HomeMy WebLinkAbout10-12-2015 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 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 City Administrator Jessica Loftus, Finance Director Ron Olson, Community
Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis,
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. 5, 7, 10, 11, 14, lb, and 17 were added to the Consent Agenda. Item No. 19, Spates Avenue
Access Agreement, was added to the Regular Council Agenda.
Printup moved, Walsh seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR CITY COUNCIL MEETING OF SEPTEMBER 28, 2015
Printup moved, Walsh seconded, to approve the minutes of the Orono City Council meeting of
September 28, 2015, as submitted. VOTE: Ayes 5, Nays 0.
*3. CITY COUNCIL WORK SESSION OF SEPTEMBER 28, 2015
Printup moved, Walsh seconded, to approve the minutes of the Orono City Council work session of
September 28, 2015, as submitted. VOTE: Ayes 5, Nays 0.
PRESENTATION
4. WESTONKA HISTORICAL SOCIETY
Liz Vandam, a volunteer with the Westonka Historical Society, provided the Council with an update on
the society's activities. Vandam stated this past year they hosted Kevin Sorbo, who played the role of
Hercules in the movie entitled Hercules. In addition, the society hosted Navarre night, which included the
launch of the book entitled Navarre. Other activities included the annual scavenger hunt for the
Grandview Middle School sixth graders, the Tonka Toy Company Retirees reunion, a history boat tour
and displays at The Depot in Wayzata, and history displays at the Gillespie Center. The Westonka
Historical Society was also featured in the Lake Minnetonka magazine.
Vandam stated they currently have some great exhibits going and that the Historical Society's museum is
now located in the Old Centennial Building in Mound.
McMillan asked what area of Orono they cover.
Page 1 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
4. WESTONKA HISTORICAL SOCIETY (continued)
Vandam stated they tend to be more focused on the Minnetrista area and the Orono area that is close to
Lake Minnetonka.
McMillan suggested the City put a little blurb on the City's website advertising donations of historical
items and mementos to the Historical Society.
Vandam stated they would encourage people to submit their old photographs, old letters, and military
uniforms that can be shared with the rest of the community.
PLANNING COMMISSION COMMENTS — REPRESENTATIVE JON THIESSE
Thiesse stated he had nothing to report but would be available for questions.
PUBLIC COMMENTS
Brad Erickson, Orono Shopping Center, 2160 West Wayzata Boulevard, stated he would like to start by
personally thanking Council Member Aaron Printup for taking the initiative to contact him the day after
the last Council meeting and set up a meet and greet with Community Development Director Jeremy
Barnhart.
Erickson stated he has come here tonight to talk about the events that have transpired over the past couple
of weeks regarding Jay Nygard. Erickson stated he would like to point out that while the Long Lake City
Council was approving another 5 -year contract with the Wayzata Police Department, Orono was busy
robbing a member of the Orono community of his physical freedom over a chunk of concrete underneath
the ground in his own background. Erickson stated he hopes the irony is not lost on any of the Orono
Council Members.
Erickson stated approximately one week ago Jay Nygard spent four days in jail over a broken up remnant
of concrete. Erickson stated although the turbine and pole at issue were gone since June, the City found
pursuing the matter irresistible, and while this might make sense to some of the Council, from a moral
and ethical standpoint, it was wrong. Erickson stated in his opinion Mayor McMillan is personally
responsible. The hostile, punitive and petty nature in which Mayor McMillan runs the City has brought
shame and disgrace to the Orono community. Erickson stated he speaks from his own personal
experiences as well.
Erickson stated it is no secret that hundreds of thousands of dollars and resources have been squandered
on such a trivial matter. Every time the Mayor had the chance to lead, she chose legal action instead,
which was good for the City Attorney. Erickson stated even while Jay Nygard languished in the
Hennepin County Jail, the Mayor was given a chance to show humility and compassion but instead told
the local paper three times that Jay Nygard got what he deserved. Erickson stated the Mayor's eagerness
to prosecute, coupled with her noncompromising approach, indicate a serious lack of leadership.
According to the MN Constitution, which the Council has sworn to uphold, it states the purpose of
government is to protect its own people. Erickson asked who the City is protecting from the broken up
concrete in Jay's back yard. Erickson stated this is an example of where the City could have stepped up
and protected Jay and his family from harm but chose retaliation instead.
Page 2 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
PUBLIC COMMENTS (continued)
Erickson stated he hopes the Council thinks long and hard about the impression they are sending out not
just to Orono but to the surrounding communities as well. Erickson stated if they want to be a big city,
they should start acting like one. Erickson stated he has had enough of the small-minded political crap
this city is becoming known for.
PLANNING DEPARTMENT REPORT
*5. ##15-3725 DALE GUSTAFSON ON BEHALF OF DOUGLAS AND ROBAN SMITH, 4167,
4175, AND 4195 HIGHWOOD ROAD, CONDITIONAL USE PERMIT — RESOLUTION NO. 6547
Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6547, a Resolution Granting
Variances from Municipal Zoning Code Sections 78-1279, 78-1288, and 78-1700 and a Conditional
Use Permit Pursuant to Municipal Zoning Code Sections 78-966, 78-967, and 78-1286, for the
properties located at 4167, 4175, and 4195 Highwood Road. VOTE: Ayes 5, Nays 0.
6. #f15-373913786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH — FINAL PLAT,
RESOLUTION NO. 6548
George Stickney, BPS Properties, LLC, was present.
Senior Planner Gaffron stated on July 27 of this year the City Council adopted a resolution that granted
preliminary plat approval for an 11 -lot plat of the property located at 300 Sixth Avenue North. The
developer is requesting final plat approval in order to finalize the project. At this time the developer has
completed or has agreed to complete all requirements established at the preliminary plat approval in order
to gain final plat approval.
Gaffron stated the Council should consider the following issues:
1. Minnehaha Creek Watershed District (MCWD) approvals have not been received and are not
expected to be finalized until October 22 at the earliest. The delay is the result of a request by the public
that the MCWD Board hold a hearing regarding the required MCWD approvals. MCWD Staff have
recommended approval of the project.
City Staff and the City Engineer met with the applicant, the applicant's engineer, and MCWD
Staff on October 9 and have concluded that the remaining stormwater management plan and other
engineering details can be finalized without affecting the final plat. The MCWD has
recommended tentative approval of the project.
Gaffron noted that nine of the 11 lots establish a raingarden to accommodate a share of the overall
development drainage. While the most likely locations for these have been depicted on the stormwater
plans, it is possible that their locations will change once final house locations are chosen by individual
owners. For this reason, drainage easements for these individual raingardens have not been added to the
plat drawings. The following two options are available to address this:
Page 3 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
6. #f15-3739/3786 SPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH — FINAL PLAT,
RESOLUTION NO. 6548 (continued)
a. Complete the basic design work now and establish within the final covenants and
development contract that the rain gardens must be built at the time of house
construction for each lot and an appropriate easement be granted at that time before a
Certificate of Occupancy is issued; or
b. Require the rain garden easements be shown on the plat (requires a change to the mylars)
and require the rain gardens to be built now, as they are an element of the overall plat
drainage requirements, not just an easement for that individual site.
2. Hennepin County has granted approval for the two access locations along County Road 6, subject
to revision of the turn lanes at the access across from North Ferndale Road. Final Hennepin
County permits will be required before the plat is filed.
3. A group of neighbors has filed suit against the developer, the MCWD, and the City of Orono
asking the Court to temporarily and permanently enjoin the City Council from approving the final
plat and require the City to complete an EAW. The group was unsuccessful in obtaining a
temporary restraining order. The City Council has been advised by the City Attorney and the
attorney on behalf of the League of Minnesota Cities that they may move forward on the
application and that the lawsuit is not sufficient reason to delay adoption of final plat approval.
Gaffron stated the resolution, development agreement, and covenants have been drafted. The covenants
have been reviewed by Staff and the City Attorney and appear to address all topics required based on the
Preliminary Plat Approval Resolution. A small number of revisions to these documents are anticipated
prior to release of the plat for filing.
Gaffron stated the private road in Outlot E, which serves Lots 3 through 8, is subject to private easement
and maintenance covenants, as well as an underlying access easement to the City. An easement for public
access is not being granted, which makes this truly a private road as compared to most others created in
Orono since the 1970s. This is a slight deviation from past practice. After discussion between Staff and
the City Attorney, it is felt there is minimal risk, if any, to not requiring an underlying public easement
when certain conditions exist. These conditions exist in this situation and include the following:
The private road being created does not have the potential to be extended to serve adjacent
undeveloped properties; and
2. The Developer has established covenants that require homeowner maintenance of the private
road, yet allow the City to provide for maintenance if the homeowners do not do so, and to assess
the homeowners for that work.
Gaffron noted approximately 45 acres contained within Outlots A and C will remain undeveloped and
protected by a conservation easement.
Page 4 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
6. #15-373913786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH — FINAL PLAT,
RESOLUTION NO. 6548
The final plat approval resolution is drafted such that filing of the plat and associated documents with
Hennepin County will not occur until all specific requirements of approval have been completed. MCWD
permits have yet to be approved, with an MCWD Board hearing scheduled for October 22. This includes
the City having in hand the issued MCWD permits, Hennepin County access permits, letter of credit and
escrow, signed development agreement, signed covenants, etc.
Staff recommends that the City Council adopt the resolution, subject to Staff and City Attorney
confirmation of satisfactory completion of all required final submittals and documents.
Council Member Walsh stated in his view it should be kept somewhat flexible for the developer in terms
of where the homes will be located. Walsh stated in his view these conditions should be fairly easy to
attach to the property and that the developer should be given some flexibility.
McMillan noted these are large lots and that there is some flexibility relating to the location of the
raingardens. McMillan stated she is in favor of Option A.
Walsh stated he would tie it in with the issuance of the permit.
McMillan stated in this situation, with the bigger lots, there is a lot of room to relocate them. McMillan
stated she understands Staffs position and that she is okay with Option A.
Council Members Printup, Cornick, and Levang indicated they are okay with Option A as well.
Jim Lane, Attorney -at -Law, stated he represents the residents in a lawsuit against the City of Orono, BPS
Properties, and the MCWD. Lane stated they are requesting that the City Council not act on the final plat
until all issues have been resolved. Lane noted he has submitted a letter summarizing his request to the
Council and Staff tonight.
Lane stated earlier today there were two separate motions pending in court regarding this matter. One
previously pending motion was resolved in their clients' favor this afternoon, allowing site inspections of
the subject property by plaintiffs' consultants and expert witnesses on Tuesday and Wednesday of this
week. Another motion is still pending for rescheduling of a hearing on plaintiffs' motion for temporary
injunction against the City and others, which, absent rescheduling, currently is scheduled for October 19.
Lane stated he is here this evening to request in the strongest possible terms that the City Council defer
action on its final plat approval until the plaintiffs' motions are fully resolved by the court and the
plaintiffs have exhausted their administrative remedies before the MCWD, which is scheduled for
October 22. Lane stated the bullet points in his letter outline the specifics of their requests.
