HomeMy WebLinkAbout12-08-2014 Council Packet PUBLIC ATTENDANCE
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Agenda for Council Meeting Set for Monday, December 8, 2014, *6:30 P.M. – Early Start
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Roll Call
Oath of Office
1. Jim Cornick, Jr.
Pledge of Allegiance
Approval of Agenda
2. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine
items to be enacted upon by one motion by the City Council under this section of the agenda. Items
on the Consent Agenda are reviewed in total by the City Council and may be approved through one
motion with no further discussion by the Council. Any item may be removed by any Council
Member, staff member or person from the public for separate consideration. If you wish to remove
any item from the Consent Agenda, please state the item number and description of the
item. Memos regarding each of the Agenda items are available in the Public Packet located in the
lobby near the sign in sheet.
Approval of Minutes
3. * Council Work Session of November 24, 2014
4. * Regular Council Meeting of November 24, 2014
Presentation – 6:30 p.m.
5. 2015 Budget Hearing – (Public Input Invited)
a. Adopt Final 2014 Levy Collectible in 2015
b. Adopt Final 2015 General Fund Budget
c. Adopt the 2015 Special Revenue Funds Budgets
d. Adopt the 2015 Enterprise Funds Budgets
e. Adopt the 2015 Capital Improvement Plan (CIP)
Recognition
6. Years of Service Awards
a. Scott Boris, 20 years
b. Lyle Oman, 30 years
c. Ron Steffenhagen, 40 years
7. Special Thank you to Council Member Cynthia Bremer
8. Certificates of Appreciation for Big Island Cleanup
Planning Commission Comments – Kevin Landgraver, Representative
Public Comments – (Limit 5 Minutes Per Person)
This is an opportunity for the public to address matters not on the agenda. The council will not engage
in discussion or take action on items presented at this time. However, the council may refer issues to
staff for follow up or consideration at a future meeting. Speakers should state their name and home
address at the podium before speaking.
Agenda for Council Meeting Set for Monday, December 8, 2014, *6:30 P.M. – Early Start
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification
Planning Department Report
9. Council Liaison Calendar for Planning Commission
10. 14-3691 Source Land Capital, Lakeview Property, 405 North Arm Dr.- Preliminary Plat w/PRD
Overlay - Third Council Review
11. 14-3697 Gary & Joan Marquardt, 2617 Casco Pont Road - Variances
12. 14-3698 Sharratt Design Co., o/b/o Jay Hulbert- 3035 Casco Point Road – Variance
13. 14-3699 WJM Properties, LLC, 2605 Wayzata Blvd W – Industrial Site Plan & CUP
14. 14-3701 Charles Cudd de Novo on behalf of Robert Roden, 460 Orchard Park Road – Sketch Plan
Review
15. 14-3703 Peter Rennebohm, 4565 Bayside Road - Final Plat
Public Works Director/City Engineer’s Report
16. Green Trees Road Sanitary Sewer Extension – Pay Request No. 2 – Final
17. Navarre Street Light and Sidewalk Project - Pay Request No. 4
18. Park and Beach Maintenance Standards
19. Accept Quotation for Dump Box and Spreader Replacement for Truck #431
Mayor/Council Report
City Administrator's Report
20. Wayzata Fire Service Agreement
21. Authorization to Purchase 2015 Squad Cars
22. 2015 Non-Union Employee Compensation Adjustments
23. First Amendment to Employment Agreements
24. Proposed 2015 Official Calendar
25. 2014 Interfund Transfers
26. * Licenses & Permits
- 2015 Liquor License Renewals
27. * Claims/Bills
Upcoming Events
2014
12/24 – Holiday – Christmas Eve – Offices Closed
12/25 – Holiday – Christmas Day – Offices Closed
12/26 – Floating Holiday – Day After Christmas – Offices Closed
2015 (To Be Adopted at 12/08/14 Council Meeting)
01/01 – Holiday – New Year’s Day – Offices Closed
01/05 – Park Commission Meeting, Monday, 7:00 p.m.
01/12 – Council Meeting, Monday, 7:00 p.m.
01/19 – Holiday – Martin Luther King Jr. Day – Offices Closed
01/20 – Planning Commission Meeting, *Tuesday, 6:30 p.m. (Council Liaison – Lili McMillan)
01/26 – Council Work Session, Monday, 5:00 p.m.
01/26 – Council Meeting, Monday, 7:00 p.m.
Item #01 - CC Agenda - 12/08/2014
Oath of Office - Jim Cornick, Jr.
[Page 1 of 1]
MINUTES OF THE
ORONO CITY COUNCIL WORK SESSION
Monday, November 24, 2014
5:00 p.m.
Present: Mayor Lili McMillan, Council Members Cynthia Bremer, Lizz Levang and Aaron
Printup; representing Staff were City Administrator Jessica Loftus, Finance Director
Ron Olson, Police Chief Correy Farniok, Public Works Director – City Engineer Adam
Edwards and City Attorney Soren Mattick.
Council interviewed applicant Julie Ruegemer for the Park Commission.
Chief Farniok provided an update on several items including a donation, a possible grant
opportunity for a DUI officer.
Finance Director Ron Olson presented updated information on revenue and expenditure factors
for consideration in the 2015 budgets. He requested the Council’s input on funds for seal
coating in the public works maintenance budget, contract amendments and non‐union
employee wages. There was discussion about wages but no consensus.
Public Works Director – City Engineer Adam Edwards provided information on the winter
maintenance of Three Rivers Trails. Discussion ensued regarding a request from the City to
Three Rivers to maintain their trail. There was a consensus that Councilmember Printup would
share the request (and resident emails) with our area representative Penny Steele.
No time remained to discuss agenda item #3, marking fire lanes. The council agreed the topic should
be placed on a future work session agenda.
The meeting closed at 6:45 p.m.
ATTEST:
_________________________________ ____________________________________
Diane Tiegs, City Clerk Lili Tod McMillan, Mayor
Item #03 - CC Agenda - 12/08/2014
Approval of Council Work Session Minutes 11/24/2014
[Page 1 of 1]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 1 of 21
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMillan, Council Members Cynthia Bremer, Lizz Levang, and Aaron Printup. Representing
Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development
Director Andrew Mack, Senior Planner Michael Gaffron, City Engineer/Public Works Director Adam
Edwards, City Attorney Soren Mattick, 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
Item Nos. 6, 9, 10, 11, 12, and 13 were added to the Consent Agenda. Item No. 14 was removed from the
Consent Agenda.
Levang moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
*2. JOINT PLANNING AND CITY COUNCIL WORK SESSION OF NOVEMBER 5, 2014
Levang moved, Bremer seconded, to approve the minutes of the Joint Planning and City Council
Work Session of November 5, 2014, as submitted. VOTE: Ayes 4, Nays 0.
*3. CANVASSING BOARD MEETING OF NOVEMBER 10, 2014
Levang moved, Bremer seconded, to approve the minutes of the Orono Canvassing Board Meeting
of November 10, 2014, as submitted. VOTE: Ayes 4, Nays 0.
*4. REGULAR CITY COUNCIL MEETING OF NOVEMBER 10, 2014
Levang moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of
November 14, 2014, as submitted. VOTE: Ayes 4, Nays 0.
PUBLIC HEARING – 7:00 P.M.
