HomeMy WebLinkAbout03-22-2017 Council PacketAgenda for Council Meeting Set for Wednesday, March 22, 2017, 7: 00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
The public is invited to address the council regarding any item on the regular agenda. If your topic is not
on the agenda, you may speak during the Public Comments section.
Roll Call
Pledge of Allegiance
Approval of Agenda
1. Consent Agenda - Consent agenda items, including (*) asterisk items, are considered to be
routine items to be enacted upon by one motion by the City Council under this section of the
agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be
approved through one motion with no further discussion by the Council. Any item may be
removed by any Council Member, staff member or person from the public for separate
consideration. If you wish to remove any item from the Consent Agenda, please state the item
number and description of the item. Memos regarding each of the Agenda items are available in
the Public Packet located in the lobby near the sign in sheet.
Approval of Minutes
2. Council Meeting of March 13, 2017*
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.
Public Works/City Engineer Report
3. Resolution of Appreciation - Sarah Lindahl - Resolution*
Public Safety Report
4. Prescription Drug Take Back Program - Update
5. 2016 Police Department Annual Report - Presentation
Planning Department Report
6. Approval of Hennepin County 2017 Special Event Permit - Long Lake Rowing Crew*
7. 17-3894 City of Orono Text Amendment: Non -Encroachments - Ordinance
8. 17-3899 James Smale Representing Little Acorns Child Care Inc., 2060 Wayzata Blvd West,
Conditional Use Permit for Daycare Use - Resolution*
Mayor/Council Report
City Administrator's Report
9. Claims/Bills*
Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification
Agenda for Council Meeting Set for Wednesday, March 22, 2017, 7: 00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
City Attorney's Report
Closed Session
10. The meeting will be closed as permitted by the attorney-client privilege (section 13D.05,
subdivision 3(b)) to discuss pending litigation. Matthew and Susanne Johnson/David and
Archelle Feldshon v. City of Orono, etal. Court File 27 -CV -17-1030.
Adjournment
Upcoming Events NNEW--
2017
04-03-17 - Park Commission Work Session, Monday, 1:00 p.m.
04-10-17 - Council Meeting, Monday, 7:00 p.m.
04-17-17 - Planning Commission Meeting, Monday, 6:30 p.m. (Victoria Seals)
04-19-17 - Open Book Meeting, Wednesday, 4:00 p.m.
04-24-17 - Council Work Session, Monday, 5:00 p.m.
04-24-17 - Council Meeting, Monday, 7:00 p.m.
04-29-17 - Spring Cleanup, Saturday, 8:00 a.m.
05-01-17 - Park Commission Meeting, Monday 6:30 p.m.
05-08-17 - Council Meeting, Monday, 7:00 p.m.
05-15-17 - Planning Commission Meeting, Monday, 6:30 p.m. (Wendy Dankey)
05-22-17 - Council Work Session, Monday, 5:00 p.m.
05-22-17 - Council Meeting, Monday, 7:00 p.m.
05-29-17 - Memorial Day, Monday, City Offices Closed
Sign up for email notifications at www.ci.orono.mn.us - follow links for Stay Connected & Email Notification
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Dennis Walsh, Council Members Richard Crosby, 11, Wendy Dankey, Aaron Printup, and Victoria Seals.
Representing Staff were City Administrator Doug Reeder, Community Development Director Jeremy
Barnhart, Finance Director Ron Olson, Public Works Director/City Engineer Adam Edwards, Senior
Planner Michael Gaffron, City Planner Melanie Curtis, City Attorney Soren Mattick, Consulting City
Engineer David Martini, and Recorder Jackie Young.
Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
1. CONSENT AGENDA
Item Nos. 5, 9, 19, 20, and 21 were added to the Consent Agenda.
Printup moved, Seals seconded, to approve the Consent Agenda as amended.
VOTE: Ayes 5, Nays 0.
APPROVAL OF MINUTES
*2. CITY COUNCIL MEETING OF FEBRUARY 27,2017
Printup moved, Seals seconded, to approve the minutes of the Orono City Council meeting of
February 27, 2017, as submitted. VOTE: Ayes 5, Nays 0.
*3. CITY COUNCIL WORK SESSION OF FEBRUARY 27,2017
Printup moved, Seals seconded, to approve the minutes of the Orono City Council meeting of
February 27, 2017, as submitted. VOTE: Ayes 5, Nays 0.
PUBLIC COMMENTS
None
PUBLIC WORKS/CITY ENGINEER REPORT
4. FOX STREET REHABILITATION — APPROVAL TO SOLICIT BIDS
Consulting City Engineer Martini noted the City has been discussing improvement of Fox Street for a
number of years. In August of last year, a feasibility study was prepared for Fox Street consisting of an
analysis of the existing conditions, topographic surveying of the project area, and development of possible
courses of action to repair, replace, and improve the street. In September of 2016, the City Council
decided to move forward with the design for the section of pavement between Old Crystal Bay Road and
Brown Road.
Page I of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
4. FOX STREET REHABILITATION — APPROVAL TO SOLICIT BIDS - Continued -
Martini detailed the condition of Fox Street between Old Crystal Bay Road and Willow Drive, noting that
the pavement width varies between 21 feet and 23 feet in different areas, with the overall condition of the
pavement being in pretty poor condition. This section of the road sits on clay subgrades and also some
swamp composites. As you get closer to Brown Road near the bridge, there are some poor soils that the
road is constructed on. Pavement depth varies between five inches and six inches. The aggregate base
ranges from a couple of inches to up to four feet. Martini stated the road has existed for a long time and
has been maintained at various levels throughout the years.
Martini explained the proposed improvements will be similar to the reconstruction project completed on
Watertown Road and will consist of a complete reconstruction of the pavement and subgrade, putting in
new culverts, and installing geotechnical fabric. In addition, the bollards will be replaced with guardrails
and associated stormwater system repairs will be made. On the MSA section of the road, the pavement
will be widened to 22 feet wide, with a I -foot gravel shoulder to help protect the road and to provide
drivers with some recovery area if they drift off the paved section.
The anticipated total cost for both sections of the project is $1.1 million dollars. Section A, which is the
City -funded portion of the road, has an estimated cost of $617, 604. The state aid portion of the road has
an estimated cost of $489,982. Martini noted the current estimates are below what was originally
estimated in the feasibility study. The stormwater improvements are estimated at $43,057. Martini stated
the main difference between the numbers contained in the CIP and today's anticipated numbers are the
soil corrections. Originally it was thought there would be some settlement of the subgrade that would
need to be addressed but it is now felt that the soil has settled sufficiently given the age of the road.
Martini outlined the anticipated schedule for the project. If the Council authorizes the solicitation of bids
tonight, the bid opening will be April 18, with the project being awarded at the April 24 Council meeting.
Construction would begin the summer of 2017, with a September I completion date. Martini stated the
Council could elect to begin construction earlier in the spring, with an August 4 completion date, but that
his recommendation would be to start the project after school is out to avoid the need to coordinate the
work around the school bus schedule.
Seals asked if there is a cost difference between the August 4 completion date and the September I
completion date.
Martini stated basically they would be giving the contractor the same amount of time to get the work done
and that there likely would not be a cost difference. Martini indicated starting the work while school is
still in session would create some logistical issues with the buses coming and going. Martini stated his
preference would be to not have to coordinate that but that it is up to the City Council.
Printup asked if the gravel shoulder is required by MSA.
Martini indicated the City has to have a 24 -foot portion, which is the reason for the I -foot gravel shoulder
on either side. Martini stated generally vegetation will grow into the gravel but that it is nice if a tire goes
off the paved roadway. Martini stated he would prefer to be able to have a gravel shoulder on the City
portion as well but that the width is very tight in there given the existing conditions.
Page 2 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
4. FOX STREET REHABILITATION — APPROVAL TO SOLICIT BIDS — Continued -
Edwards stated the road would be similar to what was done on Watertown Road.
Crosby asked if the gravel shoulder is also needed for runoff.
Martini indicated the shoulder is not necessarily needed for the runoff but that it does help to protect the
edge of the pavement. Martini stated the biggest issue with the drainage is to get the water away from the
roadway, and where there is not much room on the side of the road, some curbing is being proposed.
Walsh asked if both dates could be put out there for bid to see whether there will be a cost difference.
Martini stated they can do that.
Walsh stated it would also be nice to include the intersection of Willow and Fox as it extends north and
south on Willow.
Edwards stated they did build in some capacity to field engineer that intersection. Edwards stated they
are also looking at patching the top layer of pavement at Old Crystal Bay just north of Fox.
Seals commented there really is no debate that the road needs to be done.
No public comments were received.
Reeder asked if they would need to have an alternate bid for the different completion date.
Martini stated there would be a Bid A and a Bid B with two different completion dates.
Walsh stated it is a long section of road and that the City will try to get the work completed as quickly as
possible.
Crosby commented weather will likely have a lot to do with when the project can be started.
Seals moved, Printup seconded, to authorize the solicitation of bids for the Fox Street project and to
establish a substantially complete date for the project of either August 4 (Bid A) or September 1
(Bid B). VOTE: Ayes 5, Nays 0.
*5. APPOINTMENT OF 2017 SEASONAL EMPLOYEES
Printup moved, Seals seconded, to approve the hiring of the seasonal employees as outlined in
Staff's memorandum dated March 13, 2017. VOTE: Ayes 5, Nays 0.
6. SAGA HILLS PARK PROJECT
Edwards stated this item relates to a proposal from the Orono Park Commission to conduct an
improvement project at Saga Hills. The Park Commission has identified Saga Hills as a focus park for
2016 and 2017.
Page 3 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
6. SAGA HILLS PARK PROJECT — Continued -
The scope of work includes clearing trees from and planting the hilltop area with native grasses, installing
trail and information signs, installing two benches, and installing trail gates. Also being proposed is
yearly maintenance of the cleared area going into the future.
Edwards displayed a map depicting the different sections of Saga Hill. Edwards noted the proposed area
of clearing is depicted in green and consists of approximately 4.5 acres. The yellow line depicts the
existing trail system that would also be improved.
Edwards stated the City acquired Saga Hill through a number of grants and volunteer efforts to raise
funds. This park has a number of unique attributes to it, with a number of nice tree stands and a portion
of Big Woods. The point of the project is to clear out the less desirable trees from around the nicer tree
stands.
At its March 3, 2017, meeting, the Park Commission voted 7-0 to recommend the City proceed forward
with the improvement project for the park.
Edwards noted they have not gone out for bids yet, but the estimated cost for the project is $36,780. The
majority of the cost is for the clearing and the replanting of native grasses. This project would be funded
through the Park Fund. The balance of the Park Fund is projected to be $808,863 at the end of 2017 if
this project is approved.
Staff recommends approval of the project.
Walsh stated from a historical perspective, the Park Commission was reconstituted approximately two
and a half years ago, with the goal being to bring the City's parks back to functional usage. Saga Hills
contains one of the highest points of ground in western Hennepin County. Walsh noted the part that is
being discussed for the clearing is the highest part. A number of years ago a person would be able to see
the lake from that point.
Walsh stated the Park Commission attempts to try and find one park every year to improve functionally
and bring it back to what it was historically. Walsh stated the City also has had some people volunteer to
help remove the trees. Walsh stated if this project is approved, the City could perhaps do it for less than
what is projected or the area could be expanded with the help of the volunteers. Walsh commended the
Park Commission for researching the history of the park and working on the proposed improvements.
Brenda Johnson, Park Commissioner, stated one of the really unique elements of the park is the fact that
there was a private and public partnership to try and save this area as an open space. That group of
interested citizens got together with the Park Commission and they are excited about the project. In
addition, Bryce Johnson on the Park Commission has done a great job of researching the history of the
park. Johnson stated in some of the City parks, the history defines the park, and Saga Hills is one of those
historic parks.
Seals asked what the undesirable trees consist of.
Page 4 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
6. SAGA HILLS PARK PROJECT — Continued -
Edwards indicated it consists of buckthorn and other volunteer trees. Edwards stated the Park
Commission is looking at preserving some of the nicer tree stands but the volunteer trees will be
removed.
Seals stated to her knowledge buckthorn cannot really be cut out and needs to be continually removed.
Seals asked if there is a long-term maintenance plan for the park.
Edwards stated the City would have to implement an annual maintenance plan to keep the area clear. It is
anticipated the City will need to spend between $2,500 and $3,000 a year, which is comparable to what is
spent on Lurton Park to treat for invasive species.
Walsh stated the Park Dedication Fund can be used for capital improvements, such as creating trails and
buying benches, but regular maintenance must be ftmded from the general park budget.
Dankey asked if there is parking available at this park.
Edwards indicated there is.
Walsh stated the parking lot also requires some improvements since this it has been neglected for a
number of years.
Edwards stated the Park Commission is also looking at doing some clearing along the trails, removing
some debris, and improving the parking lot by bringing in some gravel. Edwards noted those items are
not part of this project but are planned to be done sometime this year.
Walsh asked how much land the park consists of.
Edwards indicated it is 30 acres.
Walsh commented there will still be a lot of wooded areas after the clearing is done.
No additional public comments were received.
Crosby moved, Seals seconded, to approve the Saga Hills improvement project at a cost up to
$36,780. VOTE: Ayes 5, Nays 0.
Page 5 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
PLANNING DEPARTMENT REPORT — Planning Commission Representative Jon Schwingler
7 & 8. #17-3898 DALE RICHARDSON/CBS-MN PROPERTIES, 2060 WAYZATA BLVD.
WEST, AMEND PUD NO. 2C, AGREEMENT TO ALLOW DAYCARE USE and #17-3899,
JAMES SMALE REPRESENTING LITTLE ACORNS CHILD CARE, INC., 2060 WAYZATA
BOULEVARD WEST, CONDITIONAL USE PERMIT FOR DAYCARE USE
Gaffron stated the applicant is requesting the City amend the zoning provisions for the subject property to
allow 'daycare' as an allowed use for the property. In a separate application that will be reviewed this
evening, Little Acorns Childcare has requested a conditional use permit to operate a daycare in the
existing building on the property. This property is located just west of the Orono senior housing project.
The impetus for this request is the companion application by Little Acorns, which currently operates in
Long Lake. The owners of that business are looking to relocate to this property and operate out of the
existing building on the site.
The property is currently zoned B-6 PUD and is governed by the PUD No. 2C Development Contract as
well as Resolution 5613 that were granted in 2007. The only approved use for the site is a small office
condo complex, which consists of five buildings. To date only one building has been constructed, with
the foundation for the second building being in place. The property remains in a partially developed state
and contains the initial building with three vacant lots. The site grading, parking lot and utilities were
substantially completed by the original developer in 2007-2008. No additional activity has occurred on
the property since approximately 2009.
The Orono Planning Commission at its February meeting voted 6-0 to recommend approval of the
proposed amendment of the PUD No. 2C Agreement to allow 'Daycare Use' as a conditional use for the
property, subject to the following additional recommendations:
The amendment is for this property only.
2. Daycare should not be added as an allowed use in the B-6 District at this time.
The standard 50 square feet of outside play area per pupil that appears in Orono's 13- 1 and B-3
conditional use requirements for daycare should not be included in the amendment text since
this standard conflicts with state licensing standards. The applicants should merely be subject to
State licensing standards. It was the recommendation that the provision for 50 square feet of
outside play area appearing in the City's 13- 1 and B-3 District daycare standards should be
eliminated.
Gaffron stated the applicant is actually proposing roughly 1,500 square feet in one area and another
outdoor play area to the northeast.
Page 6 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
7 & 8. #17-3898 DALE RICHARDSON/CBS-MN PROPERTIES, 2060 WAYZATA BLVD.
WEST, AMEND PUD NO. 2C, AGREEMENT TO ALLOW DAYCARE USE and #17-3899,
JAMES SMALE REPRESENTING LITTLE ACORNS CHILD CARE, INC., 2060 WAYZATA
BOULEVARD WEST, CONDITIONAL USE PERMIT FOR DAYCARE USE — Continued -
The Planning Commission did review a variety of topics, including conformity with the City's
Comprehensive Plan. The Comprehensive Plan does suggest that areas west of the senior housing center
should be considered for service use. Daycare would be considered a service use. The Planning
Commission also looked at the surrounding uses and impacts to the neighboring properties, the potential
future use of the site, how the dayeare use might be impacted by the potential future use of this site, the
parking requirements of the site and access. Parking was originally put in place based on requirements
for office use.
Gaffron noted access to the site is from Wayzata Boulevard. At the time the site was developed in 2007,
there was no expectation at that point that the median would be removed and so there is only a
right-in/right-out access onto Highway 12. Gaffron stated what was put into place was an easement
across the senior housing site to provide access to the stoplight.
The Planning Commission also reviewed the stormwater for the site. There is a tile system that runs from
the northwest to the southeast. All the stormwater for this site drains to the stormwater pond located at
the northwest comer of Brown Road so no additional stormwater improvements are required.
Staff recommends approval per the Planning Commission recommendation. A draft amendment of the
PUD No. 2C Agreement is before the City Council tonight.
It should be noted that the Amendment as drafted applies to Lot 1, which is the site of the existing
building, with an allowance for ancillary facilities (outdoor recreation area) within the commons parking
lot, Lot 6. This precludes the daycare use extending to the other four building lots.
Gaffron stated if the Council desires, the amendment of the B- I and B-3 Districts to remove the 50 square
feet outdoor play area requirement will be placed on the ongoing list of future code amendments.
Printup asked what would happen when the site by the outdoor play area gets developed.
Gaffron stated it is possible that the three sites will be re -platted into one and consolidated but the
applicant will need to address that.
