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Home My WebLink About11-25-2013 Council Packet PUBLIC ATTENDANCE ! � _ -� r; _, � -� MEETING DATE - , e 3 I� COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER � � � � ' � . _ ,. 1. �� " �� ..'.�... �\;� i:� �� `�.�a'�„ �� — � , ""� i 2. I .. ., , , _ ` ` ` lA. . � , .:✓'s_ • ,. '.,. f �:. 1� .., ��i_y� '"� - � -'� . C_,;ta.,� i.�� —t.,4✓�t, �..� � . �'� 3. ., . . . .. : f s 4. j .L i ! .� �r � ( d `;.'� i�l,!�, l - i_' ��1�. �.�.�� l.( ( I�c' �..'� 'iV. Y , i _.,4 ' ; — ", t � . � � � r��1� '�� f CJ `� : . `\ <<�i — . 5. � , > �' � ; �- �G' ;:. � ,,, a � 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. V:\(LEGAL FORMS�\(FORMS�\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, November 25, 2013, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 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 November 12, 2013 Presentation 3. CSAH 112 Improvement Project – (Public Input Invited) Planning Commission Comments – Loren Schoenzeit, 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 4. 13-3615 James Anderst, 3384-3386 Shoreline Drive, CUP – Class II Restaurant 5. 13-3616 City of Orono, Zoning Code Amendment – Alternative Energy Systems, Ordinance 6. 13-3631 Landsource, LLC (Todd Holmers), 3700 Northern Avenue, Preliminary Plat - Resolution 7. 13-3640 James Murphy & Sandra Smith, 20 and 30 Orono Orchard Rd N, Lot Line Rearrangement - Resolution 8. 13-3642 Ziv & Tali Liberman, 2690 Caroline Ave, Variance - Resolution 9. 13-3643 John Brunello, 825 Willow Dr S, Variances - Resolution Public Works Director/City Engineer’s Report 10. Public Works Maintenance Worker 11. 2014 Navarre Street Light & Sidewalk Project Mayor/Council Report City Administrator's Report 12. Architectural Services and Construction Management Contracts Agenda for Council Meeting Set for Monday, November 25, 2013, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification City Attorney's Report 13. Licenses & Permits - 2014 Liquor License Renewals * 14. Claims/Bills 15. Closed Meeting Adjournment Upcoming Events 2013 11/28 – Holiday – Thanksgiving Day – Offices Closed 11/29 – Holiday - Day After, Thanksgiving – Offices Closed 12/09 – Final Tax Levy & Budget Meeting, Monday, 6:30 pm – Public Input Invited 12/09 – Council Meeting, Monday, 6:30 p.m. 12/25 – Holiday – Christmas Day – Offices Closed MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 36 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Cynthia Bremer, Lizz Levang, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, Public Works Director/City Engineer Jesse Struve, City Attorney Andrea McDowell Poehler, and Recorder Jackie Young. City Council Member Kristi Anderson arrived at 7:33 p.m. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA Item Nos. 4, 5, 6, 9 through 15 were added to the Consent Agenda. Levang moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION OF OCTOBER 28, 2013 Levang moved, Bremer seconded, to approve the minutes of the Orono City Council Work Session of October 28, 2013, as submitted. VOTE: Ayes 4, Nays 0. *3. REGULAR CITY COUNCIL MEETING OF OCTOBER 28, 2013 Levang moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of October 28, 2013, as submitted. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS – DENISE LESKINEN, REPRESENTATIVE Leskinen reported the Planning Commission has completed its initial review of the City’s alternative energy ordinance and a public hearing on the draft ordinance will be held at the November 18 Planning Commission meeting. LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVE McDermott stated approximately 98 percent of the docks on Lake Minnetonka have been taken in. At its meeting last week, the LMCD reviewed a de-icing permit from Sailor’s World. McDermott noted the current owners for the past two or three years have had no issues and the permit was renewed by the LMCD with the majority of the restrictions on the permit being removed. The restrictions regarding the flashing light near the City’s access point and the snow fence are still in effect. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 1 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 36 (LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVE, Continued) The LMCD will be holding its Lake Minnetonka boater safety education pilot program this Saturday from 8 a.m. to 5 p.m. The fees to attend are being covered by the Hennepin County Sheriff’s Water Patrol. At the current time there are approximately15 participants signed up, with room for 30 students. The program consists of a full day of training. There will be a final exam and the students will receive a certificate upon successful completion. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT *4. #13-3622 LANDSOURCE, LLC (TODD HOLMERS), 1645 SHADYWOOD ROAD, SUBDIVISION – PRELIMINARY PLAT APPROVAL – RESOLUTION NO. 6338 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6338, a Resolution Approving a Preliminary Plat for the Property Located at 1645 Shadywood Road. VOTE: Ayes 4, Nays 0. *5. #13-3623 CLAIRSON DUTRA ON BEHALF OF LIN YAN, 1330 CHERRY PLACE, CONDITIONAL USE PERMIT AND VARIANCE – RESOLUTION NO. 6339 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6339, a Resolution Granting Variances from Municipal Zoning Code Sections 78-1279, 78-1282, and 78-1680, and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-966, for the property located at 1330 Cherry Place. VOTE: Ayes 4, Nays 0. *6. #13-3626 LORI GHERADRI O/B/O STEPHENSON HOLDINGS, INC. – PLAT OF PINE VIEW – STREET NAME ASSIGNMENT FOR PINE VIEW DRIVE Levang moved, Bremer seconded, to approve the assignment of the name Pine View Drive to the private road in the plat of Pine View. VOTE: Ayes 4, Nays 0. 7. #13-3631 LANDSOURCE, LLC (TODD HOLMERS), 3700 NORTHERN AVENUE, SUBDIVISION – PRELIMINARY PLAT – PLANNED RESIDENTIAL DEVELOPMENT Todd Holmers, Applicant, was present. Gaffron stated the applicant is requesting preliminary plat approval for a residential subdivision to create six individual residential building lots for single-family homes. The proposed development would require a conditional use permit to allow development via the Planned Residential Development process. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 2 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 36 (7. #13-3631 LANDSOURCE, LLC (TODD HOLMERS), 3700 NORTHERN AVENUE, SUBDIVISION – PRELIMINARY PLAT – PLANNED RESIDENTIAL DEVELOPMENT, Continued) The Planning Commission has reviewed this application on two occasions. The plans reviewed at the October meeting were revised based on comments received at the September Planning Commission meeting. The initial proposal in September included the use of back lots which would have resulted in most of the site being graded and developed. The Planning Commission felt the use of back lots would not conform to all code requirements, reduces the ability to preserve a substantial portion of the property, and has potential stormwater management issues. As a result, the Planning Commission did not support the use of back lots for this subdivision and recommended that the applicant develop the site as a planned unit development rather than as a standard plat, with all homes being located near Northern Avenue. In addition, the Planning Commission recommended that dedication of the right-of-way for Northern Avenue be limited to 30 feet since dedication of more than 30 feet would be inconsistent with the adjacent 1983 dedication and would result in the creation of nonconforming setbacks for existing homes if it were extended eastward. Gaffron stated the property consists of approximately five acres and is mostly wooded. There is a one- acre wetland in the center of the property which makes it difficult to create an efficient layout in which to position homes on one-half acre parcels throughout the site. There is also considerable desire on the part of the neighborhood to preserve as much of the natural character of the site as possible. Gaffron noted the lots in the surrounding neighborhood vary widely in size. The revised proposal reviewed at the October Planning Commission meeting included two optional layouts. Option 1 would create six long, narrow lots extending the full depth of the property. Each of the homes located near Northern Avenue would have their own driveway. The northerly portion of each lot would be subject to a conservation easement, with the land owned by the individual lot owner. In addition to the easement, a walking path among and between the six lots was recommended by the Planning Commission to primarily allow for access to the rear of the lots and to the conservation area. Gaffron noted the applicant prefers Option 1. Option 2 would create six small lots near Northern Avenue plus one large outlot to the north which would be subject to a conservation easement that would be owned by an association rather than the individual lot owners. Option 2 would be an PRD. Staff prefers Option 2 due to the future maintenance of the stormwater ponds and the potential for individual property owners to build accessory buildings. (Jesse Struve leaves the meeting at 7:13 p.m.) The Planning Commission recommended that the applicant, in addition to the establishment of a Conservation Easement within each lot, should provide a walking path easement among and between the six lots should be granted to primarily allow for access to the rear of the lots which have dry land separated by the wetland, but to also allow the six owners to have access to the conservation area. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 3 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 36 (7. #13-3631 LANDSOURCE, LLC (TODD HOLMERS), 3700 NORTHERN AVENUE, SUBDIVISION – PRELIMINARY PLAT – PLANNED RESIDENTIAL DEVELOPMENT, Continued) The City Council should consider the following: 1. Does the Council agree with Staff and Planning Commission that development of this site should be via the Planned Residential Development process? Gaffron noted that development via the PRD process is technically a conditional use in the LR-1C district and requires concurrent approval of a conditional use permit. 2. Does the Council have any issue with the number, width, or usable depth of lots proposed? The property contains 3.74 acres of dry buildable land net of the wetland and required road dedication, which would potentially allow up to seven half-acre lots. Under Option 1, the applicant is proposing six lots ranging in dry buildable area from 0.72 to 0.82 acres. Lots 3, 4, and 5 have a portion of their dry buildable on the far side of the wetland. Option 2 also proposes six lots, each containing only dry buildable land, with lot sizes ranging from 0.18 acres to 0.43 acres. The layout under either options allows for lot widths of 78 feet, which is less than the 100-foot standard for the LR-1C district but sufficient to allow homes up to 50 feet plus in width while meeting the required 10-foot side setback requirements. The proposed homes on either of the two end lots are also shown as having 15-foot side setbacks to the existing neighboring homes as an added buffer to the neighborhood. Under either option, Lots 3, 4, and 5 would also be limited in buildable depth by the MCWD required wetland buffer, the City’s 10-foot setback from the edge of the buffer, and the front setback. This results in little flexibility for house placement and design. The applicant has performed a Conservation Design analysis and one of the recommendations of the report was to preserve the tree border adjacent to Northern Avenue; although, they do not go as far as to recommend a conservation easement be established there. Staff recommends the following: 1. Process the subdivision as a PRD which will allow for a defined relaxation of lot area, width, hardcover, lot coverage, and other applicable standards. 2. While Staff favors site plan Option 2, which preserves the northerly portions of the property in a single homeowners association-owned outlot subject to a Conservation Easement, either Option 1 or 2 is workable. 3. If visual density is a concern, require one or more of the methods noted above that could reduce the crowding effect. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 4 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 36 (7. #13-3631 LANDSOURCE, LLC (TODD HOLMERS), 3700 NORTHERN AVENUE, SUBDIVISION – PRELIMINARY PLAT – PLANNED RESIDENTIAL DEVELOPMENT, Continued) 4. Approval should be subject to the standard platting requirements including park dedication, stormwater trunk fees, granting of appropriate easements, etc., to be defined and enumerated in a resolution for preliminary plat approval. 