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V:\(LEGAL FORMS)\(FORMS)1PUBLIC ATTENDANCE.DOC
Agenda for Council Meeting Set for Monday, October 27, 2014, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Roll Call
Pledge of Allegiance
Approval of Agenda - AMENDED
1. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine items to
be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent
Agenda are reviewed in total by the City Council and may be approved through one motion with no further
discussion by the Council. Any item may be removed by any Council Member, staff member or person from
the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state
the item number and description of the item. Memos regarding each of the Agenda items are available in the
Public Packet located in the lobby near the sign in sheet.
Approval of Minutes
2. * Regular Council Meeting of October 13, 2014
Public Hearing – 7:00 pm
3. Certification of Delinquent Utilities
4. Certification of Unpaid Services Charges
5. Certification of Hazardous Building Costs
Presentation
6. Hennepin County Update from Commission Jan Callison
7. Recap of 125th Anniversary Celebration – Photos and Recognition
Planning Commission Comments – Loren Schoenzeit, Representative
Public Comments – (Limit 5 Minutes Per Person)
This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or
take action on items presented at this time. However, the council may refer issues to staff for follow up or
consideration at a future meeting. Speakers should state their name and home address at the podium before speaking.
Planning Department Report
8. 13-3615 James Anderst on behalf of Narrows LLC, 3380-86 Shoreline Drive - CUP
Amendment
9. 14-3691 Source Land Capital, 405 North Arm Dr - Preliminary Plat
10. 14-3689 Lakeshore Holdings, LLC - 2490 Carman Street - Variance
Public Works Director/City Engineer’s Report
11. Pavement Management Plan
12. Watertown Road and Stubbs Bay Road Rehabilitation
13. Navarre Street Light and Sidewalk Project – Pay Request No. 3 and Change Order No. 1
Mayor/Council Report
Agenda for Council Meeting Set for Monday, October 27, 2014, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification
City Administrator's Report
14. City Clerk Appointment
15. Disposal of Forfeited Vehicles
16. * Licenses & Permits
- Massage Therapy License
17. * Claims/Bills
City Attorney's Report
18. Stipulation of Dismissal and Termination of Lot Combination Agreement
19. Closed Meeting pursuant to Minn. Stat. 13D.05 Subd. 3(b) to discuss litigation with the City
Attorney regarding Nygard v. Orono
20. Consideration of Interim Ordinance Temporarily Prohibiting Small Wind Energy Conversion
Systems
Adjournment
Upcoming Events
2014
11/03 – Park Commission Meeting, Tuesday, 7:00 p.m.
11/04 – General Election
11/10 – Council Meeting, Monday, 7:00 p.m.
11/17 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Mayor, McMillan)
11/24 – Council Work Session, Monday, 5:00 p.m.
11/24 – Council Meeting, Monday, 7:00 p.m.
12/08 – Council Meeting, Monday, 7:00 pm
12/24 – Holiday – Christmas Eve – Offices Closed
12/25 – Holiday – Christmas Day – Offices Closed
12/26 – Holiday – Day After Christmas – Offices Closed
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 1 of 21
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMillan, Council Members Cynthia Bremer, Lizz Levang, and Aaron Printup. Representing
Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development
Director Andrew Mack, Senior Planner Michael Gaffron, City Planner Melanie Curtis, City Attorney
Soren Mattick, Public Works Director/City Engineer Adam Edwards, 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
1. CONSENT AGENDA
Item Nos. 5, 6, 10-15, 16-20 were added to the Consent Agenda.
Bremer moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
*2. CITY COUNCIL WORK SESSION OF SEPTEMBER 22, 2014
Bremer moved, Printup seconded, to approve the minutes of the Orono City Council Work Session
of September 22, 2014, as submitted. VOTE: Ayes 4, Nays 0.
*3. REGULAR CITY COUNCIL MEETING OF SEPTEMBER 22, 2014
Bremer moved, Printup seconded, to approve the minutes of the Orono City Council meeting of
September 22, 2014, as submitted. VOTE: Ayes 4, Nays 0.
LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE
McDermott stated the milfoil harvesters have been put away for the year and there were very few
incidents on the lake. The LMCD is currently considering a few options relating to the trash situation
near Big Island consisting of possibly installing some floating trash receptacles and/or arranging to pick
up the trash following different events. The penalty is currently a misdemeanor and the LMCD is looking
to possibly change it to a civil penalty in an effort to curb improper trash disposal. McDermott stated
currently volunteers are picking up the trash and that the LMCD will likely be working with marina
owners, the LMA, and other property owners on the lake.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 1 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 2 of 21
(LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE, Continued)
McDermott noted the LMCD recently changed the language in the marina ordinance as it relates to
qualifying as a commercial marina and are now looking at yacht clubs and city dockage, which will not
impact Orono. McDermott indicated the committee is currently working through the process of tweaking
the ordinance.
The LMCD also recently approved the Browns Bay dock situation to bring them back into compliance.
This development received a favorable vote this past meeting, there are still some outstanding issues that
will need to be dealt with.
McMillan asked if there are any other places around the lake where there is a trash problem outside of
Big Island.
McDermott indicated Cruisers Cove and Big Island are the main ones at this time as well as an area in
Maxwell Bay.
McMillan asked what the water level of Lake Minnetonka is.
McDermott stated the water level is average for this time of year due to the area experiencing average
precipitation this fall. McDermott noted it took the majority of the summer for the water level to fall to
where it normally is at.
PLANNING COMMISSION COMMENTS – DENISE LESKINEN, REPRESENTATIVE
Leskinen stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
Amy Divick, 1780 Martha Lane, Long Lake, stated she is here tonight to comment on the Beacon
Interfaith Housing Project, which was officially proposed to the Long Lake City Council on October 7.
Interfaith has proposed the first phase of a two phase planned development at the corner of Wayzata
Boulevard and Brown Road. Divick indicated Beacon is an interfaith organization who partners with
congregations in the Twin Cities to help alleviate homelessness. The project is being done in conjunction
with the Wayzata Community Church and would require a block of land owned by the City of Long Lake
and adjoining property owners be sold or be donated to Beacon Interfaith.
Divick indicated the first phase of the project calls for 40 to 50 units to be built and would be largely or
100 percent government subsidized tenants. Phase two would consist of an additional three buildings of
townhomes of a similar nature. Beacon Interfaith has a goal to start construction in June of 2015. The
estimated tax revenue is approximately 10,000 per year for Long Lake.
The Beacon project was presented to the City of Long Lake in a work session for the first time on,
October 7. In this session, the Long Lake Council directed their city attorney to move ahead with good
faith negotiations on the sale of the land.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 2 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 3 of 21
(PUBLIC COMMENTS, Continued)
Divick noted few community members know about this and a number of citizens are concerned about the
direction to move forward with good faith negotiations when there is so little known about the project.
