HomeMy WebLinkAbout03-13-2017 Council Minutes MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Dennis Walsh, Council Members Richard Crosby, II,Wendy Dankey,Aaron Printup, and Victoria Seals.
Representing Staff were City Administrator poug Reeder,Community Development Director Jeremy
Barnhart,Finance Director Ron Olsoxi,Public Works Director/City Engineer Adam Edwards, Senior
Planner Michael Gaffron, City Planner Melanie Curtis,City Attorney Soren Mattick,Consulting City
Engineer David Martini, and Recorder Jackie Young.
Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
1. CONSENT AGENDA
Item Nos. 5,9, 19, 20, and 21 were added to the Consent Agenda.
Printup moved,Seals seconded,to approve the Consent Agenda as amended.
VOTE: Ayes 5,Nays 0.
APPROVAL OF MINUTES
*2. CITY COUNCIL MEETING OF FEBRUARY 27,2017
Printup moved,Seals seconded,to approve the minutes of the Orono City Council meeting of
February 27,2017,as submitted. VOTE: Ayes 5,Nays 0.
*3. CITY COUNCIL WORK SESSION OF FEBRUARY 27,2017
Printup moved, Seals seconded,to approve the minutes of the Orono City Council meeting of
February 27,2017,as submitted. VOTE: Ayes 5,Nays 0.
PUBLIC COMMENTS
None
PUBLIC WORKS/CITY ENGINEER REPORT
4. FOX STREET REHABILITATION—APPROVAL TO SOLICIT BIDS
Consulting City Engineer Martini noted the City has been discussing improvement of Fox Street for a
number of years. In August of last year, a feasibility study was prepared for Fox Street consisting of an
analysis of the existing conditions,topographic surveying of the project area,and development of possible
courses of action to repair,replace,and improve the street. In September of 2016,the City Council
decided to move forward with the design for the section of pavement between Old Crystal Bay Road and
Brown Road.
Page 1 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,201'7
7:00 o'clock p.m.
4. FOX STREET REHABILITATION—APPROVAL TO SOLICIT BIDS-Continued-
Martini detailed the condition of Fox Street between Old Crystal Bay Road and Willow Drive,noting that
the pavement width varies between 21 feet and 23 feet in different areas,with the overall condition of the
pavement being in preriy poor condition. This section of the road sits on clay subgrades and also some
swamp composites. As you get closer to Brown Road near the bridge,there are some poor soils that the
road is constructed on. Pavement depth varies between five inches and six inches. The aggregate base
ranges from a couple of inches to up to four feet. Martini stated the road has existed for a long time and
has been maintained at various levels throughout the years.
Martini explained the proposed improvements will be similar to the reconstruction project completed on
Watertown Road and will consist of a complete reconstruction of the pavement and subgrade,putting in
new culverts, and installing geotechnical fabric. In addition,the bollards will be replaced with guazdrails
and associated stormwater system repairs will be made. On the MSA section of the road,the pavement
will be widened to 22 feet wide,with a 1-foot gravel shoulder to help protect the road and to provide
drivers with some recovery area if they drift off the paved section.
T'he anticipated total cost for both sections of the project is $1.1 million dollars. Section A, which is the
City-funded portion of the road,has an estimated cost of$617, 604. The state aid portion of the road has
an estimated cost of$489,982. Martini noted the current estimates are below what was originally
estimated in the feasibility study. The stormwater improvements are estimated at$43,057. Martini stated
the main difference between the numbers contained in the CIP and today's anticipated numbers are the
soil corrections. Originally it was thought there would be some settlement of the subgrade that would
need to be addressed but it is now felt that the soil has settled sufficiently given the age of the road.
Martini outlined the anticipated schedule for the project. If the Council authorizes the solicitation of bids
tonight,the bid opening will be April 18,with the project being awarded at the Apri124 Council meeting.
Construction would begin the summer of 2017,with a September 1 completion date. Martini stated the
Council could elect to begin construction earlier in the spring,with an August 4 completion date,but that
his recommendation would be to start the project after school is out to avoid the need to coordinate the
work around the school bus schedule.
Seals asked if there is a cost difference between the August 4 completion date and the September 1
completion date.
Martini stated basically they would be giving the contractor the same amount of time to get the work done
and that there likely would not be a cost difference. Martini indicated starting the work while school is
still in session would create some logistical issues with the buses coming and going. Martini stated his
preference would be to not have to coordinate that but that it is up to the City Council.
Printup asked if the gravel shoulder is required by MSA.
Martini indicated the City has to have a 24-foot portion,which is the reason for the 1-foot gravel shoulder
on either side. Martini stated generally vegetation will grow into the gravel but that it is nice if a tire goes
offthe paved roadway. Martini stated he would prefer to be able to have a gravel shoulder on the City
portion as well but that the width is very tight in there given the existing conditions.
Page 2 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
4. FOX STREET REHABILITATION—APPROVAL TO SOLICIT BIDS—Continued-
Edwards stated the road would be similar to what was done on Watertown Road.
Crosby asked if the gravel shoulder is also needed for runoff.
Martini indicated the shoulder is not necessarily needed for the runoff but that it does help to protect the
edge of the pavement. Martini stated the biggest issue with the drainage is to get the water away from the
roadway,and where there is not much room on the side of the road, some curbing is being proposed.
Walsh asked if both dates could be put out there for bid to see whether there will be a cost difference.
Martini stated they can do that.
Walsh stated it would also be nice to include the intersection of Willow and Fox as it extends north and
south on Willow.
Edwards stated they did build in some capacity to field engineer that intersection. Edwards stated they
are also looking at patching the top layer of pavement at Old Crystal Bay just north of Fox.
Seals commented there really is no debate that the road needs to be done.
No public comments were received.
Reeder asked if they would need to have an alternate bid for the different completion date.
Martini stated there would be a Bid A and a Bid B with two different completion dates.
Walsh stated it is a long section of road and that the City will try to get the work completed as quickly as
possible.
Crosby commented weather will likely have a lot to do with when the project can be started.
Seals moved,Printup seconded,to authorize the solicitation of bids for the Fox Street project and to
establish a substantially complete date for the project of either August 4(Bid A)or September 1
(Bid B). VOTE: Ayes 5,Nays 0.
*5. APPOINTMENT OF 2017 SEASONAL EMPLOYEES
Printup moved,Seals seconded,to approve the hiring of the seasonal employees as outlined in
Staft's memorandum dated March 13,2017. VOTE: Ayes 5,Nays 0.
6. SAGA HILLS PARK PROJECT
Edwards stated this item relates to a proposal from the Orono Park Commission to conduct an
improvement project at Saga Hills. The Park Commission has identified Saga Hills as a focus park for
2016 and 2017.
Page 3 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
6. SAGA HILLS PARK PROJECT—Continued-
The scope of work includes clearing trees from and planting the hilltop area with native grasses, installing
trail and information signs, installing two benches, and installing trail gates. Also being proposed is
yearly maintenance of the cleared area going into the future.
Edwards displayed a map depicting the different sections of Saga Hill. Edwards noted the proposed azea
of clearing is depicted in green and consists of approximately 4.5 acres. The yellow line depicts the
existing trail system that would also be improved.
Edwards stated the City acquired Saga Hill through a number of grants and volunteer efforts to raise
funds. This park has a number of unique attributes to it,with a number of nice tree stands and a portion
of Big Woods. The point of the project is to clear out the less desirable trees from around the nicer tree
stands.
At its March 3, 2017, meeting,the Park Commission voted 7-0 to recommend the City proceed forward
with the improvement project for the park.
Edwards noted they have not gone out for bids yet, but the estimated cost for the project is $36,780. The
majority of the cost is for the clearing and the replanting of native grasses. This project would be funded
through the Park Fund. The balance of the Park Fund is projected to be $808,863 at the end of 2017 if
this project is approved.
Staff recommends approval of the project.
Walsh stated from a historical perspective,the Park Commission was reconstituted approximately two
and a half years ago,with the goal being to bring the City's parks back to functional usage. Saga Hills
contains one of the highest points of ground in western Hennepin County. Walsh noted the part that is
being discussed for the clearing is the highest part. A number of years ago a person would be able to see
the lake from that point.
Walsh stated the Park Commission attempts to try and find one pazk every year to improve functionally
and bring it back to what it was historically. Walsh stated the City also has had some people volunteer to
help remove the trees. Walsh stated if this project is approved,the City could perhaps do it for less than
what is projected or the area could be expanded with the help of the volunteers. Walsh commended the
Park Commission for researching the history of the park and working on the proposed improvements.
Brenda Johnson, Park Commissioner, stated one of the really unique elements of the park is the fact that
there was a private and public partnership to try and save this area as an open space. T'hat group of
interested citizens got together with the Park Commission and they are excited about the project. In
addition, Bryce Johnson on the Park Commission has done a great job of researching the history of the
park. Johnson stated in some of the City parks,the history defines the park,and Saga Hills is one of those
historic parks.
