HomeMy WebLinkAbout04-13-2015 Council MinutesMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMillan, Council Members Jim Cornick, Jr.,. Lizz Lcvang, and Dennis Walsh. Representing
Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Senior Planner Michael
Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young.
Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
Item Nos. 6, 9, 10, 13, 14, 14.5, 15, 18, 19, and 22 were added to the Consent Agenda.
Levang moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
*2. CITY COUNCIL WORK SESSION OF MARCH 23, 2015
Levang moved, Cornick seconded, to approve the minutes of the Orono City Council Work Session
of March 23, 2015, as submitted. VOTE: Ayes 4, Nays 0.
*3. REGULAR CITY COUNCIL MEETING OF MARCH 23, 2015
Levang moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of
March 23, 2015, as submitted. VOTE: Ayes 4, Nays 0.
PRESENTATION
4. ORONO POLICE DEPARTMENT ANNUAL REPORT
Chief Correy Farniok presented the 2014 Annual Report for the Orono Police Department to the City
Council. Farniok stated the Orono Police Department serves the Cities of Minnetonka Beach, Mound,
Orono, and Spring Park. The police department's organizational chart has not changed with the exception
of a slight change in the position of investigative sergeant. Sergeant Wittke has rotated out of that
position and Sergeant Scott Boris has assumed that position.
Farniok reviewed the calls for service received in 2014. Farniok indicated the total numbers are fairly
consistent, with Saturday night being the busiest. Priority one calls require emergency response. The
response time for those were all under five minutes, with a lot of the contract cities, including Spring Park
and Mound, being under four minutes. Farniok noted the largest number of calls are located in Mound,
followed by Orono, Spring Park, and Minnetonka Beach.
Farniok stated the highest number of crimes consist of thefts, primarily from motor vehicles, followed by
burglaries. Farniok noted the Police Department has sent out a crime alert about locking cars even if
making a very quick stop.
Page 1 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(4. ORONO POLICE DEPARTMENT ANNUAL REPORT continued)
The crime summary comparison shows a significant drop in some of the categories, such as burglaries
and homicides. Overall there was a 24 percent reduction in thefts, but it is still one of the highest volume
of calls.
One of the biggest complaints received in the City through dispatch is for traffic related incidents. In
2014 there were 96 DUls, 261 seatbelt violations, 29 use of wireless communications device, 763
speeding violations, and 272 traffic crashes, for a total of 2,421 citations being issued. The activity
summary for investigations includes 18 death investigations, 298 arrests, 52 assaults, 22 burglaries, and
21 criminal sexual incidents.
Farniok stated in 2014, 128 handgun permits were issued and there were 574 alarm calls, with 476 being
false alarms. Farniok stated the false alarms take up a significant amount of officer time, with 300 of
those calls being cancelled in route. In addition, there were 235 welfare checks and 129 vehicle lockouts
in 2014. The total calls amounted to 23,224, with 10,990 requiring a report or some form of follow-up.
Farniok noted there was one double fatality on Highway 12 as well as multiple serious injury accidents.
Since that time rumble strips have been installed on Highway 12 and there have been no additional cross-
over fatalities or accidents along the stretch of Highway 12 where the rumble strips were installed.
The Orono Police Department also performs tobacco checks and alcohol compliance checks.
Presentations on various topics included the Mound Head Start, the Halloween safety talk, the Mound
school bus safety talk, the Mound safety talk with district janitors, Mound driver's education to high
school students, and one forensic day. The Police Department also investigated a bomb threat at the
Orono Middle School. Farniok noted the Mound SRO confiscated one-half pound of marijuana off of an
offender selling to a non -student buyer in front of Grandview Middle School.
The Orono Police Department also has two members that serve on the West Metro Drug Task Force,
which is a combination task force with Hennepin County and the Cities of Medina, Independence, and
Maple Plain. Overall the Drug Task Force executed 97 search warrants in 2014 and performed 56 arrests.
In addition, 41 firearms were confiscated along with 98,483.85 grams of marijuana, 4,936.95 grams of
methamphetamines, 78.01 grams of cocaine, and 665.0 tablets of prescription drugs. Overall, the West
Metro Drug Task Force confiscated drugs with a street value of $3,525,412.75.
Council Member Levang asked if the police department anticipates more enforcement of distracted
driving.
Farniok stated the campaign targeting distracted driving starts tomorrow. Farniok indicated the Police
Department is seeing a lot more crossover traffic accidents and vehicular accidents as a result of the
driver being distracted. Farniok stated they are attempting to educate people to keep their eyes on the
road.
Levang asked if there will be a demonstration in Mound at the high school.
Farniok indicated that will be a mock crash and that a definitive date has not yet been set. Farniok noted a
mock crash was performed at the Orono High School last year prior to prom.
Page 2 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(4. ORONO POLICE DEPARTMENT ANNUAL REPORT continued)
McMillan thanked Police Chief Famiok and his officers for doing an excellent job.
PLANNING COMMISSION COMMENTS — JON SCHWINGLER, REPRESENTATIVE
None.
PUBLIC COMMENTS
Joe Stevens, Minnetrista, stated he was here two months ago and attempted to discuss water rights with
the City Council. Stevens indicated he would like to sit down with the Council at a future date and
discuss this issue to help remove perception and false misinformation and replace it with facts and
common sense.
Stevens stated he respects Council Member Cornick's position that this went through the process and that
there was an opportunity to speak then, but that Orono's pre -meeting agenda mentioned nothing about
banning and simply listed a Wellhead Protection Ordinance. Stevens noted that evening he attended
another Council meeting that was further away because he was not aware that the Orono Council would
be taking the action that they did.
Stevens stated he would welcome the chance to set the record straight and submit some useful
information that in his view the Council may be missing on this subject. Stevens stated he anticipates
having approximately a 10 -minute presentation, with the overall discussion being hopefully limited to
30 minutes.
Stevens stated in his view the League of Minnesota Cities is misleading the City Council and that they are
championing 368.01, Subd. 8 as well as 412.221, Subd. 11, that state Councils may provide and by
ordinance regulate the use of wells. Stevens stated the Council is very familiar with what the legal
definition of regulate means and that those two sections do not give the basis for the Council to ban wells.
Stevens stated he is well aware of the case that was cited by Attorney Mattick and that the case involved a
contaminated ground water problem, which was the sole reason that the water main was put in. Stevens
indicated the State of Minnesota was involved on the side of the township in that case, which basically
forced people to hook up to City water. Stevens noted there was a dissenting opinion in the case, with
one of the judges stating that it was unconstitutional and that the only people that will be harmed by using
their well water is themselves.
Stevens reiterated he would like to discuss this matter further with the City Council at a work session.
Jay Nygard, 1386 Rest Point Road, stated he is here to speak for a few minutes about what the City
Council is planning to do regarding wind turbines. Nygard indicated he is also here as a representative of
the Micro Wind Advisory Council, which is something that he started to help cities and encourage them
to accept wind turbines in the communities.
Page 3 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(PUBLIC COMMENTS continued)
Nygard stated first of all he would like to remind the Council that Orono's current land use plan under
Page 3B-17, Item 12, calls for the following: All landowners must have equal land use opportunities and
no landowner should be denied the right to develop his land, etc. Nygard stated equal rights for all is a
very basic principle but that the way this ordinance is being written is not even close at all. Nygard stated
the Council is limiting opportunities for wind turbines to approximately five percent of all Orono
properties and to three commercial properties, which not only violates the spirit of the policy but also
contradicts Judge Bush's ruling in Hennepin County. The ruling quotes the MN State Legislature, which
put into law in 1995 the idea that any person may harvest the wind. Nygard stated he is not sure what any
person means to the Council, but to him it means any person or every person. Nygard stated that happens
to be any person who lives in Minnesota since it is a Minnesota Statute.
Nygard stated to that end, City Staff has developed an ordinance which precludes him from harvesting the
wind many times over. The ordinance also prevents more than 95 percent of the residents within the
community from harvesting the wind, which is a state given right. Nygard stated the ordinance prevents
him from having a wind turbine for a number of reasons. First of all, the Council wants to require a
shadow flicker study. Nygard stated he finds it kind of ironic that City Staff has admitted that there is
nowhere local where someone can obtain a shadow flicker study but yet the Council is going to enact an
ordinance that would require people to comply with that.
In addition, Staff quoted a company out of Michigan as being able to provide a shadow flicker report.
Nygard stated he is not sure whether Staff has called that company, because when he called them, he was
informed that they had not done any of them for three years for small turbines and that they found out it
was pretty much a silly idea, which is why they went away from it. Nygard stated shadow flicker studies
are always done for large wind farms. Their shadow flicker report also focused on conventional three -
blade turbines that were over 15 hertz 82 percent of the time. Nygard stated what that means is that if it
is over 15 hertz, it is something the eye cannot register, and that as a result there could not be any shadow
or flicker 82 percent of the time, and that is if it is sunny and if the sun is located in the right position
Nygard stated in rare cases there have been health effects, which is basically for people with epilepsy.
Nygard stated his son happens to have auto -accident induced epilepsy and that he has stated publicly
many times that turbines do not bother him but that he complains that leaf blowers and lawnmowers tend
to mess with his head.
Nygard stated if the Orono City Council chooses to go ahead with this over -the -top requirement, the
German regulations, which are the international standard, should be followed. Nygard stated he has no
idea why the Council is completely ignoring them since most of those requirements are based in common
sense and real world effects.
Staff has also pulled out some articles that have been submitted to the Council. One is a shadow flicker
assessment of the Goodhue wind project. In that situation the study was looking at large wind farms,
which is what the Council was looking at when making up this ordinance. Nygard stated he is not sure
how that makes sense since there is nowhere in Orono where someone can put up a large wind farm.
In addition, Nygard stated the study says that sighting shall be to diminish shadowing or flickering, with
no specific limits being given, and that a person should avoid unreasonable adverse shadow flicker.
Page 4 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(PUBLIC COMMENTS continued)
Nygard noted the word there is unreasonable with no specific limits and that significant shadow flicker is
defined as more than 30 hours per year. Nygard stated the City Council is not accepting anything
anywhere that would allow even a shadow to fall on a blade of grass on the neighbor's property and that
the City Council is not interested in following these international standards.
Nygard stated the United Kingdom also did a wind turbine shadow flicker study, which found there have
not been extensive issues with shadow flicker in the U.K. The study also found that flicker caused by the
wind turbine rotation is such that it should not cause a significant health risk. Nygard questioned what the
Council could be basing the requirement for a shadow flicker report on if the turbines are not affecting the
health, safety or welfare of anybody.
The ordinance also requires ten acres residential and five acres commercial, which is only a small part of
the community. Nygard noted once you start looking at the restrictions, only four to five percent of the
properties in Orono might quality. Out of 50 lots looked at by Mr. Gaffron, only five or six could meet
the standards. Nygard stated Mr. Cornick stated he likes the ten acres because it simplifies things.
Nygard stated he is wondering whether that is how rights are apportioned out in Orono. Nygard reiterated
only three commercial lots would qualify for wind generation.
Nygard stated a friend of his, Brad Erickson, who owns 2.5 acres, is not going to be able to install a bunch
of these wind turbine light poles that he would like to install. In addition, the exclusion of the Shoreland
Overlay District eliminates over half to 60 to 70 percent of Orono. Nygard noted the wind is better near
the lakes and that proper sighting does not have to be 80 feet tall. Nygard stated sighting can be proper
and still be successful.
Nygard questioned what would happen if all cities and counties took this approach given the number of
lakes and wetlands that exist in Minnesota. Nygard also questioned where they would be if everybody
decided a person cannot have any by any lakes or swamps. Nygard stated those standards would not help
push forward the legislation passed by the Minnesota Legislature regarding renewable energy and fossil
fuels.
