HomeMy WebLinkAbout05-14-2012 Council Packet PUBLIC ATTENDANCE
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�I COUNCIL
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PUBLIC ATTENDANCE
MEETING DATE �/ � ' I �i
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�E�, COUNCIL
❑ PLANNING COMMISSION
❑ OTHER
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Agenda for Council Meeting Set for Monday, May 14, 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. Council Work Session of April 23, 2012
* 3. Regular Council Meeting of April 23, 2012
* 4. Reconvened Local Board of Appeal and Equalization of April 30, 2012
Presentation
5. Milfoil Weevil Study – Minnehaha Creek Watershed District
LMCD Report – Andrew McDermott, Representative
Planning Commission Comments – Lizz Levang, 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
* 6. 11-3534 Arthur J. Nelson Estate, 400 Willow Drive South – Preliminary Plat – Resolution
7. 12-3546 Todd Holmers on behalf of Maple Place LLC, 1545 Maple Place – Conditional Use
Permit – Resolution
* 8. 12-3549 Margaret Peltola, 1550 North Arm Drive – After-the-Fact Variance – Resolution
9. 12-3550 Kevin and Denise Reilly, 3405 High Lane – Subdivision/Final Plat – Resolution
* 10. 12-3553 Craigbank Holdings, Inc. and Longridge Associates, 1700 Fox Street – Lot Line
Rearrangement – Resolution
11. John Crotteau, 1405 Sixth Avenue North – Request for Amendment to Conservation Easement
12. Planning Commission Applications
Public Works Director/City Engineer’s Report
13. Carman Bay Shoreline Restoration Project Award
14. Park Equipment Grant Agreement
Mayor/Council Report
Agenda for Council Meeting Set for Monday, May 14, 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
City Administrator's Report
15. Accept Donation for Bike Rack – Resolution
16. Banner Design Request for Navarre
17. Authorize Residential Recycling Grant Agreement with Hennepin County – Resolution
18. Metro West Inspection Services, Inc.
19. Safe Assure Cooperative Safety Training
20. Court Data Services Amendment
21. Performance Evaluation for City Administrator
City Attorney's Report
22. Licenses & Permits
One Day Temporary On-Sale Liquor License
Transient Merchant License
* 23. Bills
Adjournment
Upcoming Issues and Events
2012
04/09-05/12 – Leaf and Grass Disposal, Mondays-Saturdays, 9:00 a.m. - 3:00 p.m.
05/14 – Council Work Session, Monday, 6:20 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.
06/29 – Absentee Voting for Primary Election Begins, Friday
� �
MINNEHAHA CREEK WATERSHED DISTRICT
QUALITY OF WATER QUALITY OF LIfE
M i Ifoi I Weevi I Bio-Control Stud
Y
Direct questions to MCWD AIS Specialist Eric Fieldseth
efietdseth@minnehahacreek.org � (952) 471-7873
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CrediY:Dudley Pond Nssociation Credit:Robert L.Johnson,Corceli�niversi_y
Summary At a Glance:
Eurasian watermilfoil is a major issue in lakes across the Minnehaha Creek Weevit facts
Watershed District (MCWD). In nutrient-rich lakes, the plant grows in thick . Feed primarily on Eurasian
beds and makes it difficult to boat, swim and fish. Its abundant growth also Watermilfoil
upsets a lake's ecosystem and hinders native plant growth. • Nafive to Minnesota
• Don't bit@, sting, �y or leave
, On Lake Minnetonka and others throughout the District, lake associations the water
and public agencies manually thin milfoil for recreation. Others use herbicide • Don't impact r�creafion; stay in
to reduce the population. These methods are expensive, can impact the or near milfoil beds
environment, and only ofFer short-term results.
Sites (estimated weevil stock)
Beginning this summer, the MCWD is contracting with the environmental • Christmas Lake (42,000)
senrices firm EnviroScience to study the effectiveness of the milfoil weevil • Libbs Lake (24,000)
to sustainably controt milfoil in Christmas Lake and two areas in Lake � Veteran's Cove (20,000)
Minnetonka: Libbs Lake and Veteran's Cove near Big Island.
2012 Timeline
• Blue Water Science conducts
What are m i Ifoi I weevi Is? :nitial assessment in mid-May
Stocking begins late May
The milfoil weevil (Euhrychiopsis lecontei) is a small, native, herbivorous • Final assessment in mid- to
aquatic beetle that specializes in feeding on milfoil plants, especially late-August
Eurasian watermilfoil. It completes all life stages, egg to adult, fully • Analysis of data submitted by
submersed in the water. These characteristics make the weevil very December 31, 2012
unique, as specialist herbivores are very rare among aquatic insects. These Desired Outcomes
characteristics are precisely why the milfoil weevil has shown the most • Lake-wide milfoil control in
promise as a potential bio-control agent and an alternative for herbicide three to five years
treatments for Eurasian watermilfoil. • Sustaining population of milfoil
weevils
Even with large numbers of weevils in a lake controlling milfoil, it is highly
unlikely for a human to notice one, since they are very small and live in Partners
the milfoil beds. All weevils will be collected from local, non-zebra mussel • EnviroScience (Ohio)
infested lakes and raised in labs. � Blue Water Science (St. Paul)
Frequently Asked Questions
What is a weevil?
The milfoil weevil (Euhrychiopsis Lecontei) is a small, native, herbivorous aquatic beetle that specializes in
feeding on milfoil plants, especially Eurasian watermilfoil. It completes all life stages, egg to adult, fully
submersed in the water.
Will weevils harm humans or become a nuisance? ��� y���- •�
No, weevils cannot harm you and will not become a nuisance to ``�� �
you. They stay on the milfoil, since that is their food source. They ;, ;.���$ '
� are very small and go virtually unnoticed. b �':°� �`F <���'�'����_ �
= � � '- r:-�
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How long will it take to achieve lake-wide milfoil control? bi a _ �"''�;" �� �,"
� ;:
_ } �A ��*4 �� Y �
Many factors play a role in determining the time needed for control, � � � :��a;� hi
including lake size, quantity and density of the milfoil, and the c` ,�. � _;;,�,� °�"� �'n'.',�; `�'`��
�, , ._,� `.
number of weevils stocked. However, EnviroScience has found that J -
J .k,. . . ��4; �..,�ft'� }�
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in most stocked lakes, lake-wide control (not eradication) has been � �4^I � Y�. `- � "`� �' �.
,��� _ . � �,y� - '
achieved in three to five years. ���"�;'• +r�Y ;� �' y�. « -�
��.�� , r .z ���,���',•�. �`
Can I still treat my individual property with herbicides? we�°;`5`�'�y S;tes
We ask that property owners refrain, if possible, from treating with herbicides for the following reasons.
Herbicides can alter our data by potentially changing the plant community in the test areas, making it difficult
to determine the milfoil weevil's effectiveness in controlling the milfoil. Also, algaecides containing the active
ingredient copper can kill the milfoil weevil. If you feel it is necessary to treat your individual property, please
ask the company responsible for the treatment to limit the use of copper-based algaecides.
�_�-�' �� � Will the weevil affect other aquatic ptants?
� ��'- �"` Milfoil weevils prefer to feed on milfoil only and tend to have
�" a preference for Eurasian watermilfoil over the native Northern
���`kF=' { � �� • , watermilfoiL Aquatic plant surveys will be done before and after
� weevil stocking to assess if other species of aquatic plants were
� �,. harmed. The plant surveys will be performed by an independent
,�` '� third party, Blue Water Science.