5. Council should advise Staff and applicant of any concerns regarding any aspects of the proposal that need to be further addressed. Bremer noted the Planning Commission’s preference was Option 1 and asked whether that was in part directed by the applicant. Gaffron stated that would be a fair statement. McMillan asked how many lots could be developed if it was constructed to code. Gaffron stated in his opinion, if all the codes were complied with, it would likely result in five lots and it would go back to the proposal that has the back lots where they would need to have one and a half acres. Two of the other lots would have half an acre of dry buildable and one lot would have less than that. Gaffron indicated the wetland in the center of the property makes it difficult to do a standard plat and the applicant is pretty much tied to using the existing road and utilities. McMillan stated in her view it sounds like four would fit in more comfortably than five. Gaffron stated it would be difficult to get five lots without having back lots. Printup asked if outlots are taxed. Gaffron stated typically the assessor will take the value of the common area and split it among each of the building sites. Levang asked if the outlots would be managed by a homeowners association. Gaffron indicated they would be and that the City would need to ensure that any common areas receive the appropriate classification. Levang asked what would happen if the outlot is removed from the calculation and the Council requires half-acre lots that are 100 feet in width. Gaffron noted Page 2 of the October 17 memo shows the lot acreages. Gaffron stated the total dry buildable land would be just over two acres of dry land, within the outlot there would be two acres, and the remaining would be wetland. Levang stated per the existing zoning, 100-foot wide lots and one-half acre dry contiguous land would be required. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 5 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 36 (7. #13-3631 LANDSOURCE, LLC (TODD HOLMERS), 3700 NORTHERN AVENUE, SUBDIVISION – PRELIMINARY PLAT – PLANNED RESIDENTIAL DEVELOPMENT, Continued) Gaffron stated that is correct, and unless there is a PRD, it would not be possible to obtain six lots. McMillan stated leaving the back portion of the property is an amenity to the development and adds value to the other lots. McMillan stated she does not see the rationale for having development in the back portion of the site. McMillan asked whether the rain gardens were added by the applicant. McMillan stated in her view it would be best to leave the natural areas as is. Gaffron stated the rain gardens were the recommendation of the City Engineer and the applicant’s engineer. Gaffron stated to his knowledge they were a requirement of the Watershed District and that there were concerns raised by the neighbors about the runoff and drainage. George Stickney stated he is here representing the Slechta family and working with Land Source to provide some guidance to the development. Stickney commented the proposal has come a long ways since September and that he personally did not like the original plan but it was more conforming than Options 1 or 2. Stickney stated they could have done four lots with two outlots on each side to get to six lots, but as a result of the September meeting, it was decided they should not construct in the back portion of the property. Stickney noted out of 37 properties in the area, more than half do not meet the one-half acre minimum, and that in his view the PRD is the right solution. Stickney stated they reverted to Option 1 as a result of the Planning Commission meeting. Stickney noted they are not creating a private road and that they would prefer not to form a homeowners association to manage the conservation easement. Stickney indicated they are amenable to creating a nice walking path around the property to allow access back there and that there could be a covenant filed against the title stating that certain portions of the site are not to be built upon. Stickney indicated it would be better from a marketing standpoint if there are six lots and it would also create more taxable value for the City if there were six lots. Stickney stated there was one person that spoke at the October Planning Commission meeting about the driveway on the east side. The location of the new house will be in approximately the same spot as the existing house. Stickney indicated there will also be a tree preservation agreement and a nice walking path to provide access to the rear of the property. (Kristi Anderson arrives at 7:33 p.m.) McMillan asked how the rain gardens were developed. Stickney indicated he was not part of that discussion. Stickney noted their revised proposal results in 40 percent less hardcover than the original proposal. McMillan asked if the Watershed District had any input into the rain gardens. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 6 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 36 (7. #13-3631 LANDSOURCE, LLC (TODD HOLMERS), 3700 NORTHERN AVENUE, SUBDIVISION – PRELIMINARY PLAT – PLANNED RESIDENTIAL DEVELOPMENT, Continued) Stickney stated Mark Gronberg created the plan. McMillan asked if there would need to be a homeowners association for the outlot. Levang stated to her understanding it is an option and that it could either be set up that each individual owner owns a portion of it or it could be a common area. Gaffron stated there will be maintenance issues with the outlot, and that without a homeowners association of some sort, there will be a question about ownership. Gaffron stated he does not see a simple way to have the outlot without it being owned by the group as a whole. Printup asked if Staff knows how many homeowners associations there are in the City. Gaffron stated the City does not keep track of individual homeowner associations but that they range from formal to informal. Gaffron indicated there are probably around 60 homeowners associations and that they correlate with the private roads. Levang asked how the trail was developed. Stickney stated that came about as a result of the meeting and his prior development experience. Levang stated she is not in favor of the trail. Gaffron stated in order for some of the lots to gain access to the back part of their property, it would be necessary for there to be a path. Gaffron stated it is likely the trail would need to be within the buffer, which would likely not be approved by the Watershed District. McMillan stated she has a difficult time creating more than four lots and that one of the purposes of cluster development is to preserve open spaces. McMillan stated the issue with clustering on this lot is that the southern portion of the site is maxed out. Stickney commented they could also construct a road back there which would not be ideal. Levang noted this is a piece of land that has not been developed previously. Stickney stated they are not proposing anything out of the ordinary as it relates to lot sizes. McMillan stated a lot of the lots around Lake Minnetonka were platted prior to the adoption of many of the City’s regulations. McMillan stated this is an opportunity to develop this piece of land to code and that there has to be some very strong reasons to cluster and add more density to this area. McMillan noted the City did approve cluster development at Creekside due to the topography. McMillan stated while this property does have a wetland, development is not overly difficult as it relates to the topography. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 7 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 36 (7. #13-3631 LANDSOURCE, LLC (TODD HOLMERS), 3700 NORTHERN AVENUE, SUBDIVISION – PRELIMINARY PLAT – PLANNED RESIDENTIAL DEVELOPMENT, Continued) Stickney stated the Planning Commission felt they were well within the range of acceptability with the number of lots. Stickney noted they have been going through this process for seven or eight months and that they could create something that would comply but be a lot less desirable. Stickney stated he is surprised at the discussion about limiting it to four lots. Levang noted the Council looks at each application individually and that she would like to see this application tabled or denied. Stickney stated this discussion is the opposite of what they envisioned. Anderson noted she attended both Planning Commission meetings and that she was more in favor of the smiley face PRD option. Anderson indicated she liked the idea of the homeowners association taking care of the outlots and that a number of the neighbors indicated they enjoyed the natural area. Levang stated she also attended both Planning Commission meetings and that she did not like the plan either time because in her view the density is too high. Levang stated in her view the back portion of the property should be preserved with a conservation easement and that she would like to see a proposal with 100-foot wide lots, one-half acre density, and no trail. McMillan indicated she agrees with Council Member Levang. Bremer indicated she prefers Option 1 and that she generally likes the idea of a conservation easement versus an outlot. Bremer stated she would agree to either Option 1 or Option 2 depending on what the other Council members thought. McMillan stated four lots without the back outlot would also be fine but that it would not be ideal to add more density to a site that comfortably fits four. McMillan stated the developer is attempting to max out the property. Stickney noted the dry buildable is .63. McMillan noted the wetland in the middle makes it more difficult and that the dry buildable is not all contiguous. Printup asked at what point it would be necessary to send the application back to the Planning Commission. Gaffron indicated the City Council has that option at any time. Gaffron noted the 120-day deadline for review expires January 7 and that the application would not go to the Planning Commission until mid January. If that would occur, the applicant would need to agree to an extension. If the applicant does not agree to an extension, the City Council would need to deny the application at some point before the deadline expires. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 8 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 36 (7. #13-3631 LANDSOURCE, LLC (TODD HOLMERS), 3700 NORTHERN AVENUE, SUBDIVISION – PRELIMINARY PLAT – PLANNED RESIDENTIAL DEVELOPMENT, Continued) Gaffron noted the Planning Commission is a recommending body and that the City Council does not need to follow their direction. Gaffron stated in his view it would be good if there was a consensus reached between the Planning Commission and City Council. Stickney noted Option 1 has less hardcover than Option 2. Stickney stated Staff has a number of examples that have worked in the City that are similar to this proposal. Stickney stated they are keeping the lots away from anyone who has a visible objection to the development and that in his view the discussion at the Planning Commission about the smiley face option was very good. Stickney stated the discussion tonight is somewhat of a shock. McMillan stated the City Council could table it and he could go back to the property owner and discuss the concerns that have been raised tonight Stickney stated in his view the plan with six lots is a great plan. Anderson moved, Bremer seconded, Application No. 13-3631, Landsource, LLC (Todd Holmers), 3700 Northern Avenue, to direct Staff to draft a resolution for preliminary plat approval subject to Staff recommendations. Printup stated the question he has is whether the idea of it being reduced to four or five lots has been discussed. Gaffron indicated it has not. Printup asked whether the concept of fewer lots should be considered by the Planning Commission. McMillan stated in her view it does not need to be sent back to the Planning Commission and that the City Council can review it. McMillan opened the meeting up to public comment at 7:50 p.m. Ralph Kempf, 3675 Togo Road, stated approximately 15 people were in attendance at the first meeting discussing this application. Kempf stated that this is a very special area. There is a wetland that covers the entire center of the property and it is the western side of the property that drains the entire area between Sunset and Shadywood, down to the Dakota Trail, and then all the way over to Lake Minnetonka and Lord Fletchers. Kempf noted all of the water in that drainage area drains down to Lake Minnetonka. Kempf stated the first proposal had driveways running all the way to the back of the site. When it rains, the runoff flows to the east and up to Lake Minnetonka. The first proposal had driveways going back to the rear portion of the site, which would result in all of the drainage going into culverts. Kempf stated in his view it makes more sense for the water to naturally filter and cleanse. There was also hardcover almost all the way around the pond. Kempf indicated the neighborhood was thrilled to see the houses pulled back to Northern Avenue. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 9 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 36 (7. #13-3631 LANDSOURCE, LLC (TODD HOLMERS), 3700 NORTHERN AVENUE, SUBDIVISION – PRELIMINARY PLAT – PLANNED RESIDENTIAL DEVELOPMENT, Continued) Kempf stated this development will change the character of the whole neighborhood. Originally there were a bunch of cabins that have since become year-round homes. Kempf stated the opportunity to really define the neighborhood is here, and if the houses are packed in tightly, it will define the neighborhood Kempf asked for clarification on the motion. McMillan indicated the motion is to approve Option 1, which is the proposal for six houses in a row on the southern part of the property with the property lines going north. McMillan stated there would be no outlot. Anderson noted there would be a conservation easement as opposed to an outlot. Kempf stated it is an unofficial wildlife preserve and that the trail around the pond does not make much sense. Lynn Peterson, 3710 Togo Road, stated she would like to see four 100-foot lots. Peterson stated while there are some lots in the area that are smaller, the City ought to try to preserve the 100-foot lot width and not go backwards to when they were cabins. Peterson indicated she would like to see the area less densely populated. While the family would like to be able to sell more lots, the City should do the right thing and limit the density. Mayor McMillan closed the public comment portion at 7:56 p.m. McMillan stated in her view four lots can be built according to code and that under that scenario they would not be maxing out the property, which is a win/win. McMillan indicated she cannot support Option 1. McMillan stated under Option 1, there should be a maximum of five lots and preferably four. McMillan stated she does not have a problem with the lot lines going through the conservation easement, and with a maximum of four lots a rain garden would not be needed. VOTE: Ayes 3, Nays 2, McMillan and Levang opposed. 