be done in phases. Phase I involves the remodeling of the restaurant and salon, removal of the front parking area, sidewalk improvements, new canopy over sidewalks on south and west sides, painting and new exterior building accents, and a new dining patio with grass and landscaping on the east side of the front yard. Mack displayed photographs of the existing building and parking area. Mack pointed out the two access points that currently exist. Mack noted both access points will be removed and replaced with a new access point, which will greatly improve traffic flow and safety. In addition, the substandard parking lot along the south side of the building will be removed. The applicant is proposing a green space and patio area in the section of the site where the substandard parking lot is located and additional green space on the west side of the building. The current roof will be replaced with a 5-foot canopy and part of the variance request is the expansion of the canopy on the west side. Mack noted that the site is currently developed at 83 percent hardcover. The plan proposes to remove portions of hardcover in the front yard parking area along Shoreline Drive in the first phase. Mack noted MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 18 (8. #14-3663 PAUL JOHNCOX/LAUREN PATNODE, 3596 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW, VARIANCES AND CONDITIONAL USE PERMIT FOR A RESTAURANT AND OFFICE SERVICE USE – RESOLUTION NO. 6435, Continued) Staff is recommending that all the exterior building work be completed prior to occupancy of the restaurant/salon. This would result in a net increase of 852 square feet, which triggers the need for a variance. Mack noted phase II is proposed to include remodeling of the office/service space and reconstruction of the rear parking lot according to the site plan as presented. Phase II site improvements in the proposal would be initiated prior to occupancy of the office use in the north half of the building. Staff recommends approval of the five requested variances, subject to the following conditions: 1. Additional screening shall be installed along the entire east side of the property line from the building to the north property line. This shall be required upon tree removal for Phase II site improvements in accordance with the City of Orono Zoning Ordinance requirements for adjacent residential use screening. Staff is recommending that the residential area to the east be screened with a privacy fence or year-round screening of some type. Mack displayed photographs of the rear parking area and pointed out a deteriorated retaining wall and the area where screening would need to be placed. Mack noted approximately 11 trees will be removed as part of the project. 2. The retaining wall damage along the east side of the building shall be repaired or replaced and written consent shall be obtained from the adjoining property owner if any of this construction or work activity occurs upon the parcel boundary or the adjoining property. 3. Proper erosion control measures shall be installed and maintained during all construction phases in accordance to the requirements of the City of Orono and the Minnehaha Creek Watershed District. Proper permission must be obtained from the neighbor if any work is to be conducted on the neighboring property. 4. The landowner shall comply with all site improvement requirements of the City Engineer. Mack noted the findings of Staff concerning the variances are outlined in Staff’s report. Staff also recommends approval of the conditional use permit requests for a Class II restaurant and a professional office and service use, subject to the following conditions: 1. Phase I site improvements shall be completed, including removal of the existing south parking lot and driveway approaches along Shoreline Drive and the southerly most approach along Blaine Avenue prior to issuance of a Certificate of Occupancy for the Class II restaurant. 2. Phase II parking lot site improvements for the professional office and service use of this property shall be completed prior to issuance of a Certificate of Occupancy. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 18 (8. #14-3663 PAUL JOHNCOX/LAUREN PATNODE, 3596 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW, VARIANCES AND CONDITIONAL USE PERMIT FOR A RESTAURANT AND OFFICE SERVICE USE – RESOLUTION NO. 6435, Continued) 3. The landowner shall obtain and comply with all permit requirements of Hennepin County and the City of Orono for work conducted in the street right-of-way; for removal of driveway approaches and reconstruction of street curbing. 4. The landowner shall be responsible for the cost of purchasing signs from the City of Orono that would restrict parking along the west side of Blaine Avenue between Shoreline Drive and Lyric Avenue. Mack noted the City will be installing the signs once they have been purchased. 