5. 2015 FEE SCHEDULE – ORDINANCE NOS. 128 AND 129 (Summary Publication)
Finance Director Olson stated before the City Council tonight is the 2015 fee schedule. Olson stated the
water rates are proposed to increase by 11 percent, sewer by 4 percent, and stormwater and recycling both
by 10 percent. He noted the Council also discussed these increases in October at a work session. The
City Council had requested a public hearing be held in connection with the fee schedule. In addition, the
Council should discuss whether or not the PEG fee should be eliminated on cable subscribers’ monthly
bills.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 1 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 21
(5. 2015 FEE SCHEDULE – ORDINANCE NOS. 128 AND 129 (Summary Publication),
continued)
Olson said regarding the water increase, the base fee would increase to $34.54, which is a $3.42 increase.
For a household that uses 25,000 gallons, the quarterly increase would amount to $12.22. Olson noted
some homes will use less than that and some homes will use significantly more than that, but the
Metropolitan Council has determined that the average family uses 25,000 gallons per quarter.
Olson stated for the municipal sewer, a residential customer is charged a flat fee based on units, and 99
percent of Orono residents are only charged one unit. With a 4 percent increase, the average resident will
see an increase of $5.60 over 2014 to $130.04 in 2015. The increase in the stormwater fee would amount
to $1.58 per quarter in 2015 over 2014. The recycling fee increase would result in an additional $2.89
annually.
Olson noted the City Council has proposed the increased rates due to operating budget deficits. The
operating expenditures for the water budget in the 2015 will be operating at a $91,000 loss even with the
11 percent increase. Olson stated part of the shortfall is due to the fact that the City did not attempt to
cover depreciation in its rates. In 2009, a rate study was done and was calculated to cover 75 percent of
depreciation with the rates. Orono is now attempting to cover 100 percent of depreciation with rates.
Olson stated what that means is when the City does improvements to the water system; in theory the City
would not require special assessments.
Olson said as it relates to sewer, in 2015 a $124,000 loss is being projected even with the increase. Part
of the reason is the Metropolitan Council Environmental Services is increasing the City’s fee for I & I by
$89,000. Olson stated the City Council feels that will be a one-time charge and resulted from the very
heavy rains experienced earlier this summer and the inflow and infiltration in the City’s system. The
City Council has decided they are not going to try to adjust the City’s rates to cover that.
Olson stated for the storm sewer, the City is projecting an increase in operating profits of $89,000 as a
result of the fee increase. This fund mainly exists to pool money to pay for state and federal mandated
stormwater projects. In the future the City will need to pay for cleaning of stormwater ponds and
disposing of the sediment that is removed from the stormwater ponds. Olson noted those fees are very
expensive. According to the City’s 2009 rate study, those fees need to increase by approximately 10
percent to meet the needs in the future.
Olson said in regards to the recycling budget, the City is projecting an operating profit of $150. Olson
stated part of that is the City receives a credit on their bill for the recycled materials picked up by the
recycling company. Olson stated the bottom of the recycling market has dropped out in the past few
years and now the City’s RMO is zero. Olson stated the City now needs to offset that, especially given
the fact that this is a brand-new fund.
Council Member Printup asked the Finance Director Olson to further explain the Metropolitan Council
fees.
Olson stated when the groundwater levels are higher than the City’s pipes, any crack or gap in the pipes
leads to infiltration, which is groundwater entering the pipes through the cracks. The other part of the
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 2 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 21
(5. 2015 FEE SCHEDULE – ORDINANCE NOS. 128 AND 129 (Summary Publication),
continued)
Metropolitan Council charge is for inflow, which happens when there are flooded streets and the
manholes are under water. If the manholes are not sealed properly, stormwater can essentially run
straight into the sanitary sewer pipes, which is by the Metropolitan Council.
Olson stated the Metropolitan Council measures the City’s sewage flows for the year, and based on those
flows, they set the City’s anticipated charge for the next year. Olson stated the City’s I & I should drop
fairly substantially next summer provided the City does not experience any heavy flood events.
McMillan noted the City is also retrofitting a number of pipes as well as raising some of the manholes,
which will help reduce the City’s I & I. McMillan stated the system was installed in the 1970s and that
the City’s sewer system is expensive due to all the lift stations needed to move the sewage up and away
from the lake.
Olson stated if the City had not done some prior improvements two years ago on Highway 12, the charge
likely would have been even higher.
Mayor McMillan opened the public hearing at 7:16 p.m.
There were no public comments regarding this item.
Mayor McMillan closed the public hearing at 7:16 p.m.
McMillan asked if the Council needs to discuss anything on the PEG fees with Mediacom.
City Attorney Mattick stated he would suggest a separate motion for the PEG fees specifying when that
would become effective and that the City’s agreement does allow the City Council to decrease the fee.
City Administrator Loftus noted under the City’s agreement with Mediacom, the City Council is allowed
to decrease the PEG fee without mutual agreement but that they cannot increase it.
Levang asked if the new golf rates are included.
City Engineer/Public Works Director Edwards stated they are not included in the 2015 fee schedule.
Olson stated typically those are determined in the spring and that Staff will bring those back before the
City Council once they are determined.
Levang moved, Printup seconded, to adopt ORDINANCE NO. , 128, Third Series, An Ordinance
Adopting the 2015 Fee Schedule; ORDINANCE NO. , an Ordinance Repealing Ordinance No. 117
Third Series; and SUMMARY MOTION NO. 129, Third Series. VOTE: Ayes 4, Nays 0.
Levang moved, Bremer seconded, to remove the PEG fee for cable subscribers of $1.20 per month
beginning January 1, 2015. VOTE: Ayes 4, Nays 0.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 3 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 4 of 21
PLANNING COMMISSION COMMENTS – JOHN THIESSE, REPRESENTATIVE
Thiesse stated he had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
PLANNING DEPARTMENT REPORT
*6. #13-3639 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM
DRIVE – COMPREHENSIVE PLAN AMENDMENT FINAL ADOPTION – RESOLUTION NO.
6464
Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6464, a Resolution Enacting
Amendment #2 of the Orono 2008-2030 Community Management Plan for 405 North Arm Drive,
also known as Lakeview Golf Course. VOTE: Ayes 4, Nays 0.
7. #14-3691 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM
DRIVE – PRELIMINARY PLAT WITH PRD OVERLAY
Senior Planner Gaffron noted at their October 27 meeting, the City Council reviewed the preliminary plat
for Source Land and directed Staff to draft a preliminary plat approval resolution for consideration. That
document is attached to the Council’s packet. Gaffron stated the preliminary plat resolution is not ready
for adoption tonight but is here to generate discussion.
Gaffron said the applicants have provided a vegetation management plan and a tree removal plan. In
addition, after a discussion with the City Attorney, Staff would like the Council to talk about some issues
that need to be resolved prior to final plat approval. The Council and the developer need to understand the
long-term consequences of some of the conservation obligations and road maintenance that will apply to
this development.
Gaffron stated the Council should also discuss the park parcel which is a proposed outlot and would not
be subject to park dedication fees. Gaffron stated if in the future they plan to turn that into a building site,
it would have to be replatted into a building lot.
From Staff’s perspective, the plan has been reviewed for a number of months and the physical aspects
have matured to the point where no significant changes are expected. Staff does not expect any lots to be
eliminated or road alignments to change. The applicants have been working on finalizing some of the
septic sites and Staff believes it is generally ready for preliminary plat approval.