Nygard stated the ordinance also includes a 100 -foot setback, which is arbitrary and not based on
anything. The setback also eliminates the majority of the properties in the City. Nygard noted there are
many items throughout the City that are located closer to the property lines than they are tall, such as
basketball hoops, light poles and fences. Nygard questioned why they are legal next to a property line
and a turbine is not going to be.
Nygard stated there is such a thing called the destructive wind speed requirement and that all cities have
them. In Florida it is up to 170 miles in some spots and in Minnesota it is 90 miles per hour. Nygard
stated the reason for that requirement is to help ensure that structures are built to withstand those speeds
and are not going to go flying onto somebody else's property. Nygard indicated he is looking for a
solution instead of trying to restrict. Nygard stated the City Council should be looking for solutions
rather than trying to restrict.
The ordinance only allows one turbine per property and prohibits roof or wall mounted turbines because
the Council felt it was a bad idea. Nygard stated in his view that is not a good way to regulate things.
Page 5 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(PUBLIC COMMENTS continuer)
Nygard noted people are allowed to have antennas and satellite dishes attached to their homes but not
turbines. Nygard stated the Council might be eliminating one of the best possible locations for a turbine
and is not reasonable.
In addition, the ordinance also states that the system shall not be used for displaying advertising nor for
any other uses, including but limited to cell phone antennas, flags, ham radio antennas, etc. Nygard
questioned how many other things in this community are as restricted as wind turbines. Nygard stated it
makes no sense.
Nygard stated a client of his purchased a wind turbine and installed it on his cell phone tower, which
allowed him to remove his emergency gas generator. Nygard stated wind turbines are a renewable
solution to fossil fuels.
The ordinance also prohibits a wind turbine from being illuminated. Nygard stated the whole idea of a
hybrid light pole is to produce illumination and the Council is eliminating a product that he can sell in the
City. Nygard asked what health, safety or welfare has been documented showing they are protecting
someone with this restriction.
Nygard noted the ordinance also says that there cannot be any perceivable vibration at the property line.
Nygard stated he hears his neighbor's lawnmower and that sound does not stop at the property line. In
addition, he has neighbors' dogs that wake him up every morning at 6:30 and that he cannot get their bark
to stop at the property line. Nygard stated there are a number of things that go on in the City that affect
other people and that is what happens in communities.
The ordinance also contains arbitrary denial language that says if the City Administrator chooses to, she
can say no. Nygard stated he would like to know what engineering qualifications the City Administrator
has in order to be the person designated to decide that. Nygard stated if all else fails, the City
Administrator can just say no. Nygard stated the fact is that this proposed ordinance ignores the realities
concerning the engineering of wind turbines and applies a very simplistic and overbearing approach and
is, in effect, a de facto ban. Nygard stated the ordinance is unreasonable in many ways and restricts his
ability to sell these turbines to support his family by not allowing him to even have one on his property or
anyone else around him to have one.
Nygard noted Council Member Dennis Walsh stated the regulations have to be reasonable enough that
they allow the potential for someone to have one and not be in essence a de facto ban. Walsh also went
on to state that it is a de facto ban if a person cannot meet any of the conditions. Nygard noted he is
unable to meet five or six of the conditions. In addition, Council Member Walsh further stated that
whatever the Council does, it has to be defendable in court.
Nygard noted City Attorney Soren Mattick stated the more places the City allows them, the less likely it
is for the ordinance to be struck down. Nygard again questioned why the City Council is only allowing
them in five to seven percent of the community, especially if they are worried about legal issues. Nygard
stated his favorite statement from the City Attorney is that there are some things that spin and the Council
is okay with them. Nygard commented he is glad the Council has decided it is their job to decide what
spinning things are good for the residents.
Page 6 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(PUBLIC COMMENTS continued)
Nygard stated it is obvious to him, given the above statements and the extremely restrictive nature of the
proposed ordinance, that Orono has once again found a way to illegally control him while preparing to
continue any legal battle until the end of time. Nygard stated he would like the Council to ask themselves
when they have spent so much time and money on one issue. Nygard questioned why the Council
continues to have this battle unless the goal is to not have wind turbines in the City. Nygard stated the
way the ordinance is written is that the Mayor gets to have a wind turbine and he does not. Nygard stated
the Council should quit treating wind turbines like pornography where it has to be behind the counter to
sell and that wind turbines belong in the public eye for everyone to see.
Kendall Nygard, 1386 Rest Point Road, stated she is here to represent a gentleman that owns property in
Orono that is unable to be here this evening. Nygard indicated she is not going to go through all 17 points
contained in the affidavit but that she will provide a copy of the affidavit to the City Council. The
property is owned by Brad Erickson and is located at 2160 West Wayzata Boulevard.
Nygard stated Mr. Erickson is currently remodeling the buildings on the property for commercial use and
plans on using many green technologies during the remodeling efforts. Mr. Erickson has a plan for
installing eight to ten more hybrid light poles and there is already one on the property. Mr. Erickson
would like to use wind and solar power to offset his electrical needs. Nygard stated basically Orono's
ordinance would ban him from having any more than the one turbine that he currently has on the property
at the present time and that the ordinance is a de facto ban on wind turbines. The affidavit is dated
April 10, 2015.
Nygard questioned how much they will have to spend to deal with the wind turbines in Orono. Nygard
stated in the event the Council has not already read it, she is going to hand out the judge's ruling
concerning access to wind turbines and their rights as a Minnesotan property owner to access wind and
harvest it on their property.
PLANNING DEPARTMENT REPORT
5. #14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION
SYSTEMS (WECS) — FINAL REVIEW — ORDINANCE NO. 142
Senior Planner Gaffron noted this is the third time the City Council has reviewed the draft WECS
ordinance. At its March 23 meeting, the City Council voted 3 to 1 to make certain changes to the draft
ordinance, which include the following:
Change the minimum property boundary setback for SWECS in residential zones to 100 feet.
2. Change the maximum distance of SWECS from principal building in both residential and
commercial districts to 100 feet.
3. Make the commercial and industrial zones SWECS standards identical to residential, except
minimum lot size for commercial to be five acres instead of ten acres.
Page 7 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(5. #14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION
SYSTEMS (WECS) — FINAL REVIEW — ORDINANCE NO. 142 continued)
4. Pursuant to prior discussions, SWECS in commercial and industrial zones are to be a
conditional use. Not specifically discussed at the March 23 meeting but which needs to be
included is a listing of the commercial and industrial districts in which SWECS will be allowed.
The list includes B-1 Retail Sales; B-4 Office and Professional; B-6 Highway Commercial; B-6
PUD; and I Industrial. The B-2, B-3, and B-5 districts were excluded because each of these
districts is wholly located within the Shoreland where SWECS will not be allowed.
5. The Council chose to use shadow flicker text Option 4, which does not allow for shadow flicker
and requires a shadow flicker report as pari of any application for SWECS.
Staff recommends adoption of the ordinance and summary ordinance. Gaffron noted the Council also has
the option of publishing the full ordinance rather than the summary ordinance.
McMillan noted the City has been working on this ordinance for quite some time and that the Council has
asked for public comment on two separate occasions. McMillan stated from her point of view, she feels
pretty good with everything that is in the ordinance.
McMillan noted the Council has seen how wind turbines, whether intentionally or unintentionally, can
cause some disruption to some of the neighbors. McMillan stated the City has taken a lot of caution in
dealing with this issue. Currently the City has one wind turbine that has been installed illegally, and back
in 1999 the City had a request for a variance, which was denied because it was not in the City Code. In
that situation it was proposed the wind turbine would be 100 feet up in the air. McMillan noted the City
has not had a lot of requests for these and that the City would like to be cautious in what is allowed.
McMillan stated if wind turbines become more popular and more in demand, the City can re-examine the
ordinance but that the ordinance is patterned off of a lot of other neighboring cities' ordinances as it
concerns vibration and some of the other issues.
Gaffron stated many of the elements of the ordinance appear in many other cities' ordinances regarding
WECS.
McMillan stated as it relates to the shadow flicker, she possibly would be okay with removing that from
the ordinance. McMillan stated in her view Mr. Nygard has made some good points about the shadow
flicker report and that the ordinance contains adequate setbacks where a shadow flicker report might not
be needed at this point. McMillan stated the Council has wrestled with the idea of a shadow flicker report
and that if the other Council Members feel it is too onerous with someone obtaining a report, she would
be okay with striking out or changing the language so a report would not be required.
Levang stated the City Council and Planning Commission have spent a considerable amount of time
vetting this ordinance and have done an enormous amount of research. Levang stated in her view the
conclusions the Council has come to are very firm and that she is comfortable with those conclusions.
Levang noted the Council has also wrestled with the setback from the lot line and whether it should be
100 feet or 300 feet. Levang pointed out that many wind turbines are 45 feet tall or the height of a
telephone pole. Levang stated the residents can be comfortable knowing that this Council does not want
someone to have a 45 -foot element staring them in the face.
Page 8 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(5. #f14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION
SYSTEMS (WECS) — FINAL REVIEW — ORDINANCE NO. 142 continued)
Levang stated to see a structure 45 feet in the air would be very obvious to anyone driving down the street
or in their neighborhood and that the Council is very careful about the unintended consequences of these
structures.
Levang stated the shadow flicker issue is a difficult issue since it is not so easy to measure or obtain a
report, and that she would want to keep that requirement but perhaps change the language to make it
easier to obtain. Levang indicated she feels comfortable with the ordinance that they have and that the
Council has not knee jerked on this ordinance but has been very thoughtful and careful with the
ordinance.
Council Member Cornick stated in regards to the shadow flicker report, he is in agreement with the
Mayor and that it might be something that cannot be measured accurately. Cornick stated after studying
this issue for quite a while, he had an afterthought after reading the maintenance portion. Cornick asked
if it would be wise to include the requirement for an annual or biannual inspection to ensure compliance.
Cornick noted the City inspects kennels and septic systems, and that in his view this might be something
that would need to be inspected.
Gaffron stated under the existing language, SWECS shall be maintained under agreement or contract with
the manufacturer or other qualified entity. Gaffron stated the question is what kind of things would Staff
be expected to inspect. Gaffron indicated he is not sure if Staff is qualified to perform that inspection.
Cornick asked if it is something that could be subcontracted by the City.
Gaffron stated that is possible and that it probably would be easier than finding someone to do a shadow
flicker report.
Cornick stated his concern is with someone that has a turbine up for five years and it goes through a
tornado or a wind storm and it is damaged. Cornick asked how the City would become aware of a
situation like that. Cornick stated the owner could leave it in a damaged condition and it will eventually
become a rusty hulk. Cornick stated in his view it cries out for some sort of inspection, whether it is
annual or biannual.
Gaffron stated he does not have any specific thoughts on that but that Staff could look at what it would
cost to perform that annual inspection.
McMillan stated on commercial properties it will likely be a liability issue since there likely will be
people walking around and that the business owner would want to ensure those customers are safe.
Gaffron stated another option that is required for certain types of septic systems is that the homeowner
has a contract for maintenance and that they are required to report to the City on a regular basis. Gaffron
stated if the intent is to have an inspection by a qualified person, the City could require that the report be
turned in on a regular basis, which would provide information on the status of the wind turbine.
Cornick stated he would prefer to stick with an already current type of process rather than going through a
special process. Cornick stated he likes the option suggested by Mr. Gaffron.
Page 9 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(5. #14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION
SYSTEMS (WECS) — FINAL REVIEW — ORDINANCE NO.142 continued)
Levang stated that seems rather straight forward and that the City currently requires a homeowner every
so often to demonstrate that they have had their septic system pumped.