5. The proposed patio area, fencing, landscaping improvements, seating, etc., shall not be allowed to constitute a sight visibility obstruction at the intersection as determined by the City Engineer. 6. The landowner shall comply with all site improvement requirements of the City Engineer. Mack noted one letter has been received from a resident located on Lyric Avenue. The resident raised concerns about the proposal in relation to additional traffic being generated in the neighborhood. Staff concurs that additional traffic will be generated to the site but believes this concern would be addressed by the required and planned removal of driveway approaches and substandard front parking area as well as the proposed upgrades and expansion of the rear parking lot and the restriction of on-street parking for the west side of Blaine Avenue. Mack stated in his view allowing parking on both sides of the street would create a safety concern, which is the reason for restricting on-street parking. Mack noted that Staff further recommends approval of the requested site plan, subject to the following conditions: 1. Full conformity with all lighting, landscaping, signage, trash enclosure, and other applicable provisions of the City of Orono Zoning Ordinance. 2. Full conformity with all applicable state building and fire code requirements. 3. The landowner shall comply with all site improvement requirements of the City Engineer. Mack noted the Planning Commission recommended that a restriction on delivery trucks be added requiring them to only park in the rear parking lot for service to the businesses and to restrict any storage of materials in the north half of the building to be specifically associated with the office and service use. Mack noted Staff has prepared a resolution approving the commercial site plan, the five variances, and a conditional use permit for a Class II restaurant and professional office and service use. Levang stated when she looks at the diagram; it appears that people will be able to enter the patio area along Shoreline Drive. Levang asked if that area will be marked off to prevent that from occurring. Mack stated the architect has indicated that the entire area along Shoreline Drive will have a low fence with landscaping. The area will be restricted and enclosed, which will prevent people from entering the patio area from the street or sidewalk. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 18 (8. #14-3663 PAUL JOHNCOX/LAUREN PATNODE, 3596 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW, VARIANCES AND CONDITIONAL USE PERMIT FOR A RESTAURANT AND OFFICE SERVICE USE – RESOLUTION NO. 6435, Continued) McMillan asked if someone is walking from the west to enter the restaurant, whether they would have to go on Blaine to go around. Mack indicated since this is still a conceptual plan, some of those details have not been finalized at this point, but that it is his understanding from the architect they will need to go around. Eric Reiners, Architect; pointed out the end points of the fence on the overhead. Reiners stated the dotted line represents a right-of-way easement. Reiners stated it is their intent to have an opening in the fence. Levang asked whether there will be an open area near the corner. Reiners stated they intend to protect or buffer between the sidewalk and the fence with low shrubs and then open the area up for green space. McMillan asked if that area will be grass. Reiners indicated it would be grass. McMillan asked if there will be any other uses for that area. Reiners stated there will be no tables or chairs in that area but that the restaurant owner would like to utilize it in some way, such as bocce ball or lawn bowling. Reiners stated some type of protectant will need to be added to prevent balls from going out on the street. Reiners stated the current parking lot is basically worthless and dangerous, so converting that area to green space will improve that situation. Reiners noted if additional patio seating is added, it would increase the parking demands. Mack stated the proposal will substantially increase the appearance of the building. Levang asked if there is any intent to have outdoor seating. Reiners indicated outdoor seating will be limited to the patio only. McMillan asked if there will be service on the patio. Reiners stated there will be limited service, such as cleaning of tables and the general patio area. McMillan asked how wide the sidewalk will be coming down Blaine Avenue. Reiners stated it will be six feet wide. McMillan stated she likes the trees on the Blaine side, and asked whether there will be a bump-out to allow cars to park there for a limited time. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 18 (8. #14-3663 PAUL JOHNCOX/LAUREN PATNODE, 3596 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW, VARIANCES AND CONDITIONAL USE PERMIT FOR A RESTAURANT AND OFFICE SERVICE USE – RESOLUTION NO. 6435, Continued) Reiners indicated they have not discussed that but that Staff might have assumed there will be some limited parking in that area. Reiners stated that is a possibility, but that once you provide one point for someone to pull up and cross the green space or the planting area on Shoreline you will likely have to have a sidewalk along the entire length. Reiners stated they would prefer to encourage people to park in the parking lot and use the proposed sidewalk for safety reasons. McMillan asked why the project is being done in two phases. Reiners stated finances on the building owner’s part is one reason, and the second reason is that he is not prepared to occupy the other half of the building until next year. McMillan commented it appears it will be a good improvement for the area. Levang asked as it relates to the parking on the west side of Blaine, whether the building on that side of the street utilizes any street parking. Mack stated whenever he has visited the site, he has not witnessed any cars parked in that area and that the building has a substantial parking lot. Mack stated in his view the west side is the right side to restrict on-street parking. Levang stated she does not have a problem with restricting parking on that side of the street since it makes sense and that parking on both sides of the street would narrow the roadway. Levang stated her concern was that that property owner had sufficient parking, which seems to be addressed with the large parking lot. Mack stated to his knowledge that building consists of office space. Bremer asked if the resolution is the complete document covering all of the requests. Bremer noted there are some general categories in the resolution but that she was not sure whether all of the conditions were included. Mack stated all of Staff’s original recommendations plus the two additional conditions recommended by the Planning Commission are included in the resolution. Bremer stated she did not get the impression that all of the conditions were specifically outlined in the resolution. Mack stated there are a number of conditions associated with the application but that all of Staff’s recommendations have been included in the resolution. McMillan noted there are five variances being requested, and asked whether it is okay to not list the actual variances in the resolution. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 18 (8. #14-3663 PAUL JOHNCOX/LAUREN PATNODE, 3596 SHORELINE DRIVE – COMMERCIAL SITE PLAN REVIEW, VARIANCES AND CONDITIONAL USE PERMIT FOR A RESTAURANT AND OFFICE SERVICE USE – RESOLUTION NO. 6435, Continued) Mattick stated it is his preference to say which provisions of the Code are being granted variances from, but that the resolution does refer back to those components that have been outlined in previous documents. McMillan recommended that the Code provisions being granted variances be specifically identified in the resolution in the future. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6435, a Resolution Granting Variances from Municipal Zoning Code Section 78-1511, a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-644, and Site Plan Approval Pursuant to Municipal Code Section 78-143, for the property located at 3596 Shoreline Drive. VOTE: Ayes 4, Nays 0. 9. #14-3685 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP, LLC – 2350 WATERTOWN ROAD, AND XXX WILLOW DRIVE NORTH –VACATE EXISTING EASEMENT/FINAL PLAT APPROVAL: OLIVER HILL AND RPUD REZONING – RESOLUTION NO. 6436 & 6437 & ORDINANCE NO. 124 Willi Abbott, Applicant, was present. Gaffron stated the application before the City Council tonight is primarily a final plat approval resolution but that the existing easements in Lot 2 are also being vacated as a part of that resolution. Gaffron pointed out Lot 2 on the overhead. Gaffron stated Lot 2 was a platted property approximately 20 years and includes a number of easements. Gaffron indicated the utility and drainage easement for the creek do not quite match, which is the reason for vacating them. The new plat would replace those easements with easements that match the new plat. Gaffron stated the second item being requested is RPUD rezoning. Gaffron noted this development is similar to Glendale Cove and that the rezoning of this property is going hand-in-hand with the plat approval. Gaffron displayed the final plat drawing showing the creation of five lots to the north side of the private road and two lots to the south. Gaffron stated the final