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Home My WebLink About04-23-2012 Council Packet �'� PUBLIC ATTENDANCE MEETING DATE - 23 - � 2-� OUNCIL PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please complete the following information#or City records. �' , PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER f � c 1.✓'�� %1��'l� �' 2 `�`�:�\ :TG.��,ti � t% �;��Jv� Lv �--�.� .�� „�,�; •�� 1 \ (.1 .N � /+ )' , 3.�= f��, -� � .;�'/,, ;��; � �%"�',.'�j ��C - e'`��"�L � /'%�f�C� _r ---? � . _� ; � ',� T , 4._ L.: l�� `�c, ��•=�. (. L ✓��:'��(- -t , r, , - r 5. :�;sC,�� '� � Vt' �� tC� � � wc�(�11 � � � �� , : "/ 6. �. /'� G� �� '''�Il,'/ �v,, ��. � , �, � � L�/ . . . . , � , , . , , � , � :- r � . ' , ' / � � ! � F 1 � . 7. i'��-� � �.G�; i� ./�� I j�. � '�.. 1��3 � ��. ,�; f�,�C �� l� _-- � � 8. '��t� �t r�- C-' � �', � Y _�'�`- ��l� c 9. ' i ' � �/ • � '',c��- � ,�' i c.��.0 �. �� ' 10. � L�'�'lL r �� ._i, � �L . � � y � `l� �—,� r, ,- ;. � `,- 11. �_'1 �..t�-_- ��..��.� , . � , 12. " '1 ��r- �= �r � �_ F, � �� t, .-.. � 13. 14. 15. V:\(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, April 23, 2012, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Approval of Agenda 1. 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 * 2. Regular Council Meeting of April 9, 2012 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. Planning Department Report 3. 11-3531 Lori Gherardi on behalf of Wolverton Place, LLC, 4550 Wolverton Place – Final Subdivision – Resolution 4. 12-3546 Todd Holmers on behalf of Maple Place, LLC, 1545 Maple Place – Conditional Use Permit – Resolution City Engineer’s Report Mayor/Council Report City Administrator's Report 5. Year to Date General Fund Budget Information City Attorney's Report * 6. Licenses & Permits * 7. Bills Closed Meeting 8. Performance Evaluation for City Administrator Adjournment Agenda for Council Meeting Set for Monday, April 23, 2012, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Directions: www.yahoo.com/maps - 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 Notifications Upcoming Issues and Events 2012 04/23 – Council Work Session, Monday, 5:30 p.m. 04/23 – Council Meeting, Monday, 7:00 p.m. 04/28 – Spring Cleanup Day, Saturday, 8:00 a.m.-2:00 p.m. 04/30 – Reconvened Local Board of Appeal and Equalization, Monday, 6:00 p.m. 04/09-05/12 – Leaf and Grass Disposal, Mondays-Saturdays, 9:00 a.m. - 3:00 p.m. 05/02 – Planning Commission Work Session, Wednesday, 5:30 p.m. 05/05 – Spring Cleanup Day, Construction Debris Only, Saturday, 8:00 a.m.-2:00 p.m. 05/14 – Council Meeting, Monday, 7:00 p.m. 05/21 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Doug Franchot) 05/28 – HOLIDAY-Observance of Memorial Day 05/29 – Council Work Session, Tuesday, 5:30 p.m. 05/29 – Council Meeting, Tuesday, 7:00 p.m. 05/31 – Spring Photo Contest Deadline 06/06 – Planning Commission Work Session, Wednesday, 5:30 p.m. 06/11 – Council Meeting, Monday, 7:00 p.m. 06/18 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Aaron Printup) 06/25 – Council Work Session, Monday, 5:30 p.m. 06/25 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 1 of 7 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Acting Mayor Aaron Printup, and Council Members Cynthia Bremer and David Rahn. Representing Staff were City Administrator Jessica Loftus, City Clerk Lin Vee, Finance Director Ron Olson, Assistant City Administrator of Long-Term Strategic Planning Michael Gaffron, Consulting City Engineer David Martini, City Engineer/Public Works Director Jesse Struve, City Attorney Andrea Poehler, and Recorder Jackie Young. Acting Mayor Printup called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 5, 6, 7, 9, 10, and 11 were added to the Consent Agenda. Bremer moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES *2. JOINT COUNCIL AND PLANNING COMMISSION WORK SESSION OF MARCH 26, 2012 Bremer moved, Rahn seconded, to approve the minutes of the Orono Joint City Council and Planning Commission work session of March 26, 2012, as submitted. VOTE: Ayes 3, Nays 0. *3. REGULAR COUNCIL MEETING OF MARCH 26, 2012 Bremer moved, Rahn seconded, to approve the minutes of the Orono City Council meeting of March 26, 2012, as submitted. VOTE: Ayes 3, Nays 0. PRESENTATION 4. COUNTY ROAD 112 TURNBACK PROJECT James Grube, Director of the Hennepin County Transportation Department, addressed the City Council regarding the process for the CSAH 112 turnback. Grube noted the