Gaffron stated there are also specific systems that require regular maintenance and that the requirement
helps to ensure the homeowner keeps the contract in effect and reports to the City or has their contractor
report to the City.
Council Member Walsh stated in his view the inspection is a great idea. Walsh stated he is glad the
Council has reached this point and that the Council probably overreached previously by banning turbines.
Walsh stated he agrees with the Mayor and Council Member Cornick that unless it is measurable, it
probably should not be there since the City will likely always have to deal with it if someone challenges
it.
Walsh stated in his view a minimum of ten acres is an overreach and that he is not in agreement with that
requirement. Walsh indicated he likes the idea about the maintenance issue and that perhaps every couple
of years the property owner could get an engineer to inspect the system to ensure that everything is in
order. Walsh stated the one big thing that is overreaching is the ten acres and that in his view five acres
would be more prudent and defensible whether it is in court or explaining the ordinance to somebody.
McMillan asked if the Council would like to craft some maintenance language right now so a vote can be
taken on the ordinance tonight.
Levang asked if it would be best to include that language under Item 4(a)(3). Gaffron stated in his view
that is the correct place and that the current language reads as follows: Maintenance, SWECS shall be
maintained under an agreement or contract by the manufacturer or other qualified entity, and that they
could add language to the effect that the property owner shall annually submit an inspection report every
two years by a qualified professional regarding the status of the SWECS.
Walsh asked if an inspection should be every year or every two years. Walsh suggested it say qualified
licensed professional.
Gaffron stated he cannot point to a standard to provide a recommendation on how often the inspection
should be done.
McMillan stated she would say every two years.
Walsh stated in his view every year would be too much.
Cornick indicated he is okay with two years.
Gaffron stated the language could say the property owner shall submit an inspection report every two
years by a qualified licensed professional to inspect and report on the status of the WECS system.
Walsh stated he agrees with all the other premises of the ordinance except for the ten acres since it will be
hard to defend.
Page 10 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(5. #14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION
SYSTEMS (WECS) — FINAL REVIEW — ORDINANCE NO. 142 continued)
McMillan stated in her mind the residential impacts would be huge if the land requirement was reduced to
five acres.
Levang moved, Cornick seconded, to adopt ORDINANCE NO. 142, Third Series, an Ordinance
Amending Orono Municipal Zoning Code Section 78-1379 Regarding Wind Energy Conversion
Systems, with the addition of the language regarding inspections and removal of the shadow flicker
report requirement. VOTE: Ayes 3, Nays 1, Walsh Opposed.
Levang moved, Walsh seconded, to adopt SUMMARY ORDINANCE NO. 143, Third Series, an
Ordinance Amending Orono Municipal Zoning Code Section 78-1379 Regarding Wind Energy
Conversion Systems. VOTE: Ayes 4, Nays 0.
*6. #14-3685 WILLI ABBOTT ON BEHALF OF THE BOARDWAY GROUP, LLC — PLAT
OLIVER HILL
Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6489, a Resolution Denying an
Amendment of the RPUD Agreement for the Plat of Oliver Hill. VOTE: Ayes 4, Nays 0.
7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE
Gaffron stated the applicants in August, 2014, requested an amendment to the Community Management
Plan to re -guide the property to allow for multi -family residential development where the current guide
plan is for single-family residential use at a density of two to three units per acre. The revised proposed
use of the site is four twinhomes or eight dwelling units, which would require a subdivision and
concurrent rezoning to Residential Planned Unit Development District. Recent discussions with the City
Attorney suggest that a Community Management Plan amendment should not be required.
The Planning Commission reviewed the proposed rezoning at its March 16 meeting and voted 5-1 to
recommend denial of the application. Staff believes that for a variety of reasons the proposed
development of four twinhomes has the potential to have less impact on the site and the neighborhood
than a development of three to four single-family homes.
Staff also believes that given the commercial/mixed use potential for the abutting property to the
immediate east along Shadywood Road, the site is more conducive to twinhome use rather than for
single-family use. Staff recommends that the Council grant conceptual approval for a rezoning to RPUD
to allow the proposed twinhome development, with such rezoning to occur in conjunction with
completion of a formal RPUD development review process.
The Planning Commission memo is included in the Council packet. Gaffron stated the Planning
Commission has spent considerable time reviewing this application, both as a sketch plan and as a
proposed rezoning. There have been many public comments received. There are also members of the
public at tonight's meeting to provide comment.
Page 11 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, ApA 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
The applicants have also provided additional information regarding the layout, the style, and the amenities
of the proposed twinhome project. Development of the site as an RPUD allows a level of restrictions on
the site development that would not be possible under a standard zoning scenario, which is one of the
reasons Staff feels this may be an appropriate use for this site.
The Public Works Department is proceeding toward eliminating constrictions in the neighborhood
drainage system to minimize or eliminate flooding along Kelly Avenue. Any development of this site
will have to meet the provisions of the Surface Water Management Plan with regards to flood prevention,
including but not limited to allowing no increase from pre -development peak rates of discharge.
The City Engineer has submitted standard trip generation data which indicated an estimated total of 72
trips per weekday for this eight unit development. This translates to nine trips per day per dwelling unit.
Staff would expect that this is similar to the traffic generation for single-family dwellings. The number of
existing residences served by Kelly Avenue likely includes homes on Carman Road, Lydiard Avenue and
Circle, Pence Lane and Walters Port Lane, totaling 66 dwellings. The addition of eight dwelling units is
not expected by Staff to have an appreciable effect on traffic in the neighborhood.
The proposed twinhomes, according to the developer, will have an average valuation of approximately
$500,000. A review of taxable market values in the neighborhood per Hennepin County valuations
indicates that the four existing twinhomes at the north end of Kelly have an average value of $335,000,
the 12 lakeshore homes on Kelly Avenue have an average value of $1,500,000, the 15 non-lakeshore
homes on Kelly/Lydiard. The City Assessor has indicated that in his opinion the addition on twinhomes
in the $500,000 range will likely increase the value of this neighborhood and will not negatively impact
the value of the lakeshore properties.
If three or four single-family homes are developed via a standard plat at this site, they likely will require
two driveway entrances off Kelly. This would also reduce the likelihood of future access to Shadywood
Road, which would allow the Kelly access to be eliminated.
In order to gain enough acreage for a four lot single-family standard plat, the applicants would have to
either acquire acreage from the adjacent parcel abutting Shadywood or be successful in having the
Flowage and Conservation Easement revised to include just the delineated wetland.
The ability to direct and control site grading and tree removals with a RPUD development is much greater
when working with a single developer as compared to the scenario of four single-family homes being
built by potentially four different builders at four different times.
RPUD development that creates individual building pads and open space outlots can provide better
control of common spaces via homeowners association oversight as well as limitations on accessory
structures that would not be possible under a standard single-family plat.
Staff recommends the Council grant conceptual approval so the developer can go ahead with a proposal
and make application for a rezoning to RPUD to allow the proposed twinhome development, with such
rezoning to occur in conjunction with completion of a formal RPUD development review process.
Page 12 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. ##14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
If Council determines that the rezoning should be allowed, Staff would suggest the following conditions
specific to this site be incorporated into any final development plan approvals:
1. The landscape plan must provide a substantial coniferous planting plan along the southwesterly
side of the new twinhome structures.
2. The twinhome structures shall be located no closer than 40 feet to the northeast property line and
the private drive shall be located no closer than 20 feet to the northeast property line to allow for
a buffer between the twinhomes and future commercial/mixed use development on the adjacent
Shadywood property.
The final development plan should preserve to the greatest extent possible all existing mature
trees and underbrush on the property and maintain all undisturbed land not approved for site
grading and improvements in its natural state.
4. The development shall be prohibited from any type of subdivision entry way signage on Kelly
Avenue except for an approved private street name sign.
5. The dead end turn -a -rounds design at the end of the private street shall be subject to final design
approval of the fire chief.
6. If a reduced private street improvement width is proposed and approved for less than the standard
28 feet minimum, and which includes available off-street bump out visitor parking areas, then on -
street parallel parking shall be installed and maintained by the homeowner association if needed
to assure full access to all dwellings by emergency personnel.
7. All pertinent requirements of the Orono Subdivision Code and RPUD District standards shall be
adhered to during the development review and approval process. Particular attention shall be
paid to stormwater management within the development site to ensure the development does not
have negative impacts downstream.
Gaffron stated the Council has the option of either making a motion to conceptually approve rezoning to
RPUD subject to successful completion of the RPUD review and approval process, making a motion to
direct Staff to draft a resolution for denial of the rezoning to RPUD, or making a motion to table the
application.
Tom Wasmoen, Applicant, stated they have been working to develop a proper development for this site
and that they have listened to concerns that have been voiced. Wasmoen stated in his view Mr.
Gaffron has done some of the labor on addressing a few of the issues tonight, but that he would like to
make sure that everyone has a chance to walk through what they are thinking of for this site.
Wasmoen stated Navarre is a beautiful small town that is nestled between several lakes and that they love
the beauty of the area along with its natural components. Wasmoen indicated he is not here tonight to
argue the fact that the neighbors love their community, but that they are here to help their client take some
advantage of that.
Page 13 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
Wasmoen displayed some photographs of the site. Wasmoen indicated he took these photographs last fall
after the trees had lost their leaves. Wasmoen stated he wanted to make sure they addressed the visibility
on the high side of the site and illustrate what is and is not visible from Kelly Avenue. Wasmoen stated
as you look down slope towards the lake lots, there is vegetation that exists within the conservation zones
and the wetlands as well as vegetation within the lots that would pretty much blocks the view lines of the
units from Kelly Avenue. Wasmoen stated he would like to make sure that everyone understands that
they have walked the site and in their view the visual impact of the development will be minimized.
Wasmoen indicated the other piece that he would like to show is a project that was done in Wayzata that
has a twinhome model that is very much the same as what they are proposing. Wasmoen indicated they
can buffer the homes on the lakeside and the uphill side if they have a need to with appropriate
landscaping. Wasmoen stated the photographs demonstrate the type of product they are proposing, with
the units being in the $500,000 to $600,000 range per unit, which is in keeping with the upper end that the
neighborhood is looking for. Wasmoen noted they are only at the conceptual stage right now and the
house elevations and building/unit variety can be further refined as they move through this process.
Wasmoen stated in their view they felt it would be appropriate to provide a conceptual layout of four
residential homes consisting of 4,000 square feet with two separate driveways off of Kelly. Wasmoen
stated because the homes would orient towards Kelly, a lot of retaining wall would need to be done to
make the driveways. Wasmoen stated assuming the owners would want rear yards, there would also be
additional retaining walls required.
Wasmoen stated what they are presenting tonight is an option to the four residential homes and would
consist of four twinhome buildings with a single access off of Kelly and shared driveways. Wasmoen
indicated they would be staying out of the existing conservation zone, out of the wetland area, and
anything growing within that zone would be protected during the construction process. The sketch shows
the green buffer that would be retained throughout the process.
Wasmoen noted Staff alluded to the fact that if this area is developed, they could potentially come off of
Shadywood Road with a shared access. Wasmoen stated if that becomes the case, they could eliminate
the driveway portion potentially down to Kelly Avenue.
Wasmoen displayed a twinhome floor plan. The first floor is designed for the restricted age client in
mind and would consist of a living room, dining room, kitchen/great room space, a master bedroom suite,
and room for a den or office. There would also be a staircase going down to the lower level consisting of
approximately 1,500 square feet that could either be finished or unfinished. The garage is approximately
660 square feet with ample room for a workshop or storage space. Wasmoen stated these units are a very
popular approach to restricted age twinhomes throughout the country.