plat matches the preliminary plat that the Council looked at in February of this year. The applicant is proposing the private road be named Oliver Hill. In addition, the applicant has paid the required fees. The City Council is being asked tonight to approve the PUD agreement, the flowage conservation and wetland easement and covenants for the wetlands, a declaration and covenants and easements for the private road and stormwater utilities, drainage and utility easement as well as a trail easement along the westerly 10 feet of the property. Mattick stated because this is a PUD, there are a number of documents to be executed. Mattick stated the documents have been finalized, but that as part of any motion, he would ask that Staff be able to correct any non-significant changes without the need to bring it back to the City Council. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 18 (9. #14-3685 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP, LLC – 2350 WATERTOWN ROAD, AND XXX WILLOW DRIVE NORTH –VACATE EXISTING EASEMENT/FINAL PLAT APPROVAL: OLIVER HILL AND RPUD REZONING – RESOLUTION NO. 6436 & 6437 & ORDINANCE NO. 124, Continued) Mattick stated as it relates to the private road agreement; typically the City has treated it as an Outlot and required the developer to form a homeowners association to deal with that. The developer in this case is requesting that they be allowed to have each of the homeowners have a one-seventh interest in the road to avoid the need to create a homeowners association. Mattick requested Staff be allowed to amend the agreement to reflect that change. Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6436, a Resolution Vacating the Drainage Easements, Drainage and Utility Easements, and Utility Easements Within Lot 2, Block 1, Hunters Green; to adopt RESOLUTION NO. 6437, a Resolution Granting General Development Plan Approval for Planned Unit Development No. 8, the Broadway Group, LLC, and Approving the Plat of Oliver Hill; to adopt ORDINANCE NO. 124, Third Series, an Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map by Rezoning Certain Properties from RR-1B Single Family Rural Residential District to RPUD Residential Planned Unit Development District; and to approve the name of the private road as Oliver Hill, with the right of the City Attorney and Staff to amend the private road agreement as recommended and to make any non-substantive changes in the resolutions and ordinance as may be necessary without the need to bring the changes back before the City Council for approval. VOTE: Ayes 4, Nays 0. 10. #14-3687 REAL ASSETS, II, LLC, 3700 NORTHERN AVENUE – FINAL PLAT APPROVAL: NORTHERN OAKS – RESOLUTION NO. 6438 Todd Holmers, Applicant, was present. Gaffron stated the applicant is requesting final plat approval for the development located at 3700 Northern Avenue. Gaffron noted the City Council approved preliminary plat for six new residential lots on November 25, 2013. Before the City Council are a number of drawings as well as a final plat drawing. Approximately one month ago portions of an easement were vacated along Northern Avenue. In addition, the wetland area east of the major pond was delineated, which forced the stormwater ponding to be located further south on Lot 6, which is east of the other six lots. That also resulted in the preservation of trees further north and the elimination of trees further south. Gaffron stated every one of the six lots is buildable within the parameters that have been defined for this development. Staff requested the applicant provide a better landscaping plan along Northern Avenue, specifically the east end of Northern Avenue, where the conservation design report had suggested that there be some preservation. Due to the proposed grading and driveway locations, the applicant has suggested that they be allowed to submit a replacement plan, which was received by Staff late last week. Gaffron stated the applicant should define in further detail what is being proposed along Northern Avenue. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 18 (10. #14-3687 REAL ASSETS, II, LLC, 3700 NORTHERN AVENUE – FINAL PLAT APPROVAL: NORTHERN OAKS – RESOLUTION NO. 6438, Continued) Gaffron noted this is a PRD, which required a conditional use permit that was granted as part of the preliminary plat approval. Gaffron stated with the exception of the stormwater ponding, the final plat basically reflects the preliminary plat that was approved. Levang stated she would like to see the landscaping plan. Todd Holmers, Applicant, stated he marked on the plan what trees could be saved and what trees will be spaded in. As it relates to Lot 1, all of the trees are currently on the lot and will remain. On Lot 2, depending on the homeowner’s preference, a tree