Lane stated the plaintiffs have important rights under the Minnesota Environmental Rights Act and that
they strongly object to the City's apparent readiness to grant final plat approval this evening. This land
use application is very important to the City of Orono and to area residents whose statutory rights are at
stake.
Page 5 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
6. #15-373913786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH — FINAL PLAT,
RESOLUTION NO. 6548 (continued)
The Council's decision deserves deliberate, well considered applications of the science of ecology and
environmental protection to the natural resources that will be impacted by any ultimate approval action.
Failure to apply such principles risk irrevocable degradation or destruction of those resources. The
plaintiffs are prepared to help the Council through that process but not tonight.
Lane stated his clients have important statutory rights, and the property itself has important natural
resources with ecological and environmental value that deserve legally determined protection. These are
material issues that deserve further consideration and opportunities to be determined on their merits.
Lane stated no undue harm to the City or to the developer will occur if the City Council defers final plat
approval until after final adjudication of the parties' rights by the Court. However, if the City Council
does grant final plat approval this evening, it will be on record as a governing body as having
preemptively stepped in front of a court of law, which in this case is exercising equitable jurisdiction in
this very important environmental matter.
Further, in the event of final plat approval this evening, the City will have gone on record as having
denied residents of the State of Minnesota of undeniable due process rights made available to them by the
Minnesota Environmental Rights Act. If that should occur, the violation of the citizens' fundamental
rights that lead to a decision to grant final plat approval necessarily will lead to fixture protracted and
costly litigation for the City.
Lane stated the City Council should defer its decision with respect to final plat approval so that it does not
get ahead of itself in pending judicial or decision-making processes. Lane stated for all of these reasons,
his clients object to the City Council's granting of final plat approval for BPS Properties' Mooney Lake
Preserve and request that such action be tabled to a date to be determined that is consistent with future
orders of the Hennepin County District Court.
Jeff Watson, Attorney -at -Law, stated he is appearing here tonight representing BPS Properties and
George Stickney. Watson stated they are not going to argue here what is being argued in Hennepin
County District Counsel. Watson stated the City has received legal counsel and they are in agreement
with that counsel. Watson stated they would request final plat approval tonight.
Cornick asked if there would be any damages if the application is delayed.
Watson stated there would be and that an affidavit listing their damages is on file with the Hennepin
County District Court. Watson stated in his view this is not the proper forum to argue the case. The
plaintiffs argued their motion for a temporary restraining order, which was denied, and the plaintiffs
will again be arguing their case on Monday afternoon. Watsons stated an affidavit has been filed by
Mr. Stickney in opposition to the motion along with his estimation of the damages that would result from
losing an entire construction season.
Lane stated he would like to remind the Council that the MN Environmental Rights Act does not allow
economic damages for economic issues to be awarded under the Environmental Rights Act. Lane stated
he would ask the City Council to consult the City Attorney to verify that.
Page 6 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
6. #15-3739/3786 BPS PROPERTIES, LLC, MO SIXTH AVENUE NORTH — FINAL PLAT,
RESOLUTION NO. 6548 (continued)
City Attorney Mattick stated in terms of the plaintiffs' desire to not have a decision tonight, the court was
made aware of tonight's meeting and chose not to prohibit the City from taking any action. Mattick
stated in addition, there are various timelines under MN Statutes that require cities to act on these
applications. As it relates to a final plat, there is a 60 -day limit to act on a completed application. Mattick
noted most of the heavy lifting on these types of applications is done at the preliminary plat stage, which
has already been reviewed by the Council and approved.
Mattick stated as it relates to damages, that is an item that is before a judge right now and there is nothing
that prevents the Council from acting. The review at the staff level has been thorough. All the items that
have been requested be addressed have been reviewed and are now before the City Council for their
approval. Mattick noted Staff's report discusses that the Council's approval tonight is still subject to
Watershed approval and that no grading will occur, no trees with be cut, and the mylars will not be
released until that approval is gained.
Mattick stated while the statement in terms of once it is gone, it can't come back, in general is true,
approval tonight does not release the developer to go out there tomorrow and start working and that the
developer still needs to go before the Watershed District. Mattick stated with all due respect, he does not
agree with plaintiffs' counsel.
Levang asked when the 60 -day period expires.
Gaffron stated the application was received on September 15 and 60 days from that would be
approximately November 15. Gaffron stated he is not sure whether the application submitted was totally
completed on September 15 since a few items came in late. Gaffron stated in his view November 15
would be a safe date to say for the 60 -day limit.
Levang noted that does give the Council some time if they choose to give the plaintiffs some additional
time.
Mattick indicated the Council can do that if the Council feels there is something missing from the
application.
Walsh stated this is probably the third time in as many months where the City has had issues relating to
lawsuit brought up, and that it is not the City's job to adjudicate those issues since those are legal
arguments. Walsh stated the Council's job is to act on the items that are before them, and if the
application is ready to be approved, it is ready to be approved.
McMillan stated the applicant has everything ready for final approval and that approximately half of the
acreage is in a land trust and that the development is low density. McMillan stated in her view a lot of
work has gone into making this development environmentally sensitive and that the City's Attorney has
indicated the Council can proceed on final plat approval tonight.
Page 7 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
6. #15-373913786 BPS PROPERTIES, LLC, 300 SIXTH AVENUE NORTH — FINAL PLAT,
RESOLUTION NO. 6548 (continued)
Walsh moved, Cornick seconded, to adopt RESOLUTION NO. 6548 , a Resolution Granting Final
Plat Approval for Subdivision of the Property Located at 300 Sixth Avenue North to be known as
Mooney Lake Preserve, subject to Option A, which would need to be completed prior to a permit
being issued on the project. VOTE: Ayes 5, Nays 0.
*7. #15-3761 RIDGE CREEK CUSTOM HOMES, 4775 NORTH SHORE DRIVE, RIGHT-
OF-WAY VACATION — RESOLUTION NO. 6549
Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6549, a Resolution Vacating a
Dedicated Right -of -Way Within the Plat of Bergquist's and Wicklund's Park, Hennepin County,
Minnesota, for the property located at 4775 North Shore Drive. VOTE: Ayes 5, Nays 0.
8. #15-3770 JON NORRIS AND CATHERINE MORRISON AND PATRICK AND
MELISSA MULHERN, 460 ORCHARD PARK ROAD, PRELIMINARY PLAT
Gaffron stated this is a proposed subdivision to split the existing property into two building lots that
would be served by a shared driveway. Both lots would be served by private wells and septic. The
property consists of a single 23 -acre parcel with a home, detached garage, and a number of other
accessory structures. The applicant is proposing two lots, which are very irregular in shape due to the odd
property shape, the location of wetlands, and in order to contain sufficient dry buildable acreage within
each lot while establishing desirable home sites and incorporating suitable sites for onsite sewage
treatment systems. Gaffron noted there is a fairly large wetland on the property.
The revised preliminary plat drawing depicts potential locations for proposed pole barns on each lot. In
both cases, the proposed barns would be located nearer to Orchard Park Road than the residence structure,
which would require a variance to the zoning code provisions that do not allow accessory structures
nearer the road than the principal structure. The Council should discuss whether those variances are
supported for each lot.
Access to both lots is via a shared 20 -foot driveway in Outlot B, branching off to two individual
driveways at a width of approximately 12 feet. The corridor created by Outlot B at 90 feet in width is
extremely wide as compared to the typical 30-50 foot outlot for a shared driveway. It appears that the
extra width is necessary to accommodate the topography and wetlands and allow for a somewhat
curvilinear driveway without creating a more complex outlot configuration and description.
The northerly driveway branch for Lot 1 appears to be the only viable location for a driveway. In
addition to the wetland impacts noted above, this driveway will require a variance to the City's 5 -foot lot
line setback to driveway requirement and needs to provide for the appropriate floodplain and drainage
management facilities.
One of the issues Staff discussed with the applicants is that the neighboring lot is so small that it may
require additional land. The current applicants are suggesting that there could be an area they would be
willing to turn into an outlot to make it possible for the neighbor to acquire. Gaffron stated it then
becomes a matter of the cost and whether the neighbors would like to acquire that land. Gaffron noted
this applicant does not have an obligation to provide access to that lot.
Page 8 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
S. #15-3770 JON NORRIS AND CATHERINE MORRISON AND PATRICK AND
MELISSA MULHERN, 460 ORCHARD PARK ROAD, PRELIMINARY PLAT (continued)
Lot 1 consists of 10.68 acres but includes 5.42 acres of wetland. Lot 2 consists is 10.94 acres and consists
of 1.58 acres of wetland. The applicants have provided a Conservation Design Report, which has been
included in Council's packet. The site is fairly open, with the only place with trees is essentially the area
around the house, around the fence lines, and the wetlands. None of those areas are expected to be
impacted.
The City Engineer has provided some general and detailed comments and the applicant has submitted
revised plans that appear to address many of those comments. Gaffron noted the revised plans have not
been reviewed by the City Engineer at this point.
The driveway length for Lot 1 extending from the point at which the shared driveways converge is
approximately 900 feet. Fire Chief Van Eyll has indicated that if the house is sprinkled, that driveway
can be as narrow as 12 feet. It is currently proposed at 10 feet, which will have to be expanded to 12 feet.
If the house is not sprinkled, the driveway should be 20 feet in drivable width wherever possible. In
either case, a loop should be incorporated into the driveway near the house for emergency and service
vehicle maneuverability.
The Council should consider whether there is a need to provide for any additional plantings or a
landscape plan. If this was a formal private road rather than a driveway, the code would require one tree
per 40 feet of frontage.
The Planning Commission reviewed this application at their August meeting and found that it appeared to
be compliant with code requirements, with the exception that the defined width of proposed Lot 1 as
measured at the 10 -foot front setback line is approximately 110 feet where 300 feet is normally required.
The practical difficulty for this variance is the shape of the underlying property, with its relatively
minimal frontage on Orchard Park Road.
The Planning Commission voted 6-0 to recommend approval of the preliminary plat subject to a
Conservation Design Report being submitted prior to Council review of the application. In addition, the
applicant shall agree to construct the shared driveway as a development improvement rather than waiting
for home construction to begin, adhere to the recommendations of the fire marshal as to individual
driveway width and configuration, and addressing the City Engineer's comments and recommendations
prior to Council review.
Gaffron stated the Council should review the conservation design materials and determine whether there
are any potential concerns. The Council should also review whether a formal landscaping plan is required
and confirm whether the necessary lot width variance for Lot 1 is acceptable. The final issue the Council
should discuss is whether the location variances for the proposed pole barns located closer to the street
than the principal residences might be supported.
Gaffron stated if the Council feels that all issues of concern have been addressed, they should provide
Staff with direction for moving forward.
McMillan asked if access through the Jacobs Mills property would be on the east side of this
development.