Wasmoen stated they are attempting to show that they are looking to build twinhomes that are of the
quality of the existing lake homes that people are looking for that want to stay in the community or move
here. Wasmoen stated currently those existing options are limited and that they are providing a choice to
people. The units would also have hardwood floors, custom cabinetry, luxurious master suites, and other
amenities that would be found in lake homes.
Page 14 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. ##14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
Wasmoen noted with four single-family residential homes, there would be a large footprint for each home
and more clear -cutting in order to make them work. There would also be more impervious surface that
would contribute to runoff that would have to be controlled. Because each lot would be developed
individually, the ability to do an overall stormwater management would be lost. Each one of the
residential homes would likely be between 8,000 to 10,000 square feet. Wasmoen stated the twinhomes
would have less of a sight impact, preserves more trees and privacy from Kelly Avenue and more units to
help the local economy. The units would be 1,500 square feet on the first floor and 1,500 square feet on
the lower level, for a total of 3,000 square feet, with 660 square feet for the parking.
Wasmoen stated the project they are proposing falls within what the Comprehensive Plan talks about for
the area, which is guided for two to three units per acre. Wasmoen noted they are on the low side with the
eight units. Wasmoen indicated he has also included some conceptual elevations of what the units would
look like and depicts a couple of options for material colors. Wasmoen indicated they would be looking
at doing some variety with the four units to help create their own personality. Overall the design would
be very eco -friendly and high efficiency. Wasmoen stated he is attempting to convey the level of quality
that would go into the twinhomes.
Wasmoen noted Staff has also addressed some of the issues with flooding and traffic in the area and that
they have listened to the neighbors' concerns regarding those issues. Wasmoen stated in their view their
water management system will not add to the downstream accumulation of water and that there will be
rain gardens constructed as well as pretreatment and control of the runoff as part of the project. Wasmoen
noted there would be less impervious surface with the twinhome concept versus the four single-family
residential homes. Wasmoen stated the age restrictive nature of the project would also potentially make
the number of trips per day less than what would be experienced with the four residential homes.
Walsh asked if there are any particular plans for the adjoining property. Walsh asked if Mr. Wasmoen
would be able to guarantee the access off of Shadywood.
Wasmoen stated if the other property gets developed, they would work towards that. Wasmoen stated
until the development happens, it is a potential, and that if they developed it, it would be a connection that
they would make.
Walsh asked if he is speaking as the developer or the owner.
Wasmoen stated he is talking about future development of the property and that it would be the
development team.
McMillan asked how many stories they are proposing.
Wasmoen stated what they are proposing is a one-story with a walkout. Wasmoen noted there are dormer
windows near the top and that they have not gotten to the final design of the units. Wasmoen indicated
they are showing the worst case scenario in working with the grading on the site. If the slope was real
steep, it is likely they would end up with a full walkout and that looking from Kelly Avenue the building
would have the appearance of a two-story and the other side would be one story.
Page 15 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
McMillan asked how big the garage stalls would be.
Wasmoen indicated there would be two garage stalls with room for guest parking in the driveway.
Wasmoen stated they are also providing some visitor parking bump -out areas along the street as well as a
hammerhead for emergency vehicle turn around.
McMillan noted they are looking at a 4,000 square foot perimeter for the building.
Walsh stated he is not a residential developer, but that when he attended the intergeneration forum, they
talked about there not being enough housing for older people. Walsh stated his perspective on that was
that they were going to one -level living and not moving to multi-level housing.
Wasmoen indicated he is speaking about 55 -plus and not seniors. Wasmoen stated people that age are
still very active but the kids are out of the house and that they are presenting the opportunity to have
single -level living. Wasmoen indicated he has friends in their 60s who have a similar model and
downstairs they have a craft room, a guest bedroom, and a big TV room. Wasmoen stated everything
someone would need is on the main level and that they are very popular.
McMillan noted the Stone Bay development has something similar, but that she is not aware of how they
compare size -wise to what is being proposed here.
Gaffron stated in Stone Bay they would be looking at 26 x 30 wide by as much as 40 to 60 feet deep, with
two levels and a double garage. Gaffron stated they would be approximately 1,000 square feet per level
not including the garage.
Cornick stated he would be curious to hear his response to the coolie cutter issue raised during the
Planning Commission.
Wasmoen stated they have brown brick and siding scheme and then a gray scheme. Wasmoen noted they
have not designed every unit at this point, but that there would be changes between each building so each
unit will not look the same.
Cornick asked whether the units would all have the same footprint.
Wasmoen stated they would basically have the same footprint but that there would be some variations
between the units.
Walsh stated he is aware there was an open house or gathering with the neighbors and that at the end of it
the neighbors were told they would construct single-family housing and then at the Planning Commission
they presented a different plan.
Wasmoen stated there was a lot of back and forth at that meeting, and at the end Mr. Bessesen said they
hear what the neighbors are saying and that they would like to do what the neighbors would like them to
do.
Page 16 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
Wasmoen stated the issue was not that Mr. Bessesen was lying but that it was kind of closing out the
evening, emotions were high, and in the end the landowner said that is not what he wants to do.
Wasmoen stated the City has also encouraged them to look at this as a transitional property.
McMillan stated in her view there is some market potential for what is being proposed, but that she is
struggling with the size of the buildings and the massive visual look that will have. McMillan stated she
is not excited about either the residential or the twinhome option. McMillan stated at the
intergenerational forum as well as other times she hears a lot of talk about how people want small houses
and that they do not want a townhouse. McMillan stated people have said they want a very efficient,
smaller sized home that is below $700,000. McMillan stated in her view there is a huge demand for that.
McMillan stated she does not know if this is the right site for twinhomes, but that she does have a concern
with having four massive building sites on this site. McMillan stated this might be an opportunity to
construct some smaller sized homes that would have a lower impact.
Wasmoen stated their very first proposal was for a townhome with more units but it was spread over the
entire site with smaller footprints. Wasmoen stated this unit can be narrowed and reduced in size but that
they are working with where the market is for the single -floor living area.
McMillan stated the City Council has to be concerned with the long-term value of a development and that
the City is getting an enormous amount of single-family homes above $700.,000 on two acre lots as well
as smaller lots. McMillan stated she is having more and more people telling her they would like to
downsize to a smaller sized house that is new rather than fix up an existing house. At the same time the
Metropolitan Council is telling Orono they would like three units per acre for sewer. McMillan stated the
natural areas and wetlands limit that density, but if Orono is going to use sewer, they have to have higher
density, which is the new reality. McMillan noted the Metropolitan Council does not have two acre lots
in their planning anymore and are requiring three units per acre whenever possible.
McMillan stated back in the 1970s, the Metropolitan Council had projected Orono as having a population
of 37,000 if Orono was going to be sewered. Orono now has 7,700 residents. The Council decided to go
with two acre and private septic. McMillan stated if you invite sewer in, it invites density, and that she
has been hearing more and more people say they do not like living with septic systems and that they
would prefer city sewer. McMillan stated the City has to figure out how to do it smartly.
Wasmoen stated another option would be a staggered unit, which would break up the mass. Wasmoen
indicated they will study the footprint size and see whether staggering will help. Wasmoen stated they are
interested in creating something that everyone will be proud of.
Levang stated she is very concerned about the integrity of the neighborhood and that she does not feel
high density belongs in this corridor. Levang stated in her view it belongs on County Road 19 but not on
Kelly Avenue. Levang stated she would like to see a plan with single-family homes that have a smaller
than 4,000 square footprint. Levang stated she would also like to see something that is more affordable as
well as exceptionable and that this is an opportunity for him to come to the community with something
that is exceptionable and outstanding.
Page 27 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
Levang stated she would like them to retain the wonderful qualities of the site and the rural character of
the neighborhood. Levang stated she is opposed to the townhouse concept and that they could look at a
cottage concept.
Wasmoen stated he appreciates all those comments and that they are willing to work with the contractor
to protect the existing foliage on the site. Wasmoen stated the areas would be protected with hurricane
fencing and that there should be plenty of room for staging during the construction process. Wasmoen
stated they have no adversity to staggering the units and possibly reducing the size of the units.
McMillan stated under a PRD, they would be able to construct smaller footprint homes and keep the
conservation easement. McMillan stated the Locust Hills development is an example of that. McMillan
stated people who want to downsize do not want to have to do a lot of yard work and that she personally
likes the cottage concept.
Wasmoen stated their first concept plan was similar to that, and once that was shot down, they went in L
different direction. '
McMillan stated the Council is looking at three acres of buildable and that she does not remember exactly
what the other concept plan depicted. McMillan stated she would like the discussion to be open and for
the developer to explore all options for this site. McMillan stated she has a concern with the large
buildings and that the neighbors are also reacting to the institutional look of a twinhome development.
Wasmoen asked if there can be eight units on the site.
McMillan stated she is not able to say that at this point and that she is not sure exactly how much dry
buildable land is available.
Wasmoen stated the darker piece on the overhead is the wetland area and that there is approximately four
acres that is dry land.
McMillan stated there are also road issues that will have to be addressed.
Wasmoen indicated they are thinking of making the development as pedestrian oriented as possible, and
that if they are able to do the Shadywood connection, that would be a fairly flat area. Wasmoen stated
they unfortunately are limited in their ability to make the Shadywood connection at this point.
McMillan encouraged the applicants to take another look at other options.
Walsh stated in his view this is a great neighborhood and that he purchased a house that was more family
oriented. Walsh stated he knows when he has a commercial building next to residential, they do not want
anything to do with each other and that there needs to be bushes and fences hiding it. Walsh stated
having a road going through a commercial area might not be ideal for residential either.
Cornick stated there seems to be a total disconnect between the developer and the neighbors as far as what
information is being presented to them. Cornick stated if the applicant is ever going to be successful with
this project, they will have to regain the confidence of the neighbors.
Page 18 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. ##14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
Cornick stated the Council has also received information that appears to be disconnected. Cornick stated
the neighbors do not believe the comments about the size of the house and the number of homes. Cornick
stated in his view the applicant needs to sit down and gain the confidence of the residents on Kelly
Avenue and the surrounding neighborhood.
McMillan stated she would like the Council to provide as much feedback as possible on this application
and then have the neighbors provide input. McMillan asked if the applicant would like the application to
be tabled.
Wasmoen stated he has been working with Mike Gaffron and that they have been taking direction from
Staff in regards to the development. Wasmoen stated the past Community Development Director
encouraged them to have the neighborhood meeting and that he ended up not attending.
McMillan stated she would like to apologize for that and it was an unfortunate miscommunication.
Wasmoen stated they have been taking direction from Staff on this development and that he is not trying
to force anybody to do anything. Wasmoen stated he is attempting to come up with a scenario that best
works for this site with the least amount of disruption.
John Bessesen stated he does have a developer who would like to construct the four single-family homes.
Bessesen indicated he did talk to Mike Gaffron, who indicated that in his view there can only be three
homes built, which would create a hardship. Bessesen stated they have discussed removing the
conservation easement and that he has spent quite a bit of money delineating the site. The other
delineation was completed in 1981 and was eyeballed. Bessesen stated they are going to pursue deleting
the conservation easement and then come in with four single-family homes.
Bessesen stated it has taken them too long to get to where we are, but that they felt the twinhome project
would be successful. Bessesen indicated the first level has to be big enough for a large master bedroom, a
family room and a kitchen. The basement does not have to exist since it will primarily be for guests.
Bessesen indicated their plan was somewhat modeled after Wake Cliff. Mound also has some houses that
sit right on the water that look cute with no parking and no driveway. Bessesen stated he did not believe
those homes would sell but that they have all been sold.