Dale Richardson, CBS -MN Properties, stated they do not intend on constructing a building in that comer
but they do intend to re -plat the three lots into one larger lot. Richardson indicated they do plan to start
construction on the second building sometime this spring or summer. Richardson noted there is a
sidewalk system that is incorporated into the site plan.
Printup asked what their plans are for the second building.
Richardson indicated they are currently redoing the plans on that building but that it will be a two-level
building. Richardson stated they hope to start construction by May.
Walsh commented in his view this is a good use for the property.
Page 7 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
7 & 8. #17-3898 DALE RICHARDSON/CBS-MN PROPERTIES, 2060 WAYZATA BLVD.
WEST, AMEND PUD NO. 2C, AGREEMENT TO ALLOW DAYCARE USE and #17-3899,
JAMES SMALE REPRESENTING LITTLE ACORNS CHILD CARE, INC., 2060 WAYZATA
BOULEVARD WEST, CONDITIONAL USE PERMIT FOR DAYCARE USE — Continued-
Printup asked what type of use they are looking at for the second building.
Richardson stated they are looking at professional use, such as a law firm or architectural firm.
Seals asked what they are contemplating for the rest of the site.
Richardson stated they would like to construct one large professional medical building around 24,000
square feet with underground parking.
No public comments were received on this application.
Walsh recommended the City Attorney add to his list the elimination of the City's code language
regarding the outdoor play area and instead incorporate language that follows the state standards.
Seals moved, Crosby seconded, to adopt the First Amendment to Planned Unit Development No. 2C
Agreement and Development Contract, and to direct Staff to draft an approval resolution for
Application No. 17-3899, James Smale representing Little Acorns Childcare, Inc., 2060 Wayzata
Boulevard West, granting of a conditional use permit for daycare use.
Gaffron noted the resolution regarding the conditional use permit would be back before the City Council
at the next meeting.
VOTE: Ayes 5, Nays 0.
*9. #17-3900 SCOTT KIRCHNER, 1090 HERITAGE LANE, VARIANCE — RESOLUTION
NO. 6731.
Printup moved, Seals seconded, to adopt RESOLUTION NO. 6731, a Resolution Approving a
Variance from Municipal Zoning Code Section 78-305, for the property located at 1090 Heritage
Lane, File No. 17-3900. VOTE: Ayes 5, Nays 0.
10. #17-3904 LAUREL ULLAND ARCHITECTURE/MARTHA MYERS HEAD, 2090
SHORELINE DRIVE, CUP VARIANCE — RESOLUTION NO. 6732
Curtis stated the applicant is requesting two conditional use permits and a variance in order to reconstruct
the guest cabin on the property. The existing guest cabin is located within the I 00 -year floodplain and
was damaged by the flooding that happened in 2014. The cabin is also located lake ward of the average
lakeshore setback.
The new guest cabin will require an average lakeshore setback variance due to the location of the home
across the bay at 2065 North Shore Drive. That property is technically the next adjacent lakeshore lot.
Page 8 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
10. #17-3904 LAUREL ULLAND ARCHITECTURE/MARTHA MYERS HEAD, 2090
SHORELINE DRIVE, CUP VARIANCE — RESOLUTION NO. 6732 — Continued -
The proposal involves reconstructing and elevating the cabin above the floodplain using helical piers
rather than fill material, which triggers the need for the first conditional use permit. The existing cabin
was constructed prior to the City's guest house conditional use permit requirements, which triggers the
second conditional use permit. The CUP is required because the guest house/cabin will be reconstructed
in a different expanded footprint and is in a nonconforming location. The simple act of raising the cabin
out of the floodplain is considered an expansion that would trigger the average setback variance
requirement as well.
At their February meeting, the Planning Commission voted 6-0 to recommend approval of the conditional
use permits and variance. Staff recommends approval of the application.
The City Council should make a motion to adopt or amend the approval resolution that is before them
tonight.
Seals stated she understands the idea of replacing the cabin in the same location and raising it, but that she
is challenged with increasing the footprint even further into the 75 -foot setback.
Curtis noted the applicants withdrew that request during the Planning Commission meeting.
Walsh asked if the applicants would like to expand the footprint.
Curtis indicated the applicants would like to expand the footprint to make the cabin slightly larger than
the current cabin. Curtis noted the cabin is not in the exact same location because a portion of the cabin is
not being rebuilt. The applicants are attempting to move the cabin further away from the garden on the
property, out of the floodplain, and out of the 75 -foot setback. The intent is to make the cabin similar to
what exists but make it more functional for their family.
Printup asked if the cabin could be moved without triggering an expansion. Printup stated the City will
usually allow something to be replaced as is.
Curtis indicated the applicants can replace it as is without coming before the City Council. Curtis stated
if the applicants were to just take the structure as it is and just lift it would be considered an expansion
because it increases the volume of the space that is not a cabin above it. Curtis stated the Council can
limit the approval to what currently exists.
Curtis noted structural coverage on the property is not applicable and the hardcover is not being
increased. In addition, the 75 -foot encroachment has been eliminated. Curtis stated the setback is
determined by the property across the bay which has no impact from this project and that the applicants
would like to make the cabin more functional.
Seals asked if this is the only structure the applicants are looking to deal with. Seals stated raising the
elevation of the cabin does make sense since flooding was an issue.
Crosby asked how high they are going up.
Page 9 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
10. #17-3904 LAUREL ULLAND ARCHITECTURE/MARTHA MYERS HEAD, 2090
SHORELINE DRIVE, CUP VARIANCE — RESOLUTION NO. 6732 — Continued -
Curtis stated the floor elevation will be 933.5', which is a foot above the required City and FEMA low
floor standard. The applicants are also complying with the extra requirement of the Watershed District
and are meeting all of their requirements. Curtis noted the structure will be on piers and open underneath
so water can flow beneath it.
Laurel Ulland, Architect, stated she can answer any questions the Council may have.
Crosby asked how many square feet is being added.
Ulland indicated it is approximately 500 square feet and that they are increasing the hardcover to around
13.05 percent of lot area. Ulland stated they are expanding it to include some porches, which are being
counted as part of the hardcover.
Dankey asked what percent of the land is in the floodplain.
Ulland stated she is unable to give an exact percentage but that the majority of the property is in the
floodplain.
Curtis stated the 9311 contour creates essentially an extended island where the home is and that a good
portion of the remainder of the property is located within the floodplain.
Ulland stated the main residence is located on a hill and the rest of it is in the floodplain.
Printup asked what can be done to limit the expansion. Printup noted they can rebuild it as is.
Ulland stated her understanding is that the average lakeshore setback is predicated by the adjacent
property, which would set it 170 feet from the lakeshore.
Walsh stated Council Member Printup is talking more about the additional 500 square feet.
Ulland stated the existing cabin that is there is a compilation of three or four earlier structures built in
1925. The cabin was used by the family, and what is envisioned for the future is the same family using
the cabin but a larger family. The cabin is being expanded to allow for an additional bedroom and a
porch. Ulland noted this is one of a few properties left that is used only during the summer or basically
from May to September.
Printup commented he has concerns that the City Council did not allow someone to have some driveway
monuments and now they are looking at expanding this structure that the City does not normally do.
Ulland stated they can take a look at the massing of the structure but that they are attempting to match the
character of the original house structure. Ulland stated the cabin will not look like a huge new residence
on the property but will be very compatible.
Page 10 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
10. #17-3904 LAUREL ULLAND ARCHITECTURE/MARTHA MYERS HEAD, 2090
SHORELINE DRIVE, CUP VARIANCE — RESOLUTION NO. 6732 — Continued -
Curtis stated if the expansion were going to adversely impact the property owner where the setback is
determined from, Staff would have a concern about it. From the standpoint of that variance, Staff looked
at this lot as being on a point, with all other code requirements being met. Curtis stated while the word
expansion seems like Staff is allowing something that the City would not normally allow, this project
would not adversely impact the adjacent neighbors. Curtis noted the applicants had proposed a stoop on
the north side and that was withdrawn.
No public comments were received.
Printup moved, Crosby seconded, to adopt RESOLUTION NO. 6732, a Resolution Approving a
Variance from Municipal Zoning Code Section 78-1279 and Conditional Use Permits Pursuant to
Municipal Zoning Code Sections 78-303 and 78-1126, for the property located at 2090 Shoreline
Drive, File No. 17-3904. VOTE: Ayes 5, Nays 0.
11. #17-3906 JOSHUA/MARKUM BUILDERS, 3472 LYRIC AVENUE, VARIANCES —
RESOLUTION NO. 6735
Gaffron stated the applicant is requesting lot area and lot width variances in order to construct a new
residence to replace the existing residence on the property. The small lot would quality for buildability
without area and width variances but it would be subject to a 25 percent hardcover limit, which is based
on the City's Shoreland regulations. The property is located in Tier 3 hardcover zone, which normally
allows 35 percent hardcover. In orderto be ableto exceedthe 25 percent limit and go up to the 35
percent limit, the lot area and width variances are required.
The applicants' initial plan indicated lot coverage slightly in excess of the 1,500 square feet that is
allowed. The applicants have since changed their plan to meet the 1,500 square foot limit. There is an
existing detached garage and a fairly new home to the immediate west on the double lot. The house to the
east is on a single lot. The proposed house would eliminate the detached garage in back and instead an
attached garage would be constructed in the front. This results in a reduction in hardcover.
The Planning Commission reviewed this application and held a public hearing at its February meeting.
During that meeting comments were received from the neighbor to the immediate east and from the
neighbor to the north. One of the concerns of the neighbor to the north is the fact that there is a retaining
wall and the existing garage has acted as a fence to keep her dog confined to her yard. The Planning
Commission had requested the applicant work with the property owner to the north in order to maintain a
fence of some sort so there is not an issue with the animal leaving the yard.
The neighbor to the east was concerned about drainage. The applicant has provided a revised plan today
to maintain the drainage within the site and out to the street so that it will not impact the neighbor to the
east.
The Planning Commission voted 6-0 to recommend approval of the area and width variance request as
presented subject to the following recommendations:
Page 11 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
11. #17-3906 OSHUA/MARKUM BUILDERS, 3472 LYRIC AVENUE, VARIANCES —
RESOLUTION NO. 6735 — Continued -
I . No hardcover or structural coverage variances to be granted.
2. A drainage plan should be established to reduce/eliminate drainage to adjacent properties to the
extent possible, especially the property to the east.
3. The applicant is encouraged to work with the neighbor to the north regarding fence concerns.
Addressing the neighbor's fence concerns is advisory only since there is no code requirement that
a fence be constructed at the rear lot line.
4. The drainage plan will be reviewed by the City Engineer prior to building permit issuance.
Gaffron stated the City will be seeing similar applications in the near future where the Shoreland
regulations allowed someone to construct a house on the small lot but limited them to 25 percent
hardcover. Gaffron stated at the next Planning Commission meeting will be two applications where a
house was constructed at 25 percent in the last couple of years but the property owners would now like to
add more hardcover. Staff is exploring ways that this type of situation can be avoided.
Staff recommends approval of this application per the Planning Commission recommendation.
Crosby asked if the drainage issue has been satisfactorily resolved.
Gaffron indicated it has and that the City Engineer will be taking a look at that prior to the building permit
being issued.
Walsh asked how they can codify the issue with the neighbor to the north.
Gaffron stated there is no code that says someone has to provide a fence for the neighbor but the applicant
could perhaps address that.
Mark Olson, Builder, stated a fence will be constructed back there and during construction a snow fence
will be erected. Olson stated he is not sure at this point what the fence will be constructed out of.
Olson stated as it relates to the drainage, he did submit a revised drainage plan and that they will be
constructing a swale. Olson stated the elevation will match on both lots so water from this lot will not go
onto the neighbor's property. Olson indicated he has also sent the erosion control plan to the Watershed
District for their review and that hopefully he can start work soon.
Walsh asked if he is agreeable that language be included in the resolution that the owner/builder has
agreed to erect some sort of fence in the back.
Olson stated that is fine.
No public comments were received.
Page 12 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
11. #17-3906 OSHUA/MARKUM BUILDERS, 3472 LYRIC AVENUE, VARIANCES —
RESOLUTION NO. 6735 — Continued-
Printup moved, Crosby seconded, to adopt RESOLUTION NO. 6735, a Resolution Granting
Variances to Orono Municipal Zoning Code Section 78-350 for the property located at 3472 Lyric
Avenue, File No. 17-3906, with language being added to the resolution that the owner/builder has
agreed to construct a fence in the back. VOTE: Ayes 5, Nays 0.
12. #17-3903 ALEX UGORETS, 2520 SHADYWOOD ROAD, SKETCH PLAN
Barnhart stated the property owner is seeking City Council feedback on a sketch plan for a proposed
development at 2520 Shadywood Road located south of the Freshwater Business Center. The lot is
currently vacant. The proposed use and density is within the guidelines of the City's Comprehensive Plan
but the property will need to be rezoned from the current business zone to a residential zone to
accommodate the residential use. The development, the site plan approval of the actual building, and the
rezoning will require a formal public hearing since it represents a policy change. Barnhart stated it is
appropriate to review it as a sketch plan at this point but there will be formal public hearing if the property
owner chooses to proceed with an application.
The proposal includes a 49 -unit apartment building. The building will be three stories in the front and
four to five stories in the rear depending on the angle. There will be parking for 100 cars, with 50 of
those being surface parking and 50 underground. Access to the site will be off of Shadywood and will
line up with the church access across the street. This will require reconfiguration of the access that
services the Freshwater Business Center. Hennepin County appears to be supportive of the proposed
driveway location.
The proposed density is slightly higher than what is guided for in the Comprehensive Plan. The property
owner owns four lots in this area and the lot lines can be rearranged if necessary. Barnhart stated the
Council should provide some direction on what they feel is appropriate density for the site. The
hardcover as currently proposed appears to meet the requirements of the zoning district.
Barnhart displayed an aerial of the area and pointed out the location of the Freshwater Business Center,
Shadywood Road, Lund's and the bank. Barnhart noted those three businesses recently went through a
facelift last summer. The most impacted residential homes are to the east and south of the site.
The site plan shows the proposed parking lot sits on the upper portion of the vacant lot. The property
slopes towards the wetland. As the property drops down, the building is sighted to accommodate that
drop. The proposal minimizes grading impacts to the wetland. The grading plan will be reviewed as part
of the zoning process in greater detail.
Barnhart stated a sketch plan is primarily an opportunity for the applicant to prepare a project for the
Planning Commission and City Council to review and comment on what is being proposed. There is no
public hearing scheduled with a sketch plan and it is more of an opportunity for feedback.
Page 13 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS, 2520 SHADYWOOD ROAD, SKETCH PLAN — Continued -
Barnhart indicated the applicant has a number of photographs he would like to show as part of his
presentation but that this aerial picture depicts the building from the front with three stories and a
penthouse. A flat roof building is proposed, which is different than most residential structures in town,
but the Planning Commission indicated they are comfortable with the flat roof, citing the fact that a
number of commercial buildings in Navarre have flat roofs. Barnhart stated a flat roof may also appear to
be less massive.
Barnhart displayed a view of the building from the wetland. From the back the building does appear to
be 5.5 stories with the penthouse level. Barnhart noted the penthouse does not cover the entire upper
level of the building. Barnhart displayed a number of sketches depicting the proposed building on the site
from different angles.
The Planning Commission reviewed a number of issues and indicated they were comfortable with the
density. In addition, the Planning Commission discussed the height and recognized that Orono has
historically stood firm on three stories. Last summer the City adjusted the height limitation to not be
calculated on the number of stories but rather calculated on the actual height elevation. From a height
standpoint, this project will likely be a PUD and the City will have some flexibility on the height.
The Planning Commission also talked about fire safety and the expectation that Fire Code would be met.
It is Staff s expectation that some sort of driveway will be required around the back of the building to
meet Fire Code but that Staff will defer to the Fire Chief on those issues.
One of the comments that the Planning Commission noted was the residential homes will be the most
impacted from a visual standpoint based on the proximity of the building to the homes. There is a large
wetland that separates the property and impacts the property owner's ability to develop the entire site.
The developer has provided some sketches to illustrate the separation between the proposed building and
the residential area.
Crosby noted the people on Lydiard will also be impacted.
Barnhart stated it is likely there will be some type of development on this site and that the question is
what is the most appropriate. The site is currently guided for mixed use, which could either be business
use or an apartment building.
Crosby asked whether this area could be developed as single-family homes.
Barnhart stated the Comprehensive Plan would need to be amended and that the site is currently guided
for 6 to 15 units per acre. When the Comprehensive Plan amendment was approved for Shadywood
Villas, the density on this site was increased.
Seals asked how many acres the site consists of.
Barnhart stated to his knowledge it is approximately three acres of upland. Barnhart stated the applicant
is proposing 15 units per acre.
Page 14 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS, 2520 SHADYWOOD ROAD, SKETCH PLAN — Continued-
Printup asked if sewer, utilities and infrastructure can handle that many units.
Barnhart stated the expectation at this time is that it can but that will be a key component of the formal
review. Barnhart stated Staff would be more concerned if the applicant was proposing a density of 30
units per acre but that he is comfortable with the 15 units.
Seals stated it is obvious the three residential lots will be the most impacted. Seals asked how the City
will go about notifying everyone. Seals stated everyone in Navarre will be affected by the traffic and that
when she looks at the sketch plan, it does not appear to fit in with the Navarre area. Seals stated she
wants to make sure there is a good group of people from Navarre to provide input.
Walsh noted he has discussed making the sketch plan process part of the notification process and that he
would like to keep that on the burner for the City Attorney. Walsh stated he would like to avoid having
the developer spend a lot of money on plans if it turns out the neighborhood is opposed to the project.