Page 9 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
8. #15-3770 JON NORRIS AND CATHERINE MORRISON AND PATRICK AND
MELISSA MULHERN, 460 ORCHARD PARK ROAD, PRELIMINARY PLAT (continued)
Gaffron pointed out the Whelan properly and the Jacob Mills property. Hennepin County and MN/DOT
stated there is a possibility access could come around the edge of the wetland and up to County Road 6
rather than going up the hill to County Road 6. Gaffron noted that option would require review by the
Jacob Mills' homeowners association.
Gaffron stated another option would be to continue the 33 -foot corridor out to Orchard Park Road, which
would be very expensive since it would need to go through some wetland. Gaffron stated from a county
and state perspective, the Whelans do have access options but that access has not been resolved yet.
Gaffron noted he has not heard from the Whelans.
McMillan stated she wanted everyone to be aware that access to the Whelan property still needs to be
determined. McMillan asked if the septic needs to be tested.
Gaffron indicated it has been tested and it has been confirmed that there is room for an alternative site on
that lot.
McMillan stated as it relates to the southern pole barn, the proposed location is not near the proposed
driveway, but the northern pole barn is located closer to the driveway. McMillan stated she is not sure
how important it is to have the barns near a paved access and whether the two barns should be located
closer to one another.
Gaffron stated this is an issue that could be discussed with the applicant.
McMillan asked if the applicant would like to address any of the issues.
It was noted the applicant is not present.
Mark Gronberg, Surveyor, indicated he has worked on this application and that the idea was to have the
pole barns in front of the existing building. Gronberg noted the locations depicted on the plans may not
be the exact locations but that the barns would likely be west of the existing home.
McMillan stated the southern pole barn is more of an issue since it is closer to the traveled roadway.
Levang asked if it would be visible.
Gronberg indicated the roof might be for some homes to the southwest or southeast but that these are
pretty big lots and there are a number of trees that would help shield the barn.
McMillan asked what the Council feels about a landscaping plan.
Levang stated in her view there is enough natural landscaping and that the City does not have to require
additional landscaping. Levang stated her only issue with the one pole barn was whether it would be
visible from the street, and if that was the case, she would be inclined not to be in favor of it.
Gronberg stated the location of the pole barn could be worked out at the time of the building permit.
Page 10 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
8. #15-3770 JON NORRIS AND CATHERINE MORRISON AND PATRICK AND
MELISSA MULHERN, 460 ORCHARD PARK ROAD, PRELIMINARY PLAT (continued)
Printup moved, Levang seconded, to direct Staff to draft a resolution granting preliminary plat
approval for Application No. 15-3770, Jon Norris and Catherine Morrison, and Patrick and
Melissa Mulhern, 450 Orchard Park Road. VOTE: Ayes 5, Nays 0.
9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700
SHORELINE DRIVE, PRELIMINARY PLAT
Michael Steadman, applicant, was present.
Gaffron stated the applicant is proposing to split off three new 2 -acre building sites from the northerly
portion of the 31 -acre property, to be accessed via an extension of Heritage Lake. The new lots would be
served with municipal sewer and private wells.
The Planning Commission, at its August meeting, tabled the application and provided the applicant's
representative with a number of recommendations for actions and information to provide prior to the
continuation of the review on September 21. At the September 21 meeting, the Planning Commission
voted 6-0 to recommend approval of the application subject to a number of conditions.
Gaffron noted this property is one of Orono's few remaining large lakeshore estates. It is bordered on the
north by Tanager Lake, on the south by County Road 15 and Minnetonka, and on the west it borders
additional large lots as well as the Foxhill neighborhood. The owner has chosen to split off three large
lakeshore lots with frontage on Tanager Lake. The existing residence will remain but could be
subdivided in the future. The view from the south is of Heritage Lane. The applicants are proposing to
split off three lots in the wooded area, extend the cul-de-sac, and construct a new cul-de-sac with a
stormwater pond. Each lot would have individual driveways with the homes being approximately 150
feet from the lake.
Gaffron stated the project has had a bit of scrutiny from the neighborhood. The neighbors are concerned
about the construction process and the building of homes over the next number of years. Another concern
expressed related to the extension of Heritage Lane. Heritage Lane is a public road and was initially
extended when it was created in 1965 by the addition of a corridor that went to the end of the subdivision.
Gaffron stated in his view the intent was that it would serve the adjacent Jacobs property.
The Planning Commission recommended the following conditions:
1. A parking area for construction vehicles shall be established within the property, with no
construction parking to be allowed on Heritage Lane. Signage must be provided to advise
contractors of the parking limitations.
2. Construction hours to be restricted to 8:30 a.m. to 4:30 p.m. Monday through Saturday, with no
construction allowed on Sundays, which is more restrictive than the City's current construction
standards. Signage to this effect is to be posted.
3. Street cleaning of Heritage Lane to be conducted on a daily basis at the end of the day.
Page 12 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
4. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700
SHORELINE DRIVE, PRELIMINARY PLAT (continued)
The Planning Commission also recommended that the City Engineer have a safety expert provide a
review of traffic safety issues and address safety concerns such as ingress/egress to Shoreline Drive,
speed of construction, traffic on Heritage Lane, etc. The Consulting City Engineer's office has indicated
they do not see any significant concerns and that construction work does not appear to impact any public
street. Gaffron stated the neighbors feel the construction will impact them due to the narrowness of the
road and have an impact on the quietness of the neighborhood.
Gaffron stated in front of the Council tonight is a significant amount of information, and if the Council is
looking for more definitive information, Staff can provide that. Gaffron stated the option that the
neighborhood would like access coming through the Jacobs property is not practical and Hennepin
County does not look favorable on that driveway serving as the construction access.
The Planning Commission did look at a number of documents that were provided by the applicant,
including a letter from a grading contractor who suggested that slopes in the range of 10 to 12 percent
would not be reasonable for a temporary construction access. There are some steep slopes and bluffs that
the developer's engineer can address. Staff is not supporting or recommending a second access coming
from the south and in Staff's view Heritage Lane remains the best access.
The applicant has discussed with Staff how the City determinations of building height and number of
stories rely on the use of existing grades. As a result, the revised grading plan shows that Lots 1 and 2 are
proposed to be graded to create building pads and establish new existing grades as part of the
development improvements. Those grades likely will not be established until the homes are being
constructed.
An updated Conservation Design Report was submitted prior to the September Planning Commission
meeting and is included in the Council's packet. The Conservation Design Report states that the existing
drainage patterns will generally be maintained, the wetlands will be preserved and buffered, with the
exception of the small wetland within the Heritage Lane right-of-way, and a vegetation management plan
for the invasive species observed onsite will be implemented.
There will be tree preservation areas along the perimeter of the site, including the bluff areas. The trees
existing on the subject parcel range from poor to good health. The majority appear to be in good health.
Dead trees will be removed from the lots if they are within grading areas or if they pose a safety hazard.
There will be 110 trees removed for the construction of the extension of Heritage Lane and the new cul-
de-sac. Within individual lots, tree clearing will be avoided to the extent possible, but due to the lots
being located within the maple basswood forest, a certain amount of tree clearing will be unavoidable.
Building pad footprints have been selected to take advantage of natural clearings and existing flat grades
whenever possible.
Due to the proposed house locations within the forest, all positive views will remain, with the residences
protected from view by the large trees. The rolling hills onsite will further assist with the protection from
negative views.
Page 12 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700
SHORELINE DRIVE, PRELIMINARY PLAT (continued)
The City Engineer is recommending that the existing cul-de-sac at the end of Heritage Lane be removed
upon completion of the extension.
The Park Dedication Fee will be for three new lots for a total of $16,650. The property will also be
subject to the Stormwater and Drainage Trunk Fee, resulting in a total fee for three lots of $23,040. Lot 4,
which is further subdividable, will not be charged the stormwater fee at this time.
The Council should discuss the following issues:
1. Does the Council have any concerns regarding the proposed road width, length and design?
2. The Council should review the Conservation Design materials and determine whether there are
any potential concerns.
3. Has the developer adequately addressed the concerns of the Foxhill neighborhood to the
Council's satisfaction regarding the impacts of the road and home building construction process?
4. Does the Council have a position regarding whether the existing cul-de-sac should remain or be
removed or should this be subject to further review by Public Works?
5. Should a sewer connection charge be imposed?
McMillan stated she would like to break up the Council's discussion into two parts, with the Council
talking about the development first and then discussing the construction traffic.
Steadman stated the Jacobs have resided on this property for 42 years and it is a landmark property in
Orono. Steadman stated if you look at the overhead view of the lake side, there is 750 feet along Smith
Bay. The only access to the east is the driveway, which does not have a turn lane. The main estate sits in
approximately the middle of the property.
Steadman stated the key item he would like to point out is that the distance between the main entrance of
the estate to the proposed cul-de-sac is approximately 1,800 feet. Steadman indicated he does have a
letter from the excavator who stated it would be a very unsafe situation to have construction traffic
attempt to gain access and leave via that temporary road.
Steadman stated he has made an effort to be engaged with the residents of the Foxhill neighborhood and
listen to their concerns. Steadman stated they have agreed to disagree on some items, but that in his view
there has been a good communication effort made. Steadman stated in an effort to address the residents'
concerns, they will be constructing a parking area for all construction vehicles, performing daily street
sweeping, and limiting the construction hours. In addition, the contractors for each new lot will meet with
the neighbors at the outset and throughout the construction period as needed to answer any questions and
address any issues the neighbors may have. Other restrictions include the following: Any and all
construction traffic will be parked onsite, the contractor will restrict their speed limit to 15 miles per hour,
and the contractor will inform all contractors about deliveries.
Page 13 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700
SHORELINE DRIVE, PRELIMINARY PLAT (continued)
Walsh stated everyone knows that there is a public right-of-way down there and that there is going to be a
development. Walsh stated he does not have any issues with that in general but that in his view some of
the other issues need to be discussed.
Cornick stated he is good with the overall development
Levang stated she is fine with the development and the proposed building pads. Levang indicated she
does have a concern about the two cul-de-sacs and that she would like to discuss that. Levang stated in
her view the tree preservation is important and that she is hearing the applicant is concerned about that as
well. The City Council does have the Conservation Design Report, which takes into account that there
are some species that need to be eliminated, but that she is pleased with the overall design.
Printup stated he has a question regarding the lot layout. Printup asked what potential there is for a future
connection going southward as you come off of the cul-de-sac where the lots begin to get platted. Printup
stated he is thinking of a future connection going southward to future development.
Mark Gronberg, Surveyor, stated the slopes are too steep in that area to have a road. Gronberg stated they
showed slopes of 12 percent and the elimination of a number of trees. Gronberg stated it is very doubtful
they would want that as a city street for future developments.
Printup asked if this development would happen if Heritage was a private road.