Seals asked what the undesirable trees consist of.
Page 4 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
6. SAGA HILLS PARK PROJECT—Continued-
Edwards indicated it consists of buckthorn and other volunteer trees. Edwards stated the Park
Commission is looking at preserving some of the nicer tree stands but the volunteer trees will be
removed.
Seals stated to her knowledge buckthorn cannot really be cut out and needs to be continually removed.
Seals asked if there is a long-term maintenance plan for the park.
Edwards stated the City would have to implement an annual maintenance plan to keep the area clear. It is
anticipated the City will need to spend between$2,500 and$3,000 a year,which is comparable to what is
spent on Lurton Park to treat for invasive species.
Walsh stated the Park Dedication Fund can be used for capital improvements, such as creating trails and
buying benches,but regular maintenance must be funded from the general park budget.
Dankey asked if there is parking available at this park.
Edwards indicated there is.
Walsh stated the parking lot also requires some improvements since this it has been neglected for a
number of years.
Edwards stated the Park Commission is also looking at doing some clearing along the trails,removing
some debris, and improving the parking lot by bringing in some gravel. Edwards noted those items are
not part of this project but are planned to be done sometime this year.
Walsh asked how much land the park consists of.
Edwards indicated it is 30 acres.
Walsh commented there will still be a lot of wooded areas after the clearing is done.
No additional public comments were received.
Crosby moved,Seals seconded,to approve the Saga Hills improvement project at a cost up to
$36,780. VOTE: Ayes 5,Nays 0.
Page 5 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
PLANNING DEPARTMENT REPORT—Planning Commission Representative Jon Schwingler
7&8. #17-3898 DALE RICHARDSON/CBS-MN PROPERTIES,2060 WAYZATA BLVD.
WEST,AMEND PUD NO.2C,AGREEMENT TO ALLOW DAYCARE USE and#17-3899,
JAMES SMALE REPRESENTING LITTLE ACORNS CHILD CARE,INC.,2060 WAYZATA
BOULEVARD WEST,CONDITIONAL USE PERMIT FOR DAYCARE USE
Gaffron stated the applicant is requesting the City amend the zoning provisions for the subject property to
allow `daycare' as an allowed use for the property. In a separate application that will be reviewed this
evening,Little Acorns Childcare has requested a conditional use permit to operate a daycaze in the
existing building on the property. This property is located just west of the Orono senior housing project.
The impetus for this request is the companion application by Little Acorns,which currently operates in
Long Lake. The owners of that business are looking to relocate to this property and operate out of the
existing building on the site.
The property is currently zoned B-6 PUD and is governed by the PUD No. 2C Development Contract as
well as Resolution 5613 that were granted in 2007. The only approved use for the site is a small office
condo complex,which consists of five buildings. To date only one building has been constructed,with
the foundation for the second building being in place. The property remains in a partially developed state
and contains the initial building with three vacant lots. The site grading,parking lot and utilities were
substantially completed by the original developer in 2007-2008. No additional activity has occurred on
the property since approximately 2009.
The Orono Planning Commission at its February meeting voted 6-0 to recommend approval of the
proposed amendment of the PUD No. 2C Agreement to allow `Daycare Use' as a conditional use for the
property, subject to the following additional recommendations:
1. The amendment is for this property only.
2. Daycare should not be added as an allowed use in the B-6 District at this time.
3. The standard 50 square feet of outside play area per pupil that appears in Orono's B-1 and B-3
conditional use requirements for daycare should not be included in the amendment text since
this standard conflicts with state licensing standards. The applicants should merely be subject to
State licensing standards. It was the recommendation that the provision for 50 square feet of
outside play area appearing in the City's B-1 and B-3 District daycare standards should be
eliminated.
Gaffron stated the applicant is actually proposing roughly 1,500 square feet in one area and another
outdoor play area to the northeast.
Page 6 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
7&8. #17-3898 DALE RICHARDSON/CBS-MN PROPERTIES,2060 WAYZATA BLVD.
WEST,AMEND PUD NO.2C,AGREEMENT TO ALLOW DAYCARE USE and#17-3899,
JAMES SMALE REPRESENTING LITTLE ACORNS CHILD CARE,INC.,2060 WAYZATA
BOULEVARD WEST, CONDITIONAL USE PERMIT FOR DAYCARE USE—Continued-
The Planning Commission did review a variety of topics, including conformity with the City's
Comprehensive Plan. The Comprehensive Plan does suggest that areas west of the senior housing center
should be considered for service use. Daycare would be considered a service use. The Planning
Commission also looked at the surrounding uses and impacts to the neighboring properties,the potential
future use of the site,how the daycare use might be impacted by the potential future use of this site,the
parking requirements of the site and access. Parking was originally put in place based on requirements
for office use.
Gaffron noted access to the site is from Wayzata Boulevard. At the time the site was developed in 2007,
there was no expectation at that point that the median would be removed and so there is only a
right-in/right-out access onto Highway 12. Gaffron stated what was put into place was an easement
across the senior housing site to provide access to the stoplight.
The Planning Commission also reviewed the stormwater for the site. There is a tile system that runs from
the northwest to the southeast. All the stormwater for this site drains to the stormwater pond located at
the northwest corner of Brown Road so no additional stortnwater improvements are required.
Staff recommends approval per the Planning Commission recommendation. A draft amendment of the
PUD No. 2C Agreement is before the City Council tonight.
It should be noted that the Amendment as drafted applies to Lot 1,which is the site of the existing
building,with an allowance for ancillary facilities(outdoor recreation area)within the commons parking
lot,Lot 6. This precludes the daycare use extending to the other four building lots.
Gaffron stated if the Council desires,the amendment of the B-1 and B-3 Districts to remove the 50 square
feet outdoor play area requirement will be placed on the ongoing list of future code amendments.
Printup asked what would happen when the site by the outdoor play area gets developed.
Gaffron stated it is possible that the three sites will be re-platted into one and consolidated but the
applicant will need to address that.
Dale Richardson, CBS-MN Properties, stated they do not intend on constructing a building in that corner
but they do intend to re-plat the three lots into one larger lot. Richardson indicated they do plan to start
construction on the second building sometime this spring or summer. Richardson noted there is a
sidewalk system that is incorporated into the site plan.
Printup asked what their plans are for the second building.
Richardson indicated they are currently redoing the plans on that building but that it will be a two-level
building. Richardson stated they hope to start construction by May.
Walsh commented in his view this is a good use for the property.
Page 7 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
7&8. #17-3898 DALE RICHARDSON/CBS-MN PROPERTIES,2060 WAYZATA BLVD.
WEST,AMEND PUD NO.2C,AGREEMENT TO ALLOW DAYCARE USE and#17-3899,
JAMES SMALE REPRESENTING LITTLE ACORNS CHILD CARE,INC.,2060 WAYZATA
BOULEVARD WEST, CONDITIONAL USE PERMIT FOR DAYCARE USE—Continued-
Printup asked what type of use they are looking at for the second building.
Richardson stated they are looking at professional use, such as a law firm or architectural firm.
Seals asked what they are contemplating for the rest of the site.
Richardson stated they would like to construct one large professional medical building around 24,000
square feet with underground parking.
No public comments were received on this application.
Walsh recommended the City Attorney add to his list the elimination of the City's code language
regarding the outdoor play area and instead incorporate language that follows the state standazds.
Seals moved,Crosby seconded,to adopt t6e First Amendment to Planned Unit Development No.2C
Agreement and Development Contract,and to direct Staff to draft an approval resolution for
Application No. 17-3899,James Smale representing Little Acorns Childcare,Inc.,2060 Wayzata
Boulevard West,granting of a conditional use permit for daycare use.
Gaffron noted the resolution regarding the conditional use permit would be back before the City Council
at the next meeting.
VOTE: Ayes 5,Nays 0.
*9. #17-3900 SCOTT KIRCHNER, 1090 HERITAGE LANE,VARIANCE—RESOLUTION
NO.6731.
Printup moved,Seals seconded,to adopt RESOLUTION NO.6731,a Resolution Approving a
Variance from Municipal Zoning Code Section 78-305,for the property located at 1090 Heritage
Lane,File No. 17-3900. VOTE: Ayes 5,Nays 0.
10. #17-3904 LAUREL ULLAND ARCHITECTURE/MARTHA MYERS HEAD,2090
SHORELINE DRIVE,CUP VARIANCE—RESOLUTION NO. 6732
Curtis stated the applicant is requesting two conditional use permits and a variance in order to reconstruct
the guest cabin on the property. The existing guest cabin is located within the 100-year floodplain and
was damaged by the flooding that happened in 2014. T'he cabin is also located lake ward of the average
lakeshore setback.
The new guest cabin will require an average lakeshore setback variance due to the location of the home
across the bay at 2065 North Shore Drive. That property is technically the next adjacent lakeshore lot.
