HomeMy WebLinkAbout09-14-2015 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh.
Representing Staff were Finance Director Ron Olson, Community Development Director Jeremy
Barnhart, Senior Planner Michael Gaffron, Public Works Director/City Engineer Adam Edwards, City
Attorney Soren Mattick, and Recorder Jackie Young.
Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Item Nos. 15, 18, 21, 23, 25, and 26 were added to the Consent Agenda.
Levang moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR CITY COUNCIL MEETING OF AUGUST 24, 2015
Levang moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of
August 24, 2015, as submitted. VOTE: Ayes 5, Nays 0.
*3. CITY COUNCIL WORK SESSION OF AUGUST 24, 2015
Levang moved, Cornick seconded, to approve the minutes of the Orono City Council work session
of August 24, 2015, as submitted. VOTE: Ayes 5, Nays 0.
PLANNING COMMISSION COMMENTS — REPRESENTATIVE BRUCE LEMKE
Lemke stated he had nothing to report but would be available for questions.
PRESENTATION
4. 2016 PRELIMINARY BUDGET INFORMATION
Finance Director Olson stated this is a preview of the preliminary 2016 Budget that will be adopted by the
Council at its next meeting in September. The final tax levy and budget will be adopted December 14,
2015, and public input is allowed at the December 14 meeting.
Olson stated the preliminary tax levy to fund the 2016 budget is $4,954,480, which is an increase of
$182,480 or 3.84 percent over last year's levy. A new levy item being added is a pavement management
levy, which is designed to provide funding specifically for road maintenance and is the City's first step in
providing long-term funding of city roads. The increase in the levy will not increase the overall tax rate,
which will continue to be one of the lowest tax rates in the state.
Page 1 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
4. 2016 PRELIMINARY BUDGET INFORMATION (continued)
The General Fund operating levy is exactly the same as last year. The City of Orono's tax rate has
remained fairly consistent. Since 2011, the average city in the state of Minnesota has increased their
taxes by 8.74 percentage points or slightly over $500,000 over what the City of Orono has done. From
2010 to 2015, Orono's tax increase has been the lowest with the exception of Spring Park. Olson noted
some of the cities during that time period, such as Medina and Wayzata, have experienced tax increases
of over 20 percent.
Olson stated based on the City's tax rate, if a residential property had no increase in value and their
property tax rate stayed the same, they would experience no increase in their taxes. If someone owned a
$250,000 house in 2014 and there was a three percent increase in the value, it would increase their
property taxes by $14 over the course of the year. On a $2 million home that increased by three percent,
this tax levy would result in an increase of $130. On the other hand, if a $250,000 home decreased in
value by three percent, their property taxes would go down by $14 per year.
Olson stated as it relates to the General Fund budget, it is important to note that the property tax levy is
not increasing. The City's total revenues are projected to increase 1.7 percent and are expected to come
from an increase in building permits. The line for total fines and forfeits is being decreased by 27 percent
due to the loss of some federal money from the Metro Drug Task Force. Olson noted there is a big
increase dollar -wise for public service charges for the cities that contract with Orono for police protection.
The City's expenditures are increasing by 1.7 percent, which is not a very big increase. A couple of big
items that are changing are elections, which are going up 66 percent due to 2016 being an election year.
Dollar -wise it comes out to approximately $16,000. Olson noted the City will be experiencing a 12
percent increase in charges for assessing by the Hennepin County Assessor's Office. A large portion of
the increase in the City's expenditures has to do with the police labor contract and employees' wages
increasing by $105,000 or 2.75 percent. Olson noted the total increase is less than the actual wage
increase being given to the police officers. In addition, street maintenance is going down by $74,000,
which is a result of moving approximately $40,000 from the General Fund into the Pavement
Management Fund.
Olson noted special projects and contingencies are showing an increase of 152 percent, which represents
the amount of money that would be available for raises and benefit increases for the nonunion employees.
At the present time none of the departments have a salary increase and that money has been added to the
contingency line. In October, when the Council discusses the compensation plan, a decision will be made
on how that money will be allocated. When discuss the compensation plan, can decide how that money
will be allocated.
Olson stated the City is required to certify its preliminary tax levy to Hennepin County by September 30.
McMillan noted the City Council will be voting on the preliminary tax levy in two weeks, and after
adoption of the preliminary levy, the levy cannot be increased. McMillan stated the levy can still be
decreased prior to adoption of the final levy at the December 8 Council meeting but it cannot be
increased.
Page 2 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
4. 2016 PRELIMINARY BUDGET INFORMATION (continued)
McMillan noted no public comments will be taken tonight on the preliminary budget but that the residents
can e-mail or call City Hall with their questions or comments. Public comment on the budget and tax
levy will also be allowed at the December meeting prior to adoption of the budget.
The City Council took no formal action on this item.
PUBLIC COMMENTS
Tom Haugan, 3585 Lyric Avenue, stated two weeks ago he wrote a letter to the Orono Police Department
entitled "My Pledge of Support to Local Law Enforcement." Haugan indicated he has been watching the
attacks and threats on police officers across the country, including what happened outside of the
Minnesota State Fair. Haugan stated while no direct attacks have been made against Orono Police
Officers, in his view these threats and attacks have had a negative impact on police officers in
communities and cities across the nation.
Haugan stated Orono City Officials have shown strong support for the Orono Police Department, which is
great, but that tonight he would like the Orono Police Officers to hear from an ordinary citizen. Haugan
stated he would like to read his letter.
"On August 29, 2015, Sheriff David Clark of Milwaukee County, Wisconsin, whom I greatly admire,
made an appearance on the Fox News television program, "Justice with Judge Jeannine." During this
appearance, he called for every law-abiding American citizen to stand up and begin pushing back against
the war on police officers. It is his call to action, in part, that I reach out to you today.
Firstly, I want to thank you and your officers for their service to this community. Recently I attended the
Orono Police Department open house and I was very happy to see the great new facility constructed for
the force and meet and shake hands with all police officers that attended. Know this, your service to this
community is greatly appreciated, and the respect and safety of you and your officers is of paramount
concern to me. When I see news reports that unfairly and dishonestly characterize law enforcement, I am
left frustrated and with a desire to somehow defend law enforcement or somehow set the record straight
though I lack capability to really do either.
In closing, Orono is a long way from Ferguson and Baltimore, both in distance and socioeconomic and
political makeup. However, should such a threat ever exist in Orono, I want you and your officers to
know that I offer my complete and unconditional support. I am an average man of modest means, but I
will do what I can and stand proudly for our men and women in uniform." Signed Tom Haugan, United
States Army, Airborne Infantry, Veteran and Patriotic American Citizen.
McMillan thanked Mr. Haugan for his letter in support of the police department.
Printup stated he appreciates Mr. Haugan's courage to read his letter publicly and that it encouraged him
to propose a resolution of support for the police.
McMillan stated it should be on the agenda in two weeks.
Page 3 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
PUBLIC COMMENTS (continued)
Fire Chief Van Eyll, Long Lake Fire Department, stated he would like to thank the City of Orono and the
City Clerk for doing a wonderful job with getting the permits ready for the Centennial.
Van Eyll stated he would like to invite everyone to the Centennial, which is scheduled for Saturday,
September 19. The parade starts at noon, with the festivities ending at the fire station.
McMillan noted the event starts at noon on Saturday and goes until the fireworks in. the evening.
Van Eyll stated the last band scheduled to play is Lost Highway and that the fireworks will occur shortly
after dusk.
PLANNING DEPARTMENT REPORT
5. #15-3733 SHARRATT DESIGN COMPANY, LLC, ON BEHALF OF JAMES AND
KATHLYN WYMAN,1185 FERNDALE ROAD WEST, VARIANCES — RESOLUTION NO. 6535
James Wyman, Applicant, was present.
City Planner Curtis stated the Wyman's plan to construct a two-story garage addition on the west side of
the existing home at a conforming setback. The new driveway extension to access the new garage
requires a setback variance from the wetland. The driveway is proposed to be constructed as close as 12
feet from the wetland where a 35 -foot setback is required.
At the August meeting, the Planning Commission held a public hearing and reviewed the application,
including public comments. The Planning Commission voted 5 to 1 to recommend approval of the
setback variance with the following conditions:
I . The applicant shall comply with all of the permitting requirements of the MCWD, specifically
the wetland, erosion control, and floodplain alteration rules.
2. The applicant shall comply with the recommendations of the City Engineer prior to placement on
the City Council agenda.
3. The applicant shall enter into an encroachment agreement with the City to address the existing
and proposed improvements within the sewer easement. A draft agreement will be provided to
you prior to the City Council meeting for review.
Staff recommends approval of the wetland setback to construct the driveway. Staff further recommends
the proposed grading plan be revised to provide stormwater volume mitigation on the northwest corner of
the proposed driveway improvements. Curtis noted the applicant has provided a revised plan today which
seems to address the comments of the City Engineer.
Council Member Cornick asked if there was an after -the -fact charge.
Curtis stated it is not an after -the -fact fee and that it is the standard fee.
Page 4 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
PUBLIC HEARING
Mayor McMillan opened the public hearing at 7:22 p.m.
There were no public comments regarding this application.
Mayor McMillan closed the public hearing at 7:22 p.m.
5. #15-3733 SAARRATT DESIGN COMPANY, LLC, ON BEHALF OF JAMES AND
KATHLYN WYMAN,1185 FERNDALE ROAD WEST, VARIANCES — RESOLUTION NO. 6535
(continued)
McMillan asked if the City has seen any stormwater mitigation.
Curtis stated it is basically showing that they will provide an equal volume swale to provide mitigation
and that they have submitted the calculations requested by the City Engineer.
Council Member Levang asked if Mr. Wyman has reached an agreement with Mr. Jackley, his neighbor.
James Wyman, Applicant, stated he spoke to Mr. Jackley on Thursday and that he indicated he received
the information from Ms. Curtis. After reviewing the information, Mr. Jackley stated he was in support
of the project and thanked him for addressing his concerns about drainage.
Levang stated she wanted to get that on the record because there was a prior question in an earlier
meeting that was raised.
Council Member Walsh stated at the Planning Commission meeting there were water issues discussed
and that last year there were a number of water problems throughout the City. Walsh stated it appears
that there were no prior issues before last year. Walsh asked whether that has been resolved to both
parties' satisfaction.
Wyman indicated that is correct.
Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6535 , a Resolution Granting a
Variance from Municipal Code Section 78-1605, for the property located at 1185 Ferndale Road
West. VOTE: Ayes 5, Nays 0.