Gaffron stated he is not sure whether he can answer that, but that it might be a similar situation to the
Bollis application. Gaffron stated in this case there is a public road that is platted to the property
boundary and that there really is no rationale for putting a road through the middle since there are only
two lots being platted.
Walsh stated there would also need to be some easements, and without those, it would not happen.
McMillan stated she was surprised at the two cul-de-sacs and that she had assumed there would be a road
that would branch off into each individual lot. McMillan noted there are quite a bit of big woods in that
area, and on the Dayton property, the City requested the cul-de-sac be pulled out of the woods. McMillan
asked if it is too late to look at removing the new cul-de-sac and having the three driveways branch off the
other cul-de-sac, which would save a lot of trees. McMillan stated the idea of having a cul-de-sac 100
feet away from the other cul-de-sac is not really accomplishing much except for snow plowing.
Gaffron stated in his view the elimination of that cul-de-sac has not been considered since the applicants
were attempting to meet the requirements of the Code. Gaffron stated in his view the developer would
prefer not to have to construct a new cul-de-sac. Gaffron stated Staff will have to look at the dimensions
of the existing cul-de-sac to see whether that should be upgraded but that there would still need to be a
driveway going through the wetland.
McMillan stated the second cul-de-sac in the middle of the woods is not very natural looking. McMillan
stated she understands the need for a turnaround and the ability to maneuver vehicles, but that this may be
a situation where the Council can allow some flexibility.
Page 14 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700
SHORELINE DRIVE, PRELIMINARY PLAT (continued)
Gronberg stated it is a great idea but that they may need some type of firetruck turnaround. Gronberg
stated in his view they could possibly save some of the bigger trees but that there would still need to be
some ponding and culverts. Gronberg stated the goal is to keep it under the 1,000 foot exemption.
McMillan stated as far as the sewer connections, she would let Staff work that issue out and provide the
City Council with a couple of options.
Levang stated if that cul-de-sac is eliminated, some temporary surface parking could be created for the
construction vehicles.
McMillan asked what the Council feels about the construction.
Walsh stated he would like to hear from the neighbors.
McMillan noted the City Council does have the minutes from the Planning Commission on this item, and
if the public would like to make some comments, she would ask that they limit it to items they have not
already addressed.
Steven Byrnes, 1025 Heritage Lane, stated he is the president of the Foxhill Homeowners Association,
and that the residents have been in communication with Mr. Steadman for a number of months regarding
this development. Byrnes stated he represents the three homes in the neighborhood and that there are
three more homes that have also weighed in on this development that do not belong to the homeowners
association.
Byrnes stated they do not oppose the development of the lots but that their opposition comes from the
impact and intrusion of the construction traffic.
Byrnes noted he had an opportunity to discuss this application with Mr. Steadman and Council Member
Walsh this afternoon and that their concern relates basically to the construction of the homes. Byrnes
stated the street is only 24 feet wide and that in their views there are some ways to mitigate this. Byrnes
stated their number one concern is safety and that turning right or left out onto County Road 15 is
dangerous at any time of the day. Byrnes noted there are 16 children that live in the neighborhood and
attend school. Byrnes stated it is important the school bus is able to safely get in and out of their
neighborhood and that the residents would ask the Council to look at other options as it relates to the
construction traffic.
Dan Hoffinan, 1135 Heritage Lane, stated the elimination of one of the cul-de-sacs makes a lot of sense
and would help to save a lot of trees. Hoffman stated the residents wish there was a way to have an
access road through Jacobs' property, which has been explored by the developer, but that it might be
possible to have others not associated with the development look at the property. Hoffman stated in his
view they could find a route that does not have too much grade, but that he is not sure that route will be
found if that person is employed by the developer. Hoffman stated it would be nice to have an
independent engineer look at it.
Page 15 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700
SHORELINE DRIVE, PRELIMINARY PLAT (continued)
Dennis Libby, 1000 Heritage Lane, stated he and his wife own the lot that is the longest contiguous lot
next to the Jacobs' property. Libby stated they were aware that the extension to the cul-de-sac was there,
and that despite that, they have come to the reality and acceptance of the fact that there will be three new
neighbors that traverse Heritage Lane. Libby noted he is an officer of the Foxhill Homeowners
Association and that his function is to manage the common areas. There are some common areas that
have to be mowed and taken care of during the course of the summer months. One of the things that is an
expression of the pride of ownership in the neighborhood is the beautiful setting.
Libby stated he would like to repeat some of the statements he made on August 12 to the Planning
Commission. Libby stated some of his comments have been taken to heart and some have been ignored.
Libby indicated he also has given Staff some visual aids that will provide the Council with a different
perspective on what their neighborhood is like rather than some black and white drawings.
Libby stated based on the second opinions having to deal with engineering, grading and conservation,
some of those opinions are very contradictory to the City Engineer's recommendations and the Planning
Commission's recommendations to the City Council. Libby stated he would strongly recommend the
Council delay the decision to approve Heritage Lane as the primary construction route for this project.
Libby stated far too many purely engineering approaches have been taken in this case and there has been
far too little of the human and safety elements and the foot hazards to foot and driver traffic taken into
consideration within this mature neighborhood that should be self-evident to everyone.
Libby stated he is not sure how many of the Council members or Staff have visited their neighborhood or
walked the Jacobs' property to see the physical evidence of what has been referred to as a legacy
property. Libby stated there will be the daily physical movement of materials and construction traffic, the
idling and parking and waiting for vehicles that will not be able to move in a bidirectional route on
Heritage Lane due to the limited street width. Libby stated it would be intrusive, impractical, and
outrageously inconvenient to the balance and synergy of their neighborhood, not to mention the diesel
fuel exhaust and other environmental factors that would be intrinsic to this type of a project. Libby stated
those type of hazards should always be avoided in a mature residential neighborhood.
Libby stated despite his grief and sense of loss after coming from a funeral, as soon as he drove into his
neighborhood and saw the beauty of the area and the school bus full of young children, he immediately
saw what makes their neighborhood a neighborhood. Libby stated children and family make
communities and that communities make up the core of their culture.
Libby stated he would like to have Staff show the Council the evidence of the school bus pulling into
their neighborhood and the normal parking of a single car, the lawn mowing and grooming service that
the residents perform.
City Planner Curtis played the video referred to by Mr. Libby.
Libby stated Heritage Lane is only about three blocks long. Libby noted the construction equipment that
will traverse down their road will be ten feet wide on average and some of them will be 75 -feet long
carrying 36 -ton excavation equipment. Libby pointed out the cul-de-sac that the City has advised the
developer to remove the pavement on either side.
Page 16 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700
SHORELINE DRIVE, PRELIMINARY PLAT (continued)
Libby stated that will not a practical maneuver for a school bus and that they have to back into his
driveway in order to traverse and come back to go out to County Road 15. Libby stated in his view it is a
very poor decision.
Libby stated every time they look at the drawings of the development versus the already cultivated and
engineered path that goes down behind the Jacobs' property and into the land that is being developed, it
does not provide a very good perspective of the area. Libby stated he also has some high definition
photographic images that depict their neighborhood.
Libby noted the video is now displaying a school bus at 3:00 in the afternoon, which does not have to deal
with very heavy oncoming traffic in either direction, but that the bus driver has to wait due to persistent
oncoming traffic. Libby stated the residents frequently have to wait a substantial amount of time just to
get out onto County Road 15 and that it will be very difficult for very large and heavy construction
vehicles to use that route.
Libby stated the next picture depicts the city -owned access. Libby noted all of those trees will be
completely clear cut and gone, which will change his view and his quiet enjoyment of the neighborhood.
Libby indicated he had an arborist come in, and in his professional opinion the loss of mature tree cover is
more dramatic and more impactful in the area of the cul-de-sac than it actually is through this route to
bring the construction traffic in through the Jacobs' property.
Libby stated the next pictures depict the road that the current engineering team state cannot be modified
and is not feasible into the development. Libby stated he has had another extremely credentialed engineer
tell him that that is not true and that a 5 -foot modification of this grade would accommodate the heavy
equipment and haulers. Libby noted the alternative route would only disturb two individuals every time a
construction vehicle goes by rather than 46 individuals that live in his neighborhood.
Libby stated the next picture shows the bluff area that the developer and engineers continually refer to as
a non -feasible access to the Jacobs' property. Libby noted there is a 30 -foot drop but that it is
inconsequential since a straight over the bluff road is not necessary since there is already an engineered
road that can be corrected and used.
Libby stated the next picture is looking through the line of sight to several of the lots. The arborist has
stipulated very specifically that there is very little loss to mature trees or Big Woods growth. Libby noted
there has been talk about conservation and retaining tree growth. In the opinion of the professional
arborist, this is the most shameful neglect of large standing mature wood trees that he has seen in the 35
years since he has been licensed. Libby stated the question of why now seems to be leaning towards the
conservation card and that the thought of preserving trees over children and neighbors is beyond his
comprehension.
Libby noted he has included some copies of some historic documents, one of which is from a very
interesting study found in a book written by Marie Andrews Commons. Included in the book is a hand
drawn map by the author of the exact same estate. Libby stated it is interesting to see how this property
looked at the time but that it presents a very different picture from what exists today. Libby noted the
heavy woods are away from the residence and the cul-de-sac.
Page 17 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700
SHORELINE DRIVE, PRELIMINARY PLAT (continued)
Mayor McMillan closed the public comment portion of the hearing at 9:47 p.m.
(Recess taken from 9:47 p.m. to 9:54 p.m.)
Gronberg stated to get down to the cul-de-sac, they would have to go through a 12 percent slope.
Gronberg stated the pictures do not show how steep it is for construction traffic.
McMillan asked how much subbase would be required.
Gronberg stated they are looking at six to ten feet of fill with a width of eight to ten feet at a 3:1 slope.
Gronberg indicated he spoke with Steve Groan at Hennepin County who is in charge of issuing permits,
and he said they would never approve a private driveway construction access if there is a public roadway
nearby. Gronberg stated one of the main problems is that driveways are narrow, and with truck traffic
coming out and another vehicle waiting on County Road 15 attempting to get in, that would back up
traffic. Gronberg stated Hennepin County would not be in favor of it at all.
Gronberg stated they also show that 127 trees would need to be removed for the temporary access, over a
half acre of land disturbance and 1,350 cubic yards of fill being brought in and then taken out afterwards.
Gronberg stated he has seen the letter from the excavator stating that it will not be a very safe condition
for the truckers and that in his view, with the onsite parking and restrictions on the hours, access onto
Heritage Lane is a better situation. Gronberg noted there is also a turn lane on County Road 15, which
would not be available with the temporary road access.
McMillan stated she did read all the information and that in her view the applicant and his representatives
have done a good job trying to present some options. McMillan noted she lives on a public road that is 18
feet wide and that the school bus does not even go down her road since there is no cul-de-sac or
turnaround. McMillan stated her neighborhood also experienced some development over the years and
that she understands it can be a hassle.