Pat Hiller, Source Land Capital, stated his understanding from the last meeting was to talk more about the
vegetation management plan and tree removals in the conservation areas, which Mark Simenson from
Prairie Restoration will address.
Mark Simenson stated after talking with Staff and the Council, he has divided the portions of the parcel
highlighted in red into five different areas to help identify the different areas on the site. Simenson stated
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 4 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 5 of 21
(7. #14-3691 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE –
PRELIMINARY PLAT WITH PRD OVERLAY, continued)
the other item from the last meeting focused on the trees, especially evergreens, and that he had asked the
Council whether they could look at possibly removing some of the junipers and Black Hills spruce on the
site. Simenson indicated a number of them are starting to decline in health and that they are spaced all
over the site. Simenson stated those type of trees tend to be a problem for a prairie because they are
difficult to manage and junipers are prolific seeders. Simenson stated he would like to reduce the number
of junipers to help with management costs going into the future.
Simenson indicated he visited the site approximately one week ago and went through all the areas.
Simenson stated one of the questions centers on the fact that he is proposing to take out a number of
Black Hills spruce trees and red cedars in certain areas but not from the entire site. Simenson indicated he
is attempting to be conscious of retaining some screening and that it would also be impossible to
eliminate all the different trees in the neighborhood. Simenson stated he has attempted to condense some
of the areas of the Black Hills spruce and the junipers.
Simenson noted on the west side of the parcel, there is a large number of Colorado blue spruce and the
majority of those are not proposed to be removed since they do provide some screening. Simenson stated
removal of some of the evergreens will help keep the costs down and allows the prairie to thrive better.
Simenson stated he marked 132 trees, which added a little over a 1,000 inches of tree removal. Simenson
stated even if the additional removal of trees, there will still be a tremendous amount of trees on the site
but the tree removal will help the prairie immensely.
Hiller stated Staff’s report focuses on basically five bullet points. The first bullet point deals with the
trails and their request is to create a connectively from the neighborhood into the park. Hiller stated there
would be an easement over some of the private lots that the homeowners association would maintain.
Hiller stated the trails would create an easy walking path for everyone. The plan will continue to be that
the homeowners association will be in charge of the ongoing maintenance of the prairie areas, the private
road system, and the walking trails. The association dues will need to be sufficient to address all of those
needs. Hiller stated his role as a developer is to set everything up properly and that he is not sure how to
respond to the questions about the future relating to that.
Mattick stated Staff and the Council have discussed the pros and cons of private roads in the past and that
the decision was made that this development would have a private road with the various cul-de-sacs.
There was also a question about the trails discussed with the Council. The trails will be privately owned
and maintained but open to the public, which is a nice amenity. The conservation easements will also be
under the control of the homeowners association. Mattick stated the proposal is nice in theory on all three
parts.
Mattick stated the issue is to make sure the City Council is aware that when the trails are created and the
public begins to use them, because they are open to the public, that when there are problems or
maintenance issues, that will be a homeowners association issue to deal with. In addition, when the road
starts to show wear and needs to be replaced, that will be the homeowners association. Policing the
conservation easements will also be the responsibility of the homeowners association.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 5 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 6 of 21
(7. #14-3691 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE –
PRELIMINARY PLAT WITH PRD OVERLAY, continued)
Mattick stated he can tell the Council that from a Staff level it is not uncommon to be dealing with
encroachments in the conservation easements. The Council needs to be aware that if the homeowners
association does not reserve adequate money for those three items, there will be problems. The City’s
conservation easement is very restrictive with what is allowed and that the City is asking the homeowners
association to deal with those issues. Mattick stated you typically do not see those issues for the first
generation of homeowners, but that in the years after that, it will amount to tens or hundreds of thousands
of dollars to fix the road. Mattick stated homeowners associations can sometimes become dysfunctional
and that it is a different situation when neighbors are monitoring these things rather than a governmental
agency.
Mattick stated Staff will attempt to craft the necessary language in the documents to deal with those types
of situations but that he wanted to make sure it is a very conscious decision on the part of the City
Council and developer going forward.
Hiller stated on the draft resolution for the preliminary plat approval there are a couple of fees mentioned.
Hiller stated he was expecting the park dedication fee but that he had no idea the stormwater trunk fee
would be as large as it is. Hiller stated that item was not included in their budget and they have not been
planning for it.
Hiller indicated he would like to discuss that further. Hiller stated Staff has provided him with the
original language from 2002 and the theory behind it and what the reasoning was for applying it on a per
acre basis. The basic idea behind the per-acre fee was to create infrastructure to move the stormwater
through the City.
Hiller stated to his understanding the other developments that have gone through this process prior to this
development have paid the fee. Hiller stated he would ask the City Council to consider all the restoration
to the site that they are doing. Hiller noted this site is not the typical site that has been developed in the
City previously and that massive amounts of restoration are required. Hiller noted the City has given
them some relief on the trees, but that cleanup of the greens from the fungicide is also very expensive.
Lab testing has already begun on soil samples. Hiller noted on the Red Oak Golf Course project, they
spent $260,000 on a 9-hole golf course that consisted of 21-acres.
Hiller noted the stormwater fee is approximately $545,000. Hiller stated they will need to spend more
than that to clean up the site. Hiller stated those two extraordinary costs will approach a million dollars
before anything else is done to the site and that he is asking the Council for some flexibility on the fee by
either waiving the fee or reducing it by a significant amount.
Hiller stated in the last few years the City has collected $235,000 of stormwater trunk fees, which is an
average of $78,000 of trunk fees for the entire City. At $545,000, that would be seven years’ worth of
fees that would be applied to this site. Hiller stated the magnitude of the number is a lot and that he
realizes this is a new item but that he did not catch it earlier. Hiller stated otherwise he is fine with the
document as written.
McMillan asked if the City has given stormwater credit for conservation areas in the past.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 6 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 7 of 21
(7. #14-3691 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE –
PRELIMINARY PLAT WITH PRD OVERLAY, continued)
Gaffron stated the City has not given credits for conservation areas, but that there have been two credits
given recently where someone has a 10-acre parcel with a house and they are splitting off a 2-acre lot. In
those situations the City has only charged for the new lot. The other credit area that is roughly established
in the code talks about when the development’s stormwater system has the capacity to serve a greater area
than their own development. Gaffron stated in the Stone Bay development, their holding pond was
expanded to accommodate some other areas and the developer was given a small credit toward their
stormwater fees.
Gaffron stated in this case there is some additional stormwater that comes into the site but that it is not a
huge amount. Gaffron stated perhaps some credit could be given for that. Gaffron stated he does have a
graph showing what the City has collected in fees since 2002 when the ordinance was adopted. The City
has consistently required the fee and the basis for it goes back to the late 1990s and the early 2000s when
the City looked at a dozen different properties that were ripe for development and estimated what the
stormwater needs to serve those properties would be and then established, based on that, a per acre fee for
the 2-acre zone and other zones.
Gaffron stated the intent of looking at that was that the City has infrastructure needs for stormwater that
are outside the property as well as some downstream needs for the future that will need to be paid for in
some way. The Council in 2000 thought one of the ways to help offset those costs was to implement a
stormwater trunk fee and that the fee is charged on the entire acreage and not just the dry buildable.