transfer of Old Highway 12 from the MN Department of Transportation to Hennepin County occurred approximately one year ago, and discussions are now underway regarding the future of County Road 112 between Highway 6 on the west end of Orono and the new bypass. Grube reported that SRF Consulting Group has been selected to advise the Department of Transportation during this process and that negotiations have been completed with them and a signed contract has been received. Item #02 - CC Agenda - 04/23/2012 Approval of Council Minutes 04/09/2012 [Page 1 of 7] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 2 of 7 (4. COUNTY ROAD 112 TURNBACK PROJECT, Continued) The turnback of Highway 112 will be a two-year process, during which time the Department of Transportation will work with the consultant and representatives of the City of Orono and the City of Long Lake. They will be looking at what should happen with Old Highway 12 from County Road 6 to the highway bypass. Grube stated he would like to invite the City to identify a number of people consisting of residents and business owners who would be interested in participating with the Department of Transportation on a project advisory committee. Grube requested the City Council then appoint six or seven people to the committee. In addition, the Department of Transportation would request that someone from staff, possibly the city engineer, also sit on a technical advisory committee. As project manager, Grube indicated he would be overseeing the consultant and working with the two committees. A web site will be available to the residents to access information regarding the turnback process as well as flyers and other information being disseminated to the residents. The turnback fund is primarily financed by the state, with some funds also coming from Hennepin County. The primary source of those funds comes from a portion of the vehicle license tab fees, a portion of the gasoline tax, and sales tax on vehicles. Following that two-year process, the MN Department of Transportation will be looking for approval from the Orono City Council to approve final plans and specifications for the project. Grube stated regular updates will also be provided to the City Council on the progress being made by the two committees. Bremer asked what the deadline is for selecting the committee members. Gruber indicated he would like to have the names sometime by the end of May or beginning of June. The City Council took no formal action on this item. LMCD REPORT - ANDREW MCDERMOTT, REPRESENTATIVE McDermott reported that the LMCD has been monitoring the water level of Lake Minnetonka. At 928’, the LMCD can declare a water emergency, which would allow residents to extend their docks out further into the lake. Currently Lake Minnetonka is below 928’. The low water elevation will be discussed at the next meeting of the LMCD on Wednesday, April 11th. McDermott noted that this will be the last year of the five year study for the herbicide program. Fundraising for treatment of the different bays has been started. McDermott noted the dam was open the majority of the season so Gray’s Bay was not able to be fully treated last year. Rahn commented he recently read in the newspaper that there is an elaborate system for approving a water emergency and that he was surprised by that system. Rahn stated he had the understanding the LMCD had the ability to automatically declare a water emergency once the water level reached 928'. McDermott indicated issues with multiple docks are the reason for the LMCD not declaring a water emergency at this time and that individual docks are not a concern. The LMCD has been discussing and monitoring the situation for a few weeks now. The main concern is that the dock extensions would be for the entire season regardless of the amount of precipitation received. Item #02 - CC Agenda - 04/23/2012 Approval of Council Minutes 04/09/2012 [Page 2 of 7] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 3 of 7 PLANNING COMMISSION COMMENTS - LIZZ LEVANG, REPRESENTATIVE Levang noted some Planning Commissioners attended the joint work session with the City Council relating to the draft hardcover regulations. Levang stated the Planning Commission has six applications that will be reviewed next week. One relates to a new subdivision and two applications deal with bluffs. Levang stated due to the bluff issues, Planner Gaffron has provided the Planning Commission with