Page 8 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
10. #17-3904 LAUREL ULLAND ARCHITECTURE/MARTHA MYERS HEAD,2090
SHORELINE DRIVE,CUP VARIANCE—RESOLUTION NO.6732—Continued-
The proposal involves reconstructing and elevating the cabin above the floodplain using helical piers
rather than fill material, which triggers the need for the first conditional use permit. The existing cabin
was constructed prior to the City's guest house conditional use permit requirements,which triggers the
second conditional use permit. The CUP is required because the guest house/cabin will be reconstructed
in a different expanded footprint and is in a nonconforming location. The simple act of raising the cabin
out of the floodplain is considered an expansion that would trigger the average setback variance
requirement as well.
At their February meeting,the Planning Commission voted 6-0 to recommend approval of the conditional
use permits and variance. Staff recommends approval of the application.
The City Council should make a motion to adopt or amend the approval resolution that is before them
tonight.
Seals stated she understands the idea of replacing the cabin in the same location and raising it,but that she
is challenged with increasing the footprint even further into the 75-foot setback.
Curtis noted the applicants withdrew that request during the Planning Commission meeting.
Walsh asked if the applicants would like to expand the footprint.
Curtis indicated the applicants would like to expand the footprint to make the cabin slightly larger than
the current cabin. Curtis noted the cabin is not in the exact same location because a portion of the cabin is
not being rebuilt. The applicants are attempting to move the cabin further away from the garden on the
property,out of the floodplain, and out of the 75-foot setback. The intent is to make the cabin similar to
what exists but make it more functional for their family.
Printup asked if the cabin could be moved without triggering an expansion. Printup stated the City will
usually allow something to be replaced as is.
Curtis indicated the applicants can replace it as is without coming before the City Council. Curtis stated
if the applicants were to just take the structure as it is and just lift it would be considered an expansion
because it increases the volume of the space that is not a cabin above it. Curtis stated the Council can
limit the approval to what currently exists.
Curtis noted structural coverage on the property is not applicable and the hardcover is not being
increased. In addition,the 75-foot encroachment has been eliminated. Curtis stated the setback is
determined by the property across the bay which has no impact from this project and that the applicants
would like to make the cabin more functional.
Seals asked if this is the only structure the applicants are looking to deal with. Seals stated raising the
elevation of the cabin does make sense since flooding was an issue.
Crosby asked how high they are going up.
Page 9 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
10. #17-3904 LAUREL ULLAND ARCHITECTURE/MARTHA MYERS HEAD,2090
SHORELINE DRIVE,CUP VARIANCE—RESOLUTION NO.6732—Continued-
Curtis stated the floor elevation will be 933.5',which is a foot above the required City and FEMA low
floor standard. The applicants are also complying with the extra requirement of the Watershed District
and are meeting all of their requirements. Curtis noted the structure will be on piers and open underneath
so water can flow beneath it.
Laurel Ulland,Architect,stated she can answer any questions the Council may have.
Crosby asked how many square feet is being added.
Ulland indicated it is approximately 500 square feet and that they are increasing the hardcover to around
13.05 percent of lot area. Ulland stated they are expanding it to include some porches, which are being
counted as part of the hardcover.
Dankey asked what percent of the land is in the floodplain.
Ulland stated she is unable to give an exact percentage but that the majority of the property is in the
floodplain.
Curtis stated the 931' contour creates essentially an extended island where the home is and that a good
portion of the remainder of the property is located within the floodplain.
Ulland stated the main residence is located on a hill and the rest of it is in the floodplain.
Printup asked what can be done to limit the expansion. Printup noted they can rebuild it as is.
Ulland stated her understanding is that the average lakeshore setback is predicated by the adjacent
property, which would set it 170 feet from the lakeshore.
Walsh stated Council Member Printup is talking more about the additional 500 square feet.
Ulland stated the existing cabin that is there is a compilation of three or four earlier structures built in
1925. The cabin was used by the family,and what is envisioned for the future is the same family using
the cabin but a larger family. The cabin is being expanded to allow for an additional bedroom and a
porch. Ulland noted this is one of a few properties left that is used only during the summer or basically
from May to September.
Printup commented he has concerns that the City Council did not allow someone to have some driveway
monuments and now they are looking at expanding this structure that the City does not normally do.
Ulland stated they can take a look at the massing of the structure but that they are attempting to match the
character of the original house structure. Ulland stated the cabin will not look like a huge new residence
on the property but will be very compatible.
Page 10 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
10. #17-3904 LAUREL ULLAND ARCHITECTURE/MARTHA MYERS HEAD,2090
SHORELINE DRIVE,CUP VARIANCE—RESOLUTION NO.6732—Continued-
Curtis stated if the expansion were going to adversely impact the property owner where the setback is
determined from, Staff would have a concern about it. From the standpoint of that variance, Staff looked
at this lot as being on a point,with all other code requirements being met. Curtis stated while the word
expansion seems like Staff is allowing something that the City would not normally allow,this project
would not adversely impact the adjacent neighbors. Curtis noted the applicants had proposed a stoop on
the north side and that was withdrawn.
No public comments were received.
Printup moved,Crosby seconded,to adopt RESOLUTION NO.6732,a Resolution Approving a
Variance from Municipal Zoning Code Section'78-1279 and Conditional Use Permits Pursuant to
Municipal Zoning Code Sections 78-303 and 78-1126,for the property located at 2090 Shoreline
Drive,File No. 17-3904. VOTE: Ayes 5,Nays 0.
11. #17-3906 JOSHUA/MARKUM BUILDERS,3472 LYRIC AVENUE,VARIANCES—
RESOLUTION NO. 6735
Gaffron stated the applicant is requesting lot area and lot width variances in order to construct a new
residence to replace the existing residence on the property. The small lot would quality for buildability
without area and width variances but it would be subject to a 25 percent hardcover limit,which is based
on the City's Shoreland regulations. The property is located in Tier 3 hardcover zone,which normally
allows 35 percent hardcover. In order to be able to exceed the 25 percent limit and go up to the 35
percent limit,the lot area and width variances are required.
The applicants' initial plan indicated lot coverage slightly in excess of the 1,500 square feet that is
allowed. The applicants have since changed their plan to meet the 1,500 square foot limit. There is an
existing detached garage and a fairly new home to the immediate west on the double lot. The house to the
east is on a single lot. The proposed house would eliminate the detached garage in back and instead an
attached garage would be constructed in the front. This results in a reduction in hardcover.
The Planning Commission reviewed this application and held a public hearing at its February meeting.
During that meeting comments were received from the neighbor to the immediate east and from the
neighbor to the north. One of the concerns of the neighbor to the north is the fact that there is a retaining
wall and the existing garage has acted as a fence to keep her dog confined to her yard. The Planning
Commission had requested the applicant work with the property owner to the north in order to maintain a
fence of some sort so there is not an issue with the animal leaving the yard.
The neighbor to the east was concerned about drainage. The applicant has provided a revised plan today
to maintain the drainage within the site and out to the street so that it will not impact the neighbor to the
east.
The Planning Commission voted 6-0 to recommend approval of the area and width variance request as
presented subject to the following recommendations:
Page li of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
11. #17-3906 OSHUA/MARKUM BUILDERS,3472 LYRIC AVENUE,VARIANCES—
RESOLUTION NO.6735—Continued-
1. No hardcover or structural coverage variances to be granted.
2. A drainage plan should be established to reduce/eliminate drainage to adjacent properties to the
extent possible,especially the property to the east.
3. The applicant is encouraged to work with the neighbor to the north regarding fence concerns.
Addressing the neighbor's fence concerns is advisory only since there is no code requirement that
a fence be constructed at the rear lot line.
4. The drainage plan will be reviewed by the City Engineer prior to building permit issuance.
Gaffron stated the City will be seeing similar applications in the near future where the Shoreland
regulations allowed someone to construct a house on the small lot but limited them to 25 percent
hardcover. Gaffron stated at the next Planning Commission meeting will be two applications where a
house was constructed at 25 percent in the last couple of years but the property owners would now like to
add more hardcover. Staff is exploring ways that this type of situation can be avoided.
Staff recommends approval of this application per the Planning Commission recommendation.
Crosby asked if the drainage issue has been satisfactorily resolved.
Gaffron indicated it has and that the City Engineer will be taking a look at that prior to the building permit
being issued.
Walsh asked how they can codify the issue with the neighbor to the north.
Gaffron stated there is no code that says someone has to provide a fence for the neighbor but the applicant
could perhaps address that.
Mark Olson, Builder, stated a fence will be constructed back there and during construction a snow fence
will be erected. Olson stated he is not sure at this point what the fence will be constructed out of.
Olson stated as it relates to the drainage,he did submit a revised drainage plan and that they will be
constructing a swale. Olson stated the elevation will match on both lots so water from this lot will not go
onto the neighbor's property. Olson indicated he has also sent the erosion control plan to the Watershed
District for their review and that hopefully he can start work soon.