Divick stated she was disappointed that the Orono City Council was not brought into the discussion since
this project will impact both communities. Divick stated the first reason she is concerned about the
project is that she lives two blocks away from the development but that a number of Orono residents live
even closer to it. The second concern relates to the fact that Orono schools will need to absorb the
additional students. Currently the school district is approaching or has already exceeded the maximum
number of students allowed and it is likely that the residents will be faced with a tax increase to
accommodate these students.
Divick noted Wayzata Boulevard is the gateway to both Orono and Long Lake and could use some
updating. Divick indicated she received a call today from a business owner in Long Lake who had no
idea this was going on. The business owner indicated that when people come here from Minneapolis,
they ask what is wrong with this town, which is sad because there is so much potential for the area.
Divick stated constructing 40 to 50 units that will be largely government subsidized is not the most
strategic decision to achieve a thriving, charming and community oriented town center for both Long
Lake and Orono residents.
Divick stated the fourth concern is that the Orono and Long Lake communities will not be able to absorb
these additional residents. Divick stated when you look at the other communities Beacon has invested in,
such as Edina and Minneapolis, the number of units being proposed for this development based on square
acreage is nearly 26 times the rate of concentration compared to Minneapolis and Edina. Long Lake and
Orono also do not have the infrastructure for the people moving in; no jobs, little public transportation,
and no government agencies in town.
Divick stated the last concern relates to the fact that Beacon typically only retains partial ownership in
their other projects. The other owners are unknown at this point and many other questions remain to be
answered that need to be answered.
Divick stated she does not believe it is a secret that Long Lake is not thriving and prosperous but that
putting a largely government sanctioned housing development with a high percentage of low income
housing is not a sound strategic decision for the community’s future. The City needs to think of its ability
to generate revenue and a desire to live here. Divick noted with 40 to 50 units, one out of 20 households
in Long Lake would be living in this development. Dick stated Wayzata Boulevard is all the residents
have to define their town and that Wayzata Boulevard is the lifeline to a thriving community. Divick
stated development of that corridor should not be poorly managed. Divick stated in her view Long lake is
already adequately meeting the needs of low income residents.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 3 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 4 of 21
PLANNING DEPARTMENT REPORT
4. #13-3615 3384-3386 SHORELINE DRIVE (CUP FOR THE NARROWS) – MINOR SITE
PLAN AMENDMENT
Gaffron stated the applicants have submitted building permit applications for the addition of a vestibule at
the rear of the property. In December of 2013, the City Council granted a conditional use permit and
variances for a restaurant use in the west half of the building. The vestibule initially was proposed and
approved at a 9 foot depth by 7.6 foot width. The applicants are now proposing the vestibule to be 10.8
by 9.4 deep.
Gaffron displayed the original plan for the vestibule. Gaffron noted the plan had no direct access to the
patio area. Gaffron stated the current proposal shows a single door system with a door to the patio and a
door below that that goes into the restaurant. Gaffron stated in some respects this is a better layout and
that the initial reasoning for not having a door from the vestibule area to the patio area was for patron
control.
Staff does not have a problem with the slight addition to the size of the vestibule. Gaffron stated if the
Council were to stay with the background logic of not having a door to the patio, then he would
recommend denial of that doorway unless the applicant can demonstrate that this is a better situation.
Jim Anderst, applicant, stated at the time the plat was drawn up, he did not give much thought to the size
of the vestibule. Anderst stated in his view the door works better for patrons on the patio in order to
access the bathroom and that they have attempted to prohibit patrons from going into the parking lot from
the patio area by installing a gate.
Bremer stated she is fine with the change and that it is an improvement in appearance and layout.
Printup stated he also is fine with the change.
McMillan asked whether some of these changes could be made administratively by Staff in the future.
Gaffron stated the way the original resolution was worded is if Staff finds a change to be substantial it
should be brought back to the City Council. Gaffron stated if it was merely an expansion of a couple of
feet, Staff would not have had a problem with it, but that the discussion as part of the original approval
was controlling the way patrons exit and enter. Gaffron stated Staff probably has some options for future
applications, such as allowing a certain percentage increase without Council review.
Gaffron stated to what extent the Council would like to use its discretion would probably be best handled
at a future work session.
McMillan indicated she is fine with the change. McMillan asked if it requires a resolution.
Gaffron stated Staff would like the existing resolution to be revised and that Staff would like to bring that
back to the next City Council meeting.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 4 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 5 of 21
(4. #13-3615 3384-3386 SHORELINE DRIVE (CUP FOR THE NARROWS) – MINOR SITE
PLAN AMENDMENT, Continued)
Mattick stated one of the issues in the past is that the resolution approves the plans as presented and does
not provide much leeway to Staff. Mattick stated he would encourage the City Council to approve it
tonight and bring the revised resolution back to the next meeting.
Levang moved, Printup seconded, to direct Staff to draft appropriate revisions to Resolution No.
6353 for the Narrows Saloon, 3384-3386 Shoreline Drive, minor conditional use permit
amendment/confirmation of compliance with intent. VOTE: Ayes 4, Nays 0.
*5. #14-3683 IRWIN JACOBS, 1700 SHORELINE DRIVE AND RODNEY BURWELL, 1100
MILLSTON ROAD – LOT LINE REARRANGEMENT – RESOLUTION NO. 6450
Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6450, a Resolution Approving a
Subdivision of a Lot Line Rearrangement, for the properties located at 1700 Shoreline Drive and
1100 Millston Road. VOTE: Ayes 4, Nays 0.
*6. #14-3688 APPLIED ECOLOGICAL SERVICES, 520, 550 AND 630 TONKAWA ROAD –
CONDITIONAL USE PERMIT/WETLAND ALTERATION – RESOLUTION NO. 6451
Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6451, a Resolution Granting a
Conditional Use Permit Pursuant to Municipal Zoning Code Section 8-967 and 78-1610, for the
property located at 520, 550, and 630 Tonkawa Road. VOTE: Ayes 4, Nays 0.
7. #14-3689 SVEN GUSTAFSON, 2490 CARMAN STREET – VARIANCE – RESOLUTION
WAS APPROVED BUT TABLED FOR CHANGES
Curtis stated the property is located in the LR-1B zoning district and abuts an undeveloped 30-foot street
right-of-way or fire lane. The right-of-way is considered a side street for the purpose of measuring
setbacks and a 35-foot setback is required. The neighboring property on the west side of the right-of-way
is within the one-half acre zone and is subject to a 15-foot setback.
The applicant is requesting a setback variance to permit a 15-foot setback where a 35-foot setback is
required in conjunction with the construction of a new residence. The lot line rearrangement approval
granted to this property and the property to the east was conditioned upon the property owner providing
an easement to the property to the east. The driveway easement and lot line rearrangement resolution
have been recorded.