McMillan stated given everything she has read, the applicants have heard the neighbors' concerns and
have attempted to do the best they can to mitigate their concerns. McMillan noted the developer has a
legal right to use Heritage Lane, and that in the 23 years she has been in Orono, she has witnessed how
the City tries to balance personal property rights with the rights of the developer. McMillan stated in her
view the City has done a good job with that.
McMillan stated there is not a perfect solution to this, but that in her view the applicants have done a good
job at mitigating the concerns by proposing restrictions on the construction hours and the onsite parking.
McMillan stated the developer is putting a good foot forward and that she does not see the sense of
putting in a temporary road that would further damage the environment. McMillan stated she is in favor
of using what the developer has proposed and allowing access on Heritage Lane.
Gronberg stated to construct the temporary road, they would also have to fill in some steep slopes next to
the bluff, which is prohibited by City Code.
Page 18 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700
SHORELINE DRIVE, PRELIMINARY PLAT (continued)
Printup stated he read some information over the weekend that talked about 100 percent of the benefit
being on one side and 100 percent of the burden being on the other. Printup stated he agrees with that
statement 100 percent and that in his view an alternative access is possible.
Printup noted street cleaning has been proposed. Printup questioned what the cost would be to the
taxpayer for all the construction traffic going on a city street over the course of time. Printup stated that is
also something the Council has to weigh. Printup stated he is in favor of the construction route going
through the applicant's property and relieving the neighborhood of that burden.
Levang stated one of the things that has been brought up is the damage that could be done to Heritage
Lane, and that she would propose to Mr. Steadman that pictures of the road be taken prior and post
construction. Levang noted the developer would be responsible for any resurfacing, which would address
that. Levang stated that is not a new practice and is something the City employs from time to time.
Edwards stated they document the condition of all streets predevelopment and post development that will
be utilized during the construction process.
Steadman stated they would agree to that.
Levang stated she has been on the property before and walked it today. Levang stated she understands it
is really difficult to balance between wanting to ensure the safety of the residents and the rights of the
developer. Levang stated she appreciates the video that was played tonight, but that she does not see how
a temporary construction road could be built without great cost to the land. Levang stated she wants this
to be a cooperative effort and that she does not want to see the neighborhood upset, but that she also does
not want to see the project stopped because of that issue.
Levang stated in her view Mr. Steadman has done a wonderful job and that she has never seen a
developer who has been as proactive as Mr. Steadman has been. Levang stated Mr. Steadman has offered
some very meaningful changes to what he is proposing and has attempted to talk to the residents and work
with them.
Cornick stated even if the temporary road could be constructed that could carry all the truck traffic, they
would still have to deal with Hennepin County denying access. Cornick stated in his view there is only
one option and that is Heritage Lane.
Comick stated the Council's task is to think out of the box and to minimize the effect on the
neighborhood. Cornick stated as an example, he can remember in Maple Plain where they had a similar
situation where they could not get traffic out onto Highway 12. In that instance they actually had a Maple
Plain police officer out there every day during rush hour directing traffic onto Highway 12, which could
be an option in this situation. Cornick stated now would be a great time to start petitioning Hennepin
County for a stoplight at North Shore and Shoreline.
Gronberg stated they were also proposing a right turn in only, which would also help things.
Page 19 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700
SHORELINE DRIVE, PRELIMINARY PLAT (continued)
Cornick stated that is the type of thing the City needs to think of and do to the max for the residents.
Walsh stated he likes the suggestions made by Council Member Cornick. Walsh stated he is not sure the
residents will feel any better knowing that they could tear up their road with the construction traffic and
then tear it up again reconstructing it a few years later.
Walsh noted he did meet with Mr. Steadman and a number of the homeowners on the property. Walsh
stated in his view the temporary access road felt doable and that there is not a ton of trees that would get
damaged. Walsh noted the number of citizens affected in this situation is 46, with 17 children. Walsh
stated in his view it is a matter of not being able to get a road built but rather a matter of the developer not
wanting to. Walsh stated in some of the dialogue the parties did have some give and take and that he
knows the homeowners have said they have no problem creating the initial cul-de-sac since it is a 30 to
45 -day project. Walsh noted Hennepin County has not denied access but has simply said they would not
allow it at this point.
Gronberg indicated they said they would never approve that versus the use of a public road.
Walsh stated that discussion is still waiting to be had since it has not been formally denied. Walsh stated
he is sure some of the homeowners would like to have that discussion. Walsh stated in his view the
neighborhood has done some compromise but that he has not really seen any compromise on the
developer's side. Walsh stated there is no question this project will harm the neighborhood and that there
is not a good situation for everybody. Walsh stated he would not be in favor of it unless construction
goes through 1700 Shoreline Drive.
McMillan noted the temporary construction road would use the cul-de-sac, and if one of the lots is sold
where the temporary road is built, the developer would not be able to sell the southern lot until the
northern lot is built.
Walsh stated the neighborhood has said build the temporary access road and that it can be done but it is
not the perfect solution for the Jacobs.
Levang moved to direct Staff to draft an approval resolution for Application No. 15-3774, Michael
Steadman on behalf of Irwin Jacobs, 1700 Shoreline Drive, granting of preliminary plat for the
property located at 1700 Shoreline Drive.
Gaffron asked if the developer would be interested in providing some additional plans exploring the
option of not constructing the second cul-de-sac. Gaffron stated from a timing standpoint, the City does
have a 120 -day review period that extends until the middle of November.
Gaffron asked what the developer's time frame is on the project and whether he would be willing to delay
approval for a month.
Steadman asked if that is something that could happen at final plat.
Page 20 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
9. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700
SHORELINE DRIVE, PRELIMINARY PLAT (continued)
Gaffron stated once preliminary plat approval is approved, it is essentially the City's commitment to a
plan. Gaf -ron stated whether there is a cul-de-sac or not is a significant element of the development.
Steadman asked if the delay would be two weeks.
Gaffon stated it would probably be four weeks out, which would give a chance for the developer to
examine whether that works. Gaffron stated it would make sense to explore it for a couple of weeks,
come back with some plans, and then do a preliminary plat resolution.
Steadman indicated he would be open to that.
Levang withdrew her motion.
Levang moved, Printup seconded, to table Application No. 15-3774, Michael Steadman on behalf of
Irwin Jacobs, 1700 Shoreline Drive. VOTE: Ayes 5, Nays 0
*10. #15-3775 JEFF ZITZLOFF,1380 BRIAR STREET, VARIANCES — RESOLUTION NO.
6550
Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6550 , a Resolution Granting Lot
Area, Lot Width and Setback Variances from Orono Municipal Code Sections 78-420, for the
property located at 1380 Briar Street. VOTE: Ayes 5, Nays 0.
*11. #15-3778 TODD BALAN, 2905 CASCO POINT ROAD, VARIANCE — RESOLUTION
NO. 6551
Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6551, a Resolution Granting
Variances from Municipal Zoning Code Sections 78-1288, 78-1680, and 78-1700, for the property
located at 2905 Casco Point Road. VOTE: Ayes 5, Nays 0.
12. #15-3779, TRINITY CHURCH, 2060 SIXTH AVENUE NORTH, CONDITIONAL USE
PERMIT AND VARIANCE — RESOLUTION NO. 6552
Gaffron stated the Trinity Lutheran Church is proposing to redo their existing monument sign which is
located quite a ways off the road. The Church is proposing to install a new electronic reader board.
Gaffron indicated the Planning Commission was fine with the proposal but suggested a condition be
imposed that the interval between message changes be at least eight seconds so drivers will not be
distracted by the change in message. Gaffron noted there is an approximate 6 -second interval for drivers
to pass the sign from the time it is first visible.
Gaffron noted a question was asked earlier about what the City did with the school's reader board.
Gaffron stated that sign was approved back in 2005 and no condition was placed on how often the
message could be changed in the resolution.
Page 21 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
12. #15-3774, TRINITY CHURCH, 2060 SIXTH AVENUE NORTH, CONDITIONAL USE
PERMIT AND VARIANCE — RESOLUTION NO. 6552
Planning Commission and Staff are recommending approval and Staff has prepared an approval
resolution.
McMillan noted she was on the City Council in 2005 when a discussion was had regarding the school
sign. The Council at that time did not want the message to be changing often and that to her knowledge
the school only changes it once a day. McMillan stated in fairness to the school, the City should perhaps
allow them to do the same as the Church. McMillan stated in her view changing the message every eight
seconds might be too often.
Ken Jenson, Trinity Church, stated they have timed the traffic going by and the line of sight and that it
takes approximately six seconds for a car to travel that distance. Jenson stated in his view there is six
seconds of viewing time and that the eight seconds proposed is very acceptable. Jenson stated he has sat
out in front of the sign by the high school and that it changes every three seconds depending on the time
of day. Jenson stated the school is not doing that all the time.
Jenson indicated he has talked with a lot of other churches and a number of them change it 15 times a day.
Jenson stated they would like as much flexibility as possible. Jenson noted the sign will be for the church
as well as for community groups and that he would like to stay with the eight seconds if they can.
McMillan asked what the goal is for changing the sign so often.
Jenson stated their view is they are not putting up a flashing sign or video but that they would like to send
a simple message consisting of a line or two. Jenson stated they can live with more than eight seconds,
but that when someone drives by at 55 miles an hour in six seconds, the drivers cannot absorb much.
McMillan stated it sounds like the goal is to rotate a lot of different messages throughout the day but that
the drivers will be different throughout the day.
Jenson stated 4,500 cars go by the church in a day, which is a lot of opportunity to communicate what is
going on at the church and in the community. Jenson stated they are trying to have some flexibility and
that once a day would be totally unreasonable.
McMillan stated she would like to have the signs consistent out of fairness. McMillan stated the City
will likely be seeing more of these reader boards and that they should be consistent.
Gaffron indicated Staff could discuss the sign with the school to see exactly what they are doing.
Jenson stated they are worried about frost and that they would like to get the work done in the near future.
Jenson stated they could live with the message changing every 60 seconds.
Printup indicated he is fine with the 60 seconds.
Levang asked what some of the messages would be.
Page 22 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
12. #15-3779, TRINITY CHURCH, 2060 SIXTH AVENUE NORTH, CONDITIONAL USE
PERMIT AND VARIANCE — RESOLUTION NO. 6552
Jenson stated it could be simply good morning or what time the church is having mass or what time the
Boy Scouts are meeting. Jenson stated the idea was to have it be a resource for the community.
Levang stated she likes the design of the sign. Levang indicated she is in agreement that the signs should
be consistent and that the City should have a standard that is applicable across the board.
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6552, a Resolution Granting
Variances to Municipal Zoning Code Section 78-1467(1)(c) and a Conditional Use Permit Pursuant
to Municipal Zoning Code Section 78418(4), for the property located at 2060 Sixth Avenue North,
with 60 seconds being allowed between messages rather than 8 seconds. VOTE: Ayes 5, Nays 0.