some information on bluff technicalities that the Planning Commission should be aware of for bluff discussions . In addition, the Planning Commission will be looking at the draft hardcover regulations and the dock rental issue. PUBLIC COMMENTS Anna Williams, Orono resident, expressed some concerns with the change in the proposal to go from three houses to seven houses on the Maple Place development. Williams indicated the neighbors in that area are not happy with the communication regarding the project and the clearing of trees on those lots. Williams stated apparently in February the seven homes were proposed but noted that the sign was just posted last week. Williams stated in the neighbors' view the increase in density is pretty severe and that going from 100-foot lots down to 50-foot lots does not seem to fit within the rest of the neighborhood. At the last meeting the developer proposed that the homes would be 1,500 square feet and would be selling for 300 to 400,000, which seems inflated. Gaffron stated the Minnesota Legislature, in conjunction with the MN Department of Natural Resources, has ruled within the last three years that cities should allow building permits for individual properties that have been held in joint ownership but not legally combined. In this situation there are seven lots, one with an existing house, and they are all substandard lots. Gaffron noted this is a half acre district. Gaffron indicated when the applicant first approached the City, they were proposing three lots. Staff attempted to convince the applicant that the lots do not meet the City’s standards but that the applicant is within their rights under Minnesota Statutes to develop the lots. Following that review, the applicant then had some financial concerns and came back to the City and withdrew their original application for three lots. A new plan proposing seven lots has been submitted. That plan meets the standards of the DNR and the Minnesota Statutes. Gaffron noted the applicant will be limited to 25 percent hardcover per lot and a 1,500 square footprint for a residence. The developers have agreed that they would make an application for a conditional use permit for the grading, which will be before the City Council on April 23rd for action. The City Engineers are in the process of reviewing the revised grading plan. Gaffron noted the City ultimately does not have the authority to deny the building permits. Gaffron indicated from a Staff perspective, they have done all they can to encourage the applicant to construct fewer homes in this area, but the project with the seven lots will be going forward. The individual homes on each 50-foot lot will need to meet a 10-foot setback. Gaffron indicated he expects the applicant will be applying for his first building permit next week sometime. City Attorney Poehler noted the City’s hands are basically tied in this situation and that the City has no control over the price range being asked for the individual lots. Item #02 - CC Agenda - 04/23/2012 Approval of Council Minutes 04/09/2012 [Page 3 of 7] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 4 of 7 (PUBLIC COMMENTS, Continued) Gaffron indicated Staff did expect tree removal to occur on the lots and noted the trees were not protected by any ordinance of the City. Staff did advise them of some erosion concerns and the applicant was told that he is required to provide some minimal level of erosion control to protect the existing drainage system. An unidentified gentleman encouraged the City Council to drive by the area. A number of very large mature trees have been removed and there does not seem to be any regard for the neighborhood. This project seems out of character for the neighborhood and appears to be contrary to Orono’s ordinances and regulations. Bremer noted the City does have a tree ordinance but that it only protects trees in certain locations. Acting Mayor Printup encouraged the residents to attend the City Council meeting on the 23rd when this application will be discussed. PLANNING DEPARTMENT REPORT *5. #10-3488 JUDSON DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH - FINAL PLAT - RESOLUTION NO. 6132 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6132, a Resolution Approving the Plat of Topside, 825 Old Crystal Bay Road South. VOTE: Ayes 3, Nays 0. *6. #12-3544 CHARLES CUDD DeNOVO ON BEHALF OF MARY J. BOWMAN TRUST, 1165 FERNDALE ROAD WEST - VARIANCES AND CONDITIONAL USE