Bessesen indicated they can sell these lots and that they just have to figure out how to create four lots. If
the lots are sold, they would not be able to control how big the homes will be. Bessesen indicated they
have to be able to get their money out of the site if they are going to build on it. Bessesen stated they
really felt a twinhome project would be workable, but a twinhome development costs a lot of money since
there has to be a homeowners association and other documents created. Bessesen stated he thought the
neighborhood would like the twinhome concept.
Bessesen indicated they will be pursuing commercial on the other site and that they will probably line up
the driveway for that property directly with the driveway for the Freshwater Biological Institute.
Bessesen indicated if apartments are constructed on that site, a stoplight will be needed at that corner and
that they would tie the church in, which would be a way to slow the traffic down at the intersection.
Bessesen stated if this site has to be sold off as single-family homes, he would like to start the next
development on the other side of the hill.
Page 29 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
McMillan asked if he has thought about doing the projects together.
Bessesen stated the property was split off years ago and the development was never pursued. The
Delaney's did receive permission from the Planning Commission to construct duplexes and a single-
family home but they never went before the City Council to finalize it. Bessesen stated the townhomes
cannot be built behind the bowling alley.
McMillan asked if he is aware of what the square footage is of the homes in Wake Cliff.
Bessesen indicated he does not. Bessesen indicated he would like to provide a service for the people in
the community who would like to stay in this area. Bessesen indicated he needs to build as many units as
possible on the site in order to recoup his costs. Bessesen stated if the Council is not agreeable to the
twinhome concept, he would like to sell the land to the contractor that will construct four residential
homes on the site.
McMillan indicated she would not mind clustering the homes as long as the houses do not get too big,
which would help to preserve some of the trees. McMillan stated if they are not comfortable building
smaller homes that could be a problem, but that they need to work something out on paper.
McMillan indicated she will now open the meeting up to public comment. McMillan noted the City
Council has read the neighbors' e-mails that were submitted to the City as well as the comments that were
made at the Planning Commission meeting.
Judy Fredrickson, 2507 Kelley Avenue, stated she is here tonight to speak on behalf of a number of
neighbors that were unable to be here tonight. Fredrickson noted the Planning Commission did vote to
deny this project and that the neighbors are here tonight asking that the City Council respect that decision.
Fredrickson stated she appreciates the tone of the Council's questions to the applicant and that this issue
is very important to the neighbors.
Fredrickson stated she did not expect there to be a recommendation by Staff in favor of the twinhome
development. Fredrickson stated in a nutshell it comes down to the fact that the neighbors want the City
Council to know that they respect the right of Mr. Delaney to develop this property but that they would
like it to stay within the current zoning on the property. The neighbors do not feel that one property
owner should have the ability to negatively impact everyone around him. In all of this process through all
of these months there has not been one neighbor who has stood up and said please do this project.
Fredrickson noted Mr. Delaney has not appeared at any of the meetings or offered to meet with any of the
neighbors about his proposal.
Fredrickson stated the neighbors would like the City Council to deny the request for the following
reasons:
The City Council should protect the integrity and character of the neighborhood. Kelly Avenue and
Carmen Road is a special neighborhood that has a uniqueness that is not found in other parts of
Navarre/Minnetonka.
Page 20 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
In addition, Lydiard Court and Lydiard Street have older single-family homes
set back from the street with large established trees, large yards, and are within walking distance to the
public beach on Lake Minnetonka. In addition, there is a large number of wildlife found in the area,
significant green space, wetlands, and close proximity to the lake. Fredrickson noted it is a quiet, serene
neighborhood by the lake, which they would like to see preserved.
Fredrickson stated the twinhome project as proposed also is in stark contrast to the well-established look
and feel of the neighborhood and the single-family dwellings all around it. Fredrickson stated the
neighbors are simply asking the developer to build single-family homes and that they are begging the City
Council to vote against the twinhome proposal tonight, which will allow this developer and landowner to
come up with appropriate single-family options. Fredrickson stated the neighbors are tired of having to
come here.
Fredrickson stated she and the other residents do not want their town to look like the mistakes being made
in Wayzata. Orono is not known to be easy to work with and are very tough at sticking with the
guidelines. Fredrickson stated what the neighbors are asking is that the Council stick with their
obligations and duty to keep this a beautiful place since they are responsible for protecting the look and
feel of this area. Fredrickson stated high density belongs in certain places and that they are saying this
particular lot, this steep wooded lot, is not the right place for it.
Fredrickson noted the Community Management Plan says this land is currently zoned LR -1B, one family
lakeshore residential district, which permits residential use with a minimum lot size of one acre per dry
buildable acre and 140 -foot lot widths. This property has 3.0 dry buildable acres and is therefore zoned
for three one -acre single-family homes.
Fredrickson stated if the Council is going to approve this development, they would have to ignore the
following suggested guidelines, minimum requirements, and zoning laws:
1. The residential areas of urban Orono are primarily suitable for single-family development.
2. A wider range of housing types will be provided by planned residential developments of attached
townhomes. These clusters or multiple family developments will be acceptable only where full
urban services are available and only where the proposed density is compatible with the
neighborhood and with the local environmental constraints.
Multi -family developments will generally not be considered appropriate for lands within 1,000
feet of Lake Minnetonka. Fredrickson noted this property is located 450 feet from Lake
Minnetonka. Multi -family developments are also not appropriate for areas that have limited
public transportation access to outside employment and shopping facilities.
4. In addition, County Road 15, particularly in Navarre, is far over capacity. It is not practical from
an economical or environmental standpoint to expand County Road 15 to increase its capacity.
Therefore, additional housing options will be primarily developed along the Highway 12 corridor
in specifically identified areas that are or will be served by urban services.
Page 21 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued
Fredrickson stated the City Council needs to understand that this twinhome development is but a small
first step to a much larger development that Mr. Delaney would like to move forward on. Fredrickson
stated Mr. Delaney would like to construct a commercial area as well as a 60 -unit condominium project
along Shadywood Road just behind this lot. Due to the poor traffic conditions that already exist as well
as the lack of success that commercial/retail stores have experienced in this location, the neighbors are
opposed to this development.
Further, the Comprehensive Management Plan states that within the RPUD district all development shall
be in compliance with the following:
1. A minimum of five acres, excluding areas within designated wetland. Fredrickson noted this
property consists of 4.02 acres and therefore does not qualify under the guideline unless the
Council finds the existence of one of the following:
a. Unusual physical features of property or surrounding neighborhood as a RPUD will
conserve a physical or topographic feature of importance to neighborhood or
community. Fredrickson stated this project would do the opposite of that.
b. The property is directly adjacent to or across a public street from property which has been
developed as a RPUD or planned residential development and will be perceived as and
will function as an extension of the previously planned development. Fredrickson stated
the answer to that is also no.
C. The property is located in an area where the proposed development provides a transition
between a commercial or industrial area and an existing resident area or on an
intermediate or principal arterial as defined in the Comprehensive Plan. The Community
Management Plan specifically defines Highway 12 as the main artery appropriate for
multi -family housing due to traffic congestion and overcapacity on County Road 15. In
addition, single-family homes already exist on the hill adjacent to this property as a
transition to commercial.
d. The property contains steep slopes or a substantial number of significant trees that could
be preserved through the clustering of buildings or other design techniques not generally
allowed by the existing zoning district.
Fredrickson stated by showing the appropriate size homes that would be marketable on a property at this
location of 4,000 to 4,500 square feet and limiting them to three homes on the property as currently
zoned, the single-family homes would preserve trees and natural terrain.
Fredrickson indicated they have also done a lot of research into property valuations and that they have
spoken with three real estate agents and it is their opinion the proposal would devalue property values for
homes on Kelley and Carmen. Fredrickson noted the developer is suggesting twinhomes with an average
price of $500,000. These lots will have no lake views and will experience extensive traffic noise from the
intersection of Highways 19 and 15 from early in the morning until late evening.
Page 22 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
Market data provided by two different real estate agents in the Navarre/Minnetonka area show twinhome
sale prices over the last 15 months ranging from $180,000 to $650,000. The twinhomes located on
Kelly Avenue that have beautiful park like backyards, boat docks, and full lake access have sold for less
than $400,000 in 2014.
Fredrickson noted it is the real estate professionals' opinion that the project will not be successful at this
price and that the developer will have to lower the price to make the homes more competitive with the
market. This reduced price level will certainly impact the $1 to $4 million homes located directly across
the street. None of the neighbors, nor any of the realtors who have reviewed this proposal, agree with the
City Assessor that building twinhomes in this location will increase the value of the neighborhood.
Fredrickson stated the development would result in the destruction of trees and the environment. The
property owner purchased this land knowing that it was zoned for single-family homes. While the
developer included a side-by-side drawing of four single-family homes versus four twinhomes,
knowledgeable realtors and those familiar with the neighborhood know that it is ridiculous to suggest that
anyone would build an 8,000 square foot home on this site since it has no views of the lake and is
subjected to highway noise.
Fredrickson stated the current zoning of three single-family homes will have less not more impact on the
site and would require less not more clear cutting of trees even with a yard, garage, and installation of
another access road off Kelly.
In addition, there are major flooding issues on Kelly Avenue. Each year in the spring and sometimes
during major rain storms the street will flood. Homeowners along Kelly Avenue are unable to reach their
homes for several weeks at a time. Fredrickson stated the neighbors are very concerned about the
additional impact construction on the hill above Kelly will have on the flooding.
Fredrickson stated the flooding concerns are well documented and many photographs have been included
in the Council packet. Fredrickson noted the City has made minor progress with the installation of a new
culvert but that the entire proposal as recommended by Bolton & Menk has yet to be approved and
implemented. The total cost of the project is $117,200. The study also did not examine any further
potential impact from flooding following construction on this project.
Fredrickson stated the neighbors also have considerable traffic and safety concerns. Fredrickson noted
Staff concluded that there are no issues regarding traffic on Kelly and that there is no difference between
single-family and multi -family housing. Fredrickson noted there was no study of how dangerous it is to
exit the parking lot at Lund's grocery store onto County Road 15 heading west and then making an
immediate left turn down Kelly.
As detailed to the Planning Commission at the last two meetings, which is why, in part, they voted to
deny the project, there are very valid safety concerns on both Kelly Avenue and Lydiard that must be
addressed in advance of any construction on this property. The issue is not just the number of cars, but it
is also the concern that traffic cuts through the neighborhood in the morning, throughout the day, and in
the evening in order to avoid the busy, major intersection of Highways 15119.
Page 23 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
Fredrickson stated if trucks are coming north on County Road 19 to Highway 15, they will cut down
Lydiard to Kelly to avoid the stoplight. If they are heading east on County Road 15 and wish to go south
on Highway 19, they will take a right on Kelly Avenue and cut through in order to avoid the stoplight. In
addition, speeding is also very likely, which could lead to someone being injured or killed. Fredrickson
stated these safety issues are real and the neighbors believe they should be addressed before additional
homes and road construction begin in this neighborhood.
Fredrickson noted Mr. Delaney also sent an e-mail to Mike Gaffron dated March 14, 2015, which has
been included in the Council packet. This e-mail was sent two days before the March 16 Planning
Commission meeting. The second paragraph of that e-mail reads as follows:
"For the record on Kelly. My father granted the wetland area under the understanding that the zoning
could not be taken away when the land was pledged. We now understand that the City did not live up to
that agreement. I have no interest in getting legal involved but this is becoming a long and expensive
project, two years. I do not believe we would have these expenses and problem if the zoning had not
changed from duplex zoning to residential. Hopefully we can bring this to conclusion in the next few
weeks and move forward. Thanks, David J. Delaney, Jr."
Fredrickson stated a reasonable person would see this communication as a very thinly veiled threat of
litigation if the City does not approve the rezoning of his property from single-family to multi -family.