Walsh asked if he is agreeable that language be included in the resolution that the owner/builder has
agreed to erect some sort of fence in the back.
Olson stated that is fine.
No public comments were received.
Page 12 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
11. #17-3906 OSHUA/MARKUM BUILDERS,3472 LYRIC AVENUE,VARIANCES—
RESOLUTION NO.6735—Continued-
Printup moved,Crosby seconded,to adopt RESOLUTION NO. 6735,a Resolution Granting
Variances to Orono Municipal Zoning Code Section 78-350 for the property located at 3472 Lyric
Avenue,File No. 17-3906,with language being added to the resolution that the owner/builder has
agreed to construct a fence in the back. VOTE: Ayes 5,Nays 0.
12. #17-3903 ALEX UGORETS,2520 SHADYWOOD ROAD,SKETCH PLAN
Barnhart stated the property owner is seeking City Council feedback on a sketch plan for a proposed
development at 2520 Shadywood Road located south of the Freshwater Business Center. The lot is
currently vacant. The proposed use and density is within the guidelines of the City's Comprehensive Plan
but the property will need to be rezoned from the current business zone to a residential zone to
accommodate the residential use. The development,the site plan approval of the actual building,and the
rezoning will require a formal public hearing since it represents a policy change. Barnhart stated it is
appropriate to review it as a sketch plan at this point but there will be formal public hearing if the property
owner chooses to proceed with an application.
The proposal includes a 49-unit apartment building. The building will be three stories in the front and
four to five stories in the rear depending on the angle. There will be parking for 100 cars,with 50 of
those being surface parking and 50 underground. Access to the site will be off of Shadywood and will
line up with the church access across the street. This will require reconfiguration of the access that
services the Freshwater Business Center. Hennepin County appears to be supportive of the proposed
driveway location.
The proposed density is slightly higher than what is guided for in the Comprehensive Plan. The property
owner owns four lots in this area and the lot lines can be rearranged if necessary. Barnhart stated the
Council should provide some direction on what they feel is appropriate density for the site. The
hardcover as currently proposed appears to meet the requirements of the zoning district.
Barnhart displayed an aerial of the area and pointed out the location of the Freshwater Business Center,
Shadywood Road, Lund's and the bank. Barnhart noted those three businesses recently went through a
facelift last summer. The most impacted residential homes are to the east and south of the site.
The site plan shows the proposed parking lot sits on the upper portion of the vacant lot. The property
slopes towards the wetland. As the property drops down,the building is sighted to accommodate that
drop. The proposal minimizes grading impacts to the wetland. The grading plan will be reviewed as part
of the zoning process in greater detail.
Barnhart stated a sketch plan is primarily an opportunity for the applicant to prepare a project for the
Planning Commission and City Council to review and comment on what is being proposed. There is no
public hearing scheduled with a sketch plan and it is more of an opportunity for feedback.
Page 13 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS,2520 SHADYWOOD ROAD,SKETCH PLAN—Continued-
Barnhart indicated the applicant has a number of photographs he would like to show as part of his
presentation but that this aerial picture depicts the building from the front with three stories and a
penthouse. A flat roof building is proposed,which is different than most residential structures in town,
but the Planning Commission indicated they are comfortable with the flat roof, citing the fact that a
number of commercial buildings in Navarre have flat roofs. Barnhart stated a flat roof may also appeaz to
be less massive.
Barnhart displayed a view of the building from the wetland. From the back the building does appear to
be 5.5 stories with the penthouse level. Barnhart noted the penthouse does not cover the entire upper
level of the building. Barnhart displayed a number of sketches depicting the proposed building on the site
from different angles.
The Planning Commission reviewed a number of issues and indicated they were comfortable with the
density. In addition,the Planning Commission discussed the height and recognized that Orono has
historically stood firm on three stories. Last summer the City adjusted the height limitation to not be
calculated on the number of stories but rather calculated on the actual height elevation. From a height
standpoint,this project will likely be a PUD and the City will have some flexibility on the height.
The Planning Commission also talked about fire safety and the expectation that Fire Code would be met.
It is Staffls expectation that some sort of driveway will be required around the back of the building to
meet Fire Code but that Staff will defer to the Fire Chief on those issues.
One of the comments that the Planning Commission noted was the residential homes will be the most
impacted from a visual standpoint based on the proximity of the building to the homes. There is a large
wetland that separates the property and impacts the property owner's ability to develop the entire site.
The developer has provided some sketches to illustrate the separation between the proposed building and
the residential area.
Crosby noted the people on Lydiard will also be impacted.
Barnhart stated it is likely there will be some type of development on this site and that the question is
what is the most appropriate. The site is currently guided for mixed use,which could either be business
use or an apartment building.
Crosby asked whether this area could be developed as single-family homes.
Barnhart stated the Comprehensive Plan would need to be amended and that the site is currently guided
for 6 to 15 units per acre. When the Comprehensive Plan amendment was approved for Shadywood
Villas,the density on this site was increased.
Seals asked how many acres the site consists of.
Barnhart stated to his knowledge it is approximately three acres of upland. Barnhart stated the applicant
is proposing 15 units per acre.
Page 14 of 32
MINUTE5 OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS,2520 SHADYWOOD ROAD, SKETCH PLAN—Continued-
Printup asked if sewer, utilities and infrastructure can handle that many units.
Barnhart stated the expectation at this time is that it can but that will be a key component of the formal
review. Barnhart stated Staff would be more concerned if the applicant was proposing a density of 30
units per acre but that he is comfortable with the 15 units.
Seals stated it is obvious the three residential lots will be the most impacted. Seals asked how the City
will go about notifying everyone. Seals stated everyone in Navarre will be affected by the traffic and that
when she looks at the sketch plan, it does not appear to fit in with the Navarre area. Seals stated she
wants to make sure there is a good group of people from Navarre to provide input.
Walsh noted he has discussed making the sketch plan process part of the notification process and that he
would like to keep that on the burner for the City Attorney. Walsh stated he would like to avoid having
the developer spend a lot of money on plans if it turns out the neighborhood is opposed to the project.
Crosby commented traffic is a major issue in that area and that traffic will tie up all the way to the
Narrows Bridge at times and that it is a very dangerous intersection.
Walsh stated this lot will be developed in some way and that it is a matter of what is appropriate from a
size, height, and density point of view. Walsh stated they all agree there are traffic issues in the area but
that Hennepin County will be dealing with the intersection in 2019,with public hearings coming up later
this year.
Seals stated sometimes when there is a dramatic change,people are more hesitant to support the project
and that she does not want the developer to invest a lot of money into something that does not have the
support of the neighborhood. Seals stated if someone looks around Navarre, everything is so different
and that every house and business is its own individual building. Seals asked if there is a way to make it
look like it is not so massive.
Walsh stated the City Council can provide guidance on the density and the height of the building but that
the Council cannot design it for them.
Seals commented if someone is a resident of Navarre,they will see this big flat roof building and that
public feedback would be very helpful in this situation to help guide the developer.
Barnhart noted the Planning Commission recommended a formal traffic study be done as part of the
application. From the standpoint of the impact to the neighborhood,the Planning Commission did
discuss that as well and encouraged the applicant to reach out to the neighbors as soon as possible before
final decisions are made by them on the sketch plan. Barnhart stated to his understanding the applicant
did visit with some of the residents and that correspondence has been provided to the Council.
Crosby stated he would like to see that discussion expanded to the residents on Lydiard and Kelly and
that it will impact more than the three residences.
Seals noted there was discussion at the Planning Commission meeting about having a meeting at the
Freshwater Institute with the residents, which would be a good idea.
Page 15 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS,2520 SHADYWOOD ROAD,SKETCH PLAN—Continued-
Walsh stated he understands there was some talk about realigning the driveway with the church across the
street and then the Council also discussed aligning the driveway with the new development across the
street. Walsh stated he is not sure what will happen to the other driveway.
Barnhart stated the original plan was to coordinate the Shadywood Villas' access,access for the
Freshwater Building and this lot, and then eventually the church. The applicant has talked extensively
with Hennepin County. Based on the future plans for turning lanes that will be proposed for this azea,
the County is comfortable with the driveway offset. Barnhart stated the original goal was to coordinate
them all into one. Barnhart noted this alignment does have some benefits to the Freshwater building
because that driveway would minimize the amount of parking. Barnhart stated businesses will experience
more traffic than a residential property and that Hennepin County is comfortable with the proposal.
Crosby asked what the Freshwater site is zoned at.
Barnhart indicated the building is zoned B-4, which is office and office related uses. Currently the only
use being proposed is office for that site.
Tom Goodrum, senior planner for Westwood Professional Services,stated he would first like to talk
about the neighborhood and then talk about the design of the property and why it is an appropriate use for
the site.
Goodrum indicated they did send a letter out to everybody within 350 feet following the Planning
Commission meeting and that they received one letter back from the neighbor behind the property.