�'�� N
`�
f� < If weevils already occur in a Lake, why do more need to be
added?
c�ed;t:Ro5°rt�.�or��o�,,�o��e<<��;�e�s;ty Native populations are typically sparse and unable to keep up with
the rapidly growing milfoil. By stocking large numbers of weevils all the same age in close proximity, the newly
emerged adults will easily find each other to mate. Those adults can lay eggs for the next generation or two,
which will hatch and begin damaging nearby healthy milfoil. This enables more rapid lake wide expansion of the
weevil population.
Further Reading
• "Milfoil Weevil Bio-Control Study," MCWD project web page. http://minnehahacreek.org/Weevit5tudy
• "The Milfoil Weevil — the Long Term Solution for Milfoil Controt," EnviroScience Web Page.
http://envirosciencei nc.com/the-mi lfoil-weevi l
• "The Milfoil Solution," EnviroScience report on successful weevil projects.
http://enviroscienceinc.com/whitepapers/MilfoilSolution.pdf
MINUTES OF THE
ORONO CITY COUNCIL WORK SESSION
Monday, April 23, 2012
5:30 p.m.
Page 1 of 1
Present: Mayor Lili McMillan, Council Members Doug Franchot, Aaron Printup and Dave Rahn;
representing Staff were City Administrator Jessica Loftus, Assistant City Administrator for
Long Term Strategy Mike Gaffron, Finance Director Ron Olson, City Clerk Lin Vee, Police Chief
Correy Farniok, Public Works Director/City Engineer Jesse Struve and City Attorney Soren
Mattick.
Gaffron provided background information on a request for a sewer connection at 75 Leaf Street.
Council indicated they would not support an amendment to the Comprehensive Plan to add a sewer
connection on Leaf Street.
Mattick explained the request by Ryan Companies US to amend the Crystal Bay Business Center
Development Agreement by releasing Building 1 from the Development Agreement upon completion of
construction of the trail, which would remove Building 1 from an obligation to build a future road to the
development. Council was not in favor of approving the requested amendment.
Gaffron gave an update on responses to the Navarre Community Initiative business questionnaire.
Council discussed some resident involvement, possibly through an online survey.
Farniok stated the police department has been considering the use of administrative citations for
offenses such as distracted driving, unreasonable acceleration, unsafe operation, dog at large, barking
dog, etc. and provided related information. Council directed staff to move forward with the process to
amend appropriate code sections and establish procedures to develop an administrative citation
program.
Farniok provided a brief update on police activities and will be presenting the annual police report at a
future Council meeting.
Struve outlined the city’s erosion control inspection process and how it coordinates with the MCWD’s
erosion control inspections.
It was the consensus of the City Council to move forward with digitizing the new blue and gray logo.
There were no comments regarding Information Update items.
The meeting closed at 6:45 p.m.
ATTEST:
________________________________________ _______________________________________
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Item #02 - CC Agenda - 05/14/2012
Approval of Council Work Session Minutes 04/23/2012
[Page 1 of 1]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 1 of 16
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMillan, and Council Members Cynthia Bremer, Doug Franchot, Aaron Printup, 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 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 No. 3 was added to the Consent Agenda.
Bremer moved, Franchot seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF APRIL 9, 2012
Bremer moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of
April 9, 2012, as submitted. VOTE: Ayes 5, Nays 0.
PLANNING COMMISSION COMMENTS - KEVIN LANDGRAVER, REPRESENTATIVE
Landgraver stated at the last Planning Commission meeting they approved four items and also discussed
the text amendment relating to dock rentals. The Planning Commission has held two public hearings and
Staff was directed to draft language relating to residential dock rentals that the Planning Commission can
review and perhaps act on.
Landgraver noted the Planning Commission has also had two applications dealing with bluffs in the past
couple of months.
Landgraver noted the Maple Place application will be discussed tonight and that he will be available for
questions relating to that application.
PUBLIC COMMENTS
Edward Callahan, Orono resident, noted that he was the Mayor of Orono in the midst of the new Highway
12 project. Callahan commented there have been letters in the newspaper recently regarding the turnback
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 1 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 2 of 16
(PUBLIC COMMENTS, Continued)
of Highway 12 to the City after certain improvements have been made. The proposal involves
approximately $20 million and involves one of the main highways through the City of Orono.
Callahan indicated he noticed that in accordance with the programs of the Minnesota Highway
Department, it was recommended that a committee be appointed to guide the City through that turnback
process. Callahan suggested the City Council give serious consideration to not following the agenda of
the county or the state highway department and give top priority to the impact the highway has on the
residents of Orono and Long Lake.
Callahan stated rather than the City Council appointing a committee of citizens who were not involved in
the planning of the highway, that the City Council form a subcommittee of the City Council. The actions
of this committee will involve negotiations with the highway department and the City of Long Lake over
how money will be spent and what improvements will be made on behalf of the City. Callahan stated his
understanding is that the City of Orono and other representatives of Long Lake and Orono have
previously reviewed this plan and made recommendations on what should be done a number of years ago.
A public meeting was held at that time and representatives of Long Lake, Orono, and the Department of
Transportation decided what to do with the old highway. Callahan stated in his view the City should
follow the recommendations of the first committee.
McMillan noted she was on the first Highway 12 turnback committee and that she would hope the
Department of Transportation would take the prior work that was done on the highway into consideration.
McMillan noted the Department of Transportation has their own process that they would like to follow as
it relates to the turnback and that the City of Orono will be participating in that process.
PLANNING DEPARTMENT REPORT
*3. #11-3531 LORI GHERARDI ON BEHALF OF WOLVERTON PLACE, LLC,
4550 WOLVERTON PLACE - FINAL SUBDIVISION - RESOLUTION NO. 6136
Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6136, a Resolution Approving a
Class I Subdivision of Property Located at 4550 Wolverton Place. VOTE: Ayes 5, Nays 0.
4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE - CONDITIONAL USE PERMIT
Gaffron stated last summer the applicants received preliminary approval to plat the six southerly 50-foot
lots into three 100-foot lots. The applicant has since changed direction and now plans to develop each of
the seven 50-foot lots individually, which the City must allow per MN State Statutes 462.357 and MN
Rules 6120.3300. Those lots have been kept in single ownership for tax purposes and are located in the
half acre zoning district. Gaffron noted City standards are not met by each of these individual lots and
that in Staff’s opinion the first proposal was better than what is now being proposed since it was
proposing one house on two lots. Gaffron displayed the applicant's first proposal for this site on the
overhead.
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 2 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 3 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
In order to successfully develop each of the seven lots without causing stormwater runoff issues, the
previously approved comprehensive storm water grading plan must be implemented. The previous plan
was reviewed and approved as part of the plat. However, because the plat will not go forward, the
applicant requires conditional use permit approval to accomplish the same/similar grading plan which
exceeds 500 cubic yards of land alteration. Gaffron noted the applicant is still proposing to have a
comprehensive grading plan and to construct a swale along the back of the properties to divert the runoff
into the existing drainage system.
The grading plan has been slightly revised since the March Planning Commission meeting to eliminate
two, 4-foot high retaining walls on Lots 7 and 8 in favor of a pipe along that shared lot line. While the
City Engineer reviewed the original grading plan and generally approved it, due to the recent change from
a swale to a pipe, additional drainage calculations were requested to verify the acceptability of this pipe
and above-ground overflow. The additional calculations have been submitted and have been found
acceptable.
