HomeMy WebLinkAbout11-23-2015 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 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
Lih 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, Public Works Director/City
Engineer Adam Edwards, City Attorney Soren Mattick, Consulting City Engineer David Martini, 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, 6, and 13 were added to the Consent Agenda. Item No. 14 was removed from the Consent
Agenda.
Levang moved, Walsh seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. JOINT PLANNING AND CITY COUNCIL WORK SESSION OF NOVEMBER 9, 2015
Levang moved, Walsh seconded, to approve the minutes of the Joint Planning and City Council
Work Session of November 9, 2015, as submitted. VOTE: Ayes 5, Nays 0.
*3. REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 9, 2015
Levang moved, Walsh seconded, to approve the minutes of the Orono City Council meeting of
November 9, 2015, as submitted. VOTE: Ayes 5, Nays 0.
PRESENTATION
4. SHERIFF STANEK, HENNEPIN COUNTY
Sheriff Stanek noted it has been a couple of years since he last addressed the Orono City Council on the
activities of the Hennepin County Sheriff's Office. Stanek indicated he was a police officer for 32 years
before becoming Sheriff and was first elected as Sheriff in 2006, with this now being his third term
Stanek stated he also has served five terms in the Minnesota Legislature.
The Hennepin County Sheriff's Office provides a wide range of public service, including public safety
and public policy. Hennepin County is comprised of 1.2 million people, 556.2 square miles, 104 named
lakes consisting of 280 miles, 45 municipalities, 37 law enforcement agencies, including the Sheriff's
Office, and one unorganized territory, which is Fort Snelling. The Sheriff's Office provides eight lines of
business: jail, court security, patrol, warrants, civil process, 911/dispatch, crime lab, and investigations.
Stanek stated if a local city chooses to have a local police department, they are free to do so, and that the
Sheriffs Office provides patrol function and investigations to some degree in conjunction with the local
police departments.
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Stanek noted Hennepin County has the largest jail in the upper Midwest and that they book approximately
35,000 people each year. Orono had 187 bookings in 2014 and year-to-date in 2015 is 126. The jail is
nationally accredited and has received the National Award for innovative inmate mental health program.
Approximately one-fourth of the inmates have psychological issues.
Stanek stated one major component of the service it provides to Orono and the surrounding lake
communities is the water patrol. In 2015, the Sheriff's Office spent 6,888 hours of service on Lake
Minnetonka, issued 380 citations, including 33 BWIs and 2 under -aged consumption tickets. There were
zero drownings in 2015 on Lake Minnesota.
In 2015, there were 1,789 warrants executed, with one in Orono. The dispatch center answered
approximately 570,000 calls in 2014. Stanek noted 75 percent of 911 calls are now placed from cell
phones and that it is important people realize that the 911 service will not necessarily know the exact
location if a cell phone is used and that it is necessary to convey the physical address of where the
incident is taking place.
The Hennepin County crime lab is internationally accredited and full service. In 2014, Orono had 30
cases that the Sheriff's Office assisted in investigating, consisting mainly of burglaries and robberies.
The Sheriff's Office will send crime scene investigators to process the crime scene, take photographs, and
obtain DNA if appropriate. Overall the Sheriff's Office contributes greatly to the reduction of violent
crime throughout the County due to the sharing of criminal information and analysis. In addition to the
crime lab, the Sheriff's Office works with Orono on solving violent crimes and in 2015 there were six
assists in Orono. The Violent Offender Task Force had two assists in Orono.
Stanek stated Hennepin County also has a Drug Task Force, which consists of five different divisions.
Orono is part of the West Metro Drug Task Force. There is also a Drug Abuse Prevention Program,
which collects unused prescription medications. There are upcoming drug prevention town halls
scheduled in Maple Grove in January and then Hopkins in February. Stanek noted the trend is going back
down for heroin deaths but that there were still 38 heroin -related deaths in 2015. Heroin use usually starts
with opiate addiction through the use of prescription drugs. To assist people in disposing of prescription
medications, there are now seven drop boxes across Hennepin County, with one being located at 4141
Shoreline Drive.
The Sheriff's Office also has a volunteer services division, which has more than 120 special deputies who
served 20,000 plus hours countywide in 2014. Stanek stated volunteers are always needed and that the
Sheriff's Office will train them to a certain level.
The Professional Standards Division focuses on training, internal affairs, reserve officer school, and
active shooter training. In 2015 there were 25 -plus training events with over 1,000 participants.
Emergency training is also provided to businesses and residents, including safety procedures and
prevention.
The Community Engagement Team also works countywide by providing education outreach to diverse
communities and partnering with communities on public safety initiatives. The primary objective is to
teach foreign residents about law enforcement. Stanek noted there is a new trend in law enforcement to
improve community policing and that the Hennepin County Sheriffs Office has implemented new
policies and a work plan to help accomplish that goal.
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Stanek noted violent crime in Hennepin County experienced approximately a 34 percent decrease since
2006, but that over the last nine months the Sheriffs Office have seen a nine to ten percent increase in
those types of crimes. Stanek stated they have not seen an increase like that before and that he would
encourage the Orono City Council to continue to support their local police department as much as
possible.
Council Member Printup asked how residents can feel safe with what is going on in the world,
particularly the events in Paris over the past week.
Stanek stated whether it is Paris, Germany, or in the United States, terrorism is about striking fear in the
hearts of people and that people cannot let that happen. Stanek stated at the end of the day, American is a
very safe place and that the different law enforcement agencies have a good handle on things. Steps are
being taken to build resilient communities and to increase relationships with different ethnic groups.
Stanek stated the Orono Police Department is very good at what they do and that the people can trust
them.
Printup asked what citizens can do to express support of the Sheriff's Office or the local police
department.
Stanek stated he knows the Orono City Council supports their local law enforcement agency, but that if a
resident sees a police officer out in public, they should say hello and thank them. Stanek stated he knows
overall Orono is supportive of their police department but that they should not take it for granted.
Council Member Levang asked what the City should tell residents about the boat traffic and drinking on
Lake Minnetonka.
Deputy Storms stated he has spent 10 years as a deputy in Orono and that he is well acquainted with what
happens out on the lake. In response to the increased level of activity on Lake Minnetonka, Hennepin
County has increased its water patrol staffing quite a bit and that they now have a police presence out
there year-round, especially around Big Island. Storms stated the Water Patrol spends a lot of energy
trying to keep the lake safe, along with local law enforcement, and that they have a strong volunteer staff.
Storms stated the goal is to keep the fatalities at zero but that the biggest job is education and making sure
people understand what is safe and what is not safe. Storms stated they have a very robust media group
and hold a number of safe events throughout the year in an effort to educate people.
McMillan stated she appreciates all the work the Sheriff's Office and Water Patrol do on Lake
Minnetonka.
Council Member Walsh stated it is a testament to Sheriff Stanek' s character that he has great people
around him and that he appreciates all the work the Sheriff s Office does for the residents of Orono.
PLANNING COMMISSION COMMENTS — REPRESENTATIVE DENISE LESKINEN
Planning Commissioner Leskinen stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
PUBLIC WORKS DIRECTORICITY ENGINEER'S REPORT
Public Works Director/City Engineer Edwards reported the Public Works Department has completed
street sweeping and shoulder work in preparation for winter. Work on the Orono Golf Course has
transitioned from golfing to maintenance and that the Public Works Department has been removing some
trees and prepping the new putting area.
Inspections have been completed on the 2015 targeted section of the storm sewer. In addition brush was
removed from the creek by Smith Avenue and work is nearly completed on the culvert near Kelly Avenue
and Carmen Street.
*5. BALDUR PARK ROAD PAY REQUEST NO. 1
Levang moved, Walsh seconded, to approve Pay Request No.1 to GMH in the amount of
$120,540.98 for the Baldur Park Road rehabilitation project. VOTE: Ayes 5, Nays 0.
*6. WATERTOWN ROAD AND STUBBS BAY ROAD PAY REQUEST NO.3
Levang moved, Walsh seconded, to approve Pay Request No. 3 to Bituminous Roadways in the
amount of $46,002.57 for the Watertown Road and Stubbs Bay Road rehabilitation project.
VOTE: Ayes 5, Nays 0.
PLANNING DEPARTMENT REPORT
7. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS, 1700 SHORELINE
DRIVE — PRELIMINARY PLAT APPROVAL — RESOLUTION NO.
Michael Steadman, Developer, was present.
Senior Planner Gaffron noted at the October 26 meeting, the City Council voted 4-0 to direct Staff to
prepare a preliminary plat approval resolution for review and consideration reflecting the Council's
conclusion that Heritage Lane should be extended to a new cul-de-sac built to City standards as part of
this subdivision.
Just prior to the November 9 Council meeting, the City received a memo from Todd Erickson, an
engineer hired by the Foxhill Homeowners Association to independently review the development. This
prompted the applicant to request tabling for two weeks to allow for a response. The applicant granted a
60 -day extension to the review period. The Council tabled the application and it was not reviewed at the
November 9 meeting. However, a number of persons commented on the project during public comments.
A meeting between Staff and the applicant was held on November 17 to discuss the application and
address the items noted in Erickson's report. The response to the issues noted in Erickson's Ietter was
prepared by Mark Gronberg and is marked as Exhibit D. Staff would note that many of Erickson's
discussion points are normally required to be addressed and resolved prior to final plat approval and are
not expected to be fully addressed at the preliminary plat stage.
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Staff would also note that the variance for road length has been discussed at the Planning Commission
and Council level, and neither body expressed an issue with the length. The justification for approval of
this variance is included in the findings section of the preliminary plat resolution. It should also be noted
that a private road from Shoreline Drive ending in a cul-de-sac to serve the three lots would have to be at
least 1,750 feet in length, which is longer than the extended Heritage Lane at 1,600 feet.
The resolution includes the following key elements:
Physical characteristics of the property and the proposed development are documented;
2. It is noted that a variance for road length is intended to be granted and justification for the
variance provided;
Concerns of the Foxhill residents are noted in the "Findings" and the Developer's remedies for
addressing those concerns are noted in the Conclusions, Order and Conditions;
4. The Conservation Design inventory and Master Plan are summarized, with the condition that the
Conservation Design recommendations be adhered to;
5. Provision of municipal sewer to the property is discussed; a sewer connection charge of $89,760
is established based on the 1998 Shoreline/Heritage sewer project per the 2015 Fee Schedule —
this includes connection of the three new homes plus the exiting main residence at 1700 Shoreline
Drive.
6. It is noted that Lots 1 and 2 will have new existing grades established for height and story
determination purposes;
7. The three outlots along Shoreline Drive intended as future potential dockage for Lots 1 through 3
are discussed, noting that this plat approval does not approve use of those outlots for dockage, but
requires separate City and MCWD review and approval.
8. The standard easements for wetland protection are required; the small wetland being filled for the
road extension technically requires approval by MCWD, is not expected to require mitigation
under the deminimus rules, and under Orono Code is required to be removed from the Wetland
Overlay District. This process would occur as part of final plat approval;
9. Removal of the existing cul-de-sac wings is to be decided prior to final plat approval;
10. Minnehaha Creek Watershed approval of the stormwater management plan and facilities will be
addressed and adhered to;
11. Recommendations of the City Engineer regarding stormwater management and other topics shall
be addressed and adhered to;
12. Park fee of $16,650 and stormwater and drainage trunk fee of $23,040 are established;
13. Final design for retaining walls will be required;
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14. Development agreement and letter of credit will be required.
Gaffron noted also received late today was a letter from Mark Gronberg, a letter from Bruce Markelson,
and one additional condition proposed by the developer. Staff recommends approval of the resolution.
Levang asked if the developer has proposed the additional condition.
Gaffron indicated that is correct.
McMillan asked if there will be three or four outlots_
Gaffron stated the developer is proposing three, but all four lots will have access and abut Tanager Lake.
At this point only the large parcel has shoreline along Smiths Bay. Gaffron stated the question is whether
it is reasonable to split it into three separate outlots so each of the three new lots that abut Tanager Lake
will have the potential opportunity for a dock.