PERMIT - RESOLUTION NO. 6133 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6133, a Resolution Granting Variances to Orono Municipal Code Sections 78-305, 78-1279, and 78-1438, and a Conditional Use Permit Pursuant to Orono Municipal Code Sections 78-966 and 78-1286 to Allow Land Alteration Within the Lakeshore Setback for the property located at 1165 Ferndale Road West. VOTE: Ayes 3, Nays 0. *7. #12-3548 ORONO PUBLIC SCHOOL ISD 278, 685 OLD CRYSTAL BAY ROAD NORTH, CONDITIONAL USE PERMIT AND VARIANCE - RESOLUTION NO. 6134 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6134, a Resolution Granting Variances to Municipal Code Sections 78-1279 and 78-1605, and a Conditional Use Permit Pursuant to Sections 78-418 and 78-916, for the Orono Public School District. VOTE: Ayes 3, Nays 0. Item #02 - CC Agenda - 04/23/2012 Approval of Council Minutes 04/09/2012 [Page 4 of 7] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 5 of 7 CITY ENGINEER'S REPORT 8. OLD CRYSTAL BAY ROAD OVERLAY PROJECT - BID AWARD Rahn noted there was an issue with safety discussed previously with this project, and asked how the crosswalks will be treated following the overlay. Amundsen indicated the crosswalks will be in approximately the same location as they are currently. Rahn asked whether the City has heard from any representative of the school district regarding any safety concerns. Rahn commented he is not sure what the next level of protection would be, but noted there are off the grid solar signs or illumination that could perhaps be looked at for safety. Amundsen indicated some of those options were explored in the original feasibility study and that they can perhaps coordinate with the City Engineer on those items. Rahn stated he would like to explore those options and the costs associated with them. Printup stated perhaps down the line they could have the City Engineer look at crosswalk improvements. Struve stated it might be worthwhile to install some conduit prior to the overlay to accommodate wires in the event the City Council elects to install some signs at the crosswalks. Rahn moved, Printup seconded, to award the Old Crystal Bay Road overlay project contract to Northwest Asphalt, Inc., in the amount of $93,247.90. VOTE: Ayes 3, Nays 0. *9. ORONO ORCHARD ROAD RECONSTRUCTION/MCES FORCEMAIN INSTALLATION PROJECT - APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS Bremer moved, Rahn seconded, to conditionally approve the plans and specifications for the Orono Orchard Road Street and Utility and Orono Interceptor 7113A Combined Project, and authorize advertisement for bids according to the project schedule as outlined in the staff memo dated April 9, 2012. VOTE: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Rahn stated the only issue he would like to bring up is the Maple Place development and the City's erosion controls. Rahn commented that a large majority of the silt fences are improperly installed on projects and that he would like to see that addressed in some fashion. Rahn suggested that issue be addressed in a future work session. Gaffron stated the City to some extent relies on the Watershed District to oversee the erosion control methods and that perhaps the City is in a better position to monitor the situation. Rahn stated in his opinion the City needs to play a bigger role in erosion controls, especially in light of the fact that silt fences are sometimes placed close to the lake and are improperly installed. Item #02 - CC Agenda - 04/23/2012 Approval of Council Minutes 04/09/2012 [Page 5 of 7] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 6 of 7 (MAYOR/COUNCIL REPORT, Continued) Bremer recommended the city engineer and the building inspector attend the work session when this item is discussed. Loftus noted she received a call from a resident asking why the City was giving her any direction on her silt fence since she had received approval from the Watershed District and that she did not appreciate the City’s involvement in the silt fence. Loftus suggested that perhaps the City should consider sending their concerns to the Watershed District. Bremer commented that as the economy improves, more and more building permits will be issued, and that it would be a good idea to look at this issue further. Printup requested the turnback committee also be placed on the City Council’s work session agenda. CITY ADMINISTRATOR'S REPORT Loftus noted the golf course is now open given the