Gaffron noted one of the questions that was raised a couple of weeks ago regarding this application
relates to a state rule that states that no structure is allowed to be within 50 feet of a federal, state, or
county highway. As a result of that rule, it was unclear whether the southerly 50-foot lot would be
buildable. Gaffron noted in 1992, when the City was adopting its shoreland ordinances, they requested
the DNR give the City an exemption from their standards relating to the height of buildings in the
shoreland and the 50-foot setback from a county right-of-way. Gaffron indicated the City presently has
dozens, if not hundreds, of parcels that have setbacks of 30 to 35 feet from county highways. In southern
Orono there are a number of homes whose only access is on to a county highway. The City was granted
that exemption and the City has never enforced a 50-foot setback from a county highway. As a result, the
property owners have the right to construct on each of these six lots on Maple Place.
Gaffron stated the proposed grading plan, in addition to providing for storm water management,
establishes new elevated building pads for a total of seven homes, including the 1545 Maple Place lot just
north of the original six lots. The existing grade at the south end of the property will be raised one to
three feet, while for the northerly lots the grade will be raised as much as six to eight feet.
Gaffron explained the CUP approval will have the effect of establishing a new “existing grade” for each
lot for building height measurement purposes. The typical home design includes two stories above a
basement. Absent the establishment of a higher existing grade, the basement floors of these homes would
be at pre-existing grade and, by definition, the lowest level of these homes would be considered as a story
rather than as a basement. These homes would then be considered three stories and exceed the City’s
2-1/2 story limit. Gaffron indicated as a result the homes would have to be redesigned. Additionally,
absent establishment of the proposed new existing grade, the homes on the northerly lots would have a
defined height of as much as 33’ and would have to be redesigned or dug much deeper into existing
grade, risking flooding.
According to the statute, and as with the withdrawn plat proposal for three lots, the properties are limited
to 25 percent hardcover each where 30 and 35 percent would normally be permitted by City Code. The
increase in the number of home sites does not result in an increase in total allowed hardcover, only a
change in the location and size of building pads and common lot line swales.
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 3 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 4 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
Each lot is 9,000 square feet in area and is allowed up to 1,500 square feet of structural coverage per City
Code. It should be noted that the conceptual building pads depicted on Exhibit C exceed the 1,500 square
foot structural coverage limit. The oversize pads were shown for grading purposes and to assure
accommodation for varying shapes of potential 1,500 square foot home footprints.
The City Council should discuss whether they want to establish a new existing grade for any of the lots.
At the March 19th Planning Commission meeting, a neighbor who lives directly east of the project site
expressed concerns regarding potential parking issues for so many homes at this location and the fact that
there is no parking along North Shore Drive. People who come to use the beach at the north end of Maple
Place park on Maple Place, as there is little or no parking at the beach. It was also noted that the west
side of Maple Place is posted no car-trailer parking. The neighbor also expressed concern about
screening or buffering of these homes. Gaffron noted there is no requirement in the City's codes that
these homes need to be screened or buffered.
The City has received a letter from Paul Taylor of 3883 Cherry Avenue in opposition to approvals that
would allow construction on the seven lots.
Gaffron noted the applicants are considering installation of a municipal water system extension to serve
these seven lots, which would potentially extend up Minnie Avenue. The applicants have met with Staff,
City Engineer, and the City Attorney to discuss procedures and parameters for such an extension, which
would be brought forward to Council at a future date.
On March 19th, the Planning Commission voted 6-0 to recommend approval of the application as revised,
subject to the recommendations of the City Engineer.
Given the level of neighborhood interest and apparent opposition generated by this seven lot grading
proposal, Staff suggests the Council may wish to re-visit the standards for issuance of a CUP and
determine whether these standards are met. If so, approval of the CUP per the draft resolution would be
warranted.
Rahn asked if each of the lots is less than 10,000 square feet.
Gaffron indicated the lots are 50' x 180' and consist of approximately 9,000 square feet.
Rahn asked if the 1,500 footprint includes a deck.
Gaffron indicated the 1,500 square feet is an allowance for lots that are less than 10,000 square feet. It
would include decks that have a railing six feet above grade, covered entryways, and other factors. The
City Council will need to look at what is considered structural coverage.
McMillan asked if they are also required to keep hardcover under 25 percent.
Gaffron indicated they are required to keep the hardcover below 25 percent for the entire lot.
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 4 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 5 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
McMillan asked how much hardcover would be available for a driveway.
Gaffron indicated 25 percent of 9,000 would leave approximately 750 square feet. If the houses are 40
feet back from the road with a 12-foot wide driveway, it would be difficult to construct a 1,500 square
foot house, deck, and driveway and keep it under the 25 percent hardcover limit.
McMillan asked if there is enough area for a private well on each of the lots.
Gaffron indicated it is Staff’s belief that there is enough room for a well on each lot.
Rahn asked if the City water line would be looped.
Struve indicated there are a number of dead end lines throughout the City so it would not be an
uncommon situation. Struve indicated there would need to be a hydrant at the end that would allow the
City to flush the line.
Gaffron indicated their initial discussion was that Staff would like to see a loop installed. The proposal
gives the potential for a loop. In this situation the City will be extending an existing dead-end, which will
require some extra maintenance.
McMillan asked if the higher grade for the pads is done for the basements.
Gaffron stated if they were to construct a house based on existing grade, there would be an issue with
overland overflow, which could potentially flood the houses. As a result, some grading needs to be done
around the homes to prevent flooding.
Struve stated he does not have the calculations for the overflow with him tonight, but that it is more than
likely the applicant will have to do some sort of grading around the house to minimize the impact of
potential flooding.
Gaffron stated on the lot containing the house, the existing grade is at 938' or 939' and the basement level
would be 939.6'. The next lot south of the drainage way has an existing grade of 934' to 935', with a
proposed basement at 935.6'. In that situation the basement floor would be above the existing grade. The
existing grade for the third lot is at 937' and the proposed is 936.6’. As you go further south, the natural
grade rises and there is more of the proposed basement constructed into the existing ground. Gaffron
noted the applicant is proposing basements for each one of the seven parcels.
Rah asked if the top of the foundation is 945' for all of the parcels.
Gaffron indicated the majority of them are 945’.
McMillan asked how the City defines a basement.
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 5 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 6 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
Gaffron stated at least 50 percent of the perimeter of the lowest floor foundation must have less than a
six-foot exposure from the floor above. Gaffron stated if you look at it from the standpoint of standing on
the main floor level, if you can go down more than six feet to existing grade for more than half of the
existing foundation, then the lower level is considered a story. City Code allows up to two and a half
stories, so someone can have a basement and two stories, which is typical on a walkout.
McMillan asked if all the homes are proposed to be two stories plus a basement.
Gaffron stated the applicant has not indicated otherwise and that it is Staff's assumption the building
layout that was given to the City will be utilized on all of the lots.
Printup noted as it relates to the revegetation requirement, Part C of the resolution talks about an escrow
of $10,000. Printup asked whether the escrow would cover the revegetation and stabilization.
Gaffron indicated the revegetation and stabilization is not a landscape plan but would help to ensure
ground cover. The $10,000 does not necessarily cover anything else.
Printup asked if that requirement would apply prior to the construction of the homes. Printup noted the
lots have been clear cut.
Gaffron stated the applicant has been asked numerous times to provide silt fencing and that he is not sure
whether that has been erected yet at this time.
Rahn indicated there is no silt fence on the site.
Bremer asked if they would be able to do the grading without a conditional use permit.
Gaffron stated each lot needs to be graded in conjunction with the adjoining lot and it was felt that a
conditional use permit would allow them the latitude to follow a comprehensive grading plan for the
entire site.
Bremer asked if that is with the applicant’s agreement.
Gaffron indicated it is.