6. #15-3738 KUHL DESIGN BUILD ON BEHALF OF JOHN AND CYNDY BOWLSBY,
1025 SPRING HILL ROAD, VARIANCES, AMENDMENT RESOLUTION NO. 6519
Curtis stated in June of this year, the Council approved lake setback variances in order to permit
construction of additions on the lake side of the home within the 10 -foot setback from Long Lake and
lakeward of the average lakeshore setback. A variance to permit construction of a pool within the 75 -foot
setback and ahead of the average lakeshore setback was denied.
The property owners are now requesting the approval be amended slightly. They are now proposing to
eliminate the previously proposed larger additions on the west end of the home and construct a smaller
addition in its place. Another 125 square foot addition is also proposed which fills in a jog in the lakeside
of the home to accommodate a kitchen bump out. The pool has been relocated to be completely beyond
all required setbacks.
Page 5 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
6. #15-3738 KUI1L DESIGN BUILD ON BEHALF OF JOHN AND CYNDY BOWLSBY,
1025 SPRING HILL ROAD, VARIANCES, AMENDMENT RESOLUTION NO. 6519 (continued)
Curtis illustrated the proposed changes to the plan on the overhead.
Staff recommends approval of the requested variances amending Resolution No. 6519. A notice for this
application was published in the local newspaper and the City Council should hold a public hearing and
then make a decision on the requested variances. If the City Council would prefer the Planning
Commission review the changes, the application could be tabled to their September 21 meeting.
1 SIJ .].11I :1A l latwl
Mayor McMillan opened the public hearing at 7:28 p.m.
There were no public comments regarding this application.
Mayor McMillan closed the public hearing at 7:28 p.m.
Walsh stated he is glad the applicants have relocated the pool behind the required setbacks and that he
does not have any issues with the proposed changes.
Levang moved, Printup seconded, to direct Staff to draft a resolution granting the lake setback
variances and to amend Resolution No. 6519. VOTE: Ayes 5, Nays 0.
7. #15-3763 CHRISTOPHER AND GAIL BOLLIS, 200 AND 350 STUBBS BAY ROAD,
PRELIMINARY PLAT — RESOLUTION NO. 6536
Senior Planner Gaffron noted at the August 10 meeting, the City Council reviewed this proposed
subdivision involving two tax parcels to create a new private road and seven new 2 -acre building lots.
The Council also heard from the residents of Kintyre Lane who indicated the lack of knowledge about the
possibility of their private road being extended has raised a variety of concerns which they needed more
time to consider. The Council voted 5-0 to direct Staff to draft a resolution for preliminary plat approval
and to bring it back before the Council in 30 days to allow the Kintyre Lane residents' time to consider
their options.
Gaffron stated the road design has been reviewed with Staff and the City Engineer. The applicants have
revised their plans and are now proposing to use surmountable curbs to control runoff. The road width
from back -of -curb to back -of -curb will be 30 feet, meeting the City's requirement for a road serving more
than ten homes. The applicant has indicated they will continue to refine the road design to incorporate a
rural section where possible.
The Council determined that the combined road length of just over 1,500 feet was a variance that could be
granted, especially since the fire chief indicated the size of the homes would likely require installation of
fire suppression sprinklers. In addition, the Council felt that a connecting road corridor to Stubbs Bay
Road was not necessary.
Staff has not heard from the Kintyre residents as to their desire for the future of the existing cul-de-sac but
they are here tonight to discuss that.
Page 6 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
7. #15-3763 CHRISTOPHER AND GAIL BOLLIS, 200 AND 350 STUBBS BAY ROAD,
PRELIMINARY PLAT — RESOLUTION NO. 6536 (continued)
Any future plan to revise or eliminate it would require City approval. The City Engineer is reviewing the
latest plans and will ensure an appropriate transition between the existing cul-de-sac and the new road
extension.
Also discussed at the last Council meeting was the septic setbacks, and the Council felt that the 50 -foot
setback from the wetlands would be acceptable and a variance to the wetland ordinance would be granted
to allow some mound systems to encroach within portions of the 75 -foot wetland buffers required by the
MCWD.
The developer has proposed a revised grading plan that includes future grading to establish individual
pads to establish "new existing grades" for house placement on all seven lots. The proposed pad grading
is intended to occur at the time individual building permits are issued. The applicant has been advised
that final plat drawings must indicate the demarcation between the road and drainage improvements and
the future building pad grading. The portion of the proposed grading plan that depicts future grading to
create individual building pads will be considered as establishing "new existing grades" for house
placement on all seven lots. The proposed pad grading will occur at the time individual building permits
are issued.
The Council generally indicated they were acceptable of the proposed landscaping plan that omits the
regular spacing of trees along the private road in favor of adding trees along the south border of the site as
a buffer to the existing Kintyre development.
The Council also indicated they found the lot width variances for Lots 4, 5, and 6 acceptable.
The existing septic system was also an issue that was discussed at the last Council meeting. The
Applicant had noted that the immediate disposition of the existing house on Lot 5 has not been
determined. The septic mound serving that house will end up being partly within Lot 5 and party within
Lot 4. The Council suggested that a limited -term temporary easement with specific triggers to require
removal of the system should be considered.
Staff recommends that an easement be prepared with the following conditions:
The easement shall expire and the system shall be removed, upon any one of the following
occurrences:
a. At such time that Lots 4 and 5 become separately owned;
b. At such time that a permit for home construction is issued for Lot 4;
C. At such time that a permit for home demolition or new home construction is issued for
Lot 5;
d. At such time that a permit for expansion of the existing home on Lot 5 is issued;
e. At such time that the existing system is found to be non-compliance and ordered to be
replaced;
2. Regardless whether any of the above has occurred, the easement shall expire and the system shall
be removed no later than two years after the date of filing of the plat with Hennepin County.
Page 7 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
7. #15-3763 CHRISTOPHER AND GAIL BOLLIS, 200 AND 350 STUBBS BAY ROAD,
PRELIMINARY PLAT — RESOLUTION NO. 6536 (continued)
Mr. MacKinnon has granted the required access easement for Outlot D and it has been recorded with
Hennepin County. It is Staff's understanding the applicant and the Kintyre HOA are close to finalizing a
cost share agreement regarding maintenance of Kintyre Lane. Gaffron noted the neighbors' attorney has
written and submitted a letter to the City that will likely be discussed tonight.
Orono's Community Management Plan has no current plans for parks that specifically require dedication
of park land from this property. The CMP further indicates that a future trail is proposed along Stubbs
Bay Road, connecting from a conceptual trail along the south side of the railroad corridor down to the
shore of Stubbs Bay. It is unknown at this time whether that trail will ever be completed, but a 10 -foot
trail easement along the west boundary of Outlot A would normally be required. The applicant has stated
in his view the easement is not necessary and Staff is in agreement with that.
Staff has prepared a resolution for preliminary plat approval incorporating general and specific conditions
of approval for Council consideration.
Walsh stated in regards to the septic system on Lots 4 and 5, there are no penalties if that system is not
removed as required and that in his view the resolution should contain language that provides some type
of sanctions, such as not issuing any building permits until it has been taken care o£.
City Attorney Mattick stated Staff can draft something to include some type of sanction.
Gaffron stated he likes the deal of restricting the building permits until it is taken care of.
McMillan stated she was thinking of going in the other direction and removing the two-year limit since
both properties are owned by the same party.
Walsh stated he is not worried about removing the two-year limit but that he would like some type of
penalty in there.
Gaffron stated Staff can remove the two-year limit and include a sanction or penalty.
Levang asked if road construction traffic will be off of Stubbs Bay Road rather than Kintyre.
Gaffron stated the language in the resolution states that "materials and equipment for the construction of
the extension of Kintyre Lane shall be accessed through Outlot A of Kintyre Preserve to Stubbs Bay Road
and shall not use the portion of existing Kintyre Lane for road construction access."
McMillan noted that is just for the road construction and does not apply to construction of the homes.
Levang stated she would like to know what the applicant feels about that.
Mayor McMillan opened the public hearing at 7:42 p.m.
Eric Miller, 195 Kintyre Lane, stated following the last Council meeting, they hired an attorney to look
into the facts and timelines associated with both the development, the content of relevant and recorded
documents, and what was disclosed and was not disclosed when they purchased their property.
Page 8 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
7. #15-3763 CHRISTOPHER AND GAIL BOLLIS, 200 AND 350 STUBBS BAY ROAD,
PRELE IINARY PLAT — RESOLUTION NO. 6536 (continued)
The goal was to understand the situation and whatever rights they have or what rights may have been
violated during that process. Miller stated they all made very large investment decisions based on the
information that was shared and they wanted to understand the situation.
Miller stated he and his wife, as well as Kristine Knorp, were sold lots at the end of a small cul-de-sac,
which is what they paid for, what they were sold, and what they want. The property owners at 125
Kintyre, even though they are not parties to the letter, also object to the road extension as well. After
reviewing the situation, Miller stated in their view they have some legal basis for their request, which has
been outlined in the letter that was submitted to the City. Miller stated since the road itself is owned by
the property owners and not the homeowners association, any easement to provide access to the road
would require their approval and at this point they are not inclined to provide it.
Miller stated the unfortunate thing is that this has an impact on the Bollis' but that they need to defend
their rights. Miller stated they would ask the City develop a solution to provide access to the property
that does not require an extension of their road.
Walsh asked if they have consulted with an engineer regarding the safety of the road.
Kristin Knorp, 180 Kintyre Lane, indicated they are still working on that component.
Mattick stated as he understands it, the attorney's objection is that members of Kintyre own an interest in
Outlot C, which terminates in the cul-de-sac. Mattick stated he does not dispute that since the documents
say that, but noted the documents also say that there is a public easement that has been recorded over the
outlot. Mattick stated the residents' attorney acknowledges in his letter that there is a public easement
over that area for road purposes. Mattick stated as a result of the recorded public easement, no further
permission is needed to construct the road since permission was granted before they purchased their
properties.
Mattick stated the mistake is to the north of the cul-de-sac where another separate outlot was created and
for which no easement was recorded. Mattick stated Mr. MacKinnon and his original investment group
continues to own that outlot and was not part of the sale. The City has been provided with a public
easement over that outlot for roadway purposes. Mattick stated the documents are of record and they
state that there is a public easement for road construction without the need for any future permission.
Miller stated he would request the City Attorney talk with his attorney on that issue and that his viewpoint
is different than that.
Mattick indicated he can provide his business card to Mr. Miller. Mattick stated he cannot speak to the
representations that were made to the residents at the time of purchase.