On September 15, the Planning Commission voted 7-0 to recommend approval of the requested setback
variance. During the public hearing there was a question raised regarding the location of trees located
along the common lot line. The applicant has provided a survey showing the trees are located on their
property and not within the right-of-way. The trees are also located outside of the 0-75 foot zone.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 5 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 6 of 21
(7. #14-3689 SVEN GUSTAFSON, 2490 CARMAN STREET – VARIANCE – RESOLUTION
WAS APPROVED BUT TABLED FOR CHANGES, Continued)
Staff recommends approval of the request and a resolution is before the City Council tonight granting the
setback variance.
Levang noted there is a willow tree near the lake and asked whether that is a tree located within the right-
of-way.
Curtis indicated she cannot answer that. Curtis displayed the survey on the overhead.
Levang noted there are no markers in that area; which makes it difficult to tell.
Eric Mercer, Builder, stated they are not planning on doing anything with the willow tree and that to his
knowledge it is at the end of the fire lane but that he is not sure whose property it is on.
McMillan stated she would like the City to think about protecting the City’s fire lanes in their resolutions.
McMillan noted in the past there have been issues with people who build next to a fire lane or encroach
into a fire lane and that this is an opportunity to spell out what the fire lane is used for and how it is
expected to be left open to the public. McMillan noted there was a dock located at this access at one time
and that the neighbors did speak at a Park Commission meeting about how they would like the dock
reinstalled. The City has since reinstalled the dock. McMillan stated in her view the access should be
protected for the neighborhood.
McMillan indicated she is okay with the variance but that she would like the fire lane addressed in the
resolution.
Levang noted the City Council has discussed different fire lanes on a number of occasions in the past and
how they are not distinguishable from the neighboring properties. Levang stated when there is a survey
completed, the City has an opportunity to update the markers and that the City should take advantage of
the situation and put in some type of marker or identifier since the neighborhood uses it.
Bremer noted this is a fire lane that was sodded in the past couple of years by the City. While that was a
big improvement in the appearance of the fire lane, it also creates some confusion about the fire lane and
whether it is a side yard.
Bremer asked if Council Member Levang was concerned about the health of the willow tree.
Levang stated she was wondering whether the willow tree would be impacted by the construction.
Levang asked if it is the intention of the applicant to retain the trees.
Tom Flint, Architect, stated their intent is to retain as many trees as possible but that it is likely they will
lose two of the trees.
McMillan stated if the trees are replanted, they should not be planted on the property line next to the fire
lane and that they should be planted several feet away from it.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 6 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 7 of 21
(7. #14-3689 SVEN GUSTAFSON, 2490 CARMAN STREET – VARIANCE – RESOLUTION
WAS APPROVED BUT TABLED FOR CHANGES, Continued)
McMillan asked if the City can determine the exact boundaries of the fire lane so it can be recorded
without installing physical markers.
Curtis indicated Staff would be able to identify the boundaries with GPS.
McMillan stated she would like Staff to do that.
Levang asked if there is a landscaping plan.
Curtis stated the Planning Commission did not require one since the trees were outside the 0-75 foot zone.
Levang asked what type of landscaping they are proposing for that area.
Tom Flint stated they have not decided on that at this point and that they are still in the early stages of the
design.
Levang asked if the house entrance is on that side.
Flint stated it is the entrance to a porch. Flint pointed out the location of the front door.
Mack stated in his opinion the City Council could require a landscape plan prior to the issuance of a
building permit to ensure that there are no planting of trees or landscaping within or in close proximity to
the fire lane. Mack stated the City Council could specify a certain distance from the property line.
Levang stated she would like to do that.
McMillan asked whether language regarding the public access should be added to the resolution.
Mattick stated the applicant is requesting a variance to come closer to the fire lane, which is something
that is used by the public, and that the applicant is being put on notice tonight that they should not
encroach into the fire lane or obstruct the public’s use of that fire lane. Mattick stated the City’s
Comprehensive Plan does talk about the importance of lake access points and some language could be
included in the resolution of the purpose, intent, and spirit of the Comprehensive Plan in addition to the
condition that no structures or items are placed within the fire lane.
McMillan stated she would also like to add language regarding maintenance of the fire lane and what is
allowed and not allowed.
Gaffron noted the City’s Code requires that the neighboring properties maintain them to some degree but
that it is not specified exactly what should be done.
McMillan noted that the fire lanes vary in topography, which makes it more difficult to specify in the City
Code what should be done.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 7 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 8 of 21
(7. #14-3689 SVEN GUSTAFSON, 2490 CARMAN STREET – VARIANCE – RESOLUTION
WAS APPROVED BUT TABLED FOR CHANGES, Continued)
Mattick stated the City Council would probably want to rely on its code to describe the type of
maintenance that should occur in a fire lane. Mattick stated the City could review it at some point to
ensure it is being properly maintained but that there is also the possibility the City may change what that
access looks like, at which point a condition that the fire lane be mowed would not make sense any
longer.
McMillan stated it is important to explain why the fire lanes are important.
Bremer suggested the language be included on Page 2 under Council findings. Bremer stated the
language has to be instructive to whoever is looking at the resolution.
McMillan asked when the Council did the lot line rearrangement, whether Staff was aware there would be
a request for a setback variance.
Curtis stated the applicants had indicated they would likely come in with a variance request but that there
was not an application at that time.
Levang asked Mr. Mercer if he understands their responsibilities.
Mercer indicated it is close to what they expected.
McMillan stated if the neighbor and the applicant feel the willow tree should be trimmed up, perhaps they
could work with Staff on that.
Levang moved, Printup seconded, to direct Staff to draft an approval resolution granting Variances
from Orono Municipal Code Section 78-330 for the property located at 2490 Carman Street, with
direction to Staff to work out appropriate language regarding the fire lane. VOTE: Ayes 4, Nays 0.
8. #14-3690 TONKA LAKE PROPERTIES, LLC, 1565 ORCHARD BEACH PLACE
(PID 07-117-23-43-0026), VARIANCES AND CONDITIONAL USE PERMIT
Gaffron stated this is a request for a number of variances and conditional use permit for construction of a
house on a vacant lot. The following variances are being requested:
1. Lot area variance to allow construction on a lot consisting of 9,641 square feet where 43,560
square feet is required.
2. Lot width variance to allow construction on a lot 83 feet defined width where 140 feet is required.
3. Rear setback variance to allow a rear setback of 12.9 feet where 30 feet is required.
4. Side street setback variance to allow an east side street setback of 25.4 feet where 35 feet is
required.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 8 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 9 of 21
(8. #14-3690 TONKA LAKE PROPERTIES, LLC, 1565 ORCHARD BEACH PLACE (PID
07-117-23-43-0026), VARIANCES AND CONDITIONAL USE PERMIT, Continued)
5. Average lakeshore setback variance to allow the proposed residence to be located 75 feet from
the lakeshore, an encroachment of approximately 50 feet lakeward of the average setback line
defined by the adjacent residence at 1555 Orchard Beach Place.