Mattick noted it is considered one project and that the grading would not be self-contained on each lot.
Bremer asked how much each individual lot would be entitled to move without a conditional use permit.
Gaffron stated they would likely be looking at the 500 cubic yards. Gaffron stated in other similar
situations in the past, the City has dealt with it as a subdivision rather than individual lots.
McMillan noted the land has been clear cut and that as part of this project all seven lots will be reshaped.
McMillan stated when you are talking about reshaping all seven lots at one time and attempting to
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 6 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 7 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
provide drainage for the entire site, now would be an opportunity to discuss trees and landscaping that
would make the development fit in more with the neighborhood.
Gaffron indicated the applicant would need to be asked whether he would be willing to provide a
landscape plan that is comprehensive over the seven lots.
McMillan questioned whether the lots would be so artificially shaped that it would not fit into the rest of
the neighborhood.
Rahn commented the City Council’s hands are basically tied as it relates to the seven houses and that he is
not sure whether all houses at the same grade would fit into the neighborhood. Rahn suggested the
applicant consider following the natural contours perhaps to bring some different dimension to the homes.
Bremer commented she would like to hear from the applicant on why they have chosen to go from three
homes to seven homes and that she has a concern with the marketability of these homes. Bremer stated
she would like some reassurance that there is some interest in this type of development.
McMillan noted the City changed the definition of basement a few years ago due to a concern about a
developer artificially raising the grade and creating something that does not look natural. McMillan
stated she has a lot of concerns about some of the homes located on the northern portion of this site and
the fact that the applicant is proposing more than 2-1/2 stories.
Holmers stated according to his understanding, given the way the lots sit, they are entitled to come in and
obtain a building permit for each individual lot. Holmers indicated they have changed course since last
fall and have increased the number of homes on the site. Holmers indicated they have agreed to redo the
ponding so it improves the drainage because the area currently floods. Holmers stated he will be
incurring that expense and that his engineer has worked with Staff and the City Engineer to resolve the
drainage. Holmers stated they have removed the majority of the trees to help accommodate the grading.
Holmers commented he is a little confused by some of the comments because they are doing more than
what is required to address the flooding issues.
Franchot asked how that relates to the question of artificially raising the grade.
Holmers indicated they can bring in 500 cubic feet in without a conditional use permit.
Franchot noted the height is defined from the existing grade.
Holmers stated they would be willing to comply with the building height restrictions. Holmers stated
they did have a meeting with Staff last Thursday to discuss the drainage and ponding in the rear.
Mattick asked if they do pull individual building permits, whether they would be able to keep all the
drainage from that home on that lot.
Holmers indicated his understanding is that they would have a plan for each lot and that it would flow
from left to right.
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 7 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 8 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
Mattick asked whether the runoff would stay on that individual lot if they elect to apply for individual
building permits.
Holmers indicated he is not sure about that.
Mattick stated one of the reasons for a comprehensive grading plan was to avoid the need to control the
drainage on each specific lot. Staff has not looked at grading for this site on an individual lot basis and
that the required grading and fill for the entire site would exceed 500 cubic yards.
Bremer asked if plans have been drawn up for each lot and whether the drawing that has been presented
tonight is an actual drawing of the house that will be constructed.
Holmers indicated it is the actual drawing.
Bremer asked how many lots would have that type of home constructed on it.
Holmers indicated he is not sure at this time. Holmers stated they do have several different drawings but
that they have not gone further than that.
Bremer asked if the lots would be purchased prior to constructing the homes.
Holmers indicated they do have interest in a couple of the lots already. As it relates to the tree removal,
Holmers stated the last thing they wanted to do was clear the back half of the lots but that they did not
have a choice. Holmers indicated they do plan on bringing in some larger trees and that there will be
landscaping on the lots.
McMillan asked whether any landscaping will be done along the perimeter of the site.
Holmers indicated there would be and that they are attempting to resolve the ponding and grading before
the lots are landscaped.
Bremer asked what the status is of the silt fence.
Holmers stated the silt fence has been ordered.
McMillan asked what will happen to the existing house.
Holmers indicated that will be removed.
Rahn asked what the elevations are from the road to the garage floor.
Gaffron stated on Lot 9 the garage floor is 943' and the street is between 936' and 938', which would be
approximately a six-foot elevation over a space of 40 to 50 feet.
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 8 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 9 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
Rahn commented the City is attempting to manage this as a PUD when it is really single lots. Rahn stated
it would be nice to have some type of elevation drawing for each lot. Rahn asked whether they would be
able to construct at that elevation.
Gaffron indicated they would be.
Rahn asked whether the 2-1/2 story limit will be verified on each building permit.
Gaffron indicated it will be and that the question is whether they will be starting from the new existing
grade or the current existing grade.
McMillan commented not having a second floor will impact the square footage of the house and that
some people do not consider a basement livable space.
Holmers stated given the drainage improvements they will be making, the neighborhood will not flood
like it has in the past.
McMillan noted this is a difficult site to develop since it is located at a low point in the neighborhood.
Holmers indicated they are above the water table with the basements and that the existing house has had a
dry basement for the past 45 years.
Franchot asked how the raised pads for the homes relate to the drainage.
Holmers stated the drainage would flow between Lots 7 and 8.
Martini stated the stormwater management is part of the requirement for the fill. The drainage is designed
to let the runoff drain away slowly, which will help alleviate some of the downstream flooding issues.
Franchot asked the real question for the City Council is what will be defined as the base elevation for
measuring the height of the house. Franchot commented it sounds like the actual landscaping needs to be
done in order to correct the runoff.
Martini stated the way the comprehensive grading plan is put together, that is correct. Martini indicated
part of the elevation is to help maintain a proper cushion between the high water level and the low points.
Rahn asked when defining the height of each house, whether it will be based on the existing grade.
Gaffron stated that Staff is looking for Council direction on what will be defined as the base elevation.
As proposed, they will be establishing a new grade at a higher level, which would enable them to have
higher homes at the north end.
Rahn asked if there is a drainage plan that would work if the existing grade is raised.
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 9 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 10 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
Gaffron stated the proposed drainage plan would work but it would raise the homes on the north end.
McMillan asked how much additional pressure on the storm water drainage system there would be with
the seven homes versus the three homes.
Gaffron illustrated on the overhead the flow of the drainage. The addition of three or seven homes may
not make a big difference.
Martini indicated the City will be putting in three parallel pipes, which will be an improved outlet. The
water that ultimately comes into that area has been calculated and the stormwater plan takes into account
the fact that they will be able to back up some of that water on those seven lots until the three pipes can
take away the water without causing flooding. Currently there is one 15-inch pipe in that area which does
not have sufficient capacity.
Franchot asked why the applicant has increased the number of homes from three to seven.
Holmers indicated that was a choice the group needed to make.
McMillan asked whether they would be willing to reconsider the number of homes in light of tonight’s
discussion.
Holmers stated they probably will not be reconsidering the number of homes.
McMillan commented she is not sure whether the fact that they would not be allowed 2-1/2 stories with a
basement would impact the decision to have seven homes.
Gaffron stated if the homes are three complete stories, that would not be allowed under City Code.
Gaffron stated regardless of where the basement is located, they would only be allowed 2-1/2 stories.
Mayor McMillan opened the meeting for public comment.
Nick Williams, 3843 Cherry Avenue, stated what he has seen presented tonight and what has been
discussed the past couple of weeks is not what he would consider congruent with the character of the
neighborhood. The applicant is talking about putting houses within 25 feet of one another on what used
to be a completely wooded lot. This proposal makes this look like a city block in a neighborhood that
does not look like a city block.