13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO
CIRCLE, VARIANCES
Sven Gustafson, Stonewood, LLC, and Kathy Alexander, Architect, were present.
Curtis stated the applicant is proposing to construct a new single-family home on the property which is
substandard in area and width. The applicants are requesting an average lake shore setback in order fora
portion of a four -season porch to encroach lakeward. Lot area and lot width variances are also requested.
There was a considerable amount of discussion at the Planning Commission regarding this application as
well as discussion with the neighbor located at 3595 Casco Circle_ At the Planning Commission
meeting, the applicant made a revision to their plan verbally based on discussions with the neighbor.
Since the Planning Commission review, the applicant has provided a revised plan which reflects a 6 -foot
encroachment into the average lakeshore setback rather than the 7.5 foot setback that was initially
proposed. No rear setback variance is requested currently as was discussed at the Planning Commission.
The applicants had originally proposed to move the house back but have instead decided to shrink the size
of the house.
Curtis noted there is a proposed patio area on the lakeside of the four -season porch. The patio detail has
been clarified since the Planning Commission's review and is shown on the survey. At the September
meeting following public hearing and public comment, the Planning Commission voted on a motion in
favor of approval of the variance as modified, which included lot area, lot width, a 28.5 foot rear setback
variance and a 6 -foot encroachment lakeward of the average lakeshore setback line. This motion failed
3 to 3. No other motion was made.
Staff recommends approval of the lot width and lot area variances. If the Council determines there are
practical difficulties supporting the requested average lakeshore setback variance, a motion for approval
may be appropriate. Staff further recommends that the two parcels be combined prior to issuance of a
building permit. The Council should consider the revised request by the applicant as well as the revised
comments from the neighbor and direct Staff accordingly.
McMillan asked if the patio has been removed in front of the encroachment.
Page 23 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO
CIRCLE, VARIANCES (continued)
Curtis stated she is not sure whether the patio was included in the initial plan, but because Staff was not
sure what was included, it is now shown in detail on the plans and on the survey. Curtis noted it is shown
on the left side or lake side of the property.
Cornick noted it is alleged that the fireplace in question was constructed without city knowledge or
approval. Cornick asked if the fireplace is illegal.
Curtis indicated it was constructed without proper city permits and the property owner was notified at that
time that it was illegal. The City did not pursue removal of it at that time.
McMillan asked if the neighbor's patio has a railing.
Curtis stated it has a small wall around it that appears to be approximately 36 inches high.
McMillan asked if that would be considered structure.
Curtis stated technically they could meet the railing provision at the 36 inches.
McMillan asked if the City does not allow patios higher than that within the average lakeshore setback.
Curtis stated if it is elevated above grade 42 inches or greater, it would not be allowed without a variance.
Curtis displayed photographs of the patio and the fireplace.
Levang asked if the neighbor's letter dated October 8 is different than what was presented at the Planning
Commission.
Curtis indicated it is. Curtis stated the neighbor is not here tonight but her attorney is present and perhaps
could clarify it.
McMillan asked if there is a second story about the four -season porch.
Curtis stated it has a roof above it but to her knowledge it does not have any living space above it.
Gustafson stated nothing has changed in their design other than making the house smaller.
Levang stated the question is whether there is a practical difficulty for the four -season porch.
Sven Gustafson, Stonewood, LLC, stated he would like to explain how they arrived at the design of the
house. Gustafson stated as you approach the property, you come around Casco Circle, which drove the
decision to put the garage on the left side of the home. In doing that, that resulted in turning the garage
doors 90 degrees to the road. The home to the left has three garage doors that face the street. If they
went with a similar design, there would be six garage doors in a row.
Page 24 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO
CIRCLE, VARIANCES (continued)
Gustafson noted a lot of neighborhoods have rules that say you cannot have more than one garage door
facing the street because it is not a very architecturally appealing design.
Gustafson stated given that, they started designing the house. The main issue that was encountered was
the location of the fireplace in relation to the house, which really does create a bit of an obstruction to the
view. The columns of the patio walls are four or five feet tall with footings. Gustafson noted the Code
does not define that as structure in determining the average lakeshore setback even though it clearly
blocks the view.
Gustafson indicated they did work with the neighbors quite a bit prior to the Planning Commission
meeting and that everyone was in favor of the proposal. Since the Planning Commission meeting, the
size of the house has been reduced by 18 inches. Gustafson stated originally they were going to slide the
house back and keep the original design but that created two variances instead of one.
Gustafson stated they have tried to compromise and come up with a solution that makes the neighbors
happy but that something changed over the past week. Gustafson stated it does not sound like they are
against the proposal but that they are not available. Gustafson stated nothing has changed in the proposal
outside of the house being 18 inches smaller. Gustafson noted the patio is just an option and that they
included it in helping to calculate the hardcover. Gustafson indicated the applicants have had very little
discussion about the shape or location of the patio.
Curtis stated she discussed with Ms. Callahan the location of the patio and that Staff felt it would be a
good idea to know where the general location of the patio will be.
Gustafson stated they have not developed that any further not knowing if the variance request would be
approved but that it would be an on -grade patio constructed out of flagstone or other similar material.
Gustafson stated pulling the house back by six feet from the existing home and that their request is to
preserve the views.
McMillan asked if there is a reason to have the patio on that side rather than have it centered more on the
house.
Gustafson stated there really has been very little discussion about that and that the architect merely placed
it on there without talking to the owners.
McMillan stated if the patio stands as is, it would be a further encroachment in the average lakeshore
setback.
Belle Yaffe, Applicant, stated the patio is a place holder on the survey and that she envisions that most of
the activity would be on the other side of the porch. If there is anything in front of the porch, it would just
be a pathway.
Gustafson noted there are doors off the end of the porch. McMillan stated she is assuming one of the
reasons for the patio is for some privacy.
Page 25 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO
CIRCLE, VARIANCES (continued)
Belle Yaffe stated she was very excited to join the Orono community and that she and her husband have
spent the last year looking for a house on the lake. Yaffe stated they immediately fell in love with this lot
and the neighborhood. The view of the lake is spectacular, which is the whole reason for living on Lake
Minnetonka. Yaffe stated they designed a house that would fit their needs as well as fit in with the Casco
Point area.
Yaffe stated she was very surprised when they learned that they would have to move their house 15 feet
further back from the lake and that their immediate response was to simply remodel the current house.
Yaffe stated when she was listening to the Planning Commission talk about how views are important for
everyone involved, it seemed to her that the fireplace should be considered structure and that it is unfair to
their view.
Harry Yaffe, Applicant, stated he was dumbfounded and surprised at getting the letter from the neighbor's
attorney a couple of days before the Council meeting. Yaffe indicated they walked all around the house
and asked themselves what they can live with. Yaffe noted they went from a 7.5 foot encroachment to a
6 -foot encroachment and that they have made the house smaller and have incurred extra costs with the
redesign.
Yaffe indicated last Wednesday he spoke with Debra, who asked if they could stake the corners of the
house. The location of the house has been staked so everyone can see exactly where the house is going to
go. Yaffe stated the new home, even with the variance, will be approximately 10.5 feet back from the old
house and further from the lake. The four -season porch represents about 26 percent of the lineal feet of
the house. The house is approximately 62 feet and three inches and the four -season porch is 16 feet.
Yaffe noted they are not asking for a variance for the whole house and that approximately 75 percent of
their plan complies with the average lakeshore setback.
Yaffe reiterated he was confused and dumbfounded by the letter and that he thought they were getting
along. Yaffe stated he thought they all agreed on the six feet and that they have taken the guesswork out
of it as to where the four season porch will be located.
Christopher Huntley, Attorney -at -Law, stated the reason why the letter was sent out is that his client is
currently out of the country and that she needed someone to stand in her place to argue her case. Huntley
stated the reason why Debra wanted the letter sent is that she wanted this issue postponed so she would
have the opportunity to find out if the proposed plans were what she thought they were going to be or if
she has a reason to object.
Huntley stated the applicants did not want to postpone their application, and once the letter was sent out,
she approached the applicants and asked again if they would postpone it, which they did not agree to.
Huntley stated she does not lose her opportunity to argue it.
Huntley stated Debra first met the applicants in August, who subsequently informed her that they would
be requesting a variance.
Page 26 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
13.#15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO
CIRCLE, VARIANCES (continued)
At that time Debra asked for additional information, which was provided. Shortly before the September
21 Planning Commission meeting, she found out that the variance was a
little bit more than what she thought it would be. A meeting was held with Debra and her husband and
the applicants.
At that time Mr. Gustafson stuck a stake in the ground and they agreed to a specific spot on the property,
which is the reason she was in agreement at the Planning Commission meeting. Subsequently to that
time, Debra found out that that was not the location of the proposed improvements and they were, in fact,
three to four closer to the lake and two to four feet higher. Huntley stated that was the reason for her
alarm and the reason why she wanted to address the City Council, which is when she contacted him.
Huntley stated Debra might not necessarily object to the current plans but that she wants more
information. Since Debra has been out of town, she has not been able to view the stakes, and that she is
basically in a position where she feels she has to argue against the variance. Huntley stated Debra does
not feel the need for the variance has anything to do with the fireplace.
Huntley distributed two pictures to the Council of the area in question. Huntley stated the view appears to
be better from the actual setback line and that the fireplace is off to the left. If you look behind the
fireplace, there is really not a view of the lake since there are trees and shrubs in that area. Huntley stated
in their view the fireplace is a moot point.
Huntley stated the average lakeshore setback variance goes against the harmony and purpose of the
ordinance. Huntley stated as is evident from the picture, there is really no interference of the view of the
lake and the fireplace does not pose a practical difficulty. In addition, the applicants purchased the home
knowing that the fireplace was there. Huntley noted there is also nothing preventing his client from
planting trees and other shrubs that would interfere with the view even more.
Huntley stated to summarize, there is no practical difficulty that is being caused by the fireplace, and that
if it is determined to be a practical difficulty, anything could conceivably be considered a practical
difficulty. Huntley stated if the proposed structure is going to be higher than the current structure, the
only person feeling the impact will be Ms. Callahan. Huntley stated even though Ms. Callahan is arguing
against the variance tonight, that does not necessarily mean that she is opposed to any variance and that
she is willing to live with the plan as originally presented to her
McMillan asked where the stake was originally.
Huntley indicated it was approximately three to four feet further back.
McMillan asked if she is comfortable with a 3 -foot variance but not a 6 -foot.
Huntley stated he believes so.
Page 27 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO
CIRCLE, VARIANCES (continued)
Gustafson stated the original stake was placed there as a result of them measuring off the existing home
on the survey and that it was fairly accurate. Gustafson stated the survey has not changed at all and the
only change is bringing the home back a foot and a half further back from what was originally discussed.
Gustafson stated he would argue the stake was within a few inches of where Mr. Gronberg put the stake.