6. Conditional use permit and variance required for 0-75 foot grading/filling/excavating in excess of
ten cubic yards.
The Planning Commission reviewed the application at their September meeting and voted unanimously to
recommend denial of the variances and conditional use permit.
Gaffron noted this application is virtually identical to an application that was before the City Council
approximately one year ago, which was denied. The average lakeshore setback variance is one of the key
elements that cannot be met. City Code would allow an administrative variance in a situation like this if
the neighbors were in support of the application and they have indicated they are not.
Gaffron stated one of the questions that did come up at the Planning Commission meeting was a question
by the applicants’ attorney about reasonable uses of the property if it cannot be built on. Potential uses of
the property consist of a garden type use and other possible uses. Gaffron stated absent all of the other
setback issues except for the average setback, there is a buildable envelope approximately ten feet deep
and 40 feet long. Gaffron stated he is not sure whether that would be considered a principal residence
structure but that there would still be the average setback issue.
Staff has provided a number of findings for denial of the application and they include the following:
1. The property does not meet the criteria established by state statute and City Code to be deemed
buildable without variances being granted.
2. The City is not obligated to grant variances to allow this property to be buildable.
3. The fact that a summer home existed on the property many decades ago does not provide an
inherent right to build a home on the property.
4. The parcel has historically been assessed at a valuation significantly below that of a buildable
site.
5. In past actions the City has generally denied lot area variances for vacant lots of less than 10,000
square feet.
6. The original plat designation as “Commons” strongly suggests that this site was originally platted
as a neighborhood amenity rather than as an individual building site.
7. Development on this lot potentially could obstruct lake views of the adjacent owner.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 9 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 10 of 21
(8. #14-3690 TONKA LAKE PROPERTIES, LLC, 1565 ORCHARD BEACH PLACE (PID
07-117-23-43-0026), VARIANCES AND CONDITIONAL USE PERMIT, Continued)
8. Factors that demonstrate the inconsistency of this proposal with the character of the surrounding
neighborhood include:
a. The property at 0.22 acres is one-fifth the average size of developed residential lots
within the immediate neighborhood.
b. The proposed lakeshore setback at 75 feet is significantly less than the setback of
developed lakeshore lots within the immediate neighborhood, which range from 85 feet
to 165 feet and average 112 feet. Gaffron noted there are some aerial photographs
in the Council’s packet that help illustrate the setback.
c. The proposed street setback of 25.4 feet where a 35-foot setback is required, places
structure closer to the street than any other home on Orchard Beach Place.
d. Removal of nearly all vegetation in a swatch approximately 65 feet by 80 feet potentially
will alter the visual character of the neighborhood.
9. Grading of the site to accommodate the proposed house and redirect the natural runoff pattern
will result in significant impacts to existing protected trees in the 0-75 foot lakeshore protected
zone.
10. Development on this small lot will be in conflict with any number of the goals and policies
contained within the 2000-2030 Orono Community Management Plan.
Staff recommends denial of the application.
Todd Haugan, Attorney-at-Law, stated he represents the applicants and has been a resident of Orono for
28 years. Haugan indicated his first house in Orono was less than 10,000 square feet on a 50-foot lot and
that he raised two children in that house. Haugan stated he is wondering why a house cannot be built on
this property.
Haugan stated the law does not allow any city to take away any reasonable use of a property, which is
what is happening in this situation. Haugan stated he is trying to understand as an Orono resident why
someone cannot take a lot that was platted and had a house and garage on it at one point in time, but then
as years go by and numerous laws and ordinances are passed, that what was once a buildable lot, platted
as a buildable lot, is no longer buildable.
Haugan stated the fact that there is a sewer stub to this property indicates that it is a buildable lot and that
he will pursue other means necessary if the application is denied tonight. Haugan stated the other uses of
this property contained within Staff’s report are laughable.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 10 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 11 of 21
(8. #14-3690 TONKA LAKE PROPERTIES, LLC, 1565 ORCHARD BEACH PLACE (PID
07-117-23-43-0026), VARIANCES AND CONDITIONAL USE PERMIT, Continued)
Haugan stated the proposed house is pretty modest. Haugan stated he heard comments about how the
neighboring lots are huge, but they were once platted as small individual 50-foot lots. Haugan noted this
is an 83-foot wide lot, 100 feet deep, and abuts a road. The assessed value of the property is
approximately $75,000 currently, and once a house is constructed, the assessed value will go up to
$600,000 to $700,000. Haugan noted the road serves no one other than the two neighbors above, with the
rest of the road being exclusively for this property.
Haugan stated in his view Staff’s report is absolutely wrong in determining whether this is a buildable lot.
Haugan indicated the applicants would like a setback from a back and a side that offends no one, and that
if there are neighbors here that are complaining, the only two that would have any dog in this fight would
be the people who live 20 feet higher than this proposed house and that their view of the lake is obstructed
by the massive trees on the subject property. Haugan stated it is his belief the lake views are not an issue.
Haugan stated as it relates to the effect the variance would have on government services, there would be
none since the property is readily accessible by a road. Whether the variance will affect substantial
change in the character of the neighborhood is not true. Haugan stated the biggest disruption to the
neighborhood was the 9,000 square foot, $4 million house that was allowed to be constructed across the
street, which is an aberration in the neighborhood. Haugan stated the 1,050 to 1,200 square foot floor
plan being proposed is identical to the two residences above this lot.
Haugan stated as to whether the practical difficulty could be alleviated by a feasible method other than
variance is not possible since the property cannot be made bigger. Haugan stated the applicants also did
not create this practical difficulty and that it resulted from over 100 years of changes in various laws. The
property will become, if a variance is not granted, functionally obsolete.
Haugan stated the final criteria in light of all of the above factors; a variance would serve the interests of
justice. Haugan asked what is wrong with building a modest house, raising a family, and paying taxes on
it. Haugan stated in the grand scheme of things, this is all positive.
Haugan stated the applicants are requesting the variance be granted and that in his view the request is
modest.
Lisa Wysocki, 1555 Orchard Beach Place, stated this lot serves as a drain field for a six acre piece of land
and that it is continually swampy and very wet. Wysocki stated there is a corner on their property that is
also very low and that there can be a foot of standing water following a heavy rain. Wysocki stated she
has a concern that the drainage problems will be made worse if this piece of property is developed.
Wysocki stated she has also been told that Orchard Beach Place is a fire lane and that there is a lift station
at the end of the road. Orono trucks are down there every single day. Wysocki stated shortening the
driveway would eliminate parking for those trucks and/or guest parking. In addition, the neighborhood
likes to use the public access.
Wysocki stated in her view the proposed house would block her view since it is far in front of the average
lakeshore setback and that they are opposed to all of the variances.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 11 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 12 of 21
(8. #14-3690 TONKA LAKE PROPERTIES, LLC, 1565 ORCHARD BEACH PLACE (PID
07-117-23-43-0026), VARIANCES AND CONDITIONAL USE PERMIT, Continued)
Wes Delton, 1535 Orchard Beach Place, stated he is opposed to the project. Delton stated for 50-plus
years it has been an unbuildable lot and that compared to the other lots around it, it will not fit in. Delton
indicated his wife is also opposed to the project.