Crosby commented traffic is a major issue in that area and that traffic will tie up all the way to the
Narrows Bridge at times and that it is a very dangerous intersection.
Walsh stated this lot will be developed in some way and that it is a matter of what is appropriate from a
size, height, and density point of view. Walsh stated they all agree there are traffic issues in the area but
that Hennepin County will be dealing with the intersection in 2019, with public hearings coming up later
this year.
Seals stated sometimes when there is a dramatic change, people are more hesitant to support the project
and that she does not want the developer to invest a lot of money into something that does not have the
support of the neighborhood. Seals stated if someone looks around Navarre, everything is so different
and that every house and business is its own individual building. Seals asked if there is a way to make it
look like it is not so massive.
Walsh stated the City Council can provide guidance on the density and the height of the building but that
the Council cannot design it for them.
Seals commented if someone is a resident of Navarre, they will see this big flat roof building and that
public feedback would be very helpful in this situation to help guide the developer.
Barnhart noted the Planning Commission recommended a formal traffic study be done as part of the
application. From the standpoint of the impact to the neighborhood, the Planning Commission did
discuss that as well and encouraged the applicant to reach out to the neighbors as soon as possible before
final decisions are made by them on the sketch plan. Barnhart stated to his understanding the applicant
did visit with some of the residents and that correspondence has been provided to the Council.
Crosby stated he would like to see that discussion expanded to the residents on Lydiard and Kelly and
that it will impact more than the three residences.
Seals noted there was discussion at the Planning Commission meeting about having a meeting at the
Freshwater Institute with the residents, which would be a good idea.
Page IS of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS, 2520 SHADYWOOD ROAD, SKETCH PLAN — Continued -
Walsh stated he understands there was some talk about realigning the driveway with the church across the
street and then the Council also discussed aligning the driveway with the new development across the
street. Walsh stated he is not sure what will happen to the other driveway.
Barnhart stated the original plan was to coordinate the Shadywood Villas' access, access for the
Freshwater Building and this lot, and then eventually the church. The applicant has talked extensively
with Hennepin County. Based on the future plans for turning lanes that will be proposed for this area,
the County is comfortable with the driveway offset. Barnhart stated the original goal was to coordinate
them all into one. Barnhart noted this alignment does have some benefits to the Freshwater building
because that driveway would minimize the amount of parking. Barnhart stated businesses will experience
more traffic than a residential property and that Hennepin County is comfortable with the proposal.
Crosby asked what the Freshwater site is zoned at.
Barnhart indicated the building is zoned B-4, which is office and office related uses. Currently the only
use being proposed is office for that site.
Tom Goodrum, senior planner for Westwood Professional Services, stated he would first like to talk
about the neighborhood and then talk about the design of the property and why it is an appropriate use for
the site.
Goodrum indicated they did send a letter out to everybody within 3 5 0 feet following the Planning
Commission meeting and that they received one letter back from the neighbor behind the property.
Goodrum stated they did correspond with that person and that they will be meeting with that neighbor on
the site tomorrow to speak with him about the impacts. Goodrum stated that neighbor basically would
like some more information on the project.
Goodrum stated when Mr. Ugorets purchased the Freshwater building, he was excited about the recent
improvements in Navarre and went ahead and made improvements to the Freshwater building. Goodrum
commented this area is becoming a popular place to be and that Mr. Ugorets has received a number of
positive comments about how nice the Freshwater building looks.
Goodrum noted there currently are not a lot of housing choices available in this area. Goodrum stated
they do not have a specific housing type in mind at this time for the site and that they are open to what
best meets the needs of the neighborhood. Condominiums or market rate apartments are an option.
At 15 units per acre, the density is within Orono's Comprehensive Plan. In addition, Mr. Ugorets owns
an additional 12 acres of land. If those 12 acres are added to this property to this site, the density would
be five units per acre. Goodrum noted they are using approximately12 percent of the land for building.
Goodrum noted his office, Westwood, does have a traffic division within their company and that they will
be taking a more in depth look at the traffic impacts.
Crosby asked what percentage of the property is wetland.
Page 16 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS, 2520 SHADYWOOD ROAD, SKETCH PLAN — Continued -
Goodrum stated the wetlands for this property are on the edge of the site so it would only be a small
percentage. Goodrum stated he would estimate it at under 10 percent. Discussions have been had with
the Watershed District and they were able to walk the property. Goodrum indicated they will be meeting
the Watershed District's requirements and that they were pleased with the approach being taken to the
property.
Goodrum indicated they also met with Hennepin County and they looked at the best access point for the
site. Hennepin County indicated they were fine with combining access to this site with the Freshwater
site. Goodrum stated based on their experience, the development would have a very small impact to the
flow of traffic but that they are prepared to submit a formal traffic study.
Goodrum stated when they were designing the sketch plan, they wanted this building to be
complementary to the Freshwater building because they do not want it to have a negative impact to the
office building. Being proposed are similar type features to the Freshwater building, especially as it
relates to the height. The front of the Freshwater building is 30 feet, the height of this building is 30 feet
in the front, and the penthouse steps up another nine feet in the back comer on the far side of the property.
Goodrum stated the purpose of the penthouse is to provide beautiful views, meet market demand, and to
match the height of the Freshwater building, which is 54 feet tall from the back.
Goodrum indicated they used the Freshwater building to match this building and that it will have the same
visual impact as the Freshwater building. As you move south past the building, the penthouse is stepped
down and the building goes down to 31 feet. Goodrum indicated that is a transitional area from the
Freshwater into the residential area.
Goodrum stated the reason for that height is because the ground slopes 12 feet down into the wetland
area. Goodrum commented it makes more sense to use the natural topography and having the proposed
elevation than it would to haul in a bunch of fill. The lowest floor is the exposed parking garage, which
will have screening around it. Goodrum stated they could bring in a bunch of dirt to cover the bottom two
stories but that would result in hauling a lot of dirt into the site and does not work with the natural
topography. Goodrum stated they are hoping the height is something the City will not consider to be a
negative impact, especially since that comer of the proposed building matches the height of the
Freshwater building. Goodrum noted the building is also set back from the road to avoid creating a tunnel
effect.
In addition, a berm will be constructed as well as landscaping to help block headlights and to help screen
the building. Goodrum commented they spent a considerable amount of time fitting the building on the
property and have it conform to the natural topography.
Seals asked if there is a potential to put a right -turn lane into this property.
Barnhart stated the County would likely object to that. In addition, the wetland is also fairly close to that
area, which is where some separation would be required. Barnhart noted there is a right-in/right-out at the
north end of the parking lot. Hennepin County would like to get rid of that at some point but at this time
they are willing to accept that.
Page 17 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS, 2520 SHADYWOOD ROAD, SKETCH PLAN — Continued -
Goodrum stated the visual impact of the building is focused primarily on the three residential homes and
the windows in those homes are faced more away from the building.
Goodrum displayed some aerial pictures of the site, noting there are a nurnber of trees on the site between
the building and the residential homes that will remain. Goodrum displayed some pictures depicting the
view of the site from the residential homes.
Crosby asked what the people on the other side of the road will see.
Goodrum stated they would see a 30 -foot high structure similar to the Freshwater building.
Seals stated the last time she remembered a development being discussed by the Council there were a
number of residents who appeared and that she would encourage the developer to reach out to a wider
area.
Walsh asked if the height of a house could be 30 feet or 39 feet if it was stepped back part of the way.
Barnhart stated on a flat roof, Staff measures from the top point of the highest adjacent grade. Barnhart
stated the applicant is suggesting that there are some design elements that will mitigate some of that.
Walsh noted residential homes would be peaked at 30 feet and could not be stepped back in the front or
the back.
Goodrum noted residential homes have pitched roofs, which makes them appear taller.
Walsh commented they are actually getting more because they do not have the pitch. Walsh stated if one
person is allowed a higher height, other people will want the same thing.
Goodrum noted there is a 75 -foot buffer from the wetlands and that the trees in the area will not be
removed. Goodrum stated they also need to incorporate some stonnwater ponding in that area but that
they want to preserve as many trees as possible.
Walsh asked how many acres there are total.
Goodrum indicated it is approximately 20 acres if all the lots are combined.
Walsh asked how much of that is dry buildable.
Goodrum stated the area they are looking at is approximately three acres.
Barnhart stated he does not have that exact number, but to his knowledge there are approximately three
acres of dry buildable on this site and Freshwater has around five acres.
Walsh noted only the dry buildable counts towards the density.
Page 18 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS, 2520 SHADYWOOD ROAD, SKETCH PLAN — Continued -
Barnhart stated Orono only allows dry buildable but the Metropolitan Council allows the wetland area to
be included in the density calculations.
Gaffron stated the dry buildable and the buffer area can be included but not the actual wetland.
Goodrum noted there is some additional dry buildable on the other lots.
Walsh stated his only issue is the height of the building. Walsh commented a house gets 30 feet and that
they should try to work with the 30 feet.
Printup asked what it will look like aesthetically as someone comes from Wayzata and whether someone
would be able to see this flat roof apartment building across the wetland.
Crosby stated as you go west on Shoreline, you would see it.
Goodrum noted this building would be somewhat shielded by the Freshwater building and that someone
would be able to see further west on Shoreline. Goodrum stated if you look across the wetland, you will
see the comers of the building.
Walsh stated the lot will get developed in some way and that the Council needs to provide the applicant
direction on the height. Walsh stated he is leaning towards limiting it to 30 feet.
Seals commented she would like to get some input from the neighbors since they will be looking at it.
Goodrum noted the 30 feet from the front is doable.
Walsh stated the penthouse would need to be included in the 30.
Barnhart stated the direction he has heard from the Council so far is to limit the height at 30 feet and that
they would like neighborhood input. In addition, concerns were also expressed about the traffic impacts
and the need to have a better understanding of those impacts.
Crosby stated the dry buildable on this site compared to all the lots would be interesting. Crosby stated
the main issue is to get the input from the neighbors and make sure the residents in the area are aware of
what is going on.
Seals commented she understands the public hearings are further down the road but that she would like to
get the word out earlier.
Goodrum stated they did reach out to everyone within 350 feet and that they will do that again.
Dankey encouraged them to go beyond the 350 -foot area.
Crosby commented he still has a major concern with traffic.
Page 19 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS, 2520 SHADYWOOD ROAD, SKETCH PLAN — Continued-
Dankey stated it is very difficult to pull out of Lund's since there is always traffic there.
Alex Ugorets, 175 Brentwood Avenue, Tonka Bay, stated he bought the Freshwater business center and
tried to bring it back to life. Ugorets commented it is a lot of work and cost a lot of money but that he
gets a lot of compliments from people stopping by. Ugorets stated he is very proud of that project and
that in his view it will be very successful.
Ugorets stated his taste is very contemporary and that he noticed Byerly's and Lund's have been doing
similar things. Ugorets stated the whole neighborhood is becoming more modem and that this building
could be apartment units or condominiums or senior care but that he just wants to know what size box
they can put in there. Ugorets stated it could also be turned into a parking lot for the Freshwater Business
Center.
Dankey suggested he consider a little smaller box than what he is proposing.
Ugorets stated he has had a lot of requests to turn it into an event center and that his original idea was to
turn a portion of the building into an event center. Ugorets indicated he has people who would be willing
to run it and the neighbors have indicated they would like to have weddings there. Ugorets stated he put
that on hold given his concerns with parking, but if this project does not go through, one of his options is
to add more parking for an event center. Ugorets stated that is not a bad use for the neighborhood but that
they will be looking at a parking lot rather than a building.
Ugorets indicated he will do just fine with a building or without a building but that this project would be
an asset to the city and to the neighborhood. Ugorets commented there are a lot of older people who
would not mind living in the penthouse and that it is a major feature of the building. Without the
penthouse, it will be just another ordinary building, which he does not really want to build. Ugorets
stated he wants it to be a nice property for the people who can afford it and enjoy it, but if the building is
reduced in height, it will be a different building. Ugorets stated the penthouse will bring in enough
revenue to make the building feasible.
Ugorets stated as far as the distance from the wetland, the City is encouraging him to have underground
parking, but that creates a whole story. Ugorets stated 30 feet in the front is not that much when there are
I 0 -foot ceilings. Ugorets stated people like high ceilings and that he wants to put a nice expensive
building there, but that if the size of the building is reduced too much, he might not be building anything
there.
Ugorets noted the person that sent the letter is actually located on County Road 19 and that his property
borders this property by a tiny little section. Ugorets stated he also wants a fence in there and that he is
willing to give him a fence but his complaint does not make much sense since he is one of the least ones
being impacted.
Seals stated the Council would like to thank him for all the improvements to the Freshwater building.
Seals encouraged him to reach out to the residents to get more feedback and to try to get them to support
the project.
Page 20 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS, 2520 SHADYWOOD ROAD, SKETCH PLAN — Continued-
Ugorets indicated he will be meeting with him tomorrow morning and try to keep him happy. Ugorets
noted they did send out letters for an event center notification and not one person showed up. Ugorets
indicated they also sent out another letter for this meeting and they received one letter back. Ugorets
commented he is happy to meet with all the residents.
Barnhart noted no further action is required on the sketch plan.
The City Council took no formal action on this item.
(Recess taken from 8:58 p.m. to 9:05 p.m.)
13. #17-3894 CITY OF ORONO TEXT AMENDMENT: NON -ENCROACHMENTS —
R] 119 -11 WEVIEWAN nt 11 M-11
Barnhart stated this is a proposed draft ordinance regulating non -encroachments, which allows for
structures to encroach into required setbacks, such as fireplace chases or eaves on buildings, but it also
includes certain improvements that can be made in the required setback area.
In 2015, the City drafted an ordinance that regulated retaining walls based on their height, based on the
amount of soil they retained, and based on their location to the setbacks. Barnhart noted the Mayor has
suggested the Council review the ordinance from the standpoint of its impact on small lots.
Barnhart stated retaining walls are fairly common on small lots because the lots themselves are so
relatively small that retaining walls are needed to help maximize the use of those properties. The draft
ordinance allows for low improvements or low structure. Barnhart noted a structure is considered
anything that is built or improved such as low retaining walls, flower beds, planter beds, or stones that
help define an edge. The draft ordinance allows those structures to be located in a required yard without a
permit.
In addition, the proposed ordinance removes the grading component associated with the 2015 ordinance.
Grading is addressed in the shoreland regulations and land alteration sections of the City Code. The draft
ordinance also removes the conditional use permit requirement for 'unusual land alterations'. Unusual
land alterations would be excavations that are deeper than normal for homes or encompass a larger than
normal area. Barnhart noted the City Engineer would review the grading plan associated with the project
but it would not require a conditional use permit.
The draft ordinance also has any references to rip -rap removed since the City refers all rip -rap inquiries to
the Lake Minnetonka Conservation District.
Barnhart noted the Planning Commission reviewed this draft ordinance at their February meeting and at
that time they reviewed two options. One option addressed the retaining wall/planter issue and the second
option addressed that issue and also included other opportunities to clarify the code and processes. The
Planning Commission recommended approval of Option B.
Page 21 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
13. #17-3894 CITY OF ORONO TEXT AMENDMENT: NON -ENCROACHMENTS —
ORDINANCE - Tabled — Continued -
Printup stated he was okay with the ordinance but since it was a code item, he thought it should be
discussed briefly.
No public comments were received.
Walsh stated the draft ordinance starts out with retaining walls and planters. Walsh questioned whether it
should say retaining walls, planters, and any other hardcover component so it is all encompassing. Walsh
stated that would cover bricks outlining a tree. Walsh stated the current language seems to be very
narrow. Walsh noted that language would need to be added under 5. 1, (a), and 4(c) to make it all
consistent.
Walsh stated he also has a question on why 4(b) is in the draft ordinance at all. Walsh stated if the
retaining wall exceeds two feet in height, a person would need to get a permit. Walsh asked whether that
is already built into the ordinance.
Barnhart noted retaining walls require a permit at four feet and what the ordinance is saying is someone
can have a retaining wall in the required side yard but a permit is required at two feet or above. A permit
is not necessary at two feet or less.
Mattick stated he understands what the Mayor is saying. Mattick stated a lot of times Staff will get asked
where it states that, so it can be added.
Mattick stated as it relates to retaining walls and planters, the original intent of the ordinance was to cover
only two items. Mattick asked if the Mayor would like the ordinance to apply to any and all hardcover
items.
Walsh stated if someone has a brick or stone outline around a tree in the side yard, the ordinance would
not cover it as currently drafted. Walsh stated that is why he suggested adding the language, any other
hardcover component. Walsh noted there would be four places where that would have to be added.
Seals asked if the Mayor feels the language is too broad.
Mattick stated he is trying to think whether that language would allow patios and decks. Mattick stated a
patio could be less than two feet in height and that he is not sure whether that language should be in there.
Barnhart stated the idea behind planters was that it would include planter beds or raised gardens, which
are more of a defined space.
Mattick stated it is hard to create a list to catch everything.
Walsh stated he would rather on the side of more flexibility than to change the ordinance for two specific
items. Walsh stated he could place stone pavers around his bushes and that might not be covered.
Barnhart stated the language "similar improvements" would give some flexibility.
Page 22 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
13. #17-3894 CITY OF ORONO TEXT AMENDMENT: NON -ENCROACHMENTS —
ORDINANCE — Tabled — Continued -
Printup stated it could read similar landscaping improvements.
Crosby stated patios can be considered a landscaping improvement.
Mattick stated he would like to look at that a little further. Mattick asked if the Council is talking about
allowing retaining walls and planters and similar landscaping features but not have the language allow
patios.