Gustafson stated the proposed home is four -tenths of a foot higher than the current home and that the
bottom line of what they are trying to do is preserve views of the lake and avoid a view of the side or back
of the fireplace that was illegally built.
Walsh stated what is ironic in this situation is that in his view there are neighbors that are figuring out
what variances the Council should approve. Walsh noted the existing residence will be torn down and
that this will be a blank sheet. Walsh stated when there is a blank sheet, the applicants should not need
any variances.
Walsh stated the parties are saying a bunch of different things that are moot and it comes down to whether
it is a practical difficulty. Walsh stated he visited the property today, walked in the area of the stakes, and
in his view the fireplace is not a big deal. Walsh stated the fireplace does not impact the lake view and
that there should not be a variance for that at all.
Gustafson stated they were trying to get the neighbors on board with what they are requesting. Gustafson
stated they were trying to come in unified with the neighbors and that they were not trying to make
decisions for the City Council.
Walsh stated in his view there should not be a variance at all regardless of what the neighbors agree to
since there is not a practical difficulty. Walsh stated if the house next to this house gets torn down 15
years from now, they will be arguing to be closer to the lake if the variance is granted.
Gustafson stated the fireplace should not have been constructed there.
Walsh stated in his view that is a moot point and that it does not appear to be in the way of any view of
the lake.
McMillan stated the neighbors can negotiate amongst themselves all they want but that the Council is the
one who determines whether there is a practical difficulty. McMillan stated determining whether there is
a practical difficulty is a major part of deciding whether a variance should be granted.
Mattick stated if the Council finds there is a practical difficulty with the fireplace, they should grant the
variance. Mattick stated in his view the Council has discussed the relevant points.
Levang stated in her view there is not a practical difficulty and that the Council stands very firm on the
average lakeshore setback. Levang indicated she is not willing to approve that variance but that she is
fine with the lot area and lot width variances.
Printup indicated he is in agreement.
Page 28 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO
CIRCLE, VARIANCES (continued)
Cornick stated he visited the property and that in his view the argument for the practical difficulty is very
weak and that he would not be in favor of it.
Levang stated it seems reasonable to combine the PlDs.
Levang moved, Walsh seconded, Application No. 15-3781, 3185 Casco Circle, to direct Staff to draft
a resolution approving lot area and lot width variances, with the two PID numbers being combined.
VOTE: Ayes 5, Nays 0.
*14. #15-3782 ROBERT AND MONIQUE KANTOR AND STEPHEN OTTO, 2165 AND 2185
WATERTOWN ROAD, LOT LINE REARRANGEMENT — RESOLUTION NO. 6553
Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6553, a Resolution Approving a
Subdivision of a Lot Line Rearrangement at 2165 and 2185 Watertown Road. VOTE: Ayes 5,
Nays 0.
15. #15-3783 JOHN T. BESSESSENIDAVID DELANEY, 2465 SHADYWOOD ROAD AND
2500 KELLY AVENUE, SKETCH PLAN
Tom Wasmoen and John Bessessen, Applicant, were present.
Barnhart stated the applicants are requesting Council input on a proposed sketch plan for a 24 unit, single-
family neighborhood development at 2465 Shadywood Road and 2500 Kelly Avenue. This is the same
property the Council reviewed this spring where it denied the Kelly Avenue portion of this project.
The lots adjacent to Shadywood are approximately 45 feet in width. The 50 -foot lots are located on the
north side of a new proposed drive. South of that are 75 -foot lots. The entire development will require a
rezoning or a Comprehensive Plan amendment or both. There is also a portion that is guided for mixed
used that is currently zoned commercial. The Kelly Avenue portion is zoned for 1 -acre minimum lot size
and guided for two to three units per acre.
Barnhart noted the plan before the Council is somewhat different than what the Planning Commission
reviewed. The plan reviewed by the Planning Commission included a driveway onto Kelley Avenue or
an extension of Delaney Avenue up to Kelly Avenue. In response to some of the comments received by
the Planning Commission, the applicants have removed that driveway. The Fire Chief has indicated he
does not have a concern with no access onto Kelly. The County would prefer that the access be as far
south on Shadywood as possible.
During the public hearing, the Planning Commission heard a number of comments in opposition to the
project. The Council has also received a number of comments electronically, which have been included
in the packet. Barnhart stated it appears no one is in support of the project adjacent to this property.
Barnhart stated the applicant is here and would be able to go into more detail on the proposal
Page 29 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND
2500 KELLY AVENUE, SKETCH PLAN (continued)
Levang stated her question would relate to the side setbacks.
Barnhart stated on the 45 -foot lot, the building is proposed to be 30 feet with five feet side setbacks.
Barnhart stated Staff would need to look at that closer but that he has seen in the past where the setback
from the living space is wider to garages and that there are options that could be explored.
Levang asked if the side setbacks would be five feet again on the bigger lots.
Barnhart stated to his knowledge they would not.
Tom Wasmoen, Applicant, stated they are working on coming up with a plan that is appealing to the City
and the neighbors. Not having Delaney Drive go through to Kelly Avenue is an attempt to convey to the
neighbors that they are listening to them. Wasmoen stated he would encourage the Council to take a walk
on the property and see how the view is blocked from Kelly and the lake due to the trees.
Wasmoen stated the concern he has is hearing public comment that these homes are not the type of
quality homes that should be built in this area. Wasmoen stated the homes are in the $350,000 to
$1 million price range. The homes are very similar to homes that have been built in Edina and south
Minneapolis. Wasmoen stated they are proposing to create a pocket neighborhood that will be appealing
to people who want to start families and empty nesters. The homes would also be one and a half story
homes to two-story homes with smaller footprints. Wasmoen indicated they are proposing enough homes
to allow the creation of a strong homeowners association.
Wasmoen stated the other part of developing this property together is to address the concern with water
runoff and being able to control the runoff within this site and not contribute to downstream flooding.
Wasmoen stated they want to make sure that this is a development that controls its own water.
Wasmoen noted they also heard comments about this not being the right site for townhomes or large
homes. Wasmoen stated in their view this is the best solution for this site and that he has talked with
several custom home builders and they are excited about the opportunity to build on these lots.
Walsh stated he was surprised to see this amount of density. Walsh stated he heard the developer at the
Planning Commission say that he had a meeting with the Mayor and Jeremy and that was the direction
they were given. Walsh asked if that is true.
Wasmoen indicated they talked about the ability to get three units per acre and that the City could support
that.
Walsh asked if that was for the entire piece of property.
Wasmoen noted the Shadywood side is guided for higher density and that they felt by putting the two
parcels together created enough area to create the development that needs to be built to make it viable.
Page 30 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND
2500 KELLY AVENUE, SKETCH PLAN (continued)
Wasmoen stated bringing the residential back up to Shadywood would act as a buffer between the homes
and the church where multi -family might be developed. Wasmoen stated in his view it is a good use of
the property.
Walsh stated he just wanted to make sure that the developer was to bring up high density on the Kelly
side.
McMillan stated they did not say this is the right density high or low. McMillan stated she went out of
her way not to prejudge the density and that the Council will decide what the density will be. McMillan
stated when she first looked at the plan, she thought it was too dense but that she did not want to prejudge
it.
McMillan indicated Mr. Wasmoen wanted to know her thoughts about smaller, single-family homes,
which was addressed at the earlier Council meeting, and when Mr. Wasmoen brought that proposal in to
Jeremy and Mike, she was there. At that time Mr. Wasmoen stated they had included the Shadywood lot,
which was different than what was proposed previously, and that she complimented him on the fact that it
was nice to have another access point without using Kelly. McMillan stated she is happy to see that Kelly
Avenue is out of the equation on this revised plan. McMillan stated it is up to the Council to determine if
they feel this is going in the right direction.
Wasmoen stated at that meeting they had 30 units showing and some have been eliminated. Wasmoen
indicated the five of them kicked it around and felt that 30 were too many but that they can feel
comfortable with staying with the requirements of three units per acre that is encouraged by the
Metropolitan Council.
Walsh stated sometimes it feels like they are wasted a whole bunch of time and are getting the wrong
direction or hearing the wrong things. Walsh stated he knows on Kelly Avenue the Council said two or
three homes but then they tried to squeeze in four. Walsh stated it does not make sense to him how they
are spending all this time designing higher density.
Wasmoen stated in their view it is a good workable plan for the City and the property owner.
McMillan noted the City looked at having commercial down Shadywood at the time of the last sketch
plan, and at the time it made her realize that the City probably does not want the whole strip to be
commercial. The memory care unit that was proposed would have been lit up 2417 and there was some
thought about perhaps stepping it back and going back to more of a residential feel. McMillan noted
there is a church there but that residential is behind it and around it. McMillan stated in her view
commercial is a good idea as you go south of Lunds or south of the dental clinic. McMillan stated this is
an opportunity to put some smaller residential lots in that area, especially on the Kelly side. McMillan
stated she would like less density that what is being proposed and that in her view the Council and
developer can hammer that out.
McMillan stated given the busyness on County Road 19, they need to keep it residential, but they also
need to determine what that number is.
Page 31 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
15. ##15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND
2500 KELLY AVENUE, SKETCH PLAN (continued)
Wasmoen stated that might be a problem if you are building million dollar homes right behind Lunds.
Wasmoen stated they moving towards something that feels like the right solution with the smaller
footprints and not having access onto Kelly Avenue. Wasmoen asked if the Council would like to see one
less house on each side of the street. Wasmoen noted since the Planning Commission meeting, they
actually took one the homes on the Kelly side and moved it over to the other side and spread the
remaining homes out a little more. Wasmoen noted they are not planning on stripping the site clean and
that they want to work with the trees. In addition, the conservation area will help create a site that will
not be seen from Kelly.
Wasmoen stated in his view they have managed to get to a level of density that is workable with perhaps a
couple of the homes removed. Wasmoen noted there is a lot of grade changes in the area where they
moved the one house and that they do not want to create big retaining walls. Wasmoen stated they would
like the homes to fit in with the grade without changing the slope too much.
Levang stated she has walked the property four or five times now and that she does not understand the
Delaney Drive piece and the density. Levang stated when you walk from the back of the dental office and
into the woods, she is not sure how there can be that many lots on that side of Delany Drive. Levang
stated in her view the density is too high there but that she does appreciate the fact that the access onto
Kelly has been taken off.
Levang stated she would still like to see a reduction in the number of lots near Kelly Avenue and that in
her view a 75 -foot lot is too narrow for the type of homes that should be put there. Levang stated they
could put million dollar homes up there but they cannot have them on 75 -foot lots.
Levang asked if the developer could have some units that are more affordable and then some higher cost
homes. Levang encouraged the developer to be more creative and consider a mixture of homes or three -
or four plexes. Levang stated the less desirable lots would be the lots on Shadywood, which could
perhaps be a little less in price, and then stepped up from there going towards Kelly. Levang stated one of
the things they are struggling with in Orono is affordable housing and that there should be a mixture of
house prices. Levang stated they could look at perhaps having more homes on the Shadywood side than
what is being proposed.
Wasmoen stated one of the options for that type of townhome is something called a big house, which
looks like a larger home but contains three or four townhomes. Wasmoen stated there is an area on
Humboldt near Robbinsdale where that has been done.
Levang stated she would like to see something like that, which is attractive and meets the City's desire to
see more affordable housing. Levang stated she would also like to see a lot of the trees remain.
Wasmoen stated preserving the trees has always been one of their goals.
Cornick asked what the biggest barrier is to the Kelly Avenue side having three or four homes.
Page 32 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND
2500 KELLY AVENUE, SKETCH PLAN (continued)
Wasmoen stated building three or four high-end homes backing up to the back side of a grocery store
would be a tough sell. In addition, creating three or four lots would also make it very difficult to have a
homeowners association and still have the ability to control the design of the homes.
Printup stated in the past he has stated he likes small homes and smaller lots, but that he does not see that
happening on Kelly Avenue. Printup stated he does not see anything wrong with three large lots and that
he does not want to see low income housing in the Kelly Avenue area.
Wasmoen stated some of the homes would be designed toward the empty nesters and others would appeal
to young families. Wasmoen stated they are trying to create a walkabout community with access to the
public beach and the grocery store, which would be appealing to all the homes in the neighborhood.
Wasmoen stated adding density also adds strength to the retail that is already there and that they are
looking to do something to help support the retail.
McMillan noted there is a lot of commercial down County Road 15 to Navarre and that they do not need
to add to that strip. McMillan stated she did not want to use the word affordable because it has a bad
connotation but every mayor in this area has said they need to figure out how to keep diversity in the
housing market.
McMillan stated in her view the Kelly Avenue side is too dense and that she would like to see the house
sizes stay the same on the rest of the parcel. McMillan stated she would also like to see bigger lots with
more tree buffers on them. McMillan stated she would like to see three, perhaps four homes face Kelly,
with four or five lots cast of the brown homes shown on the plan, and then to the far right on Shadywood
she would like to keep it similar to the single-family residential homes but that perhaps there could be
some townhomes in that area. McMillan stated she is not sure whether it would make sense to have two
homeowners associations since the homes to the west would be more expensive.
Wasmoen stated the price of the homes does not matter in terms of the homeowners association, and as a
PUD, the City will have some input into the development.
McMillan stated the Kelly Avenue side would also have the conservation area that would need to be dealt
with by the homeowners association.
Levang asked how much density should be on the Shadywood side.
McMillan stated she would prefer 10 but that she would be open to hearing how the developer can fit 12
homes in there.
Levang asked how much land would be required for the three-plexes.
Wasmoen stated he would need to look at that. Wasmoen stated they could look at some twin homes on a
few of the lots.
Page 33 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
15. #15-3783 JOHN T. BESSESSENIDAVID DELANEY, 2465 SHADYWOOD ROAD AND
2500 KELLY AVENUE, SKETCH PLAN (continued)
McMillan suggested the applicants come back again with a sketch plan rather than going to the expense
of drawing up plans. McMillan stated what is different with this sketch plan is the Shadywood access
rather than access onto Kelly.
Walsh stated he stills sees these as two parcels, with three homes on one -acre parcels accessing onto
Kelly and the other homes accessing onto Shadywood with perhaps its own cul-de-sac. Walsh stated they
could perhaps put a row of tall arborvitaes between the two parcels to help screen the back of Lunds or
the other homes.
Wasmoen stated it is a market demand issue and that the homes would be off the lake. Wasmoen stated
on the other side of Kelly, there are smaller homes and smaller sites and that they are not creating
something different than what is down the road. Wasmoen stated in his view the market they are looking
at with 15 to 18 homes works better as a cohesive HOA than splitting them up. Wasmoen noted the City
would have more control over the development if it was a PUD than with three single-family residential
lots.
Levang stated she would like to get some consensus on whether the Council is agreeable to three single-
family residential lots on Kelly, with perhaps some three- or four-plexes on the Shadywood side.
Wasmoen stated they could sketch a couple of plans.
Printup stated he agrees with Council Member Walsh that it is two separate areas and that the Shadywood
side would have the higher density and the Kelly Avenue side would be two or three big lots.
Mayor McMillan noted this is a sketch plan review and not a formal plan but that she would allow some
public comment.
Linda Sallee, 3285 Carman Road, questioned the rationale for placing 24 units on 4 acres. Sallee stated
Kelly Avenue floods as it is and that this proposal is way too dense. Sallee stated if there are 24 units in
there, there will not be a tree left, and that the Council needs to keep in mind the impact on the runoff
situation.
McMillan noted the Council has told the developer that 24 units is too much density for this area.
Christine Hardten, 2515 Kelly Avenue, asked if only three homes are allowed on Kelly and whether that
is the final decision.
McMillan stated the developer will be coming back with a revised sketch plan with lower density and that
the Council will let the developer determine the exact density they would like to propose. McMillan
noted Shadywood is zoned commercial and Kelly is zoned one -acre residential. McMillan stated the
Council is also considering whether it should be a PUD.
Hardten asked whether the Council is considering overriding the one -acre rule.
Page 34 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND
2500 KELLY AVENUE, SKETCH PLAN (continued)
McMillan stated the Council is considering lower density in that area but that the exact number of homes
has not been determined at this time.
Walsh noted he indicated to the developer he would like to only see three lots on Kelly.
Hardten stated in her view the Council needs to give the developer a lot more direction. Hardten stated if
there is going to be a consideration of overriding the one -acre lots, the Council should maybe just decide
that tonight.
McMillan stated she would like to keep as many options open as possible and that she does not want to
close any doors tonight.
Walsh noted the Council said months ago that they would like to see three and now they are saying more
than that. Walsh stated that has to be very confusing to the developer.
Hardten stated she would encourage all of the Council to walk the property and that in her view they will
realize there is not a lot of room to put anything.
Walsh stated if there are three votes that say the developer can have eight houses on the Kelly side, they
will get eight houses on the Kelly side.
McMillan stated the number of homes has not been decided yet and that the developer has been asked to
reduce the density. McMillan stated the developer and the City has to work together on these things and
that it takes time to come up with a good solution when the development is complex. McMillan stated the
Council needs to look at the advantages and disadvantages and needs to be open.
Cornick questioned whether it would be appropriate to choose a limit of three to five and then vote on it.
Levang stated she would like to stay open because she would like to better understand the issue with the
homeowners association and how that impacts the development. Levang noted the homeowners
association is a new consideration that was not talked about before and that she is looking to Staff to
guide that part. Levang stated she has always said the Kelly Avenue side has to be the lower density side.
Barnhart stated he could provide the applicant with some direction and that some of these issues will take
some time to iron out.
Printup stated when he mentioned he was in favor of three homes on the Kelly Avenue side and then
heard there would be more tree removal, he would like to hear the residents' thoughts on that.
McMillan encouraged the residents to correspond with the City Council on their concerns. McMillan
noted this is just the beginning of the process and that they do not want the developer to do any sort of
hard drawings until the Council is more comfortable with the density. McMillan stated the Council does
not know what the number will be but that it will be less than what the developer is showing tonight.
Page 35 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
15. #15-3783 JOHN T. BESSESSEN/DAVID DELANEY, 2465 SHADYWOOD ROAD AND
2500 KELLY AVENUE, SKETCH PLAN (continued)
Levang stated the Council understands the neighbors fatigue with this property but that the Council needs
to have this dialogue on what is appropriate for this site.
The City Council took no formal action on this item.
PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT
Public Works Director/City Engineer Edwards reported over the last few weeks the Public Works
Department has placed four tons of asphalt on West LaFayette and six tons on Wildhurst to repair
potholes in addition to a number of other roads throughout the City.
Sewer jetting has been completed for 2015 and the Public Works Department is now transitioning into the
storm sewer inspections.
Edwards reported the split rail fence was installed at Lydiard Beach and a tree was replaced in the area of
the tree that was cut down a number of years ago. The right-of-way at Lurton Park was seeded by Prairie
Restoration and wood chips were installed at Hackberry.
*16. 2014 SANITARY SEWER REHABILITATION AND MANHOLE LINING — PAY
REQUEST NO.2
Printup moved, Walsh seconded, to approve Pay Request No. 2 for the contractor Insituform in the
amount of $50,438.83 for the 2014 Sanitary Sewer Rehabilitation and Manhole Lining Project.
VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Walsh stated he would like to encourage everyone to visit Birch's and to see the new renovations that
have been completed.
Levang reported the latest city newsletter has been distributed and contains a number of very informative
articles.
McMillan reported she attended the West Tonka meeting with the local mayors and that she had the
opportunity to speak with Superintendent Borg and the mayor of Mound. McMillan noted that is an
annual event.
CITY ADMINISTRATOR'S REPORT
*17. CLOUD BACKUP SERVICES
Printup moved, Walsh seconded, to approve the payments outlined in Staffs memorandum dated
October 12, 20121) in the total amount of $298,074.70. VOTE: Ayes 5, Nays 0.
*18. CLAIMS/BELLS
Page 36 of 37
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 12, 2015
7:00 o'clock p.m.
Printup moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
CITY ATTORNEY'S REPORT
14. SPATES AVENUE ACCESS EASEMENT AGREEMENT
City Attorney Mattick stated before the Council is a proposed nonexclusive easement as it relates to
Spates Avenue. This is an item the Council discussed several months ago. The marina has requested the
City clarify ownership of the land on Spates Avenue. Mattick noted the City has historically used that
land for winter access to the lake. There was also the dock for the fire boat located there. The marina
owners wanted clarification on who owned it, and after looking at it from a legal standpoint, he concluded
the City had established an easement but there was no paperwork solidifying that.
Mattick noted the Council established a committee of sorts consisting of Mayor McMillan and Council
Member Walsh. They discussed terms of an easement that would be acceptable and that has been put
forward to the plaintiffs. The plaintiffs have agreed to the terms and have signed off on it. The Council
should make a motion approving the easement and authorizing the Mayor and the City Administrator to
sign the easement. Mattick stated that should end the proceedings on this matter.
Printup stated he always considered it city access. Printup asked if the way it is written grants citizens the
right to use it in the winter.
Mattick stated it would but that there would be a gate installed and access would be opened on
November 15 and closed on March 1. Mattick stated they did try and get the terms of the easement as
close to status quo as possible.
Walsh moved, Cornick seconded, to approve the non-exclusive permanent access easement
agreement and to authorize Mayor McMillan and City Administrator Loftus to execute the Spates
Avenue Access Easement Agreement. VOTE: Ayes 5, Nays 0.
ADJOURNMENT
Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 11:04 p.m.
VOTE: Ayes 5, Nays 0.
1A EST
e11
ZZ
Ti,gs, ity Cle
Lili Tod McMillan, Mayor
Page 37 of 37