Williams indicated kids utilize Sandy Beach along with a number of the other neighbors. This proposal
will have an impact on the park. Williams expressed concern about what this development will look like
moving forward and questioned whether it is for the betterment of the community.
Williams stated he appreciates City Council Member Bremer’s comments on the marketability of these
homes. The price point on these homes is advertised between $380,000 and $410,000, which means they
are talking over $250 per square foot on a 1,500 square foot home, which is way beyond market
comparables.
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 10 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 11 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
Holmers pointed out they are not 1,500 square foot homes since that is just the structural coverage and
that they will have four bedrooms up and a den downstairs. The homes will consist of between 2,200 to
2,300 finished square feet. If the basement is finished, the home would be over 3,000 square feet.
Printup stated when he was looking on line a couple of days ago, he found a similar home in a different
city that was not anywhere close to the asking price of these homes. Printup commented he does have a
concern with the demand for this type of house.
Matt Herman, 3825 Cherry Avenue, indicated he is in agreement with Nick Williams and that he has
submitted a letter to the City outlining his concerns. Herman indicated he is not aware of any flooding
issues in the neighborhood and that in his view seven homes would have a negative impact on the
neighborhood and it should be reconsidered.
Linda Tyson, 1360 North Arm Drive, stated the neighbors have to look at these homes for a long time and
that they would appreciate it if they would only construct three homes to make it look more like it belongs
in the neighborhood.
Holmers stated they would not be able to make a profit on three homes. Holmers noted that he will be
living in one of the homes, so he will be a part of the neighborhood.
Carin Offerman, 3826 Cherry Avenue, stated even though everyone does not feel it fits into the
neighborhood, she would encourage the City Council to continue to work with the applicant on this
project. Offerman stated if they feel the drainage system will work, that would be improvement. In
addition, the higher value homes might be good for the neighborhood. Offerman stated in her view the
residents should work with the applicant to be a good neighbor and try to make this as aesthetically
pleasing as possible.
Paul Taylor, 3883 Cherry Avenue, stated he is attempting to figure out how the developer will get $2.4
million for these seven homes when the surrounding houses, with more acreage than these lots, are
appraised at less than $300,000 each. Taylor stated he fails to see how the builder is going to get $2.4
million out of 1.4 acres and seven houses. Taylor commented he may erect a sign on his property saying
he owns nine-tenths of an acre and that he'll sell it for a million dollars. Taylor stated in his view it is an
eyesore and that he will have to look at it every day.
Taylor asked where the front drainage will go. Taylor pointed out if the driveways are six feet higher
than the road, it could go across the road.
Struve stated the existing grade does drain to the low spot. It is anticipated the runoff would drain to the
north and follow the road.
Taylor stated the beach has been used by boaters in the past and asked whether the owners of these lots
will be using the beach as their own private dock. If so, buoys should be erected to protect the beach.
Rahn asked how many cubic yards of fill will be brought in.
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 11 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 12 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
Gaffron stated he has not seen an actual figure and that they will be using some of the dirt from the pond
that will be constructed. Gaffron stated it is doubtful that will be enough fill to grade around all the
houses.
Holmers stated Mark Gronberg feels it will be sufficient. Holmers indicated it is his understanding the
southern two or three lots do not need much grading and that they will be able to use the dirt from the
basements and the pond.
McMillan asked if that would be good quality fill.
Holmers indicated that has yet to be determined.
McMillan asked if there are any wetlands on this property.
Holmers indicated there are no wetlands on the property.
Steven Englund, 3855 Cherry Avenue, stated it was wetlands at one time and then filled in, which would
not be allowed in today’s settings. Englund stated he would like to know what it was filled in with and
that it should be checked with soil borings.
Englund stated he is also confused on the setback for the first lot and asked what the setback would be.
Gaffron indicated it would be 15 feet from the county road and that the City was given an exemption a
number of years ago from the state statute.
Englund commented it appears that they are picking and choosing which statutes to use.
Gaffron stated the statutes relating to the setbacks from a county or state road were all chosen by the state
and the City a number of years ago and that the City was granted an exemption from the 50-foot setback.
When it was brought to Staff's attention that there was this wording in the state statutes, Staff investigated
it and found that the City was granted an exemption from the 50-foot setback and that they have always
granted a 30 or 35-foot setback in similar situations.
Englund asked why it is not a 30 or 35-foot setback in this case.
Gaffron stated that lot essentially has two fronts and that the street is considered a side street, which
requires a 15-foot side street setback. Gaffron indicated that leaves them 25 feet for a house width on that
lot.
Englund commented 15 feet off County Road 19 is not an ideal place to live.
Printup commented in his view this development does change the character of the neighborhood and that
he is tempted to make a motion to table this application but that he would like to come to some kind of
conclusion on this application tonight if possible.
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 12 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 13 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
McMillan stated she personally would like to see a landscape plan given the amount of structure and
grading that is being proposed for this area.
Mattick stated the grading plan was initially required to handle the water runoff, and if implemented, it
would alter the natural character of those lots and the City Council can then determine whether a
landscape plan should be required. When you are dealing with water, there are things such as rain
gardens and other amenities to help with the runoff. Mattick stated trees and other landscaping may not
directly impact the flow of the water, so the City Council will need to find there is a connection between
the grading plan and a landscaping plan.
Rahn stated he would like to see what the design of the home would look like if you use the existing
grade. Rahn stated in his view they should not establish a new grade and that it is likely that will impact
the height of the proposed homes.
McMillan commented she would also like to see that.
Rahn stated he would also like to see the elevations from the street in conjunction with how the homes
would sit on the lots. Rahn reiterated he would prefer to use the existing grade rather than a new grade.
McMillan indicated she is in agreement with using the existing grade.
Gaffron noted the draft resolution establishes a new existing grade and that Staff would want to add some
language that clarifies that issue.
McMillan commented the developer needs to understand that there will be limitations on the height of the
home as well as the amount of square footage. McMillan stated a landscape plan would help illustrate
how everything would fit on this site and that she would like to table the application and then review it
again after that has been submitted.
Rahn stated it is difficult to try and decipher how the homes will fit on the lots with the two different
methods of measurement.
Franchot indicated he is in agreement with Mayor McMillan and Council Member Rahn and that it
appears the applicant will need to comply with existing grade. Franchot stated he would encourage the
applicant to review his plan to make sure that it will still work utilizing existing grade. Franchot
commented he likes the idea of a landscape plan to help give an appreciation of what will be on the site.
Holmers stated at that point they would then just apply for a single building permit at a time.
Gaffron asked whether any special conditions would need to be attached to that building permit absent a
comprehensive grading plan.
Mattick stated if the applicant is not granted a conditional use permit and the applicant applies for
separate building permits, they would need to deal with existing grade and they would need to show at the
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 13 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 14 of 16
(4. #12-3546 TODD HOLMERS ON BEHALF OF MAPLE PLACE, LLC, 1545 MAPLE
PLACE, Continued)
time of applying for the building permit how they will deal with the drainage. If they can do that without
a comprehensive grade plan, the building permit would be issued.
Rahn asked whether the applicant would rather have it denied rather than tabled.
Holmers stated he would need to consult with the other members of his group.
Printup moved, Rahn seconded, to table Application #12-3546, Todd Holmers on behalf of Maple
Place, LLC, 1545 Maple Place.
Gaffron noted this application has a 60-day review period that expires May 4th. Within the next day or
two Staff will be sending a letter to the applicant extending the review period to 120 days.
VOTE: Ayes 5, Nays 0.