Lisa Wysocki noted the lot was declared unbuildable several times in the past. Wysocki stated it is her
understanding the purchaser of the property in 1980 was told it was unbuildable by the City Council and
two neighbors. Wysocki stated in her view this was a bad investment.
Levang stated this is a difficult situation since it has been denied a number of times in the past and that in
reading through the file, there are a number of issues associated with developing the lot.
McMillan stated drainage is a big issue.
Levang stated a person can visually see how the lot dips down dramatically.
McMillan asked if they are proposing a basement.
Gaffron indicated they are not but that it would be a two-story residence. Gaffron indicated the back end
of the house would be tucked into the hill slightly.
Printup asked what has been looked at by Staff relating to the water issues.
Gaffron stated there are several photos in the packet that show how the drainage goes from the northeast
part of the property down towards the center of the property. The applicants are proposing to do some
drainage in that area so the runoff essentially will follow the road ditch but that most of the runoff will go
to the lake across the 0-75 foot zone. Gaffron stated the proposed grading plan gets them as close as 40
feet to the lake to do the grading but that they could certainly do grading that makes the water go around
the house.
McMillan asked what is in the middle or lower right of the lot.
Gaffron stated they are proposing to show that the drainage goes into that area. The applicants are also
proposing a 15-inch culvert underneath the driveway so essentially the water will drain from the north
side of the house to a culvert under the driveway and then down to the lake. On the west side of the lot
there would be grading between the house and the lot line to make sure the drainage gets past the house.
McMillan asked if a number of trees would need to be removed in order to accomplish the drainage.
Gaffron stated it is Staff’s impression that a number of trees would be impacted by the grading.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 12 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 13 of 21
(8. #14-3690 TONKA LAKE PROPERTIES, LLC, 1565 ORCHARD BEACH PLACE (PID
07-117-23-43-0026), VARIANCES AND CONDITIONAL USE PERMIT, Continued)
Bremer stated her biggest concern is the average lakeshore setback as well as the grading concerns.
Bremer stated there have been occasions in the past when the City has deviated from that average
lakeshore setback but that she is unaware of a situation where the City totally ignores that requirement.
The average lakeshore setback is meant to protect the lake and views and allow vegetation as opposed to a
house. Bremer stated some of those issues could be mitigated but that she does not see currently that
there is enough information to allow a structure like this within the average lakeshore setback even given
the fact that the proposed structure is small.
Haugan stated the sight line variance makes the entire lot unbuildable.
Bremer stated she understands that. Bremer stated as it relates to the rest of the variances, she would like
to hear what the rest of the Council is interested in doing. Bremer stated she would like to have an
opportunity to consider the application since this is a different plan presented in a different way.
McMillan stated she has an issue with the setbacks and the number of variances being requested.
McMillan stated in her view the proposed house, even though small, might be too big for the lot given the
number of variances. McMillan noted she is not saying the lot is not buildable but that what is being
proposed is too much and would have too great of an impact.
Levang stated she is in agreement that there are too many variances being requested and that she is not in
favor of destroying the trees. Levang stated the average lakeshore setback is also a huge issue and that
she has questions about whether the drainage will work on this lot.
Gaffron stated Staff does not have an engineering report at the present time but that the proposed plan
would essentially create a ditch on the north and west side of the house. Gaffron stated in his view the
grading is risky.
Levang stated there are a number of issues that still need to be addressed and that every angle of the house
has to be mitigated. Levang indicated she is not in favor with going forward with the application.
Printup stated the house may be too big for this lot but that there are other small lots in Orono. Printup
indicated there are also issues with the sewer and other potential uses for the property and that he would
like to think about it further.
McMillan stated over time the lots in this area have gotten bigger and that this lot is no longer in line with
the rest of the neighborhood.
Mattick stated the Council should consider whether it is within the character of the neighborhood.
Mattick noted the Council is not necessarily looking at the house tonight but rather the requirements of
the lot to build on. Mattick stated this lot might be the smallest lot in Orono and that the Council can take
a step back to contemplate what may work on the lot.
Levang moved, Printup seconded, to table Application No. 14-3690, Tonka Lake Properties, LLC,
1565 Orchard Beach Place.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 13 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 14 of 21
(8. #14-3690 TONKA LAKE PROPERTIES, LLC, 1565 ORCHARD BEACH PLACE (PID
07-117-23-43-0026), VARIANCES AND CONDITIONAL USE PERMIT, Continued)
McMillan asked whether the Council should discuss tabling of the application.
Mattick stated the City Council can table the application and take additional time to consider the issues.
Levang stated the size of the house could perhaps be looked at.
Gaffron stated the buildable envelope is approximately 400 square feet, which is a footprint of 10 x 40.
From a location standpoint, Gaffron indicated the house would be ten feet from the west lot line. With
two stories at 400 feet, the house would be approximately 800 square feet and that he is not sure how a
garage would fit into that.
Levang asked if there would be a second location for the garage.
Gaffron indicated there would not and that the applicants are requesting the building pad be made larger
with the variances. Gaffron noted there would also be lot width and lot area variances required.
McMillan stated the conditional use permit may not be necessary if a smaller building is constructed but
that it is something an engineer would need to look at.
VOTE ON MOTION TO TABLE: Ayes 4, Nays 0.
PLANNING DEPARTMENT REPORT – ANDREW MACK
Mack noted there is a work session on November 5 in City Council Chambers. Mack stated he would
suggest that if the Council has other items in addition to what is already on the agenda, to let him know.
Mack stated the work session would be an open meeting and that the public is welcome to attend and
provide other input on the need for additional review of code issues.
Mack stated in the update that went out last Friday there was reference to a public news release talking
about the Hennepin County draft bike and trails plan that is open currently for public comment. That
comment period is open through December 5. Mack stated that the plan for the Navarre area does include
proposed expansions of on street trails along County Roads 19 and 15 as well as Sunset Road in Spring
Park. Mack stated if there are other items the Council is interested in seeing included in the plan, the
Council can comment on those and have Staff take a closer look at them.
Mack reported he attended the state planning conference in Duluth. This year’s theme was Charting a
Course to Resiliency. Mack stated a couple of seminars he attended had to do with the Metropolitan
Council and their guiding principles on Comprehensive Plan updates. Mack stated he moderated a land
use law session and also attended a training session about potential grant funding through Blue
Cross/Blue Shield for an event to highlight a the need for some improvements of trail connections, etc.
Mack indicated Staff will likely be discussing that at a future work session.
McMillan asked what is going on with AmStar.
