Loading...
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 161 BERWEM NOR mftry Awwo-1whisft CERTIFICATE OF LIABILITY INSURANCE "Monamm�) 71IIIS CmF111I CEFMFr-ATE OF awo—Ruill .......... ............... R IIIII ' 1' 11111111111 DOES NOT AFFIRMATIVELY OR NEGATIVEL AMEND. EXTEND OR ALTER THE IN THE CERTIFICATE HOLDER. THIS BELOW, TKO CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A OOVERAGE AFFORDED BY THE POLICIES 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 *Wdooabs 1 1 11,11111MD—,&�u*Wto r In Hsu of Polky, mrtafn P9110108 may require an andermemenL A statemat an thIs CeIrdficEft do" not @onfar ftrft 19 the Pi 0 an such s a . Rombra & Comany '736 SPZingdals Drivg Wendy Pierft dh (610)3 1-7 FAX (d%0)293 -5g;3. Rxton PA 19341-0100 [Neu Unitied States Rowinq Association and it's mmber Organizations 2 Wall Street NJ 09540 III-anFLNUATKNUMBER.16-17 Master . . . . . . . . . . . . . . ....................... ...... .... ......... . THFS IS To CER I' I 111il" IF ! 1: 1 111: Ili, 1� 1 ) I jjijggj�� ! �! � ........ .. RE101fSKIiiiii NU&qaER: I',F %111111'11�� I ,I , ::: 15 Jill !1] 11, 11 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR :;i � i'F�!� ............... 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 iR TWE OF jW1uwAIIIgIII- REfflum- MIA HAVE BEEN REDUCED BY PAID CLAWS. X r COW21IMNAL G06MAL LUSLIffy GLIWASWAGE X OCCUR 11thOmmAtt ZdabiJAt, X GENt A13GRE1131ATE LIRMT AI PEw. OC AUTOMOBILE LII ANY AUTO ALL OWNE SCMDULED AUTO$ MMED HIRW A AI X ZON X UMMILRELL LAM X OCCUR OMM LM -b X 10.800 WnAKERS GmupEb"ma AkUeVAvLOyEWUAftKM ANY '4101"Al[FTOWPARTNERFEnCUTWE v�m =11m,= =A�Bclr MIA -- —URKENCE 111; 11000,000 UED XP ww PERSONAL 5 AW INjVPy 1,000,000 GENERAL AGMEGATE S St"01000 PRODUCTS - COMPOP AM 2,000,00a S I DOG, Goo BODILY (MIJURY JPgr Wow) S 12/31/2016 12/31/2017 WMI 1PwUURv abodem 6 P TV 6 2.2/31/2016 1 . ..... ...... III II D"mmw OlkOFIRATIONS tLMAMMIS I LEB AddftMfW R!"Ift 5 :,, d w* "I ................. ......................... 'Me C*xtifi -49. mmV Ift aftod" 11 mom apm to m"ho CLAto holder is included a, Additional Insured U urx"r this Policy Only for the ndar the liability PoLlay. Cmm3rage is Pl-eftium has bsImn paid, This cmrtifiCatQ2P0nff0"d/suP@rvLzed activitiag of the , is 11sued an bqh&lf of UMU�winq -4 fox which a membmr Long Lake Rowing Crum Harihapirt County Water patrol 414 Sheraling. Dr. 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, AWWMno P19PRE"MrATNE IG3 C. RoRhrIt-/W!�p ---C� A(;0m 29 (201"1) 0 1NO-2014 AGORD —nr--J"A"U1N- Aff rights mmveI wsm.71-131. The ACORD n&We and top mrs registered fMrke Of ACORD 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 -TM MIL LAMLLFfflRLWJ .61M 11. 11 1 1111111111 ..... . . . ...... ....... if IfIlIffilf (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 MEn MCN ON AND INVOT WW UNKNOWNi HE NCHMARK M4&6. r0P Nut Oi HWrant wom Elev — 1011.4 Feet "Oe (NGVD '29) a no 40 gc� w m � C" WOR =ADM NO= AM Mom - -1 ��-W\ 0 .71f, A V. FFE- 1 C".40 msEmEw\-Tc)0q.80 i0l A 1A. ip -OIL FK,p po S e *, ?"v A t4m- 110TS 1018 qt 7070 N 1 0o R 9 'Rkr PFE-101= I AMBER WOODS '"CE qMEIVI IAkI 1 7 9n Resolution Exhibit A OKNO, MWNEW-A IMCM affir== iNWKZ-WB7 INC LPTNACAM" Wj,R&4545M Cf YiEfts 4 AMQC—JA Jv- _TEO "I Q qi 1,,� — — — — — — — — — --- — — — I AMBER WOODS '"CE qMEIVI IAkI 1 7 9n Resolution Exhibit A OKNO, MWNEW-A IMCM affir== iNWKZ-WB7 INC LPTNACAM" Wj,R&4545M 3898 00, N, 0 AMQC—JA _TEO qi 1,,� EX. Aw L DRNNAM PLANWW 04118 r 13 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