McMillan asked if the main house would have access.
Gaffron stated it would not.
Michael Steadman, Development Consultant, stated he and his development team have read the staff
report, the proposed resolution, and the memo from the consulting engineer, and the comments from the
public made at the last Council meeting. Steadman indicated he will ask Mark Gronberg to specifically
address the memo written by Mr. Erickson and how the issues raised are inaccurate and incorrect.
Steadman stated the City Council also received a letter from Mr. Gronberg last Friday.
Steadman noted Mr. Gronberg has been involved in 100 subdivisions in Orono and works well with Staff
in following the process for preliminary and final plat phases of the approval process. Steadman stated he
had several meetings with Staff months before submitting the application and that they knew the
expectations of the City ahead of time as to what was required to move forward. Steadman stated he is
not sure how may meetings Mr. Erickson has had with Staff, if any, regarding this proposed subdivision
in order to support his claims of an incomplete application. Steadman stated he is sure Staff would have
shared with him the long-established process and protocols. Steadman stated if Mr. Erickson had met
with Staff, he would not have made most, if not all, of his comments in his memo and in his statements to
the Council at the last Council meeting.
Steadman noted they were not present at the last Council meeting but that he has read the minutes from
that meeting. Steadman stated there was also a statement by a person in the neighborhood that they have
been misleading and giving inaccurate information, which is just flat out wrong. Steadman stated that
would be unethical conduct and they do not conduct themselves that way. Mr. Steadman stated as has
been addressed in the past Council meetings, they have gone above and beyond the normal requirements
to accommodate the neighborhood with procedures and ideas to help lessen and eliminate the possible
and unsubstantiated inconvenience and stated concerns about future construction traffic.
Mr. Steadman stated they have been transparent from the beginning regarding their information and have
not objected to those who have walked the property without permission. In addition, information has
been supplied from several experienced engineers, contractors, custom home builders, and recently a
letter from the Fire Chief on how any temporary road up and down a steep slope is simply unsafe,
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illogical and contrary to the City's ordinances and policies. Large vehicles or small, there is no difference
due to the requirements for the City or the Fire Department for a 20 -foot roadway to be installed.
Steadman stated he would ask the Council to move forward with the resolution approving the preliminary
plat. As was mentioned, Steadman stated he did have permission from the Jacobs' family to add an
additional condition. This condition has to do with being proactive with the police chief and the
community service officer with regard to traffic during school bus timing. The condition is as follows: A
contractor shall provide the Orono Police Chief with projected delivery and traffic construction schedule,
including any estimate of the number and types of vehicles during the school bus timing. Based on the
projection or actual observations on Heritage Road, if the Orono Police Chief believes that the level of
construction traffic from the construction of the extension of the road and/or construction of one or more
of the homes poses an imminent threat to the safety of the children who are boarding the bus during the
school year, he may arrange for a community service officer to be present during that specific period of
time and the applicant will pay for that time, with a cost not to exceed $50 an hour, unless there is
credible evidence that shows that the following threshold is not low enough. The level of construction
traffic that would be required for the presence of the CSO shall be at a minimum of five vehicles during a
specific half hour time period when the school bus normally arrives, picks the children up and leaves
Heritage Lane. Any such threshold may be waived by the police chief if there is an imminent threat to the
safety of the children or others on Heritage Lane due to construction traffic during that half hour period.
Steadman stated that is another protocol that they have put in place.
Printup asked what that half-hour period is for the proposed additional condition.
Steadman stated it would be during the time the bus picks up or drops off the children.
McMillan asked what they plan to do with the outlots.
Steadman stated they will address that with the LMCD at the appropriate time. Steadman stated the key
objective is if any of the future homeowners did have a large boat, there would be the capability to keep it
there. The Jacobs may want to keep a dock or they may not, but at this time they are proposing only three
outlots.
McMillan asked if they would be tied to a specific lot.
Steadman indicated they would not be.
Walsh stated the developer has done a great job and the residents on Foxhill have done the same thing but
that the two parties are coming from a different perspective on what they view as their concerns. Walsh
stated he does not want it to digress into anger.
Walsh stated he is hearing Mr. Steadman state that even if it is the small trucks with the workers, he does
not want them to go through the Jacobs' property whether they drive down the gravel road or park up at
the roundabout and walk down.
Steadman stated that is correct.
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Walsh noted there are a number of communities that prohibit construction on Saturdays and Sundays
since that is when the kids are on the streets_ Walsh asked whether Mr. Steadman would be willing to not
have construction traffic on Saturdays.
Steadman asked if that would be in addition to the limited construction hours of 8:30 to 4:30 during the
week.
Walsh stated it would be.
Steadman stated he believes they would be open to that.
Printup stated he is concerned with the 8:30 to 4:30 hours because there would be two or three buses that
would go through during that time. The last morning bus would go through at roughly 8:30. Printup
asked whether those hours could be 9:00 to 2:00 to avoid all bus traffic.
Steadman stated the new protocol with the officer would help maintain traffic in the morning and that the
majority of the construction vehicles would come to the site in the morning. Steadman stated in his view
those hours would be a little too restrictive if they also not allow work on the weekends. Steadman stated
in his opinion it is putting a lot more demands on the contractors than would be realistic and that in his
view the 8:30 to 4:30 is reasonable.
Printup asked if someone could check with the school district to make sure that 8:30 is late enough for the
morning bus run. Printup stated the protocol sounds like it would work with the bus system but that it
could perhaps be tweaked.
Steadman noted they also plan to put together a schedule ahead of time and communicate with the
neighborhood on the schedule as to when the grading contractors and other construction vehicles will be
coming to the site. Steadman stated the neighbors will be made aware of the schedule, and if it changes,
what the new schedule will be.
McMillan asked if a painter who shows up in his own car would be considered construction traffic
Steadman stated typically a custom home builder will have a schedule for the month and that they will
attempt to get that at least two weeks to a month ahead of time even if it is a painting contractor.
McMillan stated she is trying to get a handle on the words construction traffic since a number of the
workers will show up in their own vehicles.
Steadman stated they want to try to work and communicate ahead of time with the neighbors and that
should make a difference. Steadman stated the contractors will also be made aware of the protocol.
McMillan stated given the short construction season in Minnesota, they have to be able to get the people
in to get the work done quickly. If it is made too difficult to get the projects done in a timely manner, it
might be counterintuitive.
Steadman noted they would also need to work around the road restrictions as well
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Mark Gronberg, Surveyor, stated there were ten items listed in the memo from the neighbors' engineer
and that he would like to respond to them. Gronberg stated in his view Mike Gaffron adequately
addressed the cul-de-sac length.
The second item related to the pond sizing and calculations. Gronberg stated some preliminary sizing has
been done for the preliminary plat and that the lot is 3.23 acres and the area to the normal water level is
0.15. Gronberg stated you normally subtract the area and the normal water level to determine the size of
the holding pond and that in their view there is plenty of room there. Gronberg noted typically the exact
size of the pond is done at the final plat phase. In addition, the houses are 400 to 500 feet away from the
OHWL.
The third item raised by Mr. Erickson was the Minnehaha Creek Watershed District and infiltration.
Gronberg indicated he is well aware of the MCWD's infiltration requirements and regulations and that he
has worked on numerous projects with the Watershed District in this area. Gronberg stated on projects
like this, the infiltration area is usually incorporated into the pond so there is not a separate infiltration
area. Gronberg noted there was a question regarding the number of trees that will need to be taken out
for the pond and in their view there will be approximately 30 trees taken out related to that.
The fourth item had to deal with the wetland. The wetland on the site is a forested Type I wetland.
According to a memo from Beth, Brown, the wetland consists of 1,000 square feet deminimus and that
they have discussed the wetland at a meeting with City Staff. Staff felt there was adequate drainage area
to maintain the wetland characteristics of the remaining part of the wetland.
The fifth item was a request for a tree survey. Gronberg stated normally the contractor is not asked nor is
it required to do a tree survey of the entire property. Gronberg stated they have addressed areas under the
Conservation Design, created buffers in for tree preservation along the perimeters and in the bluff areas.
In addition, the developer is working on covenants regulating the number of trees that can removed and .:
replacement plan if they go over that.
The sixth item related to the alternate access. Gronberg noted there was a plan provided by the
neighbors' engineer that showed cutting way up into Irwin Jacobs' auto court, which would cut off his
whole cul-de-sac where he goes in the door and has deliveries. The plan shows the road going down at a
10 percent grade but then it has 2:1 side slopes, which are very steep. The Consulting City Engineer
believes that would be very tough to control erosion. There was also a comment that only one tree would
be removed, which isnot true. Gronberg noted there are trees right up to the existing trail and that they
counted maybe 25 to 30 trees right at the beginning that would have to come out, which is also not taking
into account the letter from the fire chief who said that he would want a 20 -foot wide road, which takes
out quite a few more trees on the whole service road access.
The seventh item was the need for a ghost plat, which is not a requirement of the City of Orono and was
not asked for. Gronberg indicated they have been meeting with the City for almost two years on this
project and that they did some alternate layouts that showed more lots. Gronberg stated every one of
them showed a road coming in from Shoreline Drive to the south of the existing house and then another
road using the Heritage Lane right-of-way for the lots to the north because they are two different
elevation points. Gronberg noted back in 1965 it was also suggested that that road be built, so some
previous councils had the same idea.
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The eighth item related to sanitary sewer, which is normally done at the final plat stage. Gronberg
indicated he has talked to Staff about that and that they are probably going to use the same type of injector
pumps for the three houses. Gronberg stated they are prepared to bore a lot of the lines in order to save
trees, which is the main goal with the sewer line and will be done with the final plat approval.
The ninth item related to the drain fields. The proposal is to have three new lots with a low pressure
sewer system as well as Irwin Jacobs' house. Once those are hooked up, the Jacobs' drain field would be
removed.
Gronberg stated as it relates to Hennepin County's response to using the existing Irwin Jacobs' driveway,
he has spoken with Steve Grone at Hennepin County and he strongly recommended using Heritage Lane
with the turn lane. Gronberg indicated he has done a hundred subdivisions during the 50 years he has
been in business and that he has worked closely with Staff and the various agencies on those subdivisions.
Walsh stated he would like to clarify the issue with Hennepin County. Walsh indicated he spoke with
Mr. Grone about 15 minutes after he spoke with Mr. Gronberg and that Mr. Grone indicated he was going
to tell Mr. Gronberg the same thing, which is that there was no guarantee that they would approve or not
approve using that road.
Gronberg stated their strong recommendation is to use Heritage Lane.
Walsh stated he was told Hennepin County takes into consideration the applicant and the neighborhood
and have three people look at it. Mr. Grone indicated nothing is guaranteed and that they take everybody
into consideration. Walsh stated Mr. Grone also said at that point they do not police it, which is basically
the same conversation that he had with Mr. Gronberg. Walsh stated it all depends on the perspective of
who is talking to him and that they may say what the person wants to hear, which could be a little
misleading.
Gronberg asked why he would send him an e-mail saying that.
Walsh stated he does not know how Mr. Gronberg broached the question.
Gronberg indicated he spoke with him numerous times.
Walsh stated he wants to make sure because the process is more complicated than calling him and getting
an e-mail and that additional information would be taken into consideration when Hennepin County
actually reviewed the request.
Bruce Malkerson, Attorney -at -Law, stated he is appearing tonight on behalf of the applicant. Malkerson
noted he submitted a lengthy letter late this afternoon, which he apologizes for, but that he was not able to
submit it any earlier since Staff's report came out late Friday afternoon and he had to meet with his client
prior to submitting it.
Malkerson stated on Page 2 of the letter there is an overview of the legal principles that relate to two
questions. The first question is whether the applicants comply with applicable law related to the proposed
construction activity, whether that is on the extended road, on the road leading to it, or with any of the
activities within the three lots themselves. Malkerson stated what has been agreed to is contained in the
draft resolution. On the bottom of Page 2 is another added another condition which refers back to some
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discussions the Council had a few weeks ago relating to speed bumps. The applicant would be willing to
provide speed bumps if anyone on the City Council, the residents, or the police department feel they are
necessary. Malkerson stated all of this totals all sorts of conditions that in his 42 years of experience he
has never seen before as it relates to the construction activities for a public project and certainly not for
the construction of three homes. Malkerson stated his clients were willing to do it and that they will stand
by that offer.
On Page 3 it points out that the ordinances of the City do not require any of these things. There is an
ordinance concerning the hours of operation of certain equipment, such as diesel or gas -powered
machines or equipment. Malkerson noted his client has agreed to more stringent hours than what is
commonly allowed.
On the top of Page 4, it talks about that in addition to that ordinance, there are different sections that talk
about the regulation of streets, sidewalks and other public places. Malkerson noted there are no
restrictions anywhere relating to what his client is proposing to do. Malkerson stated there has never been
any restriction on what they are proposing to do even though these ordinances address at length the use of
public roads and the type of vehicles that can travel on them and the weight of those vehicles. Malkerson
stated there are exceptions called out in these ordinances as to the weight of vehicles for residential use or
for a project in the City because the drafters and enforcers of these ordinances understood at some point
there is a need for heavy trucks to be traveling on the public/city streets in order to have construction.
Page 5 notes that the application fully complies with the City's subdivision ordinance. Malkerson stated
all aspects are complied with and that the applicant is willing to agree to the conditions even though they
are not required by the ordinances. Malkerson stated given all of the ordinances that the City has on the
use of public streets, these are the ordinances that apply, and they will comply with them. The
subdivision ordinance says they shall comply with other ordinances of the City, but it does not say
anywhere in the subdivision ordinance or in any other ordinance that the City can require the developer to
construct a separate construction road. Malkerson noted there is no requirement for that in the
subdivision ordinance and he does not believe the Council should be led to believe that they have that
authority.
Malkerson stated Page 7 assumes that the City could interpret the subdivision ordinance that way. Even
if that was the case, all of the traffic experts have said the use of the current road is safe now and will be
safe during construction, and therefore there is no rational nexus between requiring a road going up and
down a steep hill that has to be 20 feet wide. Malkerson stated there is no nexus or relationship between
any power the City has in the subdivision ordinance and the ability to require such a road. The policies of
the MCWD also say that you should not be disturbing those areas since they do not want to put at risk
those bluffs.
On the bottom of Page 9, there is a summary of what the expert traffic consultant has said concerning this
matter. His comments have been set forth in the minutes and are set forth in the letters from the
consultants. The City Engineer and the City's consulting engineer have stated that the road is safe now
and will be safe during the construction activity. The applicant's traffic consultant has also provided
lengthy testimony to the same effect.
Malkerson stated it comes down to two questions: Does the applicant comply with the City's ordinances
relating to streets, and the answer is without a doubt yes. Does the applicant comply with the City's
subdivision ordinance, and the answer is inescapable that they do indeed. Malkerson stated they would
Page 21 of 41
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Monday, November 23, 2015
7:00 o'clock p.m.
ask the City Council to approve the proposed resolution with the additional condition that Mr. Steadman
stated earlier and the additional condition of the speed bumps if the Council so chooses.
Printup stated he is just trying to think of the bus routes in relation to the construction traffic. Printup
noted he had suggested 9:00 to 2:00 earlier and that Mr. Steadman felt that was too restrictive. Printup
asked if he would be okay with 8:30 to 4:00.
Steadman stated he would be open to that.
Levang asked if Saturdays are off the table.
Walsh noted Mr. Steadman had indicated he would be open to that.
Levang stated the Council would need consensus on those two points and that there should be some
discussion on it.
McMillan noted there has been quite a bit of discussion on this application in the past, as well as two
weeks ago, and that she would ask the public to comment on something that has not been said before.
McMillan stated in her view the Council would like to make a decision on this tonight but that she would
open the meeting up for any kind of response that did not happen two weeks ago.
Steven Brynes, 1025 Heritage Lane, stated he is not an engineer and not a lawyer, but a person who loves
his neighborhood and the land. The homeowners association has never been in opposition to Mr. Jacobs'
right to develop his land, but in the original Planning Commission requirement, Item No. 3 asks if any
alterative feasible route has been evaluated. Brynes stated there has been some wonderful prose from the
developer's experts who continue to talk about how they should be allowed to bring the traffic in the way
they are proposing but that he does not believe the fundamental question from the Planning Commission
has been addressed.
Brynes stated in regard to the specific comments from the letter submitted by Mr. Erickson, there are still
gaps in what Mr. Groniberg has been reporting back to the City Council that bear some further discussion.
Brynes stated as they talk about the cul-de-sac variance, it is his understanding a variance is required to
proceed.
Gaffron stated that has never been a question.
Mattick noted that is something that happens at final plat.
Brynes stated if the variance is intended to be granted, given the number of houses that would be added to
the extension, Staff's report states it would result in a minimal safety issue and that therefore the variance
should be granted. Brynes stated in his confused mind, he would argue that by the City's own argument,
creating a road that goes from Shoreline to access these properties is no different than granting a variance
from Heritage and that there would only be four houses accessing that road. Brynes stated by the City's
own argument, that alternative road would be even safer than extending Heritage Lane. Brynes stated to
his knowledge that question has not been fully addressed to satisfy the issue.
Items 3 and 4 are in regard to impervious surface. Brynes stated given the visibility, when he hears the
respondent say that they understand the issue and they will address them later, it raises the question of
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why they are not addressing it now. Brynes stated he is confused why the City is not now reaching out
and speaking directly to these agencies to make sure these permits will be granted.
Brynes stated their engineer reached out again today to the MCWD and the City on those issues and he
still has not gotten a response from the City. Brynes stated there has never been a request to the MCWD
for review of the application and that it is not clear whether the MCWD will approve this. Brynes
questioned why the City is rushing to judgment to approve this without their input and all the facts have
not been evaluated.
McMillan requested Staff address the issue raised about the MCWD
Gaffron noted there has been discussion between the applicants and the Watershed District. Staff has
copies of those e-mails that have gone back and forth. In addition, the Watershed District typically does
not want to get deep into a review process until there is preliminary plat approval because they do not like
to do their work twice. All the preliminary discussions that have occurred to date suggest that the
MCWD is not going to have ars issue with this subdivision. Gaffron noted most of the things that the
residents' engineer put forward are things that are done at a final plat stage.
Brynes stated he understands that, but once the genie is out of the bottle, it cannot be put back in. Brynes
stated there is a line that needs to be drawn here in understanding what the issues are, especially given the
size of the homes. Brynes stated these are major homes going into one of the last Big Woods stand left
on the lake and that this is about going above and beyond the minimum to ensure the City does the right
thing. The MCWD has reached out and offered to take this one but they have not received any response
from the City upon the MCWD's inquiry.
As it relates to the tree survey, Brynes stated this is a minor issue, but the misdirection is when they talk
about the specific issues that need to be raised, there are additional trees that need to be removed around
the retaining wall. Brynes stated in their opinion, as the retaining wall is built, there will be additional
trees that will have to be removed, and there has been no response that addresses that issue. On multiple
occasions the questions of the residents' engineer have not been responded to. Brynes stated there is still
the open issue of whether additional trees will need to be removed as a result of the retaining walls.
Brynes stated when they talk about alternative access, he again goes back to the requirement of the
Planning Commission to seek an alternative access to the site, which has not been properly evaluated.
Brynes stated what is stunning is the response that contractors would have to come through the Jacobs'
property, which would cause incredible disruption to his guests and delivery vehicles, and is using the
same argument that the residents are using. Brynes stated when they talk about the needs of many versus
the needs of one, the burden continues to fall onto the 48 neighbors of Foxhill that will have to deal with
it every single day. Brynes stated the applicant's argument that Mr. Jacobs would not be able to access
his house is nothing but over the top since that is the same issue they have been talking about.
Brynes stated when he thinks about the idea of a master plan, this is an enormously important piece of
land, and in the applicant's own words, the sketches for the property have always had an extension of
Heritage Lane. Brynes stated after two years of discussion, his question is why has not the question of
alternative access been evaluated. Brynes stated that is part of what a master plan is all about and the City
should be considering the long-term development of Lot 4 and how it will access Smiths Bay. Brynes
stated the City should be finding out the answers to these questions before giving approval.
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7:00 o'clock p.m.
Brynes stated another issue that is unanswered relates to the existing drain field. The residents' engineer
has said that design and location for an alternate site for the system should be shown that does not impede
upon the building site. The November 18 response makes no mention about the existing septic field
impeding on the location of the current site. The question is whether the developer is prepared to not
develop that site until Lot 4 is connected. Brynes stated the response on the 18`x' does not address that
specific issue.
Brynes stated the final point relates to the Hennepin County recommendation. As Councilman Walsh
pointed out, he had a conversation with Steve Grone. Another member of the homeowners association
has also spoken to Steven Grone, and what he came away from that conversation is vastly different than
what the e-mail implies. Brynes stated it might not be a misrepresentation but that it is an attempt to use
the information to bring their case forward in the best of light, which is what the residents are also
attempting to do. The Council's job is to make a decision on what the final answer should be.
Brynes stated he would ask that the discussion and approval be tabled so the Council has the time to do
the necessary fixrther consideration on their own. Brynes stated there are enough issues that seem to be
unanswered, and even in talking to relatively the same people, the residents are getting different
responses. Brynes stated this is something that the residents will live with forever and that they want this
to be something they can look back on 25 years from now and say the City did the right job. Brynes
stated in his view the City is rushing to approval before the Council has had the time to make thoughtful
and considerate decisions.
Dennis Libby, 1000 Heritage Lane, stated he is here tonight to give the Council some additional
information. Libby stated he does not need to remind the Council that in a democratic process and good
governance, they are obligated to serve the good of the many over the good of the few. Libby stated they
often forget to ask, when they have these discussions, is not whether the City of Orono and the developer
have the right to use Heritage Lane for access but whether it is the right thing to do at all.
Libby stated he took part of his afternoon today to take a couple of still photographs of the entrance and
exit from the Irwin Jacobs' property and provided those to Staff. The Council has already seen the video
showing the school bus going down Heritage Lane. Libby stated the first picture is a panoramic view
looking out to County Road 15 from where the Heritage residents would typically have their dock system.
As you look to the left, you can see one of the monuments. Libby stated this is an obstructed corner and
that the line of sight from this spot is dramatically poorer than it is from Irwin Jacobs' driveway.
The next photograph shows the approach from the Irwin Jacobs' driveway, which has a longer line of
sight than the Foxhill residents do at their entrance.
Libby noted Exhibit D is the correspondence that has been mentioned on a number of occasions, which is
an e-mail correspondence from Steve Grone at Hennepin County. Libby stated during his conversation
with him today, he made no leading comments but simply referred to the 1700 Shoreline Drive property
address. In the e-mail, Mr. Grone indicated that Hennepin County would require that the construction
traffic use the existing city street, Heritage Lane. Libby stated when he asked Mr. Grone if he recalled
that conversation of October 21 with Mr. Gronberg, he indicated he did. Libby stated he then asked
Mr. Grone if he were knowledgeable of these two alternatives — the Heritage Lane access and the Jacobs'
property access. His answer was that he has never been on site or done any research because he has never
been approached with an application, which is contrary to what the City ordered originally when they
requested that an alternative road be explored.
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7:00 o'clock p.m.
Libby stated his point and premise is, in orchestration with Steve Brynes' remark, the Council does not
have enough information to make a prudent decision of governance based on the good of the many
outweighing the good of the few. Libby stated the City really needs more time to look at this and that in
particular they should ask whether Hennepin County has any authority for requiring the use of the Jacobs'
driveway.
In addition, the developer has never really educated the Council or brought forward the scope and
magnitude of these homes. Libby stated Mr. Steadman has mentioned to him that maybe they will not
build big houses. Libby stated someone does not invest a million dollars in a 3 -acre lot to build a small
home and that these houses more likely will be 12,000 to 16,000 square foot homes. Libby noted that
type of home is not built in six months and that the Foxhill residents are looking at a potential of three to
six years of open-ended construction activity consisting of roofing, concrete, flooring, and framing. In
addition, the construction will likely will require some type of crane construction.
Libby noted Heritage Lane already cannot accommodate the school bus passing a maintenance truck and
that it will be very difficult to traverse Heritage Lane if there are cars parked along the side of the road,
especially during the summer when the residents are parked there so they can access the dock.
McMillan noted the white house on Heritage Lane got torn down and rebuilt approximately eight years
ago and that their driveway was off of Shoreline. Hennepin County did not want the new driveway to go
onto County Road 15 and they told the City so. The City ended up keeping the driveway where it is.
McMillan stated Hennepin County makes strong recommendations on what they feel is right and that they
want the traffic properly managed. McMillan stated she does not want to get into what Hennepin County
says as being set in stone and that they make strong recommendations, which does not mean they cannot
be overridden by the City. McMillan stated when Hennepin County looks at this situation, they look at
the fact that Heritage Lane has a turn lane, which they deem as being safer.
McMillan stated the City respects what Hennepin County says about their roads and that the City respects
what other agencies have to say. McMillan stated she would like to leave it at that and not get into what
was said to whom.
Libby stated the statement that was made this afternoon by the Hennepin County authority was that the
statement contained in the e-mail is a standard response and it has no intrinsic specific application to 1700
Shoreline Drive.
McMillan stated that is their response and that she will leave it at that.
Greg Coward, 1950 Heritage Lane, stated there have been two representations that he has wondered about
since he has gotten involved with this application. One was what the Mayor was just addressing.
Coward stated it seems to be that there is a difference between a Council saying it can be allowed versus
having it appear to everyone here in the audience that the County will not permit it and it is a done deal.
Coward stated if Hennepin County had refused access through the Jacobs' property, this would have all
been over months ago.
Coward stated the other issue is about the bluffs. Coward stated he never saw the platting of the ground,
and that when he heard about the bluffs, he assumed that the alternative road would have to go over the
bluff and then down into the area. Coward stated it was only afterwards that he found out that there were
Page 15 of 41
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Monday, November 23, 2015
7:00 o'clock p.m.
two bluffs and a valley through them, which was never presented to the residents. Coward stated even as
of today, that road exists through the valley. Mr. Steadman spoke about runoff from that. Coward stated
if there is a road today, there is runoff from that, and that perhaps the road could be fixed somewhat.
Coward stated it is not as though it is impossible but it probably has not been reviewed enough.
Coward asked whether they know that the cul-de-sac has to be in the place being proposed by the
applicant. If an alternative road is done, can that same cul-de-sac be in a different location and not be
1,750 feet long. Coward stated he has not heard any discussion about that.
McMillan stated the City Council did discuss eliminating one of the cul-de-sacs but that it was
determined it would be required. McMillan noted the City has approved a number of variances for longer
cul-de-sacs in the past. Generally when a cul-de-sac is built, the City wants it to be a private road and it is
maintained and plowed by the residents who live on the road. The City will allow longer cul-de-sacs
because they are privately owned. McMillan noted no precedent would be set by granting the variance
and that the City Council has actually talked about changing the code to allow longer cul-de-sacs since
variances are typically granted.
Coward stated in either case there is going to be a variance and that the choice is between having a
cul-de-sac that is 1,600 feet long or 1,750 feet long. Coward stated he is saying that has not been
addressed, which is another example of an alternative that has not been addressed.
McMillan asked if he is talking about a permanent road or a temporary alternative access road.
Coward stated it could be one for construction or permanent access.
Levang suggested the applicant address the issues that were raised by the residents.
Gronberg stated as it relates to sewer hookup, Lot 4 would be connected up at the time the system
becomes operational so there would be no impact on an existing drainage system. Gronberg stated they
will be using drainage walls to keep within the grading limits as much as possible to limit the impact to
the trees.
McMillan asked if there will be any tree loss on the neighboring property.
Gronberg stated they would like to keep the tree removal to a minimum.
McMillan noted there are some large trees on the neighboring property.
Gronberg stated there are some in the corridor and on the neighboring property.
McMillan stated there should probably be a replacement plan if something happens to those trees.
Steadman indicated they are agreeable to that.
McMillan asked at what point the City should see that plan for landscaping in the corridor.
Gaffron stated Staff would like to see it prior to final plat.
Gronberg noted that was discussed in a meeting with Staff.
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7:00 o'clock p.m.
McMillan stated it might be more difficult on Mr. Libby's property but that replacing the trees would be
nice gesture.
Libby pointed out the location of his home and the existing cul-de-sac. Libby stated that area currently is
a heavily wooded area that is highly elevated at the street end. In order for a roadway to be created, that
elevation would have to be dropped approximately 6.5 feet. In 2003, Mr. Gronberg was the
recommended design architect to modify his lot after his property suffered catastrophic flooding. Libby
stated when the flood occurred, he did not know what to do and that he approached the City and said he
would like to fix the grading. Libby stated Mr. Gronberg did the design and everything was done by the
book. Libby stated he had to bring in 185 yards of dirt to regrade and extend his lot out.
McMillan noted most of the Council has visited Mr. Libby's site and they are aware of the grade.
Libby stated when he brought in 185 yards of fill, it took 14 truckloads of dirt. Libby stated all the
engineered designed drainage that moves the water away from his house will have to be addressed,
modified and changed. Libby stated the Corps of Engineers also took a look at his property prior to even
a shovel of dirt being moved and that he complied with all the regulations. Libby questioned why this
project is not being treated the same way. Libby stated too many pieces of the puzzle are missing and that
the Council should look at filling those in.
Libby commented he has not tried to make himself self-centered or selfish but instead tried to be the voice
of the children and neighbors. Libby indicated he has received numerous calls thanking him for being the
voice of the people who often do not get consideration.
Libby noted just two weeks ago the Council had Hennepin County here at the bequest of the Metropolitan
Council to talk about a project beginning in January of 2016. Libby stated that will be one of the largest
sewer projects on County Road 15 to Orono Orchard Road. Libby stated in addition to what the residents
will be dealing with relating to this subdivision, that project will also cause major delays for the residents
trying to get in and out of their neighborhood.
McMillan stated to her knowledge they will be accessing off of Dakota Trail, but that if the project is not
done, the residents will not be living in their houses and that it is a necessity. McMillan stated the City
has to have good wastewater treatment infrastructure.
McMillan pointed out this is an example of what is called infill development, which means that the areas
surrounding this property are fully developed. McMillan stated due to that, these types of development
are very difficult. McMillan stated this project will obviously be much more impactful than simply one
house since there will be three lots being developed and trees will be removed. McMillan stated she does
not doubt any of the residents for being concerned but that this is what happens in an infill development.
McMillan stated people have a right to private property and they have a right to develop that property.
The City Council has a book of codes that they must comply with. As Mr. Malkerson pointed out,
everything in the code book allows them to do what they are proposing to do. McMillan stated the
applicants have legal access off of a public road in order to develop these three lots and they are not
required to create a temporary construction road on their property when they have legal access to the
northern lot on a public road.
Page 17 of 41
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ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
McMillan stated the applicants did not have to do so many steps to mitigate, but that they are offering
quite a few steps to mitigate. McMillan stated she does appreciate that and that in her view adding some
more trees to the corridor would also be nice way to mitigate the impact.
McMillan stated she would like to get through the idea of a temporary access road and get back to the
applicants' right to use Heritage Lane. McMillan stated the issue is not whether the property owner's
name is Jacobs or Jones and whether they live in a mansion or a cabin, but what she cares about is that the
property owner has legal access to develop that northern parcel off of Heritage.
Printup stated the burden undoubtedly falls on Foxhill. Printup stated people have aright to develop but
noted there is not a public road that goes through there yet. Printup stated in his view it is worthy to
explore an alternative route. Printup stated when they talk about concessions, he would like to thank
Mr. Steadman for being open to those and that it is a significant step to alleviating some of the concerns
of the neighbors. Printup stated in his view more concessions could be made.
Levang stated she has spent many, many hours reviewing this application and that she met with Staff
again today to review documents, including the engineering documents. Levang stated she has spent
many hours thinking about this application and what she would like and what is right. Levang stated in
her view she is an ethical person and that she works very, very hard at her job as a city council member.
Levang indicated she has walked the land, came out to meet with one of the residents. Levang stated she
does stand with the idea that Mr. Malkerson brought up about how in 1965 this road extension was agreed
to. The fact that a road was not built is not known. Levang stated she attempts to treat people the same
when she reviews applications and that she is very concerned about being able to walk away from this job
and feel proud about the decisions that she has made.
Levang stated this is a very difficult situation, but in her view at this point Mr. Jacobs has the right to use
this land and she does not have the right to say he cannot use it.
Council Member Cornick stated in his view the City Council cannot refuse anyone the right to use a
public road, which is basically what the issue is, and that is where he stands on this.
Walsh stated everyone has presented their case very well but he does not want this to be a situation where
everyone is mad at each other. Walsh stated a lot of very good questions that have come out of this.
Walsh stated he is in agreement with Council Member Printup that there is not a public road that services
this property yet and it creates an economic burden and an additional liability on the City to have this
road. Walsh noted it does need a variance to make it happen.
Walsh stated he would disagree with Council Member Levang that this is a difficult decision. Walsh
stated in his view there is a large burden being placed on the Heritage Lane residents and it would be a
small burden to require the construction traffic to go through 1700 Shoreline Drive. Walsh stated it is his
belief the applicant can somehow figure out how to make that work and that it would be a small burden
instead of going through Heritage Lane.
Walsh commented he appreciates the willingness of Mr. Steadman to consider not having Saturday
construction and potentially changing the time from 8:30 to 4:00 Monday through Friday. Walsh stated
everyone has to make some accommodations but currently all those accommodations are still going
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7:00 o'clock p.m.
through Heritage Lane. Walsh stated it would be a small burden to have the construction traffic go
through 1700 Shoreline.
McMillan asked if he is interested in the resolution before the Council tonight.
Walsh stated he would like to have some amendments to the resolution.
McMillan asked if he wants to include something on an alternative road.
Walsh stated he would like to include language to the effect that the low level truck traffic, not the big
trucks, will park up by the cul-de-sac and that they can walk down there or figure out how to create a safe
passage.
McMillan stated there would need to be a legal definition for low level. McMillan stated the Council can
vote on that idea of an alternative construction road, but without having a legal definition for how that
should read in the resolution, it would be difficult to approve it tonight.
Walsh stated it would not have to be a legal definition and could merely say that this is what can go down
Heritage Lane. Walsh stated they can call it dump trucks or go by vehicle weight.
McMillan stated that might be difficult to enforce. McMillan asked if Council Member Walsh would like
the developer to build a temporary construction road.
Walsh stated however they deem it reasonable and that they could either park at the cul-de-sac or figure
out another way to do it.
McMillan stated she is attempting to narrow it down.
Walsh stated he envisions five revisions: the addition of the speed bumps, the use of a public service
officer, changing the times of construction from 8:30 to 4:00, no construction on Saturday, and
construction traffic going through 1700 Shoreline defined by vehicle weight.
McMillan noted the current road at 1700 is a cart road and that they would be talking about a definite
upgrade. McMillan noted big construction vehicles would need to get in and out safely.
Walsh stated he is not suggesting how they solve that problem but that he is saying it should be
considered. Walsh stated he is not here to do an engineering report.
McMillan stated that is a significant thing.
Printup asked if Council Member Walsh is talking about dump trucks, cement trucks, cranes and earth
moving equipment.
Walsh stated that type of traffic would go through Heritage and that the smaller vehicles could use the
alternative access.
Printup stated he is in agreement with that and that it would be a concession on the part of the developer
that would help alleviate the burden on the residents.
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7:00 o'clock p.m.
Levang noted they would still need to build a road at 20 feet width according to the fire chief.
McMillan noted the heavy traffic would still be going down Heritage Lane.
McMillan suggested the Council vote on the idea of an alternative temporary road. McMillan stated she
would like to get a consensus among the Council on whether Heritage Lane should be used for all
construction traffic.
Walsh stated the main question is whether the worker level traffic will go through 1700 Shoreline Drive,
which is either a yes or a no.
Printup stated he would support that.
McMillan and Levang stated they would not support that.
Cornick stated the City would have issues with enforcement and that he does not support it.
McMillan stated the Council appears to be okay with construction hours being restricted from 8:30 to
4:00. McMillan stated the next question is whether construction on Saturday should be included.
Walsh stated he would like to see no construction on Saturday.
McMillan stated she is fine with no Saturdays when the road is actually being built, but once that is built,
in her view it would be okay for house construction on Saturday since they are further down towards the
lake. McMillan noted the construction season is short and that it puts a big burden on the contractors.
Levang stated the sooner the construction is done, the better for everybody. Levang stated she can see
restricting construction on Saturdays when the road is being built but that it should be allowed once the
road is completed.
Walsh stated he is for no Saturday during the entire construction period and that there will probably be
more traffic when the homes are being built.
McMillan stated she is thinking more about the earth moving and building of retaining walls, which
would be nice if it did not happen on a Saturday. McMillan noted the City has not been that restrictive on
other projects.
Walsh stated it is due to the conditions on the roadway in this neighborhood.
Printup stated he is in agreement with prohibiting construction on Saturdays.
Levang stated she would rather have it done in three years than five and that the majority of the
construction traffic will get to the site and then stay there during the day.
McMillan noted there would be no restrictions on construction on Saturday if a house is torn down on
Heritage and rebuilt. McMillan stated as far as the construction of the houses is concerned, if the
contractor would like to paint the house on Saturday that would be okay. McMillan stated in her view it
involves too much enforcement and too difficult to do. McMillan stated it would also cut down on
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precious time in the building industry and is not something the City typically prohibits. McMillan stated
she is fine with prohibiting construction on Saturdays when they are putting in the initial road and cul-de-
sac, but that once that is built, she is okay with Saturday construction.
Walsh stated he would be okay with no Saturdays for the whole deal given the number of kids in the
neighborhood. Walsh noted the workers would probably leave for lunch and come back, which will
generate more traffic.
Levang asked if this restriction should apply to other homes.
Walsh stated they are also talking about granting a variance for the cul-de-sac.
McMillan stated she would like some more information on the docks. McMillan stated she is not
comfortable at this point with platting the outlots.
Gaffron stated the question is whether there will be one outlot on the south side of County Road 15 or
whether there will be more than one. Gaffron stated if there are three outlots with the intention that they
have ownership either by Lot 4 or individually for potential future lake access, the issue is that Smiths
Bay is shallow. Gaffron noted he has talked to Mr. Steadman from day one about the outlots and whether
that is a place where someone will want to have a big boat that cannot go under Tanager Bridge.
McMillan stated she is concerned about whether it is being set in stone by approving the preliminary plat.
Gaffron stated they are not and that the Council can define how they want the ownership of that to
happen. Gaffron stated the three lots could have a joint dock or nothing. The LMCD and the City have
regulations regarding joint use of docks. Gaffron stated this is unique in that the properties are a quarter
of a mile away and there is no parking along County Road 15. Gaffron stated if they were to attempt to
park on Heritage Lane, they would have to go 500 feet down the road walking along the shoulder of
County Road 15 to access their dock slips. Gaffron stated the expectation of Mr. Steadman is that they
get in their small boat on Smiths Bay and then drive around to their big boat on the south side.
McMillan stated it is in the resolution, which is why she is addressing it tonight. McMillan stated the
Council could take it out of the resolution and deal with it separately, but that the way it is written in the
resolution, she is concerned it would be creating the three outlots. McMillan stated she is not comfortable
enough with it.
Gaffron stated the Council could change the resolution and make it one outlot rather than three.
McMillan asked if that area is an outlot currently.
Gaffron indicated it is not and that it is simply part of the property. Gaffron stated the road is an easement
created by Hennepin County, and based on the center line, there is land located on the south side of it.
Gaffron stated the City has outlots in all kinds of situations and that the Council has the ability to describe
what will happen within an outlot. In this case, since platting the property means that an outlot will be
created, that area is not buildable and the Council could say that it has to be platted with the property
located across the street.
Page 21 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
McMillan stated it is not the City's goal to be creating a new outlot unless there is a justification for it,
such as a previous historical justification or for lakeshore access.
Gaffron stated he would agree with that for outlots for lake access. Gaffron stated there are standards for
outlots as part of a PUD process. Gaffron stated the City does not have to allow it to be used for access
for boats that are not attached or owned by the lot.
McMillan stated she is not comfortable with the three outlots and that she is afraid by approving the
resolution tonight with that language in it the City will be giving the property owner the impression that
the Council is okay with it.
Mattick stated the City Council has to do something with it, and whether it is allowed to be one or three
outlots, that will need to be decided.
Levang asked whether they can apply for dockage for three or four people if it is an outlot of 1700
Shoreline Drive.
Gaffron stated if they apply for a multiple dock on a single long outlot, the City has a multiple dock
license that could be approved or denied. The LMCD could do the same.
Walsh stated one outlot could be created, with each property owner being given a piece of it along with
one dock.
Gallon stated that is what the Foxhill neighborhood has.
Steadman stated he agrees that issue could be dealt with later. The intent was to provide access by boat
only from Tanager Lake to those docks and that there would be no parking. Steadman noted the Jacobs
have a dock on Tanager Lake currently.
McMillan stated the main issue is what should be done with that parcel of land.
Gaffron stated if Mr. Steadman agrees to it, it could become one outlot. Gaffron stated it has to be platted
as an outlot.
Walsh stated it could be changed at final plat.
Steadman indicated he is in agreement with that.
McMillan noted that appears at Item 11 and on Page 7 under Item No. 1. McMillan stated on Page 8 the
construction hours should be restricted from 8:30 to 4:00 Monday through Friday and no construction on
Saturdays for road or cul-de-sac construction.
City Attorney Mattick asked whether they would be allowed to dig foundations.
McMillan stated that would be allowed. McMillan asked if Staff would prefer to bring the resolution
back.
Page 22 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
Gaffron stated he would prefer to bring back a resolution that reflects exactly what the Council's direction
is tonight. Gaffron stated what he currently has written is that road construction hours will be restricted
from 8:30 to 4:00 Monday through Friday, and when road construction is done, hours for house
construction are restricted from 8:30 to 4:00 Monday through Saturday.
Cornick stated in his view it would not make much difference.
Levang indicated she is in agreement with what Mr. Gaffron stated
Cornick stated he would be in favor of Saturdays after road construction is completed. Comick stated
there was also the issue with the Police Chief advising on the traffic. Cornick asked if there could be a
committee consisting of the Chief and a resident from Foxhill to make those decisions.
Mattick stated his concern is delegating decisions about public safety to a member of the public who does
not have the necessary knowledge and training required. Mattick stated he is not sure if it would make
sense to expand it beyond Police Chief Farniok.
Cornick stated it seems to be a lot of authority to be placed on one person and that it might be better to get
two opinions.
McMillan stated if it gets to be a problem, the Police Chief can approach the Council.
Walsh stated they could start with that and change it later if it problems a problem.
McMillan noted another proposed condition was the addition of speed bumps. McMillan stated once the
speed bumps are installed, they will likely not go away and will be permanent. There is also the question
of where to place them.
Printup stated if the developer is offering it, it can be in the resolution, but that they do not have to be
installed unless the City is approached by the homeowners association.
Walsh stated he is not sure whether the neighborhood wants them.
Levang stated speed bumps do create noise and that the City has had residents in the past saying they do
not want them located in front of their house. Levang cautioned the neighborhood to be very careful
about requesting them unless they understand the amount of noise they create. Levang stated there is also
the issue of whether they should be removed during the winter.
Walsh stated if they are requested, they should be provided, but that they should be the non -permanent
ones so it does not place an additional burden on the City when it comes time to plow.
McMillan stated the Council should just decide whether they should be installed or not.
Printup stated currently it is just a condition that is being offered and that the Council can either approve
or deny them if they are requested.
Gaffron stated he will include language in the resolution regarding the speed bumps.
Page 23 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
Levang moved, Cornick seconded, to table Application No. 15-3774, Michael Steadman on behalf of
Irwin Jacobs, 1700 Shoreline Drive. VOTE: Ayes 5, Nays 0.
(A recess was taken from 9:31 to 9:35 p.m.)
8. #15-3783 JOHN T. BESSESSENIDAVID DELANEY, 2465 SHADYWOOD ROAD AND
2500 KELLY AVENUE, SKETCH PLAN
John Bessessen, Applicant, and Tom Wasmoen were present.
Community Development Director Barnhart stated this is a revision to a sketch plan that was presented
about a month ago. The project shows 22 single family lots and last time 24 lots were proposed. Access
would be provided off of Shadywood Road, with no access proposed off of Kelly Avenue. The project
includes three different house styles. The larger homes would back onto Kelly Avenue with access to the
internal street. There would also be medium size lots and 45 -foot lots adjacent to Shadywood and
through the interior of the project.
At the last Council meeting, there was quite a bit of discussion regarding this project and the impacts to
Kelly Avenue, traffic, visibility from Kelly Avenue, flooding, and the tree line in that area. The
developer is looking for feedback from the City Council. The biggest question in the past has been the
proposed density. The zoning for the Shadywood Road parcel is B4, Office, and it is guided for mixed
use. For the Kelly Avenue parcel, it is currently zoned one unit per acre and is guided for two to three
units per acre in the Comprehensive Plan. There is a total of 4.3 buildable acres. The proposed
development would require a rezoning and a comprehensive plan amendment in addition to the
subdivision process.
Overall, the 22 units on 4.3 dry buildable acres yields 5.11 units per acre. For the Kelly Avenue parcel,
the proposed plan shows density higher than prescribed by the Comprehensive Plan, by the zoning
ordinance, and higher than suggested by the City Council at their meeting on October 12.
Barnhart stated the developer is in attendance tonight and would like the opportunity to present their
proposal.
Tom Wasmoen stated he hopes the Council had a chance to review the narrative he sent along with the
latest diagram. Wasmoen indicated they have also conducted another survey of the site.
Wasmoen displayed a number of pictures showing a combination of large and small trees along with
some brush and evergreen trees along Kelly Avenue. Wasmoen displayed some pictures of the home that
is being built next door. The next picture is of a barn that sits on the property that faces Shadywood.
Wasmoen stated they are considering using the barn as an iconic symbol for the neighborhood, such as
making it a clubhouse for the neighborhood.
Wasmoen displayed pictures of the property taken from Shadywood and Kelly Avenue, noting that it is
difficult to see the home that is being built even with the straight driveway and no vegetation blocking
that construction site. Wasmoen stated the project does not have much visual impact from Kelly, which is
an important point to note. Wasmoen also displayed pictures looking across the wetland and then across
the other side of the street.
Page 24 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
Wasmoen stated they have looked at how much area on the site would be protected in terms of tree
coverage. The sketch plan shows the undisturbed conservation zone, which stretches from Lund's along
Kelly Avenue. There would be a pedestrian path that allows the neighbors to gain access to the public
beach further down on Kelly Avenue. Wasmoen stated there would be no other access to Kelly Avenue.
The hammerhead would be minimized as much as possible but currently it is 75 feet from the end of the
property line. The ravine would be undisturbed and the dashed lines show the areas where the
construction would be.
Wasmoen stated they are attempting to not disturb as much of the lot as possible around the home pads.
Wasmoen noted the home pads will change shape slightly as they work on the plan. Wasmoen indicated
they will work around the existing vegetation as much as possible and that they have almost doubled the
size of the conservation zone.
In addition, two homes were removed, and instead of having six homes facing Kelly, there are only four.
The homes are still grouped down on the one end to help retain a large amount of vegetation but the sites
have been opened up slightly. Wasmoen stated the lot width has been increased from 40 feet to 45 feet
without changing the proposed size of the homes.
Wasmoen stated given the fact that they are maintaining the conservation easement in addition to as much
of the vegetation as possible, which will prevent these four homes from impacting the view from Kelly.
Wasmoen noted they will not be adding traffic onto Kelly and that they will be in control of all water
runoff on the site through rain gardens that will hold the water and direct it the appropriate way.
Wasmoen stated after hearing some of the conversation from the previous meeting, he would like to note
that any construction traffic that will happen will come off of Shadywood and not impact any of the
residents on Kelly Avenue. Wasmoen indicated he also had a conversation with Hennepin County
regarding the access point and part of the development cost would be to improve that access point
basically from the intersection at least down to this site in terms of widening the road and creating an
additional area for traffic control.
Wasmoen stated they are hoping to create a memorable development that will be attractive to empty
nesters and families. The homes will have living space that includes a master bedroom on the first floor
for the empty nesters and the two-story homes would have additional bedrooms and/or a family room for
families. Wasmoen noted the actual homes have not been designed yet but that they would set in place
design guidelines that would help create a cohesive neighborhood. Wasmoen noted he has provided some
photographs from an area of Orono and other architects who do this kind of home in the area. Wasmoen
stated in their view this development is very much in keeping with the overall quality level of homes that
are built throughout Orono and Navarre.
McMillan asked if the first row of homes on Shadywood will be on top of the ridge.
Wasmoen stated they have not done much engineering on the site yet, but their civil engineer has
indicated he does not have a problem with the slope and fitting the homes in there.
McMillan asked if it will be rain gardens or whether a storm water pond would need to be put in there for
that type of density.
Page 25 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
Wasmoen stated they can either do rain gardens or storm water ponding. Wasmoen stated they can also
do some retainage with a water vault under the road and that they would like to avoid ponding since they
are trying to protect the existing vegetation as much as possible.
Levang asked what distance it is from the first house to Shadywood.
Wasmoen indicated it is approximately 30 to 35 feet to the road from the property line. There would be
the boulevard, the trail, some green space, and then the first lot.
Levang asked if he will be mounting some signage or monument.
Wasmoen stated there will be a little street sign at this point and that they are not contemplating creating
an arched opening into the development. Wasmoen stated the little barn would be used for promotional
things.
McMillan noted there are a number of neighbors in attendance tonight but that she would like the Council
to discuss the sketch plan first.
Levang stated she likes the fact that the garages are in back along Shadywood, which creates more of a
neighborhood feel and a better streetscape.
Wasmoen stated it also allows the traditional front porch type of house.
Levang stated she is not at all in favor of the two 60 -foot and the four 45 -foot lots that are on the Kelly
side. Levang noted there are two parcels of land here but that she is not at all in favor of that density on
the Kelly side. Levang stated she would be willing to look at three to four houses on that piece of land
but that she is not interested in the other pieces for that parcel.
Levang stated when he talked about the church's new home, she would note that land is higher up and a
little bit hidden. Levang stated if he is talking about having those four larger lots closer to Kelly, they
will be visible. Levang stated in her view anything will be visible but especially if they are that close to
Kelly. Levang indicated she drove by the site today and it is an open view when someone drives by.
Levang stated she would like to see those three to four houses brought up closer and more in line with the
church's new house and that she is not in favor of the plan that is in front of the Council tonight.
Wasmoen stated they are trying to conform to the two to three units per acre that is asked for by the
Metropolitan Council.
Levang stated she is not in favor of that and that in her view the density is way off given the topography
of the land.
Walsh stated he looks at this as two separate and distinct parcels. Walsh stated in his view County Road
19 is a too highly traveled road to be having more residents trying to get in and out. The Kelly portion of
the property is part of the Kelly neighborhood and should look like that neighborhood. Walsh stated he is
in favor of three homes on that parcel and that it should access off of Kelly since it gets less traffic.
Walsh stated on the other parcel 12 homes is too many and that the number should be closer to seven.
Wasmoen asked what that density is based on.
Page 26 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
Walsh stated in his view that would fit better. Walsh stated in his view the side setbacks should all at
least be 10 feet and that 5 -foot setbacks are not good for anybody from a neighborhood standpoint.
Wasmoen commented the 5 -foot setbacks work in his neighborhood.
Walsh stated the beauty is in the eye of the beholder and that he would like to see 10 -foot side setbacks.
Printup stated he is in agreement with Council Member Walsh and that they are two distinct parcels.
Printup stated he has a concern with the traffic coming onto Shadywood and going through the more
dense area. Printup stated he is not sure he likes the style of the shared driveway concept and that he is in
agreement with the 10 -foot setbacks. Printup indicated he also is in agreement with fewer homes on the
Kelly side.
Cornick stated he would support three houses on the Kelly Avenue parcel and that he likes the other part
of the sketch plan. Cornick stated he can see three to four homes maximum on the Kelly Avenue side.
Walsh stated this is a great piece of property and that they can do something unique rather than trying to
jam in as many homes as possible.
Wasmoen stated every time they have presented to the City Council, the plan has gotten better.
McMillan stated the issue is the density. McMillan stated she wanted to look at a PUD since it would
allow for one access and would offer more protection to the trees. McMillan stated if this land is
subdivided into three or four one -acre lots, whoever owns the property can do whatever they want with
the trees except for what is in the conservation zone. McMillan stated the problem is that it is too dense
and that she would like the developer to look at it closer to see how they can accomplish a lesser number
of units and save more trees.
Wasmoen noted they have reduced it by two units.
McMillan stated the northwest corner is not where the better trees are located and that the better trees are
further south. McMillan stated based on what they are seeing tonight, it appears the Council is not
interested in this PUD sketch plan and that the developer should go back to two separate parcels and
developing them independently of each other.
Wasmoen asked if they can agree that the homes can be gathered at one end of the lot rather than spread
out over the lot. Wasmoen stated they are trying to protect the natural portion of the lot and that this end
is the more buildable end of the parcel.
Wasmoen stated one of the things they heard was not putting anybody back out on Kelly. Wasmoen
stated if they constructed homes on one street, there could be one access point. Wasmoen stated there has
been a lot of back and forth in terms of trying to reduce the impact on Kelly Avenue. Wasmoen stated
they can possibly take out four more homes and then pull some of the other homes back another 50 feet,
which would get everybody to a good compromise but yet still have enough units to create an HOA to
take care of the street and the landscaping and other common areas rather than trying to create three
separate homes and four separate homes. Wasmoen noted the guiding shows much higher density than
what they are proposing currently.
Page 27 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
Levang stated she is not so crazy about the walking path either.
McMillan stated the Council can discuss that later once the plan becomes further refined.
Levang stated she would prefer the PUD because that provides more control.
McMillan asked if he is still okay with the smaller homes.
Wasmoen stated the bigger lots are driving bigger homes. Wasmoen stated they are talking about a 1,500,
1,600 or 1,800 square foot footprint for a minimum home size. Wasmoen stated if somebody came in and
wanted it to be 2,000 square feet that would probably be okay, but that the PUD would allow some design
control over the homes.
Levang asked if he would be willing to commit to that.
Wasmoen indicated he would be.
Walsh stated he is talking about reducing it from 24 to 18 and that he is thinking of ten homes
Wasmoen stated there is plenty of room for the number of homes they are showing.
McMillan stated if they can show there are proper setbacks, they could build the homes.
Walsh stated his mental thought process is that there will just be more people trying to get out on County
Road 19, which is one reason for the two separate lots.
Wasmoen noted they would have to improve that access.
Walsh stated a vehicle trying to take a left-hand turn would have a very difficult time. Walsh stated he
would like to keep three houses on Kelly so the neighborhood is consistent and then reducing the number
on the other parcel.
Wasmoen stated there is a lot of room on the parcel and that in their view the homes would not be
jammed in there.
McMillan asked if anyone from the public would like to comment on the sketch plan.
Judy Fredrickson, 2507 Kelly Avenue, stated she would like to thank the Council for their consideration
on this matter and for responding to e-mails, telephone calls, and walking the property. Fredrickson noted
this is all about trying to preserve the unique character of a very unique street, which is exactly what
Orono's Community Management Plan talks about. The Community Management Plan states the City
should preserve the distinct rural lifestyle, natural resources, open spaces, and the local character and
identity.
In the Community Management Plan it says Kelly Avenue is zoned LR -1B, one -family lakeshore one -
acre zoned property. Fredrickson stated she is trying to find where the Community Management Plan
shows that there is a disconnect that needs to be resolved since it is clear as day and says single-family
one -acre zoning. Fredrickson stated when she thinks about the Council making a decision to change the
Page 29 of 41
MINUTES OF THE
ORONO CITY COUNCIL. MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
zoning, there would have to be a clear and compelling reason to do that. Fredrickson noted the Council
spends a lot of time talking about slight variances on a property and that this would be a major change.
Fredrickson noted Mr. Wasmoen also talked about the Metropolitan Council requiring two to three units
per acre but yet there is nothing in the City's documents that say anything but one -acre lots. Fredrickson
stated nothing has ever been presented in the past 18 months that says that.
Wasmoen noted it is contained in the guide plan.
Fredrickson stated they purchased their land knowing what was across the street and Mr. Delaney
purchased his land knowing what the zoning was. Fredrickson noted she was here one month ago with a
friend when he was requesting a 1 -foot variance and he was not given it. Fredrickson stated they are
again here talking about rezoning this land when it very clearly states in the plan that it is one -acre
zoning.
Fredrickson stated this is a very unique lot and is not flat farm land. Fredrickson stated the Council has to
let the land speak to them about what will fit on the property. Fredrickson noted this land is not flat, it
slopes, and it is not possible to excavate the area to make those homes fit in there like depicted on the
sketch plan.
Fredrickson indicated she also did some research on trees. Fredrickson stated she called the MN
Department of Forestry and also spoke with a friend of hers who has done a lot of development.
Fredrickson stated it does not matter if it is 24 units or 12 units and that when you are talking about trees
and excavation, a person has to worry about the root system and not just the canopy. The root system
goes out twice the tree's height. Fredrickson stated the bottom line is, when there are that many homes,
the land will be clear cut or the root system will be disturbed, which means the trees will die, and that she
would rather place her bet on three single lots if it will save all the trees. Fredrickson stated it is not a
guarantee that somebody will cut them down but that they would be a fool if they cut down them since
that is the best feature of the lot. Fredrickson stated it is disingenuous to say they will not be cutting
down very many trees.
Fredrickson stated the biggest problem with the sketch plan is that it should be accurate. Fredrickson
indicated she has been presenting materials for 35 years, and that when she gets an opportunity to sell
something, she knows she has to do it right since everyone's time is valuable. Fredrickson stated if she is
presenting for the seventh time, she has to be extremely lucky. Fredrickson stated the developer should
not come in with a drawing that is not to scale and that it is likely if someone parks in some of the
driveways, the back end of the vehicle would be sticking out into the street. The road is also not wide
enough for two cars to pass each other. Fredrickson stated they also cannot build that close to the
conservation area because there is a big drop-off. Fredrickson noted the bubble drawn on the sketch plan
supposedly represents the radius that is required by the City of Orono for a turnaround for fire and
emergency but that it is drawn to a quarter of the size. Fredrickson stated given the distance between
some of the homes, you can literally shake someone's hand in the adjoining house.
Fredrickson noted the ordinance says the garage must be 40 feet from the street, but yet the developer is
corning back in with a drawing that does not comply with that after 18 months of presenting this to the
City Council. Fredrickson stated the Council should be giving the developer feedback and saying that
they should not be wasting the Council's time.
Page 29 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
Fredrickson suggested the developer place three units on each side so they end up with nine units, which
would allow them to preserve some trees in the middle, allow for some green space, and then have the
driveways coming off the spoke. Fredrickson stated there should only be nine to eleven units but not 22.
McMillan noted the Council agrees with her on the density. McMillan asked how she feels about the
PUD versus the two separate lots.
Fredrickson stated if the developer would make it three homes on the Kelly Avenue side, she would be
out of here and that she really does not care about the other parcel.
McMillan noted if there is not a PUD, the Kelly parcel would be subdivided and there would not be a
restriction on the size of the homes with 10 -foot setbacks.
Levang noted there will also be additional trees cut if there is a driveway coming onto Kelly. Levang
some of the e-mails she has gotten say no driveway off of Kelly and others have said that it is okay.
Frank Mascerano stated when they purchased Mr. Nelson's property, there was an old shack on there that
they remodeled. The house is between 400 and 450 feet off of Kelly up the hill and that the 40 or 60 feet
the developer is proposing will not get the homes beyond the tree line. Mascerano stated he is all for
cooperating with the neighbors and that they have done everything they can to fit the new home into the
neighborhood. Mascerano stated he would support single-family homes on two separate lots and that the
density has to make sense.
Bob Ponzetti, 2545 Kelly Avenue, stated it is important that the house be set back as much as the house
that is currently being built. Ponzetti stated he is located across the street from this parcel and that he is
dead set against any kind of driveway on Kelly. Ponzetti stated in his view the plan as presented would
be intrusive.
McMillan stated the pastor's new house is low profile and fits in nice with the lot, which is an important
consideration. McMillan noted if the Council allows the Kelly lot to be subdivided into three lots, the
City will not have any control over the size of the homes, and if there is a PUD, the City would have more
control over the size and massing of the building.
McMillan stated she is okay with two separate lots and okay with exploring a PUD with only 12
maximum units on Shadywood and four houses on Kelly, with all the homes accessing off of Shadywood,
for a total of 16 homes maximum. McMillan stated that would also be contingent on if the Shadywood
homes can be shown to have enough setback from the mad and with significant tree preservation on the
Kelly parcel.
Walsh stated he would like to see two parcels, with three houses accessing off of Kelly, and no more than
four or five units per acre on the Shadywood parcel.
Printup stated he would add on to that the requirement of 10 -foot setbacks.
Cornick stated he likes the two parcels, with three houses on Kelly and eight at the most on the
Shadywood side.
Page 30 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
McMillan stated the developer can draw Shadywood out separately and then divide Kelly into one acre
lots. McMillan stated she is not sure how many units can fit on the Shadywood side and that it is
currently zoned for an office building, which would require a change in zoning.
Levang stated the recommendation from Metropolitan Council is four to five units per acre.
Barnhart stated the Comprehensive Plan shows it as a mixed use, which is 4 to 15 units.
Levang noted that would be 4 to 15 per acre.
McMillan stated it could be an apartment building.
Levang stated there is a gamble if it is not a PUD because it could be commercial, mixed use or
residential, and that the Council would have to rezone if it is not office use. Levang stated in her view
that is a big gamble. Levang stated she is agreeable with splitting it into two parcels and that she would
hope the driveway would be minimal at best on the Kelly side. Levang noted tree preservation would be
out of the City's hand.
Wasmoen stated they would need to start all over with their plans.
Levang asked if the barn is something that will be retained.
Wasmoen stated the barn is on the Shadywood side and that he is not sure what will happen to it.
Council took no formal action on this item.
9. #15-3780 MICHAEL AND LISA LARSON, 3596 SHORELINE DRIVE, CONDITIONAL
USE PERMIT
Barnhart noted two weeks ago the Council agreed to grant a conditional use permit for The Woofington
and directed Staff to draft an approval resolution. A resolution has been drafted and is before the Council
tonight.
Walsh recommended the resolution be amended to require a state license from the State Board of Animal
Health. Walsh indicated he has forwarded information on that license to Jeremy and that it is a yearly
state license.
Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6561, a Resolution Granting a
Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-644, Subsection 11
Through 13, with the addition of Item No. 11 requiring the applicants obtain a license from the
Minnesota State Board of Animal Health.
McMillan stated she still has some concerns with the close proximity of this facility to the neighbors but
that she will vote in favor of the resolution because it includes everything that the majority of the Council
felt was important to address the concerns raised by the neighbors.
Walsh stated he would echo those same comments.
Page 31 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
VOTE: Ayes 5, Nays 0.
10. #15-3789 THE BROADWAY GROUP, LLC, ON BEHALF OF MICHAEL FEGERS,
3590 NORTH SHORE DRIVE — VARIANCES
Willie Abbott, the Broadway Group, LLC, was present.
Gaffron stated the applicant's initial request was for variances for front and side yard setbacks in order to
reconstruct the home on the same footprint, plus a minor expansion lakeward and addition of a deck.
Due to a lack of detail with regard to contour lines and the OHWL with the initially submitted survey, the
applicant was directed to submit an updated corrected survey prior to Council review. The new survey
shows that a portion of the existing house is located less than 75 feet from the 929.4' OHWL contour and
encroaches past the defined average lakeshore setback line. The result is that the house cannot be moved
farther west to increase the east side setback without encroaching further past the 75 -foot lakeshore
setback.
The Planning Commission voted 4-0 to recommend approval subject to the applicant providing a new
survey meeting City survey requirements before Council review and, two, if the survey indicates any
flexibility for increasing east side setback, and if existing foundation is determined to not be reusable,
then move the house westerly to reduce or eliminate the east side variance request.
Gaffron noted Staff has published for a public hearing today for the December 14 meeting to deal with the
average lakeshore and lakeshore setback.
Planning Staff recommends approval of side and street setback variances and the Council should provide
direction to Staff regarding the newly -identified lakeshore and average lakeshore setback variances.
Printup asked what the property is to the west of this lot.
Gaffron indicated it is the lake and that this is the last house on the end. Gaffron stated the two lots were
combined in the past.
Willie Abbott, Applicant, stated they would like to remodel the existing home and bring the home up to
existing code. Abbott stated they strive to create lower priced homes with current design features and
finishes within the Orono community. The front and side setbacks would be no closer than what they are
currently.
One of the main code items is that the basement is substandard and that they would like to increase it to
eight feet. Abbott stated they would like to reuse any existing concrete that is usable based on an
engineering review. The back portion of the foundation cracked and fell down. The house was
subsequently jacked up and fixed, but that he would like to dig it out and push the foundation back three
feet. Abbott stated the plans show a cantilevered perimeter of the house and not the foundation portion of
the house.
Abbott stated there is also an existing screened porch with a roof over it. The survey depicts that on
there. Abbott stated he would consider that structure of the home. The existing structure currently goes
out farther and they would actually be bringing the structure farther away from the lake.
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Monday, November 23, 2015
7:00 o'clock p.m.
As it relates to the rear lakeshore setback, the deck is the big issue and the survey was inaccurate that was
in the file. Abbott indicated they attempted to shrink the deck down as much as they could and moved it
over to the east. Most of the setback encroachments are dictated by the Hennepin County and city -owned
lot. Abbott stated because there is not a home on that lot, the impact from the deck should be very
minimal.
Abbott stated they are not going to be rebuilding the garage and would like to leave that at the 931.3'
elevation. Abbott stated he realizes it is low but that they would be able to offer corrective measures by
constructing some type of weir. Abbott noted the 100 -year flood mark weir would protect that part of the
house.
Abbott stated the home would not really alter the existing character of the neighborhood since there are
six other ramblers in that neighborhood. Abbott stated he hopes the Council can make a decision based
on what is in front of the Council tonight rather than sending it back to the Planning Commission.
McMillan asked if the City would have any liability for any flooding that may occur by approving the
application.
Mattick stated they would not since it is an existing structure.
Abbott noted the structure is not attached to the house.
Printup stated he does not have a problem with the setbacks given the forfeited land to the west, but that
he does have a question about the 0 -75 -foot zone. Printup stated it appears half the house is in the 0-75
foot zone but that it is next to a tax forfeited parcel.
Levang stated she is okay with that but that she is not okay with the deck. As indicated in the Staff
report, two-thirds of the deck is in the average lakeshore or the 75 -foot setback. Levang stated she would
like the deck moved over to the east.
McMillan stated there is a practical difficulty given the way the line is located, and that in order to
conform, they would have to move the deck to the east, which would actually block off more of the
sightline. McMillan stated in this instance the average lakeshore setback line does not make sense and
that she would like to move the deck more towards the garage.
Abbott stated that was their original intent until they found out where the line was.
McMillan stated she likes the first location for the deck since it moves it further from the neighboring
house.
Walsh stated he would look at it as a practical difficulty due to the slope.
Levang stated she would be okay with moving the deck over behind the garage.
Printup and Cornick indicated they are also in agreement.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
Printup moved, Levang seconded, to direct Staff to draft an approval resolution for Application No.
15-3789, The Broadway Group, LLC, on behalf of Michael Fegers, 3590 North Shore Drive.
VOTE: Ayes 5, Nays 0.
11. CONSIDER DISPOSAL OF TAX FORFEITED PROPERTY (PID 05-117-23-24-0117 and
0118 JAKE BARKLEY
Barnhart noted the City owns two parcels south of Bayside Road. These two parcels were acquired
through the tax forfeiture process in April of 1979. Mr. Barkley, 3640 Bayside Road, has requested the
City dispose of these parcels. Barnhart stated should Mr. Barkley be successful in acquiring the property,
ownership would be consolidated with his two parcels. Mr. Barkley is also expected to request a vacation
of Park Street should the Council agree to dispose of the property.
It appears the parcels were acquired in 1979 for park and recreation uses, primarily to maintain public
access to the lake. The subject parcel is listed in the Comprehensive Plan as a Lake Minnetonka access
point but is not open for public use. Public access in this area is provided through the southern extension
of Stubbs Bay Road South, about 115 feet to the east. The Comprehensive Plan does not suggest further
use for the parcels.
Staff supports the disposal request since access is provided via Stubbs Bay Road and the remaining
benefit to the City is negligible. Council should direct Staff to pursue disposal of the property if it finds
that the parcels are not, nor anticipated to be needed by the City.
Levang asked if the adjoining property owners have been notified.
Barnhart indicated Staff has not notified them and that Staff is looking for direction on how to proceed.
Levang asked if it would impact the people with dockage on Ilene Street.
Barnhart stated the easement is in red and that Staff is talking about disposing the parcels highlighted in
yellow.
Levang asked if it would impact the people with dockage on Ilene Street.
Mattick stated it would depend on what easements exist currently, which is unknown at this point. If the
City controls the land highlighted in yellow, the City could grant an easement prior to selling it. Mattick
stated it seemed like there is a dock off to the left but that he could be mistaken.
McMillan stated she is also confused about the dock issue. McMillan noted the bigger yellow parcel
could go with 3640 and the smaller yellow parcel could go with 3625. McMillan asked why the City
would give both of those parcels to one person.
Levang stated there are actually four people who share that dockage.
Barnhart stated his understanding is that all four of them have dockage rights. Barnhart stated Staff
brought this before the Council tonight to see if they are interested in pursuing this.
Levang stated she has a concern about the Ilene residents.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
Walsh stated it does not make any sense to chop it off. Walsh asked what Mr. Barkley wants the property
for.
Jacob Barkley, 3640 Bayside Road, stated what was explained by Staff is accurate. Barkley stated he did
research documents at Hennepin County which showed that 3640 was the original homestead and then it
was subdivided into four lots. Barkley stated what happened with that is that everybody in that
development ended up with dockage, which occurred somewhere in the early 1970s. In the 1930s, the
lake was way down and they tried to sell lots in the lake. As the lake filled back up and it went back to a
more normal situation, those people who bought the lots quit paying taxes on them and forfeited them to
the City. Barkley stated in the 1970s, the two adjacent lots to his two lots granted scenic easements to the
City, which gave permission for dockage for the residents on Ilene Street.
Barkley stated the property at 3625 subsequently got redeveloped and there was a lot combination that
took place. That dock then got taken out of the picture. Barkley stated it is really about the strip of land
that has dockage for the three parcels and that there is an easement over his property to get to the lake.
However, there is no easement from the City to get over the city land but there are all kinds of confusing
issues about historical usage and maintenance. Barkley stated he knows the former property owner lived
there for over 40 years and that he riprapped the whole shoreline.
Barkley stated they are of the opinion that the dockage and easements kind of stay as is and that they
thought this would clean it up. Barkley stated they would continue to maintain that property and give
comfort to the neighbors.
Walsh stated that explanation helps to clear it up.
McMillan asked how many docks are on that parcel.
Barkley stated the documents from the County indicate there are three owners sharing a dock, which runs
into a different issue with the LMCD since there is a multiple dock on city land. Barkley stated there are
conflicting bylaws where the use was prior to the inception of LMCD. Barkley stated he just wants to
clean it up and that he sees this as the easiest path.
Walsh asked if he has ever thought of selling his pieces to the City and then the City granting him an
easement.
Barkley stated that is a possibility and that he is attempting to protect the neighbors so they can put a dock
out and he can go fishing.
Levang asked if he spoken to the LMCD and they have indicated they would not give a multiple dock use
there.
Barkley stated technically the City would need to apply for that and that he is not sure why the City
would do that.
McMillan stated she is not sure how many docks they would be allowed to have if the City were to sell
the 615 feet to Mr. Barkley. McMillan stated she looks at that as a possible option, which would allow
the City to keep the easement portion. McMillan stated it probably would have to go before the LMCD
but that she is not sure of the legal process that would need to occur.
Printup stated it sounds reasonable but that he is not prepared to make a decision tonight.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
Levang stated she wants to hear more and also make sure all the easements are in place for the Ilene
Street residents. Levang stated she would like the City to hang onto the one lot.
Walsh stated he would like to clean this up.
Barkley stated they are trying to make it easy for the neighbors so they can continue doing what they have
historically done.
Mattick asked if any title work has been done on this.
Barkley stated the deeds are past the 30 -year time limit, and that what he has been told is that after the 30
years are up, the City gets to do what they want to do with it.
Mattick stated in terms of selling the land that would be true. Mattick stated if it was not used for a public
purpose, it reverted back to the state, but since then a statute was passed that says the City is eligible to
sell those parcels. Mattick stated if it is cleaned up, he would also recommend cleaning up the parcel
represented by the red dot.
Walsh asked if that is Torrens property.
Barkley stated to his knowledge it is.
McMillan stated the parcel to the far left is what the City is interested in cleaning up along with the parcel
represented by the red dot.
Mattick stated the City could pursue a purchase agreement and then someone could draft documents that
would grant access to the other homes.
Barkley indicated he can do that
McMillan stated she would suggest talking to the LMCD as well to see what he would be allowed with
the additional 615 feet.
Levang asked if they would need to apply for an annual dock permit.
Gaffron stated if it is three docks, they would need to apply for a dock permit with the City.
The City Council took no formal action on this item.
12. #15-3752 ESTATE DEVELOPMENT CORPORATION — TOM GONYEA, 475 OLD
CRYSTAL BAY ROAD NORTH, SKETCH PLAN
Tom Gonyea, Estate Development Corporation, was present.
Barnhart stated the applicant is seeking Council input on a proposed 39 unit, single-family neighborhood
on 17.26 acres located at the southwest quadrant of Wayzata Boulevard and Old Crystal Bay Road. The
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
property is guided for 7-10 units per acre. The proposed development would require a rezoning and a
Comprehensive Plan amendment in addition to the subdivision process,
The Council saw a project in this area in August. At that time there was some discussion about
townhome buildings in the southeast corner of the property. The Council was uncomfortable with that
proposal and Mr. Gonyea is now proposing all single-family homes. There will be two different styles of
homes consisting of a single -level or two-level.
From a planning perspective, Staff looks at the density that is being proposed. There is some discrepancy
from previous Council direction and the Comprehensive Plan. The City Council had a workshop in
August where they talked about density in general and where to locate growth to meet Metropolitan
Council's requirements. The Council further discussed the affordable housing goals contained in the
Comprehensive Plan.
From an access standpoint, there will be two driveways off of Old Crystal Bay Road and two future
connections to the Dumas property. The Dumas's do not have any plans to develop their property at this
point but do appreciate the connections for the future. The streets are proposed to be public as they
provide access through to the Dumas property to the west. The cul-de-sacs at the west property line are
temporary and would be removed when the Dumas property develops.
A trail is shown providing access to the crosswalks at Old Crystal Bay Road and Wayzata Boulevard
West at the northeast corner of the site. It is suggested that sidewalks be provided on both sides of the
streets within the development.
The Comprehensive Plan does not suggest any land to be dedicated from a park standpoint and Staff
would suggest a park dedication fee be paid.
The applicant and Staff have reviewed the plans. If the Council is fine with the density, the plan does
provide a service that the City does not necessarily provide in some of its other neighborhoods.
Tom Gonyea, Estate Development Corporation, stated they have gone through a number of different
iterations for this site and that the Council provided some good feedback at the meeting in August. One
of the things that was discussed was the possibility of incorporating some other price points and other
options. Gonyea stated that corner seemed to lend itself to smaller products and 35 -foot wide lots with 5 -
foot setbacks. Other lots in the development would be 65 -foot wide.
Gonyea stated in the Council's packet they will see some potential elevations with the 35- and the 55 -foot
project. Gonyea stated in their view it is a great plan and would be well received by the community.
Ian Peterson, David Weekly Homes, stated the homes would likely be in the $400,000 to $500,000 range
but that they are still developing the product lineup.
McMillan asked what type of floor plans they are considering.
Peterson stated on the 35 -foot wide lots, it would be all main level living with some basement underneath.
It would be set up for a two -car front loading garage, with some of the lots having a three -car garage.
Peterson stated once you go to a tandem deep, you eliminate some of the rooms on the main level. There
will be a mix of some traditional 3 -car garages, some 2 -front loading garages, and the homes would
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
consist of a mix of Tudor style, northern craftsman, and then a more contemporary look. The homes will
be traditional two-story homes on the 55 -foot lots, with a master on the main level for the traditional
two-story.
Levang asked how many different variations of homes there will be.
Peterson stated there are seven different floor plans and each of those floor plans will have three to four
variations.
Levang asked if they have any idea how many people will want the smaller homes, the mid-range and
then the higher end.
Peterson stated typically a lot of people are interested in a rambler plan or one -level living, which is more
expensive to build than a two-story home since the builder has to put most of the money into the
foundation. Peterson stated typicallyl0 to 15 percent of the buyers will buy a main level living plan and
the interest range for a rambler or one -level living is around 30 percent.
Levang stated she likes the Tudor style and the one -level living plans.
Walsh stated he is a believer in a minimum of 10 -foot setbacks.
McMillan noted one side will be 10 and the other side will be 5.
Walsh stated he is not in favor of any 5 -foot setbacks.
Printup stated he would like to see the 10 -foot setbacks as well and that the 5 -foot setbacks are too close
McMillan noted the City has a fair amount of lakeshore homes that have 5 -foot setbacks. McMillan
stated she would really like to see single-family homes in this area but that it may be necessary to have
some higher density. McMillan stated in her view what is being presented here looks like it would be a
good product and that in her view the issues can be worked out.
Printup stated another thing that comes to mind when they talk about density is the impact it will have on
the school if this development brings in a lot more starter families.
McMillan noted Orono has 25 percent open enrollment right now and that they adjust it every year.
Printup stated the City is only going to be growing in that area and he is not sure if the other
governmental entities need to talk about this.
McMillan stated there are a number of developers who really want to develop homes in the Orono School
District and that there is a very strong demand. McMillan noted there is not that much land left in the
Orono School District to develop.
Levang stated the Orono School District has been aware that those properties would someday be
developed and that in her view the City is not operating in a vacuum. Levang stated what she likes about
the plan is the fact that there is privacy in the back yard. Levang stated with this plan they have been very
careful about protecting that privacy and have done a very good job with that. Levang stated the City
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
does need to make some concessions in regards to density, and if they were to say that there has to be
10 -foot side setbacks, it would be less feasible to do. Levang stated he developer has done a very good
job at listening to the Council and that she likes the road layout.
Printup stated he would like to see a trail of some sort along Old Highway 12.
McMillan noted there is a trail on the other side of the road.
Printup stated he would like to see it extend further westward and not necessarily on this property.
Loftus noted the turnback committee decided not to have a trail on that side of the road.
Gonyea stated the thought was that these would be quieter streets and that they would lose the capacity to
do some berming and screening if there is a trail. Gonyea stated there was also talk about adding
sidewalks.
Printup stated he is not in favor of sidewalks.
Levang stated someone would be losing some of their front yard because of the sidewalk.
Barnhart stated sidewalks were suggested for pedestrian access in lieu of a trail. Barnhart stated berming
to protect the privacy is more important than a trail.
Printup stated he would be in favor of having a trail easement, with the trail not being constructed as part
of this project.
Walsh stated he is not happy with the setbacks.
Gonyea stated they will take a look at it and see if it can be increased.
Walsh stated he is concerned about the visibility and safety with the homes that close to the road.
McMillan stated on some of the lots with the smaller setbacks, the house could perhaps be reduced.
The City Council took no formal action on this item.
*13. ##15-3790 CITY OF ORONO AND CLIFFORD OTTEN, OUTLOT C, EAST WILLOW
WOODS (2350 WAYZATA BOULEVARD), EASEMENT VACATION — RESOLUTION NO.
6562
Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6562, a Resolution Vacating the
Road and Utility Easement Over Outlot C, East Willow Woods, Hennepin County, Minnesota.
VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Walsh stated he had nothing to report but that he would like to wish everyone a happy Thanksgiving.
Page 39 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
Levang stated she would like to remind everyone that the Orono Police Department is accepting
donations of hats, mittens, and other winter apparel that will be given to WeCan.
Printup reported the Highway 12 Safety Coalition has been working with representatives from other
communities and that they will be kicking off what is called the 12 For 12 campaign, which is no
fatalities for 12 months, on Monday, November 30.
McMillan stated she attended the Planning Commission meeting on November 16 and that they ended up
tabling the lighting and the rental home text amendments to January. The Planning Commission wanted
to look at it more in depth and possibly hold a work session on one or both of them.
McMillan noted the City is not going to mark the four corners of every fire lane, but that perhaps Staff
should photo document them in case there is tree loss or something else occurs. McMillan stated that way
the City will have a photo record of them.
CITY ADMINISTRATOR'S REPORT
14. PERMITS/LICENSES
2016 ANNUAL LIUOR LICENSE RENEWALS
Orono Liquors DBA the Narrows Saloon
Navarre, MN 55392
2. Orono Public Golf Course
265 Orono Orchard Road South
Orono, MN 55391
O'Sullivans HolidayNoyageur Service Centers
2420 Shadywood Road
4. Spring Hill Golf Club
725 County Road 6
Wayzata, MN 55391
5. Wayzata Country Club
200 Wayzata Boulevard
Wayzata, MN 55391
6. Wood Enterprises, Inc., DBA Navarre Liquors
3421 Shoreline Drive
Navarre, MN 55392
7. Woodhill Country Club, Inc.
200 Woodhill Road
Orono, MN 55391
Levang moved, Printup seconded, to approve the above -listed licenses. VOTE: Ayes 4, Nays 0,
McMillan Abstained.
Page 40 of 41
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 23, 2015
7:00 o'clock p.m.
*15. CLAIMS/BHfLS
Levang moved, Walsh seconded, to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
CITY ATTORNEY'S REPORT
Mattick stated he had nothing to report.
ADJOURNMENT
Walsh moved, Cornick seconded, to adjourn the Orono City Council meeting at 12:23 p.m.
VOTE: Ayes 5, Nays 0.
ATTEST
aixe Tiegs, City erk
1.0 - llr� &JUL-
Li i Tod McMillan, Mayor
Page 41 of 41