early spring weather, which is earlier than normal. Loftus noted the golf course number has been changed to 473-1909. Loftus noted the Orono Local Board of Appeals and Equalization is scheduled for Wednesday, April 18th, at 7:00 p.m. *10. PURCHASE OF REPLACEMENT TELEPHONE SYSTEM Bremer moved, Rahn seconded, to approve the purchase of a replacement telephone system from Nova Communications in the amount of $56,476.49, to be funded from the Improvement and Equipment Overlay Fund, and to amend the Improvement and Equipment Outlay Fund Budget to reflect the expenditure. VOTE: Ayes 3, Nays 0. *11. RENAME PRECINCTS 3 AND 4 - RESOLUTION NO. 6135 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 6135, a Resolution Amending Resolution No. 6131 for Re-Establishing Precincts and Precinct Polling Place Locations for Precincts 1, 2, 3, and 4 in the City of Orono to include renaming Precinct 3 to Precinct 3A and Precinct 4 to Precinct 4A. VOTE: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT Poehler stated she had nothing to report. *12. LICENSES & PERMITS None Item #02 - CC Agenda - 04/23/2012 Approval of Council Minutes 04/09/2012 [Page 6 of 7] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 7 of 7 *13. BILLS Bremer moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. ADJOURNMENT Bremer moved, Rahn seconded, to adjourn the Orono City Council meeting at 7:48 p.m. VOTE: Ayes 3, Nays 0. ATTEST: ___________________________________________ _______________________________________ Linda S. Vee, City Clerk Aaron Hale Printup, Acting Mayor Item #02 - CC Agenda - 04/23/2012 Approval of Council Minutes 04/09/2012 [Page 7 of 7] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Item #03 - CC Agenda - 04/23/2012 File #11-3531 [Total Pages 71] Municode r a�` 1 "1 1 1 Sec. 78-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, the words and phrases used in this chapter shail have the meaninqs qiven to them in chaqter 82. Basement means that portion of a building that is partly or completely below the existing ground level. A basement shall be considered as a story for purposes of determining the number of stories in a building, when the finished surface of the floor above the basement is more than six feet above the existing ground level for more than 50 percent of the basemenYs perimeter. The perimeter of the basement does not include portions of the house or garage that do not have a lower level but are merely "unexcavated". Artificially raising the grade adjacent to the foundation of a structure (by filling or by a combination of filling and retaining walls) above the surrounding natural terrain shall not be allowed as a method for converting a defined story to a defined basement, regardless of any other benefits to the property of such action. Finished grade that increases more than one foot from existing ground level shall be considered as artificially raising the grade. However. artificialiv raisinq the Qrade when such action merely restores a previously excavated site to its original natural grade may used as a method for converting a defined story to a defined basement. Basement, walkout, means a basement having an entrance at grade level. Boardinghouse means a building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed eight persons. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel; and when the structure is divided by party walis without opening, each portion of such building so separated shall be deemed a separate building. Building height means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. For a pitched or hipped roof situation, regardless whether the highest living space in a building is a half-story or full story, if the highest living space contains windows (excluding skylights) the upper measur ing point for defining building height shall be the median height of the top of the highest window and the highest peak of the roof. htt„•//1;hrarv.municode.com/print.aspx?clientID=13094&HTMRequest=http%3 a%2f%2fli... 4/23/2012 Municode Page 1 of 1 Sec. 78-966. - Prohibition. �a� It is unlawful for any person to perForm or have performed the following land alteration activities without a conditional use permit issued by the council: (1) Remove,fill, use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar earth material within the limits of the city. (2) Fill or reclaim any land by depositing such material or by grading of existing land to elevate or alter the existing