Walsh noted they are only talking about the 0-5 foot range and that patios and decks usually require a
10 -foot setback.
Seals moved, Crosby seconded, to table Application No. 17-3894, City of Orono, Text Amendment:
Non -Encroachments. VOTE: Ayes 5, Nays 0.
14. #17-3896 CITY OF ORONO TEXT AMENDMENT: STRUCTURAL COVERAGE —
ORDINANCE No. 187
Barnhart stated two ordinances were prepared and reviewed by the Planning Commission at their
February meeting. This item was identified by the Process Review Committee as a priority.
The first option reviewed was an ordinance to remove structural coverage and adds hardcover to the
exempt portions of the shoreland area but it removes structural coverage as a maximum. The second draft
ordinance, as recommended by the Planning Commission, does not change the structural coverage limit
and leaves it at 15 percent. Barnhart stated basically the change is if it is a roofed structure six feet in
height or over, it is counted as structural coverage. If it is less than six feet, it would not be counted.
The Planning Commission was cautious about recommending changes to the structural coverage. The
Planning Commission recognized the impact of massing and they were reluctant to make wholesale
changes to that. Staff did prepare an ordinance that raised structural coverage from 15 percent to 20
percent but the Planning Commission did not recommend approval of that.
Staff is looking for direction on one of the two ordinances.
Seals stated she attended the Planning Commission meeting and that she would like the Council to talk
about what the risk is in removing the structural coverage limit completely. Seals stated when she looked
at Option B, she had a question about whether it would be enough to just change the structural coverage
number.
Barnhart stated in terms of the impacts from completely removing the structural coverage limit, he is not
sure of the answer to that. Barnhart noted the structural coverage limit has been part of Orono's fabric for
years and that it is most noticeable when you compare Orono's lake visibility to Mound or one of the
other lake communities. Barnhart stated Orono's structural coverage limit has played a part in that, but to
what extent he is not sure.
Page 23 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
14. #17-3896 CITY OF ORONO TEXT AMENDMENT: STRUCTURAL COVERAGE —
ORDINANCE No. 187 — Continued -
Barnhart stated whenever an applicant comes forward, Staff strongly encourages them to comply with the
structural coverage limitation and that he does not know what would happen if it is removed completely.
Barnhart stated his fear is that Orono will lose some of that distinction between Orono and some of the
other lake communities.
Walsh noted the City differentiates between two acre lots and lots that are less than two acres. Walsh
stated if you have to start putting exceptions to a rule, you need to look at the rule. Walsh stated people
with small lots have to choose between having a deck or a screened in porch and that people with two
acre lots are allowed both.
Walsh stated he has been talking for a couple of years that they need to treat everyone the same. Walsh
stated on a small lot, the driveway will have that much bigger impact than if it is on a two acre lot. Walsh
indicated he would like to give the smaller lots a little more flexibility. Walsh noted approximately 70
percent of the lots in Orono are less than two acres. Walsh indicated he is in favor of Option A since all
the lots will then be treated the same.
Printup noted Option B eliminates the decks from the structural coverage. Printup asked if this would
become a nonissue if the decks are eliminated. Printup stated there would still be the structural
component but the need for variances would become almost a nonissue.
Printup stated he has a fear that if the structural coverage is removed altogether, someone could build out
their house and later say they have issues with hardcover due to driveway and sidewalk issues.
Walsh stated the City already deals with that. Walsh noted Staff already advises applicants to comply as
much as possible with structural coverage and hardcover. Walsh stated the square footage is a bigger
percentage of the lot on the smaller lots. Walsh indicated he could live with the 20 percent and
eliminating the decks to provide some more flexibility. Walsh stated if the City is always granting
exceptions to the rule, they need to look at the rule.
Printup stated in his view decks should not be considered hardcover. Printup stated they talk about a deck
that is 30 inches off the ground, and then how a handrail is required if it is over a certain height and how it
becomes structural coverage, and then they talk about the rain not hitting the ground and so it is
considered hardcover. Printup stated those types of conversations need to stop.
Seals commented that is a topic for a different night.
Seals stated if the Council went with Option B and altered it to say 20 percent, those changes would
provide more flexibility for smaller lots.
Printup noted Option B also eliminates decks and open structures, which would alleviate a lot of the
requests the City hears.
Walsh stated he could live with Option B if it is increased to 20 percent because it will give the smaller
lots more flexibility.
Page 24 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
14. #17-3896 CITY OF ORONO TEXT AMENDMENT: STRUCTURAL COVERAGE —
ORDINANCE No. 187 — Continued -
Seals stated if the goal is to be more flexible, Option B would accomplish that and would eliminate a
number of variance requests that the City heard last year.
There were no public comments received.
Crosby stated the Council has to be concerned about the hardcover issue. Crosby stated when someone
drives along the lakeshore, you can tell the difference between Orono and the other communities.
Walsh noted the hardcover will not be changed under this ordinance.
Seals moved, Printup seconded, to approve Option B, with the structural coverage limit being
raised from 15 percent to 20 percent, and to adopt ORDINANCE NO. 187, a Third Series, an
Ordinance Amending the Code of Ordinances Pertaining to Removing Structural Coverage
Restrictions and Adding Hardcover Limitations to Certain Lots Within the City of Orono.
Barnhart noted for lots less than 10,000 square feet, they currently are allowed 1,500 square feet, and to
be consistent it should be raised to 2,000 square feet.
VOTE: Ayes 5, Nays 0.
15. #17-3897 CITY OF ORONO TEXT AMENDMENT: SPECIAL EVENTS —ORDINANCE
- Tabled
Barnhart stated the intent of the last ordinance is to close a loophole in the City's ordinance relating to
special events. Last summer/fall Staff learned of an issue in a neighborhood where a property owner held
a series of private events in their private home. These events did not require a permit due to the patrons
being bused in. There was no on -street parking, no trash generated, and no loud noise so it did not fall
within the City's special event requirements. The City eventually reviewed it as a home occupation and
denied it.
The events occurred on Friday, Saturday, and Sunday on several weekends over the summer. At that time
a large bus would drive through the neighborhood and deliver the patrons to the house. The neighbors
felt uncomfortable with that.
Barnhart stated the draft ordinance is intended to define occasional private parties. The current ordinance
exempts private parties from special event permits. The draft ordinance adjusts the definitions of private
and special events and attempts to differentiate between an occasional private party and one that is more
impactful to neighborhoods.
Barnhart stated Staff s discussion centered around the frequency of the events and what the true impact
was of the events. Traffic was not really an issue given the large bus delivering the patrons so it came
down to the frequency. The draft ordinance would allow a property to have three private events a year
without a permit from the City. The fourth event would require the issuance of a permit. Barnhart stated
Page 2S of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
15. #17-3897 CITY OF ORONO TEXT AMENDMENT: SPECIAL EVENTS — Ordinance —
Tabled — Continued -
Staff is not going to necessarily know about private events, but in the case where someone's event
impacts the neighbors, there should be some protection to them.
The Planning Commission did hold a public hearing at their February meeting and no public comments
were received. During the Planning Commission discussion, there were questions related to the issuance
of permits. Special event permits are reviewed by the clerk and police chief and then issued by the clerk's
office. There is no public hearing. Barnhart noted this is not a zoning code issue but actually is located
within the traffic section of the code.
Seals stated she was not on the Council when this was discussed last year, and upon reading the draft
ordinance, she struggled with it since it sounded like the government was trying to be big brother and
mandate parties at people's homes, which she has no interest in doing. Seals asked what the true problem
is that they are trying to fix. Seals stated her assumption is even if you changed the ordinance and said
that someone cannot do three parties over the weekend, they will do two.
Seals stated the City Council needs to talk about this since it disrupted a whole neighborhood but that she
does not feel comfortable with the ordinance since it appears to be a little too invasive. Seals stated
theoretically ftmdraising parties and galas would or could fall under this.
Walsh stated he also struggled with the language. Walsh commented this is a complicated issue because
Orono has people on large lots with large driveways and their events do not cause a problem but there are
different issues in other neighborhoods. Walsh stated he does not know how to quantify it and that he
does not want to be in the party enforcement business. Walsh stated the City did have a problem that
came up but that he has been struggling with how to deal with it since the events did not really generate
any noise or traffic issues.
Walsh noted the City Council has three new members on it since last fall and they do not have the history
on the issue. Walsh stated the Council should perhaps table it to gather more information and more
public input through another public hearing. Walsh stated people cannot park on the street he lives on at
all and when he has a party, the neighbors have to walk to his house. Walsh stated he does not want to pit
neighbor against neighbor whenever someone has a party. Walsh stated in his view the City Council
needs more public input to understand how to better deal with this and that it is similar to the quandary
the Council found itself in when trying to define a living wall.
Crosby stated he would like to hear from the public.
Dankey stated she heard a lot of the things already said that she has been thinking. Dankey stated when
she read through the draft ordinance she thought, no way, I do not want to support this. Dankey stated
she does attend a lot of charity parties in Orono and oftentimes they have more than 20 people. Dankey
stated the ordinance seems to be a little bit punitive and that it seems like the City is hitting everyone for
what may be one or two issues. Dankey stated she is not sure if there is another way to do this.
Seals stated she knows the Planning Commission and Staff have looked into this. Seals asked whether
Staff knows what other communities do in relation to this.
Page 26 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
15. #17-3897 CITY OF ORONO TEXT AMENDMENT: SPECIAL EVENTS — Ordinance —
Tabled — Continued -
Brian Gerard, 680 North Arm Drive, stated he did read through the ordinance and that he has some major
issues with it. Gerard stated it comes down to definitions and what is the definition of an occasional party
or a crowd. Gerard stated he frequently will have a dinner party where people will spend the night and
the next day they might go boating or have a fire. Within a couple of weekends he would need a permit.
Gerard indicated he is also a real estate agent and that some weekends they might do two open houses and
two more the following weekend. Gerard stated he would have to pull a permit for the fourth one.
Gerard indicated he has talked to other residents and they feel the City should not be dictating how often
someone has a dinner party. Gerard stated the way the ordinance is written, it would be hard for residents
to stomach.
Walsh stated in his view the Council agrees with him.
Cindy Hilger, 585 South Brown Road, stated the Council has spoken to a lot of issues that she has with
the ordinance and that in her view the City will not be able to enforce it. Hilger indicated she lives on a
property that is highly visible and if the Council was to take her property and put it at the center of a half
mile circle, there would be, at a minimum, 21 properties that are either hidden by trees, gates, or long
driveways. Hilger stated those 21 properties are basically invisible but someone would be able to count
the number of cars in her driveway. Hilger stated the City is basically asking her to police her neighbors,
which is not her job, and that she resents being asked to do that. Hilger stated it is big brother at its finest
and that she is not sure this is how people want to live.
Gail Blackstone, 4465 Forest Lake Landing, stated she lives in the neighborhood where the incidents
occurred last summer and she did not feel disrupted at all during that period. Blackstone indicated she
was not aware of the previous public hearing that had been held but that she is concerned about the broad
expansion of the definition for private events. Blackstone stated anyone with extended family that lives
in the area, particularly those with children and siblings of those children, this could impact their holiday
parties and family get-togethers. Blackstone stated the ordinance has the potential to be unevenly applied
and in her view it is overreaching.
Walsh stated in his view the ordinance is too broad and difficult to enforce. Walsh stated the City does
not need more regulations. Walsh noted the City does have an ordinance on the books today but that the
City has had problems enforcing that. Walsh stated the City Attorney has said if you cannot enforce
certain regulations, you should get rid of them. Walsh noted no public comments were received at the
Planning Commission but that the Council has received some input on it tonight and it appears the City
Council is in agreement with those comments.
Seals moved, Crosby seconded, to table Application No. 17-3897, City of Orono, Text Amendment:
Special Events.
Printup commented the City has to be careful to not get into situations where there are a lot of loopholes.
Walsh stated he feels bad for the neighbors but the Council has to consider what is enforceable and what
is not. Walsh stated he wants to avoid unintended consequences.
Page 27 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
15. #17-3897 CITY OF ORONO TEXT AMENDMENT: SPECIAL EVENTS — Ordinance —
Tabled — Continued -
VOTE: Ayes 5, Nays 0.
Reeder asked what the City Council would like to see happen with the ordinance.
Walsh suggested the City Council discuss it at a future work session.
Seals stated the City Council should perhaps look at the current ordinance and ask whether it is worth
further debate. Seals stated this issue is causing disturbance to a neighborhood so the City Council does
not want to ignore it.
16. COMPREHENSIVE PLAN COMMUNITY COMMITTEES
Barnhart stated approximately one month ago Staff was authorized to advertise for volunteers to serve on
the Comprehensive Plan Community Committee. An advertisement was placed on the City's website and
Staff has collected a number of names. At this point there are 13 people that have indicated some interest
in being on the committee and Staff is concerned with the committee being much bigger than that.
Barnhart stated one possible option, if there are additional volunteers, would be to have a committee
comprised of residents and a committee comprised of board and commission volunteers.
Barnhart stated he is looking for authorization to appoint those people to the Comprehensive Plan Action
Committee. Staff would then work with them on the agendas for the public meetings and in their review
of individual chapters.
Seals asked what requirements the residents had to meet and whether there is a spread across the
community.
Barnhart indicated the residents submitted their name and interest. Barnhart stated the City will likely
have a separate Navarre group look at the Comprehensive Plan for that area. Barnhart commented the
committee helps build future Planning Commissioners, Park Commissioners, and City Council Members.
Walsh stated the names he put forward had some Comprehensive Plan experience and have lived in the
community for a while. Walsh noted there should be two council members appointed to the committee
and that he would be interested in being on it.
Crosby indicated he would be willing to serve on the committee.
Seals moved, Printup seconded, to appoint the members listed on Staff's memorandum dated
March 13, 2017, to the 2040 Comprehensive Plan Project Advisory Committee, and to appoint
Mayor Walsh and Council Member Crosby to the Committee. VOTE: Ayes 5, Nays 0.
Page 28 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
17. CITY PLANNER RECRUITMENT
Barnhart stated he is looking for authorization to be able to move forward with the recruitment process of
a new city planner to replace the senior planner. Barnhart noted the pay grade for this position would be
lower than the senior planner position and that the money has been budgeted for 2017.
Printup commented he is good with moving forward on this. Printup noted under job description abilities
it states that the person should have an ability to be able to listen and understand information and ideas
presented through spoken words and sentences. Printup stated he hopes that that happens.
Reeder noted that language comes right out of the consultant study that the City had done approximately
two years ago. Reeder stated the language is very basic that is included to make sure there is not a
language barrier.
Printup stated he is satisfied with that explanation.
No public comments were received.
Seals noted she is on the organizational committee and that in her view it is good to have these items
phased in with some overlap in the planner position.
Crosby moved, Dankey seconded, to authorize the recruitment of a city planner. VOTE: Ayes 5,
Nays 0.
MAYOR/COUNCIL REPORT
Crosby and Printup stated they had nothing to report.
Seals stated the Orono Gala has opened and tickets are now available for the event.
Dankey noted the event has been sold out.
Seals stated she wanted to mention that while the Council meeting two weeks ago was challenging, ever
since then she has received a number of emails from residents that were very positive. Seals stated it is
great that more people are looking at Big Island and that in the end what will come of it will be good.
Walsh reported he attended the Park Commission meeting last week and that they had a discussion on
Saga Hill. Walsh stated he appreciates all the work the Park Commission is doing and that they now have
a group of alternates that have been appointed in addition to two new regular commissioners.
Walsh stated the Big Island Committee will be getting together in the near future. Walsh stated he would
like the committee to get together on Tuesday, April I I at 3:00 p.m. There are currently somewhere
between 17 and 20 people interested in being on the committee and the City is still taking applications.
Walsh stated some of the things that he would like the committee to discuss are ways in which to bring
more attention to the veterans and that perhaps erecting a Veterans memorial and history center on the
island could be explored. Walsh stated he would also like to forrn a task force within the committee to
compile a history of Big Island.
Page 29 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT — Continued -
Walsh stated if you look at the City's guidance plan, it says that they need to continually assess and
evaluate the City's current parks and options and the needs and desires of Orono residents and they need
to encourage civic involvement and partnership in developing and maintaining City parks. It further says
that Orono will organize groups to work with the public and nonprofit groups to fund the acquisition and
development of Orono's recreation and open space lands and facilities. Walsh stated this language is
already in there and that the City needs to embrace it since they have a lot of people who want to give
back.
Walsh stated one of the goals is to provide opportunities for service projects of mutual benefit to Big
Island Park and volunteer organizations and individuals. The guidance plan also talks about encouraging
volunteer opportunities and promoting volunteering and long-term community stewardship of the island.
Walsh stated a history center could be manned by veterans and they could show off various points of
interest on the island.
Walsh stated the guidance plan also talks about recognizing, acknowledging and embracing the special
relationship that America's military veterans have with the park property at Big Island and encourage
their use of the park in a manner consistent with the mission, vision and goals of the island. Walsh stated
putting together this committee is the first step and that they will make a difference.
18. RESOLUTION OF APPRECIATION TO JESSICA LOFTUS — RESOLUTION NO. 6733
Walsh read the resolution being presented to Jessica Loftus acknowledging her more than six years of
dedicated service to the City of Orono.
Seals moved, Printup seconded, to adopt RESOLUTION NO. 6733, a Resolution of Appreciation to
Jessica Loftus for More Than Six Years of Dedicated Service to the City of Orono. VOTE: Ayes 5,
Nays 0.
CITY ADMINISTRATOR'S REPORT
*19. CITY COUNCIL COMMITTEES UPDATE —RESOLUTION NO. 6734
Printup moved, Seals seconded, to adopt RESOLUTION NO. 6734, a Resolution Amending
Resolution No. 6716, a Resolution Designating Selected Appointments. VOTE: Ayes 5, Nays 0.