Fredrickson stated it would seem logical that if Mr. Delaney had any written proof of such an agreement,
he would have provided it long before now. Fredrickson stated that language has made them wonder
whether that is the reason why Staff has recommended approval of the rezoning and that they are curious
about what the City Attorney has to say about that.
McMillan noted for the record that sometimes the recommendation of the Planning Commission and Staff
are not always the same and that sometimes the City Council does not follow the recommendations of
Staff or the Planning Commission.
Fredrickson indicated their research to date has found no such agreement between Mr. Delaney, Sr., and
the City. Fredrickson stated in summary, they appreciate the Council listening to their concerns, and that
what they are really asking for tonight is that the Council make a decision to squelch multi -family on this
site. Fredrickson noted Orono's Planning Commission voted to recommend denial of the request.
McMillan noted the City has been working with Hennepin County on the issues with County Roads 15
and 19 and that the City is hoping they address it in the near future.
Ken Heimbach, 2525 Kelly Avenue, stated his property is located directly across the street from this
proposed development and that he experiences flooding every year. Heimbach stated this property
currently floods his property. Heimbach stated if they were to add that much more hardcover up above,
the flooding situation will get even worse. Heimbach stated he learned in kindergarten that water seeks
its own level, which is Kelly Avenue.
Heimbach noted this is now the fourth meeting and that he has no idea who David Delaney is. Heimbach
stated Mr. Delaney has never been at a meeting and has never been introduced to the neighbors.
Page 24 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
Heimbach stated the only thing he knows about Dave Delaney is that every time he makes a check out to
the City of Orono, it is deposited in his bank. Heimbach stated it is like Mr. Delaney is treating the
neighbors like he does not care what they think or feel and that he is just interested in malting money.
Heimbach indicated he agrees with Council Member Cornick that this is a credibility issue and that the
neighbors were lied to at the neighborhood meeting by John Bessesen.
Bessesen stated he disagrees with that remark.
McMillan requested Mr. Bessesen allow Mr. Heimbach to finish.
Heimbach stated exactly what happened was all the same objections were raised at the first City Council
meeting. As a result, it was suggested that there be a neighborhood meeting. At that meeting there was
another presentation, including a phase two, which will be along County Road 19. When the meeting was
not going well, John Bessesen got up and said, okay, I understand the objections, I am going to drop the
twinhomes and go with single-family homes. Heimbach stated the very next day, because there was no
one from the City in attendance at the meeting, he wrote Andrew Mack a letter setting forth exactly what
happened at that meeting because of his concern that the meeting would be sugar coated. Heimbach
stated John Bessesen lied to the neighbors and there is no doubt about it.
Bessesen stated he said it would be easier for him to build four -single family houses and he had that
option. Bessesen stated he has an agenda that he is doing and he has an obligation to take it through to
the City Council. Bessesen indicated he is not going to stop just because someone does not like him. Any
other developer will not stop because they have had one neighborhood meeting.
Bessesen stated they had everything planned out and that they met with the Watershed people, the fire
marshal and other people on the site. Bessesen stated they were doing their homework and that they were
threatened by the neighbors because they had a sewer collapse. Bessesen stated the meeting was chaos
the first time and that it has been an uphill battle.
Bessesen noted this site is sitting next to a property that is zoned commercial and that he is planning on
developing it. Bessesen noted almost everything in Navarre is within 1,000 feet of the lake and that
perhaps the law should be changed since 1,000 feet is excessive.
Bessesen stated he came to meet with the neighbors and give a presentation. Bessesen indicated he
became so frustrated that he almost had to call the man from the Freshwater Institute to ask the residents
to leave. Bessesen stated he has a right to take his plan to the City and he does not have to say that he is
going to stop it. Bessesen noted he has had two years of this and the City had an interim planner that
wasted a huge amount of their time.
Bessesen stated he came to do a job and that he does not like to be called a liar. Bessesen stated he wants
to make that crystal clear. Bessesen indicated he did not shake anybody's hand except for the person that
heckled him and later came up to apologize to him. Bessesen indicated he was pretty frustrated that night
and that in his view the Planning Commission lost their focus.
Page 25 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
Bessesen stated Mike Gaffron has done a tremendous job and that he can see the advantages of keeping
the conservation easement in place. Bessesen stated he is not able to keep the conservation easement in
place if he constructs single-family homes. Bessesen stated it is harder to put together a twinhome project
than what he initially thought and that Mr. Delaney hired him to do this because he does not want to be in
the limelight. Bessesen stated Mr. Delaney would like to sell the property and does not want to get
involved.
McMillan stated it is the prerogative of Mr. Delaney not to appear.
Gary Schroeder, 2565 Kelley Avenue, stated the flooding issue on Kelly has been addressed by Orono on
at least three separate times in his lifetime. Schroeder indicated he has resided on Kelly since 1996 and
that the flooding has never been cured.
Schroeder stated as to the recent comments by his neighbor, he would like to take a show of hands of the
people who were at that meeting and believe John Bessesen said he would walk away from that program
and go back to single-family homes. Schroeder stated the show of hands is enough said.
McMillan noted the neighborhood meeting was not an official city meeting but that she understands the
comments of the neighbors.
Wasmoen stated they were before the City two years ago with a different plan and Mr. Delaney was in
attendance at that meeting. Wasmoen stated he does not want to argue about whether John lied at the
neighborhood meeting or not since it is pointless.
Wasmoen stated what he would like to get across is that from their standpoint, they are a professional
architectural design company that is trying to design a project that fits in with this neighborhood and does
not create additional runoff. Wasmoen stated the flooding and the traffic issues came as a big surprise to
them. Wasmoen stated they were basically coming in with a concept plan and that was the first time the
neighborhood group came in in masse.
Wasmoen indicated he is in agreement with the neighbors that the whole neighborhood is a wet
neighborhood, but that they are building on top of the hill and trying to stop water at the top of the hill
from getting down to the bottom of the hill. Wasmoen stated the development will control the runoff
from the property and that civil engineers will be working with them to ensure that that happens.
Wasmoen stated from that stand point, that is the one issue they can have a little bit of impact on, but that
they cannot do anything about the speed of vehicles on Kelly. Wasmoen stated Iarger global issues are
being brought in that are impacting this neighborhood and that eight townhome units will just add a few
more neighbors to the neighborhood. Wasmoen indicated they did listen and that they are trying to work
within the points that help make this a good development and a good neighbor.
Walsh stated he respects the developer's role in getting the best use for the land but that it should be
dovetailed with the neighborhood and the zoning. Walsh stated in his view the developer should follow
the current zoning codes and that he does not believe the twinhomes will work on this site.
Page 26 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID
DELANEY, 2500 KELLEY AVENUE continued)
Cornick stated in his view it is time to make a motion and vote on the issue.
Cornick moved, Levang seconded, to direct Staff to draft a resolution denying rezoning on
Application No. 14-3686, John Bessesen and Tom Wasmoen on behalf of David Delaney, 2500 Kelly
Avenue.
McMillan stated in her view multi -family is not appropriate for this site. McMillan stated clustering of
single-family homes would help preserve some of the woods on the property but that she is not going to
redesign the plan.
VOTE: Ayes 4, Nays 0.
(Recess taken from 9:46 p.m. to 9:51 p.m.)
8. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565
ORCHARD BEACH PLACE — RESOLUTION NO. 6490
McMillan noted before the City Council tonight is a denial resolution for 1565 Orchard Beach Place.
Gaffron stated the City Attorney has had a hand in drafting the denial resolution which it is before the
City Council for adoption.
Levang stated she has read the resolution very carefully in addition to visiting the property multiple
times. Levang indicated she has listened to the continents and read the letters that have been sent.
Levang stated she feels very comfortable with the resolution and that in her view the records very
strongly show that this was a commons lot. Levang stated the record also shows that there are so many
variances that would be required that it would make the lot very tiny.
Levang noted the City Council has given the applicants an opportunity to submit a new plan and they did
not. The applicants instead came back with a picture and dropped in a house but did not submit any new
information. Levang stated based on that, she is not amenable to changing anything and that she is in
agreement with the resolution.
Cornick stated absent any new credible, believable, and workable plan, the City Council should go
forward with the resolution.
Levang asked if there is any representative present tonight for the applicant.
Gaffron noted no one is here on behalf of the applicant. Gaffron indicated notice of the meeting was sent
a couple of weeks ago and that Fred Johnson did call earlier today and asked if he needed to be at the
meeting.
Walsh stated in the past the City has been pretty particular about its setbacks but the thing that the City
does have the ability to change is the average lakeshore setback.
Page 27 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(8. ##14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565
ORCHARD BEACH PLACE — RESOLUTION NO. 6490 continued)
Walsh stated in his view it would be prudent from a City standpoint to give the lot owner a buildable lot
by giving him the average lakeshore setback. Walsh stated that would not give him everything he wants
but that it would give him a true buildable lot.
Walsh stated in his view the City Attorney would feel that that is a much safer way to go forward. Walsh
noted there is a potential taking issue, but the variance would give them one less argument and he would
not be able to say that he does not have a buildable lot. Walsh stated what could potentially happen is that
a judge could say the City overreached and the judge may give him everything he is asking for. Walsh
stated the City typically does not give rear yard or side yard setbacks generally, but they have granted an
average lakeshore setback a number of times, which would give them a buildable lot.
McMillan noted two council meetings ago the Council asked the applicant to submit a revised plan but
the applicants did not attempt to submit a revised plan and instead continued to request all the variances.
McMillan stated she did not sense that there was any desire on the part of the applicant to minimize the
setback. McMillan noted the City has had other applicants that are willing to mitigate the setback by only
building a one-story house or changing rooflines and other things. McMillan stated in this situation the
applicant was not willing to work with the variances.
Walsh stated the applicant would like all or nothing but that it is still within the City's power to give an
average lakeshore setback variance. Walsh noted without the average lakeshore setback, they areunable
to build anything on the lot. Walsh stated granting the variance would protect the City, which is the
Council's job, and not overreach on this application.
Levang stated the Council has vetted this application a number of times and that the applicants have not
done anything to change their plans. Levang stated she is not willing to change the average lakeshore
setback since it is one of the City's golden rules. Levang stated there has to be very extenuating
circumstances and they do not exist in this case. Levang stated she is not willing to change the vote that
was made two weeks ago.
McMillan stated even with a 400 -square foot house there will need to be some extensive grading, which
raises the issue of whether a conditional use permit should be granted. McMillan noted it is also not
assessed as a buildable lot.
Walsh stated a judge will decide that.
McMillan stated the judge will look at the City's findings and the record demonstrates that this lot has it
long track record of not being buildable.
Walsh stated in his view the City should give the applicant something.
McMillan stated it is tough on the marginal lots but that the impact on the neighborhood needs to be
considered. McMillan stated if the Council is going to go down this path, they may need more public
input since the last meeting was not about just granting one variance. McMillan noted the Council would
also have to grant lot area and lot width variances and not just an average lakeshore setback variance.
Page 28 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(8. #14-3690 FRED JOHNSON (CID PURCHASER), PATRICIA PFEFFER (SELLER), 1565
ORCHARD BEACH PLACE — RESOLUTION NO. 6490 continuer)
Gaffron stated if the City were to grant the average lakeshore setback variance, it would be similar to the
Alness application since that lot also required an average lakeshore setback variance to make it buildable.
Walsh stated an average lakeshore setback variance would make this a buildable lot and eliminate one of
the applicants' arguments.
McMillan noted it would increase the valuation of the lot significantly.
Walsh stated in his view the Council is overreaching.
Levang stated the past documentation is very clear on how many times the variances have been denied,
which is also documented in the resolution.