natural grade. (3) Build, alter or repair any seawall or retaining wall, or otherwise change the grade or shore of lakeshore property. (b) All land alterations involving filling and grading shall be performed only with clean fill as defined in section 78- 1. Granting of such permits is subject to other regulations and prohibitions of this Code and other applicable statutes or ordinances of other governmental bodies. (Code 1984, § 10.03(19);Ord. No. 163 2nd series, § 1, 12-8-1997) Sec. 78-967. - Exception. �a) The requirements of section 78-966 are not intended to govern the following land alteration activities: (�� Normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building. (2) Any earth movement under 500 cubic yards which does not adversely impact the existing drainage. (3) Grading,filling or excavating of ten cubic yards or less within the shore setback zone of all lakes enumerated in article IX of this chapter. (b) Such grading and earth movement shall be subject to approval by the building inspector at the time of issuance of a building permit, provided that a plan showing proper drainage and protection of adjoining property has been submitted. Where such earth movement is not being performed in conjunction with a building permit, a separate land alteration permit shall be required. Any unusua! land alterations, including earth filling, removal or grading, proposed by a builder shall be subject to a conditional use permit as provided for in this chapter. The follov�ing land alterations shall be considered as unusual land alterations: (1) All excavations for foundations in excess of 12 feet average depth if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. (2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to raise grade for adequate frost footing protection, the intent being that structures shall not be artificially raised above the preexisting surrounding topography. (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (c) The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. (Code 1984, § 10.03(21);Ord. No. 163 2nd series, §2, 12-8-1997;Ord. No. 171 2nd series, § 1, 4-4-1998) Sec. 78-968. - Permit. An application for a conditional use permit shall be accompanied by a drawing made by a registered surveyor or other competent person showing the location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored,filled or graded, and such other information as the council may require.Applications shall be filed with the city administrator and shall be accompanied by a deposit to be determined by the city,which will be used to offset the cost of processing the application.Any unused portion will be refunded to the applicant. (Code 1984, § 10.03(20)) http://library.municode.com/print.aspx?clientID=13094&HTMRequest=http%3a%2fn/o2fli... 2/13/2012 Maple Place Neighborhood . __ -_ _ - ---- - _ 3980 _ 3928 � � ■ Parks ---- _ 3926�-- -- �Recreation F... 505 � _ � � � �r� Golf Course i i i _ -- r --� 3908 �_�Conservancy ... �__� � �5�0 � j � �, Sandy Beach 'Commercial ... � ; 3925 ` �� School Faciliti... � ! 'I �'� 3884 38 I3860 38 gg 3852 I Future Acqui... � Z , 1510 � / �� J � ( ;_ ,Park/Open S... � o � 1525 �� 1520 �� Lakes I = . I � 1520 � 383 000 D i 3907 � I Roads � ' 1530 1535 — _ � - I; . . � - CHERRY �; Parcels Address � , � I AVE ----___ � � 1535 - j� ❑ City Border � � �'I _ . ` __ � � - _ , � � � - .�� ! - , -• - j I i �� '�� > I 1545 ' i 3883 _ i Zj _ I ; �_ _ _ 1550 w 3883' 38 3860� 3855 ' 383 � � � 1545 I z 38 j � �, 3843 , _ � � , ; 38 � I , _ __ ; ; , _ i a ' i '� I 1560 � j i w I „ , 009 � n- ; _- -- --- -- — --- , -- I , � __ _— , ___ a i � � 38 � � - - - �--� -- 1570 j I I t__ i � i � _ 38 __ ' i i � , I � 4005 3980 3970I 3950 ' j - 3898 38 � 38 i 3860 38 38 I �� ; 38 3990 i ';r 38 i � , 38 � __ . _ ._ _ � . _ — ___-_----- I -� --- - NORTH-SHORE DR ----- - -- - J __ _ . _ _ ! 38\ . 