*20. 2016 BUDGET ADJUSTMENTS
Printup moved, Seals seconded, to approve amending the 2016 General Fund budget as presented
in Staff's memorandum dated March 13, 2017. VOTE: Ayes 5, Nays 0.
Page 30 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
CITY ADMINISTRATOR'S REPORT — Continued -
*21. AGREEMENT FOR LEGAL SERVICES — PROSECUTION
Printup moved, Seals seconded, to authorize the Mayor and Interim City Administrator to execute
a 5 -year agreement with Tallen & Baertschi to provide criminal prosecution services for the City of
Orono. VOTE: Ayes 5, Nays 0.
22. WEBSITE DESIGNER PROPOSALS
Reeder stated Staff has received three proposals for the redesign of the City's website.
Walsh stated the Communications Committee has talked with three groups about updating the City's
website. Walsh stated the high-end firms are likely out of the City's budget but that there were a couple
of local firms that have all the capabilities the City is looking for. Walsh stated the City needs a good
functional website that describes the things the City does, contains appropriate content, and highlights
everything the City is doing.
Walsh stated the City Council has three proposals before them and he would like the City Council to pick
one to get the process going.
Seals stated she met with Linnihan and Eleven. Seals stated Linnihan is great but that price -wise they are
not in the realm of what the City can spend. Seals stated she also is not quite ready to move forward with
West Lake since their proposal was basically what is found on their website. Seals stated there did not
appear to be much thought put into how they would take on the City as a client.
Seals suggested the Council direct Staff to have a discussion with Eleven and West Lake and to create a
list of the items that they would like to see on the ideal website. Seals noted she does not work in City
Hall and that she has not been receiving complaints about the website. Seals stated it appears that West
Lake is a good financial decision but that the City is tied into it for three years. Seals stated she would
feel better if those two entities would come in and talk to Staff, have Staff tell them what they would like
to see happen with the website, and then ask them to make one final proposal.
Walsh stated the City is not in a big hurry and that this item could be tabled so Staff can receive
additional feedback.
Crosby stated the companies' dealings with other cities would also be helpful to know as well.
Seals moved, Crosby seconded, to direct Staff to speak further with Eleven and West Lake Web
Works. VOTE: Ayes 5, Nays 0.
*23. CLAIMS/BILLS
Printup moved, Seals seconded, to approve payment of the All Funds Account. VOTE: Ayes5,
Nays 0.
Page 31 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
CITY ATTORNEY'S REPORT
Mattick stated he had nothing to report.
F.Viftelff JIM95-WV1
Seals moved, Dankey seconded, to adjourn the Orono City Council meeting at 10:11 p.m. VOTE:
Ayes 5, Nays 0.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Page 32 of 32
AGENDAITEM
Item No.: 03 Date: March 22, 2017
Item Description: Resolution of Appreciation -Sarah Lindahl - Resolution
Presenter: Adam T. Edwards Agenda Public Works Director/
Public Works Director/City Engineer Section: City Engineer's Report
1. Purpose. The purpose of this action item is to gain approval of a resolution of appreciation for Ms.
Sarah Lindahl for her three years as a Park Commissioner.
2. Background. Sarah Lindahl served as a Park Commissioner from March 2014 -March 2017. During
her term she also served as a member of the Crystal Bay Park subcommittee and the Lurton Park
Subcommittee.
3. Staff Recommendation. I recommend the council approve the resolution.
COUNCIL ACTION REQUESTED
Motion to approve the attached resolution thanking Sarah Lindahl for her service as a Park
Commissioner.
Exhibits
A. Resolution
B. Thank you Plaque Verbiage
Prepared By. Reviewed By: Approved By: NZ
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
ESHO
A RESOLUTION OF APPRECIATION TO
SARAH LINDAHL
FOR DISTINGUISHED SERVICE
AS A MEMBER OF THE
PARKS COMMISSION
WHEREAS, Sarah Lindahl has served this community with distinction
during her three years as a member of the Parks Commission; and
WHEREAS, her years of service have been marked by exemplary
dedication to the best interests of the community; and
WHEREAS, she has earned the admiration and high regard of those with
whom she has worked; and
WHEREAS, the performance of her duties and responsibilities as a
member of the Parks Commission has been characterized by excellent and
constructive contributions to the community.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Orono does hereby express its sincere appreciation and thanks to Sarah
Lindahl for her distinguished service to the community and does also highly
commend her for the manner in which she has carried out her duties and
responsibilities.
BE IT FURTHER RESOLVED, that the City Council extends to her
best wishes for continued success in her future endeavors.
Adopted by the City Council of Orono, Minnesota at a regular meeting
held this 22 nd day of March, 2017.
ATTEST:
Anna Carlson, City Clerk
Dennis Walsh, Mayor
SARAH LINDAHL
IN RECOGNITION OF YOUR
DEDICATION AND SERVICE TO THE
CITY OF ORONO
01801091welmomoll
PARKS COMMISSION
MARCH 2014 - MARCH 2017
AGENDAITEM
Item No.: 04 Date: March 22, 2017
Item Description: Prescription Drug Take Back Program - Update
Presenter: Correy Farniok, Agenda Public Safety Report
Police Chief Section:
1. Purpose. The purpose of this action item is to provide an update on the Prescription Drug Take Back
Program
2. Background. The Police Department has developed a plan to take back prescription drugs once a
year during the City's Spring Clean Up. This year's Spring Clean Up event will be on April 29, 2017.
The Orono Police Department has also partnered with the Crime Prevention Fund to provide deactivating
drug bags to residents. These bags can be used for small quantities of pills, patches or liquids that need to
be disposed of effectively, safely and quickly.
3. Project Scope. Purchase, distribution and educating the community of the safe disposal of unwanted
prescription drugs.
4. Cost. Each pouch is $2.69. The Crime Prevention Fund has purchased 300 of these bags for our
department to distribute.
5. Funding. This project will be funded through the Crime Prevention Fund and Orono Police
Department with an annual cost of $300 to $500.
6. Staff Recommendation. No Action needed, information only.
COUNCIL ACTION REQUESTED
Information only, no Council action required.
Exhibits
None
References
None
Prepared By: CF Reviewed By: CF Approved By: D5R
AGENDAITEM
Item No.: 05 Date: March 22, 2017
Item Description: 2016 Police Department Annual Report - Presentation
Presenter: Correy Famiok Agenda Public Safety Report
Police Chief Section:
1. Purpose. The purpose of this action item is to provide the 2016 Police Department Annual Report.
2. Background. None
3. Project Scope. None
4. Cost. None
5. Funding. None
6. Staff Recommendation. No Action needed, information only.
COUNCIL ACTION REQUESTED
Information only, no Council action required.
Exhibits
None
References
None
Prepared By: CF Reviewed By: CF Approved By: D5R
AGENDAITEM
Item No.: 06 Date: March 22, 2017
Item Description: Approval of Hennepin County 2017 Special Event Pennit
- Long Lake Rowing Crew
Presenter: Mike Gaffton, Senior Planner Agenda Planning Department
Section:
1. Purpose. The purpose of this action item is to approve the issuance of a 2017 Hennepin County
Water Patrol Special Event Permit for use of Long Lake by the Long Lake Rowing Crew.
2. 15.99 Deadline. (Not applicable)
3. Background. The Long Lake Rowing Crew ('LLRC') is again requesting permission from the Water
Patrol for a Sheriff s Special Event Permit for use of Long Lake for regular rowing practice during the
2017 boating season. The Water Patrol standard procedure requires written approval by the affected local
government bodies prior to issuing such permits. LLRC has submitted to Orono a request for approval
for the use for 2017 - please see Exhibits A & B.
Council approved authorizing the 2016 permit for the Rowing Crew in March, 2016 per Exhibit E
attached. The City received no complaints regarding this use during the 2016 season. The Long Lake City
Council approved authorization of the 2017 Water Patrol permit at its meeting on March 7th -
Hours of operation are proposed to be similar to previous years (see Exhibit A). LLRC will again be
launching from the Birch's site in Long Lake as they did in 2016. No parking conflicts with the Birch's
restaurant operation are anticipated due to the offset in times the LLRC will be there; additionally, many
of the LLRC members will be dropped off and not require parking.
4. Public Comment. The City has not received any comments regarding this use.
5. Staff Recommendation. The applicants have not made a request for use of any Orono parks or
facilities, and are merely requesting written approval to allow issuance of the Sheriff s Water Patrol
Special Event Permit for use of Long Lake. Staff recommends approval subject to the provisions stated in
Orono's 2016 approval: 1) no organized practice on Sundays, and 2) the activity shall not impede the use
of the Summit Park Beach facilities and access by the public.
COUNCIL ACTION REQUESTED
Motion to direct staff to send a letter to the Sheriff s Water Patrol approving issuance of the Special Event
Permit for the Long Lake Rowing Crew for the 2017 season subject to the above -noted conditions.
Exhibits
A — 3/3/2017 Letter of Request & Schedule
B — Water Patrol Special Event Permit Application
C — Water Patrol Permit as Issued for 2016
D — City of Long Lake — Authorization/Approval for 2017
E — 3/23/16 Staff Memo & Council Minutes 3/28/16
Prepared By: Mike Gaffron Reviewed By: Mike Gaffron Approved By: D5R
From:
Sent:
To:
Subject:
Attachments:
HeIllo Mike,
LLRC Long Lake Rowing <long lakerowing @g mail.corn >
Friday, March 03, 2017 2:41 PM
Mike Gaffron
Seasonal Water Permit for LLRCrew
Scanned from a Xerox Multifunction Printer.pdf
Council
Exhibit A
Attached is our Annual Permit application for Hennepin County Sheriff— Water Patrol for use of Long Lake
waters for our LLRCrew group rowing practices for the 2017 season.
Please review and let me know if you have any questions!
This is going before the Long Lake City Council on March 7- 2017.
Thank you!
—Amy Johnson
Amy Johnson
LLRCrew President
Long Lake Rowing Crew
www1onglakerowing.or
Face Book: Long Lake Rowing Crew
Twitter: @LLRCrew
Follow us on Instagram
LLRC Group Coaching/ Group Practice Times..
Monday thru Thursday 8-11 am * , 3:30 — 5:30 prn
Three Evenings /week 6- 7:30 prn Adult Coaching groups
Saturdays: 7-12 noon
*No Morning practices during the school year.
No group coaching/group practice Fridays or Sundays
Tiry
HENNEPIN COUNTY SHERIFF'S OFFICE Council
WATER PATROL UNIT Exhibit B
SPECIAL EFEAT PERMITAPPLICA 77ON
camot be issued without the
wn"n PM—=Bslon is E!9!9� from the cLty or cities in which this mrad is to be held,
The inswance certificate mut show Hennwin Cougtv as an additiong
TUe following information is necessary to inw= the proper and accurate issuance of your pertnit.
Please complete this form in its entirety and return the gdgkud.&MLto our ofnce at 4141 Shomine
Drive, Spring Park, MN 55384, at least thfjU Q01 days prior to your event. (Faxed/scanned copies
of the liability release and this application are not sweptable.)
Please PRINT ar TYPE
NAMEOFEVENT: LL9C czi—�� Coate -6 -'Ow 1pe-e--C-tsc-e-
DAMS) OF EVENT:Aptii iv an if -x ca 4
TMM(S) OF EVENT: S-.0- -L� 4".,
" -ttmwio u4A.. 0 CJ. !r I ,
EVENT LOCATION: (A diagrarn should be included for larger events.) a e- -
sj=;rM am - iWak §�Rn a firiab, Imetiou
WAS THIS EVENT HEILD LAST YEAR: YES 9
SPONSORING ORGANIZATTON:
CONTACT PERSON:
�M
ED
Ctv'j
DOB:
-
ADDRESS: 9. 1 V-A W
4-0� LA kL ^j S-%-3 %-to
Sam Addrm — - —cifty SuKe ZIP
PHONE: Z -9q S - q 170 (012-8,50-SlAiL
C*Adklm 31&;U Wcwk COIL
E-MAIL ADDRESS: toloaldw ke re qma; t
%0 N.01
EVENT WEB ADDRESS:
0
PROPOSED EVENT ACTIVITIES: Av%!,,e eowyo, Ac t4 t..e.&
__4 p r. CA" h
1%9
EVENT PARKING LOCATION: 61rel�s 1310 W"2p-�
a 2
ESTDAATED ATTENDANCE: Particip, n4; 0 4671 Spectators
PRIZES TO BE ISSUED: dp (4f?er rA6Cx se—S&-on
WILL ALCOHOLIC BEVERAGES BE SOLD?: yF
,S El No
WILL FOOD BE SOLD?: YES NO
IF YES, WHAT TYPE:
WHAT (IF ANY) STRUCTURES Do yOU INTEND To PLACE ON THE WATER / ICE:
WHAT EXTRA OR UNUSUAL HAZARD To PARTIC'PANTS OR NON -PARTICIPANTS WELL
BE INTRODUCED INTO THE EVENT AREA:
WHAT TYPE AND NUMBER OF WATERCRAFT WILL BE PROVIDED By THE SPONSORING
ORGANIZATION FOR SAFETY PURPOSES.
WOULD YOU LIKE A WATER PATROL DEPUTY To BE AT yOUR EVENT?
[-] YES [Z NO YYes, the Water Patrol deputy 1patrol boat does NOT count as a safety boat if required
IF YES, HOW MANY DEPUTIES DO YOU RECOMMEND & WHY?
PLEASE NOTE: In order to be granted a permit for your event, the gmidellnes. gfVen with your
applicadon must be followed.
7-1q / ( 7 firm'Acwt
]Date Sipature Tide
"Application mustbe signed.
" The 'nRmed Organization shalL upon request by HCSO, submit appheable dMumentation (artides, bylaws,
rewlunons or ordinam-es) that confum the signatory's authoray to &lga and bmd Chganization as set forth
herein.
. Put the number of boan if this is a fishing t0umamcnt — how many boats will be allowed to enter.
HENNEPIN COUNTY SHERIFF'S OFI WATER
PATROLUNIT
SPECL4L EVENT MBILITYRELEASE
7Ws is a legallY binding instrunwit and the provisions herein are subject 10 enfOrcc=nt in court.
Consultation With legal c0u"sel is strOR91Y recommend,d prior to signing this docunwnt.
The Organization indicated below (may hereinafter be referred to as "Organization'), agrees that it shall ensure that
every participant in the LLaC prk0ye e -S (event) on Z'A201 -1 (date) shall execute a written agreement
acknowledging and agreeing with, at least, the following (-i) �thatOrganizaflon is responsible for administering,
Mallaging, directing, sponsoring and over -seeing the i2mch1ce n
10I (ieve t); (ii) that
EiA-� (descrf be niture of event) may be an inherently dangerous activity; an�
(iii) that the parffci� �Rthas 7actual =nowle��ge of the particular risk or danger associated therewith.
Organization shall defend, indemnify and hold free and harmless the County of Hennepin, its Present and former
officials, officers, agents, volunteers and employees from any and all liability, assertions of liability, claims, causes
Of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, which in any manner
arise or be alleged to arise directly or indirectly from any and all activities connected directly or proximately with
the event(s) referenced in the accompanying special event Permit application filed on behalf of said Organization.
ISSUANCE OF A PERMIT UNDER MINNESOTA STATUTES §86B. 121 DOES NOT MAKE HENNEPIN
and effectively waives any and all rights, defenses and claims whatsoever assertable by the Organization i u
COUNTY LIABLE FOR ANY INJURY OCCURING AT THE EVENT. The undersigned forever relinq ishes
action by the County of Hennepin to enforce the provisions herein. n any
The undersigned attests that he/she fully understands the above and declares that he?'she is authorized to legally bind
Organization to the Provisions herein. The Organization shall, upon request by HCS0, submit applicable
documentation (articles, bylaws, resolutions or ordinances) that confirm the signatory's authority to sign and bind
Organization as set forth herein.
Please PRINT or TYPE
Organization Name (must match application): L cc rl I L.:, 1, p
%C. .I L -a-,
City State 77P
contact Person: AA --r—
Print Name
Title
Signaftre of above contact person.
1II dg=lw witnessed by a She. -I Orwe employee or m4t Z-j4—rl
IN WrrNESS WHEREOF, the undersigned voluntarily sets hi&/heT hand thi
SL ___.._4ay of
Month, Year Sivature:
Notary
Sherifirs Office Witness: Notary Stamp:
14CS0 Stiff Member
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REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER CONTRACT BETWEEN THE WSLRNG INSURER(S), AUTHOMZED
IMPORTiIIIJI `� Is 11 11111 ,
the terms End COWWons af Un lust be GI ... 1110111P,5�g
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INCE AFFORDED BY T14E POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EYCLUS IONS AN13 CONDITIONS OF SUCH PI UMITS SHOWN y -� FlESPECT TO WNICK THIS
C-ERTIFICATE MAV BE ISSUED OR MAY PERTAIN, THE INSURA CONDITION OF ANY CONI OR OTHER E�061JMENT 'V FE—PO—LICY �PEFNGD
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CLAto holder is included a, Additional Insured U
urx"r this Policy Only for the ndar the liability PoLlay. Cmm3rage is
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is 11sued an bqh&lf of UMU�winq -4 fox which a
membmr Long Lake Rowing Crum
Harihapirt County Water patrol
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SPring P&-rk, UK 55384
SHOULD ANY OF THE ABOVE DMFHoEO pCUMES BE CAMCELLED BEMRE
THE EXPJRATION DATE THEREOF, NOTICE W&L BE DELIVERED IN
ACCORDANCE WfM THE POLICY PROVIS(ONS,
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Special Event Pennit # 16-26
Page 1 of 3
March 30, 2016
Nicholas Miller
Long Lake Rowing Crew
PO Box 591
Long Lake, MN 55356
RE: Long Lake Rowing Crew: Group Coaching Practices
11- Shedff Is COPY I
Council
Exhibit C
This Special Event Permit #16-26 issued by the Sheriff pursuant to Minnesota Statutes 86B.121
is strictly limited to the following activity:
Activity: Organized group coaching for Long Lake Rowing Crew rowing practices
Where: Long Lake (1310 West Wayzata Boulevard)
When: April 2016 through November 2016
Spring and Fall: Monday thru Thursday, & Saturday morning (no Friday or Sunday) afternoon
practice, plus 2-3 eve/week, and Saturday mornings.