8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW Pat Hiller, Applicant, was present. Steve Grittman stated the application before the City Council is a proposed amendment to the City’s Comprehensive Plan that would reguide the Lakeview Golf property from parks, recreational, and open space to rural residential. The applicants have also provided a sketch plan for Council’s review. Both of these items were heard by the Planning Commission at their October 21 meeting. A public hearing was held at that time to consider the Comprehensive Plan amendment and to comment on the sketch plan. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 10 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Grittman noted the sketch plan is not subject to formal approval or denial but is to help illustrate the development idea proposed by the applicant. The proposal is to convert the golf course to rural residential. The property is currently zoned rural residential RR-1B, which does accommodate golf courses and reflects the historical use of the property. Eventually, if this application does proceed forward, a preliminary and final plat would be required and possibly a PRD zoning designation depending on the plat. Grittman noted there are several other agencies involved in the review of the project, such as Hennepin County as it relates to access to county roadways, review of the plat and survey; the Minnehaha Creek Watershed District as it relates to stormwater management, re-vegetation and land restoration on portions of the site; and the Metropolitan Council as it relates to the Comprehensive Plan amendment. Each of those agencies would have a role in reviewing and/or approving certain parts of the plat or project. The first step of the application involves the Comprehensive Plan amendment. Amendments to the Comprehensive Plan review factors include compatibility of the proposed change with the intent of the Comprehensive Plan; compatibility of the proposed land use with other existing and proposed land uses in the area.; the ability of the proposed land use to be served by existing public services and existing transportation facilities; and changes in conditions since the adoption of the current Community Management Plan suggesting that a change in land use policy and objectives is in the best interest of the community. The City is not precluded from considering interim changes if there is reason to do so. The Community Management Plan is the community’s most basic statement of its land use policy. The City is granted broad discretion in setting land use policy and is permitted to regulate, through zoning and subdivision controls, to achieve its policy objectives. The existing Community Management Plan has a land use component. Grittman stated the dark green in the middle of the map is the golf course designated parks and recreational and open space. The light green to the south of the proposed development is rural residential, which is one unit per two acres and is the zoning the applicants are seeking. The yellow area to the east and southeast of the golf course is the MUSA area and is subject to metro sewer. That area is guided low to medium density, which is two to three units per acre typically. In addition, the Community Management Plan has a category of rural, which is one to five acres. The Comprehensive Plan describes that area typically as the northwest area. Grittman noted rural environment is a major objective of the City’s Community Management Plan. Rural residential is the predominant land use in the area. If a council is going to change the compatibility of a piece of property, the surrounding land use is one of the factors to consider. Grittman noted there are urban land uses within the MUSA that exist to the east and south. MUSA is not proposed to be extended into this development. Most of the proposed development services are proposed to be private so there should be relatively minimal impacts on general city public services as a result of the change. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 11 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Grittman stated from a Comprehensive Plan standpoint, the surrounding land uses are predominantly rural residential. The current zoning is RR-1B, which allows rural residential development at one dwelling unit per two acres of dry land. The roadways in this area are definite issues and are factors that any developer would have to consider. Access to the neighboring roads and North Arm Drive, which currently serves the golf course, will need to be addressed. Improvements to the roadways, if deemed necessary, would be studied as part of the preliminary plat submission. Grittman noted retaining the current open space designation is not economically viable for the private land owner. Grittman stated the City cannot compel a single property owner to provide public space out of the scope that other individual property owners contribute to that cause. Grittman stated the sketch plan review from the City’s perspective is to identify issues or objectives and is not an approval or denial. A sketch plan review is the City’s opportunity to explain to the developers what the City would like to see happen with the property. Since the information is still preliminary at this point, the comments are intended to help all parties understand the requirements for a full plat design and give everyone an understanding of what the base line rules are going to be. As it relates to the overall view of the sketch plan, the proposal is based on 118 acres of dry buildable land. The proposal consists of two possible alternative layouts, with one of those offered as the preferred alternative for the property. The second option is a layout that is based on the allowable density under the proposed amendment and follows the current zoning. The second option is based on preliminary site data and the lot count would need to be verified. Grittman indicated the first plan illustrates an alternative that would utilize the threshold unit count under the zoning and land use plan and then cluster those lots to the higher portions of the site. By reducing the lot sizes and clustering the as shown in the plan, the applicants would propose to retain a significant portion of the site for open space. Much of this preservation area is shown around the perimeter of the site. The layout proposed in Option 1 is a traditional layout with full development of the property except for the wetlands. There would be approximately 6,500 lineal feet of roadway. There are four road connections to existing roadways in the sketch which include two roadways to North Arm Drive and two road connections to West Branch that are shown to provide access to the lots within the project. There are four lots with direct access to the existing street, with the remaining lots having access to the new street within the development. There are no other significant amenities as part of the development that are outlined in the sketch plan. Subject to all the data that would need to be provided as part of a plat application, the question is whether the City is more inclined to a PRD or the traditional two acre zoning. The Planning Commission’s recommendations were to follow the PRD approach and retain the common open space. The Planning Commission also commented on how to address traffic, pedestrian issues, stormwater management issues, and septic suitability on the smaller lots. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 12 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Staff is recommending approval of the Comprehensive Plan Amendment and finds the following: 1. The existing land use designation no longer provides a viable use of land for a private property owner. 2 The land use designation, in this case, unreasonably restricts the owner’s use of the land in an economically viable way. 3. The restriction to the current designation places an inordinate burden on the landowner to provide public open space. 4. The surrounding land uses are dominated by rural density residential uses, along with some urban residential uses. 5. The area is not within the MUSA, in which public sanitary sewer would be available for urban densities. 6. The area is within the northwest portion of the City, in which road uses and densities are designated. 7. The most appropriate use for the subject project is Rural Residential, reflecting the policies of the Community Management Plan and the existing zoning of the property. McMillan asked if the applicant can begin any work on the preliminary plat during this comment period for the Comprehensive Plan amendment. Grittman stated the applicant can proceed with work on the site but that they do so at their own risk. McMillan asked if there would be an opportunity to look at the preliminary plat at the same time as adoption of the amendment. Grittman indicated that is probably more local practice and that he would defer to Staff on that. Grittman noted the Council would not be able to take action on the plat until the Comprehensive Plan amendment is adopted. City Attorney Poehler indicated the Council could do it concurrently if they chose. Printup asked why this area was originally guided recreational and open space in the Comprehensive Plan. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 13 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Gaffron stated the map that showed existing land use was showing what was existing in the 1980s. In the 1990s, Metropolitan Council’s requirements for local comprehensive planning included a requirement that the City not only show the existing plan but a proposed plan. The 2000 Comprehensive Plan did not change much in the way of open space and this property, in the last two comprehensive plans, is shown as existing open space and proposed open space, which did not change between 1980 and 2000. Gaffron stated the impact of what is in the plan changed as a result of state statute requirements. Printup asked if there are any other areas in the City that might prove as difficult as this situation. Gaffron stated if any of the other privately owned golf courses wanted to change to residential use, the same process would be required. Printup asked whether they also have this underlying zoning. Gaffron stated every one of the golf courses is classified as RR-1B, two-acre single family zoning, but each of them is also designated as park land, recreation, and open space. Pat Hiller, Applicant, stated when they initially took a look at the project, the objectives were to work with the existing topography of the site, minimize the grading, work with the natural beauty of the site, and maintain the open space and natural features of the site. Hiller stated they are proposing a concept of clustering the lots to help maintain more open space, which, in their view, is more attractive. One of the goals of the development is to create a legacy for the City and the Wenksterns that people will be proud of. Mike Gehr, Designer, stated he is currently under contract with five golf courses, including this one, to redevelop the land. The parcel consists of approximately 130 acres of land and is bounded by North Arm on the northeast, North Shore on the west, and West Branch on the south. Gehr displayed a map of the property and noted the lightest colors on the site map are plateaus or platforms situated throughout the 130 acres. The orange areas on the maps depict slopes and the blue areas are the drainage patterns throughout the site. There are also two wetlands on the site consisting of approximately nine acres. The lake on the property is at about a 920’ or 930’ elevation. As you go down to the next plateau, there is a 50-foot elevation change. Gehr commented the site is very dynamic with a number of different natural features that they will attempt to preserve as part of this project. The other natural features on the site include savannahs and trees. Gehr stated in their view the better use of the property is to cluster the development and protect or set aside approximately 62 acres of the site into open space. At the present time 59 units on approximately one acre lots are displayed on the map along with the road layout. In addition to clustering the development, also being proposed is the use of cul-de-sacs to further micro-cluster units around the cul- de-sacs. Every residential home site on the plan has direct rear yard or side yard access to the open space system. There will be approximately 1.5 miles of trail that will connect the residential home sites throughout the entire area. The majority of the existing woodland is intended to be left untouched and is included within the green open space. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 14 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) The open areas will be encumbered by an easement and protected in their natural state. Gehr stated the cluster plan provides open space and an opportunity to enhance the natural environment, would have a low impact use on the property, and provides valuable open space along with the walking trail. Gehr stated in their view the cluster plan will help preserve the natural features of the site and provide a significant amount of green space. The open space provides open separation and perceived separation from outside the development and helps create a beautiful residential neighborhood. Gehr stated in his view the cluster plan could serve as a model plan for other cluster developments in the community. McMillan asked whether he has experience with clustering septic systems on one-acre lots before. Gehr indicated he does on a project in Eagan that consisted of one acre lots, with primary and secondary septic sites on the one-acre lots along with building pads. McMillan asked whether he had any limits on footprint on the project in Eagan. Gehr indicated he does not recall. Anderson asked how they intend to protect the wooded savannah areas if each lot is being sold off to a different contractor. Gehr indicated that can be accomplished through the purchase agreement and that they would have to define the limits of the septic area and other areas of preservation. Anderson asked what would happen with the proposal if the cluster plan does not accommodate the 59 lots they are anticipating. Hiller stated on October 15 they held an informal neighborhood meeting and several concerns were raised at that time. The access to North Arm Drive was not well received by the neighbors due to the lack of shoulders and the amount of traffic on the road. Hiller stated they are in agreement that that access would not be the best and that they are now proposing a single entrance to the south to get the traffic off of North Arm Drive. Hiller stated that location works better for the residents of North Arm Drive but the neighbors on either side of the road were not thrilled with the proposal. Hiller stated as a result of those concerns, they are proposing to relocate the road over to Forest Arm in the hope that that would be the least offensive location. There will be two dedicated lanes in and out. The idea would be to go with a single entrance and possibly an emergency breakaway area near a cul-de- sac. Hiller indicated they met with representatives of Hennepin County today and generally they are in line with the proposal. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 15 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Onsite preliminary septic testing is being conducted at the present time and the vendor is going through the results and identifying areas throughout the site that will work for septic. Hiller stated in addition they are also working on a subsequent design that will look a little different than what is before the Council tonight based on the septic sites. Hiller stated in his view the open space and septic sites will be approximately the same but will be in a slightly different layout. Hiller stated once all of that is completed, they will be able to determine the exact number of lots. Hiller stated they have also met with the Minnehaha Creek Watershed District and they have indicated they would like to be an active partner in the development of the property. The Watershed District has done projects like this in the past and they have experts on the types of vegetation that would work in this climate. The idea is to restore the areas with native grasses that will not be developed. In the end the hope is to make it a more beautiful site than what exists right now. Hiller stated they are also looking at filter ponds to improve the water quality of the runoff going into the bay. Another option is to bring water in from the City of Minnestrista to avoid the need to dig 59 wells. Hiller indicated they will continue with septic testing and survey work. Printup asked if the 59 homes is the best case scenario. Hiller stated that would be the maximum number and the actual number will be based on the septic site testing. Mayor McMillan opened the meeting up for public comment at 8:45 p.m. Paula Johnson, 580 North Arm Drive, stated as it relates to the reguidance of Lakeview, it should be pointed out that this is not a five or ten acre parcel but 130 acres and that it is the last big piece of land in Orono that is not developed. The requested guidance would significantly impact the residents and would undermine the intent of the Community Management Plan. Johnson indicated she has read the City’s Community Management Plan and the consultant’s recommendations. Johnson stated she respectfully disagrees with the consultant’s findings. The consultant states, in part, that the existing land use designation no longer provides a viable use of the land for the private property owner, that the owner is restricted from an economically viable use, and that this is an inherent burden. The consultant does not cite data or statistics of whether other alternatives were considered. Johnson stated her comments are confined to the Community Management Plan and the lack of attention by the consultant on the salient portions of the plan and the impact on the plan that the reguidance would have. From the beginning pages that lay out the goals for each section, the Community Management Plan and Lakeview seem to be inexplicitly linked. Johnson stated she would like to point to the foremost guiding principle, which is that the goal of Orono’s planning is to protect and preserve Lake Minnetonka, its water quality and recreational assets. Johnson commented the Lakeview property is all of those. Lakeview drains into North Arm and Forest Lake and is within the 100-foot overlay of Lake Minnetonka on two of its three sides. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 16 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Johnson noted another goal of the City is to protect and preserve natural resources, including creeks, lakes, marshes, wetlands, woodlands, ground water and steep slopes. Lakeview has virtually all of these. In addition, the property embodies the dark skies and provides to at least those residents in the western half of Orono the dark sky concept. Johnson stated Orono’s planning policies reinforce the se goals and that she would urge the City Council to look at the Community Management Plan. The plan further says that no development would be permitted that would have a detrimental effect on the lake and that historically significant buildings, places and settings will be identified and preserved. Johnson stated the environmental protection plan contained within the Community Management Plan consists of exactly the same language for dark skies and preservation of historical places. Johnson noted Lakeview has been a golf course for over 50 years. Johnson stated as it relates to the City’s park and open space trail plan, which is kind of the heart of where the plan is significantly abrogated, it states that private open space and recreational facilities should be available to complement public facilities. The language goes on to say that there are several of these areas in Orono and they should be preserved. Johnson noted Lakeview is the only public course that is privately owned and that when this property is taken out of the calculation that is included in the plan, it leaves precious little land that is not designated truly private and barred from public use. Johnson stated in her view the planners recognized this when they added to their plan the following promise: The City will encourage the preservation of private open space and will identify and acquire additional open space public parcels as the opportunity arises. Johnson commented what is really telling is the middle of that, which says, however, once land is developed, the opportunity for preservation of open space is lost. As it relates to Lakeview, it reads: The City will encourage retention and continued operation of the private golf courses. These private facilities provide major active recreation in the City and in addition provide aesthetic open space and open vistas to the benefit of all adjacent property owners and the public alike. The City will discourage conversion of these facilities into non-recreational land use because of the benefit of this recreational opportunity. It also states the City will continue to investigate mechanisms for future funding and will continue to encourage private donations of land or funds in order to maintain the level of active and passive recreation opportunities desired by Orono residents. Johnson stated for those reasons she believes that the reguidance of the Lakeview Golf Course as it is currently proposed abrogates the plan and its goals. Johnson stated she would urge the Council to uphold the current guidance while the City seeks with the residents other viable options for this property and that one proposed deal should not be allowed to destroy the City’s whole community management plan. Bryce Johnson, 580 North Arm Drive, stated he has been asked to present a proposal to the City Council from a large group of fellow citizens who desire to be heard on this matter. This group has coalesced around the name of Citizens for Lakeview Preservation. The group began when 54 residents met at the Lafayette Club. In one week the number of people who have identified with this effort and provided their signatures has reached almost 500. Most of the signers have expressed significant concerns and others have merely signed the petition. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 17 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Citizens for Lakeview Preservation include residents from all walks of life, all of whom have chosen to invest in Orono. They have a vast magnitude of skill sets that are committed to the spirit, intent, and defense of the Community Management Plan. The group respects the fact that the owner of Lakeview has the right to sell his property, they admire what he has done with the property over the years, and they recognize there is a purchaser who has presented sketches and is requesting an amendment to change the guidance. The group intends to provide fact-based timely input to the Council, seeks to protect the unique and fragile environment of Lakeview, and it is driven by an intense desire shared by virtually everyone in Orono and surrounding communities to retain this iconic and historic property as green as possible and accessible as possible to the public. Johnson commented Lakeview is just not another golf course. Johnson stated their proposal can be summarized in one slide: A request that the Council uphold the Community Management Plan guidance, that it do this for at least 60 days following the expiration of the initial 60-day period on November 25, and that it do this so that efforts can go forward to define one or more clear-cut, economically viable alternatives that would allow the owner to sell his property without the need to reguide the site. Johnson indicated there has already been considerable thought and input into this concept but more needs to be done. Johnson stated there are a number of state or governmental entities that can be approached to help. Johnson stated aspects of their proposal have already begun and that they have received early indications of financial support. In parallel fashion, the group believes that the environmental and related analysis and the decision to reguide must be fully defined. The group believes this is essential before a credible site plan or plat map can be proposed. The environmental values evident in the Orono Community Management Plan are well defined and extensive. Johnson noted over 400 citizens have expressed their concern for these issues through a petition. Johnson stated other analyses and inputs are also likely in defining buildability and that those should be important to any developer before asking for a guidance change. The citizens of Orono are confident that the City will address the environmental and buildability concerns, which is why many of the residents moved to this area. The citizens also recognize that this will take time to do and that a 60-day delay will be needed. Similarly, the group is optimistic that realistic, economically viable alternatives can be defined. The group also understands that much of this initiative must come from the citizens and that the residents need time prior to the zoning being changed to look at other options. (Recess taken from 8:57 p.m. to 9:08 p.m.) (Cynthia Bremer and Jessica Loftus leave the meeting at 9:08 p.m.) Tom Mazer, 560 North Arm Drive, stated he has lived in this area for approximately 40 years and that he appreciates the opportunity to address an issue that is of grave concern to many citizens in Orono. Mazer stated this proposal has the potential for a failed development and that it is something that should be considered when talking about developments like this. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 18 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Mazer stated he would like to summarize one point from an article that was in the Star Tribune in April of 2010 entitled Gateway to Disaster. Ted Waite, founder of Gateway Computers, is part of Lakeland Construction Finance, who is responsible for more than 20 residential developments on the outskirts of the Twin Cities and St. Cloud that have gone into bankruptcy. The homes now stand unfinished and abandoned. Families that built in places like Summit Hills, Dassell, and other areas now live in suburban ghost towns surrounded by overgrown weeds and partially paved streets. The cities and the residents where these and other failed developments exist are left with unsightly scars on the land and millions of dollars in expenses to finish roads and utilities. Mazer stated the reason he wanted to point out was not to question the abilities of this developer but to note that even under the best of circumstances, projects like the ones that have been discussed may fail. There are economic factors the developer has no control over and these factors can adversely affect the success of any development. Mazer stated these same economic forces have made it difficult to operate golf courses in the last five years. Mazer stated if people look to the past, they will a situation where many developers had big visions of planned communities that have failed. As people look into the future, Mazer questioned what reassurances the residents have that this development will not also fail. Mazer stated the economy is being supported by quantitative easing, and when the Federal Government decides to taper, mortgage rates will rise and residential developments will fail again. Mazer stated when he and other residents in Orono purchased their properties, they were given assurances by the City through their zoning, their guidance, and the Comprehensive Plan that the property they have invested in would remain intact. Mazer stated he believes the City of Orono has continually reaffirmed the principles set forth in the Comprehensive Plan and these principles directly relate to the planned development of Lakeview Golf Course. Orono is unique and has a number of talented residents and resources to preserve what is important. Mazer encouraged the City Council to listen to the voice of the people and take the time to consider the impact, the options, and the alternatives to this request. Steve Bell, 4455 West Branch Road, stated he has resided in Orono for approximately 23 years. Bell noted he sent a letter to the Council members earlier today and that he would like that letter to be made part of the record. Bell stated he is deeply concerned if this development proposal goes through that the fantastic experience in Orono with its open space and rural character will end. Bell commented people have the right to dispose of their property as they please, but that even in a democracy few rights are unlimited and they should be balanced against the rights of everyone in the community. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 19 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Bell stated his specific request to the City Council tonight is to ask that the approval deadline be extended for 60 days as permitted by Minnesota Statutes to allow for an adequate amount of time to explore reasonable and economic viable alternatives for the golf course and to properly vet the environmental issues. The seller is maintaining and the Planning Commission seems to be supporting the concept that the golf course is no longer economically viable. Bell noted he has not seen any facts on the record to support this premise and there does not seem to be any factual basis to support three of Staff’s findings on this matter. Bell noted approximately a dozen years the City, the DNR, and a group of private residents were able to save and preserve significant acreage in the Orono Saga Hill area and turn it into permanent park land. The Saga Hill battle took a lot of hard work and creativity. While this developer mentioned leaving a legacy, the City should ask whether the kind of legacy they want to leave is like that of Saga Hill or whether they want to create a legacy where Orono starts to look a lot like Plymouth or Edina. Bell stated the development is out of character with the neighborhood, the City, and inconsistent with the intent of the Comprehensive Plan. Bell stated that principle is at stake depending on what action the Council takes tonight and in future meetings and that everyone has a moral and legal obligation to prevent a quick decision on something that is irrevocable that may affect future generations, if not centuries to come. George Daniels, 1375 Park Drive, stated over the years he has walked his dog past the golf course and he always thought, what a beautiful spot, and that he could envision a high-end residential community going in there some day. Daniels stated nobody wants to see a business go downhill and that they all love the open land and open space. Daniels stated the people who want to preserve the golf course, from what he has read, do not make a lot of sense since they already have the Orono Golf Course. Daniels stated in his view there are plenty of places to play golf and that they ought to be looking at the people that are coming forward tonight. Daniels stated the developers have hired the best landscape architects and are very qualified. The developer wants to construct a viable, upscale, beautiful community, and that they are asking to cluster the houses to get 59 units in there so it is not two-acre lots all over the place. Daniels noted there is approximately 142 acres of land available and 118 buildable acres. Daniels stated from what he knows about the land development business, it is a long process and that they have to go through a number of government agencies, which does not happen overnight. The local residents knew the golf course was there, but now that people have stepped forward who want to take a risk, they want to delay it. Daniels stated in his view the residential development is a good use of the property. The golf course does not provide that much revenue to the City but 59 housing units will. If each lot generates $10,000, that is a lot of revenue for Orono. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 20 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Daniels stated in his view this is a good project and that he would ask the City Council to move ahead on the Comprehensive plan amendment and keep the application moving forward. Stephen Hosmer, 1040 West Cove Lane, Minnetrista, stated he and his wife moved out to this area for the open space. The area is beautiful and is a jewel in the crown of Orono. A site like this is not found anywhere else in the City. Hosmer stated the presentations by the potential developer were excellent and provided a vision of what the development could be. Hosmer stated he would like to step back for a minute and go back to the first part of the application, which is the Comprehensive Plan amendment. The Comprehensive Plan was done in the form of a promise to the community and the surrounding communities that this is what the people in the community could expect going forward. It says if open space becomes available, the City should attempt to acquire that open space. What has happened is that a group of concerned citizens have gotten together to come up with alternatives to the housing development and retain the open space. Hosmer stated the only way that can happen is if the residents are given an opportunity to come up with their own concepts. Hosmer noted the consultant indicated retaining the current open space is not viable, but is that known for a fact. Hosmer asked whether residents have been given an opportunity to see if there are other ways to retain the open space. The consultant also said that continued use of the golf course is not feasible. Hosmer stated while the current way of running the golf course may not be feasible, there perhaps are other ways that it could become financially feasible. Hosmer stated the last point the consultant said was that the City cannot compel a single property owner to provide public area or space. Hosmer noted the group is not asking the Council to compel the owner to maintain this open space but that they are requesting an opportunity to acquire the space from him and make him financially whole. The group is saying they will find a way where his needs will be met and the directives of the Community Management Plan can also be followed, which is to keep, encourage, and acquire open space. Hosmer stated the Mayor indicated on the previous application that the development would be a short- term gain for the developer which sometimes comes at the long-term expense of the City or words to that effect. Hosmer stated in his view that is the case here. The developer will come in and be gone but Orono will be left with that property. If you look over this contiguous section of approximately 120 acres consisting of woods and open space, it will not be the same as houses clustered between roads and cul-de- sacs. The City Council has a responsibility to consider that under the Community Management Plan and how it will affect the community going forward. The City Council owes it to the residents to give them 60 days to come up with alternatives. The residents only just became aware of the proposal recently and that the decision should be tabled for 60 days so the residents can develop something on their own. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 21 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Robyn Johnson, 4730 North Arm Drive, stated she is here to ask the City Council to uphold the recreational guidance for a golf course or delay the decision. The residents that are here tonight represent hundreds of acres of land that is worth millions of dollars and many of them are here because they feel the cart is before the horse. The residents know this is a lovely piece of land that is sandwiched between two bays of Lake Minnetonka which the Minnehaha Creek Watershed District currently classifies as a C plus or C minus in terms of water quality. The Watershed District restricts swimming and recreational activities in both of these bays at times due to the nitrogen content of the water. Both of these bays are within the 1,000 square foot restriction but they are actually within 100 to 200 feet of that. The topography is extraordinary. As the consultant said tonight, the data is preliminary and the residents have not known about the details of this project for more than 30 days. Johnson indicated she read on the City’s website that the City Council is elected to fashion policies that determine this community’s present and future well being, which extends to this moment in time and goes for this time and hundreds of years from now. Orono benefits today from significant tax revenue. The City receives seven million in taxable revenues with a balanced budget. Johnson stead she read in the paper last weekend that Orono is ranked towards the top in the country for median values due to a number of reasons. Johnson stated she does not believe there is a financial imperative that Orono’s housing be expanded immediately. Johnson stated the application that has been presented to the City Council is an investment backed exemption that would not stand up in a court of law if the City denied the property owner the right to sell. The application is based on a concept and not an engineered plan. The sketch plan has been described by the consultant as an illustration of an idea. The City Council’s decision will leave many unanswered questions relating to traffic safety, watershed and wetlands, water quality, aquifers, flooding stormwater management, lake pollution, population expansion, marketability of homes, depreciation of land values, city infrastructure, crime, and fire protection. Johnson stated the resulting aesthetics will be that the neighbors will be looking at the backside of these homes that will encroach into their skyline vision. Johnson stated this development will have an aesthetic impact no matter how much green space is around it. Johnson stated the citizens of Orono pay a premium to live here and that they benefit from the Community Management Plan. The citizens elected the members to the City Council to implement the objectives of the Community Management Plan. Johnson stated to her knowledge Orono has never developed a subdivision of this magnitude. Gaffron indicated there has not been a similar development. Johnson noted the Eagan development is not located between bodies of water and does not contain the same number of homes as what is being proposed. This property was never put on the market and nobody was given the opportunity to determine whether there is another use for it. Johnson stated there are a number of issues that need to be further explored prior to changing the zoning and that in her view this plan is not compatible with existing and future land uses or in the best interests of the City’s Comprehensive Plan. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 22 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 23 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Michael Flannery, 525 Park Lane, stated the first inkling the community had was a letter that the Wenksterns placed on the counter of the golf course stating that the golf course was being sold for development. Flannerty stated in his view the Wenksterns had an alternative and could have said that the golf course is no longer viable, can the community help us out. Instead, the community was presented with the idea that this land would be sold for residential development. Flannery noted the developer’s drainage plan failed to show that the watershed drains into North Arm as well. Rene Sternau, 440 North Arm Drive, stated he now has a mound system because his percolation system failed by three-eighths of an inch. Sternau stated the City’s engineer spent about a half hour to an hour discussing how the water runs into North Arm and that the City of Orono requires it to be kept at a certain percolation level that it was designed for. Stenau stated it is his feeling the builders will do a lot of that, but that there are so many questions that are still left unanswered. Once the guiding is changed, it will be gone. Sternau stated he would like to have those answers prior to the guiding being changed and that he is here tonight to support the other residents who oppose the guiding change. Terry Johnson, 543 Park Lane, stated he is a professional hydrologist and that he is wondering what the amount of sewage calculation would be for 59 homes. Johnson stated his numbers show somewhere between five to ten million gallons annually. Johnson stated he heard these would be private septic systems and that he was wondering if the applicant has calculated the amount of sewage that would be generated from 59 homes. Hiller indicated they are still at the preliminary plat stage. Johnson commented this is one example that illustrates a need for this type of information at this stage in the process because in his view it is probably at least five million gallons annually. Johnson stated there was a reason the homes in the area are connected to the sewer system and one of those reasons is so that it would not impact the water quality. Johnson stated as a professional hydrologist, he finds it surprising they would be using that type of design next to the largest recreational lake in this area. Dan Iverson, 4640 North Arm Drive, stated he has lived here for approximately 30 years, and that he lives in this area because of the open space and rolling hills, which is what he thought Orono stood for. Iverson stated this application is in the City Council’s hands, and if they go down this slippery slope, they could be setting a very dangerous precedent. Once that precedent is set, Orono will be hard pressed to prevent future development of other golf courses. Iverson stated his property has a bird’s eye view of the golf course since he lives on high ground. Iverson stated the drawings minimize the size of the ponds and the drainage. The golf course has hundreds and hundreds of feet of tiling, which prevents it from flooding. The land is more suitable for recreational land, ponds, wildlife refuge, or other options. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 23 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 24 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Iverson commented surgeons like to cut, civil engineers like to build, and developers like to develop, but Roy Rogers once said, buy land, they don’t make it anymore. Iverson stated while the drawings are nice, it does not show what will happen once you put all these clustered houses in. Iverson stated in his view it will not be quite the rosy picture the developer likes to paint and that he would be surprised if the developer could take their projected 59 lots and actually create 59 two-acre lots. Iverson stated the land is one step above or equal to the land where a holding pond would go. Iverson noted the development of Red Oaks is going to be a huge impact in itself and that it would not hurt Orono to take a sit back and wait approach to see what that impact is. Steve Bren, North Arm Drive, stated the residents and City needs the answers to the questions raised and that these questions should be answered prior to making a decision on amending the Comprehensive Plan. Bren stated in his view the citizens deserve 60 days to look at alternatives and that they have some good ideas as well as a lot of power and energy. Bren stated the Comprehensive Plan is the very foundation of why a number of people live here, and to alter that only based on a sketch is irresponsible to the citizens, the sellers, and the buyers. Given the possibilities of losing this open space, Bren stated it warrants further research. Bren asked how presenting a housing sketch plan meets the current 2008-2030 Community Management Plan and whether it provided the City and its residents with compelling reasons to amend the vision of the community. Bren acknowledged the Wenkstern family has the right to sell their land but questioned whether this is the only viable option. Bren stated in his opinion there are other options available if the residents are given the time to research it. Bren indicated he is also wondering whether a comprehensive marketing plan should be conducted to see if it supports this type of housing. The City does not want a project that will languish and stall leaving Orono citizens with a failed housing project. In addition, further study needs to be done to determine whether the current road structure will support all of the traffic coming out of Red Oak as well as an additional fifty some homes coming out of Lakeview. The development will impact the surrounding road system by adding to the amount of traffic in the area and alter existing traffic patterns. Bren commented he is not sure whether the relocation of the road to North Arm will be a final decision and that the driveway location has yet to be determined. Bren stated there are a number of people who are worried that the drawings that are before the City Council will not be at all what the end project will look like. Bren stated a delay in reaching a decision allows the developer to supply more information about the viability of his proposal and offers Orono an opportunity to research alternatives that are in line with the Community Management Plan. Carol Pass, 2536 -18th Avenue South, Minneapolis, stated the Metropolitan Council wants Orono to bring in denser housing and that in her view the City of Orono will do it in a responsible way. Pass indicated she has worked hard to get a park for the children in Minneapolis and that Minneapolis has the best park system in the nation. Every kid in Minneapolis can walk to a park, which will likely not happen here. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 24 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 25 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Pass stated the children should have access to a park. Pass stated she would encourage the City Council to think of people who do not have open land and that this is a legacy that should not be missed. Pass stated the elected officials and city staff should be more outspoken about the need for more open space. Ryan Bennett, 4680 North Arm Drive, stated he specifically left Eden Prairie and came to Orono for more space, and that he would specifically echo the comments made by the Johnsons at the beginning of the meeting. Dean Mitchell, 740 North Arm Drive, stated he would also like to echo what the Johnsons stated. Mitchell noted there is a stormwater pipe that drains from under the golf course onto his property and that he would encourage the City Council to conduct the proper environmental study as part of any residential development. Bill Bockmann, 1130 Loma Linda Avenue, stated he has lived here since he was four and that he has known Grant for over 50 years. Bockmann stated he would like to see Grant Wenkstern made whole but that options for the property is the key word. Bockmann asked whether the City still owns Big Island. McMillan indicated there is a city-owned park on Big Island and that the Watershed District owns an easement over a large part of the property. Bockmann asked if there is an option with Lakeview where the City could make it a hiking trail or something. McMillan stated the City Council will discuss the application and its options after the public comments. Bridget Hamlin, 4665 West Branch, stated there are many residents that are on the other side of the golf course that feel the same as those residents on North Arm. Isaac Will, 1369 North Arm, stated he has recently moved here to Orono and that a big part of deciding to move back here was the guiding of the land and the open spaces and dark skies. Will stated in his view it is important for the City Council to take sufficient time to consider all the ramifications before it is too late. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 25 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 26 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Julie Ruegemer, 1295 Loma Linda Avenue, stated over the weekend a set of sad and disappointed neighbors came over to her house to sign the petition asking Orono to do the environmental assessment on the impact of this large housing development that they want to have take over Lakeview. Each of their responses was the same - they are sick about what is slated to happen. When seven houses were slated to go up in the lovely wooded section of Minnie Avenue, the community was sick about that, too, but were told by the City Council it was going to happen anyway because it was zoned for seven houses on 50-foot lots. Their voices were not heard. Now a developer wants to put 60 houses in at Lakeview where it is guided for open space. The Planning Commission has already voted to change that guidance. In the blink of an eye, land that we thought was safe is on its way to being developed. Developing all of our land is very short-sighted and pretty soon it will be gone. Ruegemer stated another parcel of land in Minnesota that many of us enjoy is the Boundary Waters canoe area and all that would have been gone, too. A man named Edward Backus tried to develop it, but thanks to God someone else was not shortsighted and saw the future opportunity of enjoyment by the people and a number of people worked tirelessly to save this land for natural enjoyment. Noremberg Gardens is another example of land that may be taken for granted, but if it had not been for Laura Noremberg Hoppe bequeathing that land on Lake Minnetonka, that land would also be gone, taken over by developers. Instead, she had far-reaching vision. She saw that she could preserve this land for people to enjoy for all time. A group of people recently thought to save some private precious land in Frog Town, St. Paul. They were able to get a 1.5 million dollar grant from the public trust for land. They received gifts and city matching and they were able to save that land for public enjoyment. The sellers also got their money. Ruegemer stated if we want this land preserved, we have to fight and work for change. The Planning Commission has already voted to change the guidance on this piece of property in the blink of an eye. We live in the City because we believe in the philosophy that Orono has stated. We voted for our Council members because we believed they would uphold the philosophy of Orono. The philosophy of Orono is to protect and preserve Lake Minnetonka, the water quality and its recreational assets, protect and preserve our many natural resources and open spaces, preserve our distinct rural and urban land use patterns and lifestyles, preserve our local character and identity. Our identity is going to go out the window if we cannot even follow our own philosophy. Ruegemer stated they can raise the money through Orono’s residents, grants, and perhaps even city matching funds. We can buy this land and give it to the Three Rivers Park District for the enjoyment of all people. Lakeview could be a pristine place for biking, hiking, walking dogs, rollerblading, playing, etc. Let’s save this land and keep Orono from becoming like every other suburb. Let’s follow our own philosophy. Donna Hager, 4580 West Branch Road, stated they originally purchased their property 50 years ago for the open space. They have enjoyed their property all of those years and they would hate to lose that wonderful amenity that the residents enjoy. It is something that cannot be replaced. Once it is gone to a housing development, it is forever gone. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 26 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 27 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Hager stated in her view the Council should, at the very least, grant 60 days for the group to investigate and come up with some ideas. To do less than that would be irresponsible. Hager stated she would urge the Council to keep the current guidance that was put wisely into the Comprehensive Plan. That planning not only preserves what we have now but goes forward to younger generations and preserves what we have in Orono, which is what makes Orono a special place. Mayor McMillan closed the public comment portion at 10:07 p.m. McMillan encouraged the residents to continue to provide the City Council with any additional comments via e-mail or phone. McMillan stated there are two items before the City Council tonight. One is the Comprehensive Plan amendment and the second is the sketch plan for a housing development. Levang indicated she would prefer to discuss the item separately and to discuss the Comprehensive Plan amendment first. Printup asked what the opinion of the City Attorney is regarding the 60-day delay. City Attorney Poehler stated if the Council feels it needs additional time to make a decision, it has a right to request an extension of the review period. After that period of time, the City would need to get permission from the applicant or take final action. Levang asked if it needs to be specified what will be accomplished in that 60-day period. Poehler stated the Council should have some general indication of what it is they are looking for. Printup stated in regard to the issues that have been raised relating to pedestrian safety, stormwater, septic, environmental and builability, are things that will change and a number of plans will be brought before the City Council. Printup stated he is not comfortable with that and that he would like to see something more realistic and what the housing development will actually look like once the data is arrived at. Printup indicated he is comfortable with the 60-day delay, which will give time for the grassroots movement and also give the City Council the information to make a better decision. Printup moved, Levang seconded, to table Application No. 13-3638 and 13-3639, Source Land Capital, LLC, on behalf of Grant Wenkstern (Lakeview Golf), 405 North Arm Drive, Comprehensive Plan Amendment and Sketch Plan Review, for 60 days. McMillan asked if an environmental assessment would be required in this situation. Grittman stated it is not required by state law since this development does not meet those thresholds. The minimum would be 100 housing units. McMillan noted Spring Hill Golf Course required an EAW to build a golf course. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 27 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 28 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Grittman stated within the EAW rules there is a category for creation of golf courses. McMillan noted a marketing plan was also mentioned, and asked whether this is a situation where it would be helpful for that to be done Grittman stated he has seen situations where cities have requested for some market research data to document the economic viability of the project. Grittman stated that happens more commonly with commercial development rather than residential. Grittman stated there are probably some factors in the City’s zoning rules to support a preliminary plat application but it is not unheard of to seek that type of information. McMillan stated if there is a 60-day delay, they would be looking at the January City Council meeting. Grittman noted the 60-day extension would end on January 24 and that the Council meeting would be on January 13. Michael Flannery asked if the fact that an EAW is not required mean that one cannot be requested. McMillan stated to her understanding the Council can request one if they feel it is necessary. Poehler stated it would be at the discretion of the Council if they feel it is necessary to make their decision. McMillan stated it would depend on the type of development being proposed, and that if it is different than a two-acre lot development, that it might be something to consider. Levang indicated she is in favor of doing an EAW if it makes sense to do it. McMillan stated she believes there should be a good reason for requiring something rather than simply adding costs to a development. McMillan stated it is important to be fair with a person’s property rights and that she would hate to add more expense to the developer and property owner if it is not truly necessary. Levang stated she would prefer to go through the 60 days and then determine at that point whether an EAW is appropriate. Printup stated the 60-day delay would preserve the high status that has been given to the City’s Comprehensive Plan as well as allow time for review of other alternatives and additional time to digest the information that is provided. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 28 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 29 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Anderson commented there are a lot of moving parts in this application currently and that she has heard a number of comments from the residents that should be evaluated. Anderson stated she would like to make sure the Council makes the proper decision on the application and whether an EAW should be required. Anderson stated the additional time would allow the Council to examine the information and not violate anyone’s property rights, which are very critical pieces. McMillan asked whether any information will be available on the soil tests and at what point some of this data will be received on the viability of the development. Grittman stated that type of information is usually provided at the time of preliminary plat application. Grittman indicated the City Council could ask what information the developer has obtained so far and that perhaps some preliminary information could be provided. Levang stated she would like to see as much of that information as early as possible in order for the City Council to make an analysis on how many units will be buildable. McMillan stated it would help provide an idea of how much open space would be available and that she would like to know what is being proposed as it relates to the public amenity. McMillan stated she does not feel it is something that should be a ball and chain for the Wenksterns but that it is a balancing act between the two. McMillan stated she would like to discuss the housing development aspect prior to voting on the motion. Levang noted the Council has received a lot of phone calls and e-mails and that the City Council appreciates all the thought the residents have put into this. Levang stated the City Council does not operate in a vacuum and that they need to hear from the residents. Levang indicated she has attempted to respond to each of the residents who has contacted her and that the Council does need to hear about the options that are being considered. Levang stated this is a huge decision for the Council and the Council members take it seriously and want to do the best job they can. McMillan stated the developer would like some thoughts regarding the PRD and that she does not want to leave them up in the air for 60 days. Levang stated she can understand why clustering is being proposed and that it presents a prettier picture than the two acre sites. Levang stated she has great concerns about the septic and the ability of the property to percolate. Levang indicated she lives on a parcel that consists of eight acres but that most of it is wetlands. Levang stated when her septic went down, they had a very difficult time finding a second site. Levang indicated she is very concerned about one acre lots and how viable they will be over time. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 29 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 30 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Levang stated she also is concerned about the views this development will have. Levang stated the houses will be at everyone’s sightlines and those views will be destroyed. Levang stated she would like to see more than a one acre site. Levang stated water quality and other issues will need to be addressed at some point, but at this time septic is the main issue. Anderson concurred that clustering is a novel idea but that septic sites are a huge concern. The drainage and runoff into either bay, which are very close to Lake Minnetonka, will cause additional problems relating to water quality, runoff to the neighbors in addition to the traffic and pedestrian foot traffic issues. Anderson stated there are a number of issues tied to this development and that she is not sure whether the developer will be able to answer all of them. Printup stated nobody has the answers to those questions here tonight and that he would like less speculation before making a decision on the clustering or one-acre lots. Printup stated another option is the two-acre minimum that the site is zoned for. Printup stated he does not want to put the cart before the horse before the actual numbers are determined. Anderson stated she is still stuck on the Comprehensive Plan and that in her view it is the Council’s duty to protect and preserve the Comprehensive Plan. Anderson indicated she is not ready to discuss many of these details. McMillan stated a big piece of Orono’s philosophy is to create two acre lots with their own septic that was created back in the 1970s. The city founders decided to make it two acre lots without city sewer, which is really at the heart of Orono’s philosophy and Comprehensive Plan. McMillan indicated she is not comfortable with a PRD or one-acre density since it basically goes against that philosophy. McMillan stated two acres might not be big enough for some of the sites given the drain tile and that golf courses were constructed at a time when a person could tile over wetlands. McMillan stated some of the land may also be classified as wetlands once it is tested, which will require buffers and setbacks. McMillan stated that is an example of the data that perhaps could be found out in the next 60 days. McMillan stated this is a wonderful opportunity, if this site does become a housing development, to have it be one that incorporates resource management and possibly bringing back and restoring wetlands and creating better stormwater opportunities for Lake Minnetonka. McMillan stated in her view the Watershed District will be very helpful in that regard and future maintenance that should be required. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 30 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 31 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) McMillan stated one of the key points would be to have a conservation design done on this property to identify the various natural resources on the site, which may change the location of the lots and the number of lots. McMillan stated the developer could look at perhaps three or four total private roads that do not connect with maybe ten homes on them rather than one road that winds through the entire development. McMillan stated she does not want to see curb and gutter and that clustering would look out of character. McMillan noted this land is in the middle of the country, and if it is developed, it needs to have a more rural character. McMillan indicated she would not be opposed to changing the zoning to five acres but that she is opposed to changing it to one acre lots. As land continues to get built up around the Cities, more and more people will come out to Orono looking for open space and wildlife corridors. McMillan stated in her view the aesthetics of a cluster development do not work in this environment. Levang noted she also is not in favor of the clubhouse or a gated community and that she is in agreement with Mayor McMillan that it should be a more rural environment. Anderson stated she would like to see if there are any trails within the development that could be open to the public and that she would prefer to see some kind of trail or shoulder along County Road 19. Anderson indicated she never envisioned this property as being anything but open space and that perhaps the City Council should consider five acre zoning for this area since it has been more historically rural and open space in character. Gaffron stated the City’s five acre zone is the northwest quadrant of the City and that this property does not touch it and is surrounded by two-acre zoning. Gaffron stated he would not call it spot zoning necessarily but that it would be creating something that is not in character with what is immediately around it. Anderson stated it currently is open space, which is also not totally compatible with the surrounding land. McMillan asked if a resolution of approval should be available at the City Council meeting on January 13. Gaffron noted action would need to be taken at the January 13 meeting before the 60 days are up. Levang asked if it could be tabled at that time. Gaffron stated the applicant would need to agree to an extension if the City Council wanted to table it. Gaffron indicated Staff would like some direction from the Council on what type of resolution the City Council would like to see prepared. Poehler stated action to approve or deny the resolution would need to be taken on January 13 containing the findings of the Council. Hiller asked what the Council would like to see happen in the next 60 days from them and the community. Hiller noted the golf course is not legally for sale at the present time and that the property is currently under contract. Hiller indicated in the next 60 days the golf course is not going to be for sale. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 31 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 32 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Hiller stated he is hearing that the clustering is not a preference and that the Council would prefer the two-acre zoning and layout. Anderson stated she would like to entertain higher acreage requirements. Printup stated he is talking about the Comprehensive Plan amendment being delayed, which will give the developer time to come up with a different type of layout, such as five or two acres. Hiller stated they are following the process that was outlined by the City for them to follow. Hiller indicated the work and economics are very different on a two-acre development versus a five-acre development and that their preparations were done on a two-acre minimum. Hiller stated they have not submitted an application to increase the size of the lots but merely for the Council to look at the guiding of the land. Hiller stated in the five-acre zoning would be inconsistent with the current zoning and that he is not sure what they would need to do to satisfy the Council’s concerns. Printup stated those are good questions and that they need to be answered at some point. Hiller stated there are a number of possibilities but that he is not clear what he should be working on. Levang stated a lot of it will be driven by the septic testing. Hiller stated the septic has to be tested in three or four spots on each of the lots, and that absent a final design, it is expensive to do the septic testing. Hiller indicated the design they have been working on was based on the clustering, which will need to be re-evaluated. Hiller stated it is conceivable they could come back with a design based on two acre lots and the septic testing could be done based on that. McMillan stated the Conservation Design work should also be done and that the City does not allow septic sites in wetland buffers. McMillan stated in her view the conservation overlay is one of the first things to be done and the fact that it has not been done is somewhat troubling. The conservation outlay will also help identify setbacks and wetlands. McMillan stated they may end up with some odd lots or odd sized parcels which is something that can be worked out with the Watershed District. McMillan commented there are a lot of unknowns at this point and that the conservation design needs to be done before the application gets too further down the road. McMillan stated in addition she does not want to see roads coming off of County Road 19 given the speed of the traffic. Hiller asked if the Council would like to see the conservation design overlay completed and some perc testing done on two-acre lots in the next 60 days. Printup stated that is close but that there is also some thought being given by the Council into the five acre minimum. McMillan asked whether the five-acre zoning would be up to the discretion of the developer. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 32 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 33 of 36 (8. #13-3638 and 13-3639 SOURCE LAND CAPITAL, LLC (PAT HILLER) O/B/O GRANT WENKSTERN (LAKEVIEW GOLF), 405 NORTH ARM DRIVE, COMPREHENSIVE PLAN AMENDMENT AND SKETCH PLAN REVIEW, Continued) Gaffron noted the current underlying zoning is two acres and that the developer could propose lots that are larger than that. Hiller stated the wetland delineation report is being prepared at this time. McMillan stated it is ultimately up to the developer to decide on whether to create the lots bigger than two acres. Hiller stated it is possible that some of the lots will be larger than two acres. Hiller stated as they look at the site and apply common sense, they will stay away from the natural features that should be protected and preserved. Grittman stated the information being requested is a little more detailed than what is normally provided with a sketch plan but not quite all the detail provided with a preliminary plat. Gaffron noted there is only one City Council meeting in December, and asked whether the City Council would like to see the information prior to January 13. Hiller indicated he is not sure how long the conservation study will take but that in his view they will get pretty close by then. McMillan asked whether a special meeting is an option the Council would like to consider. Anderson stated she is in favor of that and that she would have liked to have had a work session before this to discuss some of these items. Gaffron suggested a special hearing be scheduled for Monday, January 6. Levang asked if that would be enough time for the developer. Hiller stated in his view it probably will be but that he is not sure how long the conservation design will take. McMillan stated the Council would need the information no later than January 2. Printup moved, Levang seconded, to amend the motion on Application Nos. 13-3638 and 13-3639, Source Land Capital, LLC (Pat Hiller) on behalf of Grant Wenkstern (Lakeview Golf Course), 405 North Arm Drive, to table the applications to a special meeting on January 6 at 7 p.m. VOTE: Ayes 4, Nays 0. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 33 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 34 of 36 PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT *9. GREEN TREES ROAD SANITARY SEWER EXTENSION PROJECT, RESOLUTION NOS. 6340 & 6341 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6340, a Resolution Accepting the Feasibility Study for Green Trees Road Sanitary Sewer Extension, and to adopt RESOLUTION NO. 6341, a Resolution Ordering Improvement and Preparation of Plans for Green Trees Road Sanitary Sewer Extension Project. VOTE: Ayes 4, Nays 0. *10. PAY REQUEST NO. 2 – 2013 SANITARY SEWER REHABILITATION PROJECT Levang moved, Bremer seconded, to approve Pay Request No. 2 for the contractor Visu-Sewer, in the amount of $77,164.23, for the 2013 Sanitary Sewer Rehabilitation Project. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Levang noted City Engineer Jesse Struve sent out an email about the state aid variance committee looking for volunteers and that she did volunteer. The first meeting will be held in December. Levang stated the LMCC will be meeting next week and that she does not know the status of the resolution at this time but that she hopes some movement will made on the resolution. Printup thanked the veterans for their service and Thomas Longe for his work on the new veterans’ memorial. Printup stated there was a STS meeting earlier today and that it sounds like work will be starting this week. McMillan noted the Orono Police Academy held a graduation ceremony last week with approximately 12 people graduating. McMillan reported she and Mayor Hultmann met last week with Three Rivers Park District. Three Rivers is very interested in connecting the trails and indicated they are going to speak with their planner. McMillan indicated they are planning to meet again next week. CITY ADMINISTRATOR’S REPORT *11. DISPOSAL OF FORFEITED VEHICLES Levang moved, Bremer seconded, to approve the disposal of two forfeited vehicles, with both vehicles being sold to a salvage yard as scrap. VOTE: Ayes 4, Nays 0. Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 34 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 35 of 36 *12. NON-WAIVER OF TORT LIMITS – RESOLUTION NO. 6342 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6342, a Resolution Making a Selection not to Waive the Statutory Tort Limits for Liability Insurance Purposes. VOTE: Ayes 4, Nays 0. *13. CLOSE NAVARRE FIRE STATION PROJECT FUND – RESOLUTION NO. 6343 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6343, a Resolution to Close the Navarre Fire Station Project Fund. VOTE: Ayes 4, Nays 0. *14. CLOSE BIG ISLAND P UBLIC PROJECT FUND – RESOLUTION NO. 6344 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6344, a Resolution to Close the 2005 Big Island Public Project Fund. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT City Attorney Poehler stated she had nothing to report. *15. LICENSES AND PERMITS None *16. CLAIMS/BILLS Levang moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. 17. CLOSED MEETING FOR ATTORNEY-CLIENT PRIVILEGE Anderson moved, Levang seconded, to go into closed session to discuss pending litigation between the City of Orono and Jay Nygard. VOTE: Ayes 4, Nays 0. (The Orono City Council went into closed session from 10:59 p.m. to 11:18 p.m.) Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 35 of 36] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, November 12, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 36 of 36 ADJOURNMENT Anderson moved, Printup seconded, to adjourn the Orono City Council meeting at 11:18 p.m. VOTE: Ayes 4, Nays 0. ATTEST: _____________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Item #02 - CC Agenda - 11/25/2013 Approval of Council Minutes 11/12/2013 [Page 36 of 36] Item #03 - CC Agenda - 11/25/2013 Presentation - CSAH 112 Improvement Project [Page 1 of 6] Item #03 - CC Agenda - 11/25/2013 Presentation - CSAH 112 Improvement Project [Page 2 of 6] Item #03 - CC Agenda - 11/25/2013 Presentation - CSAH 112 Improvement Project [Page 3 of 6] Item #03 - CC Agenda - 11/25/2013 Presentation - CSAH 112 Improvement Project [Page 4 of 6] Item #03 - CC Agenda - 11/25/2013 Presentation - CSAH 112 Improvement Project [Page 5 of 6] Item #03 - CC Agenda - 11/25/2013 Presentation - CSAH 112 Improvement Project [Page 6 of 6] Item #04 - CC Agenda - 11/25/2013 File #13-3615 [Total Pages 91] Item #04 - CC Agenda - 11/25/2013 File #13-3615 [Total Pages 91] Item #04 - CC Agenda - 11/25/2013 File #13-3615 [Total Pages 91] Item #04 - CC Agenda - 11/25/2013 File #13-3615 [Total Pages 91] Item #04 - 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CC Agenda - 11/25/2013 2014 Navarre Street Light & Sidewalk Project [Page 1 of 4] Item #11 - CC Agenda - 11/25/2013 2014 Navarre Street Light & Sidewalk Project [Page 2 of 4] Item #11 - CC Agenda - 11/25/2013 2014 Navarre Street Light & Sidewalk Project [Page 3 of 4] Item #11 - CC Agenda - 11/25/2013 2014 Navarre Street Light & Sidewalk Project [Page 4 of 4] Item #12 - CC Agenda - 11/25/2013 Architectural Services and Construction Management Contracts [Page 1 of 84] Item #12 - CC Agenda - 11/25/2013 Architectural Services and Construction Management Contracts [Page 2 of 84] Item #12 - CC Agenda - 11/25/2013 Architectural Services and Construction Management Contracts [Page 3 of 84] Item #12 - CC Agenda - 11/25/2013 Architectural Services and Construction Management Contracts [Page 4 of 84] Item #12 - CC Agenda - 11/25/2013 Architectural Services and Construction Management Contracts [Page 5 of 84] Item #12 - CC Agenda - 11/25/2013 Architectural Services and Construction Management Contracts [Page 6 of 84] Item #12 - 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CC Agenda - 11/25/2013 Architectural Services and Construction Management Contracts [Page 83 of 84] Item #12 - CC Agenda - 11/25/2013 Architectural Services and Construction Management Contracts [Page 84 of 84] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 1 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 2 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 3 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 4 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 5 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 6 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 7 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 8 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 9 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 10 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 11 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 12 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 13 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 14 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 15 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 16 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 17 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 18 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 19 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 20 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 21 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 22 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 23 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 24 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 25 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 26 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 27 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 28 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 29 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 30 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 31 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 32 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 33 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 34 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 35 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 36 of 37] Item #13 - CC Agenda - 11/25/2013 Licenses & Permits [Page 37 of 37] Item #14 - CC Agenda - 11/25/2013 Claims/Bills [Page 1 of 10] Item #14 - CC Agenda - 11/25/2013 Claims/Bills [Page 2 of 10] Item #14 - CC Agenda - 11/25/2013 Claims/Bills [Page 3 of 10] Item #14 - CC Agenda - 11/25/2013 Claims/Bills [Page 4 of 10] Item #14 - CC Agenda - 11/25/2013 Claims/Bills [Page 5 of 10] Item #14 - CC Agenda - 11/25/2013 Claims/Bills [Page 6 of 10] Item #14 - CC Agenda - 11/25/2013 Claims/Bills [Page 7 of 10] Item #14 - CC Agenda - 11/25/2013 Claims/Bills [Page 8 of 10] Item #14 - CC Agenda - 11/25/2013 Claims/Bills [Page 9 of 10] Item #14 - CC Agenda - 11/25/2013 Claims/Bills [Page 10 of 10] Item #15 - CC Agenda - 11/25/2013 Closed Meeting [Page 1 of 1]