Goodrum stated they did correspond with that person and that they will be meeting with that neighbor on
the site tomorrow to speak with him about the impacts. Goodrum stated that neighbor basically would
like some more information on the project.
Goodrum stated when Mr. Ugorets purchased the Freshwater building, he was excited about the recent
improvements in Navarre and went ahead and made improvements to the Freshwater building. Goodrum
commented this area is becoming a popular place to be and that Mr. Ugorets has received a number of
positive comments about how nice the Freshwater building looks.
Goodrum noted there currently are not a lot of housing choices available in this area. Goodrum stated
they do not have a specific housing type in mind at this time for the site and that they are open to what
best meets the needs of the neighborhood. Condominiums or market rate apartments are an option.
At 15 units per acre,the density is within Orono's Comprehensive Plan. In addition,Mr. Ugorets owns
an additional 12 acres of land. If those 12 acres are added to this property to this site,the density would
be five units per acre. Goodrum noted they are using approximatelyl2 percent of the land for building.
Goodrum noted his office, Westwood,does have a traffic division within their company and that they will
be taking a more in depth look at the traffic impacts.
Crosby asked what percentage of the property is wetland.
Page 16 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS,2520 SHADYWOOD ROAD,SKETCH PLAN—Continued-
Goodrum stated the wetlands for this property are on the edge of the site so it would only be a small
percentage. Goodrum stated he would estimate it at under 10 percent. Discussions have been had with
the Watershed District and they were able to walk the property. Goodrum indicated they will be meeting
the Watershed District's requirements and that they were pleased with the approach being taken to the
property.
Goodrum indicated they also met with Hennepin County and they looked at the best access point for the
site. Hennepin County indicated they were fine with combining access to this site with the Freshwater
site. Goodrum stated based on their experience,the development would have a very small impact to the
flow of traffic but that they are prepared to submit a formal traffic study.
Goodrum stated when they were designing the sketch plan,they wanted this building to be
complementary to the Freshwater building because they do not want it to have a negative impact to the
office building. Being proposed are similar type features to the Freshwater building,especially as it
relates to the height. The front of the Freshwater building is 30 feet,the height of this building is 30 feet
in the front, and the penthouse steps up another nine feet in the back corner on the far side of the property.
Goodrum stated the purpose of the penthouse is to provide beautiful views,meet market demand, and to
match the height of the Freshwater building,which is 54 feet tall from the back.
Goodrum indicated they used the Freshwater building to match this building and that it will have the same
visual impact as the Freshwater building. As you move south past the building,the penthouse is stepped
down and the building goes down to 31 feet. Goodrum indicated that is a transitional area from the
Freshwater into the residential area.
Goodrum stated the reason for that height is because the ground slopes 12 feet down into the wetland
area. Goodrum commented it makes more sense to use the natural topography and having the proposed
elevation than it would to haul in a bunch of fill. The lowest floor is the exposed parking garage,which
will have screening around it. Goodrum stated they could bring in a bunch of dirt to cover the bottom two
stories but that would result in hauling a lot of dirt into the site and does not work with the natural
topography. Goodrum stated they are hoping the height is something the City will not consider to be a
negative impact, especially since that corner of the proposed building matches the height of the
Freshwater building. Goodrum noted the building is also set back from the road to avoid creating a tunnel
effect.
In addition,a berm will be constructed as well as landscaping to help block headlights and to help screen
the building. Goodrum commented they spent a considerable amount of time fitting the building on the
property and have it conform to the natural topography.
Seals asked if there is a potential to put a right-turn lane into this property.
Barnhart stated the County would likely object to that. In addition,the wetland is also fairly close to that
area,which is where some separation would be required. Barnhart noted there is a right-in/right-out at the
north end of the parking lot. Hennepin County would like to get rid of that at some point but at this time
they are willing to accept that.
Page 17 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS,2520 SHADYWOOD ROAD,SKETCH PLAN—Continued-
Goodrum stated the visual impact of the building is focused primarily on the three residential homes and
the windows in those homes are faced more away from the building.
Goodrum displayed some aerial pictures of the site, noting there are a number of trees on the site between
the building and the residential homes that will remain. Goodrum displayed some pictures depicting the
view of the site from the residential homes.
Crosby asked what the people on the other side of the road will see.
Goodrum stated they would see a 30-foot high structure similar to the Freshwater building.
Seals stated the last time she remembered a development being discussed by the Council there were a
number of residents who appeared and that she would encourage the developer to reach out to a wider
area.
Walsh asked if the height of a house could be 30 feet or 39 feet if it was stepped back part of the way.
Barnhart stated on a flat roof, Staff ineasures from the top point of the highest adjacent grade. Barnhart
stated the applicant is suggesting that there are some design elements that will mitigate some of that.
Walsh noted residential homes would be peaked at 30 feet and could not be stepped back in the front or
the back.
Goodrum noted residential homes have pitched roofs,which makes them appear taller.
Walsh commented they are actually getting more because they do not have the pitch. Walsh stated if one
person is allowed a higher height, other people will want the same thing.
Goodrum noted there is a 75-foot buffer from the wetlands and that the trees in the area will not be
removed. Goodrum stated they also need to incorporate some stormwater ponding in that area but that
they want to preserve as many trees as possible.
Walsh asked how many acres there are total.
Goodrum indicated it is approximately 20 acres if all the lots are combined.
Walsh asked how much of that is dry buildable.
Goodrum stated the area they are looking at is approximately three acres.
Barnhart stated he does not have that exact number,but to his knowledge there are approximately three
acres of dry buildable on this site and Freshwater has around five acres.
Walsh noted only the dry buildable counts towards the density.
Page 18 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS,2520 SHADYWOOD ROAD,SKETCH PLAN—Continued-
Barnhart stated Orono only allows dry buildable but the Metropolitan Council allows the wetland area to
be included in the density calculations.
Gaffron stated the dry buildable and the buffer area can be included but not the actual wetland.
Goodrum noted there is some additional dry buildable on the other lots.
Walsh stated his only issue is the height of the building. Walsh commented a house gets 30 feet and that
they should try to work with the 30 feet.
Printup asked what it will look like aesthetically as someone comes from Wayzata and whether someone
would be able to see this flat roof apartment building across the wetland.
Crosby stated as you go west on Shoreline,you would see it.
Goodrum noted this building would be somewhat shielded by the Freshwater building and that someone
would be able to see further west on Shoreline. Goodrum stated if you look across the wetland,you will
see the corners of the building.
Walsh stated the lot will get developed in some way and that the Council needs to provide the applicant
direction on the height. Walsh stated he is leaning towards limiting it to 30 feet.
Seals commented she would like to get some input from the neighbors since they will be looking at it.
Goodrum noted the 30 feet from the front is doable.
Walsh stated the penthouse would need to be included in the 30.
Barnhart stated the direction he has heard from the Council so far is to limit the height at 30 feet and that
they would like neighborhood input. In addition,concerns were also expressed about the traffic impacts
and the need to have a better understanding of those impacts.
Crosby stated the dry buildable on this site compared to all the lots would be interesting. Crosby stated
the main issue is to get the input from the neighbors and make sure the residents in the area are aware of
what is going on.
Seals commented she understands the public hearings are further down the road but that she would like to
get the word out earlier.
Goodrum stated they did reach out to everyone within 350 feet and that they will do that again.
Dankey encouraged them to go beyond the 350-foot area.
Crosby commented he still has a major concern with traffic.
Page 19 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS,2520 SHADYWOOD ROAD, SKETCH PLAN—Continued-
Dankey stated it is very difficult to pull out of Lund's since there is always traffic there.
Alex Ugorets, 175 Brentwood Avenue,Tonka Bay, stated he bought the Freshwater business center and
tried to bring it back to life. Ugorets commented it is a lot of work and cost a lot of money but that he
gets a lot of compliments from people stopping by. Ugorets stated he is very proud of that project and
that in his view it will be very successful.
Ugorets stated his taste is very contemporary and that he noticed Byerly's and Lund's have been doing
similar things. Ugorets stated the whole neighborhood is becoming more modern and that this building
could be apartment units or condominiums or senior care but that he just wants to know what size box
they can put in there. Ugorets stated it could also be turned into a parking lot for the Freshwater Business
Center.
Dankey suggested he consider a little smaller box than what he is proposing.
Ugorets stated he has had a lot of requests to turn it into an event center and that his original idea was to
turn a portion of the building into an event center. Ugorets indicated he has people who would be willing
to run it and the neighbors have indicated they would like to have weddings there. Ugorets stated he put
that on hold given his concerns with parking,but if this project does not go through,one of his options is
to add more parking for an event center. Ugorets stated that is not a bad use for the neighborhood but that
they will be looking at a parking lot rather than a building.