Mayor McMillan closed the public hearing at 7:49 p.m.
Christopher Bollis, Applicant, stated they felt it would be better to have the construction traffic coming
off of the existing driveway at 200 Stubbs Bay rather than having heavy equipment going down the road
and they are okay with that.
Page 9 of 39
MINUTES OF THE
ORONO CITY COUNCII. MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
7. #15-3763 CHRISTOPHER AND GAIL BOLLIS, 200 AND 350 STUBBS BAY ROAD,
PRELIMINARY PLAT — RESOLUTION NO. 6536 (continued)
McMillan asked whether Mr. Bollis has any comments about the septic triggers.
Bollis stated they are fine with the triggers and like the suggestion to remove the two-year limit. Bollis
stated if Lot 5 is owned by the same person as Lot 4 and they decided to construct a house in the location
of the house on Lot 5 and not build a house on Lot 4, the current language would require that septic to
disappear when it may never have to disappear.
McMillan asked how old the system is.
Bollis stated it is his belief the system was updated five years ago. Bollis stated he is fine with the other
language to eliminate it.
McMillan asked where the language regarding the trail is in the resolution.
Gaffron indicated the language regarding the trail is Item No. 16 on Page 4 of 11. The language talks
about no land for a public park is required and the Community Management Plan indicates the desire for :-i
future trail along Stubbs Bay Road, connecting from a conceptual trail along the south side of the
Burlington Northern railroad corridor down to the shore of Stubbs Bay. Whether this trail will ever be
completed is unknown but, however, for potential future trail needs a 10 -foot trail easement along the
west boundary of Outlot A will be required.
Gaffron stated he would strike the last two sentences of that paragraph after public roads.
Levang indicated she is fine with that.
McMillan asked whether the Council had any other thoughts on the septic issue.
Walsh stated he does not have a problem with removing the two-year time frame or the language
referencing ownership of both lots by one party. Walsh stated he would still like some type of sanction in
the event it does not get done.
Gaffron indicated Staff will draft some language that will address that.
Walsh stated not issuing a permit is probably the most painful.
Walsh stated he would like to make the point that the City is not the litigator if there are issues between
property owners. Walsh stated this weekend he attended his daughter's gymnastics party and that he lives
at the end of a cul-de-sac. Walsh stated if he had the understanding that that was what he bought, he
would not be very happy if it was proposed that the cul-de-sac now become a through road. Walsh stated
it puts the Council in an unenviable position of trying to resolve the issue, but it also underscores a future
issue for the Council to discuss, which is how important is it to have public roads versus private roads.
Walsh stated if they were public roads, it would be documented very well and the City probably would
not have these issues.
McMillan asked whether the Council should see this application back in two weeks.
Page 10 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
7. #15-3763 CHRISTOPHER AND GAIL BOLLIS, 200 AND 350 STUBBS BAY ROAD,
PRELIMINARY PLAT — RESOLUTION NO. 6536 (continued)
Gaffron indicated Staff can revise the resolution based on Council direction tonight and that it would be
up to the Council on whether they would like to see the resolution again.
Mattick stated if there is a motion to approve the resolution tonight, it should include direction to Staff to
strike the language that was previously discussed and adding an enforcement mechanism regarding the
septic site. Mattick noted this is a preliminary plat approval and that the Council will see it again at the
time of final plat.
It was the consensus of the City Council to proceed forward with the resolution.
Bollis asked if they will be striking the language under 2D on Page 10.
Gaffron noted that relates to an agreement with regard to road maintenance.
Mattick stated there is no direction from the Council to strike that at this point and that it is his
understanding the applicant is close to reaching an agreement.
Christopher Huntley, Attorney -at -Law, stated he represents the applicant. Huntley stated he concurs with
everything the City Attorney has said regarding the easement and that no additional rights need to be
granted. Huntley stated the one thing that was raised in the letter that might be an issue is the authority of
Mr. MacKinnon to grant any rights in this cost-sharing arrangement.
Huntley indicated they have been negotiating for three or four months and are close to an agreement, but
that it is all contingent on Mr. MacKinnon or his company having the authority to enter into an
agreement. The letter implies that they need the permission of all the property owners to the south.
Huntley stated that would essentially mean the homeowners to the south would be able to prevent any
future development because they could just simply not agree to the cost-sharing agreement, which would
basically end the discussion.
Huntley stated by essentially creating a precondition to the approval of the plat, it creates a situation
where the subdivision will not be approved. The Bollis' are fine with a cost-sharing arrangement to
resolve the issue, and if it is not a precondition, the property owners are much more likely to negotiate.
Mattick stated he concurs with many of the concerns Mr. Huntley has raised. At this point it has been
represented to the City that Mr. MacKinnon can enter into that agreement. Mattick stated he understands
there is something to the contrary that says he does not have the authority and that he cannot tell the
Council the status of the agreement.
Mattick noted this is preliminary plat and that the City will have time to review the agreement and get the
input of the residents prior to final plat. If the residents do not want a cost-sharing agreement, that can be
struck from the final plat documents. Mattick stated at this point he understands from Mr. Bollis and
Mr. MacKinnon that he does have the authority to sign the agreement. If it turns out Mr. MacKinnon
does not have the authority, the Council would then be faced with the decision of not requiring a
maintenance agreement.
Page 11 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
7. #15-3763 CHRISTOPHER AND GAIL BOLLIS, 200 AND 350 STUBBS BAY ROAD,
PRELIMINARY PLAT — RESOLUTION NO. 6536 (continued)
Mattick stated in his view it benefits everyone to spell out the cost sharing arrangement and maintenance
responsibilities and that he would recommend it stay in the preliminary plat resolution.
Levang asked if the City Attorney is basing that on the fact that there is a public easement for a road.
Mattick stated that is correct and that it was always felt that this road would be privately maintained.
Council Member Printup moved, Levang seconded, to adopt RESOLUTION NO. 6536, a
Resolution Granting Preliminary Plat Approval for a Class III Subdivision of Property Located at
200-350 Stubbs Bay Road North, with the last two sentences being stricken from Item 16 on Page 4,
with the understanding that materials and equipment relating to the road construction will come
off of the existing Stubbs Bay driveway, removing the two-year limit on the septic system located on
Lots 4 and 5, and including language stating that no permits will be issued until the septic system is
removed on those lots. VOTE: Ayes 5, Nays 0.
8. #15-3767 JON RESSLER, 3683 NORTH SHORE DRIVE, VARIANCES — RESOLUTION
NO. 6537
Curtis stated the applicant is proposing to construct an attached garage addition and make modifications
to the existing one -level home resulting a 2-1/2 story home. The additions will require side, lake and
average setback variances as well as hardcover and structural coverage variances.
The existing home is located as close as 35 feet to the ordinary high water level of Lake Minnetonka and
five feet ahead of the average lakeshore setback. With 1,781 square feet of structure on the property, it
currently exceeds the structural coverage limit by 281 square feet. The existing hardcover level is 54
percent and the proposal will result in a slight increase of 188 square feet or 56 percent hardcover.
Overall the applicant's proposal will reduce structural coverage by nine square feet.
The Planning Commission, at its August meeting, voted 5 to 1 in favor of a motion to approve the
variances as requested with the following conditions:
1. The applicant shall comply with the permitting requirements of the MCWD.
2. The top floor of the proposed home shall comply with the City's definition of "half story". No
height of number of stories variances are being granted.
3. The applicant shall comply with the recommendations of the City Engineer and Building Official
during the permit review and construction process.
4. Revised hardcover calculations shall be submitted to properly report the hardcover existing within
the 75 -foot setback. The applicant has provided those revised calculations.
Planning Staff recommends approval of the application and a draft approval resolution has been provided
for the Council's consideration. The City Council should hold the public hearing and then consider
adopting or denying the resolution.
Page 12 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
PUBLIC HEARING
Mayor McMillan opened the public hearing at 8:06 p.m.
There were no public comments regarding this application.
Mayor McMillan closed the public hearing at 8:06 p.m.
8. #15-3767 JON RESSLER, 3683 NORTH SHORE DRIVE, VARIANCES — RESOLUTION
NO. 6537 (continued)
Walsh noted the Planning Commission had raised the amount of massing on the property and asked
whether any of the neighbors have commented on the application.
Curtis noted the neighbors on both sides of the subject property did submit written comments that were
included in the Planning packet.
McMillan asked if they will be using the existing foundation and framing.
Jon Ressler, Applicant, stated due to their research, it was determined that the existing foundation and
structure is sufficient to hold the weight of the second story. The foundation was largely rebuilt in 1999
and at that time there were no real changes necessary for reconstruction. Ressler stated in their view the
foundation is sufficient but this is the first step in finding that out.
McMillan noted the City at times in the past have required a report from a professional engineer and
asked whether that would be required in this situation.
Curtis stated the building official will want documentation that the foundation is suitable for the structural
load that it will be carrying, but essentially the applicant can rebuild this home in kind without evidence
of that information. If the applicants were to take out the entire structure and rebuild the foundation, they
would be able to do that.
McMillan asked if they would be limited to one story.
Curtis indicated they would be able to rebuild the house as it currently is but they would be required to
apply for a variance if a second story is added.
Levang stated she is concerned given the number of variances being requested. Levang stated the side
setbacks are very narrow and that she is concerned about safety in relation to a fire. Levang stated the
ability to be able to back out of the driveway is important but that 56 percent hardcover is a huge amount.
Levang stated the applicants are constructing a big house on a small lot and that she is concerned about
the massing.
Ressler pointed out there are two other homes on the road that have done similar projects as what he is
proposing with similar setbacks and similar variances. Ressler noted the house depicted on the left was
remodeled a few years ago and is even closer to the property line. This project will be improving the side
setback from what it currently is.
Page 13 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
8. #15-3767 JON RESSLER, 3683 NORTH SHORE DRIVE, VARIANCES — RESOLUTION
NO. 6537 (continued)
In addition, the overall footprint of the structure will be decreased and that in their view the impact will be
improved since the garage will be attached and they are not requesting a height variance.
Walsh stated this is a difficult lot but that two other homes on the road have done similar projects. Walsh
stated he is glad the applicant has reduced the footprint somewhat and that in his view the applicant has
done the best he can with a very small lot.
Levang stated she is not sure whether these small lots were intended to have such big homes on them and
that the two neighbors' homes will be dwarfed. Levang stated she is not sure how that will impact the
neighbors' light and view.
Ressler noted they have received letters of support from the neighbors.
McMillan stated if they were constructing a new home from scratch, they would not be allowed the
structural coverage and average lakeshore setback variances. McMillan stated in her view a house could
fit in there without two of the variances.