Curtis indicated they are changing the tanks and the signage.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 14 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 15 of 21
PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT
9. WATERTOWN ROAD AND MSA FUNDING PRELIMINARY DISCUSSION
Edwards stated the purpose of this item is to update the City Council on the initial feasibility study for
Watertown Road as it relates to some updated costs, a possible course of action to phrase the project over
two years, and provide some funding options.
Edwards noted back in May of 2014, Bolton & Menk presented a feasibility study for the rehabilitation of
Watertown Road and Stubbs Bay Road. The Council at that time had indicated a desire to complete all or
a portion of the project in 2015. Since preparation of the study, costs have gone upward due to the
increased demand for road work and material costs. The costs have been revised upward to $2.59 million.
Due to the costs, it may be preferable to phase the project in over a couple of years. The project has been
divided into three sections, with Section 1 including Watertown Road from Turnham Road to Kintyre
Lane at a cost of $1,091,344. Section 2 would include Stubbs Bay Road from Watertown Road to
Bayside Road at a revised cost of $371,224, and Section 3 would include Watertown Road from Kintyre
Lane to 500 feet east of Willow Drive at a cost of $1,136,319.
Edwards noted Watertown Road is a state aid road and that the project could be funded through a
combination of municipal state aid funds and the City’s Pavement Management Fund. At the current time
the City has $1.2 million available for the project and that other funds would need to be moved from other
accounts into a street maintenance and reconstruction account to pay for Section 2 and to fund the
remaining half of Watertown Road. Edwards noted the fund would be drawn down to zero with this
project and that it will take a number of years to rebuild that fund.
In order to move forward with the project starting in 2015, Staff would require authorization by the
Council to conduct survey and engineering work this fall/winter, complete plans and specifications for
advertisement and bidding in the winter/spring. Edwards noted a Council decision would need to be
made at the October 27 meeting to allow enough time for the surveying work to be completed prior to
winter.
Levang noted the cost estimate was revised upward due to the market and asked whether that is
anticipated to increase again if the work does not start until next year.
David Martini stated the amount of work being done by the contractors was down at the time the
feasibility study was prepared, which made for more competitive bids, and that currently there is more
demand, which has increased prices. Martini stated prices for blacktop have gone up significantly and
that in his view it would be better to get the plans out in January or February to obtain the best price.
Levang asked if the length of the road would make it a more favorable job as a contractor.
Martini indicated it would and that it would be advantageous to do it as one project or phase it into two
projects to get some benefit on unit pricing.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 15 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 16 of 21
(9. WATERTOWN ROAD AND MSA FUNDING PRELIMINARY DISCUSSION, Continued)
McMillan noted the price of oil is coming down, which should be advantageous to the City. McMillan
stated she is not sure whether the City can afford to do the entire project. McMillan noted Stubbs Bay is
not an MSA road and that the funds would need to come out of another fund if the City decides to
proceed forward with that project.
Olson stated the only funds that would have a balance in them are the PIR fund, which has not historically
been used for road projects, and the Community Investment Fund, but that those funds will be reduced by
the Navarre lighting project.
McMillan asked if the City’s general fund is at 50 percent.
Olson stated it is typically around 50 percent.
McMillan noted the City currently has $1.2 million in MSA funds and that it will take three to four years
to get it back up to that amount.
Olson stated the majority of the MSA money is going to pay the debt service on the bonds and that it will
grow slowly by approximately 20 to 25 thousand per year. Olson stated $867,000 is still in the state fund.
Levang asked if the Mayor is thinking the City should not do Section 2.
McMillan stated she is questioning how it will be paid for.
Printup indicated he is okay with Section 2 if the costs can be reduced somehow and that the residents
have been looking to have the roads redone for the past couple of years.
McMillan asked if he is suggesting the City go ahead with Stubbs Bay Road now.
Printup stated in his view the project can be done in phases.
Edwards stated Staff’s recommendation was to do Section 1 in 2015 and then Section 2 the following
year.
McMillan stated the question that will need to be addressed is how to pay for the project.
Levang asked how far the Pavement Management Fund can be drained down to.
Olson stated the Pavement Management Fund is basically at zero currently and would require a transfer
from another fund.
McMillan asked what the City’s policy is for using city funds on an MSA road. McMillan stated the City
could bond for the improvements but that, in her view, is a bigger issue.
McMillan asked if 2016 is a realistic date for Long Lake to do their portion of the road.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 16 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 17 of 21
(9. WATERTOWN ROAD AND MSA FUNDING PRELIMINARY DISCUSSION, Continued)
Olson stated to his knowledge the City has always used MSA funds when they were available. In 2009,
when the City was discussing Old Crystal Bay Road and selling bonds, it was noted that if the City was
going to keep upgrading the roads, there would not be enough money from MSA and another funding
source would need to be found.
Loftus stated the last time she spoke with Long Lake, approximately six months ago, they were
considering pushing it back and that at this time it is tentatively set for 2016. Loftus noted the project has
been pushed back one year already by Long Lake. Loftus stated Orono’s portion of Watertown Road
does not need to be reconstructed and can be reclaimed but that a joint feasibility study would need to be
done.
Edwards stated the City’s bridges are in good condition at the present time but that Watertown Road is
definitely not the only project the City could do. Edwards noted that Watertown Road is the worst MSA
road the City has.
Martini stated Watertown Road followed by Fox Street were two of the priority roads.
McMillan stated what is frustrating is that all of Watertown Road cannot be done with MSA funds.
McMillan asked how late in the season survey work can be done.
Edwards indicated that would need to be done before the first snowfall and that the suggested timeline
was to have a final decision made at the next Council meeting.
Levang asked if the Mayor is thinking about putting off one section of the road.
McMillan stated if only MSA funds are used, that would be necessary.
Levang noted Section 1 has less traffic than Section 3 and that Section 1 is more of a reclamation project.
Levang stated she would like to know which section is more important.
Martini indicated it is similar work on both sections and that some spot repairs to the subgrade would
need to be done. Martini stated if the road is reconstructed, different standards would apply.
Printup stated they will also need to be careful about changing the timing on this project and that the
Council has been discussing Watertown Road for the past four years.
Levang stated the goal is to figure out how to pay for it and whether Section 1 is the right section to begin
with.
Bremer stated she shares Council Member Printup’s concerns about delaying it and that two weeks will
give the City Council more time to look at funding options.
Martini stated the state will ask the City to start spending the MSA fund down once it reaches a certain
threshold.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 17 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 18 of 21
(9. WATERTOWN ROAD AND MSA FUNDING PRELIMINARY DISCUSSION, Continued)
Martini stated if the City is considering any portion of this for 2015, Staff would be looking for
authorization to begin surveying work.
The City Council took no formal action on this item.
PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT
Edwards noted back in the spring the Council approved a bond to allow for improvements to the water
system. Since the bond was approved, the rehabilitation on the northern water tower has been completed
and is under a five-year maintenance contract.