would be planted on the west side of the driveway as well as in the front of the yard. Holmers stated the same concept would be applied to Lots 3 and 4. On Lot 4 there are also some existing trees that likely will be able to be saved. Holmers stated on Lot 5, they will be able to save the tree in the front on the left-hand side of the driveway and then plant another tree. On Lot 6, a maple will be planted and a couple of trees will be saved in the front yard. In the back right corner of Lot 6 a tree could also be planted if the homeowner so desires. Holmers noted all of the trees that are being saved are large trees. Holmers indicated they were not able to preserve the trees in the area of the relocated rain garden but that they are now able to save the trees where the rain garden was originally proposed. Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6438, a Resolution Approving the Plat of Northern Oaks, and to authorize the Mayor and City Clerk to sign the development documents for the Plat of Northern Oaks. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT Martini reported the Navarre street light project continues to progress. Martini stated there is still not a final delivery date for the poles. Martini stated work on Rest Point Road is scheduled to start on Wednesday weather permitted. An open house was held and approximately a half dozen residents attended. McMillan asked how long they anticipate the work will take. Martini stated the work should take approximately a week. *11. GREEN TREES ROAD SANITARY SEWER EXTENSION - PAY REQUEST NO. 1 Levang moved, Bremer seconded, to approve Pay Request No. 1 for the contractor Ground Effects, in the amount of$59,648.13 for the Green Trees Road Sanitary Sewer Extension Project. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 18 *12. NAVARRE STREET LIGHT AND SIDEWALK PROJECT – PAY REQUEST NO. 1 Levang moved, Bremer seconded, to approve Pay Request No. 1 for the contractor MP Technologies in the amount of $38,630.19 for the Navarre Street Light and Sidewalk Project. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Levang reported today she delivered 90 pounds of food to We/CAN and the Gillespie Center. All total this year approximately 500 pounds of produce have been harvested. Levang stated the need that was identified four years ago still exists today. McMillan asked if they have had a good group of volunteers this year. Levang stated the group was smaller this year but that they have received some help from the Girl Scouts, which also helps the girls learn about gardening and helps to build strong relationships with the City. Printup noted the City was notified of some graffiti on a vacant building, and asked what steps the City can take to clean up something like that or prevent it from happening again. Printup noted the building is located on private property. Mack stated he has contacted the property owner to make him aware of the problem. Mack stated the property is held in consortium with his siblings and that each sibling was called and a message was left. Mack stated he could also contact the realtor attempting to sell the property. Mack stated he understands from the building official that there is also a broken window that should be repaired. Mack stated he is attempting to encourage the property owners to clean up the graffiti. Mattick stated the City does not have the authority to enter the property and clean up the building. Mattick stated he is aware that some communities have graffiti ordinances that basically require the property owner to clean up the graffiti within a certain amount of time or face some type of penalty. Mattick stated if it happens again, the City may want to consider adopting a graffiti ordinance. Levang indicated she did send an e-mail to Police Chief Farniok so he is aware of the issue. McMillan stated she would like to thank Don DeBaere and Barb Silus for their service to the City over the years. McMillan stated she would also like to thank the election judges and City Staff for their work on the recent primary election. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 18 CITY ADMINISTRATOR’S REPORT *13. RECOGNITION OF PUBLIC WORKS SUPERVISOR DON DEBAERE – RESOLUTION NO. 6429 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6429, a Resolution Recognizing Don DeBaere for his Eighteen Years of Dedicated Service to the City as Public Works Employee and Supervisor. VOTE: Ayes 4, Nays 0. *14. RECOGNITION OF CUSTOMER SERVICE ASSISTANT BARB SILUS – RESOLUTION NO. 6430 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6430, a Resolution Recognizing Barb Silus for her Twelve Years of Dedicated Service to the City as a Customer Service Assistant. VOTE: Ayes 4, Nays 0. *15. PUBLIC WORKS DIRECTOR/CITY ENGINEER Levang moved, Bremer seconded, to appoint Adam Edwards to the position of Public Works Director/City Engineer. VOTE: Ayes 4, Nays 0. *16. PUBLIC WORKS SUPERVISOR Levang moved, Bremer seconded, to appoint Tim Amundsen to the position of Public Works Supervisor. VOTE: Ayes 4, Nays 0. 