CITY ENGINEER'S REPORT
Struve stated he has nothing to report.
MAYOR/COUNCIL REPORT
Franchot reported Mayor McMillan, City Engineer Struve, City Administrator Loftus, and himself
attended another meeting with the Long Lake Utility Task Force. Franchot commented the task force is
making progress on developing a document that memorializes all of the infrastructure connection points
underground. There are currently 350 sewer hookups contained in the fire station agreement and the task
force will be discussing that at the next meeting.
Franchot stated one of the issues before the Lake Minnetonka Communications Commission is that there
are huge tracts of land where residents have no availability to cable because the cable company does not
feel it will make a profit expanding service to those areas. The LMCC is looking at expanding a couple
of test sites for YMax technology. While that technology will not completely solve the problem due to
the broadband restrictions, it would give some people the ability to sign up with Mediacom.
McMillan asked for the definition of YMax.
Franchot stated YMax is similar to WiFi but has greater range and performs better outdoors. Franchot
indicated it is similar to what the City of Minneapolis has recently installed.
McMillan thanked Jan Callison of Hennepin County for helping Orono obtain the grant for the Crystal
Bay playground equipment. McMillan noted the new equipment will be purchased sometime this
summer.
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 14 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 15 of 16
CITY ADMINISTRATOR'S REPORT
5. YEAR-TO-DATE GENERAL FUND BUDGET INFORMATION
Ron Olson noted it is the end of the first quarter and that at this time of the year he likes to see
expenditure numbers at approximately 25 percent. Olson noted revenue numbers are typically low for
this time of year since the City does not receive any tax payments until June 20th. In July the City will
receive the other third. By the end of the year, the City should be at about 98 percent of its revenues. At
the present time the City has received 6.3 percent of its revenues, which is normal for this time of year.
Olson noted building permits are already at 28 percent, which is a good sign. Olson stated the graph
shows first quarter revenues over the past two years. Revenues are a little lower this year than last year
but they are expected to go up over the next three quarters.
Olson stated overall expenditures are currently at 22.89 percent for the quarter. The majority of the
departments are around or under 25 percent. The slight overages in some of the departments are due to
annual membership fees or training.
Olson noted the golf course opened in March due to the nice weather but that it is too early to tell what
the revenues will be for this year.
McMillan stated she would like to have a dollar comparison for this year to last year's revenues and
expenditures.
Olson indicated he will do that for the second quarter.
McMillan asked if the golf course has its own website and domain name.
Olson stated the golf course is included on the City’s website.
McMillan commented it might be a good idea for the golf course to have its own domain name and
website, especially given the upcoming construction in that area.
Olson stated they can obtain a domain for between $25 and $50.
CITY ATTORNEY'S REPORT
City Attorney Mattick had nothing to report.
*6. LICENSES AND PERMITS
None
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 15 of 16]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 23, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 16 of 16
*7. BILLS
Bremer moved, Franchot seconded, to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
CLOSED MEETING
8. PERFORMANCE EVALUATION FOR CITY ADMINISTRATOR
Bremer moved, Rahn seconded, to adjourn the Orono City Council meeting at 8:54 p.m., to enter
into closed session. VOTE: Ayes 5, Nays 0.
(The City Council went into closed session from 8:54 p.m. to 10:03 p.m.)
ADJOURNMENT
Bremer moved, Rahn seconded, to adjourn the Orono City Council meeting at 10:04 p.m. VOTE:
Ayes 5, Nays 0.
ATTEST:
______________________________________ ______________________________________
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Item #03 - CC Agenda - 05/14/2012
Approval of Council Minutes 04/23/2012
[Page 16 of 16]
MINUTES OF THE
RECONVENED 2012 LOCAL BOARD OF APPEAL AND EQUALIZATION
Monday, April 30, 2012
6:00 p.m.
_____________________________________________________________________________________
Page 1
ROLL CALL
The Orono Board of Appeal and Equalization met on the above-mentioned date with the following
members present: Mayor Lili Tod McMillan and Council Members Cynthia Bremer, Doug Franchot and
David Rahn. Representing Staff were City Administrator Jessica Loftus and Finance Director Ron Olson.
Hennepin County Assessor Tom Kunik was present.
Mayor McMillan called the meeting to order at 6:00 p.m.
APPROVAL OF MINUTES - APRIL 18, 2012
Bremer moved, Rahn seconded, to approve the minutes of the Orono Board of Appeal and
Equalization of April 18, 2012, as submitted. VOTE: Ayes 4, Nays 0.
COUNCIL ACTION ON ASSESSOR'S RECOMMENDATIONS
Kunik stated only one of the four properties, 360 North Arm Lane, requested an inspection. His
recommendations on the valuations are as follows:
1. Brian J. & Emily L. Hedeen, 360 North Arm Lane – following an inspection of the property, the
valuation was reduced from $636,000 to $592,000 based on the condition of the home, comparables and
recalculation using the computer assisted mass appraisal system.
2. T.P. & E.H. (Betsy) LaBelle, 539 Keene Avenue – original estimated market value of $607,000;
no change recommended.
3. William & Nancy Bockmann, 1130 Loma Linda Avenue – original estimated market value of
$746,000; no change recommended.
4. John & Phoebe Stavig, 780 Brown Road North – original estimated market value of $585,000; no
change recommended.
Mr. Hudeen, 360 North Arm Lane, thanked the Council for their time. He indicated he is considering
some improvements in the next year and is aware the assessment may change.
Kunik stated if any of these four property owners still want to appeal, they would call the phone number
on the valuation notice to make application for the County Board. Another appraiser from the Hennepin
County Assessor’s Office would visit the property and the comp grid would be used for the County
Board.
Rahn asked about the $200,000 reduction in one year on the Loma Linda property.
Kunik noted the property value dropped 0.21% from 2010 to 2011 as there were no comparable sales at
that time, with the big drop in value this year. Sales this year dropped and the assessor visited the site.
The assessors have been looking at site adjustments for properties with water access in the winter because
of complaints. This property had a site adjustment in accordance with equalization of other sites.
Item #04 - CC Agenda - 05/14/2012
Approval of Reconvened Local Board of Review April 30, 2012
[Page 1 of 2]
MINUTES OF THE
RECONVENED 2012 LOCAL BOARD OF APPEAL AND EQUALIZATION
Monday, April 30, 2012
6:00 p.m.
_____________________________________________________________________________________
Page 2
Loftus noted there were some surprising sales on Loma Linda.
Rahn expressed concern with the large decrease in one year on the Loma Linda property.
Kunik stated he didn’t have all the data with him, but there may have been data from previous years
documenting the valuation reduction.
Bremer moved, Franchot seconded, to approve the 2012 recommendations of the Hennepin County
Assessor's Office.
VOTE: Ayes 4, Nays 0.
ADJOURNMENT
Bremer moved, Franchot seconded, to adjourn the Orono Board of Appeal and Equalization at
6:14 p.m. VOTE: Ayes 4, Nays 0.
ATTEST:
________________________________________ _______________________________________
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Item #04 - CC Agenda - 05/14/2012
Approval of Reconvened Local Board of Review April 30, 2012
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. `"' � �
Mike Gaffron
From: Mike Gaffron
Sent: Monday, May 14, 2012 3:32 PM
To: 'highlane1 @mac.com'
Cc: Jessica Loftus
Subject: Storm Water& Drainage Trunk Fee
Attachments: SW&DT Fees Collected History-Single Family Residential.pdf
Kevin—
Attached is a compilation of single family residential subdivisions in Orono since inception of the Storm Water&
Drainage Trunk Fee in 2001. In each case where one of the new lots created by the subdivision process contains an
existing residence,that lot has been subject to the SW&DT Fee. Whenever a property is subdivided, both the new
vacant lot(s) as well as the newly-defined lot containing the existing residence, are considered as 'new development' for
the purposes of this ordinance. The City has been consistent in charging this fee for subdivisions similar or nearly
identical to yours, i.e. those highlighted in orange on the attached listing.