Bolton & Menk is in the final stages of putting together the plans and specs for the well house on the
northern system and the Navarre treatment plant. Bidding is expected to happen this fall with
construction occurring during the winter.
Edwards stated the final part of the water system improvements is drilling of a second well for the
northern system. Bolton & Menk is still looking at site options for where that well can be located and that
Staff is hoping to drill that well in the spring of 2015.
Edwards reported the poles for the Navarre street light project are due to be delivered tomorrow and will
be installed over the next few days. In addition, some sidewalk re-pavement work will be completed as
part of that project.
*10. MINNIE AVENUE DRAINAGE
The City Council took no formal action on this item.
*11. LURTON PARK IMPROVEMENTS
Bremer moved, Printup seconded, to accept the $8,625.00 cost to make the Lurton Park
improvements from the Lurton Park Maintenance Fund. VOTE: Ayes 4, Nays 0.
*12. ACCEPT QUOTATION FOR STUBBS BAY ROAD NORTH CULVERT REPAIR
Bremer moved, Printup seconded, to accept the quotation from Olson Construction in the amount
of $8,156.00, and authorize repair of the culvert at Stubbs Bay Road North. Ayes 4, Nays 0.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 18 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 19 of 21
*13. GREEN TREES ROAD SANITARY SEWER EXTENSION – ASSESSMENT
ASSIGNMENTS
Bremer moved, Printup seconded, to approve the assessment agreement for each of the six
properties on Green Trees Road listed in Staff’s report dated October 13, 2014. VOTE: Ayes 4,
Nays 0.
*14. REST POINT ROAD STREET IMPROVEMENTS – PAY REQUEST NO. 1
Bremer moved, Printup seconded, to approve Pay Request No. 1 for the contractor Northwest
Asphalt in the amount of $85,155.82 for the Rest Point Road Street Improvements Project. VOTE:
Ayes 4, Nays 0.
*15. CARMAN BAY SHORELINE RESTORATION PROJECT – PAY REQUEST NO. 5
Bremer moved, Printup seconded, to approve Pay Request No. 5 for the contractor Sunram
Construction, Inc., in the amount of $1,760.54 for the Carman Bay Shoreline Restoration Project.
VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
Levang reported the donation garden is now closed and that approximately one ton of produce was grown
and delivered to WeCan and the Gillepsie Center.
Levang noted the Mayor and herself did attend the work session on affordable housing in Long Lake but
that they were not formally invited to attend.
Bremer welcomed Adam Edwards to Orono. Bremer noted she has received a few emails on the Navarre
lighting project and that she is happy to be able to tell them that the project should be completed in the
next few days.
McMillan stated two weeks ago she attended the Westonka Community Forum with the local mayors and
that she received a number of compliments on the police services being provided by Orono. McMillan
stated Andrew Mack was also in attendance and that there was a good showing of interested citizens from
Navarre.
CITY ADMINSTRATOR’S REPORT
Loftus noted the third quarter report shows the City is on budget and that Staff had a good meeting with
FEMA on October 3. Loftus indicated Staff is cautiously optimistic the City will recover a good portion
of the expenses incurred by Orono as a result of the flooding this spring/summer.
Loftus stated the hiring committee is down to the top six candidates for the city clerk position. Loftus
stated she is hoping at the next meeting on October 27 there will be a recommendation, with a start date
sometime in November.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 19 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 20 of 21
(CITY ADMINISTRATOR’S REPORT, Continued)
The HVAC installation has been completed on the police project as well as the first layer of asphalt on the
south lot. The north lot should be paved this week. Delivery of the metal building is expected on
October 15, with the front lobby remodel starting shortly after the elections. Loftus stated a main goal
during construction is to ensure that the City is still serving the residents.
Loftus noted the City’s 125th anniversary event will be taking place this Saturday from noon to 3:00 at the
Pioneer Museum.
*16. THIRD QUARTER FINANCIAL REPORT
The City Council took no formal action in this item.
*17. COMMUNICATION SITE LEASE AGREEMENT WITH SPRING SPECTRUM
Bremer moved, Printup seconded, to approve the Communication Site Lease Agreement with
Sprint Spectrum. VOTE: Ayes 4, Nays 0.
*18. HIGHWAY 12 SAFETY COALITION – RESOLUTION NO. 6452
Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6452, a Resolution Supporting
Creation of a Highway 12 Safety Coalition. VOTE: Ayes 4, Nays 0.
*19. JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT
PERSONNEL AND EQUIPMENT – RESOLUTION NO. 6453
Bremer moved, Printup seconded, to adopt RESOLUTION No. 6453, a Resolution for the Joint and
Cooperative Agreement for Use of Law Enforcement Personnel and Equipment (Mutual Aid Pact).
VOTE: Ayes 4, Nays 0.
*20. ORONO POLICE GARAGE – PAY REQUEST NO. 2
Bremer moved, Printup seconded, to approve payment of Pay Request No. 2 for the Orono Police
Garage Project as listed in Staff’s memorandum dated October 8, 2014, in the amount of
$569,594.78. VOTE: Ayes 4, Nays 0.
*21. CLAIMS/BILLS
Bremer moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 20 of 21]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2014
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 21 of 21
CITY ATTORNEY’S REPORT
Mattick stated he had nothing to report.
ADJOURNMENT
Printup moved, Levang seconded, to adjourn the Orono City Council meeting at 9:03 p.m. VOTE:
Ayes 4, Nays 0.