Summer: Morning practices (with above also)
Absent the express written consent of the Sheriffs Water Patrol Unit, this permit may not be
renewed or extended beyond the date /time indicated above. This permit is valid only if all
applicable state statutes, local ordinances, as well as any rules / directives issued orally or in
writing by the Sheriff, including the following, are complied with:
1) Each individual event staff member must have immediate access to his / her U.S. Coast
Guard approved wearable personal floatation device while onboard a designated chase
boat.
2) Rowing lanes must not block or impede Summit Park beach facilities and access by the
public.
Initial -
I
Special Event Permit #16-26
Page 2 of 3
3) No practices can take place on Sundays.
4) Temporary structures must be placed just prior to the day's event and be removed
immediately thereafter. No structures may remain in the water overnight.
5) Permit holder must provide:
a) At least one certified CPR and basic first aid trained medical person onboard a
motorized watercraft, marked for ready identification that is equipped with sufficient
first aid supplies.
b) At least one additional motorized watercraft with persons onboard that are readily
available to respond to emergencies.
6) Any water accidents or incidents (involving injury or death to a person and / or property
damage of $2,000 or more) that may occur must be immediately reported to the Hennepin
County Sheriffs Water Patrol.
7) Event activity must be confined to the area designated here above but the permit recipient
shall not be allowed exclusive use of said area. If problems are created by other water
users, notify the Sheriffs Water Patrol.
8) The permit recipient is responsible for evaluating weather/ water conditions just prior to
and during the event and must cancel the event if any adverse conditions exist that
jeopardize event staff or participants.
9) All conditions from the cities of Long Lake and Orono permit must be followed.
10) Placement of trash receptacles in the area by the permit recipient (and all trash) must be
cleaned up within two hours after each event.
11) This permit must be displayed to any law enforcement or city official upon request.
The Sheriffs Water Patrol Unit, the Sheriffs Office and the County of Hennepin shall incur no
liability whatsoever that is directly or proximately attributable to the failure of the permit
holder to strictly comply with this permit.
The Hennepin County Sheriffs Water Patrol recommends that all trailered watercraft should be
cleaned and checked for exotic species prior to launching.
The individual, whose signature appears below, is the authorized agent of the permit holder
and accepts responsibility on behalf of the organization. This official must advise all staff and
race committee personnel of the permit in order to ensure the permit.
10771
Special Event Permit #16-26
Page 3 of 3
Officer/ Authorized Agent Signature Position / Title
Print Full Name Date of Birth D/L #
Both copies of this permit must be signed and one must be returned to the Sheriffs Water
Patrol, 4141 Shoreline Drive, Spring Park, MN 55384.
"NOTICE"
ZHIS PERWT I
S JIVOT PALID UN77L SIGNED AND
RETURNED TO THE SBARIFFS WATER PATROL UNIT.
Please contact Water Patrol at 612-596-9871 if you need assistance or have any questions
regarding this permit.
Sincerely,
Richard W. Stanek
Hennepin County Sheriff
By: Lieutenant Kent Vnuk
Sheriff's Water Patrol
KV/bz
Initial:
Date:
Mike Gaffron
Council
From: Jeanette Moeller <jmoeller@ long lake rn n.gov> Exhibit D
Sent: Thursday, March 09, 2017 IA5 PM
To: Mike Gaffron; Anna Carlson
Subject: Long Lake Rowing Crew Authorization
Attachments: REPT - Long Lake Rowing Crew Seasonal Lake Use Permit.doc, LLRC_
2017WaterPatrolPermit.pdf
Hi Mike and Anna,
I wasn't sure which one of you is handling this for the Long Lake Rowing Crew (LLRC) this year, so I'm
sending you both a note.
Mike - I believe Amy Johnson from the LLRC already sent their Water Patrol permit application your way.
At their Tuesday, March 7 meeting, our City Council unanimously voted to authorize Hennepin County
Sheriffs Water Patrol to issue a seasonal use permit (uses their special event permit form) to the LLRC for their
rowing practices and coaching this year. Attached is the staff report we prepared for our Council.
I'm also attaching a copy of their Water Patrol permit application as we received it, just in case.
I'm emailing Water Patrol next to conf= they have our authorization. Water Patrol will also, as usual, need
the annual authorization from City of Orono as well before they'll issue the permit.
Thank you, and please dont hesitate to give me a call with any questions!
Best wishes,
Jeanette
do
Jeanette MoeHer, City Clerk
City of Long Lake
Email / jmoellerglopL1akemnWv
Ph/ 952.473.6961 x1
This message is intended only for the recipient to whom it is addressed. It may contain information which is privileged and confidential within the meaning ofapplicable law. If
you are not the intended recipicnl� please contact the sender as soon as possible. Any views or opinions presented are solely those ofthe author and do not necessarily represent
those ofthe City ofLong Lake or its affiliates,
I I ---I
AVV
ftgl� RELUEST FOR ACTION
Long Lake City Council
C I T Y 0 F
LONGLAKE MEETING DATE / March 7,2017 Agendaltern No.7
Subject: Annual Seasonal Use Permit Application by Long Lake Rowing Crew for Use of
Long Lake
Prepared By: Jeanette Moeller, City Clerk Staff Initials:
Recommended Cily Council Action
Staff recommends the following motion:
Motion to authorize the Hennepin County Sherifrs Office Water Patrol to issue a Seasonal Use Permit
to the Long Lake Rowing Crew rowing club for use of Long Lake in 2017, contingent upon the
applicant meeting all conditions of permit issuance imposed by the issuing agency.
LNEervipff I Mgkground
The Long Lake Rowing Crew (LLRC) has made their annual application to the Hennepin County
Sheriffs Office (HCSO) Water Patrol for a Seasonal Use Permit to continue using Long Lake for their
seasonal rowing practice and organized group coaching from April 1 or "ice our through October
31, 2017. During their season, the LLRC proposes to use the lake as follows:
Mondays through Thursdays from 8:00 am to 11:00 am, and 3:30 pm to 5:30 prn (no morning
practices during the school year);
Three evenings during the week from 6:00 pm to 7:30 pm for adult coaching groups;
Saturdays from 7:00 am to 12:00 noon; and
No LLRC organized group coaching or group practice on Fridays or Sundays.
As part of their permit process, HCSO Water Patrol requires that the cities bordering the impacted
lake given their authorization for Seasonal Use Permit issuance. The LLRC will be seeking
authorization for approval of their seasonal lake usage permit request from both the cities of Long
Lake and Orono, in order for HCSO Water Patrol to issue a permit.
At their January 17, 2017 meeting, the City Council voted to adopt Ordinance No. 2017-02 allowing
rowing club facilities as a conditional use in the B-3 Lakeshore Business District; and to adopt
Resolution No. 2017-06 approving a conditional use permit to allow rowing club facilities for the
LLRC on the property located at 1310 W Wayzata Boulevard, Birch's on the Lake. Conditional use
permit approval included the following conditions:
13. Use of the property and Long Lake for rowing club purposes shall be limited to the hours of
8 a.m. to 11 a.m. and 3:30 p.m. to 5:30 p.m. Monday through Thursday, 7 a.m. to 12 p.m.
on Saturday mornings, and up to three evenings per week an evening rowing session for ten
to fifteen adult rowers from 6 p.m. to 7:30 p.m. No morning practice will take place Monday
through Thursday during the weeks when Independent School District 278 schools are in
session.
14. Any events or regattas hosted by the Long Lake Rowing Crew must go through the proper
special event permitting process and obtain all required permits.
Financial Impact: $ Budgeted (Y / N)? Source:
Notes:
Finding that the LLRCs 2017 Seasonal Use Permit application appears consistent with the terms of
their approved conditional use permit, staff recommends the City Council consider authorizing the
HCSO Water Patrol to issue a Seasonal Use Permit for the LLRCs use of Long Lake as requested.
Supoortincs Information
Copy of HCSO Water Patro[ permit application by the LLRC, including scheduled of proposed
operations
Department Approval:
Name: Michael P. Gaffron
Title: Senior Planner
REQUEST FOR COUNCIL ACTION
Date. March 23, 2016 Council
Item No..- 8 Exhibit E
Administrator Approval: Agenda Section:
Y"-4 Zoning
Item Description: Review of Special Event Pen -nit - "Long Lake Rowing Crew"
Permitting Authority: Hennepin County Sheriff s Water Patrol
Location: Long Lake and Orono - Surface of Long Lake
List of Exhibits
A — 3/7/2016 Letter of Request / Schedule and Site Map
B - Water Patrol Special Event Permit Application - Submitted by Applicant 3/7/16
C - 2015 Issued Water Patrol Permit
D - Long Lake Letter to Water Patrol — 2016 Approval
E - 3/18/15 Staff Memo & Council Minutes 3/23/15
The Long Lake Rowing Crew ('LLRC') is again requesting permission from the Water Patrol for
a Sheriffs Special Event Permit for use of Long Lake for regular rowing practice during the
2016 boating season. The Water Patrol standard procedure requires written approval by the
affected local government bodies prior to issuing such permits. LLRC has submitted to Orono a
request for approval for the use for 2016 - please see Exhibit A.
The City Council approved authorizing the 2015 permit for the Rowing Crew in March, 2015 per
Exhibit E attached. A copy of the issued Water Patrol pen -nit for 2015 is attached. The City
received no complaints regarding this use during the 2015 season. The Long Lake Council
approved authorization of the Water Patrol permit at its meeting on March 15' on the basis that
they will be launching from the Birch's site. Storage for 2016 is planned to be under the Birch's
deck, with future plans for added storage potentially at the NLE comer of the Birch's building.
Hours of operation are proposed to be the same as last year (see Exhibit A) with the exception of
an early afternoon class for one week in July. Long Lake City Clerk Jeanette Moeller has
indicated they don't expect parking conflicts with the Birch's restaurant operation due to the
offset in times the LLRC will be there; also that many of the LLRC members will be dropped off
and not require parking.
Staff Recommendation
The applicants have not made a request for use of any Orono parks or facilities, and are merely
requesting written approval to allow issuance of the Sheriff s Water Patrol Special Event Permit
for use of Long Lake. Staff recommends approval subject to the provisions stated in Orono's
2015 approval: 1) no organized practice on Sundays, and 2) shall not impede the use of the
Summit Park beach facilities and access by the public.
COUNCIL ACTION REQUESTED
Motion to direct staff to send a letter to the Sheriff's Water Patrol approving issuance of the
Special Event Permit for the Long Lake Rowing Crew for the 2016 season subject to the above -
noted conditions.
MINUTES OF THE
ORONO CITY COUNCEL MEETING
Manday, March 28,2016
7:00 o'clock p.m.
�Rys#16-3807 TOM GONYEA, ESTATE DEV]KIOF%Mff CORPOMUON, 4254 OLD
BAY ROAD NORM PREIJBMARY PLAT APPROVAL - DRAFT RE LUTION
V Z
AND C REHENSrVE PLAN AMENDACENT, PRE1,IMINARY PLAT AJ9?R0
0 ]R
RESOL ON NO. 65" (confinued)
Maftick noted %Cityrwould also require acoms to that area.
Gonyea staW it is ecollectjon there is a wider easement in that am,
It was the consewus of thq City Council to have the City maintain the stor;dwater pond.
Gaffron stated an Page IS ofVw =resolution, an item of discus whether an escrow for design
work should be required for Gaffron stated to his knowl. the City Enghum has put
us m
�g
together a breakdown of the estimate for the design w k but that he does not have that
wo estima'
available tonight.
City Cou.
Gaffron indicated he will follow up on pomts raised by City Council and will bring it back for
Council review and approval 7at t.he 1 - in April.
Gaffron stated the only other point is if the jelm
,,po �Ani Council delays the ComprehenAve Plan.
. L'� hi
AmendmeW until the City. guides other prq r, U;ghcr density, thm the City will have to make
some pnWas on that fairly quwkly,
Cornick asked whether a 7.5 foot sao/tbacki be part the plan.
th
tge =r
Zc
Gaffron dated the chart on Page 7 of draft resolution" 9 the RPUD standards and will need to
84
.v ' n =
be changed since there was a about haviing a 735 setback.
mov4 Li Ig won to adopt RESOLUTION n. - , a Resoludon Granting
Preliminary Appr dof dment #4 of the Orono 200& 0.3 Community Managesnent Plan,
'omm
vs 0"�%
42-4-595 Old "Flay ad tordi, File No. 16-3807.
Cornick asked whetherffnemeds to be added to the resolution about e possible easement.
Gaffron indicated S)fiff will review with the County possible options far a traflXo�g the south side of
Waynta Boulevyd and bring that item back for discussion at the it
*& REVIEW OF SPECIAL EVENT PERAW -"LONG LAKE ROViING CREW"
PERNUTTING AUTHORITY: HENNEPIN COUNTY SHEREFFIS WATER PATROL
Printup moY4 Levang seconded, to direct Staff to send a letter to the Sheriff's Water Patrol
approving Issuance of the Special Event Permit for the Long Lake Rowing Crew for the 2016
season subject to the conditions recommended by Staff as outlined in the March 23, 2016, Staff
memorandum. VOTE: Ayes 4, Nays 0.
Page 14 of 17
AGENDAITEM
Item No.: 07 Date: March 22, 2017
Item Description: 17-3894 City of Orono Text Amendment: Non -Encroachments
Presenter: Jeremy Barnhart, Community Agenda Planning Department
Development Director Section: Report
1. Purpose. The Ordinance as drafted would permit the placement of low structures (retaining walls and
planters) in side yards, and alter the permitting requirements for grading.
2. Minnesota Statutes 15.99 Deadline. Not Applicable.
3. Background/ Summary. The Council, at their meeting on March 13, 2017, directed the City
Attorney to 'wordsmith' the proposed language to include retaining walls, planters, border stones, and
similar landscaping features. The City Attorney has indicated recommended changes, illustrated in the
attached Exhibit A.
4. Staff Recommendation. Staff recommends adoption of the ordinance as drafted.
COUNCIL ACTION REQUESTED
Adopt, by motion, the ordinance as drafted.
Exhibits
Exhibit A. Draft Ordinance
Prepared By: J. Barnhart
Reviewed By: J. Barnhart
Approved By: D5R
ORDINANCE NO. , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
PERTAINING TO RETAINING WALLS AND GRADING
THROUGHOUT THE CITY OF ORONO
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Section 78-1405(a) of the City of Orono Zoning Ordinance is hereby amended
to read as follows:
(5. 1) Retaining walls,-a*d planters and similar structures, subject to the following
provisions:
a. Retaining walls, anikplanters and similar structures may be located in all required
yards when all of the following conditions are met:
1. The structure is located at least ten feet from the edge of the traveled
roadway;
2. The structure is not located within a drainage, utility, or other easement,
except upon approval in writing for an encroachment agreement by the city; or
similar approval from another regulatory and/or utility agency;
3. The structure creates no impacts to drainage direction, rate or volume for
adjacent properties.
4. The structure is 2 (two) feet in height or less above existing grade.
b-. Retaining walls whieh do not exeeed two feet in height above existing gfound
level, whieh are leeated within the pr-apefty and at least five feet ffem any pfepeAy
line, and for- whieh the afnetint of imported fill asseeiated with the stfuetffe does R
exeeed 20 eti-bie yards, de not r-e"ir-e a building E)r- land aftefa4ien pefffl
c-. b. Retaining walls-, qq4:planters and similar structures exceeding two feet in
height above existing ground level or- for- whieh the ameu*t of impefted
assoeia4ed with the stfuettir-e exeeeds 20 etibie yards or which are located less than
five feet from a side property line, shall require a !and after-a4i permit and upon
recommendation of the building official inspeete may require city council review
or a conditional use permit per the provisions of section 78-967.
4-. c. Retaining walls., qq4:planters and similar structures exceeding the allowed
height of a fence i - . quifed yard shall be located so as to meet the required
accessory structure setbacks established for that yard.
SECTION 2. Section 78-967 of the City of Orono is amended to read as follows:
Sec. 78-967. - Exception.
(a) The requirements of section 78-966 are not intended to govern the following land alteration
activities:
(1) Normal and customary grading in the area of an existing or a newly constructed building,
or the grading of the driveway serving such building.
(2) Any earth movement less than 500 cubic yards which does not adversely impact the
existing drainage.
(3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all
lakes enumerated in article IX of this chapter.
(4) The following Unusual Land Alterations: _
(1) All e*eava4iops for- fotmdations in exeess of 12 feet average depth if any- amount of t
exeess matef!ial removed below 12 feet depth is to be steekpiled on the site.
(2) Any additional fill bf:eught on site in e*eess of 500 e4ie yafds, e�ieept for- fill fequifed to
faise gfade f6f! adequate ffost footing prateetion, the intent being that stfitetufes shal
be afti-fieially faised above the pr-ee�Eistipg stiffotmding tepogfaphy.