I will have copies of the attached Fee History available for the Council tonight should the need arise.
Mike
Michael P.Gaffron
Assistant City Administrator/Long Term Strategy
City of Orono
(Street Address)2750 Kelley Parkway
(Mailing Address) P.O. Box 66,Crystal Bay, MN 55323
Phone: (952)249-4600
Fax: (952)249-4616
1
�
SW&DT Fees Collected with Single Family Residential Subdivisions/New Development
Since Inception of Ordinance in December 2001
Date File# Subdivision #New Lots # New # Total Lots Total Acreage Acreage SW&DT Fee Based On Total
w/Existing Vacant Lots SW&DT
House to Fee Paid
Remain
Sept. 2002 02-2810 Idyllvale Farm 0 2 2 8.63 ac 8.63 x $2700/ac $ 23,301
Oct 2002 02-2845 Stubbs Farm 1 1 2 7.61 ac 2 lots totaling 7.61 ac @ $2,700/ac $ 20,547
Sept 2003 02-2839 Mintaka 0 2 2 50.91 ac 2 lots at 4.0 ac @ $2700/ac $ 21,600
April 2004 04-2968 Stubbs Bay Addition 0 2 2 4 ac @ $2700+234 ac @ $2700/ac $ 17,118
June 2004 04-3003 Maxwell Bay Estates 1 2 3 12 ac 3 lots @ 4.0 ac $ 32,400
June 2004 04-2978 Mallyvale 0 2 2 (4.0 ac) 1 lot @ 4.0 ac @ $2700/ac `Because the subdivision is primarily the rearrangement $ 10,800
3220 Watertown Rd. of two existing lots in order to make the northerly lot buildable, the argument can be
made that only the newly buildable lot(Lot 1) should be subject to the Storm Water
and Drainage Trunk Fee which is charged for land being developed."
Nov 2004 03-2937 Englund Third Add. 1 1 2 4.0 ac 4.0 ac @ $2700/ac $ 10,800
Feb 2005 04-3016 Creekside in Orono 0 7 7 20.0 ac 20 ac x $2700/ac $ 54,000
March 2005 03-2961 Spring Hill Estates 1 2 3 23.9 ac 3 lots x 4.0 ac @ $2700 $ 32,400
July 2006 OS-3131 Glendale Cove 1 8 9 5.6 ac 5.6 ac x $4,275/ac $ 23,940
July 2006 08-3363 Fox Island 1 5 6 57 + ac 23.16 ac (41ots @ 4.0 ac + 1 lot at 2.62 ac + 1 lot at 2.16 ac+2.38 ac road & $ 64,153
driveway outlots) x $2770/ac
Nov 2006 OS-3161 Sherri Lakeview Estates 2 3 5 3.85 ac 3.85 ac @ $4160/ac $ 16,016
March 2007 06-3169 Diesen Development 1 1 2 13.79 ac 1 lot of 6.14 ac $$2280/ac plus 1 lot of 7.0 ac @ $2280/ac $ 29,959
Sept 2007 07-3275 Graham Hill 0 13 13 40.1 ac 40.1 ac @ $3050/ ac $122,305
Sept 2008 07-3312 Rolling Meadows Fourth 1 1 2 5.0 ac 5.0 ac @ $3050/ac $ 15,250
Oct 2008 08-3385 Majestic Spruce Add. 1 1 2 12.3 ac 2 lots of 4.0 ac at$3200/ac $ 25,600
June 2009 09-3409 Wyndmere 2°d Addition 1 1 2 7.57 ac 2 lots totaling 7.57 ac @ $3330/ac $ 25,208
August 2010 10- 3478 Kintyre Two 0 6 6 16.7 ac 16.7 ac @ $3330/ ac $ 55,611
May 2012 12-3550 Proposed Graham Hill 1 1 2 7.6 ac 1 lot of 2.37 ac @ $3660/ac plus 1 lot of 4.0 ac @ $3660/ac $ 23,314
2nd
Orange shading indicates subdivisions in which one or more existing residences were expected to remain in place on one of the new lots. In every case the existing home lot has been charged the SW&DT Fee.
, Synopsis of May 10, 2012 Meeting between Todd Holmers, Maple Place LLC
and
� Cherry Avenue Neighbors
7 p.m., St.John's Lutheran Church, Mound, MN
The following Cherry Avenue Neighbors were in attendance:
Mark and Mary Dobratz, 3865 N. Shore Drive
Steve Englund, 3855 Cherry Avenue
Rob Englund, 3860 Cherry Avenue
Roger and Cheryl Granning, 3898 N. Shore Drive
Matt and Amy Herman, 3825 Cherry Avenue
Paula Johnson, 3818 N. Shore Drive
Dick Loscheider, 3898 Cherry Avenue
Eric Svien and Carin Offerman, 3826 Cherry Avenue
Paul and Mary Taylor, 3883 Cherry Avenue
IVick Williams, 3843 Cherry Avenue
Todd Holmers, Maple Place LLC
David Rahn, Orono City Council
Key points made by Todd Holmers:
- Maple Place LLC is unwilling to change the planned development of seven
homes on the seven 50-foot lots due to financing
- If not Maple Place LLC the development will be completed by another
developer who will build 71ess attractive homes
- Stated that hope is to build homes in the $370,000 range
- Indicated that there is a buyer very interested in Lot 7, closest to Sandy
Beach public access
- No response to concerns about small lot size versus reality of needing room
for recreational equipment like boats, wave-runners, etc.