Ugorets indicated he will do just fine with a building or without a building but that this project would be
an asset to the city and to the neighborhood. Ugorets commented there are a lot of older people who
would not mind living in the penthouse and that it is a major feature of the building. Without the
penthouse, it will be just another ordinary building, which he does not really want to build. Ugorets
stated he wants it to be a nice property for the people who can afford it and enjoy it,but if the building is
reduced in height, it will be a different building. Ugorets stated the penthouse will bring in enough
revenue to make the building feasible.
Ugorets stated as far as the distance from the wetland,the City is encouraging him to have underground
parking,but that creates a whole story. Ugorets stated 30 feet in the front is not that much when there are
10-foot ceilings. Ugorets stated people like high ceilings and that he wants to put a nice expensive
building there, but that if the size of the building is reduced too much,he might not be building anything
there.
Ugorets noted the person that sent the letter is actually located on County Road 19 and that his property
borders this property by a tiny little section. Ugorets stated he also wants a fence in there and that he is
willing to give him a fence but his complaint does not make much sense since he is one of the least ones
being impacted.
Seals stated the Council would like to thank him for all the improvements to the Freshwater building.
Seals encouraged him to reach out to the residents to get more feedback and to try to get them to support
the project.
Page 20 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
12. #17-3903 ALEX UGORETS,2520 SHADYWOOD ROAD,SKETCH PLAN—Continued-
Ugorets indicated he will be meeting with him tomorrow morning and hy to keep him happy. Ugorets
noted they did send out letters for an event center notification and not one person showed up. Ugorets
indicated they also sent out another letter for this meeting and they received one letter back. Ugorets
commented he is happy to meet with all the residents.
Barnhart noted no further action is required on the sketch plan.
The City Council took no formal action on this item.
(Recess taken from 8:58 p.m.to 9:05 p.m.)
13. #17-3894 CITY OF ORONO TEXT AMENDMENT: NON-ENCROACHMENTS—
ORDINANCE-Tabled
Barnhart stated this is a proposed draft ordinance regulating non-encroachments, which allows for
structures to encroach into required setbacks,such as fireplace chases or eaves on buildings,but it also
includes certain improvements that can be made in the required setback area.
In 2015,the City drafted an ordinance that regulated retaining walls based on their height,based on the
amount of soil they retained, and based on their location to the setbacks. Barnhart noted the Mayor has
suggested the Council review the ordinance from the standpoint of its impact on small lots.
Barnhart stated retaining walls are fairly common on small lots because the lots themselves are so
relatively small that retaining walls are needed to help maximize the use of those properties. The dra8
ordinance allows for low improvements or low structure. Barnhart noted a structure is considered
anything that is built or improved such as low retaining walls, flower beds,planter beds,or stones that
help define an edge. The draft ordinance allows those structures to be located in a required yard without a
permit.
In addition,the proposed ordinance removes the grading component associated with the 2015 ordinance.
Grading is addressed in the shoreland regulations and land alteration sections of the City Code. The draft
ordinance also removes the conditional use permit requirement for`unusual land alterations'. Unusual
land alterations would be excavations that are deeper than normal for homes or encompass a larger than
normal area. Barnhart noted the City Engineer would review the grading plan associated with the project
but it would not require a conditional use permit.
The draft ordinance also has any references to rip-rap removed since the City refers all rip-rap inquiries to
the Lake Minnetonka Conservation District.
Barnhart noted the Planning Commission reviewed this draft ordinance at their February meeting and at
that time they reviewed two options. One option addressed the retaining wall/planter issue and the second
option addressed that issue and also included other opportunities to clarify the code and processes. The
Planning Commission recommended approval of Option B.
Page 21 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
13. #17-3894 CITY OF ORONO TEXT AMENDMENT: NON-ENCROACHMENTS—
ORDINANCE-Tabled—Continued-
Printup stated he was okay with the ordinance but since it was a code item,he thought it should be
discussed briefly.
No public comments were received.
Walsh stated the draft ordinance starts out with retaining walls and planters. Walsh questioned whether it
should say retaining walls, planters, and any other hardcover component so it is all encompassing. Walsh
stated that would cover bricks outlining a tree. Walsh stated the current language seems to be very
narrow. Walsh noted that language would need to be added under 5.1,(a), and 4(c)to make it all
consistent.
Walsh stated he also has a question on why 4(b) is in the dra8 ordinance at all. Walsh stated if the
retaining wall exceeds two feet in height,a person would need to get a permit. Walsh asked whether that
is already built into the ordinance.
Barnhart noted retaining walls require a permit at four feet and what the ordinance is saying is someone
can have a retaining wall in the required side yard but a permit is required at two feet or above. A permit
is not necessary at two feet or less.
Mattick stated he understands what the Mayor is saying. Mattick stated a lot of times Staff will get asked
where it states that, so it can be added.
Mattick stated as it relates to retaining walls and planters,the original intent of the ordinance was to cover
only two items. Mattick asked if the Mayor would like the ordinance to apply to any and all hardcover
items.
Walsh stated if someone has a brick or stone outline around a tree in the side yard,the ordinance would
not cover it as cunently drafted. Walsh stated that is why he suggested adding the language,any other
hardcover component. Walsh noted there would be four places where that would have to be added.
Seals asked if the Mayor feels the language is too broad.
Mattick stated he is trying to think whether that language would allow patios and decks. Mattick stated a
patio could be less than two feet in height and that he is not sure whether that language should be in there.
Barnhart stated the idea behind planters was that it would include planter beds or raised gardens,which
are more of a defined space.
Mattick stated it is hard to create a list to catch everything.
Walsh stated he would rather on the side of more flexibility than to change the ordinance for two specific
items. Walsh stated he could place stone pavers around his bushes and that might not be covered.
Barnhart stated the language"similar improvements"would give some flexibility.
Page 22 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
13. #17-3894 CITY OF ORONO TEXT AMENDMENT: NON-ENCROACHMENTS—
ORDINANCE—Tabled—Continued-
Printup stated it could read similar landscaping improvements.
Crosby stated patios can be considered a landscaping improvement.
Mattick stated he would like to look at that a little further. Mattick asked if the Council is talking about
allowing retaining walls and planters and similar landscaping features but not have the language allow
patios.
Walsh noted they are only talking about the 0-5 foot range and that patios and decks usually require a
10-foot setback.
Seals moved,Crosby seconded,to table Application No. 17-3894,City of Orono,Text Amendment:
Non-Encroachments. VOTE: Ayes 5,Nays 0.
14. #17-3896 CITY OF ORONO TEXT AMENDMENT: STRUCTURAL COVERAGE—
ORDINANCE No. 187
Barnhart stated two ordinances were prepared and reviewed by the Planning Commission at their
February meeting. This item was identified by the Process Review Committee as a priority.
The first option reviewed was an ordinance to remove structural coverage and adds hardcover to the
exempt portions of the shoreland area but it removes structural coverage as a maximum. The second draft
ordinance, as recommended by the Planning Commission,does not change the structural coverage limit
and leaves it at 15 percent. Barnhart stated basically the change is if it is a roofed structure six feet in
height or over, it is counted as structural coverage. If it is less than six feet, it would not be counted.
The Planning Commission was cautious about recommending changes to the structural coverage. The
Planning Commission recognized the impact of massing and they were reluctant to make wholesale
changes to that. Staff did prepare an ordinance that raised structural coverage from 15 percent to 20
percent but the Planning Commission did not recommend approval of that.
Staff is looking for direction on one of the two ordinances.
Seals stated she attended the Planning Commission meeting and that she would like the Council to talk
about what the risk is in removing the structural coverage limit completely. Seals stated when she looked
at Option B,she had a question about whether it would be enough to just change the structural coverage
number.
Barnhart stated in terms of the impacts from completely removing the structural coverage limit, he is not
sure of the answer to that. Barnhart noted the structural coverage limit has been part of Orono's fabric for
years and that it is most noticeable when you compare Orono's lake visibility to Mound or one of the
other lake communities. Barnhart stated Orono's structural coverage limit has played a part in that,but to
what extent he is not sure.
Page 23 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
14. #17-3896 CITY OF ORONO TEXT AMENDMENT: STRUCTURAL COVERAGE—
ORDINANCE No. 187—Continued-
Barnhart stated whenever an applicant comes forward, Staff strongly encourages them to comply with the
structural coverage limitation and that he does not know what would happen if it is removed completely.
Barnhart stated his fear is that Orono will lose some of that distinction between Orono and some of the
other lake communities.
Walsh noted the City differentiates between two acre lots and lots that are less than two acres. Walsh
stated if you have to start putting exceptions to a rule,you need to look at the rule. Walsh stated people
with small lots have to choose between having a deck or a screened in porch and that people with two
acre lots are allowed both.
Walsh stated he has been talking for a couple of years that they need to treat everyone the same. Walsh
stated on a small lot,the driveway will have that much bigger impact than if it is on a two acre lot. Walsh
indicated he would like to give the smaller lots a little more flexibility. Walsh noted approximately 70
percent of the lots in Orono are less than two acres. Walsh indicated he is in favor of Option A since all
the lots will then be treated the same.