(3) Grading of aftefations thm would pfopose any ehafiges in elevations withift five feet E&
adjaeeat residential lot lines exeept fof dfainage swales and ditehes.
a.) AU unusual land alterations, including earth filling, removal or grading, proposed by a
builder shall be subject to a permit. The following land alterations shall be considered as
unusual land alterations:
I . All excavations for foundations in excess of 12 feet average depth if �Lny amount of
the excess material removed below 12 feet depth is to be stockpiled on the site.
2. Any additional fill brought on site in excess of 500 cubic yards, except for fill
required to raise grade for adequate frost footing protection, the intent being that
structures shall not be artificially raised above the preexisting surrounding
topogrgphy.
3. Grading or alterations that would propose �Lny changes in elevations within five feet
of adjacent residential lot lines except for drainage swales and ditches.
(b) Such grading and earth movement shall be subject to approval by the building inspector at the
time of issuance of a building permit, provided that a plan showing proper drainage and
protection of adjoining property has been submitted. Where such earth movement is not being
performed in con unction with a building permit, a separate land alteration permit shall be
required.
(c) The building inspector shall have the authority to refer any requests for land alteration permits
to the city council for review and approval in instances where the land alteration appears to
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(1) All e*eava4iops for- fotmdations in exeess of 12 feet average depth if any- amount of t
exeess matef!ial removed below 12 feet depth is to be steekpiled on the site.
(2) Any additional fill bf:eught on site in e*eess of 500 e4ie yafds, e�ieept for- fill fequifed to
faise gfade f6f! adequate ffost footing prateetion, the intent being that stfitetufes shal
be afti-fieially faised above the pr-ee�Eistipg stiffotmding tepogfaphy.
(3) Grading of aftefations thm would pfopose any ehafiges in elevations withift five feet E&
adjaeeat residential lot lines exeept fof dfainage swales and ditehes.
a.) AU unusual land alterations, including earth filling, removal or grading, proposed by a
builder shall be subject to a permit. The following land alterations shall be considered as
unusual land alterations:
I . All excavations for foundations in excess of 12 feet average depth if �Lny amount of
the excess material removed below 12 feet depth is to be stockpiled on the site.
2. Any additional fill brought on site in excess of 500 cubic yards, except for fill
required to raise grade for adequate frost footing protection, the intent being that
structures shall not be artificially raised above the preexisting surrounding
topogrgphy.
3. Grading or alterations that would propose �Lny changes in elevations within five feet
of adjacent residential lot lines except for drainage swales and ditches.
(b) Such grading and earth movement shall be subject to approval by the building inspector at the
time of issuance of a building permit, provided that a plan showing proper drainage and
protection of adjoining property has been submitted. Where such earth movement is not being
performed in con unction with a building permit, a separate land alteration permit shall be
required.
(c) The building inspector shall have the authority to refer any requests for land alteration permits
to the city council for review and approval in instances where the land alteration appears to
potentially create negative impacts or be not in keeping with the goals and policies of the
community management plan.
SECTION 3. Section 78-969 — Permit for Rip Rap —is hereby deleted:
Sec. 78-969. - Permit far- fipr-ap. Purposely Left Blank
SECTION 4. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage
and publication.
ADOPTED this _ day of _, 2017 on a vote of _ ayes and _ nays by the
City Council of Orono, Minnesota.
ATTEST:
Anna Carlson, City Clerk
Dennis Walsh, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of 12017.
AGENDAITEM
Item No.: 08 Date: March 22, 2017
Item Description: #17-3899, James Smale Representing Little Acorns Child Care, Inc.
- Conditional Use Permit for Daycare Use at 2060 Wayzata Boulevard - Resolution
Presenter: Mike Gaffron, Senior Planner Agenda Planning Department
Section: Report
1. Purpose. The purpose of this action item is to adopt a resolution approving the Conditional
Use Permit for daycare use at 2060 Wayzata Boulevard.
2. Application Deadline. Rcvd: 1/17/17 Complete: 1/17/17 60 -Day Review Expires: extended to 5/18/17
3. Background. On March 13 the City Council approved the use of the property for daycare
use and directed staff to draft a resolution for approval. A resolution for approval is attached,
reflecting the findings and conditions noted in the staff reports supporting the application.
4. Staff Recommendation. Staff recommends that Council adopt the attached resolution.
COUNCIL ACTION REQUESTED
Adopt or amend the attached resolution entitled A Resolution Granting a Conditional Use
Permitfor Daycare Use at 2060 Wayzata Boulevard — File #17-3899.
Exhibits
A — Notice of Council Action 3/16/17
B — Resolution for Adoption
Prepared By: Mike Gaffron Reviewed By: Mike Gaffron Approved By: D5R
NOTICE OF CITY COUNCIL AMON Council
Exhibit A
CITY OF ORONO
2750 Kelley Parkway ZONING FILE- 17-3898/3899
PO Box 66
Crystal Bay, MN 55323
952.249.4620 DATEOFNOTICE* March16,2017
TO: Little Acorns / Att. James Smale COPIES: Dale Richardson
1865 W. Wayzata Blvd., Suite 112 CBS -MN Properties
Long Lake, MN 55356 P.O. Box 575
Long Lake, MN 55356
James smale@redr)athcg.com
CommerciaIBuildingServ@live.com
TYPE OF REQUEST: 17-3898 PUD Amendment
17-3899 Conditional Use Permit for Daycare Use
DATE OF MEETING: March 13, 2017
The Orono City Council voted 5-0 on a two-part motion to 1) approve the proposed amendment of the
PUD No. 2C Agreement and 2) to direct staff to draft a resolution for approval of a Conditional Use
Permit for daycare use at 2060 Wayzata Boulevard, subject to the following conditions:
a. Applicants to provide detailed plans with regard to the outdoor play areas, which should be
designed to meet State of Minnesota licensing standards.
b. Prior to occupancy, the final lift of bituminous to be installed and the parking lot striped per the
approved site plans, and dumpster screening be constructed.
c. A signage plan meeting City requirements to be submitted.
d. Property owner to provide a detailed schedule for completion of required site improvements.
A resolution reflecting these and other pertinent conditions has been drafted for action by the Council at
its March 22 meeting. The above items a. and d. will be required to be submitted prior to issuance of
building permits for the remaining interior work. Items b. and c. will be required prior to issuance of a
Certificate of Occupancy. The plans noted in item a. should include scaled and dimensioned depictions
of the proposed play areas, noting fencing or other planned demarcation of the areas as well as any
revisions to parking areas, curbs, etc. that are proposed. The signage plan (item c.) should include the
proposed dimensions and location of all proposed signage relative to the daycare use as well as plans for
completion or replacement of the existing monument sign.
VOTE -. 5 FOR 0 AGAINST
Applicant's next meeting is scheduled as: Wednesday, March 22, 2017
This is a City Council meeting. The meeting begins at 7:00 PM
60 -Day Extension Notice. The current deadline for City action on your application based on the January
17 application completion date is March 18, 2017. Because the earliest possible date for final Council
action will not occur until after March 18, the City is extending the time period for City action on
application #17-3899 under Minn. Stat. § 15,99, subd. 3(f). Please note the time period for action on
this application is hereby extended an additional 60 days until May 18, 2017. NOTE: THIS DOES NOT
IMPACT YOUR FINAL APPROVAL WHICH IS STILL SCHEDULED FOR MARCH 22.
CITY OF ORONO Council
RESOLUTION OF THE CITY COUNCIL Exhibit B
NO.
A RESOLUTION GRANTING
A CONDITIONAL USE PERNUT
FOR DAYCARE USE AT
2060 WAYZATA BOULEVARD
- FILE NO. 17-3899
WHEREAS, CBS MN, LLC, a Minnesota limited liability company (hereinafter
"the Owner") represented by Dale Richardson, is Owner of the property located at 2060 Wayzata
Boulevard within the City of Orono (hereinafter the "City"), said property identified as Hennepin
County PINS 34-118-23 210037 and 34-118-23 210040, and legally described as Lot I and Lot
6, Block 1, AMEBER WOODS OFFICE CENTRE, Hennepin County, Minnesota (hereinafter
the "Property"); and
WHEREAS, the Owner in cooperation with proposed tenant Little Acorns Child
Care (the "Applicants") has made application to the City of Orono for a conditional use permit
(hereinafter "CUP") pursuant to the Planned Unit Development No. 2C Agreement and
Development Contract (the "Agreement"), and the First Amendment to said Agreement and
Contract (the "Amendment"), to allow the operation of a daycare use on the Property; and
WHEREAS, 'Daycare facilities' are a Conditional Use subject to the provisions of
the Agreement and Amendment.
Minnesota:
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
FINDINGS
I . This application was reviewed as Zoning File 17-3 899.
2. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above mentioned meetings, and any and all other
materials distributed at these meetings are hereby incorporated by reference.
3. The Property is zoned B-6 PUD and the allowed uses within the Property are
governed by the provisions of the Agreement and the Amendment which establish
conditions for use of the property.
4. The Planning Commission reviewed this application at a public hearing held on
February 21, 2017 and recommended approval of the CUP for operation of
daycare facility.
Page I of 5
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
IMS]
5. The Owner has demonstrated awareness of the potential impacts of the dayeare use
on ftiture development of the remaining Lots associated with the plat of AMBER
WOODS OFFICE CENTRE.
6. Conditional Use Permit Analysis. The City Council makes the following findings
with regard to the criteria necessary for the granting of a conditional use permit.
a) The proposed use is consistent with the community management plan; The
Comm unity Man agemen t plan maps th e sitefor office use b ut in th e text suggests
appropriate uses for the site include service uses, which supports the proposed
daycare use.
b) The proposed use is compliant with the zoning code, including any
conditions imposed on specific uses as required by article V, division 3 of the City
Code; The Amendment (of the PUD No. 2CAgreement) has established that the
daycare use is consistent with use regulations.
c) The proposed use is adequately served by police, fire, roads, and stormwater
management; The use of the existing commercial buildingfor daycare use is not
expected to increase demand on public safety, transportation, or stormwater
facilities. Pending improvements to the configuration of Wayzata Boulevard by
Hennepin County will establish a directfull turning movement access to the site
from Wayzata Boulevard which does not exist currently.
d) The proposed use is provided with an adequate water supply and sewage
disposal system; The property is served by municipal water and sanitary sewer.
No local sewer and water connection charges are due.
e) The proposed use is not expected to generate excessive demand for public
services at public cost; No additional public service costs associated with the
proposed use are anticipated.
f) The proposed use is compatible with the surrounding area as the area is used
both presently and as it is planned to be used in the future; The adjoiningproperties
to the north and east are residential; to the south and west are commercial. The
proposed daycare use appears to be consistent with the Comprehensive Plan text
that suggests service uses are appropriatefor this site.
g) The proposed use is consistent with the character of the surrounding area,
unless a change of character is called for in the Community Management Plan; The
Community Management Plan suggests that this property and those to its
immediate west "should be developed with a mix of commercial uses including
retail, service and office components". The proposed use is compatible with the
Page 2 of 5
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
003
character of buildings and site improvements in the surrounding area, unless a
change of character is called for in the Community Management Plan; The existing
building has both commercial and residential characteristics and its location and
design make it relatively compatible with the surrounding residential and
commercial uses.
h) The proposed use is not expected to substantially impair the use and
enjoyment of the property in the area or have a materially adverse impact on the
property values in the area when compared to the impairment or impact of generally
pen-nitted uses; No evidence has been presented to suggest otherwise.
i) The proposed use is provided with screening and buffering adequate to
mitigate undesirable views and activities likely to disturb surrounding uses;
Landscaping will be inspected to ensure that adequate screening is retained
between the existing building and the adjacent residential neighborhood, and
that all landscaping required with the original PUD site approvals is in place.
This includes vegetative screening throughout the site as well as structural
screening of the dumpster area.
j) 1he proposed use will not create a nuisance which generates smoke, noise,
glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or
othermeans; No evidence has been presented to suggest otherwise.
k) The proposed use will not cause excessive non-residential traffic on
residential streets, parking needs that cause a demonstrable inconvenience to
adjoining properties, traffic congestion, or unsafe access; No evidence has been
presented to suggest otherwise. Access easement through the Senior Housing
site are in place to allow access to Brown Road in the interim before Wayzata
Boulevard improvements are completed by Hennepin County.
1) The proposed use is designed to take into account the natural, scenic, and
historic features of the area and to minimize environmental impact,- The proposed
daycare use of the existing building is not expected to have any negative effects
on the environment nor the natural, scenic and historicfeatures of the area.
m) All exterior lighting shall be so directed so as not to cast glare toward or
onto the public right-of-way or neighboring residential uses or districts; The site
currently contains appropriately shieldedparking lot lighting. Any changes to
the exterior lighting will be reviewed to ensure conformance with the glare
standards, and
n) The proposed use will not be detrimental to the public health, public safety,
or general welfare. There is no evidence that the proposed use will have
detrimental effects.
Page 3 of 5
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
0103
7. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the Owner, Applicants and the public, and the effect of the proposed conditional
use permit on the health, safety and welfare of the community.
8. The City Council finds that the Owner and Applicants' request would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
Conditional Use Permit pursuant to the Planned Unit Development No. 2C Agreement and
Development Contract, and the First Amendment to said Agreement and Contract, to allow the
operation of a daycare use on the Property, subject to the following conditions:
1 . Prior to issuance of building permits for interior finishing of the existing building on Lot 1,
Owner and Applicants shall provide detailed plans with regard to the outdoor play areas to be
established within Lot 6, which shall be designed to meet State of Minnesota licensing
standards and which shall be subject to City Engineer approval of design and location relative
to the proximity to parking areas and municipal utility facilities. Said play areas shall be
located approximately as indicated on the generalized site plan submitted by the Owner and
Applicants attached hereto as Exhibit A.
2. Prior to issuance of building permits for interior finishing of the existing building on Lot 1,
Owner shall provide a detailed schedule for completion of required site improvements required
by the Agreement, including but not limited to exterior landscaping, and securing of the
existing foundation on Lot 2.
3. Prior to occupancy, the final lift of bituminous shall be installed in the vicinity of the daycare
use; the parking lot shall be striped per the approved site plans; and dumpster screening shall
be installed per the approved plans
4. Prior to occupancy, a signage plan meeting City requirements shall be submitted.
5. Authorities granted by this resolution run with the Property not with the Owner or Applicants,
but are permissive only and must be exercised by obtaining building permits for building
interior completion. A satisfactory final inspection for the interior finishes must be completed
within one year of the date of Council approval, or the conditional use permit will expire on
that date (March 22, 2018).
Page 4 of 5
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
063
6. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
Adopted by the Orono City Council on the 22nd day of March, 2017.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
(SEAL)
Page 5 of 5
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AGENDAITEM
Item No.: 09 Date: March 22, 2017
Item Description: Claims/Bills
Presenter: Ron Olson Agenda City Administrator's
Finance Director Section: Report
1. Purpose. The purpose of this action item is to approve payment of claims made on the City for
services and/or products provided to the City.
2. Background. The attached claims for payment have been received by the City. Staff has
reviewed the claims and is recommending approval of the listing for payment. The claims will
be paid by checks 107117 to 107157, totaling $109,157.01.
3. Noteworthy Payments.
Vendor
Amount
Description of Payment
107127 Health Partners
$48,522.50
Payment for employee health insurance premiums for
March. The payment is a combination of City paid benefit
dollars and payroll deductions.
#107133 LOGIS
$7,877.50
Monthly payment for our Police Records system, Internet
ISP functions and cloud backup service. LOGIS also
provides higher end network support.
Excel is required to provide $ 100 service credits for power
#107157 Xcel Energy
$1,558.26
outages affecting municipal pumping stations. These
credits were applied to the February bill. As a result, the
sewer portion of the bill was a $9,144.62 credit.
4. Staff Recommendation. Staff reconimends approval of a motion authorizing payment to the claims
list as presented.
COUNCIL ACTION REQUESTED
Motion to approve the claims list as presented.