Les Delton, 1535 Orchard Beach Place, stated he appreciates the time the City Council is taking on this
application. Delton stated there will probably be a lawsuit but that they knew the property was
unbuildable at the time they purchased the lot. Delton stated the neighbor talked to him and his mom
talked to him about that. Delton stated the applicant knew at the time they bought the property that it was
unbuildable. Delton stated it has also been voted down a number of times and that a house cannot go on
the lot because it will not fit.
Lisa Wysocki, 1555 Orchard Beach Road, stated her grandparents purchased their property in 1948 and
that it is L-shaped and goes around this property. Wysocki indicated she has been attending City Council
meetings since she was lb and she has never seen a City Council be concerned about a potential lawsuit.
Wysocki stated she knows the applicants' attorney has stood up here several times and threatened a
lawsuit but that she has never seen a council cow -tow to anything like that. Wysocki stated she is hoping
the Council will not do that today since the lawsuit may or may not happen.
Wysocki stated in addition to the average lakeshore setback, there are a number of other reasons why this
property is not buildable. Wysocki stated she has been looking at this property her entire life and the
water puddles and experiences runoff from other properties. Wysocki stated the lot does not meet
anywhere near any of the requirements. Wysocki stated if it were close, it would be a different story, but
that currently the lot is less than one-fifth the size of any home in the area.
Wysocki noted the house the applicants are proposing will block their views. In the CMP Orono has
language stating that there is a clear right of property owners to have a view of the lake. If there is a
house built on this property, it will impede their view of the lake. Wysocki stated she feels for Patricia
Pfeffer but that her husband unfortunately made a bad investment, which does not mean the rest of the
neighbors need to be negatively impacted by it.
Gaffron noted in the Alness application, the average lakeshore setback variance was the only variance
they needed and that there was no longer a need for the width and lot area variances once that was
granted. Gaffron stated the lot met the criteria under the state statute.
Page 29 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(8. #14-3690 FRED JOHNSON (CID PURCHASER), PATRICIA PFEFFER (SELLER), 1565
ORCHARD BEACH PLACE — RESOLUTION NO. 6490 continued)
Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6490, a Resolution Denying
Variances from Municipal Zoning Code Sections 78-330(b) and 78-1279(6), and Denying a
Conditional Use Permit Pursuant to Sections 78-966 and 78-1286 for the Property at 1565 Orchard
Beach Place. VOTE: Ayes 3, Nays 1, Walsh Opposed.
*9. #15-3718 CHRISTOPHER PERRY, 1125 HUNTER DRIVE, CONDITIONAL USE
PERMIT — RESOLUTION NO. 6491
Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6491, a Resolution Granting a
Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-418(6) and 78-1437, for
the Property Located at 1125 Hunter Drive. VOTE: Ayes 4, Nays 0.
*10. #15-3719 MARC AND KARI NEWELL, 3015 WATERTOWN ROAD — RESOLUTION
NO. 6492
Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6492, a Resolution Granting a
Variance to Municipal Zoning Code Section 78-1435, for the Property located at 3015 Watertown
Road. VOTE: Ayes 4, Nays 0.
11. #15-3722 STORM WATER AND DRAINAGE TRUNK FEE REVIEW
Gaffron stated one of the questions raised during previous discussions is why it is fair to charge more for
large lots that have a better chance for providing stormwater management on site than smaller lots that
have a greater percentage of hardcover.
Staff has provided a number of exhibits to help with the review as well as a table that shows an example
provided by the Mayor. Gaffron noted the focus of the review tonight is on new development only and
the issue of redevelopment and charging people who are doing additions and remodels is probably not
necessary tonight. Gaffron stated this is also an attempt to come up with a solution related to the
Lakeview project.
McMillan asked about the timeline the Council has to get something approved.
Gaffron stated the developer of the Lakeview property is hoping for final plat approval in two weeks but
that based on information received from the Watershed District earlier today, it might take longer for their
approval than two weeks. The City Attorney has completed the first draft of the development agreement.
McMillan asked if the Council could act on this at their first meeting in May.
Gaffron stated he believes so and that there was some discussion about the fact that the developer could
put money in an escrow account until this issue is resolved.
Levang stated in her view the Council should perhaps answer the questions raised by Staff. Levang noted
this money would go into the Stormwater Management Fund.
Page 30 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(11. #15-3722 STORM WATER AND DRAINAGE TRUNK FEE REVIEW continued)
Edwards stated based on Mike Gaffron's analysis, he provided information on what they are currently
looking at for stormwater in the C1P and what the City's annual expenditures are projected to be for the
stormwater versus what is received in stormwater utility fees. Edwards stated in his view there is still a
need to have some kind of stormwater fee associated with development that helps continue to fund the
City's stormwater fund but that there is probably some room to tweak how those fees are collected.
McMillan stated there is also the issue of fairness in regards to what other people have paid in the past.
McMillan noted the developer is doing a substantial amount of restoration on the site which should
benefit the stormwater. McMillan stated the City should not be penalizing people who want to build
bigger lots.
Levang stated she is very interested in some sort of credit program.
McMillan stated the developer would like to put stormwater features in prior to the homes being
constructed since they are a lot easier to install.
Levang asked if the remaining undeveloped parcels in the City have the ability to conserve like what is
being done at Lakeview.
Gaffron stated the Eisenger property is approximately 30 acres, with approximately one-half being
wetlands, one-third being landfill and approximately five to seven acres being available for development.
Gaffron stated the current fee structure would charge them on either two -acre zoning, including the
wetlands, or on higher density, which is a higher fee.
The developer in this case has indicated they do not feel the fee is reasonable since they have
opportunities on the property to do stormwater improvements. Gaffron stated the question then becomes
why the City has the fee if each developer is required to perform stormwater improvements. Gaffron
stated typically the fee is to handle all the stuff that is downstream from the development.
Gaffron stated perhaps philosophically things have changed a little bit over the past 15 years and that
developers might be held to a higher standard than what they were originally. Gaffron stated it was
always intended that these stormwater trunk fees are to help pay for improvements outside the property.
Walsh stated there is a need for the fee since you are constructing a house on a property that will then
generate more runoff. Walsh stated in his view the fee should be simple to explain and there should not
be a bunch of exemptions. Walsh stated it should be based on the amount of hardcover being proposed
for the lot.
Gaffron stated the whole reason for the discussion is because people put hard surface on their property
and that the question is how to make it equitable.
Walsh stated he does not want to penalize somebody for what they already have, and that if they tear the
existing structure down and build a smaller home, they should not have to pay anything. Walsh stated the
fee could be based on a percentage.
Page 31 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(11. #15-3722 STORM WATER AND DRAINAGE TRUNK FEE REVIEW continuer)
Gaffron stated the City needs to collect the fees up front at the time of the development and not on a
piecemeal basis. Gaffron noted the fees are not based on how much hardcover each property has.
Gaffron stated he likes the idea of going on a per lot basis rather than an acreage basis, which is similar to
the park dedication fee, as well as providing some credits for certain things, such as wetlands. Gaffron
noted the City receives easements to protect the wetlands in new developments and that the developer
probably should not have to pay for those. In addition, conservation easements that are required should
probably receive a credit.
Gaffron stated there are probably different ways to interpret what the existing code says, but the way it
has been interpreted in the past is that in the 5 -are zones they receive a 50 percent credit. That 50 percent
credit means that up to half of the acreage they do not pay a fee at all. Gaffron stated they could perhaps
say that they get a certain percentage off for each acre that is in conservation. Gaffron stated there are
different ways to look at it and that he has attempted to lay some of those options out in the exhibits.
McMillan asked if the Council should continue this in two weeks due to the lateness of the evening.
Cornick stated he would like to work on it in a work session atmosphere.
McMillan noted it was brought up to the City Council level since there are some developers who are
waiting for the Council's decision on this item.
Walsh stated if they are just talking about new development, he does not agree with the per lot basis.
Walsh stated he would assume that everyone is at 25 percent and that it should be based on the hardcover.
Levang noted not everyone has 25 percent however.
Walsh stated they could base it on whatever district they are in.
Levang stated she likes the per lot concept since it is very explainable and that giving credit for mitigation
is an important issue. Levang noted the City has been telling Lakeview that they are working on it and
that she would like to be able to give them something.
Levang stated she would also like the new community development director to weigh in on this subject
but that unfortunately he will not be able to start until May 11. Levang stated she would like the Council
to get this worked out so they can be respectful and responsive to Lakeview.
McMillan asked if Soren Mattick reviewed this.
Gaffron stated it is doubtful.
Walsh stated per lot is just an arbitrary number and that they are not explaining how they arrived at that
number.
McMillan stated the City currently has a number per acre.
Page 32 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(11. #15-3722 STORM WATER AND DRAINAGE TRUNK FEE REVIEW continued)
Walsh stated that is not working, which is why they are talking about it, and now the City wants to come
up with a different number.
McMillan stated the Council is not necessarily discussing this because it is not working.
Walsh stated it is because the City has a lot of different credits.
McMillan noted the City only has a 50 percent credit in the five acre zone and that Lakeview feels they
are entitled to some credit for the restoration they are doing on the site. McMillan stated what is being
done at Lakeview has never been done before on such a large scale. McMillan noted the ordinance
alludes to storrnwater improvements that are above and beyond what are mandatory but it has never gone
to the next stage and defined it. McMillan stated she is trying to keep it to what has been done in the past
with just a few adjustments to make it fair to everyone in the past that has paid the fee.
Walsh stated the City has to be able to justify the fee.
McMillan noted the Council is revisiting this in light of Lakeview's request and that she would be happy
to discuss this item with Council Member Walsh at a different time given the lateness of the meeting.
Gaffron stated if the Council has any questions or issues with the recommendations outlined in the report,
he would appreciate hearing them prior to the next meeting.
McMillan asked if there is any public comment regarding this item.
Chaz Pearson, Land Source, stated he wants to make sure that this continues to move forward and that it
does not hold them up on final plat. Pearson stated they did receive word from the Watershed District
that the plan will be put before their board. Pearson stated that will take 21 days, which will push them
out to the May 11 Council meeting. Pearson stated he would like to coincide the final plat approval and
the fee if that is possible.
Pearson noted the citizen group did receive approval on their 501(c)(3) and that they are moving forward
on the park.
Gaffron stated he can bring back a draft ordinance in a couple of weeks if all the Council Members
provide their thoughts on it.
Levang moved, Cornick seconded, to table the storm water and drainage trunk fee review. VOTE:
Ayes 4, Nays 0.
12. #15-3730 AMEND FEE SCHEDULE ORDINANCE 14-128 AND AMEND CITY CODE
SECTION CHAPTER 1, SECTION 8 REGARDING CODE ENFORCEMENT INSPECTIONS —
ORDINANCE NOS. 144 and 145
Curtis stated based on the direction given at the February 23 Council work session, Staff has prepared two
ordinances regarding enforcement of code violations and inspection fees for Council consideration. Staff
is suggesting the initial inspection and first follow-up inspection be done at no cost.
Page 33 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(12. #15-3730 AMEND FEE SCHEDULE ORDINANCE 14-128 AND AMEND CITY CODE
SECTION CHAPTER 1, SECTION 8 REGARDING CODE ENFORCEMENT INSPECTIONS —
ORDINANCE NOS.144 and 145 continued)
If the violation is not resolved, subsequent inspections will result in a flat inspection fee. The proposed
inspection rate is based on 1.5 hours of staff time for travel, inspection, and follow-up.
Walsh stated he did notice in Burnsville the third inspection fee is bumped up. Walsh asked how Orono
came up with $80 versus the same general numbers that Burnsville had.
Curtis stated the Burnsville model contains a citation, which Orono does not currently do. Curtis stated it
is based on the work that Staff would do for each of the inspections.