Printup noted Option B eliminates the decks from the structural coverage. Printup asked if this would
become a nonissue if the decks are eliminated. Printup stated there would still be the structural
component but the need for variances would become almost a nonissue.
Printup stated he has a fear that if the structural coverage is removed altogether, someone could build out
their house and later say they have issues with hardcover due to driveway and sidewalk issues.
Walsh stated the City already deals with that. Walsh noted Staff already advises applicants to comply as
much as possible with structural coverage and hardcover. Walsh stated the square footage is a bigger
percentage of the lot on the smaller lots. Walsh indicated he could live with the 20 percent and
eliminating the decks to provide some more flexibility. Walsh stated if the City is always granting
exceptions to the rule,they need to look at the rule.
Printup stated in his view decks should not be considered hardcover. Printup stated they talk about a deck
that is 30 inches offthe ground, and then how a handrail is required if it is over a certain height and how it
becomes structural coverage, and then they talk about the rain not hitting the ground and so it is
considered hardcover. Printup stated those types of conversations need to stop.
Seals commented that is a topic for a different night.
Seals stated if the Council went with Option B and altered it to say 20 percent,those changes would
provide more flexibility for smaller lots.
Printup noted Option B also eliminates decks and open structures,which would alleviate a lot of the
requests the City hears.
Walsh stated he could live with Option B if it is increased to 20 percent because it will give the smaller
lots more flexibility.
Page 24 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
14. #17-3896 CITY OF ORONO TEXT AMENDMENT: STRUCTURAL COVERAGE—
ORDINANCE No. 187—Continued-
Seals stated if the goal is to be more flexible,Option B would accomplish that and would eliminate a
number of variance requests that the City heard last year.
There were no public comments received.
Crosby stated the Council has to be concerned about the hardcover issue. Crosby stated when someone
drives along the lakeshore,you can tell the difference between Orono and the other communities.
Walsh noted the hardcover will not be changed under this ordinance.
Seals moved,Printup seconded,to approve Option B,with the structural coverage limit being
raised from 15 percent to 20 percent,and to adopt ORDINANCE NO. 187,a Third Series,an
Ordinance Amending the Code of Ordinances Pertaining to Removing Structural Coverage
Restrictions and Adding Hardcover Limitations to Certain Lots Within the City of Orono.
Barnhart noted for lots less than 10,000 square feet,they currently are allowed 1,500 squaze feet, and to
be consistent it should be raised to 2,000 square feet.
VOTE: Ayes 5,Nays 0.
15. #17-3897 CITY OF ORONO TEXT AMENDMENT: SPECIAL EVENTS—ORDINANCE
-Tabled
Barnhart stated the intent of the last ordinance is to close a loophole in the City's ordinance relating to
special events. Last summer/fall Staff learned of an issue in a neighborhood where a property owner held
a series of private events in their private home. These events did not require a permit due to the patrons
being bused in. There was no on-street parking,no trash generated, and no loud noise so it did not fall
within the City's special event requirements. The City eventually reviewed it as a home occupation and
denied it.
The events occurred on Friday, Saturday, and Sunday on several weekends over the summer. At that time
a large bus would drive through the neighborhood and deliver the patrons to the house. The neighbors
felt uncomfortable with that.
Barnhart stated the draft ordinance is intended to define occasional private parties. The current ordinance
exempts private parties from special event permits. The dra8 ordinance adjusts the definitions of private
and special events and attempts to differentiate between an occasional private party and one that is more
impactful to neighborhoods.
Barnhart stated Staff s discussion centered around the frequency of the events and what the true impact
was of the events. Traffic was not really an issue given the large bus delivering the patrons so it came
down to the frequency. The draft ordinance would allow a property to have three private events a year
without a permit from the City. The fourth event would require the issuance of a permit. Barnhart stated
Page 25 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
15. #17-3897 CITY OF ORONO TEXT AMENDMENT: SPECIAL EVENTS—Ordinance—
Tabled—Continued-
Staff is not going to necessarily know about private events,but in the case where someone's event
impacts the neighbors,there should be some protection to them.
The Planning Commission did hold a public hearing at their February meeting and no public comments
were received. During the Planning Commission discussion,there were questions related to the issuance
of permits. Special event permits are reviewed by the clerk and police chief and then issued by the clerk's
office. There is no public hearing. Barnhart noted this is not a zoning code issue but actually is located
within the traffic section of the code.
Seals stated she was not on the Council when this was discussed last year, and upon reading the draft
ordinance, she struggled with it since it sounded like the government was trying to be big brother and
mandate parties at people's homes,which she has no interest in doing. Seals asked what the true problem
is that they are trying to fix. Seals stated her assumption is even if you changed the ordinance and said
that someone cannot do three parties over the weekend,they will do two.
Seals stated the City Council needs to talk about this since it disrupted a whole neighborhood but that she
does not feel comfortable with the ordinance since it appears to be a little too invasive. Seals stated
theoretically fundraising parties and galas would or could fall under this.
Walsh stated he also struggled with the language. Walsh commented this is a complicated issue because
Orono has people on large lots with large driveways and their events do not cause a problem but there are
different issues in other neighborhoods. Walsh stated he does not know how to quantify it and that he
does not want to be in the party enforcement business. Walsh stated the City did have a problem that
came up but that he has been struggling with how to deal with it since the events did not really generate
any noise or traffic issues.
Walsh noted the City Council has three new members on it since last fall and they do not have the history
on the issue. Walsh stated the Council should perhaps table it to gather more information and more
public input through another public hearing. Walsh stated people cannot park on the street he lives on at
all and when he has a party,the neighbors have to walk to his house. Walsh stated he does not want to pit
neighbor against neighbor whenever someone has a party. Walsh stated in his view the City Council
needs more public input to understand how to better deal with this and that it is similar to the quandary
the Council found itself in when trying to define a living wall.
Crosby stated he would like to hear from the public.
Dankey stated she heard a lot of the things already said that she has been thinking. Dankey stated when
she read through the draft ordinance she thought,no way, I do not want to support this. Dankey stated
she does attend a lot of charity parties in Orono and oftentimes they have more than 20 people. Dankey
stated the ordinance seems to be a little bit punitive and that it seems like the City is hitting everyone for
what may be one or two issues. Dankey stated she is not sure if there is another way to do this.
Seals stated she knows the Planning Commission and Staff have looked into this. Seals asked whether
Staff knows what other communities do in relation to this.
Page 26 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
15. #17-3897 CITY OF ORONO TEXT AMENDMENT: SPECIAL EVENTS—Ordinance—
Tabled—Continued-
Brian Gerard,680 North Arm Drive,stated he did read through the ordinance and that he has some major
issues with it. Gerard stated it comes down to definitions and what is the definition of an occasional party
or a crowd. Gerard stated he frequently will have a dinner party where people will spend the night and
the next day they might go boating or have a fire. Within a couple of weekends he would need a permit.
Gerard indicated he is also a real estate agent and that some weekends they might do two open houses and
two more the following weekend. Gerard stated he would have to pull a permit for the fourth one.
Gerard indicated he has talked to other residents and they feel the City should not be dictating how often
someone has a dinner party. Gerard stated the way the ordinance is written, it would be hard for residents
to stomach.
Walsh stated in his view the Council agrees with him.
Cindy Hilger, 585 South Brown Road, stated the Council has spoken to a lot of issues that she has with
the ordinance and that in her view the City will not be able to enforce it. Hilger indicated she lives on a
property that is highly visible and if the Council was to take her property and put it at the center of a half
mile circle,there would be, at a minimum,21 properties that are either hidden by trees, gates, or long
driveways. Hilger stated those 21 properties are basically invisible but someone would be able to count
the number of cars in her driveway. Hilger stated the City is basically asking her to police her neighbors,
which is not her job, and that she resents being asked to do that. Hilger stated it is big brother at its finest
and that she is not sure this is how people want to live.
Gail Blackstone,4465 Forest Lake Landing,stated she lives in the neighborhood where the incidents
occurred last summer and she did not feel disrupted at all during that period. Blackstone indicated she
was not aware of the previous public hearing that had been held but that she is concerned about the broad
expansion of the definition for private events. Blackstone stated anyone with extended family that lives
in the area,particularly those with children and siblings of those children,this could impact their holiday
parties and family get-togethers. Blackstone stated the ordinance has the potential to be unevenly applied
and in her view it is overreaching.
Walsh stated in his view the ordinance is too broad and difficult to enforce. Walsh stated the City does
not need more regulations. Walsh noted the City does have an ordinance on the books today but that the
City has had problems enforcing that. Walsh stated the City Attorney has said if you cannot enforce
certain regulations,you should get rid of them. Walsh noted no public comments were received at the
Planning Commission but that the Council has received some input on it tonight and it appears the City
Council is in agreement with those comments.
Seals moved,Crosby seconded,to table Application No. 17-3897,City of Orono,Text Amendment:
Special Events.