Exhibits
Check Register
Prepared By: JqY(9 Reviewed By: NYC Approved By: NZ
City of Orono Check Register - COUNCIL REPORT Page, 1
Check Issue Dates: 3/14/2017 - 3/22/2017 Mar 16, 2017 12:14PM
Check Check Invoice Invoice GIL Account Description Department Invoice
Payee Issue Date Number Number Amount
ADVANCED IMAGING SOLUTIO
03/2212017
107117
324997766
101-41900-413
CH Copier Lease -02/20/17-03/20/17
Central Services
1,357.00
ADVANCED IMAGING SOLUTIO
03/22/2017
107117
325027696
101-42110-413
Police Copier 02/20-03/20/2017
Police Department
470.26
Total 107117:
1,827.26
ADVANCED IMAGING SOLUTIO
03/22/2017
107118
INV127813
602-49450-401
Printer 03/10-04/09/2017
Sewer
50.07
ADVANCED IMAGING SOLUTIO
03/22/2017
107118
INV127813
101-42110-401
Printer 03/10-04/09/2017
Police Department
100.13
ADVANCED IMAGING SOLUTIO
03/22/2017
107118
INV127813
101-41900-401
Printer 03/10-04/09/2017
Central Services
100.13
Total 107118:
250.33
CAMPBELLKNUTSON
03/22/2017
107119
12
406-48706-307
HAZ Building 3907 Cherry
625.50
CAMPBELLKNUTSON
03/22/2017
107119
123
101-42110-307
Police Matters -02/20117
Police Department
217.00
CAMPBELLKNUTSON
03/22/2017
107119
134
101-41600-307
Council Communications -2/2017
Law/Legal Services
310.00
CAMPBELL KNUTSON
03/22/2017
107119
134
601-49400-307
Chlorine Release Matter
Water
186.00
CAMPBELLKNUTSON
03/22/2017
107119
134
101-41600-307
Ordinances -2/2017
Law/Legal Services
558.00
CAMPBELL KNUTSON
03/22/2017
107119
134
101-41600-307
Interim Administrator
Law/Legal Services
740.00
CAMPBELLKNUTSON
03/22/2017
107119
134
101-41600-307
Big Island Docks
Law/Legal Services
372.00
CAMPBELLKNUTSON
03/22/2017
107119
134
101-41600-307
Gen Legal/Staff/Reveiw
Law/Legal Services
1,721.75
CAMPBELL KNUTSON
03122/2017
107119
2717398G.7
101-41600-307
Land Registration
Law/Legal Services
248.00
CAMPBELL KNUTSON
03/22/2017
107119
2717-462G-3
101-43280-307
16-3875-3295 Crystal Bay Road
Special Services
100.00
CAMPBELLKNUTSON
03/22/2017
107119
2717-472G.3
601-49400-307
Chlorine Matter
Water
976.50
CAMPBELLKNUTSON
03/22/2017
107119
2717-473G.2
101-41600-307
Johnson/Feldshon Matter
Law/Legal Services
1,083.22
CAMPBELLKNUTSON
03/22/2017
107119
2717-474G.1
101-43280-307
17-3887-2118 Shadywood
Special Services
100.00
CAMPBELLKNUTSON
03/22/2017
107119
2717-475G.1
101-43280-307
17-3888-3745 Shoreline
Special Services
75.00
CAMPBELLKNUTSON
03/22/2017
107119
2717-476G.1
101-43280-307
17-3889-2170 Prosped
Special Services
100.00
CAMPBELLKNUTSON
03/22/2017
107119
2717-477G.1
101-42110-307
17-3890-517 Ferndale
Police Department
100.00
CAMPBELLKNUTSON
03122/2017
107119
2717-478G.1
101-43280-307
17-3901-4380 Sixth Ave
Special Services
366.50
CAMPBELLKNUTSON
03/22/2017
107119
2717-800G.1
101-42400-307
Staff Meetings -2/2017
Building & Zoning
1,379.50
CAMPBELLKNUTSON
03/22/2017
107119
2717-801G.1
101-41600-307
Council Meetings -02/2017
Law/Legal Services
1,240.00
CAMPBELL KNUTSON
03/22/2017
107119
2717-802G.1
101-42400-307
B&Z Assistance -02/2017
Building & Zoning
465.00
CAMPBELLKNUTSON
03/22/2017
107119
2717-803G.1
101-41600-307
Ordinances -02/2017
Law/Legal Services
325.50
CAMPBELL KNUTSON
03122/2017
107119
3
101-43280-307
16-3814-1700 Bohns Point Rd
Special Services
50.00
CAMPBELL KNUTSON
03/22/2017
107119
57
101-41600-307
Misc Recordings
Law/Legal Services
348.41
CAMPBELL KNUTSON
03/22/2017
107119
69
101-41600-307
Nygard Appeal
Law/Legal Services
713.00
CAMPBELLKNUTSON
03/22/2017
107119
78
101-41600-308
Code Enforcement -2/2017
Law/Legal Services
390.50
Total 107119: 12,791.38
CARDMEMBER SERVICE 03/22/2017 107120 CF020317.2 101-42110-439 Tip -Chiefs Meeting on 2/3/17 Police Department 2.00
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 3/14/2017 - 3/22/2017 Mar 16, 2017 12:14PM
Check Check Invoice Invoice GIL Account
Payee
Issue Date
Number
Number
Police Department
CARDMEMBER SERVICE
03/22/2017
107120
CF021017
101-42110-437
CARDMEMBEIR SERVICE
03/22/2017
107120
CF030917
101-42110-437
CARDMEMBEIR SERVICE
03/22/2017
107120
CF030917.2
101-42110-575
CARDMEMBEIR SERVICE
03/22/2017
107120
CF0311/17
101-42110-437
CARDMEMBEIR SERVICE
03/22/2017
107120
CF031117
101-42110-402
CARDMEMBEIR SERVICE
03/22/2017
107120
CF031317
101-42110-439
CARDMEMBER SERVICE
03/22/2017
107120
R0012517
101-42110-221
CARDMEMBER SERVICE
03/22/2017
107120
R0012617
101-41900-221
CARDMEMBEIR SERVICE
03122/2017
107120
R0022717
101-41110-439
CARDMEMBEIR SERVICE
03/22/2017
107120
RO022717.2
101-41110-439
CARDMEMBER SERVICE
03/22/2017
107120
R0030817
101-41300-437
Total 107120:
CARSON, CLELLAND & SCHRE
03/22/2017
107121
031317
231-45650-307
Total 107121:
CENTRAL HYDRAULICS
03/22/2017
107122
008278
601-49400-402
CENTRAL HYDRAULICS
03122/2017
107122
008278
602-49450-402
Total 107122:
CHOO CHOO RESTAURANT & B
03/22/2017
107123
03132017
101-42110-439
Total 107123:
CITY OF MINNEAPOLIS RECEIV
03/22/2017
107124
4004510009
101-42110-311
Total 107124:
David Goman
03/22/2017
107125
DJG0307201
101-43000-331
Total 107125:
DEPUTY REGISTRAR
03/22/2017
107126
1FMCU9C78
101-42110-441
Total 107126:
HEALTH PARTNERS
03/22/2017
107127
71727407
101-21706
Description
Department
Invoice
Amount
Anoka County Sheriffs Office -Advanced Gun LawTr
Police Department
120.00
Training DVD
Police Department
25.00
Tablet -PD -C. Farniok
Police Department
389.99
Food -Use of Force Trg-PID
Police Department
31.10
Caswash #235
Police Department
10.00
Food -Minnetonka Beach Police Contract Mtg
Police Department
12.80
Battery -PD -Symbol Tech Scanner Property Room
Police Department
15.99
IP Conference Phone -Council Chambers
Central Services
365.05
Cookies For Council Mtg-03/13/17
Mayor & Council
17.97
Food for Council Work Session -03/13/17
Mayor & Council
56.32
MCFOA Anni Conf Reg -A. Carlson
Administration
240.00
I.. In
Vehicle Forfeiture 120.00
120.00
Truck #712 Crane Maint. Water 272.03
Truck #712 Crane Maint. Sewer 272.04
Tax -2017 -PD awards banquet Police Department 39.29
39.29
2017 APD Annual QO User Access Police Department 204.00
204.00
Parking 03/07-03/09/2017-MRWA Water/Sewer Sch Public Works Department 15.00
1. —
License Tab Renewal 2010 Ford Escpae-VIN#1 FMC Police Department 11.00
44 -
March/2017-HP HRA 42,696.00
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 3/14/2017 - 3/22/2017
Total 107134:
MINNEAPOLIS OXYGEN COMPA 03/22/2017 107135 00005969 101-43000-415 Medical Oxygen
MINNEAPOLIS OXYGEN COMPA 03/22/2017 107135 00005969 101-42110-221 Medical Oxygen
MINNEAPOLIS OXYGEN COMPA 03/22/2017 107135 00005970 101-42110-221 Medical Oxygen
Page: 3
Mar 16, 2017 12:14PM
Department
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
4,485.00
HEALTH PARTNERS
03/22/2017
107127
71727407
101-15998
March/2017-HP Ins
HEALTH PARTNERS
03/22/2017
107127
71727407
101-42110-135
March/2017-HP Ins
Total 107127:
IN CONTROL, INC.
03/22/2017
107128
16189MA01
601-16500
2016 SCADA Project -Water
Total 107128:
KENNETH N POTTS PA
03/22/2017
107129
FEB/2017
101-41600-306
prosecution services-Feb/2017
Total 107129:
KUSTOM SIGNALS INC
03/22/2017
107130
538398
101-42110-221
Small PD Speed Trailer Repair
Total 107130:
L-3 COMMUNICATIONS
03/22/2017
107131
0252897 -IN
101-42110-580
New Squad Build #248
Total 107131:
LINDAWOTIPKA
03122/2017
107132
2011-00777
101-22205
Escrow Refund -11-3508, 2011-00777, 2011 -00898 -
Total 107132:
LOGIS
03/22/2017
107133
43199
101-42110-310
Police Records -02/2017
LOGIS
03/22/2017
107133
43199
101-42110-329
Internet -02/2017
LOGIS
03122/2017
107133
43199
101-41900-329
Internet -02/2017
LOGIS
03/22/2017
107133
43199
101-41900-319
Backups -02/2017
LOGIS
03/22/2017
107133
43298
101-42110-401
Firewall Settings
Total 107133:
MEDIACOM
03/22/2017
107134
9831-FEB/20
614-49840-329
GC cable -02/2017
Total 107134:
MINNEAPOLIS OXYGEN COMPA 03/22/2017 107135 00005969 101-43000-415 Medical Oxygen
MINNEAPOLIS OXYGEN COMPA 03/22/2017 107135 00005969 101-42110-221 Medical Oxygen
MINNEAPOLIS OXYGEN COMPA 03/22/2017 107135 00005970 101-42110-221 Medical Oxygen
Page: 3
Mar 16, 2017 12:14PM
Department
Invoice
Amount
Police Department
5,235.00
Police Department
591.50
Central Services
48,522.50
Police Department
4,485.00
4,485.00
Law/Legal Services
3,166.66
3,166.66
Police Department
472.50
472.50
Police Department
4,661.00
Police Department
6,499.00
Police Department
198.00
Central Services
198.00
Central Services
925.00
Police Department
57.50
Cable Franchise 7.34
7.34
Public Works Department 11.34
Police Department 11.34
Police Department 30.24
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 3/14/2017 - 3/22/2017
Page 4
Mar 16, 2017 12:14PM
Department Invoice
Amount
Police Department 12.32
Water
1.00
2.00
lj� r1r)
51.00
Police Department 150.00
150.00
Public Works Department 125.00
125.00
Police Department 8.98
8.98
Golf Course 889.08
889.08
Parks 40.79
Sewer 1,242.00
1,242.00
Police Department 43.00
Check
Check
Invoice
Invoice GIL Account
Description
Payee
Issue Date
Number
Number
MINNEAPOLIS OXYGEN COMPA
03/2212017
107135
00005971
101-42110-221
Medical Oxygen
Total 107135:
MINNESOTA PIPE & EQUIPMEN
03122/2017
107136
0373873
601-49400-227
2" Cast Coupling
Total 107136:
MN DEPT OF REVENUE -WIRE
03122/2017
107137
FEB/2017
101-34210
Feb/17--General Sales tax
MN DEPT OF REVENUE -WIRE
03/22/2017
107137
FEB/2017
101-34650
Feb/1 7 -Police Reports Sales tax
MN DEPT OF REVENUE -WIRE
03/22/2017
107137
FEB/2017
601-39610
Feb/1 7 -Water Meter Sales tax
MN DEPT OF REVENUE -WIRE
03/22/2017
107137
FEB/2017
601-20806
Feb/1 7 -Bulk Water Sales Tax
Total 107137:
MN SHERIFFS ASSOCIATION
03/22/2017
107138
135000
101-42110-437
Use of Force Instructor Refresher
Total 107138:
MOBILE 1 AUTO GLASS, LLC
03122/2017
107139
16188
101-43000-403
Unit #430 -John Deere Backhoe
Total 107139:
MOUND TRUE VALUE
03/22/2017
107140
142046
101-42110-221
Cleaning Wipes
Total 107140:
MTI DIST CO
03/22/2017
107141
1104164-00
101-45210-403
sharpen Fairway Mower
Total 107141:
NAVARRE HARDWARE
03/22/2017
107142
300673
101-45200-225
Lurten Park Informational Box
Total 107142:
NELSON ELECTRIC MOTOR RE
03/22/2017
107143
8013
602-49450-406
GS#2 Pump #2 Repairs
Total 107143:
NEWEGG INC
03/22/2017
107144
1300179626
101-42110-221
Dell Computer
Page 4
Mar 16, 2017 12:14PM
Department Invoice
Amount
Police Department 12.32
Water
1.00
2.00
lj� r1r)
51.00
Police Department 150.00
150.00
Public Works Department 125.00
125.00
Police Department 8.98
8.98
Golf Course 889.08
889.08
Parks 40.79
Sewer 1,242.00
1,242.00
Police Department 43.00
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 3/14/2017 - 3/22/2017
Page: 5
Mar 16, 2017 12:14PM
Check
Check
Invoice
Invoice GIL Account Description
Department
Invoice
Payee
Issue Date
Number
Number
Amount
Total 107144:
43.00
NORTH MEMORIAL
03/22/2017
107145
EMIR RERES
101-42110-437
EMIR Refresher 2/6 & 2/13 2017
Police Department
180.00
Total 107145:
180.00
0 SULLIVANS HOLIDAY 546
03/22/2017
107146
FEB/2017
101-42110-402
FEB/2017- Car Washes
Police Department
198.00
Total 107146:
198.00
0 SULLIVANS HOLIDAY 547
03/22/2017
107147
FEB/2017
101-42110-402
FEB/2017-car washes
Police Department
384.45
Total 107147:
384.45
OFFICE DEPOT
03/22/2017
107148
91127812700
101-41900-201
Dividers, paper cover, pens, post its, tissues
Central Services
231.17
OFFICE DEPOT
03/22/2017
107148
91127819000
101-41900-201
Plates
Central Services
39.18
Total 107148:
270.35
PAETEC
03/22/2017
107149
68865385
601-49400-321
FEB/1 7 -Water Plant Phone
Water
56.56
Total 107149:
56.56
RANDY OBRIEN
03/22/2017
107150
R0030717
601-49400-437
reimb for parking at water school
Water
10.00
Total 107150:
10.00
ROBIN STALOCH
03/22/2017
107151
2016-00604
101-22205
Escrow Refund -#2016-00604-271 0 Kelly Ave
2,500.00
Total 107151:
2,500.00
TWIN CITY GARAGE DOOR CO
03122/2017
107152
478536
101-41900-404
PW N orth Garage Door, Adjust Chain Tension
Central Services
165.00
Total 107152:
165.00
VARNER MOBILE SERVICES LL
03/22/2017
107153
5399
101-43000-402
Rapairs on #427
Public Works Department
898.68
VARNER MOBILE SERVICES LL
03/22/2017
107153
5400
602-49450-402
Rapairs on #713
Sewer
1,153.70
VARNER MOBILE SERVICES LL
03/22/2017
107153
5401
101-43000-403
Repairs on Trailer
Public Works Department
282.46
VARNER MOBILE SERVICES ILL
03/22/2017
107153
5405
101-43000-402
Repairs on #425
Public Works Department
2,423.78
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 3/14/2017 - 3/22/2017
Page: 6
Mar 16, 2017 12:14PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GIL Account
Description
Department
Invoice
Amount
Total 107153:
4,758.62
WATERS & COMPANY
03/22/2017
107154
001511.102-1
101-43290-800
2017 -City Administrator Recruitment
Special Projects -Contingencies
6,450.00
Total 107154:
6,450.00
WEILANDS ALL SEASONS CLINI
03/22/2017
107155
23894
101-41900-403
Repairs -Crystal Bay Post Office Furnace
Central Services
629.60
Total 107155:
629.60
WRIGHT HENNEPIN ELECTRIC
03/22/2017
107156
FEB/2017
101-43000-386
Electrical Svc -02/01/17-03/10/17
Public Works Department
111.02
WRIGHT HENNEPIN ELECTRIC
03/22/2017
107156
FEB/2017
602-49450-381
Electrical Svc -02/01/17-03/10/17
Sewer
37.12
Total 107156:
148.14
XCELENERGY
03/22/2017
107157
537504387
101-41900-381
Electric -01/22117-02/21/17
Central Services
1,924.61
XCELENERGY
03/22/2017
107157
537504387
101-42110-381
Electric -01/22/17-02/21/17
Police Department
1,455.61
XCELENERGY
03/22/2017
107157
537504387
101-42110-381
Electric -01/22/17-02/21/17
Police Department
35.71
XCELENERGY
03122/2017
107157
537504387
101-43000-381
Electric -01/22/17-02/21/17
Public Works Department
139.97
XCELENERGY
03/22/2017
107157
537504387
101-43000-386
Electric -01/22/17-02/21/17
Public Works Department
2,141.92
XCELENERGY
03/22/2017
107157
537504387
101-45200-381
Electric -01/22/17-02/21/17
Parks
164.75-
XCELENERGY
03/22/2017
107157
537504387
601-49400-381
Electric -01/22/17-02/21/17
Water
5,053.13
XCELENERGY
03/22/2017
107157
537504387
602-49450-381
Electdc-01/22/17-02/21/17
Sewer
9,144.62-
XCELENERGY
03/22/2017
107157
537504387
101-45210-381
Electric -01/22/17-02/21/17
Golf Course
116.68
Total 107157: 1,558.26
Grand Totals: 109,157.01
AGENDAITEM
Item No.: 10 Date: March 22, 2017
Item Description: Closed Meeting for Attorney -Client Privilege
Presenter: Soren Mattik, City Attorney Agenda City Attorney's Report
Section:
The meeting will be closed as permitted by the attorney-client privilege (section 13D.05,
subdivision 3(b)) to discuss pending litigation. Matthew and Susanne Johnson/David and
Archelle Feldshon v. City of Orono, etal. Court File 27 -CV -17-1030.
COUNCIL ACTION REQUESTED
Council to announce this is a closed session.
Prepared By: SM Reviewed By: RD Approved By: D5R