3995 _ 3925 I, 38 i 3905 I 3895 '_ ----- 3865 - -- 3 N SCALE 1 : 1,643 F=-7- � _ � -� 100 0 100 200 300 FEET �ttp://www.bonestroo.neUinfraseek_asp/Orono/mwf/Zoning.mwf Monday, April 23, 2012 10:07 AM Mike Gaffron From: Nick Williams [nmwi11150@gmail.com] Sent: Saturday, April 21, 2012 8:07 PM To: Lili McMillan; Cynthia Bremer; Doug Franchot(doug@franchotassociates.com); Aaron H. Printup; David Rahn (rahnx041@umn.edu); Loren Schoenzeit (lorens@att.net); Denise Leskinen (deniseleskinen@gmail.com); Kevin Landgraver(klandgraver@gmail.com); Lizz Levang (clevang@aol.com); Jon Schwingler(jonschwing@aol.com); thiesse@srfconsulting.com; Melanie Curtis; Christine Mattson; Mike Gaffron Subject: Concerns regarding 'Maple Place' development Mayor McMillan, City Council and Planning Members: I'm contacting each of you to express my concern with the changes taking place between Maple and Minnie. I'm looking for your help. I understand there that the Builder /Operator/Owner of Maple Plain LLC intends to build not just 3 homes, but a total of 7 homes in the area between Maple and Minnie Ave. • -What were 100 ft lots are now 50 ft wide lots; each will have at least a 1500 sqft foot home. This is a total of 7 homes in less than 1.45 acres. ❑• -The last planning meeting, the o/b/o had outlined that the homes would be sold between $380- 410k/each... that's over 250/sq ft at the min target price. A few comments and questions: 1) In what way is the proposed development consistent with the character of the community and neighborhood? What responsibility and authority does the City have and what can they enforce its own directives (City Code 78-916) associated the impairment of home values, the compatibility with the character of the community and neighborhood? I'm concerned about the changes to the natural beauty and viability of the neighborhood with the number of homes so close in proximity to one another in less than 1.5 acres. The land has been all but clear cut. The homes target price seem wildly expensive - not close to comparable market sq/ft value. If they don't sell, they could depress the values in the area further. We've already seen that happen recently with the property sold on Baldur's point this last month (Bank Owned property sold for 417k). Moreover, I'm disappointed with the City's planning response to the Maple Place's permit. The assessment of compatibility, impact ar impairment as outlined in City Code Section 78-916 (page 4/5, Permit#12-3546) appears contrary to current state, yet each `condition' is recorded as `criterion is met'. I'm confused by Ms. Curtis's responses. In what way have any of these criteria been met? I look forward to a more detailed explanation. i 2) What kind of communication can we expect from the city on the changes to the area? ' I don't feel these changes are being communicated well. A quick review of the meeting notes from the Feb 22nd Planning Meeting illustrates the city understood the exposure and the intent to build 7 homes in the same space 3 were originally intended. It wasn't until April Sth that a new sign had been 'displayed' with the new permit number... meaning it was placed under some brush next to what few trees are left. The legal notices posted in the Pioneer and Laker papers show only a permit to move dirt around on the property. 3) I'd ask you to consider my two questions as well the following to address these concerns: I'm not against development. I'm against risk and the dramatically changes to the natural beauty of our neighborhood. It's too many homes in such a small place. Moreover, the price point seems far outside of the market norm... unless this isn't the final price point or home style. I'd ask for the City to advocate for the following: • -A compromise between the City of Orono and the builder to reduce the number of houses built on the lots from 7 to the original approved plan of 3 houses • -A compromise between the City of Orono and the builder allowing larger houses on the lots with reduced setback and space requirements • -An environmental impact study reviewing the addition of 7 versus 3 houses on the Maple Place parcel to determine the potential risks and benefits to each development option • -A moratorium on all building and construction on 50 foot lots until City of Orono ordinances can be revised to accommodate existing state zoning laws I will be in attendance this Monday's meeting. I'd appreciate any of your responses in advance. Thank you. Nick Williams 3 843 Cherry Ave z • Mike Gaffron From: Anna Scheurer[annascheurer@hotmail.com] Sent: Saturday, April 21, 2012 8:03 PM To: Melanie Curtis; Mike Gaffron Subject: Maple Place Development Dear Ms. Curtis and Mr. Gaffron, I am writing to you today to voice my concerns regarding the delvelopment of the lots on the corner of Maple Place and Hwy 19. My concerns are as follows: 1) The increase from 3 houses to 7 houses on this small plot of land which is less than 1.5 acres. The newly proposed 50 foot lots do not seem to be consistent with the Ciry of Orono or our neighborhood, How is this allowed considering the city statute ( City code 78-916) that states that there shall be consistency &compatibility with the character of the community and neighborhood? 