Gaffron stated if there is a credit for this, it should be initially based on the excess capacity they are
creating and the fact that the developer is going over the actual need in terms of stormwater management
systems on site. Gaffron stated in his view it is something the City Engineer will review and then advise
the City Council as to what those numbers mean.
Hiller stated he was trying to establish a different basis other than the engineering basis for there to be a
credit of a more substantial nature. Hiller stated it is a fairness issue and taking a global look at the
situation. Hiller stated in his view the ordinance did not contemplate this type of situation and that he is
asking the Council to consider a different justification in light of the bigger picture even if the ordinance
does not contemplate that.
McMillan stated the one thing that is different with this application is the fact that this development is
taking dry buildable land and putting it in a conservation easement on a very large scale, which likely was
not taken into consideration at the time the stormwater fee was implemented. McMillan stated Orono has
never had any development on this scale. McMillan stated she does not know what that would translate
into as far as money, but that it is a different situation from other previously approved developments.
McMillan stated the conservation land will be filtering stormwater and not adding to hardcover, etc., and
that it is worth thinking about.
Levang indicated she agrees that it is a unique situation and that she would like Staff to speak to the City
Engineer about what the true stormwater costs are in this situation and work with the developer in a fair
and equitable way.
Hiller stated he did not expect it to be resolved tonight.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 7 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 8 of 21
(7. #14-3691 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE –
PRELIMINARY PLAT WITH PRD OVERLAY, continued)
Levang stated it probably was not contemplated at the time the ordinance was drafted, and given the large
conservation area; the Council should be looking at this differently than they have in the past.
Bremer asked if there was a similar situation in Glendale Cove where they asked for a waiver of this fee.
Gaffron stated he does not recall Glendale Cove but that he has a listing of all the subdivisions that have
been created in Orono. Gaffron stated Graham Hill is probably the largest development that was subject
to this fee at 40 acres and in that case the developer paid $122,000.
McMillan asked if there were any conservation easements in that development.
Gaffron stated there were some around the perimeter but not to this magnitude. Gaffron stated he would
agree that this is a unique situation and that there is a large amount of the property that is being put into
conservation easements.
McMillan asked if the preliminary plat approval would be delayed if the City Council decided to consider
this.
Gaffron stated in his view it would not impact the preliminary plat approval. Gaffron stated on Page 5 of
8 the resolution provided it talks about a stormwater drainage trunk fee based on acreage and a dollar
amount per acre. In at least the two recent applications, the resolutions were worded essentially the same
way and the Council was able to make some revisions to that later on. Gaffron stated the other option
would be to leave it blank in the preliminary plat with the assumption that they will be responsible for
some level of trunk fee. Gaffron indicated he does not have a problem with that if the City Council does
not.
Mattick stated the way the language is written right now, the fee is based on a simple calculation based on
the City’s ordinance. Mattick stated the Council could leave it blank or leave it as it is since it is the
preliminary plat and then have the specific number in the final plat. Mattick noted the City Council is
looking at a reduction and not an addition to it. Mattick stated the fee would not even need to put in the
resolution because it is a function of what the code requires.
Gaffron stated in his view the resolution still needs some minor tweaking and he would like to bring it
back in two weeks. Gaffron noted City Planning Consultant Steve Grittman could not be here tonight due
to a family emergency and that in his view the resolution covers all the important points that have been
discussed for the past six months.
Levang asked whether the language on Page 2 in regard to Outlot I should be changed. Levang noted
currently it is excluded from the park dedication fee.
Gaffron stated normally outlots, because they are not buildable, are not assessed a park fee. Gaffron
stated the entire acreage of the plat is charged the stormwater fee. Gaffron indicated the City would
collect the park dedication fee for the outlot if it is turned into a buildable lot later on.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 8 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 9 of 21
(7. #14-3691 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE –
PRELIMINARY PLAT WITH PRD OVERLAY, continued)
Printup stated the resolution is well laid out and that he would like to leave the draft as is.
Mattick stated if there were any major items the Council would like to change, they could do that, and
that the resolution will be brought back to the first Council meeting in December.
Mayor McMillan opened the public hearing at 7:49 p.m.
Donna Hager, 4580 West Branch Road, stated she did not hear anything tonight about the septic systems
and that she still objects to the septic system being that close to her property. Hager has not heard
anything since the last meeting and she does not know if anything more has transpired.
Mack stated the soil treatment areas that are depicted by the designer provide a generalized layout of the
area but do not necessarily denote the exact area of treatment and absorption. Mack indicated the City’s
setbacks are based on absorption area and that there might be a larger area that is generally suitable for
the treatment area but may not necessarily be as big as the rectangular area that is shown on the diagrams
themselves.
Mack stated the setback requirement is from the property line adjacent to the Hager property, those
setback distances would have to be met so no soil absorption of sewage will leave the property.
Hager stated that area is all wetland.
Mack indicated it has to be set back 50 feet from any delineated wetland area.
Hager stated that is her understanding but that she does not believe that is the case. Hager stated there are
pink flags out everywhere and that some are on her property. Hager stated at the last meeting it appeared
that Rusty Olson was not aware that it was a wetland and was vague about the distances. Hager stated it
is a wetland and it has been verified as wetland.
Hager stated she already is experiencing runoff onto her property because of the fill that was brought in
during the 1980s, which created a slope down to her back yard. Hager stated the area used to be level
with the green but that it was raised approximately eight feet and created a wetland. In addition, a
number of trees were cut down and piled up before they did all that work, which compressed the ground.
Hager indicated it is not original soil.
Hager stated to her understanding the developer should not put septic systems in soil that is not original
soil. Hager stated the second component is that it is also a wetland and will create more runoff to her
property and water in the ground. Hager indicated she had three or four inches of water in her lower level
of her home and garage this summer and that if there are more heavy rains, the water will be mixed with
sewage now.
Hager stated she is concerned about her well water, her home, and the mercury on the site right behind
her house and contaminating the ground. Hager stated she read that they are going to clean it up as much
as 20 feet around the green, which brings it close to her property. Hager stated she does not want
contamination on her property.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 9 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 10 of 21
(7. #14-3691 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE –
PRELIMINARY PLAT WITH PRD OVERLAY, continued)
Hager stated the house that the septic system services is two blocks away from her house and in her view
that is not right.
McMillan stated she does not believe the developer has those specific details as to how much soil will be
removed at this point. McMillan stated a septic system and a well have to conform to the regulations or
they cannot be installed. McMillan stated the work has not started yet, and when the time comes for them
to be built, they will have to conform, which is a risk the developer has to take.
Hager asked who they can sue if some significantly disasterly things happen.
Hiller stated this site was treated like every other site on the golf course and that they performed very
detailed percolation testing.
Hager stated the testing is not accurate or complete.
Hiller stated every site was tested and the septic engineer at Bolton & Menk is going through the detailed
analysis with Rusty Olson. Hiller stated the findings have been thoroughly reviewed and in Rusty’s
professional opinion these sites perc and they are perfectly adequate to become septic sites. Hiller
indicated they have hired a septic designer who is recognized by the City as an expert and that the City’s
engineers have looked at them. Hiller indicated he is not a septic expert and that there are a number of
regulations they have to comply with. Hiller stated they will be complying with all these regulations and
that this lot will not be treated any differently.
Hiller stated he is not sure what Ms. Hager is referring to when she says they do not perc.
Hager stated there are several pages in the report that talk about subsurface sewage treatment systems and
mound systems. Hager stated the report in particular went through and identified things that should be
corrected, such as the loading areas which do not seem to correspond to the soil tested or the percolation
rates. In almost all cases the percolation rate was at a much higher loading rate than the soil tested and so
on. Hager stated she cannot read the whole thing but that there are pages of it.
Hiller stated what she is reading from has been submitted to the City Engineer. Hiller indicated there
always are back and forth discussions that go on during the process and it is extensive. Hiller stated the
report is the preliminary review by the engineer and Rusty Olson is going through that report. Hiller
stated before they receive final plat approval, the City Engineer will ensure that it complies with the
City’s standards.
Hager asked if they will be approving it tonight.
McMillan stated they will not be approving the final septic sites tonight.
Hager noted Rusty Olson did not realize the fill brought in was not original soil, which was a big item.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 10 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 11 of 21
(7. #14-3691 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM DRIVE –
PRELIMINARY PLAT WITH PRD OVERLAY, continued)
Mayor McMillan closed the public hearing at 8:02 p.m.
Bremer moved, Levang seconded, to table Application No. 14-3691, Source Land Capital, Lakeview
Property, 405 North Arm Drive, to the December 8, 2014, City Council meeting. VOTE: Ayes 4,
Nays 0.
8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD –
VARIANCES
Gary Marquardt, Applicant, was present.
Community Development Director Mack stated the variance before the City Council tonight is for Gary
and Joan Marquardt at 2617 Casco Point Road. The applicants are requesting side and rear setback
variances in order to allow a second story addition over a portion of the garage and an addition on the lake
side of the home for a master suite on the second floor. The request also includes structural and
hardcover variances to allow 19.5 percent structural coverage and 28.8 percent hardcover to
accommodate a new lakeside deck over a patio under a portion of the proposed deck.
Staff finds that the proposed additions and changes on the second floor may be reasonable considering the
limited impact to the adjacent properties as well as the difficulty resulting in the location of the existing
home and the lot line.
With 27 percent hardcover currently, the property exceeds the 25 percent hardcover limit permitted on a
Tier 1 property. The current hardcover level is 494 square feet over the 2001 variance approved level.
The applicants are requesting 374 additional square feet of hardcover for the deck and stair for a total of
700 feet over the 2001 approval.
Staff finds the applicants’ request to increase both structure and hardcover above the allowed and
previous variance approved levels is not reasonable. The proposed structural addition to the home for a
deck increases the existing nonconforming structure and hardcover levels on the property and is not
consistent with the spirit and intent of the zoning ordinance and may alter the essential character of the
neighborhood. Staff has not identified a practical difficulty inherent to the property which supports
granting hardcover or structural coverage variances.
The Planning Commission unanimously approved the setback variance and voted 4-1 to approve the
requested hardcover and structural coverage variances to permit construction of a lakeside deck subject to
the removal of the deck/landing and stair on the south side of the home and removal of the patio below
the deck.
Mack stated the resolution before the City Council tonight reflects the Planning Commission’s
recommendation. Staff is recommending that the Council discuss the differences about the structural
coverage versus the hardcover. The Planning Commission recommends approval of both the side setback
and structural coverage and hard cover variances allowing for the request as proposed with conditions.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 11 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 12 of 21
(8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD – VARIANCES,
continued)
The additions must conform to the standard height and massing requirements of the zoning code. Staff
however, finds no practical difficulties exist which support the hardcover or structural coverage variances.
As a result, those requested variances should be denied.
Levang asked if the little gazebo or structure in the corner of the house was counted as hardcover.
Levang stated she is not sure if there is any type of flooring there.
Mack stated he does not believe so but that the applicants could answer exactly what is underneath there.
Gary Marquardt, Applicant, stated it is a little potting area and just consists of four 8’ x 8’ posts that sit on
a concrete pad above the ground. Marquardt stated he does believe it was counted.
Mack stated it is not shown as hardcover on the survey.
Levang asked if it would be considered hardcover or structural coverage.
Bremer stated it would count as hardcover since there is a concrete pad.
Marquardt stated there is a concrete block for each post and that the area between the posts is just ground
with an open frame.
Gaffron indicated just the posts would count as hardcover.
Bremer noted the City Council considered a pergola located in Webber Hills as hardcover.
Gaffron stated that would be considered structural.
Marquardt stated they have resided in their house for approximately 30 years. The property is located at
the apex of where the shoreline curves. Marquardt stated they have a discussion every spring about where
the docks should go or they will touch at the end. Marquardt stated their lot is the lowest one along the
shoreline and very narrow. Marquardt indicated when they purchased the property, the house was already
very close to the lot line but that there is more than 20 feet between the houses.
Marquardt indicated the original house was a rambler and that they made some changes to it in 2001,
which seemed pretty adequate for them. Marquardt stated they now have eight grandchildren and that
they would like to add onto the house so their grandchildren and children can sleep on the same floor,
which is the reason for adding the bedroom upstairs. Marquardt indicated the original bedroom will be
converted to a small bedroom and bath. The added bedroom will go out the front.
Marquardt stated they do not see any issues with health and safety with the project for the general public
but that it is a personal safety issue for them with eight grandchildren. Marquardt indicated the only way
they can get from their kitchen down to the lake is go through a door and around the hill. Marquardt
indicated on the overhead the location of the door.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 12 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 13 of 21
(8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD – VARIANCES,
continued)
Marquardt indicated they have a special needs grandchild who has a lot of physical challenges and that
they would like to be able to gate him and the younger kids on the deck.
Marquardt stated the new deck would be in the area of the stone patio, which will be removed. Marquardt
stated what they are talking about is less than 300 square feet. Marquardt stated according to the survey,
their lot has shrunk by 500 square feet and the garage ended up moving a foot closer to the road.
Marquardt stated they attempted to juggle those differences when designing their project. Marquardt
stated whether they put a deck on their house or not will not impact the quality of the water but that it will
make a great deal of difference in their lives. Marquardt indicated they have invested in this community
and that all of their neighbors are in agreement.
Marquardt stated the view from the shoreline shows that they are the only house in the entire
neighborhood that does not have a deck. Marquardt stated they are requesting a deck which will be
tucked back into that corner and would not create a problem. Marquardt stated in his view the Planning
Commission gave a pretty strong recommendation and that the deck will enhance their neighborhood and
is justified.
McMillan noted she was in attendance at the Planning Commission meeting and that the Planning
Commission did struggle with the request. McMillan stated she would agree the deck would not change
the stormwater. McMillan stated it is a fairness piece, however, and that structural lot coverage is an
important regulation that Orono has. McMillan stated the question is if the City Council allows this deck,
how can they stop someone else from also going over their structural lot coverage.
McMillan noted there will be a pretty extensive deck on the second story and that it comes down to the
fairness piece as it relates to other Orono residents. McMillan noted previous Planning Commissions and
City Councils have been very consistent in enforcing the structural coverage limit and that it is
uncommon to allow a net increase when the structural coverage is already exceeding 15 percent.
McMillan noted the language in the resolution adopted in 2001 reads as follows: “The Council has in
many situations allowed a property to replace the total existing structure when remodeling, but it is
uncommon to allow a net increase when already exceeding 15 percent.” McMillan stated it is very hard
to justify going over structural lot coverage a second time when it has been spelled out in a previous
resolution. McMillan noted it would also be for a second deck.
Marquardt stated the roof on the house had to be flattened out in order to allow a view from the new
bedroom and that it is not feasible to take their grandchildren out on that deck since it is not a social
gathering place.
Levang stated she does not see a practical difficulty for the additional deck. Levang stated given the fact
that the hardcover will be over the 25 percent limit and the structural coverage currently is at 19.2 percent,
she has difficulty increasing that. Levang stated she can understand why the applicant would like to have
a deck, but without being able to prove a practical difficulty, she would have a hard time approving that.
Marquardt asked her to define a practical difficulty.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 13 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 14 of 21
(8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD – VARIANCES
continued)
Levang stated the applicant was required to fill out a practical difficulties form and that it was up to the
applicant to demonstrate that there was a practical difficulty.
Joan Marquardt stated the practical difficulty is that they want to live there and that they are getting older.
Levang stated that unfortunately does not meet the standards for a practical difficulty. Levang stated all
people would like to have something different from what they already have but that the Council needs to
follow the law.
Joan Marquardt stated the deck would allow them to get down to the ground instead of going down stairs
and coming out the side door or going around. Marquardt stated their needs have changed and that they
cannot be faulted for getting old.
Levang stated that is not the standard the Council has to look at.
Doug Marquardt stated this is a very narrow lot, so every square foot of change that happens has a larger
percentage effect than someone who has a half-acre lot.
Levang stated the deck is an add-on and that he is also asking to approve the addition on top, which also
requires variances, but the deck is not essential to the house.
Marquardt asked how big of a difference are they really talking about.
Levang stated he is talking about structural coverage at 19.2 percent when the limit is 15 percent.
Marquardt pointed out the area where the deck would be located. Marquardt asked what that difference
would be.
Levang stated she is concerned about the hardcover being at 25 percent and increasing to 27.8 percent and
increasing the structural coverage to19.2 percent.
Marquardt stated they are talking about less than 300 square feet. Marquardt asked why they have
meetings. Marquardt stated if the City Council is going to hold to the ordinances, they can just publish
the numbers in the paper and people need not apply.
McMillan noted in 2001 a structural variance was granted to attach a garage to the house, which is
something that is reasonable to a house.
Marquardt stated they had a detached garage that was located 15 feet from the road. Marquardt noted
safety was an issue then. Marquardt stated safety is an issue in this application as well. Marquardt
indicated he is a citizen of Orono and that he has lived here for 30 years. Marquardt stated he maybe has
another 20 years here and that the most important years are when the kids are little.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 14 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 15 of 21
(8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD – VARIANCES
continued)
McMillan stated everyone’s home is difficult for whatever reason in different periods of someone’s life
but that the City’s structural lot limit is very important. McMillan stated the structural coverage limit is
necessary to keep the proper sized house on a lot. At times the City Council has allowed variances to
structural coverage for people who have very tiny lots and need a garage, which is a different set of
circumstances. McMillan stated one of the factors in determining whether a variance should be granted is
whether the property can be put to a reasonable manner, which it can be in this situation without the
second deck. McMillan indicated the City Council has to apply the code as fairly as best they can.
Marquardt stated he would suggest the City Council ask themselves what is the advantage here and what
is the greater good that will happen from the decision that they make.
Printup stated he struggled with the hardcover piece the most and that he is okay with going up with the
addition. Printup noted the City went through a pretty significant review a few years back. Printup stated
in going through that process, he thought to himself that the Council has actually become more lenient on
hardcover, which he was happy with. Printup stated he always tries to be flexible, which is why in his
view it is reasonable to go upward, but that he has an issue with the deck.
Marquardt noted the deck is a couple hundred square feet.
Printup stated that is the other part of being reasonable, but being that the City’s hardcover limits have
already been relaxed, he is struggling with it.
Marquardt stated from a citizen’s standpoint the ordinances are difficult to understand. Marquardt stated
he can see when they are dealing with lots of houses and a number of acres, but that this is a small house.
Marquardt noted it is not a decision that affects any of the other Orono citizens.
Printup suggested the two requests be broken up by the City Council.
Printup moved, Levang seconded, Application No. 14-3697, Gary and Joan Marquardt, 2617 Casco
Point Road, granting of side and rear setback variances allowing the second story additions.
Bremer stated she is going to vote in support of the entire application. Bremer stated the Casco Point
neighborhood is a very unique neighborhood and that the lot is not brand new. Bremer stated the
applicants are not ripping down a perfectly good house and disrupting everything. Bremer stated it also
speaks volumes that all the neighbors are here supporting it and that they would not do that unless they
thought long and hard about the impact. Bremer stated in her view in this particular instance the equity is
on the side of granting it.
VOTE: Ayes 4, Nays 0.
Bremer moved on Application No. 14-3697, Gary and Joan Marquardt, 2617 Casco Point Road, to
approve hardcover and structural coverage variances to permit construction of a lakeside deck
consistent with the Planning Commission’s recommendation.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 15 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 16 of 21
(8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD – VARIANCES
continued)
Motion failed for lack of a second.
Printup noted there was a comment made at the Planning Commission that they did not want to try to
redesign it. Printup asked if it would be appropriate to table the application to allow the applicants to
redesign it slightly.
Marquardt asked if the size of the deck could be reduced somewhat to bring it back straight.
McMillan noted there was also talk at the Planning Commission meeting about providing access rather
than a deck, and asked if that is what the applicant would like.
Marquardt stated the stairs would need to be what they are due to the height.
Joan Marquardt pointed out they are side steps.
Levang stated the Council does realize that.
Marquardt stated if the decision is not to allow a deck, he would note that the door will stay because
otherwise they would need to go all the way to the front of the house.
Bremer asked if the applicant would like to table this portion of the application.
Marquardt asked what would happen next if it was tabled.
Printup stated the applicant appears to be suggesting that he would be willing to reduce the size of the
deck but that he does not want to put the applicant in a spot where he feels compelled to concede anything
without reviewing it closer. Printup stated he wants to be reasonable and make sure that the applicants
are comfortable with it. Printup stated the applicant could redesign it or work with Staff on it.
Marquardt indicated he would be okay with that.
Joan Marquardt asked if they can start on anything.
Mack noted the requests are one single application and that Staff is not able to authorize building permits
until all aspects of the requests are acted on. Mack stated the motion to table the application would direct
the applicants to work with Staff and re-examine the options. Mack stated the numbers would need to be
recalculated if there is redesign being considered, and once that is complete, it would be brought back to
the City Council.
Joan Marquardt asked if they would need to go back before the Planning Commission.
Bremer indicated they would not.
McMillan stated it sounds like it would be better to table the whole application.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 16 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 17 of 21
(8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD – VARIANCES
continued)
Marquardt asked what the timeline would be.
Mack stated if the City Council does table the application, Staff would likely extend the 60-day rule to
allow for an additional 60 days. Mack stated the applicants could either come back at the first meeting in
December or January.
Bremer noted there is only one City Council meeting in December.
Marquardt asked if it is possible to take the deck off of the application tonight and then start over with the
deck as a separate issue. Marquardt indicated the deck will be the last thing that will be built and that
they would like to start construction on the addition this winter.
Mattick stated they can do that. Mattick asked how long the applicants would be prohibited from
reapplying if that portion of the application is denied.
Gaffron indicated six months.
Bremer noted that would just be for the deck.
Mattick stated if the applicants are requesting approval of the side yard setback, he would recommend
withdrawal of the application as it relates to the deck rather than having it denied. Mattick stated that
would allow the applicants to reapply for the deck immediately. Mattick stated if, in fact, the variances
regarding the deck are denied, the ordinance requires the applicants to wait six months before making the
same application.
Bremer stated if the applicants proceed with the addition, they would be building something without the
deck.
Loftus stated there will be some redundancy the applicants will need to go through if they separate the
requests.
Marquardt asked what the most expeditious way to proceed would be.
Loftus stated it does not sound like it will be approved tonight.
Mattick stated if the applicants are able to redesign their plans in the next week, they would be able to be
back before the City Council on December 8.
Joan Marquardt stated she thought they had to wait six months.
Mattick stated that is only if the variance for the deck is denied. Mattick stated the most cost efficient
method is to table the application, which means there would not be an approval to grant the side yard
setback tonight. Mattick stated if they would like to redesign the deck, he would recommend the
application be tabled.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 17 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 18 of 21
(8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD – VARIANCES
continued)
Joan Marquardt stated they cannot ask the neighbors to come back again and requested the City Council
take into consideration the fact that they did appear tonight.
Printup stated he would rather table the application than have to deny the deck without giving the
applicant a chance to relook at his plans.
Marquardt stated in his view that is a good way to go and that he would like to find a way to make it
workable.
Printup moved, Levang seconded, to table Application No. 14-3697, Gary and Joan Marquardt,
2617 Casco Point Road. VOTE: Ayes 4, Nays 0.
PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT
Public Works Director/City Engineer Edwards stated recently the focus of the Public Works Department
has been to conduct snow removal and de-icing operations throughout the city. Edwards stated he is
looking at doing things a little differently this year in the way the streets are plowed. The Public Works
Department will be proactively coming out to take care of the streets. Edwards noted in the past the
Public Works Department has waited for a call from the Police Department confirming the amount of the
snowfall.
Edwards stated he is also looking at focusing the Public Works Department initial priority on the through
streets to try to keep the snow and ice pack off of those highly traveled roads.
Levang asked if they are looking at using a different salt brine mix.
Edwards stated in the past the Public Works Department has basically used the same type of mix
throughout the City consisting of 15 percent salt and 85 percent sand. Edwards stated that mixture is fine
in a really hard freeze giving traction to the top of the surface, but in order to get rid of the snow pack, the
Public Works will be using a mixture with more salt on the through roads in order to loosen the material
from the surface. Edwards indicated the Public Works Department will still stay with the higher sand
mixture on the residential streets, especially down by the lake to limit the amount of salt that ends up in
the lake and stormwater system.
*9. WINTER MAINTENANCE OF TRAILS
Levang moved, Bremer seconded, to approve Exhibit B stating that Orono will be authorizing
winter use of the regional trail along Old Crystal Bay Road from CSAH 6 to Wayzata Boulevard.
VOTE: Ayes 4, Nays 0.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 18 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 19 of 21
MAYOR/COUNCIL REPORT
Mayor McMillan stated she attended the recent fire advisory meeting and that the commission went over
this year’s and next year’s budgets. McMillan stated one of the items discussed was whether to purchase
an engine truck for $440,000, which will be discussed further once the new appointees are on the
commission.
McMillan noted the second turn back committee meeting regarding the turn back of Highway 12 was held
recently. The committee will be receiving the design plans in the near future for the first segment. The
majority of the meeting was spent talking about a pedestrian crossing and a possible bike trail behind the
Red Rooster. McMillan stated MnDot is still trying to determine how to connect the trail west of the
apartments near the Mexican restaurant.
McMillan indicated the committee will be meeting once a month for the next year or so and that there will
be an open house tentatively in February and March presenting what has been studied to date. McMillan
stated Long Lake will be reaching out to its residents earlier on in the process to make sure the residents
have ample time to comment on the plans.
Levang asked what side of the road the trail would be on near the Red Rooster.
McMillan indicated it would be between the Red Rooster and the beach. McMillan stated the trail would
eventually hook up to Martha Lane by the One-Stop Auto. McMillan stated parking will also need to be
looked at.
McMillan stated a year ago she saw that Minnetonka had put a short column in the Lakeshore Weekly
about their fees and the proposed increase. McMillan stated she felt that was a good idea for Orono and
that she was hopeful the City’s legal newspaper would be willing to put a little column in saying that
Orono would be having a meeting on November 24 to discuss utility fees. McMillan stated the paper said
the City would need to pay for a legal notice. McMillan stated the increase in fees did not require a legal
notice but the City went ahead and paid the fee. McMillan stated to her knowledge the newspaper did not
publish it.
McMillan stated two weeks later she wrote a thank you letter to the residents thanking them for their vote
and sent it to the Pioneer. McMillan stated the Pioneer has published letters similar to that in the past but
that they now have a new policy saying that candidates who wish to issue a thank to voters are not run as
letters to the editor or as news releases but can be run as advertisements if the candidate wishes.
McMillan stated she revised her letter somewhat but that it was still not allowed as a letter to the editor.
The letter was also sent to the Lakeshore Weekly and it was published today.
McMillan stated if you have to pay to get your thank you message out even when the campaign season is
over and the results are in is not what you want your community paper to be doing.
McMillan stated if a letter of gratitude or thank you is not seen to be important or worthy of publishing, it
really diminishes the idea of gratitude and that she would like to see Orono’s local paper say that they
value that. McMillan stated by banishing all the candidates to the classified section of the paper does not
show the importance of running for office, and gives the impression that a candidate is only important
because they pay for it. McMillan stated a local paper’s niche is to provide information to the local
people of the community.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 19 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 20 of 21
(MAYOR/COUNCIL REPORT, continued)
McMillan stated she would like the City Council or the City’s communications committee to take a look
at whether the City wants to continue with the same paper or go with the other paper that appears to be
more community minded. McMillan stated as community leaders, they need to make sure that the local
community paper covers the community in a way that does not seem to be just focused on the people who
pay.
CITY ADMINISTRATOR’S REPORT
City Administrator Loftus reported the wall panels for the police garage have been installed in the past
couple of weeks and that remodeling on the entrance to City Hall began last week.
Loftus stated she would also like to remind the residents that on December 8 at 6:30 the City Council will
be welcoming input on the City’s 2015 budget. The budget information is also on the City’s website.
Loftus stated she received some good news from Bob Byers at Hennepin County and that he has been
able to arrange a working relationship with Three Rivers and an engineer within Hennepin County to
survey the sidewalks and utilities in Navarre and create a base map. Loftus indicated Staff from Orono
will be meeting with them in mid-January to discuss options and that Staff is hopeful the discussion may
result in an option that has not yet been considered or an option they would be willing to support.
*10. PARK COMMISSION
Levang moved, Bremer seconded, to appoint Julie Ruegemer to the Orono Park Commission.
VOTE : Ayes 4, Nays 0.
*11. NON-WAIVER OF TORT LIMITS – RESOLUTION NO. 6465
Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6465, a Resolution Making a
Selection not to Waive the Statutory Tort Limits for Liability Insurance Purposes. VOTE: Ayes 4,
Nays 0.
*12. AUTHORIZATION TO DISBURSE FUNDS FOR CLAIMS RECEIVED
Levang moved, Bremer seconded, to authorize the City Treasurer to disburse City funds in
payment of claims received for the December 22nd Council meeting which has been canceled, and
that such paid claims be presented for formal approval at the January 12, 2015, Council meeting.
VOTE: Ayes 4, Nays 0.
*13. ORONO POLICE GARAGE – PAY REQUEST NO. 3
Levang moved, Bremer seconded, to approve the payments to contractors working on the Orono
Police Garage Project as listed in Staff’s memorandum dated November 24, 2014, in an amount
totaling $868,308.37. VOTE: Ayes 4, Nays 0.
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 20 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 24, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 21 of 21
14. LICENSES AND PERMITS
Annual Liquor Licenses
Club on Sale and Sunday Liquor
1. Wayzata Country Club
200 Wayzata Boulevard West
2. Woodhill Country Club, Inc.
200 Woodhill Road
3. Spring Hill Golf Club
725 Sixth Avenue north
Off Sale Liquor
4. Wood Enterprises, Inc., Navarre Liquor
3421 Shoreline Drive
Off Sale 3.2 Percent Malt Liquor
5. Voyageur Service Centers, Inc./O’Sullivan’s Holiday
2420 Shadywood Road
Bremer moved, Printup seconded, to approve the above-listed licenses. VOTE: Ayes 3, Nays 0,
McMillan Abstained.
*15. CLAIMS/BILLS
Bremer moved, Levang seconded, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
CITY ATTORNEY’S REPORT
City Attorney Mattick stated he had nothing to report.
ADJOURNMENT
Bremer moved, Printup seconded, to adjourn the Orono City Council meeting at 8:52 p.m. VOTE:
Ayes 4, Nays 0.
ATTEST:
________________________________________ _______________________________________
Diane Tiegs, City Clerk Lili Tod McMillan, Mayor
Item #04 - CC Agenda - 12/08/2014
Aproval of Council Minutes 11/24/2014
[Page 21 of 21]
Item #05 - CC Agenda - 12/08/2014
2015 Budget Hearing
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2015 Budget Hearing
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2015 Budget Hearing
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Item #06 A - CC Agenda - 12/08/2014
Years of Service Award - Scott Boris, 20 Years
[Page 1 of 2]
Item #06 A - CC Agenda - 12/08/2014
Years of Service Award - Scott Boris, 20 Years
[Page 2 of 2]
Item #06 B - CC Agenda - 12/08/2014
Years of Service Award - Lyle Oman, 30 Years
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Item #06 B - CC Agenda - 12/08/2014
Years of Service Award - Lyle Oman, 30 Years
[Page 2 of 2]
Item #06 C - CC Agenda - 12/08/2014
Years of Service Award - Ron Steffenhagen, 40 Years
[Page 1 of 2]
Item #06 C - CC Agenda - 12/08/2014
Years of Service Award - Ron Steffenhagen, 40 Years
[Page 2 of 2]
Item 07 - CC Agenda - 12/08/2014
Recognition of Council Member, Cynthia Bremer
[Page 1 of 2]
Item 07 - CC Agenda - 12/08/2014
Recognition of Council Member, Cynthia Bremer
[Page 2 of 2]
Item #08 - CC Agenda - 12/08/2014
Recogition - Certificates of Appreciation for Big Island Cleanup
[Page 1 of 4]
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Recogition - Certificates of Appreciation for Big Island Cleanup
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Recogition - Certificates of Appreciation for Big Island Cleanup
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Recogition - Certificates of Appreciation for Big Island Cleanup
[Page 4 of 4]
Item #09 - CC Agenda - 12/08/2014
Council Liaison Calendar for Planning Commission
[Page 1 of 1]
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Green Trees Road Sanitary Sewer Extension - Pay Request No. 2 - Final
[Page 1 of 4]
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Green Trees Road Sanitary Sewer Extension - Pay Request No. 2 - Final
[Page 2 of 4]
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Green Trees Road Sanitary Sewer Extension - Pay Request No. 2 - Final
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Green Trees Road Sanitary Sewer Extension - Pay Request No. 2 - Final
[Page 4 of 4]
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Navarre Street Light and Sidewalk Project - Pay Request No. 4
[Page 1 of 4]
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Navarre Street Light and Sidewalk Project - Pay Request No. 4
[Page 2 of 4]
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Navarre Street Light and Sidewalk Project - Pay Request No. 4
[Page 3 of 4]
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Navarre Street Light and Sidewalk Project - Pay Request No. 4
[Page 4 of 4]
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Park and Beach Maintenance Standards
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Park and Beach Maintenance Standards
[Page 2 of 3]
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Park and Beach Maintenance Standards
[Page 3 of 3]
Item #19 - CC Agenda - 12/08/2014
Accept Quotation for Dump Box and Spreader Replacement for Truck #431
[Page 1 of 3]
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Accept Quotation for Dump Box and Spreader Replacement for Truck #431
[Page 2 of 3]
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Accept Quotation for Dump Box and Spreader Replacement for Truck #431
[Page 3 of 3]
Item #20 - CC Agenda - 12/08/2014
Wayzata Fire Service Agreement
[Page 1 of 9]
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Wayzata Fire Service Agreement
[Page 2 of 9]
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Wayzata Fire Service Agreement
[Page 3 of 9]
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Wayzata Fire Service Agreement
[Page 4 of 9]
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Wayzata Fire Service Agreement
[Page 5 of 9]
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Wayzata Fire Service Agreement
[Page 6 of 9]
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Wayzata Fire Service Agreement
[Page 7 of 9]
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Wayzata Fire Service Agreement
[Page 8 of 9]
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Wayzata Fire Service Agreement
[Page 9 of 9]
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Authorization to Purchase 2015 Squad Cars
[Page 1 of 9]
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Authorization to Purchase 2015 Squad Cars
[Page 2 of 9]
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Authorization to Purchase 2015 Squad Cars
[Page 3 of 9]
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Authorization to Purchase 2015 Squad Cars
[Page 4 of 9]
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Authorization to Purchase 2015 Squad Cars
[Page 5 of 9]
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Authorization to Purchase 2015 Squad Cars
[Page 6 of 9]
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Authorization to Purchase 2015 Squad Cars
[Page 7 of 9]
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Authorization to Purchase 2015 Squad Cars
[Page 8 of 9]
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Authorization to Purchase 2015 Squad Cars
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Item #22 - CC Agenda - 12/08/2014
2015 Non-Union Employee Compensation Adjustments
[Page 1 of 2]
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2015 Non-Union Employee Compensation Adjustments
[Page 2 of 2]
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First Amendment to Employment Agreements
[Page 1 of 3]
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First Amendment to Employment Agreements
[Page 2 of 3]
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First Amendment to Employment Agreements
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Proposed 2015 Official Calendar
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Proposed 2015 Official Calendar
[Page 2 of 2]
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2014 Interfund Transfers
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2014 Interfund Transfers
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Licenses & Permits [Page 1 of 8]
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Licenses & Permits [Page 8 of 8]
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Claims/Bills [Page 1 of 14]
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Claims/Bills [Page 13 of 14]
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Claims/Bills [Page 14 of 14]