17. LETTER TO MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) McMillan stated she and the City Administrator have drafted a letter to the Minnehaha Creek Watershed District regarding broadcasting their meetings. McMillan stated she has become aware that Spring Park has also sent a letter requesting the same thing, which brings the total to six. Levang stated she likes the letter but that she had a question regarding the word consider in the last sentence of the first paragraph. Levang indicated she is okay with the word consider, but asked whether a stronger word could possibly be used. McMillan indicated she is okay with the letter as it is currently worded. Levang noted Orono does not have the power to make them broadcast their meetings but that they do have the power to try to influence that. Levang stated she is fine with the letter if the rest of the Council is okay with it. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 18 (17. LETTER TO MINNEHAHA CREEK WATERSHED DISTRICT (MCWD), Continued) Levang moved, Printup seconded, to approve sending the letter as is to the Minnehaha Creek Watershed District requesting they broadcast their meetings for its constituents. VOTE: Ayes 4, Nays 0. *18. GOLF COURSE DONATIONS – RESOLUTION NO. 6439 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6439, a Resolution to Accept Golf Course Donations. VOTE: Ayes 4, Nays 0. *19. DISPOSAL OF FORFEITED VEHICLES Levang moved, Bremer seconded, to authorize the disposal of a 1999 Dodge Durango, VIN#1B4HS28Z2XF682038 and a 2005 Dodge Caravan, VIN#2D4GP24R35R111124, through the Auto Auction. VOTE: Ayes 4, Nays 0. *20. DISPOSAL OF OFFICE FURNITURE Levang moved, Bremer seconded, to approve the donation of unwanted items to other governmental agencies for department use and the destruction/recycling of nonfunctional, outdated office furniture and cubicles. VOTE: Ayes 4, Nays 0. *21. APPOINTMENT OF 2014 GENERAL ELECTION JUDGES – RESOLUTION NO. 6440 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6440, a Resolution Appointing Election Judges for the General Elections to be Held November 4, 2014. VOTE: Ayes 4, Nays 0. *22. APPOINTMENT OF 2014 GENERAL ABSENTEE BALLOT BOARD – RESOLUTION NO. 6441 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6441, a Resolution Appointing the Absentee Ballot Board for the 2014 General Election to be Held November 4, 2014. VOTE: Ayes 4, Nays 0. *23. TEMPORARY, PART-TIME ELECTION CLERK Levang moved, Bremer seconded, to approve the hiring of a temporary, part-time Ballot Clerk for no more than 40 hours per week for nine weeks at a pay rate of $9.00 per hour, effective early September through November 4, 2014, with dates subject to change. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 18 *24. LICENSES AND PERMITS GUN CLUB LICENSE 1. Park Gun Club 3660 Sixth Avenue North Orono, MN 55356 Levang moved, Bremer seconded, to approve the above-listed license. VOTE: Ayes 4, Nays 0. *25. CLAIMS/BILLS Levang moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT, CONTINUED Loftus noted the Police Commission meeting was held approximately 10 days ago and that they have updated the information for the construction project on the City’s website. Loftus stated the parking lot will be completed in two phases. The main goal at this point is to have the parking lot completed prior to the election. Loftus stated it is her understanding Orono had an 11 percent participation rate in the primary election, with the average being between 9 and 10 percent. Loftus reported the work on Starkey Road is nearing completion. New culvert, fabric, and Class 5 gravel has been installed. Loftus stated Staff is recruiting for the City Clerk position, but based on the timing of the primary election and the number of applications received, it was decided that the deadline should be extended three weeks. CITY ATTORNEY’S REPORT Mattick stated he had nothing to report. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 25, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 18 26. CLOSED MEETING {13D.05.3 (b)} for Attorney-Client Privilege (Ryan and Stacy Alness vs Orono) Bremer moved, Printup seconded, to go into closed session at 8:29 p.m. VOTE: Ayes 4, Nays 0. (The City Council went into Closed Session from 8:29 p.m. to 9:15 p.m.) ADJOURNMENT Printup moved, Levang seconded, to adjourn the Orono City Council meeting at 9:15 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _______________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor