HomeMy WebLinkAbout02-08-2016 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 9, 2016
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh.
Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy
Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City
Engineer Adam Edwards, and City Attorney Soren Mattick.
Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Item Nos. 8, 9, 13, 14, and 15 were added to the Consent Agenda. Item No. 3 was removed from the
Consent Agenda.
Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. CITY COUNCIL WORK SESSION OF JANUARY 25, 2016
Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of
January 25, 2016, as submitted. VOTE: Ayes 5, Nays 0.
3. REGULAR CITY COUNCIL MEETING OF JANUARY 25, 2016
McMillan requested the minutes be corrected on Page 4 under Public Works Director Report to read that
a big pine was removed at the golf course and that Page 8 under General Fund Budget Report the amount
of building permits be corrected to read $146,173 rather than $46,173.
Printup moved, Levang seconded, to approve the minutes of the Orono City Council meeting of
January 25, 2016, as submitted. VOTE: Ayes 5, Nays 0.
PRESENTATION
4. MINNEHAHA CREEK — PAINTERS CREEK CULVERT REPLACEMENT AND
SOUTH KATRINA MARSH RESTORATION PROJECT
Tiffany Schaufler, MCWD Project and Land Program Manager, stated she would like to update the City
Council on two projects the Minnehaha Creek Water District is contemplating for 2016 in this area. Due
to record rainfall, some flooding was experienced along Hunt Farm Road, which was caused by the South
Katrina Marsh located just west of the road. The high water in the marsh also caused flooding along
Starkey Road, a city -maintained roadway within the Baker Park Reserve. Schaufler noted June of 2014
was the second wettest on record, with the Orono area receiving 25 inches of rainfall total in 2014.
Schaufler displayed pictures of the South Katrina Marsh and the flooding that occurred.
Page 1 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
4. MINNEHAHA CREEK — PAINTERS CREEK CULVERT REPLACEMENT AND
SOUTH KATRINA MARSH RESTORATION PROJECT (continued)
Schaufler noted Painter Creek drains out of the South Katrina Marsh. The MCWD was contacted in June
of 2014 by the Hunt Farm homeowners association as well as the City of Medina regarding road flooding
that was occurring on Starkey Road. At that time MCWD staff worked with former Orono City Engineer
Jesse Struve during June of 2014 on some of these flooding issues to see if that could be alleviated.
Repairs were unable to be made at that time due to the high water levels. The Hunt Farm homeowners
Association requested that the MCWD investigate what was causing the flooding, which was likely
caused by two undersized driveway culverts.
Schaufler noted the two culverts are located in the Painter Creek development and that the MCWD was
unable to locate any records authorizing the installation of the culverts. In 1985, the MCWD installed a
stormwater pond in the area upstream from the culverts. Following investigation of the culverts, it was
determined that the two driveway culverts were significantly undersized. They are currently 18 inches in
size and they should be 36 inches in size.
At this point the District identified two options. Because Painter Creek is technically a public ditch, the
District has the right to require the landowners to replace the culverts at their cost. Schaufler stated the
MCWD did not feel that option would be well received and elected instead to partner with the two
homeowners and the Army Corps of Engineers to perform the necessary restoration work. In exchange
for the restoration work, the MCWD would gain conservation rights over approximately 97 acres of land
and would the work would then qualify for federal money. The landowners were supportive of this
approach.
Schaufler stated the Army Corps of Engineers had studied this area back in 2010, and this past July the
MCWD issued a letter to the Army Corps of Engineers stating their desire to restore the wetland. The
next step in the process is to enter into a partnership with the Army Corps of Engineers and be placed into
their funding system. The project is anticipated to cost $1.27 million, with the MWCD being responsible
for acquiring the necessary land rights.
Schaufler stated the yellow on the map depicts the proposed route of the work. The orange area is
considered a deep marsh area, which would be six inches to three feet deep. The green area is considered
a shallow marsh, which would be up to six inches.
Schaufler noted a large number of residents in the area are supportive of the project and are willing to
provide easements for the work.
Walsh asked whether they have collected enough easements to move forward with the work.
Schaufler stated the MCWD took action at their last meeting to move forward with the project given the
amount of conservation land that will be received. The next step by the MCWD will be to obtain
executed agreements with the landowners.
Council Member Walsh asked what would happen if a landowner does not want to provide an easement
Page 2 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
4. MINNEHAHA CREEK — PAINTERS CREEK CULVERT REPLACEMENT AND
SOUTH KATRINA MARSH RESTORATION PROJECT (continued)
Schaufler stated the landowners to the north of the project have indicated support for the project and that
the MCWD is looking at whether a letter of intent or an easement is necessary. Schaufler noted the big
square in the middle of the map depicts a property owner who is undecided at this time since that property
may be sold in the next couple of years. Schaufler stated they will continue to work with the landowners
and that in the meantime the Army Corps of Engineers will continue with their work, which is expected to
take a couple of years.
Senior Planner Gaffron stated in the Council's packet is a proposed letter of support for the project. The
letter was requested by the Watershed District and basically says the City conceptually supports the
project. The second item in the packet is a sample easement agreement between the Watershed District
and the property owners.
Gaffron noted certain properties would also be subject to City wetland flowage and conservation
easements that were granted to the City in the past as this area was developed. The MCWD would be
looking for the City to subordinate or allow the areas where there is a city easement to be revised and
approved per the proposed plan. Gaffron noted the City's wetland flowage and conservation easement
technically prohibits any work within the wetland, which will need to be amended to allow the MCWD to
go ahead with this project.
Council Member Levang stated one of the issues that was brought to her by one of the landowners in this
area is the fact that the easement would be permanent rather than temporary.
Schaufler stated as with any project that the MCWD implements, they want to be able to protect that
investment. If a partnership with the Army Corps of Engineers is entered into, they would require that
there be protection up to a 100 -year flood event. Schaufler stated generally the MCWD requires a
perpetual easement to manage the vegetation and the public investment in the project indefinitely into the
future. Schaufler stated they MCWD can look at a temporary easement but that the MCWD typically
requires a permanent easement.
McMillan asked if the type of land being impacted by this project would be mainly wetland.
Schaufler indicated the majority of it is wetland and is unusable.
McMillan asked if the MCWD has the actual access easements worked out over the dry land areas.
Schaufler stated they do and that they are also working with the homeowners association to use their road
for access.
McMillan asked whether someone would be able to receive a tax deduction if they provide a permanent
easement.
Gaffron stated he does not know the answer to that at this time.
Walsh noted generally a person will receive money for the easement.
Page 3 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
4. MINNEHAHA CREEK — PAINTERS CREEK CULVERT REPLACEMENT AND
SOUTH KATRINA MARSH RESTORATION PROJECT (continued)
City Attorney Mattick noted Staff did look at how these easements would sync with the City's easements
and that Staff did not have a problem with them.
McMillan stated in her view it would be a win/win situation since the landowner would get their wetland
restored and would help to improve the benefits received by the wildlife in the area.
Walsh stated it is likely the work will also increase the value of the property.
Schaufler stated the culverts will likely be replaced in May or June of this year.
Council Member Printup asked if there are any residents who are adamantly opposed to the project.
Schaufler stated once the project is explained to them, they generally are fine with it.
McMillan asked if any residents are present tonight and would like to comment on this project.
There were no public comments.
Printup moved, Levang seconded, to approve the Letter of Support from the City of Orono to the
Minnehaha Creek Watershed District. VOTE: Ayes 5, Nays 0.
Walsh moved, Printup seconded, to authorize execution of the easement documents allowing the
Minnehaha Creek Watershed District to perform wetland restoration activities within areas
covered by existing City wetland easements. VOTE: Ayes 5, Nays 0.
PUBLIC COMMENTS
Michael Kurtz, Grandview Middle School, Mound, stated on April 9, 2016, he and Carson Merritt will be
competing in the community problem solving competition at the Future Problem Solvers Program. The
objective is to identify a real problem in the community in which they live and then implement real
solutions to help it. The Future Problem Solvers International uses a six -step problem solving model that
is aligned with national curriculum standards, Common Core Standards, and the National Association for
Gifted Children standards. The competition will be held in Lino Lakes, Minnesota.
Kurtz stated the problem they have chosen is teen homelessness. The Minnesota Humphrey Institute has
estimated there are over 4,000 homeless youth in the state. Kurtz stated in an effort to help them
understand this problem, they have spoken with interested homeless teens, visited a homeless shelter, and
spoke with homeless advocates. A survey was also conducted of the Grandview Middle School students,
which showed that most of the students know very little about teenage homelessness but that some of the
students did know of someone who was homeless in the area.
Kurt noted homeless teenagers have higher rates of depression, drug addiction, and school dropouts.
Beginning next week, as part of the program to raise awareness of teen homeless, Kurtz indicated they
will be sleeping in a car located in the parking lot of the Grandview Middle School for a week and that
they hope this will give them a greater understanding of the challenges facing homeless teenagers.
Page 4 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February S, 2016
7:00 o'clock p.m.
PUBLIC COMMENTS (continued)
Kurtz indicated they hope to also raise money for the Homeless Hands Operation, which operates a
homeless shelter in Chanhassen.
Kurtz stated they would like the City Council to pass a resolution declaring April as teenage homeless
awareness month in Orono. Kurtz stated they hope the proclamation will help give hope and
encouragement to the homeless teens in the school district. The proclamation will be used during the
competition.
McMillan stated she looks working to hearing more about this issue in the future.
Levang asked if he has a resolution already prepared.
Kurtz requested the City prepare one.
McMillan recommended he pass any information he would like included in the resolution to the City
Administrator.
T.J. Bonnett, 40 Smith Avenue, noted he used to reside at 60 Smith Avenue. Bonnett stated three
variances to remodel 60 Smith Avenue were granted to add a second story bedroom and attach a garage.
Bonnett indicated a good portion of the house has now been removed. Bonnett asked when a remodel
becomes a teardown and why variances are granted to complete a home remodel in which the home no
longer exists. Bonnett noted the neighbors expressed minor concerns in prior meetings that were
dismissed and that unfortunately the fears of both neighbors are coming to fruition with this extremely
misguided project.
Bonnett stated the concerns the neighbors raised at the onset of construction were handled by the mayor
and City Staff attentively but ineffectively. Bonnett stated it seems as though this project is being a little
bit manipulated by the builder and owner, who are making a mockery of the City of Orono's permitting
system. Bonnett stated during the variance process, the concerns of both neighbors who are directly
impacted were ignored and there was a mutual understanding that this would not be a full teardown but a
remodel, to use the owner's and engineer's words on their application. Bonnet stated the Mayor, the
Blackwalls, and himself were all surprised to see that the house was gone last week since there was no
indication in any of the plans that it would be a full teardown and a rebuild. Bonnett stated had they
known that, they would have engaged in the variance process more vigorously but that they did attend the
two meetings to look into the variance issues further.
Bonnett stated being a former resident of this home and currently living in a home at the same time that
was constructed by the same builder, he knows through inspections that this house had a sound
foundation. Bonnett stated in his view the City is being manipulated and that it is the Council's job as the
governing body for this type of construction to regulate what is going on and to make sure that the laws
are being enforced and that the decisions that are made are followed through with. Bonnett stated so far
the builder and owner have an apparent disrespect for these laws, the Council, and the people who live
nearby and that it seems as though they are acting first and asking permission second after the neighbors
have complained.
Page 5 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
PUBLIC COMMENTS (continued)
Bonnett noted building ordinances and laws are in place to prevent these types of misdeeds but they are
happening nonetheless. Bonnett stated this is a full teardown and the neighbors would like to make sure
that proper City Codes and setbacks are enforced. Bonnett stated he is not sure whether Staff knew this
was going to be a full teardown but that at least 40 to 50 percent of the foundation walls were removed.
Bonnett stated Staff recommended to the City Council that the variances be approved since this was to be
a remodel.
Bonnett stated he knows the City dispatched an inspector the second the house was torn down, which
leads him to believe that the Council was not aware of what they were approving. Since that time, more
of the house has been removed and the builder is taking out walls and saying to the inspectors as they
show up that they were not adequate before the inspector has had a chance to look at them.
Bonnett stated the neighbors had a problem with the variances in the first place and now a majority of the
house has been removed. Bonnett asked what they can do.
PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT
5. NAVARRE LIGHT POLE DECORATIONS
Public Works Director/City Engineer Edwards stated the purpose of this item is to solicit Council
direction on the type and quantity for the decorations to be attached to the light poles in Navarre. In 2014,
the light poles were replaced in the Navarre commercial district along County Roads 15 and 19. Last year
the Council approved some banners that were up last summer and fall and then ten lights for the poles. At
that time the Council decided to purchase only ten lights and see how they are.
Edwards stated he is now looking for Council direction on whether holiday light decorations should be
purchased for the light poles and the quantity. Edwards stated he also heard a couple of people ask about
American flags and that he would like to see whether there is any desire to go forward with the flag poles.
Edwards stated now is a good time to purchase the holiday decorations since most of the manufacturers
have sales through the end of the month. If the Council is interested in purchasing the same snowflake
decorations, the cost would be $410 apiece, which is lower than the original price. The other option
would be to purchase different but similar decorations and alternate them every other pole. The cost for
that would be $350. The cost of the American flags would be $70 apiece.
Levang stated she would like the City to purchase more snowflakes and that she is in favor of the
American flags. Levang asked whether the remaining light poles can accommodate the snowflake
decoration.
Edwards noted the City installed 33 light poles and that 32 of those would be able to accommodate the
snowflake decoration. Edwards stated the Council has the option to do all 32 light poles or another ten.
Walsh commented it is a good idea along County Road 15 and will help create a more vibrant downtown
area. Walsh stated he would also like to add the flags.
Printup indicated he is in agreement.
Page 6 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February S, 2016
7:00 o'clock p.m.
5. NAVARRE LIGHT POLE DECORATIONS (continued)
Levang stated she would be in agreement with flags on all the poles but that the holiday decorations could
be limited to the business district.
McMillan stated some snowflake decorations on County Road 19 would also help light up that area as
well. McMillan stated in her view an additional ten decorations would be okay, with six of them being
placed along County Road 19. McMillan indicated she also is okay with the flags.
Edwards noted the holiday decorations would be up in December and January, the banners would be up
from March through May, the flags from Memorial Day through approximately July 4th, and then the
banner would be put up again from July through December.
Levang moved, Printup seconded, to approve the purchase of 10 additional snowflake decorations
from the same manufacturer and in the same style as those previously purchased, and to approve
the purchase of American flags for all the flagpoles, with the funds coming out of the Community
Investment Fund.
Council Member Cornick asked whether it would be wiser to get 22 snowflake decorations rather than 10
given the price break the City would receive.
Levang stated in her view the decorations would make the most impact in the business district.
Edwards noted after March 1 st the price would increase.
Walsh and Printup indicated they would be in favor of purchasing 22 additional decorations.
Levang moved, Printup seconded, to amend the motion to approve the purchase of 22 additional
snowflake decorations from the same manufacturer and in the same style as those previously
purchased, and to approve the purchase of American flags for all the flagpoles, with the funds
coming out of the Community Investment Fund. VOTE: Ayes 5, Nays 0.
Edwards reported the Public Works Department has been focused on snow removal and equipment
maintenance over the past several weeks. In addition, a meeting was held with North Shore Marina
regarding Lift Station No. 2 generator, which is located at the end of Spates Avenue. A proposed
easement document will be drafted for the homeowner's signature.
The Metropolitan Council has also started lining pipe along County Road 15. The Public Works
Department has been working closely with them to ensure the work goes smoothly.
The Park Commission met in a work session last week and in the coming months they will be focusing on
the reconfiguration of Lurton Park to an ofd leash dog park. The maintenance agreement for that park is
currently being reviewed by the Lurton Park to see whether it needs to be amended. The Park
Commission is also looking at the Saga Hills Preserve and coming up with a plan to tackle some of the
invasive species. The County's arborist has been out to the site and will be developing a work plan.
Edwards noted he will be bringing some proposals before the Council in the next month for some 2016
projects.
Page 7 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT (continued)
McMillan noted Hunter Road broke apart about recently and that one of the residents sent her an e-mail
about the condition of the road. McMillan stated she would like to get some idea of the costs and timeline
in the event that road continues to deteriorate in the coming months. McMillan stated if the City is not
going to discuss that project until April and the work will not be able to be completed until the fall, she
has some concerns with the road becoming too deteriorated.
Edwards stated he plans to discuss that project during the April work session along with some other mill
and overlay projects. Edwards noted Hunter Road is only 1,200 feet in length and could be a mill and
overlay, which would require less engineering work. Edwards stated if the project is approved in April, it
would only be a matter of a few weeks before the work could be completed.
McMillan requested Edwards take a look at the road and apprise the City Council on its condition.
McMillan indicated she has a concern for the safety of the motorists if the road continues to deteriorate.
Edwards stated the Public Works Department will be using cold patch material to fix potholes in the
coming months and that they could perform some small patch jobs if necessary. Edwards noted they
would not be able to do a large patch job until the asphalt companies reopen in the spring.
City Administrator Loftus noted three new homes will be constructed off of Hunter Road later this year
and will need to be considered.
Edwards stated the mill and overlay work will take two to three days and that the work can be coordinated
with those contractors.
PUBLIC SAFETY REPORT
None
PLANNING DEPARTMENT REPORT — CHRISTOPHER McGRANN, REPRESENTATIVE
6. #15-3792 JOHN AND BEN KIEFFER, 2024 SHADYWOOD ROAD — VARIANCES —
RESOLUTION NO. 6581
Senior Planner Gaffron stated the applicants appeared before the Planning Commission in November and
requested to replace their detached garage with an attached garage. The neighbor to the north stated she
did not want to have an additional amount of house in the proposed location. The applicants revised their
plans and came back before the Planning Commission in January proposing a detached garage and less
hardcover due to reducing the amount of driveway. The applicants were still requesting a hardcover
variance, a structural coverage variance, and a side setback variance of five feet rather than ten feet along
the south side.
The Planning Commission felt the changes were appropriate and recommended approve of the applicants'
revised plan on a vote of 6-0 at the January meeting.
Page 8 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
6. #15-3792 JOHN AND BEN KIEFFER, 2024 SHADYWOOD ROAD — VARIANCES —
RESOLUTION NO. 6581 (continued)
Gaffron stated the City Council has a draft resolution in its packet and that he would be able to answer
any questions they may have regarding the proposal.
Walsh noted the hardcover was originally proposed at 35 percent and has been reduced to 32 percent.
Walsh asked what amount of hardcover is allowed.
Gaffron indicated 25 percent hardcover is allowed. Gaffron noted the reduction results in a garage that
meets the required setback from the street. The lot is less than 40 feet wide and the applicants are not able
to have a side -loading garage. The neighbor to the south has indicated he has no problem with the 5 -foot
setback. If the garage had been pushed back toward the house more, it likely would have impacted the
open space feel of the neighborhood.
Walsh asked what the current hardcover is on the property.
Gaffron stated existing hardcover is at 31.9 percent and proposed hardcover is 32.8 percent. Gaffron
stated the amount of hardcover now being proposed is less than what was originally proposed.
Walsh commented it appears to be more of an in-kind situation and that there is not much room to reduce
it further except for the bump -out on the driveway. Walsh stated because Shadywood Road is a busy
road, the bump -out is probably necessary.
Gaffron stated the backup apron in Staff s view is pretty critical for this site.
Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6581, a Resolution Approving
Variances from Orono Municipal Zoning Code Sections 78-350, 78-1403, and 78-1700(1) for
property located at 2024 Shadywood Road. VOTE. Ayes 5, Nays 0.
7. #15-3795 SOUTHVIEW DESIGN ON BEHALF OF ROBERT AND BETH SCHNELL,
1130 OLD CRYSTAL BAY ROAD SOUTH — VARIANCES — RESOLUTION NO. 6582
Curtis noted this application was before the City Council at its last meeting. Staff has prepared a
resolution reflecting the Council's direction from that meeting.
Walsh noted Staff's report did not recommend the pavers but that there was not much discussion at the
last meeting about why they were not in favor of them. Walsh stated it appears that the pavers are a good
trade-off than having stairs there. Walsh stated he would like to know why Staff does not prefer the
pavers.
Curtis stated the Code does not allow pavers in that area but that they would likely result in less hardcover
in that area than a stairway.
Walsh stated in the future he would like to have a little more discussion from Staff in these types of
situations where they recommend denial based on a strict interpretation of the code. Walsh noted the
applicant brought up the fact that they would be allowed stairs in that area.
Page 9 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
6. #15-3792 JOHN AND BEN KIEFFER, 2024 SHADYWOOD ROAD - VARIANCES -
RESOLUI'ION NO. 6581 (continued)
Walsh stated he would be willing to make a motion allowing the pavers.
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6582, a Resolution Approving
Variances from Municipal Code Sections 78-1279 and 78-1438, and Denying a Variance from
Municipal Zoning Code Section 78-1438.
Printup noted he was not in attendance at the last City Council meeting but that he did watch the video
afterwards. Printup asked what the importance of protecting that 0-75 foot area is.
Curtis stated Orono's Code protects the 0-75 foot area from an aesthetic perspective as well as allowing
for more surface infiltration prior to the runoff going into the lake.
Printup stated taking a strict stance on the code is important, but that the pavers are less impactful than the
stairs. Printup stated in his view common sense should have prevailed on that.
McMillan stated generally the City allows for access to the lake as well as a lock box. McMillan stated
the area where the stepping stones are being proposed for is flat and that stairs are not really necessarily,
which was her rational for not allowing the pavers. McMillan noted there is not a dock on this property
and that they could technically walk down the hill without the stairs.
Printup stated stairs would increase the hardcover in that area.
McMillan stated there are two sets of stairs and there does not appear to be a need for the hardcover in the
flat area.
Walsh noted there is a slight contour in that area.
Curtis stated the applicants would be allowed to do up to 75 cubic feet of grading in that area without
Council approval.
Walsh stated he would simply like more information in the future when Staff recommends denial.
VOTE: Ayes 5, Nays 0.
*8. #16-3798 MICHAEL AND HOLLY RUCINSKI, 3188 NORTH SHORE DRIVE -
VARIANCES - RESOLUTION NO. 6583
Levang moved, Printed seconded, to adopt RESOLUTION NO. 6583, a Resolution Approving a
Variance from Municipal Zoning Code Section 78-1435, for the property located at 3188 North
Shore Drive. VOTE: Ayes 5, Nays 0.
Page 10 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
*9. #16-3801 CARL AND CAREN BORG, 3414 LIVINGSTON AVENUE — VARIANCES -
RESOLUTION NO. 6584
Levang moved, Printup seconded, to adopt RESOLUTION NO. 6584, a Resolution Approving
Variances from Orono Municipal Zoning Code Sections 78-350, 78-1435, 78-1438, and 78-1511, for
the property located at 3414 Livingston Avenue. VOTE: Ayes 5, Nays 0.
10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD — REZONING AND
CONDITIONAL USE PERMIT
Barnhart stated the applicants are proposing rezoning and a conditional use permit in order to renovate the
existing building at 2380 Shadywood Road into a comprehensive care facility. The facility is similar to a
nursing home and would provide care for patients discharged from the hospital but requiring a greater
level of care than can be provided for at home. Nursing and related services would be provided for up to
22 patients, housed in separate rooms. External modifications include the addition of windows to the
north and east elevations.
The Planning Commission did review the rezoning request at their meeting in January. The
Comprehensive Plan identifies this subject property as a potential for mixed use in addition to the other
commercial uses that are appropriate for this area. Barnhart stated the mixed use would allow for
additional uses in this district. The Planning Commission recommended approval of the rezoning request
from B-5 to B-4.
As it relates to the conditional use permit, the use being proposed is similar to a nursing home facility.
The patients' rooms would be around the perimeter of the building and there would be a chapel and a
kitchen in the center.
Barnhart stated as it relates to mixed use in the Navarre area, the Comprehensive Plan identifies several
areas for potential mixed use. The thinking behind the mixed use was to provide opportunities for the
City to meet the density goals of the Metropolitan Council. Barnhart noted this type of facility would not
be considered mixed use since the individual patient rooms do not have their own kitchen. In addition,
the Comprehensive Plan does not go into detail in regards to the mixed use but it does state that nursing
homes are an appropriate use in the B-4 district.
Barnhart displayed a map depicting the B-5 and B-4 districts in the City. Barnhart stated from a property
standpoint, the building is not big enough to subdivide into smaller units but is large enough to
accommodate this use with its own parking. Barnhart stated any higher intensity use would likely impact
some of the adjacent residential areas from a traffic noise and activity standpoint.
The Planning Commission also recommended approval of the conditional use permit at their meeting in
January.
Barnhart stated the applicant would be able to answer any questions the Council may have.
Todd Ofsthun, TCO Design, stated this building is a good size for what they are proposing and is in a
good location. It would make for a good transition from the residential to the commercial facility. 10.10.
Page 11 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD — REZONING AND
CONDITIONAL USE PERMIT (continued)
Ofsthun indicated there would be staff on duty 2417. The type of activity being proposed is typically very
quiet and would help bring people into the Navarre area.
In addition, the property will be landscaped and the building will be brought up to code and maintained.
Ofsthun stated the improvements will help the overall neighborhood.
Ofsthun stated the majority of the parking would all be located in the front along Shadywood and that
they would be very comfortable with keeping the easement there for the Culvers Restaurant. Any
deliveries would be made to the back of the building during the day. The window in the rear would be
removed to eliminate the drive-through service.
Roman Bloemke, Chief Operations Manager for Welcome Home Management Company, stated the
company is based out of Hutchinson, Minnesota, and employ approximately 400 employees. Welcome
Home manages I 1 other properties through Minnesota and two in Wisconsin. The intent for this property
is more memory care, which will work well in a small environment like this. The smaller facility allows
for it to have more of a family-oriented feel to it.
McMillan asked what attracted them to this site and this community.
Bloemke stated this particular location is nice given its visibility and the size of the building.
McMillan stated she did look at the Welcome Home website and that their other facilities appear to be
more home-based. McMillan stated this building reminds her more of an acute care facility rather than a
family-oriented assisted living center. McMillan stated she is having a hard time visualizing this to be
more of a group or family-oriented type of facility.
Bloemke stated there are a number of options they can incorporate into the remodeling and that this use
would complement the community. Bloemke stated what is inside the building is what matters, such as
the employees and the amenities. The building is also fairly new and should not have any structural
problems.
McMillan noted there will not be a lot of common space outside of the patient's individual room
Bloemke stated they would utilize the main area for more than just dining and that they would also use it
for social gatherings and group activities. There are also some spa areas that the patients can use.
Bloemke stated the circle design enables them to work better with the patients as well, with some natural
light coming in from the front.
Levang noted at the Planning Commission meeting it was said that one-third will be a swing bed/rehab
and two-thirds would be memory care.
Bloemke stated the mix will vary greatly depending on the type of people that come in and will fluctuate
over time. Bloemke stated they are seeing an increase in people with memory loss and that will likely be
the majority of their patients.
Page 12 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD — REZONING AND
CONDITIONAL USE PERMIT (continued)
Levang noted rehab and memory care are two very different services with different regulations and staff
requirements. Levang asked how they are planning to manage that.
Bloemke stated Welcome Home would run the home health agency that would be running the facility and
would hold the license. A third party would be contracted to perform the rehab work and provide the
necessary staff. Bloemke stated Welcome Home would deal with the home health portion of the care,
such as staff and medications, but the family would hire any physical therapists. Bloemke stated there
would be an agreement with that company to provide those specific services.
McMillan noted there is another facility in Orono that has a memory care piece to it but it is a dedicated
wing, with the assisted living portion being a separate wing with its own security. McMillan asked how
memory care would fit in with the comings and goings associated with the rehab services.
Bloemke stated when it comes to the rehab portion, it likely would be more long-term patients and that
they have not experienced problems with it at their other facilities. Bloemke stated the facility would be
locked 24 hours a day and that there would be a call system in place that would allow the residents to
contact Staff.
McMillan asked whether there would be any outdoor space.
Bloemke stated he would leave that up to the designers and that the triangle area might be appropriate for
that. Bloemke stated that area would also be fenced to prevent the patients from wandering out.
McMillan noted the Council would need to know the specifics of that before the application goes forward
much further.
Cornick asked how many employees they anticipate hiring.
Bloemke stated there would be between 20 to 25 employees depending on the full-time versus part-time
structure. Bloemke stated the intent is to have a registered nurse on staff as well as CNAs.
McMillan asked if the City would lose the mixed use opportunity if the zoning is changed from B-5 to
B-4.
Barnhart stated they would not since they would not be changing the land use. Barnhart stated the
Planning Commission did discuss the outdoor space very briefly and that the center area was felt to be the
best spot for that. Barnhart indicated Staff will discuss that with the applicant as this application moves
forward. At this time Staff is looking to see whether there is support for the rezoning and the conditional
use permit and would draft a resolution based upon the Council's direction. Barnhart stated if the Council
does not feel this use is appropriate for this site, they should recommend denial.
Printup stated he has looked at this comer of Navarre as more commercial rather than mixed use or
assisted living. Printup noted on Page 6 of Staff s report, Item No. 11 talks about how three of the four
sides are commercial, with a little wetland area. Printup stated in his view this lot is not compatible for a
memory care facility.
Page 13 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD — REZONING ,AND
CONDITIONAL USE PERMIT (continued)
Printup moved, Walsh seconded, to deny the rezoning request by TCO Design for 2380 Shadywood
Road.
Walsh stated he would echo Council Member Printup's comments. Walsh stated from a standard land use
planning perspective, he has to look at the long-term vision for Navarre, and from that standpoint, when
the building is located at a main corner of an intersection, it should be more high retail. Walsh noted the
B-5 district is intended to provide a district for businesses that supply commodities or perform a service
primarily for the residents in the surrounding neighborhood. The B-4 district allows office use for which
there is limited contact with the public.
Walsh stated in his view, the memory care facility is a destination use and that the lot is not a destination
site. Walsh stated the memory care facility will not really benefit the residents in the immediate area. If
the zoning is changed to B-4, outpatient clinics would also be allowed. Walsh stated the building also
abuts residential neighborhoods and is within a block of the trail system where a number of children and
adults congregate on during the warmer months. Walsh stated the potential for other uses at this site if it
is rezoned is not compatible with the adjacent residential areas.
McMillan stated she agrees that this site should stay more commercial and have a use that would better
serve the area.
Levang stated she finds the B-5 zoning appropriate for this property and what she envisions for this site
going into the future.
Todd Osfthun noted the building has been empty for ten years and that clearly there is something that is
missing and that the zoning might be wrong for the site. Osfthun stated the City should look into why
they cannot find someone to purchase the property. Osfthun stated they have an investment group that is
willing to put some money into the facility and improve the site, which will be a great addition to the
neighborhood. Osfthun stated in his view the City Council should reconsider their decision and ask how
much longer the building will remain empty.
Osfthun stated they are also requesting a conditional use permit, which means that another type of use
cannot simply step into the building.
Walsh noted an outpatient clinic is a permitted use in the B-4 district. Walsh stated there are a lot of
reasons why buildings sit empty and that it is better not to make a wrong long-term decision. Walsh
stated in his view the B-5 zoning is appropriate for this site and that if the rezoning is changed, the City
could end up with a business that is not good for the neighborhood long-term.
Osfthun noted there is other B-4 zoning in the area and that this is the only spot that is zoned B-5.
Cornick asked if the Freshwater Institute is zoned B-5.
Barnhart indicated it is zoned B-4. Barnhart pointed out the areas zoned B-4 on the overhead.
Page 14 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
10. #16-3802 TCO DESIGN, 2380 SHADYWOOD ROAD — REZONING AND
CONDITIONAL USE PERMIT (continued)
McMillan asked if anyone from the public would like to comment on this application.
Loren Fritz, 3845 North Shore Drive, stated he moved to the community in 1968 and that his reason for
coming tonight is that he noticed there was some activity going on at this corner and that he wanted to
comment that it is positive someone was considering moving into this location. Fritz indicated he would
be in support of something going in there and that it would benefit the Navarre community.
VOTE ON THE MOTION: Ayes 4, Nays 1, Cornick Opposed.
Mattick noted the motion was to deny the rezoning and that there should be another motion denying the
conditional use permit.
Printup moved, Levang seconded, to deny the conditional use permit request by TCO Design for
2380 Shadywood Road. VOTE: Ayes 4, Nays 1, Cornick Opposed.
11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT
Curtis stated the applicant is proposing to construct a new home on the subject property which consists of
1.6 acres in area, 133 feet in width, and is located within the LR -1A district. The applicant is requesting
approval of lot area and lot width variances as well as a side street setback variance in order to place the
home 30 feet from Heritage Lane where a 50 -foot setback is normally required. A conditional use permit
is also being requested to allow the export of approximately 2,000 cubic yards of fill material from the
property as well as a variance to permit a 6 -foot tall open wrought iron style fence on the entire perimeter
of the property. The applicant is further requesting a second curb cut.
Since the Planning Commission meeting, the applicant has submitted a revised fence plan. The fence is
now proposed to stop near the sewer easement on the property and has been pulled back from Shoreline.
The fence is still proposed at six feet.
On January 19, the Planning Commission held a public hearing and reviewed the application. Following
the public hearing the Planning Commission voted 6-0 to recommend the following:
1. Denial of the fence height variance with the recommendation that the fence be redesigned;
2. Approval of the lot width, lot area, and side street setback variances;
3. Approval of the conditional use permit subject to conditions.
As noted within the memo, Staff recommends approval of the lot area, lot width, and street setback
variances as requested in conjunction with the proposed plan. Staff recommends denial of the variance to
permit construction of the fence exceeding 42 inches in height. Regarding the conditional use permit,
Staff recommends approval consistent with the conditions recommended by the Planning Commission as
outlined in Staff's report.
Page 15 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued)
Curtis noted a considerable amount of feedback has been received from the neighborhood on this
proposal.
McMillan asked if there is any engineering comment regarding the swale.
Curtis stated the engineer's comments do not impact the proposal and relate primarily to erosion control
measures.
McMillan stated she was unable to tell how much of an impact that would have as it relates to water flow
and whether it would cause flooding down at Shoreline following a major rain event.
Curtis stated the City Engineer has reviewed the plan.
Tashitaa Tufaa, Applicant, stated he currently lives in Minnetonka and that he is here on behalf of his
family. Tufaa stated he and his family would like to reside in this area and that they have been attempting
to find a place in Orono for the past seven years. Tufaa stated he and his family are very humble and
would be good residents.
Tufaa stated he would be able to answer any questions the Council may have.
Sven Gustafson, Stonewood, LLC, stated he has been working on a design for this home for the last year
and that the size of the home has been reduced from what was originally being contemplated. As it
relates to the conditional use permit, the grade is proposed to be cut by approximately six feet at the house
and then taper down, which will help to flatten the lot and slow down the water runoff. Gustafson stated
they also considered a rain garden down by the road but that the runoff should be less impactful than what
it is today. Gustafson stated the Swale would also not be visible from any of the neighboring properties or
road and is being done to help create a walkout on the northeast side of the home.
Gustafson stated they are anticipating 85 to 90 trucks being necessary to export the fill and that they will
be using the existing curb cut on Shoreline Drive. Gustafson stated they are also hoping to have the
foundation and the house built that way as well. Gustafson noted there is also enough space on site to
park construction vehicles.
Gustafson noted this property has street on three sides of it and that it is a somewhat large lot but that it
ends up with a fairly narrow building area due to the setbacks. Without the side setback variance and
with a 50 -foot side setback variance from Heritage Lane, it would result in an 85 -foot building area on a
175 -foot lot. The variance would allow the lakeside of the house to be wider and would be consistent
with the other homes in the area.
Curtis indicated the yellow lines on the sketch depict the house.
Page 16 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued)
Gustafson stated the white line on the homes shows the 65 -foot width on the other homes. Due to the
location of the proposed home, increasing the width of the structure would not impact the other adjoining
homes. Across Heritage Lane there is a different side street setback. Gustafson stated they are attempting
to avoid a long, narrow home by requesting the variance.
Gustafson stated the neighbors may comment that the proposed home is inconsistent with the other homes
in the neighborhood but that they have put together a slide show illustrating the footprint of other homes
in the neighborhood. Gustafson noted the proposed home has a footprint of 2,881 square feet.
Gustafson stated as it relates to the fence, it is for the safety of one of the children who likes to run and
explore. Gustafson stated at their current home they have a similar fence that keeps him safely on the
property. The fence has been pulled back a little bit further than what was originally requested while still
creating a nice play space. Gustafson stated there could also be some gates in the fence if the neighbors
would like that so the fence does not block the children's route to the bus. The fence would be a wrought
iron fence and would not really impact the views from any of the neighboring properties.
Gustafson stated of the 19 homes on Heritage, nine of them have two curb cuts. Of the ones that have
two curb cuts, they are all located on the same street and that they are only requesting one curb cut onto
Heritage Drive. Gustafson stated the two curb cuts would allow for easier access to the property.
Printup asked if the reason why the home is sitting crooked on the lot to prevent it from looking long and
narrow.
Gustafson stated they did that for the views and that they also did not want the garage doors facing
Heritage Lane for aesthetic purposes. Gustafson stated they ended up putting the garage doors on the
back of the house, which would also allow for a backup apron.
McMillan asked if the garage would impact the neighbors more. McMillan stated there appears to be a
lot of driveway even though they are under the hardcover limit and is related to the garage situation.
McMillan stated she understands the desire to hide the garage doors, but that it is creating a lot more
hardcover than what would normally be required.
Gustafson stated they did not receive any comments from the neighbors regarding the driveway during
the neighborhood meeting. Gustafson stated there are a number of communities that have architectural
standards and typically one of the standards is to limit the number of garage doors that face the street.
McMillan stated that may be a trade-off to the neighbor and that there can be more activity occurring on a
driveway apron than what someone might think of,
Gustafson stated they would likely soften it with vegetation and trees.
McMillan indicated she basically has a concern with the amount of blacktop.
Page 17 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHTTAA TUFAA,1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued)
Walsh stated his concerns center around the practical difficulty issues given the fact that this is an empty
lot. Walsh stated there is no practical difficulty for the conditional use permit.
McMillan noted a conditional use permit does not require a practical difficulty.
Walsh stated he would not angle the house within the building envelope since that throws off the setbacks
and instead straighten it out to see if any variances are required. Walsh stated he also is not a big fan of
the two driveway cuts and that one curb cut would be fine, especially given the amount of driveway that
is then required.
Walsh stated the fence is more of a long-term issue and that he is not sure a 6 -foot fence around the entire
property is necessary, especially from an aesthetics standpoint. Walsh stated he has a lot of questions
about how the project is being laid out on the lot and that they could probably bring the house further
back.
Gustafson indicated he has constructed a number of homes on the lake and that every one of them was
pushed as close as possible to the lake. Gustafson stated they are still pretty far from the lake.
Walsh noted one of the neighbors had voiced some concerns at the Planning Commission meeting about
the location of the house and that he was bringing it up so they could consider it.
Levang asked how guests would enter the property. Levang asked if the visitors would enter off of
Heritage Lane and then exit onto Heritage Drive.
Gustafson stated that was the thought and that a number of the other properties in the area have a circular
drive. Gustafson stated if there was not a second curb cut, they would have to create additional parking
area.
Levang stated if the Heritage Lane curb cut was eliminated, guests would need to back up and a bump -out
would probably be required but would eliminate one curb cut and possibly reduce the hardcover.
Gustafson noted they are well under the hardcover limit and that the driveway would likely have to be
made wider for parking.
Levang noted they have pulled the fence back from what was presented at the Planning Commission and
varied it somewhat, but that there might be a way to shorten it up back near the driveway off of Heritage.
Levang commented she wants to be compassionate about the special needs child but that there might be a
way to shorten it up.
Gustafson asked if it is the height of the fence rather than the location or amount of fence that is the main
concern.
Levang indicated it is.
Page 18 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERIVIIT (continued)
Tufaa stated his son is 12 years old and is already 5'19".
Printup stated he has some concerns with the positioning of the garage and the impact on the neighbor.
Printup stated given the configuration, it appears cars would be aimed directly at the neighbor's house and
that he would like to see that changed somewhat. Printup stated with the house being crooked to
accommodate the garage, if it is straightened out, one of the variances would likely be decreased or
eliminated.
Gustafson indicated it might lessen it by a couple of feet.
Printup stated as it relates to the fence, he has a concern with increasing it to six feet rather than going
with what is allowed. Printup stated his main concern is the configuration of the garage.
Levang asked if the garage lines up with the neighbor's garage.
McMillan stated it is difficult to tell.
Levang noted it appears the two garages face each other.
McMillan stated she had a 6 -foot fence in her neighborhood to keep a group of dogs in and that it
definitely created a different feel and look in the neighborhood. McMillan stated in her view granting a
variance for that fence was a mistake and that the property looks much better without it. McMillan stated
she understands they have needs but that the smaller fence size helps to create a better visual effect for the
neighbors.
McMillan stated she also would like to see one access but that she does not prefer either one. McMillan
stated she has some worries about the two curb cuts given the fact that this is a corner lot and people
corning around Heritage Lane.
Printup asked whether the Shoreline Drive access would be eliminated or whether it could be used at
some point in the future.
Curtis indicated it is an existing curb cut and that she does not know what Hennepin County's position is
on that.
Gustafson stated they have not checked with Hennepin County regarding that.
McMillan commented typically Hennepin County wants to see the least amount of curb cuts as possible.
Walsh stated in his view the side yard setback should be reduced and that the angle of the house is not a
practical difficulty. Walsh stated the applicants should reduce the side yard setback.
Gustafson stated they are balancing the issue with the garage and the setbacks. Gustafson stated the fact
that this lot is surrounded by three roads is a practical difficulty.
Page 19 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued)
Walsh noted the property owner knew that at the time he purchased the property.
McMillan stated this is a corner lot and that the applicants are saying that is a practical difficulty given the
setbacks. McMillan stated there will be issues with the fact that it is a corner lot and that it is long and
narrow but that does not make it a practical difficulty. McMillan indicated she understands the desire for
some side setback variance but that she is not in favor of the amount being requested.
McMillan asked whether the applicants would like to table the application and incorporate some of the
suggestions made by the Council.
Gustafson stated he would like some more direction on the side yard setback.
McMillan noted the Council has received some letters from a few of the neighbors and that she would
open the meeting up at this time for public comment.
Stephen Charrier, 1910 Heritage Drive, stated he owns the house adjacent to this property. Charrier
stated their number one concern is maintaining their privacy and that they currently have a very peaceful
lot. Charrier stated he understands he could have purchased this lot and did not but that he would like to
protect as many trees as possible. The trees were planted a number of years ago and make a nice buffer.
Charrier stated they would also like to see additional trees planted between the properties if at all possible.
Charrier noted the lights from the driveway will shine into their kitchen and that he would like to see the
driveway reconfigured to minimize that. In addition., the lakeshore setback is a concern. Charrier stated
at the time the house at 1860 was constructed, they went back and forth on the location and it was
eventually placed further back from the lake. Charrier stated he would like to see some sort of
compromise with the location of the house. Charrier stated he has seen another drawing where the houses
were lined up.
Curtis noted that was a Staff drawing.
Charrier stated he would be in favor of that drawing. Charrier stated he is unable to understand the
average lakeshore setback line and why they are not parallel. Charrier noted the lots are angled and that
he does not understand how the house could be that much forward.
Walsh suggested Mr. Charrier and the contractor get together to see whether a compromise could be
reached.
Charrier indicated they have attempted that and the communication was eventually ended. Charrier stated
the contractor did not express much willingness to engage in any give and take.
McMillan noted the applicants are not requesting an average lakeshore setback.
Charrier stated he never would have imagined this house could be located where it is proposed and that
moving the house further back would make a huge difference to them.
Page 20 of 32
MINUTES OF THE
ORONO CITY COUNCIQ, MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued)
McMillan requested an explanation be given on the average lakeshore setback line.
Barnhart stated the average lakeshore setback line is different in this situation due to the street setback.
Barnhart indicated the line is measured only from the adjoining neighbor's house and that the distance is
measured at a right angle to the shoreline. That distance is 359 feet according to the survey. Barnhart
indicated it would be the shortest distance to the ordinary high water line at a right angle to the shoreline.
Charrier stated the previous house on this lot was also set back further from the lake that what is being
proposed and that it was pretty much a straight line. Chander requested their privacy be maintained as
much as possible.
Gustafson noted the neighboring home is 359 feet from the lake and their proposed home is 383 feet from
the lake. Gustafson stated to push it further back would be pretty restrictive. Gustafson stated if the take
the average lakeshore setback line from the neighbor's house and bisect this house, it does not impact the
neighbor's view of the lake but it will impact their view from Heritage Lane.
Gustafson indicated they would be willing to continue the discussions with the neighbors.
Charrier stated it was his understanding the home was set back 360 feet.
Curtis indicated it is and that the 380 was a typo. Curtis noted the lakeshore is not straight, which
accounts for the difference.
Charrier indicated they would be willing to meet with the applicants.
Dennis Libby, 1000 Heritage Lane, stated he is here tonight as an officer of the Foxhill homeowners
association in place of Steven Byrnes, who is out of town. Libby stated he did print a complete copy of
the project and carefully reviewed it this afternoon.
Libby stated there are two main concerns with this project and one deals with safety. Libby noted there
are over 46 residents that reside in this neighborhood. The neighborhood basically has one access in and
out and every time there is a project of this size and magnitude, it will impact the surrounding
homeowners. Libby stated even though 1830 is not a member of the Foxhill homeowners association,
they are literally surrounded by the other homes in the association.
Libby stated this is a unique boating community, with one of the largest commercial dock installations on
Lake Minnetonka. Libby indicated he has enjoyed living in this neighborhood and having his boat
docked down the road. Libby stated in order for the residents to traverse to the dock from their homes,
they typically will have to drive down Heritage Lane because they have provisions and other items that
they need to haul. Because of that, there needs to be a place to park. Libby stated the driveway cut will
present a safety issue and a deterrent to people who need to park along that public street. Libby stated the
second driveway cut will present a safety issue to the driveways located on the other side of the street and
would eliminate some of the parking that has existed since 1963.
Page 21 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued)
Libby stated he would like to note that since 1983, Orono has required that new driveways have a turn-
around, which in this case would be an intelligent alternative to consider rather than a second curb cut that
would impact the residents of this neighborhood.
Libby stated he was very relieved to find out from the designer and builder that their intention is to use
access onto County Road 15 for the construction traffic. Libby asked which one of these trucks would be
turning from the lot onto County Road 15.
McMillan stated that is probably known at this point.
Libby stated given the size, weight, and length of the vehicles, some of the same considerations should be
given to this project as was given to other developments. Libby suggested only right-hand turns be
allowed in and out of this construction project for safety onto County Road 15 and that they should not be
allowed access down Heritage Lane. Libby noted Hennepin County does not have any mandate that
would supersede the City's authority regarding access.
Greg Coward, 1950 Heritage Drive, noted he has been before the City Council when other projects have
been proposed and that the Foxhill residents may be getting the reputation that they are always against
new development but that isn't always the case.
Coward stated when the 1860 Shoreline development was first discussed, 7,000 cubic yards of dirt were
proposed to be removed from that site. That project was approved unanimously by the Planning
Commission and the City Council was about to approve it except for the requests of the neighbors that;
number of changes be made that would be more favorable to the adjoining property owners. Coward
noted the residents did not show up regarding construction at 1955 Heritage Drive or for the
reconstruction of 1135 Heritage Lane or for the construction at 1910 Heritage Drive. Coward stated the
residents felt those homes were perfectly fine for the neighborhood given their size.
Coward stated in this application, it is the feeling of the neighbors that this is too big of a house on too
small of a lot. Coward stated at the Planning Commission meeting, a question was asked why there were
no comments about Orono's Comprehensive Plan regarding preservation of neighborhoods. One of the
Commissioners then asked if the lot in question is part of the Foxhill homeowners association. When he
was told that it is not part of the homeowners association, that commissioner said that this lot is not in the
neighborhood and therefore it does not make any difference what happens with this lot. That
commissioner then proceeded to point to the houses across the street and said that those homes will
someday be made much bigger and that it does not make much difference if this project is approved or
not.
There were no further public comments.
McMillan suggested the City Council discuss the bullet points contained in Staffs report. McMillan
stated the variances for lot width and lot area are typically granted and are merely saying that the lot is
substandard. McMillan noted those would be administratively approved if there was not a side setback
variance being requested.
Page 22 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued)
McMillan asked if the Council is in agreement that there only be one curb cut.
It was the consensus of the City Council that there be only one curb cut.
McMillan stated the Council should perhaps discuss where the curb cut should be located. McMillan
asked if the Council feels the driveway should be smaller.
Mattick noted that the applicants meet the hardcover requirements and that perhaps the Council could
look at that after they revise their plans.
Walsh commented the driveway would likely be smaller simply as a result of one of the curb cuts being
eliminated.
McMillan asked how the Council feels about the fence.
Printup, Walsh and McMillan agreed there does not appear to be a practical difficulty for the higher
fence.
Levang asked if there is one section that they would be allowed to have a 6 -foot fence.
Curtis indicated that is correct. Curtis stated a 6 -foot fence would be allowed from the setback at the 50 -
foot setback up to the average setback line.
McMillan stated it appears the majority of the City Council is in agreement that the fence should be
limited to 42 inches in height.
McMillan asked if the City Council is okay with the conditional use permit.
Levang and Walsh indicated they are fine with the conditional use permit.
McMillan asked if there will be any landscaping.
Curtis stated if the Council would like to see the landscaping, they should specify that in the direction to
the applicant.
It was the consensus of the City Council that the applicants submit plans reflecting the landscaping they
are proposing.
McMillan stated the Council should next discuss the side setback variance.
Walsh stated in his view the house should be redesigned and the side setback variance reduced. Walsh
stated he does not believe a 20 -foot variance is needed.
Page 23 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
11. ##16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued)
McMillan recommended the setback variance be minimized as much as possible.
Gustafson stated without some real specificity on what the Council is willing to approve, they are asking
them to redesign the entire home, the site plan, draw a landscape plan, and then hope that they minimize it
to a point that is acceptable. Gustafson stated he would like some more specificity on what they can do
and that in their view by minimizing the side setback, the house would be fairly narrow.
Gustafson pointed out the variance that is being required on the overhead.
Mattick asked how much room is available on the other side
Gustafson stated they are touching on that side.
Mattick asked if the Council is suggesting the garage be pulled closer to the neighbor.
Walsh stated he is suggesting the house hug that line and bring it back. Walsh stated they could also talk
with the neighbors about moving the house back. Walsh stated he is not sure he can specify a particular
number.
Gustafson noted it would probably eliminate a room and a half on the lakeside of the house because they
would be shrinking the width of the house. Gustafson stated given the square footage the homeowner
would like, the house will appear to have more massing if it is shrunk down. Gustafson stated in his view
homes get less attractive when they become narrower. Gustafson noted if they move the garage doors to
the other side, the neighbors would be looking at the back side of the garage and that there is not really a
way to dress that up.
McMillan asked why they are not able to make the back side of the garage attractive.
Gustafson noted it would be the back side of a four -stall garage and that it would be fairly long.
Walsh stated on the one setback line, they have more flexibility.
Gustafson stated if you look at the side that is facing the neighbor, they attempted to make it more
attractive.
Walsh stated that is the line they can work with and they can make the house more attractive by perhaps
eliminating some of the bump -outs.
McMillan stated she does not want the Council to get into a major redesign of the house and that they
should provide some direction on what they can tolerate for a side setback variance.
Mattick asked if it is as simple as switching the garage doors and then the variance on the side is okay
Page 24 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued)
Gustafson stated they could show the Council what that looks like and that is how it was originally
designed. Gustafson stated they did not like the way it looked as much as they did with bringing the
garage doors around the back.
McMillan stated they could perhaps have two garage doors facing a different direction, and that whenever
there are four garage doors in a row, it is going to look less attractive.
Gustafson noted that would add probably quite a bit of asphalt.
McMillan stated the applicants will need to figure out but that she would recommend they look at a
different configuration for the garage. McMillan stated the neighbors will have to look at it every day
with cars going in and out. McMillan stated there could perhaps be some plantings in between some of
the stalls.
Printup stated in his view the design of the garage could perhaps be worked out with the neighbors.
Walsh stated the direction is that the Council wants the setback encroachment to be as small as possible.
Gustafson asked if the Council is able to give them a specific cumber. Gustafson noted there will be
considerable costs incurred to redesign the house.
McMillan asked if there are full drawings on the house already.
Gustafson indicated they have three renderings and 3D elevations of the cut and fill from the lake side.
Gustafson stated in order to create the visual for the City Council, they would need to put a lot of time
into it.
Mattick stated the options at this point are to vote on it as it stands or table it to see if the applicant would
like to redesign it.
Walsh stated if the application is voted down, they would have to start all over and that redesigning it
would allow them to continue.
Gustafson stated they would like to table it but that he would like more direction on the side setback.
Gustafson asked if there would be any leeway based on the average width of the homes in the
neighborhood. Gustafson indicated they attempted to make this home similar to the other homes.
McMillan stated the only difference is the fact that this is a corner lot, which reduces the amount of
buildable area.
Walsh noted they only have to deal with one neighbor as far as aesthetics, which is a positive.
Printup asked if any of the other homes in the neighborhood have received setback variances.
Page 25 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
11. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830
SHORELINE ROAD, VARIANCES AND CONDITIONAL USE PERMIT (continued)
McMillan stated she does not believe so and that to her understanding the two closest homes conform to
the side setback.
Gustafson noted the red home received a variance to move closer to the lake.
Printup moved, Walsh seconded, to table Application No. 16-3802, TCO Design, 2380 Shadywood
Road.
Mattick asked how long the applicants will need to redesign the house
Gustafson stated they can extend the time limit if it takes longer than a month. Gustafson requested Staff
let them know when that time period will expire and whether it needs to be extended.
VOTE: Ayes 5, Nays 0.
(A recess was taken from 9:55 p.m. to 10:00 p.m.)
12. 1VIARIAM CONCEPTUAL REQUEST TO EXPAND MUSA BOUNDARY
Barnhart noted this item appeared before the City Council in January and that the applicant is requesting
the City Council to consider extending the MUSA boundary. At that time the Council directed Staff to
review the implications with the Metropolitan Council and report back.
On January 27 Staff met with representatives from the Metropolitan Council to gain a better
understanding of the implications of a number of proposed developments. It appears that expanding the
MUSA boundary to accommodate this request could be accommodated within the City's current limits.
Barnhart stated from a density standpoint, the Comprehensive Plan identifies density at a rate of 3.29
units per acre. When the density is adjusted for the Mariani property, the density would drop down to 3.2
units per acre. If it is adjusted to include both the Mariani and the James properties, the density would
drop down to 2.80 and the City would need to identify additional areas where higher density could go.
Barnhart noted the City does not have a lot of areas where higher density would be able to be located.
Further, the Comprehensive Plan guides the Mariani property for park, recreational and open space to
accommodate future expansion of Three Rivers Park District's Baker Park. There are other properties
that are also identified for park, recreational and open space in the area, but Three Rivers did not elect to
purchase this property at the time it was for sale. The expansion of urban services may be considered
inconsistent with the Comprehensive Plan as it implies long-term support for residential land use.
Staff does not recommend the MUSA be expanded as a Type III system is a viable option and extension
of the urban service does not appear consistent with the long-term plan for the area.
Printup stated he supports Staff's findings and that this might not be a situation involving the City.
Printup asked whether Mr. Marian has received any feedback from the septic contractor.
Page 26 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
12. MARIANI CONCEPTUAL REQUEST TO EXPAND MUSA BOUNDARY (contdnued)
Marian indicated they are under state review at this time. Marian stated he spoke with the state
representative earlier today and that they expect to have a formal finding completed sometime next
month.
Mariani stated he also spoke with the director of planning at Three Rivers Park and she indicated that it
would not matter to the park district if there was a sewer connection. Mariani stated Three Rivers Park
appears to be looking for properties that are either donated or sold at the assessed value. Marian stated
he was also told that Three Rivers has no formal plans to purchase any property in this area at this time.
Marian stated the other option he has is to install a Type III system, which was originally listed as an
experimental system. That system was later changed to other even though there were no changes made to
the requirements or design of the system. Mariani noted he has only one site to put a septic system and
that contractors will not guarantee a Type III system but they will guarantee a Type I system. Marian
stated he was hoping the City would be willing to help him out.
McMillan asked if he owns both properties.
Marian indicated he bought both parcels with the condition that the lots would be split, which has
occurred.
McMillan asked if there is room for any system on either site.
Marian stated a Type III system can be put on any lot and that a Type I system could possibly be
constructed on the lower lot. Mariani noted there is also an easement in the area of the other possible site
on this property.
McMillan asked if a new system needs to be installed in the near future.
Marian stated it does. Marian stated the drain field is gravity fed and is actually for the other property.
Gaffron stated the existing drain field likely crosses the property line and that the City approved two new
sites on this property and two sites on the other lot. The survey also did not show the easement. Gaffron
stated to his knowledge a Type III system requires additional sand and is based on the water table being
too close to the surface as well as how the soils percolate. Gaffron noted the soils on this site have been
disturbed and that there are some risks with a Type III system. Gaffron stated on the other hand, the
system could work just fine.
Marian stated he will be required to spend up to $30,000 to put in a Type III system that may not work
for very long and then he will be back before the City Council. Marian commented it is a huge gamble
on his part and that he would like to be included in the MUSA system.
Barnhart stated Staff is looking for some direction on whether this property should or should not be
included in the MUSA,
Levang asked if it would make a difference if the density on the James property changes
Page 27 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
12. MARIANI CONCEPTUAL REQUEST TO EXPAND MUSA BOUNDARY (continued)
Gaffron stated the density on the James property is 2.75 currently and the Eisenger property would have a
density of approximately 5 to b units per acre in an area where it is guided for 10 to 15. Gaffron stated
Staff will need to look for other sites within Orono that can be guided for higher density if those two
properties are approved for lower density.
Loftus asked whether the City has previously included lakeshore properties in the MUSA.
Gaffron stated the density issue goes back 10 or 15 years and that a majority of the shoreland areas were
included in the MUSA back in the early 2000s. With the previous Comprehensive Plan, the Metropolitan
Council required the City to guide more property at a higher density in order to develop more 2 -acre lots.
McMillan stated it was her understanding that if the septic system is older than 1985, that the property
owner could hook into the city sewer or MUSA without it counting toward the City's density.
Gaffron stated if it is brought into the MUSA, it counts against the City's density.
McMillan asked when that was changed.
Gaffron stated the Metropolitan Council will allow them in and that it appears to be fairly recently where
they have taken the position that it counts against the density. Gaffron stated Staff was informed of that at
the recent meeting with the Metropolitan Council.
McMillan commented at one time the City had a cushion, but that it does not appear that exists any
longer.
Mariani stated it sounds like the City will encounter the density problem in the future but that he is hoping
the City will side with him in this case.
McMillan stated it does not make sense to run the sewer line down and then only hook up one property.
Marian commented he does not know whether it will be necessary to hook up the second lot at this point.
McMillan stated it probably should have stayed as one lot.
Marian stated if the property had remained one lot, he would have also paid less for the property.
McMillan stated he could go back to the septic contractor.
Mariani indicated they only carry a $10,000 bond.
Walsh stated they likely also have errors and omission insurance.
Marian stated he was told he could apply for up to $10,000 against their bond. Marian stated his whole
idea was to sell this house and construct a new house on the other property. Mariani noted he had to turn
down an offer to sell the property because he is not able to sell it.
Page 28 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
12. MARIANI CONCEPTUAL REQUEST TO EXPAND MUSA BOUNDARY (continued)
Cornick asked whether it would be advisable to get an expert opinion on a Type III system
Gaffron stated the City's septic inspector's opinion is that the City can allow the Type III system but that
there is some uncertainty as to whether or how long it will work. Gaffron stated someone would not be
able to determine whether a different type of system can go in there until sometime this spring.
Barnhart noted the Councils packet does include some information on a Type III system and that it is his
understanding a Type III system is a modified Type I system. Barnhart stated the modification could be
as simple as additional sand. A Type III system is allowed under Orono Code but there is no guarantee
for how long they might last.
Mariani stated one of the stipulations for splitting the property was that there be two Type I sites
available, which turned out not to be the case.
Levang asked if there would be any benefit to tabling this.
Marian stated he has talked to lots of people and that it is their opinion a Type III system is not as good
as a Type I system and is not guaranteed. Mariani stated the Council could either elect to believe him or
get their own information.
Printup moved, Cornick seconded, to deny Mr. Mariani's request to expand the MUSA boundary.
VOTE: Ayes 4, Nays 1, Levang Opposed.
MAYORICOUNCIL REPORT
Walsh reported he and Council Member Printup attended a fire commission meeting last week and that
they went over budget issues for 2016 and beyond. There was also a good discussion about fire truck
replacements and the need to obtain additional information. A discussion was also had regarding the
Wayzata fire service agreement and more information will be gathered relating to that.
Cornick stated he received one phone call from an irate resident following one of the recent snowfalls
who indicated that someone knocked down his mailbox. Cornick stated it appeared the mailbox was hit
by a snowplow. Cornick stated he directed the resident to call the Public Works Department to request
that it be repaired, which it was, and that the resident has indicated that his mailbox is now better than
ever.
Levang reported she attended the Park Commission work session last week and that they are looking at
improvements to Saga Hill Preserve. A forester has been brought in and areas will be designated for
future work. Lurton Park was also discussed and a plan is being developed for the off -leash dog park.
Levang stated she also attended the Planning Commission's listening session where the two topics of
discussion were the lighting ordinance and the vacation home rental. Both of those items were tabled but
there was good attendance at the meeting.
Page 29 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT (continued)
Printup stated he has received some valuable feedback over the past three or four weeks regarding
short-term rentals and that he will be sharing it with the Council. Printup stated when the issue of
sobriety, alcohol and drugs, sexual offenders and chemical dependency is brought up, the question
becomes what the City can do to regulate it and that the Council should have that conversation at some
point.
Levang asked if he is thinking of a new ordinance.
Printup stated it could perhaps be some type of land use regulation. Printup stated he would like the City
Attorney to give some thought to it since it is likely it will fall under state rules.
Mattick stated as it relates to sobriety homes or licensed facilities, the City does have quite a bit of leeway
to regulate those. Mattick stated issues with sex offenders have been discussed in other communities as
well as keeping alcohol and drugs out of parks, etc. Mattick stated he could put together some
information on what other cities have done and also review the City's current ordinances to see how they
are handled. Mattick stated there is a staff meeting this week and they can discuss a timeline for putting
that information together.
McMillan reported she attended the Highway 12 Safety Coalition meeting last Thursday and that there
was a discussion regarding the recent fatality that occurred in January. McMillan noted that accident was
alcohol related and not related to highway design. McMillan stated a couple of members of the coalition
stressed encouraging and educating people to call 911 whenever they observe someone who is driving
erratically. McMillan stated Police Chief Farniok has also dedicated additional hours of patrol on
Highway 12 in an attempt to reduce the number of accidents.
McMillan stated the three areas of priority funding the coalition is looking for out of the 2016 legislative
session would cover the area near Highway 12 and County 92, the area of County Road 90, and extension
of the concrete barriers. Hennepin County is also looking at the possibility of installing a concrete barrier
near the west end of Highway 6 to County Road 29 in Maple Plain.
McMillan noted Orono received the ranking of fifth safest city in Minnesota as it relates to the least
number of violent crimes, which is good news. Orono's previous ranking was 15.
CITY ADMINISTRATOR'S REPORT
City Administrator Loftus reported this past weekend there was a training with 14 community leaders at
the police department on "use of force". The police department received some positive feedback on the
stimulation and they are considering holding another one sometime in the fall. Loftus stated the event
provides some good insight into some of the dangers that police officers face.
Loftus stated Staff also received a schedule from Hennepin County on paving projects for 2016. County
Road 19 will be receiving an overlay from the southern intersection of County Roads 15 and 19 in
Navarre all the way to Shorewood. Also planned is repaving of County Road 201 at the end of August.
Page 30 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
CITY ADMINISTRATOR'S REPORT
Loftus noted an advertisement looking for seasonal golf course workers has been placed on the City's
website under the Public Works Department.
*13. REQUST FOR PROPOSAL (RFP) SCHEDULE —RESOLUTION NO. 6585
Levang moved, Printup seconded, to adopt Resolution No. 6585, a Resolution Adopting Request for
Proposal (RFP) Schedule. VOTE: Ayes 5, Nays 0.
*14. WESTERN COMMUNITIES ACTION NETWORK (WeCAN) REQUEST FOR CDBG
SUPPORT
Levang moved, Printup seconded, to approve sending a letter of support for the CDBG grant
application being submitted by the Western Communities Action Network. VOTE: Ayes 5, Nays 0.
*15. ORONO POLICE GARAGE —PAY REQUEST NO. 17
Levang moved, Printup seconded, to approve payment to Lambert Commercial for work
completed on the Orono Police Garage project in the amount of $27,064.75.
VOTE: Ayes 5, Nays 0.
*16. LICENSES & PERMITS
Residential Kennel Licenses
1. Leslie Hahn
809 Brown Road North
2. Steve and Kathi Johnston
2335 Shadowood Drive
Levang moved, Printup seconded, to approve the above -listed licenses. VOTE: Ayes 5, Nays 0.
*17. CLAIMS/BILLS
Levang moved, Printed 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 10:41 p.m. VOTE:
Ayes 5, Nays 0.
Page 32 of 32
ATTEST:
iegs, City Clerly
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 8, 2016
7:00 o'clock p.m.
Page 32 of 32
nt: Aj-K&dL
Lili TJod McMillan, Mayor