McMillan noted if the applicant constructs the 1-1/2 story, they would actually be gaining more square
footage than if they construct a new house. McMillan stated she is using the tear-down/build over as the
comparison piece to see what this lot can sustain. McMillan stated the two variances she is struggling
with are the average lakeshore setback and the hardcover and how to mitigate that. McMillan stated
everybody else in Orono who has the space is not allowed to construct 35 feet from the lake and must be
beyond the 75 -foot setback. McMillan stated there has to be a balance between that and what is being
requested and how much massing should be allowed.
McMillan stated in the past the City has required people to conform to the average lakeshore setback and
push the second story out of that area. McMillan stated she is looking for compromises and that in her
view pulling it out of the average lakeshore setback would be a possibility even though it might make for
a more difficult design. McMillan stated she is struggling with the idea of maxing out the square footage
of this lot and that it would not be allowed if the house was torn down and rebuilt.
Ressler stated it would be impossible to rebuild on that lot without variances.
McMillan stated it is a matter of how many variances should be granted.
Walsh noted this is not new construction and that the applicant will be adding a minor second story,
which will make it a better house. Walsh stated they are not asking to build a boathouse.
Levang asked what will be in the average setback.
Ressler indicated it will be a covered porch.
Levang asked what would happen if that went away or whether it could be pulled back.
Ressler stated he is not sure that will benefit the neighbors since their homes are basically facing the other
direction. Ressler stated the neighbor has a deck that is within the average lakcshore setback.
Page 14 of 39
NIINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
8. #f15-3767 JON RESSLER, 3683 NORTH SHORE DRIVE, VARIANCES — RESOLUTION
NO. 6537 (continued)
Levang stated the City Council has the responsibility to have the lot as conforming as possible, and if that
would eliminate one variance by pulling it out of the average lakeshore setback, it would help her be able
to approve the application.
Curtis stated removal of the covered porch or the deck above the existing home footprint would probably
help reduce some of the massing.
Levang stated an open deck rather than a structure with a roof would help reduce the massing.
Walsh asked what that would accomplish.
McMillan stated a lot of times the roofline will cast shadows or block the neighbors' view or give the
appearance of more massing. McMillan noted the City has required rooflines to be removed out of the
average lakeshore setback in the past.
Walsh stated he is simply building on top of existing hardcover.
McMillan stated this would be structure within the average lakeshore setback.
Printup indicated he is okay with the proposal and that the natural thing to do on a small lot is to go up.
Printup stated he can also see the value of not creating massing on a small lot but that the current structure
is already in the 75 -foot zone.
Curtis noted the deck would be smaller than what is currently there.
Walsh stated the applicant is not doing anything different other than going up.
McMillan stated they are intensifying the structure in the 0-75 foot zone.
Walsh stated he is in agreement with that.
Levang asked if the brick patio will remain.
Ressler stated they have not really discussed the patio, but if the Council feels it would be helpful to
reduce it, they would consider it. Ressler indicated they will be removing a concrete pad that has been
there since the 1960s.
Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6537, a Resolution Granting
Variances from Orono Municipal Code Sections 78-350, 78-1279, 78-1403, 78-1680 and 78-1700, for
the property located at 3683 North Shore Drive.
McMillan noted she will not be voting in favor of the resolution since it will increase the massing on a
small lot, which will create a tunnel effect and shade the neighboring properties.
Cornick asked if the changes proposed by the Mayor would be acceptable.
Page 15 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
8. #15-3767 JON RESSLER, 3683 NORTH SHORE DRIVE, VARIANCES — RESOLUTION
NO. 6537 (continued)
Ressler stated it is difficult to answer that on the fly and that he is the third generation to own the
property. Ressler stated he grew up in this house but that it needs to be changed to accommodate their
needs. Ressler stated it is his position the second story will not really have any impact on the neighbors.
VOTE: Ayes 3, Nays 2, Levang and McMillan Opposed.
9. #15-3768 MICHAEL AND LISA LARSON, AMEND B-1 USES TO ALLOW DOG
KENNELS/DOG DAY CARE
Michael and Lisa Larson, Applicants, were present.
Barnhart stated the applicants are proposing an ordinance amendment that defines dog boarding, daycare,
and grooming and allows those uses as a conditional use permit in the B-1 zoning district. Kennels,
though not defined by the ordinance, are a conditional use permit in the B-5 zoning district. All kennels
require an annual license approved by the City Council.
Barnhart stated Staff did look at surrounding cities and found that Minnetonka allows kennels as an
interim use in some of their residential zones but has lot size, screening, and licensing requirements.
Plymouth also allows indoor kennels in some of their commercial districts as a permitted use and as a
conditional use in their industrial district. Kennels are a conditional use in Wayzata's commercial zoning
district.
In anticipation of the ordinance being approved, the applicants have submitted an application for a
business which would meet those definitions for a building on Shoreline Drive in Navarre. That
application will be reviewed by the Planning Commission at their September meeting.
In addition, at their August meeting, the Planning Commission reviewed two ordinances, one prepared by
the applicant and another more general one prepared by Staff. The Planning Commission favored the
more specific one, noting concerns of unintended impacts to neighboring properties. The Planning
Commission recommended approval of the ordinance prepared by the applicants. Planning Staff also
recommends approval.
PUBLIC HEARING
Mayor McMillan opened the public hearing at 8:28 p.m.
Rick Meyers, 2195 Bayview Place, stated he read in the paper that it would be up to 80 dogs. Meyers
asked if that is correct.
Page 16 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
PUBLIC HEARING (continued)
Barnhart stated he is probably referring to the public hearing notice on the specific application that has
been submitted and that the number of dogs would be based on the amount of parking and size of the
building.
Meyers stated the property is in a commercial district but it abuts a residential neighborhood. Meyers
asked if the 80 is a general number for approval or whether that is what is being requested.
Barnhart noted the application tonight is a text amendment and that there is an application in process that
will be reviewed by the Planning Commission that indicated there could potentially be up to 80 dogs in
this location. The applicants would also anticipate some outdoor activity. Barnhart stated the 80 number
is independent of this request.
Meyers stated the outdoor portion is in the back of the building which would face the neighborhood.
Meyers indicated there is a dog that lives there that barks every time another dog walks by and that he can
imagine the amount of barking that will occur if there are dogs outside the building on Shoreline.
Meyers stated he has been to dog kennels before and that it can be done, but in his view it would be good
to look at the Odogo facility, which is located in a commercial district. Meyers stated in his view 80 dogs
in this particular building would be a lot.
McMillan asked if it in a warehouse district.
Meyers indicated they have a facility off of Baker Road and are constructing another one near Ridgedale
but neither one is close to a residential area.
Walsh stated children's daycare is very specific and that in his view the City can get a little more specific
on the definition of dog boarding and dog daycare. Walsh stated Staff may need to refine the definitions
further.
Barnhart stated he does not disagree with those comments but that he is not sure if those specifics should
be included within the definitions.
Walsh stated if it was known what amount of land would be required outside of the building, they could
lay out the requirements better.
Meyers stated if the outdoor area is on the east side, it would be more toward the residential area, and on
the west side it would be toward the commercial area. Meyers stated the City should look at this
application carefully and perhaps see whether there have been complaints with similar businesses in other
cities.
Mayor McMillan closed the public hearing at 8:33 p.m.
Page 17 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
9. #15-3768 MICHAEL AND LISA LARSON, AMEND B-1 USES TO ALLOW DOG
KENNELS/DOG DAY CARE (continued)
Michael Larson, Applicant, stated the intent is to primarily run the business indoors and that they are
planning to have 35 suites indoors. Larson stated the 80 number comes from adding the maximum
number of overnight guests along with the potential of 35 daycare dogs. Larson indicated they plan to
dedicate 1,000 square feet of indoor play space and that the dogs will primarily be indoors.
Larson stated the outdoor play space would be located in the northwest corner of the building so it will be
as far from the residential properties as possible. The dogs' outdoor relief area will also be along the west
side of the building. Larson stated they anticipate 10 to 15 dogs outside at any given time and that the
outdoor play area would only be used for a few months during the summer weather permitting.
McMillan asked if the outdoor area would be grass.
Larson stated they would be installing a synthetic turf called Canine Grass, which is an artificial turf that
is similar to what is seen on a professional sports field, and would have crushed limestone beneath.
Larson stated the product is very sanitary.
McMillan stated she thought that would be parking lot and that she is not sure how there is enough space
for an outdoor play area.
Larson stated the proposed parking will be located in the back of the building and the entrance to the
building would be relocated to the Blaine Avenue side.
McMillan asked if he anticipates there being a lot of barking.
Larson stated the building is cinderblock and will be insulated. In addition, the latest in sound mitigation
technology will be utilized as well. Larson stated he was in conversation with a veterinarian located two
doors down and their building does not have air-conditioning. The veterinarian indicated they have dogs
barking all the time and they have never received any complaints. Larson stated they will attempt to keep
the dogs indoors as much as possible.
Barnhart noted the definition proposed tonight is for an indoor kennel and that an outdoor kennel would
not be allowed.
Cornick asked if cats and other animals would not be allowed.
Barnhart stated the ordinance is basically written for dogs in mind with the exception of pet grooming.
Walsh asked if other cities have been contacted to see whether they have experienced any problems with
this type of business. Walsh stated since this is a new concept in Orono, he is worried about unintended
consequences.
Barnhart stated the use is new in Orono, which is why Staff felt more comfortable proceeding with a
conditional use permit. Barnhart stated he expects this business use will have some negative impacts as
most businesses do, such as noise, and the conditional use process would allow the City to address those
types of issues.
Page 28 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
9. #15-3768 MICHAEL AND LISA LARSON, AMEND B-1 USES TO ALLOW DOG
KENNELS/DOG DAY CARE (continued)
McMillan stated this is a larger scale operation than a typical dog kennel business and that she does not
know anything about the economics of dog daycare. McMillan stated she is concerned about having the
appropriate space for a large number of dogs.
Barnhart stated that then raises the question of what is the maximum number of dogs, but in his view it
should not be included in an ordinance.
Walsh stated the conditional use permit would provide some restrictions, but once it is allowed, it is
allowed.
Barnhart noted the licenses are reviewed annually.
Levang stated the City Council is being asked to consider the ordinance amendment tonight and that the
conditional use permit would be vetted by the Planning Commission as well as the Council. Levang
stated the Planning Commission thoroughly reviewed the draft ordinance and that she is comfortable with
the ordinance.