- Stated that home values of existing houses in the neighborhood would not be
negatively affected
- Property at 3925 Cherry Avenue will be occupied by Todd Holmers. No
explanation as to why the property is listed on a MLS website called
�n��v�v.zill�w.com
p. 1of2
. Key concerns made by Cherry Avenue Neighbors:
� - Home size will lead to high turnover, adversely affecting property values in
the area
- High amount of traffic on narrow Maple Place street
- Short and narrow driveways will lead to high amount of street parking
- Lack of room in garages will promote outdoor boat and recreational vehicle
storage
- Small yards bordered by a dry pond will make the yards too small for play
spaces leading to children playing on Maple Place street,which is a main
thoroughfare in the neighborhood. (major concern for all neighbors)
- Concerns about drainage from the proposed development into Lake
Minnetonka by way of the public beach
- Refusal of developer to compromise with the neighborhood
Key priorities of Cherry Avenue Neighbors:
- Lower density housing, no more than 3 homes,evenly spread across the 71ots
- Higher quality homes with 3-car garages to help elevate property values,
maintain stable ownership and reduce yard clutter
- Resulting development to complement the wooded nature of the current
neighborhood
The following neighbors who did not attend the May 10 meeting between the Cherry
Avenue Neighbors and Todd Holmers stated that they support a three-home
development at the 1545 Maple Place property. Those neighbors include:
Doug and Ann Englund, 3884 Cherry Avenue
Thomas Dorrel and Evelyn Haas, 3820 N. Shore Drive
Wendy J. Johnson, Crystal Bay
Linda Thiesen, 1367 N.Arm Drive
Res ectfully sub itted,
Amy eel�man
May 14, 2012
p. 2of2
Item #09 - CC Agenda - 05/14/2012
File #12-3550 [Total Pages 21]
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File #12-3550 [Total Pages 21]
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File #12-3550 [Total Pages 21]
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File #12-3550 [Total Pages 21]
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File #12-3550 [Total Pages 21]
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File #12-3550 [Total Pages 21]
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File #12-3550 [Total Pages 21]
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File #12-3550 [Total Pages 21]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
Item #10 - CC Agenda - 05/14/2012
File #12-3553 [Total Pages 16]
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File #12-3553 [Total Pages 16]
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File #12-3553 [Total Pages 16]
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File #12-3553 [Total Pages 16]
Item #11 - CC Agenda - 05/14/2012
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Item #12 - CC Agenda - 05/14/2012
Planning Commission Applications [Page 1 of 9]
Item #12 - CC Agenda - 05/14/2012
Planning Commission Applications [Page 2 of 9]
Item #12 - CC Agenda - 05/14/2012
Planning Commission Applications [Page 3 of 9]
Item #12 - CC Agenda - 05/14/2012
Planning Commission Applications [Page 4 of 9]
Item #12 - CC Agenda - 05/14/2012
Planning Commission Applications [Page 5 of 9]
Item #12 - CC Agenda - 05/14/2012
Planning Commission Applications [Page 6 of 9]
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Planning Commission Applications [Page 7 of 9]
Item #12 - CC Agenda - 05/14/2012
Planning Commission Applications [Page 8 of 9]
Item #12 - CC Agenda - 05/14/2012
Planning Commission Applications [Page 9 of 9]
Item #13 - CC Agenda - 05/14/2012
Carman Bay Shoreline Restoration Project Award [Page 1 of 6]
Item #13 - CC Agenda - 05/14/2012
Carman Bay Shoreline Restoration Project Award [Page 2 of 6]
Item #13 - CC Agenda - 05/14/2012
Carman Bay Shoreline Restoration Project Award [Page 3 of 6]
Item #13 - CC Agenda - 05/14/2012
Carman Bay Shoreline Restoration Project Award [Page 4 of 6]
Item #13 - CC Agenda - 05/14/2012
Carman Bay Shoreline Restoration Project Award [Page 5 of 6]
Item #13 - CC Agenda - 05/14/2012
Carman Bay Shoreline Restoration Project Award [Page 6 of 6]
Item #14 - CC Agenda - 05/14/2012
Park Equipment Grant Agreement [Page 1 of 8]
Item #14 - CC Agenda - 05/14/2012
Park Equipment Grant Agreement [Page 2 of 8]
Item #14 - CC Agenda - 05/14/2012
Park Equipment Grant Agreement [Page 3 of 8]
Item #14 - CC Agenda - 05/14/2012
Park Equipment Grant Agreement [Page 4 of 8]
Item #14 - CC Agenda - 05/14/2012
Park Equipment Grant Agreement [Page 5 of 8]
Item #14 - CC Agenda - 05/14/2012
Park Equipment Grant Agreement [Page 6 of 8]
Item #14 - CC Agenda - 05/14/2012
Park Equipment Grant Agreement [Page 7 of 8]
Item #14 - CC Agenda - 05/14/2012
Park Equipment Grant Agreement [Page 8 of 8]
Item #15 - CC Agenda - 05/14/2012
Accept Donation for Bike Rack [Page 1 of 2]
Item #15 - CC Agenda - 05/14/2012
Accept Donation for Bike Rack [Page 2 of 2]
Item #16 - CC Agenda - 05/14/2012
Banner Design Request for Navarre [Page 1 of 2]
Item #16 - CC Agenda - 05/14/2012
Banner Design Request for Navarre [Page 2 of 2]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 1 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 2 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 3 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 4 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 5 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 6 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 7 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 8 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 9 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 10 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 11 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 12 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 13 of 14]
Item #17 - CC Agenda - 05/14/2012
Authorize Residential Recycling Grant Agreement with Hennepin County [Page 14 of 14]
Item #18 - CC Agenda - 05/14/2012
Metro West Inspection Services, Inc. [Page 1 of 2]
Item #18 - CC Agenda - 05/14/2012
Metro West Inspection Services, Inc. [Page 2 of 2]
Item #19 - CC Agenda - 05/14/2012
Safe Assure Cooperative Safety Training [Page 1 of 10]
Item #19 - CC Agenda - 05/14/2012
Safe Assure Cooperative Safety Training [Page 2 of 10]
Item #19 - CC Agenda - 05/14/2012
Safe Assure Cooperative Safety Training [Page 3 of 10]
Item #19 - CC Agenda - 05/14/2012
Safe Assure Cooperative Safety Training [Page 4 of 10]
Item #19 - CC Agenda - 05/14/2012
Safe Assure Cooperative Safety Training [Page 5 of 10]
Item #19 - CC Agenda - 05/14/2012
Safe Assure Cooperative Safety Training [Page 6 of 10]
Item #19 - CC Agenda - 05/14/2012
Safe Assure Cooperative Safety Training [Page 7 of 10]
Item #19 - CC Agenda - 05/14/2012
Safe Assure Cooperative Safety Training [Page 8 of 10]
Item #19 - CC Agenda - 05/14/2012
Safe Assure Cooperative Safety Training [Page 9 of 10]
Item #19 - CC Agenda - 05/14/2012
Safe Assure Cooperative Safety Training [Page 10 of 10]
Item #20 - CC Agenda - 05/14/2012
Court Data Services Amendment [Page 1 of 11]
Item #20 - CC Agenda - 05/14/2012
Court Data Services Amendment [Page 2 of 11]
Item #20 - CC Agenda - 05/14/2012
Court Data Services Amendment [Page 3 of 11]
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Court Data Services Amendment [Page 4 of 11]
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Court Data Services Amendment [Page 5 of 11]
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Court Data Services Amendment [Page 6 of 11]
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Court Data Services Amendment [Page 7 of 11]
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Court Data Services Amendment [Page 8 of 11]
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Court Data Services Amendment [Page 9 of 11]
Item #20 - CC Agenda - 05/14/2012
Court Data Services Amendment [Page 10 of 11]
Item #20 - CC Agenda - 05/14/2012
Court Data Services Amendment [Page 11 of 11]
Item #21 - CC Agenda - 05/14/2012
Performance evaluation for City Administrator [Page 1 of 1]
Item #22 - CC Agenda - 05/14/2012
Licenses & Permits [Page 1 of 11]
Item #22 - CC Agenda - 05/14/2012
Licenses & Permits [Page 2 of 11]
Item #22 - CC Agenda - 05/14/2012
Licenses & Permits [Page 3 of 11]
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Licenses & Permits [Page 4 of 11]
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Licenses & Permits [Page 5 of 11]
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Licenses & Permits [Page 6 of 11]
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Licenses & Permits [Page 7 of 11]
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Licenses & Permits [Page 8 of 11]
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Licenses & Permits [Page 9 of 11]
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Licenses & Permits [Page 10 of 11]
Item #22 - CC Agenda - 05/14/2012
Licenses & Permits [Page 11 of 11]
Item #23 - CC Agenda - 05/14/2012
Bills [Page 1 of 10]
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Bills [Page 2 of 10]
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Bills [Page 3 of 10]
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Bills [Page 4 of 10]
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Bills [Page 5 of 10]
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Bills [Page 6 of 10]
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Bills [Page 7 of 10]
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Bills [Page 8 of 10]
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Bills [Page 9 of 10]
Item #23 - CC Agenda - 05/14/2012
Bills [Page 10 of 10]