2) As a resident of this neighborhood, I am concerned with the increased congestion and traffic this additional 4 houses will bring to our neighborhood and for the public beach. Where will people park? 3) Has there been an environmental study to measure the environmental impact these additional 4 houses will bring, especially being so close to Lake Minnetonka? 4) I believe that there is a statute in the City of Orono that prohibits building 50 feet from highways. The way the plans stand now, the first house is within 20 feet of Highway 19. How is this legal? I believe there can be a compromise reached between the Developer, City Council and neighborhood residents and that would be to reduce the number of houses to be developed to 3, as originally planned. Unfortunately, I will be unable to attend the meeting on April 23rd, but know that several of my neighbors will be in attendance. I will be looking forward to hearing from my neighbors who attend and reading the minutes from the meeting to see how my concerns and their concerns are addressed and what solutions you can offer. Sincerely, Anna Williams 3843 Cherry Ave Orono, MN 55364 952.417.6849 1 1 Mike Gaffron From: Amy Beeler Herman [amybherman@mac.com] Sent: Monday, April 23, 2012 10:41 AM To: Mike Gaffron Subject: 1545 Maple Place Development Dear Mr.Gaffron: As 15-year residents of the neighborhood encompassing 1545 Maple Place,we initially looked forward to development of the lots at 1545 Maple Place.When we heard of the approval of 3 houses,we were supportive of the development.Unfortunately with the changes in the development plan to 7 houses,we are no longer in favor of the development.We believe that the leadership far the City of Orono needs to evaluate the impact of development of 50 foot lots. We ask that a moratorium be placed on all building and construction on 50 foot lots untii City of Orono ordinances can be revised to accommodate existing state zoning laws. The planned development at 1545 Maple Place with 7 houses will have a detrimental impact on the neighborhood. We support realistic and reasonable development which includes: • Housing type and marketable price range consistent with what is being built throughout the City of Orono,MN; • Lot sizes consistent with the majority of existing housing in the Cherry Avenue neighborhood; • Congestion management of the Maple Place street which is a thoroughfare into the neighborhood and an access to a public beach;and • Water retaining structures for the proposed property development that adequately hold runoff and allow room for parking on the street. We also support Orono Ciry Council negotiations with the Maple Place developer to agree to the original plan of 3 houses on the 1545 Maple Place lots to allow the development to proceed as originally outlined. Thank you for reading and evaluating our concerns regarding the ]545 Maple Place development.We sincerely hope that Orono City leaders will do what is best for our neighborhood and for the City of Orono. Regards, Amy and Matt Herman Matthew B.and Amy B.Herman 3825 Cherry Avenue Mound,MN 55364 em: amvbherman(cr�.mac.com ph: 952.471.7248 1 Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #04 - CC Agenda - 04/23/2012 File #12-3546 [Total Pages 43] Item #05 - CC Agenda - 04/23/2012 Year to Date General Fund Budget Information [Page 1 of 5] Item #05 - CC Agenda - 04/23/2012 Year to Date General Fund Budget Information [Page 2 of 5] Item #05 - CC Agenda - 04/23/2012 Year to Date General Fund Budget Information [Page 3 of 5] Item #05 - CC Agenda - 04/23/2012 Year to Date General Fund Budget Information [Page 4 of 5] Item #05 - CC Agenda - 04/23/2012 Year to Date General Fund Budget Information [Page 5 of 5] Item #06 - CC Agenda - 04/23/2012 Licenses & Permits [Page 1 of 1] Item #07 - CC Agenda - 04/23/2012 Bills [Page 1 of 7] Item #07 - CC Agenda - 04/23/2012 Bills [Page 2 of 7] Item #07 - CC Agenda - 04/23/2012 Bills [Page 3 of 7] Item #07 - CC Agenda - 04/23/2012 Bills [Page 4 of 7] Item #07 - CC Agenda - 04/23/2012 Bills [Page 5 of 7] Item #07 - CC Agenda - 04/23/2012 Bills [Page 6 of 7] Item #07 - CC Agenda - 04/23/2012 Bills [Page 7 of 7] Item #08 - CC Agneda - 04/23/2012 Closed Meeting Performance Evaluation for City Administrator [Page 1 of 1]