Walsh stated he was in attendance at the Planning Commission meeting and that he also thought they did
a good job vetting the application. Walsh stated there likely will not be more than one dog daycare
business in the City but that he does not know enough about issues other cities have experienced. Walsh
stated his experience with kennel facilities is that there is constant barking.
McMillan stated she does not know a lot about urban dog kennels or boarding but that she is okay with
the dog grooming piece. McMillan stated she is concerned with the number of dogs as well as the lack of
space between the outdoor play area and the residential. McMillan stated she would need more
information about the daycare and boarding but that she is okay with the dog grooming. McMillan noted
some vets will board a dog overnight to take care of it, which is fine, but that this will be a more active
business.
Walsh stated he also does not have an issue with the dog grooming.
Mattick asked if the concern is about the underlying use with the dog daycare and boarding aspect or the
unknown performance standards.
Walsh stated there are too many unknowns. Walsh stated he would not want his dog indoors for five days
and that in his view they need some outdoor time. Walsh stated there should be some type of buffer
between a residential area and this type of business since common sense tells someone there will be noise
and the need for some type of buffer.
Mattick asked if it would be helpful for Staff to bring back some type of noise or sound mitigation
recommendations. Mattick noted there is a request for a conditional use permit coming before the
Planning Commission this month. Mattick stated the questions is whether the Council is willing to allow
dog boarding and dog daycare or whether they are opposed to it.
Page 19 of 39
MINUTES OF THE
ORONO CITY COUNCH. MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
9. #E15-3768 MICHAEL AND LISA LARSON, AMEND B-1 USES TO ALLOW DOG
KENNELS/DOG DAY CARE (continued)
McMillan stated it is difficult to place performance standards without knowing more about dog daycare
and that she would hate to get into a situation where the City approves something and the City receives a
number of complaints.
Levang noted the map shows that they own the whole lot down to Lyric, which would mean there really
are only a couple of businesses in the general area.
Barnhart illustrated the lot and the surrounding neighborhood on the overhead.
Levang noted the nearest neighbor is located at the back corner of the building and that this is not a heavy
residential area and is more commercial.
McMillan stated dog barking can travel, which would be a concern.
Printup stated it would be an intensified use of this area but that there is a county road in the area as well.
Cornick asked if he is anticipating 12 new jobs.
Larson indicated he is.
Comick asked if there would be someone there 2417.
Larson stated not initially but probably by year two there would be.
Cornick asked if there would be somebody available at 1:00 in the morning if the City received a
complaint about dog barking.
Larson stated in his view dog noise traveling outside the building would be highly unusual given the
sound mitigation they will be doing to the building. Larson stated their business plan also calls for small
dogs.
Cornick asked what the normal business hours would be.
Larson stated typical lobby hours would be 7 a.m. to 7 p.m.
McMillan asked how often the dogs would be outdoors.
Larson stated relief time would be rotated in groups of eight to ten over the course of the day and that the
outdoor play area would be limited to 15 dogs at a time and the dogs would be rotated through the day.
Larson noted the outdoor play area would only be used for a few months.
Barnhart stated he has heard some concerns regarding the number of dogs and that he would suggest
tabling the application to allow Staff to talk to other cities and then come back on September 28 with that
information.
Page 20 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
9. #15-3768 MICHAEL AND LISA LARSON, AMEND B-1 USES TO ALLOW DOG
KENNELS/DOG DAY CARE (continued)
Barnhart stated in the meantime, the Planning Commission will be reviewing the conditional use permit
application and would need to make a recommendation subject to the ordinance being approved.
McMillan asked if the neighbors would be notified.
Barnhart stated the neighbors would be notified because a conditional use permit is being requested.
Walsh stated he would like the names of the communities so he could perhaps speak to some of the
neighbors.
Cornick noted on Page 1 of 2, Section 2, it goes to Section 86-644. Cornick asked if that should be
78-644.
Barnhart stated he will correct that.
Cornick moved, Levang seconded, to adopt the proposed Ordinance Amending the Orono
Municipal Code By Amending Section 78-1 Regarding Definitions and 78-644 Regarding Dog
Grooming and Spa Services. VOTE: Ayes 2, Nays 3, Walsh, Printup and McMillan Opposed.
MOTION FAILED.
Walsh moved, Printup seconded, to table Application No. 15-3768, Michael and Lisa Larson,
Amend B-1 Uses to Allow Dog Kennels/Dog Daycare. VOTE: Ayes 5, Nays 0.
(Recess taken from 8:56 p.m. to 8:59 p.m.)
10. #15-3771 JULIE LENSING, 3349 CRYSTAL BAY ROAD, VARIANCE — RESOLUTION
NO. 6538
Julie Lensing, Applicant, was present.
Curtis stated the applicant is proposing to construct additions over the existing home. One addition is
proposed to be constructed on top of the open, roofed stoop, and the other addition above an existing
lakeside family room bump -out to accommodate a master bedroom and bath addition on the level above
the family room on the lakeside of the home. The applicant has requested a lake setback and an average
lakeshore setback variance in order to construct the additions.
The existing home is three levels, which includes a tuck -under garage. According to current codes, based
on the existing first floor elevation and existing grades, the lowest level is defined as a story. In addition,
the third story of the home does not meet the half -story definition. As a result, in order to expand the
square footage of the conforming third story as requested, a variance is required.
Page 22 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
10. #15-3771 JULIE LENSING, 3349 CRYSTAL BAY ROAD, VARIANCE — RESOLUTION
NO. 6538 (continued)
The Planning Commission at its August meeting held a public hearing and voted 6 to 0 to recommend
approval of the application with the following condition:
1. Submit revised hardcover calculations shall be submitted to properly report the hardcover existing
within the 75 -foot setback and the lot area. Revised calculations have been submitted by the
applicant.
Planning Staff recommends approval of the variances as requested. A draft approval resolution has been
provided for Council's consideration. The Council should hold a public hearing tonight and consider
adopting or amending the resolution.
Mayor McMillan opened the public hearing at 9:03 p.m.
There were no public comments regarding this application.
Mayor McMillan closed the public hearing at 9:03 p.m.
McMillan noted Staff's report states that the City's definition of half -story changed since the original
resolution.
Curtis stated the City's definitions regarding half story and basement has changed over time and that she
is not sure what exactly was in place at the time. Curtis stated what is on the properly currently is not
conforming.
McMillan asked if there was a half -story definition at that time.
Curtis stated to her knowledge it was more of a definition for a basement and that this is intended to be a
two-story home with a tuck -under garage. Curtis stated she is aware the regulations have changed over
time but that she does not know exactly what was in place at the time of the original resolution.
McMillan indicated she did visit the property but that she did not go behind the house and that she is not
sure whether there are windows back there.
Curtis stated the amount of exposure around the foundation for the lowest level is what it comes down to
and that the back portion of the house near the property line is in the ground but the other two sides and
front are more exposed.
McMillan asked whether there are any bedrooms on the lower level.
Curtis stated the applicant would need to speak to that.
Levang stated from the back it appears to be a 3 -story house.
Julie Lensing, Applicant, stated from the back, it does appear to be three stories and there is one large
window on the lower level.
Page 22 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
10. #E15-3771 JULIE LENSING, 3349 CRYSTAL BAY ROAD, VARIANCE — RESOLUTION
NO. 6538 (continued)
From the garage, there is a 3 -step rise which enters the lower level and there is a bathroom with no
windows and basically a study with no closet down there. Lensing indicated there is one large window
down there which is even with the yard.
Lensing stated what she is attempting to do with the addition is to remove the curved windows up at the
top. There currently is a vaulted ceiling there and that she is proposing putting a floor right at the top of
the three windows with a master bedroom and bathroom up on top. The laundry room is located currently
in the garage, so a laundry room will be added inside the house. Currently the home has three bedrooms,
with one bedroom on the main floor and two bedrooms on the upper level. Lensing stated she is not
increasing hardcover or structural coverage and that it would be very similar to the other homes in the
neighborhood.
Walsh stated he is familiar with some of the homes in the neighborhood and that they are similar to this
home.
McMillan noted the structural coverage is conforming currently and that the applicant is not proposing to
go over that.
Lensing stated her options are limited and that she is not able to go out to the side. Lensing stated she
would like to add another bedroom to accommodate her children.
McMillan noted the side setbacks are conforming with the exception of the south setback. McMillan
stated there is an average lakeshore setback variance as well for this property and that the house next to
this house is a one-story. McMillan expressed concern about this addition towering over the neighboring
house more than what exists today.
Lensing stated she did speak with those neighbors and that they are in support of the project. Lensing
stated they do not have much of a view from the side and that they spend most of their outdoor time on
the deck located above the garage, which would not be affected by this project.
McMillan stated the only thing she is struggling with is the average lakeshore setback variance and that
due to the fact the story definition was changed in 2000, she does not expect compliance with the story
definition by this applicant. McMillan stated she is looking at ways to perhaps mitigate the average
lakeshore setback.
Levang asked how many feet the portion in pink comes out.
Curtis indicated it is two feet and would be similar to the bump -out above the garage. Curtis displayed a
sketch of the front of the house showing the bump -out.
McMillan asked how much higher the roof is going.
Curtis indicated it would be lower than the existing gable.
Levang asked if the home is nine feet into the average lakeshore setback.
Page 23 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
10. #15-3771 JULIE LENSING, 3349 CRYSTAL BAY ROAD, VARIANCE — RESOLUTION
NO. 6538 (continued)
Curtis indicated it is.
Levang asked if the house to the east is approximately the same to the lake.
Lensing state the home on the west is basically the same except their deck extends out further.
Walsh stated in his view she has done a good job of designing the addition.
Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6538 , a Resolution Granting
Variances From Orono Municipal Code Sections 78-1, 78-350, and 78-1279, for the property
located at 3349 Crystal Bay Road. VOTE: Ayes 5, Nays 0.
11. #15-3772 ROBERT MILLER, 60 SMITH AVENUE, VARIANCES — RESOLULTION NO.
6539
Robert Miller, Applicant, was present.
Gaffron stated the applicant is requesting front yard and side yard setback variances in order to construct
a second story addition over the existing residence, plus a one-story mud/laundry room and attached
garage. The lot consists of 0.84 acre in a 2 -acre zoning district. The two variances being requested are a
front yard setback and a side setback variance.
Gaffron illustrated the layout of the house and property on the overhead.
The existing house is located approximately 33 feet from the street lot line where a 50 -foot setback is
normally required. The covered front entry will be slightly relocated at 29.2 feet from the front lot line.
The garage and mudroom will be approximately 38 feet from the front lot line.