Printup commented the City has to be careful to not get into situations where there are a lot of loopholes.
Walsh stated he feels bad for the neighbors but the Council has to consider what is enforceable and what
is not. Walsh stated he wants to avoid unintended consequences.
Page 27 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
15. #17-3897 CITY OF ORONO TEXT AMENDMENT: SPECIAL EVENTS—Ordinance—
Tabled—Continued-
VOTE: Ayes 5,Nays 0.
Reeder asked what the City Council would like to see happen with the ordinance.
Walsh suggested the City Council discuss it at a future work session.
Seals stated the City Council should perhaps look at the current ordinance and ask whether it is worth
further debate. Seals stated this issue is causing disturbance to a neighborhood so the City Council does
not want to ignore it.
16. COMPREHENSIVE PLAN COMMUNITY COMMITTEES
Barnhart stated approximately one month ago Staff was authorized to advertise for volunteers to serve on
the Comprehensive Plan Community Committee. An advertisement was placed on the City's website and
Staff has collected a number of names. At this point there are 13 people that have indicated some interest
in being on the committee and Staff is concerned with the committee being much bigger than that.
Barnhart stated one possible option, if there are additional volunteers,would be to have a committee
comprised of residents and a committee comprised of board and commission volunteers.
Barnhart stated he is looking for authorization to appoint those people to the Comprehensive Plan Action
Committee. Staff would then work with them on the agendas for the public meetings and in their review
of individual chapters.
Seals asked what requirements the residents had to meet and whether there is a spread across the
community.
Barnhart indicated the residents submitted their name and interest. Barnhart stated the City will likely
have a separate Navarre group look at the Comprehensive Plan for that area. Barnhart commented the
committee helps build future Planning Commissioners,Park Commissioners, and City Council Members.
Walsh stated the names he put forward had some Comprehensive Plan experience and have lived in the
community for a while. Walsh noted there should be two council members appointed to the committee
and that he would be interested in being on it.
Crosby indicated he would be willing to serve on the committee.
Seals moved,Printup seconded,to appoint the members listed on Staff's memorandum dated
March 13,2017,to the 2040 Comprehensive Plan Project Advisory Committee,and to appoint
Mayor Walsh and Council Member Crosby to the Committee. VOTE: Ayes 5,Nays 0.
Page 28 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
17. CITY PLANNER RECRUITMENT
Barnhart stated he is looking for authorization to be able to move forward with the recruitment process of
a new city planner to replace the senior planner. Barnhart noted the pay grade for this position would be
lower than the senior planner position and that the money has been budgeted for 2017.
Printup commented he is good with moving forward on this. Printup noted under job description abilities
it states that the person should have an ability to be able to listen and understand information and ideas
presented through spoken words and sentences. Printup stated he hopes that that happens.
Reeder noted that language comes right out of the consultant study that the City had done approximately
two years ago. Reeder stated the language is very basic that is included to make sure there is not a
language barrier.
Printup stated he is satisfied with that explanation.
No public comments were received.
Seals noted she is on the organizational committee and that in her view it is good to have these items
phased in with some overlap in the planner position.
Crosby moved,Dankey seconded,to authorize the recruitment of a city planner. VOTE: Ayes 5,
Nays 0.
MAYOR/COUNCIL REPORT
Crosby and Printup stated they had nothing to report.
Seals stated the Orono Gala has opened and tickets are now available for the event.
Dankey noted the event has been sold out.
Seals stated she wanted to mention that while the Council meeting two weeks ago was challenging,ever
since then she has received a number of emails from residents that were very positive. Seals stated it is
great that more people are looking at Big Island and that in the end what will come of it will be good.
Walsh reported he attended the Park Commission meeting last week and that they had a discussion on
Saga Hill. Walsh stated he appreciates all the work the Park Commission is doing and that they now have
a group of alternates that have been appointed in addition to two new regular commissioners.
Walsh stated the Big Island Committee will be getting together in the near future. Walsh stated he would
like the committee to get together on Tuesday, April 11 at 3:00 p.m. There are cunently somewhere
between 17 and 20 people interested in being on the committee and the City is still taking applications.
Walsh stated some of the things that he would like the committee to discuss are ways in which to bring
more attention to the veterans and that perhaps erecting a Veterans memorial and history center on the
island could be explored. Walsh stated he would also like to form a task force within the committee to
compile a history of Big Island.
Page 29 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT—Continued-
Walsh stated if you look at the City's guidance plan, it says that they need to continually assess and
evaluate the City's current parks and options and the needs and desires of Orono residents and they need
to encourage civic involvement and partnership in developing and maintaining City parks. It further says
that Orono will organize groups to work with the public and nonprofit groups to fund the acquisition and
development of Orono's recreation and open space lands and facilities. Walsh stated this language is
already in there and that the City needs to embrace it since they have a lot of people who want to give
back.
Walsh stated one of the goals is to provide opportunities for service projects of mutual benefit to Big
Island Park and volunteer organizations and individuals. The guidance plan also talks about encouraging
volunteer opportunities and promoting volunteering and long-term community stewardship of the island.
Walsh stated a history center could be manned by veterans and they could show off various points of
interest on the island.
Walsh stated the guidance plan also talks about recognizing,acknowledging and embracing the special
relationship that America's military veterans have with the park property at Big Island and encourage
their use of the park in a manner consistent with the mission,vision and goals of the island. Walsh stated
putting together this committee is the first step and that they will make a difference.
18. RESOLUTION OF APPRECIATION TO JESSICA LOFTUS—RESOLUTION NO.6733
Walsh read the resolution being presented to Jessica Loftus acknowledging her more than six years of
dedicated service to the City of Orono.
Seals moved,Printup seconded,to adopt RESOLUTION NO.6733,a ResoluNon of Appreciation to
Jessica Loftus for More Than Six Years of Dedicated Service to the City of Orono. VOTE: Ayes 5,
Nays 0.
CITY ADMINISTRATOR'S REPORT
*19. CITY COUNCIL COMMITTEES UPDATE—RESOLUTION NO.6734
Printup moved,Seals seconded,to adopt RESOLUTION NO. 6734,a Resolution Amending
Resolution No. 6716,a Resolution Designating Selected Appointments. VOTE: Ayes 5,Nays 0.
*20. 2016 BUDGET ADNSTMENTS
Printup moved,Seals seconded,to approve amending the 2016 General Fund budget as presented
in Staft's memorandum dated March 13,2017. VOTE: Ayes 5,Nays 0.
Page 30 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
CITY ADMINISTRATOR'S REPORT—Continued-
*21. AGREEMENT FOR LEGAL SERVICES—PROSECUTION
Printup moved,Seals seconded,to authorize the Mayor and Interim City Administrator to execute
a 5-year agreement with Tallen& Baertschi to provide criminal prosecution services for the City of
Orono. VOTE: Ayes 5,Nays 0.
22. WEBSITE DESIGNER PROPOSALS
Reeder stated Staff has received three proposals for the redesign of the City's website.
Walsh stated the Communications Committee has talked with three groups about updating the City's
website. Walsh stated the high-end firms are likely out of the City's budget but that there were a couple
of local firms that have all the capabilities the City is looking for. Walsh stated the City needs a good
functional website that describes the things the City does, contains appropriate content, and highlights
everything the City is doing.
Walsh stated the City Council has three proposals before them and he would like the City Council to pick
one to get the process going.
Seals stated she met with Linnihan and Eleven. Seals stated Linnihan is great but that price-wise they are
not in the realm of what the City can spend. Seals stated she also is not quite ready to move forward with
West Lake since their proposal was basically what is found on their website. Seals stated there did not
appear to be much thought put into how they would take on the City as a client.
Seals suggested the Council direct Staff to have a discussion with Eleven and West Lake and to create a
list of the items that they would like to see on the ideal website. Seals noted she does not work in City
Hall and that she has not been receiving complaints about the website. Seals stated it appears that West
Lake is a good financial decision but that the City is tied into it for three years. Seals stated she would
feel better if those two entities would come in and talk to Staff,have Staff tell them what they would like
to see happen with the website, and then ask them to make one final proposal.
Walsh stated the City is not in a big hurry and that this item could be tabled so Staff can receive
additional feedback.
Crosby stated the companies' dealings with other cities would also be helpful to know as well.
Seals moved,Crosby seconded,to direct Staff to speak further with Eleven and West Lake Web
Works. VOTE: Ayes 5,Nays 0.
*23. CLAIMSBILLS
Printup moved,Seals seconded,to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
Page 31 of 32
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday March 13,2017
7:00 o'clock p.m.
CITY ATTORNEY'S REPORT
Mattick stated he had nothing to report.
ADJOURNMENT
Seals moved,Dankey seconded,to adjourn the Orono City Council meeting at 10:11 p.m. VOTE:
Ayes 5,Nays 0.
A EST:
�
%
nna Carison,City Clerk Dennis Walsh,Mayor
Page 32 of 32