ATTEST:
_______________________________________ ______________________________________
Rachel Dodge, City Clerk Lili Tod McMillan, Mayor
Item #02 - CC Agenda - 10/27/2014
Approval of Council Minutes 10/27/14
[Page 21 of 21]
Item #03 - CC Agenda - 10/27/2014
Public Hearing - Certification of Delinquent Utilities
[Page 1 of 7]
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Public Hearing - Certification of Delinquent Utilities
[Page 2 of 7]
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[Page 3 of 7]
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[Page 4 of 7]
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[Page 5 of 7]
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[Page 6 of 7]
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Public Hearing - Certification of Delinquent Utilities
[Page 7 of 7]
Item #04 - CC Agenda - 10/27/2014
Public Hearing - Certification of Unpaid Service Charges
[Page 1 of 3]
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Public Hearing - Certification of Unpaid Service Charges
[Page 2 of 3]
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Public Hearing - Certification of Unpaid Service Charges
[Page 3 of 3]
Item #05 - CC Agenda - 10/27/2014
Public Hearing - Certification of Hazardous Building Costs
[Page 1 of 8]
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[Page 2 of 8]
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[Page 3 of 8]
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[Page 8 of 8]
Item #06 - CC Agenda - 10/27/2014
Hennepin County Update from Commission Jan Callison
[Page 1 of 1]
Item #07 - CC Agenda - 10/27/2014
Presentation - Recap of 125th Anniversary Celebration
[Page 1 of 1]
Item #08 - CC Agenda - 10/27/2014
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Pavement Management Plan
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Watertown Road and Stubbs Bay Road Rehabilitation
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Watertown Road and Stubbs Bay Road Rehabilitation
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Watertown Road and Stubbs Bay Road Rehabilitation
[Page 19 of 22]
Item #12 - CC Agenda - 10/27/2014
Watertown Road and Stubbs Bay Road Rehabilitation
[Page 20 of 22]
Item #12 - CC Agenda - 10/27/2014
Watertown Road and Stubbs Bay Road Rehabilitation
[Page 21 of 22]
Item #12 - CC Agenda - 10/27/2014
Watertown Road and Stubbs Bay Road Rehabilitation
[Page 22 of 22]
Item #13 - CC Agenda - 10/27/2014
Navarre Street Light and Sidewalk Project - Pay Request No. 3 and Charge Order No. 1
[Page 1 of 5]
Item #13 - CC Agenda - 10/27/2014
Navarre Street Light and Sidewalk Project - Pay Request No. 3 and Charge Order No. 1
[Page 2 of 5]
Item #13 - CC Agenda - 10/27/2014
Navarre Street Light and Sidewalk Project - Pay Request No. 3 and Charge Order No. 1
[Page 3 of 5]
Item #13 - CC Agenda - 10/27/2014
Navarre Street Light and Sidewalk Project - Pay Request No. 3 and Charge Order No. 1
[Page 4 of 5]
Item #13 - CC Agenda - 10/27/2014
Navarre Street Light and Sidewalk Project - Pay Request No. 3 and Charge Order No. 1
[Page 5 of 5]
Item #14 - CC Agenda - 10/27/2014
City Clerk Appointment [Page 1 of 3]
Item #14 - CC Agenda - 10/27/2014
City Clerk Appointment [Page 2 of 3]
Item #14 - CC Agenda - 10/27/2014
City Clerk Appointment [Page 3 of 3]
Item #15 - CC Agenda - 10/27/2014
Disposal of Forfeited Vehicles
[Page 1 of 1]
Item #16 - CC Agenda - 10/27/2014
Licenses & Permits [Page 1 of 5]
Item #16 - CC Agenda - 10/27/2014
Licenses & Permits [Page 2 of 5]
Item #16 - CC Agenda - 10/27/2014
Licenses & Permits [Page 3 of 5]
Item #16 - CC Agenda - 10/27/2014
Licenses & Permits [Page 4 of 5]
Item #16 - CC Agenda - 10/27/2014
Licenses & Permits [Page 5 of 5]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 1 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 2 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 3 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 4 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 5 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 6 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 7 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 8 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 9 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 10 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 11 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 12 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 13 of 14]
Item #17 - CC Agenda - 10/27/2014
Claims/Bills [Page 14 of 14]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 1 of 12]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 2 of 12]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 3 of 12]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 4 of 12]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 5 of 12]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 6 of 12]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 7 of 12]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 8 of 12]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 9 of 12]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 10 of 12]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 11 of 12]
Item #18 - CC Agenda - 10/27/2014
Stipulation of Dismissal and Termination of Lot Combination Agreement
[Page 12 of 12]
REQUEST FOR COUNCIL ACTION
DATE: October 27, 2014
ITEM NO: 19
Department Approval: Administrator Reviewed: Agenda Section:
Name Jessica Loftus Closed Meeting
Title City Administrator
Item Description: Closed Meeting for Attorney-Client Privilege
Pursuant to Minn.Stat. 13D.05 Subd. 3 the City of Orono is closing the meeting to the
public to discuss litigation. George Hoff from Hoff, Barry & Kozar is attending the
meeting to discuss Nygard v. Orono. The meeting does not need to be tape recorded.
Item #19 - CC Agenda - 10/27/2014
Closed Meeting to discuss litigation with the City Attorney regarding Nygard v. Orono
[Page 1 of 2]
178852 1
ORDINANCE NO. 125, Third Series
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN INTERIM ORDINANCE TEMPORARILY NOT PERMITTING
SMALL WIND ENERGY CONVERSION SYSTEMS
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. DEFINITIONS: The following terms when used in this ordinance shall
mean:
Wind Energy Conversion System or WECS means any device such as a wind
charger, windmill, or wind turbine and associated facilities that converts wind
energy to electrical energy.
Small Wind Energy Conversion System or SWECS means any combination of
WECS with a combined nameplate capacity of less than 5,000 kilowatts.
Official Controls means ordinances and regulations which control the physical
development of the City or any part thereof or any detail thereof and implement the
general objectives of the comprehensive plan. Official controls include ordinances
establishing zoning, subdivision controls, site plan regulations, sanitary codes,
building codes and official maps.
SECTION 2. BACKGROUND: The City adopted City Code Section 78-1379(f) which
banned SWECS within the City of Orono. On October 23, 2014, the Honorable Philip D. Bush
issued an Order (27-CV-14-7419) enjoining the City from enforcing the provisions of City Code
Section. 78-1379(f) beginning November 24, 2014. There are substantial concerns that without
the ability to enforce City Code Section 78-1379(1), the current zoning ordinance provisions do
not adequately address issues relating to SWECS, such as the appropriate locations and conditions
under which they may be allowed within the City. As a result of the important land use and
zoning issues cited above, the City will conduct studies for the purpose of consideration of
possible amendments to the City's Official Controls to address the issues concerning SWECS.
SECTION 3. INTENT: It is the intent of this ordinance to allow the City of Orono time to
complete an evaluation of SWECS and to consider changes in the City's Official Controls
necessary to protect the health, safety and welfare and in the interim to preserve the status quo.
SECTION 4. TEMPORARY PROHIBITION: Pending the completion of the above
referenced study and the adoption of appropriate Official Controls, SWECS are prohibited and the
City will not process any applications for the same it receives and City staff is directed to return
the same to the applicant.
Item #20 - CC Agenda - 10/27/2014
Consideration of Interim Ordinance Temporarily Prohibiting Small Wind Energy Conversion Systems
[Page 1 of 2]
178852 2
SECTION 5. HEARING: The Planning Commission is hereby directed to hold a hearing
for the purpose of amending the City's Official Controls regulating SWECS.
SECTION 6. EXEMPTIONS: The statutory exemption to this ordinance set forth in
Minnesota Statutes § 462.355, Subd. 4 is incorporated herein by reference.
SECTION 7. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and shall remain in effect until the date of the adoption of the official controls contemplated
hereunder and the repeal of this ordinance or October 27, 2015, whichever occurs first.
ADOPTED this 27th day of October, 2014, by the City Council of Orono,
Minnesota.
CITY OF ORONO
BY: Lili Tod McMillan, Mayor
ATTEST: Jessica Loftus, City Administrator
Item #20 - CC Agenda - 10/27/2014
Consideration of Interim Ordinance Temporarily Prohibiting Small Wind Energy Conversion Systems
[Page 2 of 2]