At the north end, the house will maintain the existing 17.5 foot side setback where 30 feet is required. At
the sound end, the existing conforming detached garage located 3.2 feet from the side lot line will be
removed, to be replaced with an attached garage at 10.1 feet from the side lot line where a 30 -foot setback
is required. Gaffron noted the two neighboring homes also have substandard setbacks.
Gaffron displayed photographs of the home and proposed designs.
Gaffron stated the existing home is proposed to be expanded to include a second story over the existing
story and porch, plus a one-story mudroom/laundry room and attached single -story garage with attic
storage. The front setback of approximately 30 feet will remain generally the same, although additional
structure will be added to the south of the house 35 to 40 feet from the street.
At the August Planning Commission meeting, the two adjoining neighbors expressed concerns regarding
the impact of the second story addition on the character of the existing neighborhood. The Planning
Commission voted 5-1 to approve the hardcover variance subject to providing additional vegetative
screening to the adjacent properties.
Page 24 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
11. #f15-3772 ROBERT MILLER, 60 SMITH AVENUE, VARIANCES — RESOLULTION NO.
6539 (continued)
Planning Staff recommends approval of the setback variances. It should be noted that the left side setback
is not decreasing. The front setback is only minimally changing due to shifting of the entryway. The
right side setback to the new attached garage, while moving forward from the existing detached garage, is
set back from the adjoining residence approximately the same distance as the existing detached garage
due to the angling of the homes relative to the side lot line.
Staff would also note that the existing vegetative screening along the left side exists almost entirely within
the neighboring property at 40 Smith. Gaffron stated requiring the applicant to provide additional
screening to visually buffer a second story that is no closer than the existing first story is not a common
request and Staff would ask the Council to consider whether there are really any negative visual impacts
to that adjoining neighbor.
On the east boundary, a row of existing bushes provides screening to the adjoining neighbor at 80 Smith
from the proposed attached garage location. These bushes appear to be on applicant's property. To the
extent that these bushes can be saved during construction, Staff questions the need for additional
screening. If the bushes are destroyed during construction, then equivalent screening should be replaced.
Staff has drafted an approval resolution that requires replacement of any existing vegetative screening that
is damaged or destroyed during construction. This condition can easily be modified at the discretion of
Council.
Mayor McMillan opened the public hearing at 9:25 p.m.
TJ Bonnett, 40 Smith Avenue, stated they do not have any problem with the actual plan itself but that in
their view it should be built on a 2 -acre property. Bonnett stated they feel the proposed project will
impose on them and cause them to lose their privacy. Bonnett stated they would request the City Council
look at other options for the project.
Mrs. Bonnett stated all the variances being requested is the issue rather than one single variance.
Walsh asked what they see as the biggest issues with the variances.
TJ Bonnett stated the main issue is the fact that there will now be a second story. Bonnett stated they
have a small view of a dormer and that they will have a view of a second story after this project is
completed.
Bonnett displayed a picture of another residence with a second story next to a one -level home. Bonnett
stated that is basically what is being proposed in this case and that the home will be made quite a bit
larger. Bonnett asked if the home would be 10 or 13 feet higher.
Gaffron indicated he has not looked into that. Gaffron stated the home does meet the City's height
requirements.
Walsh asked if the second story would be next to the garage.
Page 25 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
11. #15-3772 ROBERT MILLER, 60 SMITH AVENUE, VARIANCES — RESOLULTION NO.
6539 (continued)
Bonnett indicated it would be.
Walsh noted in addition to the side setback, there would be some hedges and the garage that would help
mitigate that.
Bonnett stated the hedges are near the end of their life and that the pine tree is dying. Bonnett stated he is
not sure how the architect can say there is adequate screening.
McMillan stated it is difficult to screen a second story.
Bonnett stated he agrees with that but that they are looking for some type of screening.
Levang stated the lilac bushes will probably not provide much screening.
Bonnett stated it is his understanding the garage will be in the area of the lilacs. Bonnett stated they are
basically looking for a little less massing on the property.
Levang commented it would look different if the home was in the middle of the lot but it is off more to
one side of the property.
McMillan noted a number of these homes existed prior to the 2 -acre zoning and that the Bonnett's lot is
close to two acres but their home is close to the side setback.
Bonnett stated it was the City's hope that these lots would be combined but they weren't and now larger
homes are being built on the lots.
Ryan Blackwell, 80 Smith Avenue, stated their concern with the proposed project is the height for both
the main structure and the garage. The structure will be quite large given the actual useable space on the
property. Blackwell stated as far as the side setbacks are concerned, there will be 18 feet on the Bonnett
side and 10 or 11 on his side. Blackwell stated in his view it is excessive to increase the size by 10 feet
on a house that already has a second floor over a portion of the house and that he would ask the Council
to consider the side impacts on both neighbors.
Blackwell stated in his view he is less impacted than the Bonnett's since they are on the garage side of the
expansion but that the proposed garage height will be 21 feet. Blackwell stated he would request that any
vegetation that is damaged or removed be replaced with something similar.
Blackwell noted the street is a dead-end and fairly narrow and that during the construction process he
would ask for consideration about parking on the street and allowing cars to pass.
Rob Miller, Applicant, stated as it relates to the size of the home, they are working within essentially the
same footprint of the house and that the house will be no wider than what exists now. It will still be 40
feet wide and the only piece that is coming out is the component in the front. In addition, the footprint on
the main level is just over 1,100 square feet and the second story will bring it up to 2,250 square feet.
Page 26 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
11. #15-3772 ROBERT MILLER, 60 SMITH AVENUE, VARIANCES — RESOLULTION NO.
6539 (continued)
Miller stated this is not a large house and it will not be looming or encroaching any further than where it
is right now. Miller indicated they also attempted to limit the impact to the side and angled the roof in to
minimize the looming nature of the home.
Miller stated they would be happy to replace any screening that gets damaged with like screening but that
they do not feel the design or scale of the house is out of character with the neighborhood since there are
currently homes that range from a few thousand square feet up to 6,000 square feet.
McMillan asked if the height of the ceilings will be raised on the first story.
Miller stated the main floor currently has 8 -foot ceilings and that they are raising them to nine feet.
McMillan asked if they will be tearing it down to the foundation.
Miller stated they will be using the existing foundation.
Lon Oberpriller, Replacement Housing Services, stated they are the builder on the project. The intent of
the project is to keep as much of the first floor as possible, including the basement. The basement is not
fully excavated. Oberpriller stated he went through and checked all the tax records and pulled the square
footages of the homes in the neighborhood. A report has been put together to respond to the Bonnett's
concerns that were expressed during the Planning Commission meeting.
As far as the overall construction of the home, the existing residence is a traditional colonial design and
there are a couple similar homes on Lyman. Oberpriller stated this home is not out of precedent or
character for the neighborhood in any way, shape or form. The intent is not to over scale anything and the
total footprint of the structure is less than 2,900 square feet, including the basement. Oberpriller stated in
his view this is not excessive and will consist of three bedrooms and two bathrooms.
Oberpriller stated they have also been very careful to preserve the actual side setback of 17 feet and have
pulled the garage forward. The garage will still be ten feet off the property line. The neighbor next door
is at 13 feet and Mr. Bonnet's garage is 11 feet. Oberpriller noted they are totally consistent with the side
yard setbacks and that they have tried not to encroach any further.
Oberpriller stated his client would like an attached garage with a mudroom, which is common with this
type of investment.
McMillan stated the attached garage does not appear to be an issue from what she is hearing from the
neighbors. McMillan noted she lives on Lyman Avenue and most of Lyman is newer 2 -acre lots.
McMillan stated this is an old section of Orono and that this house was probably originally built in the
1950s. McMillan stated city sewer was installed in this area in the early 2000s since a number of the lots
did not have room for anew septic.
McMillan stated the question for the City Council is what the proper setbacks should be and that the main
concern of the neighbors was the second story.
Page 27 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
11. #15-3772 ROBERT MILLER, 60 SMITH AVENUE, VARIANCES — RESOLULTION NO.
6539 (continued)
Oberpriller stated he is very familiar with the issues relating to the side setbacks and that they are
sensitive to that. Oberpriller stated they tried not to over scale the house either from a side yard or
encroachment point of view. Oberpriller stated they are not able to do anything about the current setbacks
outside of tearing the existing structure down, which is not economically viable in this case.
McMillan stated she understands the desire for a functional second story but the big question is the
vertical massing and the impact that will have on the neighboring structures.
Curtis displayed pictures of the property and neighboring lots.
McMillan asked how this project will impact the neighbor's deck.
Oberpriller noted the garage will be pulled forward and that the picture on the overhead was taken from
the roof of the neighbor's house.
Miller stated if the neighbors are on the deck, they would be looking at their home and not his residence.
McMillan stated she cannot tell from the plan how the new roof and windows will impact the neighbors.
Oberpriller stated they would be looking at the garage if they are on the deck. Oberpriller indicated they
are proposing a gable roof to help limit the impact.
McMillan stated she was attempting to visualize what the impact would be to the neighbors.
Bonnett stated they were looking for ways it could be impacted and with fewer variances.
Oberpriller stated they would not be able to see any of the windows. Oberpriller indicated the white
triangle depicts the eave line.
Walsh stated the second story would be going up ten feet.
Oberpriller stated it is not their intent to cause any disruption to the neighbors and that they are trying to
be sensitive to both neighbors' concerns. Oberpriller stated the Millers will not be able to look down onto
the neighbor's deck and that the height of the structure would be approximately 30 to the peak of the roof.
Walsh stated the ridge line is going from 21 to 30 feet.
Levang asked whether there will be living space above the garage.
Oberpriller indicated it will be storage space.
Bonnett stated as long as their windows are not looking down at their windows, they would be fine with
it, but that in his view there are other ways to do the project.
Page 28 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
11. #15-3772 ROBERT MILLER, 60 SMITH AVENUE, VARIANCES — RESOLULTION NO.
6539 (continued)
Oberpriller stated it would not be possible to see the neighbor's windows. Oberpriller noted the white
triangle would be roughly the eave line and that the window would be below that. Oberpriller stated it is
not their intent to cause disruption to the neighborhood or cause any concerns. Oberpriller stated he
would like to reach an understanding that this house will not be peering down on the neighbor's deck.
Oberpriller indicated they are willing to repair and replace the screening.
McMillan stated it is a good plan but that she wanted everyone to be able to picture the impact.
McMillan asked if he is squaring off the second story.
Miller indicated that is correct.
Oberpriller stated they are basically just adding the second story.
Gaffron stated it is approximately 68 feet from the left side of the existing house to the right side of the
existing garage.
McMillan stated she understands the current second story of the house is not functional and that the
proposed new second story will be squared off with windows added at the end. McMillan noted the
garage will also be in between this house and the neighbor's house to the north.
Miller stated they are attempting to stay within what is existing and to limit the number of variances
requested with the project.
Bonnett stated he does not understand how rushing the application through will help the situation.
Bonnett stated the larger homes in the neighborhood are on huge lots.
Levang stated she is concerned about strife in the neighborhood and that she would like everyone to be
good neighbors. Levang stated she is not sure whether tabling the application would give the neighbors
an opportunity to work this situation out.
McMillan stated the only difficulty she sees with the application is the second story and the amount of
massing but that she does not want to hold the application up unless the City Council needs more
information.
Walsh stated in his view the homeowner has done a good job with placing the windows only a foot higher
but that those should be verified with the building plans. Walsh stated in his view there is a good amount
of buffer and that the applicant is doing everyone a positive by moving the garage forward. Walsh stated
as a casual observer, it appears the applicant has addressed the issues with the windows and there is
plenty of room on the sides. Walsh noted the applicant is not proposing a huge house and that they have
made some concessions to stay within the character of the neighborhood. Walsh stated in the end it will
be a benefit to the neighborhood and beautify the area. Walsh stated he is in agreement the landscaping
should be replaced if it gets damaged.
Page 29 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
11. #15-3772 ROBERT MILLER, 60 SMITH AVENUE, VARIANCES — RESOLULTION NO.
6539 (continued)
Printup stated he also does not want to hold the application up since he is not sure what it will solve.
McMillan stated her only concern is the massing on the north side and that she hopes the neighbors
continue to have dialogue. McMillan stated the applicant is entitled to a functional second story and that
she is hopeful the addition will not impact the view of the neighbor to the north.
Walsh moved, Cornick seconded, to adopt RESOLUTION NO. 6539, a Resolution Granting
Variances to Municipal Zoning Code Section 78-420 (B), for the property located at 60 Smith
Avenue. VOTE: Ayes 5, Nays 0.
12. #15-3775 CITY OF ORONO, TEXT AMENDMENT REGARDING TEMPORARY
SIGNS
Barnhart stated the City's current ordinance regulating signs does not meet the needs of charitable
organizations or for community events. The existing ordinance does allow a conditional use permit once
every two years. As Staff and the City Attorney reviewed the ordinance closer, it became evident that
many of the signs are regulated based on their content, a direct violation of state statute, which allows
regulation based only on time, place and manner.
In response, the conditional use permit requirement was removed and now requires only a Staff issued
permit provided the sign meets certain criteria. Signs in commercial districts have the same number of
signage opportunities as before, but they will get an additional sign if they allow their property to be used
for charitable, community event signage.
The proposed ordinance amends the sign ordinance in several ways and achieves the following goals:
Allow temporary signs that meet certain parameters in the right-of-way jurisdiction only and City
property following a permit.
2. Allow temporary signs in commercial zones for a specific period of time and allow additional
signage for commercially zoned properties that provide signage for charitable organizations.
3. Amend the ordinance to reflect recent Supreme Court rulings on free speech.
4. Give the City authority to display any sign within its own right-of-way or property.
Barnhart noted signs in residential zones are subject to certain sign limitations regardless of message. In
addition, the City must issue a permit for signs in the right-of-way and on city property regardless of the
message. The City may not issue permits for county or state right-of-ways, including County Roads 15,
19, 51 and Highway 12.
Staff recommends adoption of the ordinance as presented.
Walsh asked what the alternative would be.
Page 30 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
12. #15-3775 CITY OF ORONO, TEXT AMENDMENT REGARDING TEMPORARY
SIGNS (continued)
Barnhart stated it would be to not allow any signage on public property.
Mattick stated a conditional use permit should not be issued for a sign since it runs with the land and that
he would recommend the language regarding that be removed from the City's current regulations.
Levang asked if 8B, temporary signs in residentially zoned districts, would cover signs that someone may
put out announcing their child is on the hockey team, a garage sale, or a roofing contractor.
Barnhart stated those would be examples of temporary signs in residential districts. Barnhart stated only
one sign would be allowed in the required front yard, which is the 0 to 30 -foot zone, with a limit on the
total amount of area of the signs on the property.
Walsh asked if 20 people could erect signs on City property if they met the conditions.
Barnhart stated they could but that he will be coming back in the near future with some sort of mechanism
to identify the community and charitable events.
Printup asked if this could be done by resolution rather than codifying the language.
Mattick stated he would encourage the Council to have something in their ordinances addressing it. The
question regarding garage sale signs or other similar signs goes to the heart of the trouble that other
communities have experienced with regulating different categories of signs. Mattick stated a sign is a
sign and that the City cannot regulate its content but it can build in dimensional requirements in the
ordinance.
McMillan stated she had some issues with more of the permanent signs and that the Council should
perhaps discuss that in the future.
McMillan stated she has a concern about the public property piece, and if that is allowed, it may create
other issues.
Walsh noted the ordinance allows the City to erect signs on its property.
Printup moved, Levang seconded, to table Application No. 15-3775, City of Orono, Text
Amendment Regarding Temporary Signs.
Barnhart suggested the draft ordinance be revisited in a work session.
VOTE: Ayes 5, Nays 0.
Page 31 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
13. #15-3776 NAVARRE COMMUNITY INITIATIVE, CONDITIONAL USE PERMIT,
SIGNAGE ON PUBLIC PROPERTY
Barnhart stated since the City Council tabled the text amendment, it will be necessary to approve the
conditional use permit for the Navarre Community Initiative. The group would like to place temporary
signs in Navarre area parks and right-of-way. The signs are intended to identify and promote a
community bike event.
The City's current ordinance allows the Council to issue a conditional use permit for signs once every two
years at a given location. The Council may not issue a conditional use permit for signage in county or
state rights-of-way. The signs are four square feet and will be placed at various intersections, including
Navarre Park, Shoreline and Kelly Avenue, Shoreline and Casco Point Road, and Shadywood and
Bayview.
The Planning Commission and Staff recommend approval of the conditional use permit subject to the
conditions outlined in the staff report.
PUBLIC HEARING
Mayor McMillan opened the public hearing at 10:35 p.m.
There were no public comments regarding this application.
Mayor McMillan closed the public hearing at 10:35 p.m.
13. #15-3776 NAVARRE COMMUNITY INITIATIVE, CONDITIONAL USE PERMIT,
SIGNAGE ON PUBLIC PROPERTY (conignued)
McMillan noted the event is this Saturday.
Levang stated the signs will be up until Sunday.
Walsh moved, Printup seconded, to approve Application No. 15-3776, Navarre Community
Initiative, granting of a conditional use permit for temporary signage on public property.
VOTE: Ayes 5, Nays 0.
PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT
14. LYDL4,RD BEACH FENCE
Edwards stated at the last Council meeting, the City Council directed the Park Commission review this
application again due to some issues that were raised during the Council meeting and the request that a
survey be completed. Those items have been completed.
The purpose of the fence is to delineate the parking area at Lydiard Beach from the beach and the
adjacent channel. The fence will be a split rail fence, with the posts approximately 42 inches high with
eight to ten foot rails.
Page 32 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
14. LYDIARD BEACH FENCE (continued)
Two sections of fence will be constructed. One fence will run along the exposed portion of the channel
approximately five feet to the west of the property line and the other will run the width of the lot at the
south end of the street between the parking lot and beach.
Walsh asked if the survey revealed anything new that the City did not know.
Edwards stated there was a question about who owns the land where the wood wall transitions into the
metal wall, which is not within the 5 -foot piece of property owned by the private resident. Edwards stated
that land was determined to belong to the homeowners association.
Cornick asked if there will be any signs on the fence.
Edwards stated there are no plans for any signs to be placed on the fence and that there is a park rules sign
already on the property. The Parks Commission is also looking at standardizing some informational signs
for the parks. Edwards stated the City could, if needed, place no fishing or no dogs signs up.
Walsh asked if the Parks Commission is doing any different as a result of the neighbors' comments.
Edwards stated the fence has been moved five feet further in to allow for easier maintenance but that
probably does not address the concerns of the neighbors. Edwards stated he is not sure there is a practical
way to create a physical barrier to prevent people from accessing the wall.
Levang moved, Printup seconded, to approve the plan to install a split rail fence at Lydiard Beach.
VOTE: Ayes 5, Nays 0.
*15. WH.LOW DRIVE NORTH RECONSTRUCTION — PAY REQUEST NO.6 — FINAL
Levang moved, Cornick seconded, to approve Pay Request No. 6 and final for the contractor
C.S. McCrossan, in the amount of $19,913.77 for the Willow Drive reconstruction project.
VOTE: Ayes 5, Nays 0.
16. LIFT STATION #2 BACKUP GENERATOR
Edwards stated Lift Station No. 2 is a critical lift station and collects sewage from the area from the
Crystal Bay area, Weber Hills area, and Heritage Lane. The lift station then conveys that sewage into the
Metropolitan Council sewer main. Under the current load, the lift station can experience a backup within
20 minutes of a loss of power.
This summer the City was approached by the owners of 1955 Shoreline Drive offering to provide
space/casement for the placement of a backup generator for the lift station. In addition, the City received
a letter and petition in July from area residents requesting a backup generator for the lifl station. A rough
estimate for the project is $110,000. The engineering and design cost from Bolton & Menk is not to
exceed $21,250.
Page 33 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
16. LIFT STATION #2 BACKUP GENERATOR (continued)
Cornick asked if Public Works will still have to respond or whether it will switch over automatically.
Edwards stated the Public Works Department will be alerted and will respond to determine why power
was lost regardless of the backup generator.
Levang moved, Printup seconded, to approve the installation of a backup generator with associated
electrical distribution and controls for Lift Station No. 2 and to authorize Bolton & Menk to
complete the design and engineering of same. VOTE: Ayes 5, Nays 0.
17. LIVINGSTON (TOWER) PARK IMPROVEMENT DESIGN REQUEST
Rick Meyers, Parks Commission Chair, stated the Parks Commission has designated Livingston Park as
one of their priority parks for 2015. Norlings Landscape has designed a plan for the park. Meyers
indicated the amount of money being requested includes contingencies but that he does not believe it will
cost $50,000.
As it relates to the plan, the Parks Commission has elected to remove the one pergola, which decreased
the cost by $5,000. Meyers stated the big expense is the pervious pavers, but that the Parks Commission
felt it would be setting a good example if the City used that type of paver.
Meyers noted there is approximately $688,000 in the City's Park Dedication Fund and that there will be
more money coming in as a result of a few new developments. Meyers stated that money is allowed to be
used for major park purchases, which the City is currently not contemplating. Meyers stated he would
propose just spending the interest on that money to help improve the parks. Meyers noted there has not
been an active Parks Commission for ten years and that the City is now trying to get back up to speed
with a number of the parks.
Meyers reported the Parks Commission has finished the majority of their priorities for this year and are
now looking at 2016. Livingston Tower Park was one of the priorities for 2015 and the $50,000 will
allow the entire project to be completed. Meyers stated in his view the visitors on the Dakota Rail Trail
could be directed to this park since it will have a port -a -potty and water. It is also close to the downtown
Navarre area.
Levang stated she likes the plan and that the connector piece with the trail is important. Levang stated the
Navarre Initiative Group will be using this park on Sunday, which will give the Parks Commission a
chance to highlight the proposed park improvements. Levang stated the new improvements would also
provide an opportunity to have a new name for the park that is not tied to the address.
Levang stated this is a beautiful piece of property that is not getting a lot of use and that it can become an
anchor for a community that has a number of pedestrians. Levang stated in her view it will add a lot to
the Navarre community and will be a nice amenity. In addition, it will serve as a connection to the
business section, the trail, and the Navarre Park.
Meyers stated there are also a lot of younger children in the neighborhood that will be able to utilize the
park.
Page 34 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
17. LIVINGSTON (TOWER) PARK IMPROVEMENT DESIGN REQUEST (continued)
Curtis displayed a picture of the current park.
Walsh stated he would echo the comments made by Council Member Levang. Walsh stated the project
demonstrates the commitment by the City to improve the parks and that there are funds in the Park Fund
that can be utilized for this project.
Printup stated since the money is currently in the Park Fund, this project will not impose any tax
obligation on the residents.
Meyers noted the funds must be used for a capital improvement and cannot be used for maintenance.
Meyers stated it does not make sense to continue to acquire park land if it is not improved and made
useable.
Printup asked where the estimates came from.
Meyers stated those are estimates from Norlings Landscaping, and that when this project goes out to bid,
the amount could be lower.
Edwards stated the Parks Commission requested Norlings to come up with the design and the prices.
Edwards indicated the prices that say contractor after them were obtained from the Norlings' quote and
the prices with Public Works Department after them are the estimates that the City provided.
Levang stated in her view they will have several companies interested in bidding on the project and the
City should receive a good bid.
McMillan asked who would be maintaining the pollinator garden and whether there are any long-term
maintenance costs associated with the drinking fountain.
Meyers stated a watering source for the new plantings could also be installed next to the water fountain,
which is a $4,000 expense. Meyers stated Wayzata also has a dog drinking fountain at their beach.
Meyers stated the Parks Commission removed the one pergola because a drinking fountain was preferred
and would help draw people to this area.
Meyers stated as it relates to the pollinator garden, the City currently has a contract with Norlings to help
maintain them but that maintenance will probably have to be built into the budget. Meyers stated
typically pollinator gardens are more native plants, which would require a little more work than your
typical landscaping.
Meyers stated the $50,000 is the maximum that would be spent and that the cost likely will be less than
that.
McMillan asked whether there will be some information available on Sunday regarding the
improvements.
Page 35 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
17. LIVINGSTON (TOWER) PARK IMPROVEMENT DESIGN REQUEST (continued)
Meyers stated he would like to have a display case set up with the plans in it along with a sign that says
coming soon to your neighborhood. Meyers stated one of the park commissioners will also be there to
talk about the improvements.
Cornick asked why there is not a port -a -potty included in the plan.
Meyers stated he is going to approach Three Rivers to see whether they will partner on the water fountain
and port -a -potty.
Levang moved, Printup seconded, to approve the Livingston Tower Park improvements with
funding from the Park Fund, not to exceed $50,000. VOTE: Ayes 5, Nays 0.
Meyers noted the maintenance barn will be painted red and a cupola will be added to it so it will resemble
a barn.
*18. APPOINTMENT OF 2015 GOLF COURSE EMPLOYEE
Levang moved, Cornick seconded, to approve the hiring of Calvin Schmidt as a seasonal employee
for the Orono Golf Course. VOTE: Ayes 5, Nays 0.
19. KELLY AVENUE DRAINAGE (CARMEN OUTLET)
Edwards stated the residents on Kelly Avenue have reported excessive flooding in the street during larger
rainfall events and are concerned about the impact of future development on the storm system in the area.
Last fall Bolton & Menk was contracted to conduct a drainage analysis and provide recommendations.
On May 11, 2015, the Council authorized the design engineering for the upsizing of the Carmen Bay
Outlet. Edwards stated this is the first of three projects aimed at improving the drainage for the Kelly
Avenue area.
The low bid came in at $69,718 from Kusske Construction. The project will be funded from the Storm
Water Fund. The project should be completed by the end of October, 2015. Edwards stated he is still
finalizing some easements and that the bid award will be contingent upon that being resolved.
Comick asked whether he is familiar with Kusske.
Edwards indicated he has not but that Tim Amundson in the Public Works Department has worked with
them in Victoria and recommended them.
Levang moved, Printup seconded, to award construction of the culvert at Carmen Road to Kusske
Construction. VOTE: Ayes 5, Nays 0.
Page 36 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
20. WELL SITE NO.4 PURCIFIASE AGREEMENT
Edwards stated the biggest issue with the City's water system was the location for the second well on the
northern system. Edwards stated the City did not have enough room on the property for the well and that
placing the well on other city -owned property would have doubled the cost. As a result, the City
approached Mr. Cliff Otten about acquiring a piece of his land that abuts the City's current well and well
house. Mr. Otten in exchange asked for that easement right-of-way to be vacated to allow his property to
hook up to city sewer since it will drop below the 2 -acre minimum.
Edwards stated Mr. Otten signed the purchase agreement on Wednesday and that the City Council needs
to approve the purchase agreement and adopt the resolution dispensing with the statutory requirements for
review by the Planning Commission of acquisition of property.
McMillan stated in her view it is a great solution.
Levang moved, Printup seconded, to adopt Dispensing with Statutory Requirements for Review by
Planning Commission of Acquisition of Property and Approving the Purchase Agreement. VOTE:
Ayes 5, Nays 0.
PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT, CONTINUED
Edwards reported the City's golf course has already exceeded last year's number of rounds.
Levang stated she received a comment from someone that played this morning who said that the greens
were magnificent.
MAYOR/COUNCII. REPORT
Walsh stated he attended the August Planning Commission meeting and that a number of applications
will be coming before the City Council. Walsh stated in his view the Planning Commission is doing a
good job.
Levang noted the Navarre Community Festival is scheduled for this Sunday and a number of activities are
planned for the event. Saturday is the 100 -year anniversary of the Long Lake Fire Department and that
they will be having an open house on Sunday as part of the Navarre festival.
Printup reported last week there was a Highway 12 safety commission meeting. The final safety audit has
been completed and statistics for the entire corridor have been taken and will be included in the audit.
The audit will also contain some suggestions for safety upgrades that the committee can work toward.
Printup reported rumble strips will be installed this fall and that he hopes to receive a summary of the
results this week for Council review.
McMillan stated she and Council Member Cornick will be attending a Highway 12 turnback meeting on
Wednesday. McMillan stated the committee narrowed it down to two options and that she will report
back on what the committee discusses. McMillan stated she is worried about people using Long Lake
Road as an alternate route.
Page 37 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT (continued)
Walsh asked if the costs will be passed down to the City in some form.
McMillan stated to her knowledge they will come out of the turnback fund.
CITY ADMINISTRATOR'S REPORT
*21. ORONO POLICE GARAGE — PAY REQUEST NO. 12
Levang moved, Printup seconded, to approve payment of Pay Request No. 12 for the contractors
working on the Orono Police Garage project in an amount totaling $66,980.45. VOTE: Ayes 5,
Nays 0.
22. ADOPT THE LAKE MINNETONKA EMERGENCY OPERATIONS PLAN —
RESOLUTION NO. 6540
Police Chief Farniok stated over the past eight months, the Lake Minnetonka Emergency Management
Group has been working on updating the City's emergency operations plan. Farniok noted he distributed
the report by CD since it is rather lengthy.
Farniok stated the main changes were the addition of appendixes for a domestic and exotic animal
directory, terrorism, and voluntary donations. The rest of the changes were grammar or updating name
and contact information. Farniok stated the majority of the document was left unchanged since the
policies are mandated by the state.
Printup asked what the trigger was for the update.
Farniok stated the Emergency Management Group was formed approximately 15 years ago to do it as a
group rather than each individual city doing the review. Farniok stated the review is mandated by the
state.
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6540 , a Resolution Adopting the
Updated Lake Minnetonka Emergency Operations Plan (LMEO). VOTE: Ayes 5, Nays 0.
*23. CLAIMSBILLS
Levang moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
*24. PERMITS/LICENSES
1. Fireworks/Pyrotechnic Special Effectives
PC Pyrotechnics for Display of Fireworks for Long Lake Fire Department
4416 Aspen Circle South
Rockford, MN 55373
*24. PERMITS/LICENSES (continued)
Page 38 of 39
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 14, 2015
7:00 o'clock p.m.
2. One -Day Temporary Permit for On -Sale Liquor
Orono Lions for the Long Lake Fire Department
P.O. Box 65
Orono, MN
3. One -Day Temporary Permit for On -Sale Liquor
8 to A Lamp for Taste of Long Lake
1817 Freedom Lake
Chanhassen, MN
Levang moved, Cornick seconded, to approve the above listed permits and licenses.
VOTE: Ayes 5, Nays 0.
*25. ACCEPT RESIGNATION OF POLICE OFFICER LINDSEY OLSON
Levang moved, Cornick seconded, to accept the resignation of Police Officer Lindsey Olson.
VOTE: Ayes 5, Nays 0.
*26. REQUEST TO HIRE FULL-TIME POLICE OFFICER
Levang moved, Cornick seconded, to approve the hiring of Tim DatwyIer as a full-time police
officer effective September 15, 2015. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY'S REPORT
Mattick stated he had nothing to report.
ADJOURNMENT
Printup moved, Walsh seconded, to adjourn the Orono City Council meeting at 11:28 p.m.
VOTE: Ayes 5, Nays 0.
ATTEST:
legs, Ci C erk
Lili Tod McMillan, Mayor
Page 39 of 39