Walsh moved, Levang seconded, to adopt ORDINANCE NO. 144, Third Series, an Ordinance
Amending and Adding a New Subsection to Chapter 1, Section 8, of the Orono City Code
Regulating Violations of the Code. VOTE: Ayes 4, Nays 0.
Walsh moved, Levang seconded, to adopt ORDINANCE NO.145,Third Series, an Ordinance
Amending Ordinance No. 128, Third Series, Adopting the City of Orono 2015 Fee Schedule,
Adding Reinspection Fees. VOTE: Ayes 4, Nays 0.
PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT
Edwards stated the Public Works Department has been making the transition from winter to summer and
that they have moved on to street sweeping. Street sweeping was started in Navarre and the Public Works
Department has been working their way north. Edwards indicated this year they have implemented a
sample regimen from the street sweepings to determine the amount phosphorus being removed from the
streets.
Edwards reported he has been receiving a couple of calls a day regarding pothole repairs and that the
Public Works Department did go out to some of the streets and placed some gravel as a temporary fix
until the asphalt patches can be performed.
Edwards stated buckthorn removal has been performed at the Long Lake Fire Station, the Orono Golf
Course, and at French Creek.
Edwards stated a number of improvements have taken place at the Golf Course by the volunteer group.
Initially the group was going to re -carpet the entire clubhouse, but when the carpeting was pulled up, they
found hardwood floors. The hardwood floors were refinished in the main area with re -carpeting being
done in the side entryway and near the bathroom. Edwards stated the refinished hardwood floor provides
a nice, clean look throughout the building.
In addition, the volunteers have cleared out the display and counter area to make it more pleasing to the
eye. The Public Works crew has been attempting to sort out the water issues on the fairways and catch
basins have been created at both ends of the fairways. Edwards stated they were able to unplug the main
drainage lines and that the work has made a big difference. The Public Works Department will continue
to level out those fairways probably in the fall.
*13. PAY REQUEST NO. 1— WATER TREATMENT SYSTEM IMPROVEMENTS
Page 34 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
Levang moved, Cornick seconded, to approve Pay Request No. 1 to Municipal Buildings, Inc., in
the amount of $46,419.85 for the Water Treatment Systems Improvement Project. VOTE: Ayes 4,
Nays 0.
*14. NO PARKING RESOLUTION — CSAH 112 (NORTH SIDE FROM WILLOW DRIVE TO
BROWN ROAD) — RESOLUTION NO. 6493
Levang moved, Cornick seconded, to adopt RESOLUTION NO., a Resolution Prohibiting Parking
on the North Side of Wayzata Boulevard from Broad Road to Willow Drive. VOTE: Ayes 4,
Nays 0.
*14.5 GOLF COURSE EMPLOYEES
Levang moved, Cornick seconded, to approve the hiring of the seasonal employees as highlighted in
Staff's memorandum dated April 13, 2015. VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
Walsh stated he attended the Intergenerational Forum and that it was a fun event with a number of
different age groups in attendance. Walsh stated there were a lot of great ideas discussed about the future
of Orono.
Walsh noted he was not in attendance at the last Council meeting but that he was glad to see the language
he requested regarding nonconformities was included in the ordinance. Walsh noted Mayor McMillan
added the word legal before nonconformities which, in his view, is an over reach. Walsh stated if he
reads the State language, it says that except as otherwise provided by law, any nonconformity may be
continued,including through repair, replacement or improvement but not including expansion.
Walsh stated since it was probably an overreach to include the word legal, he would like to have that
language removed or add additional language that says, also with the exception of nonlegal,
nonconformities that are known by the City. Walsh stated adding the word legal is above and beyond
what the state statute says. Walsh noted the City has already been brought into a potential lawsuit last
week because of that language being included. Walsh stated the City has already become embroiled in an
issue because of that language and that he would ask that that be changed.
McMillan requested Council Member Walsh submit the information on the lawsuit to the City
Administrator. McMillan noted the Council is not able to do anything on that issue tonight.
Cornick thanked the City of Orono for holding the Intergenerational Forum.
Levang stated April 25 is scheduled for Orono's one -day spring cleanup. Levang stated she is assuming a
notice on the listsery will go out to the residents regarding that event.
Levang noted youth 12 and under are free at the golf course, which is a great opportunity for families to
get out there and golf.
Page 35 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(MAYOR/COUNCIL REPORT continued)
McMillan stated she had the honor last Thursday of presenting JEM Technical with the 2015
Manufacturer of the Year award in the small category. McMillan stated she learned that JEM Technical's
2014 revenue was just under $37 million and that they have 120 employees. JEM Technical is also
getting ready to relocate their equipment to the building just south of their headquarters. McMillan stated
it was a very nice event and that it is always touching to hear the story of how they got started and grew
their business over the years. McMillan stated JEM Technical also hosted the Orono high school students
last year so they could learn about a career in manufacturing. McMillan stated JEM Technical is a
wonderful asset to the community.
McMillan noted Navarre Night is scheduled for Thursday, April 30, at the Freshwater Institute, which is a
celebration of Navarre. The event will have speakers as well as a book signing for the History of Navarre
book. McMillan stated it should be a fun evening and that they are hoping for a good turnout at that
event. McMillan suggested sending a notice on this event out on the City's listserv.
McMillan reported the Nuremberg Estate Barn is getting considered by the State Review Board for the
National Register of Historic Places.
McMillan reported the Lake Minnetonka Association invited the area mayors to lunch recently and that
they talked about them possibly doing a regular presentation to the LMCD, such as a quarterly report, and
perhaps hosting some symposiums where they talk about lake or weed management.
CITY ADMINISTRATOR'S REPORT
*15. POLICE OFFICER TERMINATION
Levang moved, Cornick seconded, to terminate Officer Dan Niccum as a police officer with the
Orono Police Department effective April 14, 2015. VOTE: Ayes 4, Nays 0.
16. REQUEST TO HIRE PART-TIME POLICE OFFICERS — RESOLUTION NOS. 6494
AND 6495
Farniok stated there are two part-time positions open. The police department utilizes part-time officers to
cover various shifts and in lieu of overtime. The part-time officers are then usually hired full-time when
an opportunity becomes available.
Farniok stated this process was started back in July when it was determined that an officer will have a
long-term injury and unable to come back to work. Farniok noted part-time officers can only work a
certain number of hours on a part-time license and that they had a concern over lack of part-time officers
being available. Lindsey Olson and Timothy Datwyler have completed a background investigation
including a medical, psychological, and physical agility examination.
Walsh asked how the police department is doing currently with the number of staff they have. Walsh
noted the police department has been short two part-time people for months as well as one full-time
person.
Page 36 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(16. REQUEST TO HIRE PART-TIME POLICE OFFICERS — RESOLUTION NOS. 6494
AND 6495 continued)
Farniok indicated it is a little tight since one of the part-time officers will most likely be maxed out on his
hours by October at the current rate. Farniok stated this was a little unexpected since it was not initially
realized that the one individual will be gone for that long. Farniok stated the hiring process takes a
number of weeks, followed by another 14 to 18 weeks of training for the officers. Farniok stated the
current part-time officers are probably close to the point where they should be receiving prorated benefits.
Walsh asked if the part-time officers are guaranteed a minimum number of hours.
Farniok stated during FTO they attempt to get them full-time hours, which is a 16 to 18 week process.
After that there are no guarantees and it is whatever shifts are available.
Walsh asked if Chief Farniok would rather have officers given an opportunity for overtime versus hiring
new people with benefits. Walsh stated they perhaps could hire just one part-time guy and forego the
full-time guy and the other part-time guy.
Farniok stated what they are seeing as a trend is a smaller and smaller candidate pool. Farniok stated
candidates are also dropping out of the skills portion of the program. Farniok indicated they use the part-
time officers as stepping stones to full-time officers. Last year the police department's overtime was well
below the budgeted amount. Farniok stated they tend to get more bang for the buck with the part-time
officers than with paying overtime.
Walsh stated he would like to understand the staffing needs better before he approves hiring a bunch of
people.
Farniok stated the Police Department has certain staffing requirements with the contract cities that they
must meet and that they were not expecting an officer to be out for nine months and then not be able to
come back.
Walsh asked where they are at with staffing levels.
Farniok stated they are reaching the minimum and that if more part-time officers are not hired, they will
likely have to pay overtime.
Walsh asked if it would be more efficient to hire more part-time officers than it would be to hire another
full-time officer.
Farniok indicated it would be difficult to retain part-time officers if they are not given hours and that the
part-time officers are given an opportunity to become full-time when a position opens up. Farniok stated
without sufficient part-time officers, they would be looking at paying overtime. Farniok stated if Council
Member Walsh would like to see a reduction in staffing, that could be something that could be brought
before the Police Commission.
McMillan stated in her view Chief Farniok has done a very good job with recruiting part-time officers and
giving them an opportunity to become full-time. McMillan stated she trusts his decision in this regard.
Page 37 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(16. REQUEST TO HIRE PART-TIME POLICE OFFICERS —RESOLUTION NOS. 6494
AND 6495 continued)
Levang stated the City receives nothing but glowing reports on the Police Department and that Chief
Farniok is doing an excellent job.
Levang moved, Cornick seconded, to authorize the hiring of Lindsey Olson and Timothy Datwyler
Resolution Nos. 6494 and 6495 as part-time police officers at a pay rate of $24.67 per hour with a
start date of April 14, 2015. VOTE: Ayes 4, Nays 0.
17. REQUEST TO HIRE FULL-TIME POLICE OFFICER
Walsh stated he has the same comments with respect to this item.
Levang moved, Cornick seconded, to authorize the hiring of Joshua Raze as a full-time police
officer, effective April 14, 2015, at a pay rate of $27.97. VOTE: Ayes 3, Nays 1, Walsh Opposed.
*18. ACCEPT DONATION — RESOLUTION NO. 6496
Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6496, a Resolution Accepting the
Donation from the Stephen Larson Memorial Orono Police Fund, with the money being used
toward the purchase of exercise equipment and a thermal night vision scope. VOTE: Ayes 4,
Nays 0.
*19. DISPOSAL OF POLICE DEPARTMENT SQUAD CAR
Levang moved, Cornick seconded, to approve the liquidation of a 2011 Ford Crown Victoria VIN#
2FABP7BV2BX171770, and a 2011 Dodge Charger, VIN# 2B3CL1CT3BH565374. The Dodge
Charger will be traded to Burnsville Dodge and the Ford Crown Victoria will be auctioned through
the Minneapolis Auto Auction or other similar public auction. VOTE: Ayes 4, Nays 0.
20. COMMUNITY DEVELOPMENT DIRECTOR APPOINTMENT
Loftus thanked the Council Members Walsh and Levang as well as Mayor McMillan for participating in
the selection of a new community development director. Loftus stated Jeremy Barnhart has been
employed with the City of Elk River for nine years in community development and also previously
worked in the City of Watertown. Loftus indicated Mr. Barnhart would be able to start May 11.
Walsh stated in his view he is very well qualified and that he is looking forward to having him on board.
Walsh moved, Levang seconded, to appoint Jeremy Barnhart to the position of Community
Development Director. VOTE: Ayes 4, Nays 0.
21. REQUEST FOR PROPOSALS (RFP) FOR COMPENSATION STUDY
Loftus stated the City received five bids to complete a compensation study. The low cost firm,
Springsted, has a quality proposal if the Council is willing to extend the original completion deadline to
Page 38 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(21. REQUEST FOR PROPOSALS (RFP) FOR COMPENSATION STUDY continued)
September instead of June. If the Council would like to use the compensation study during budget
discussions this summer, the recommendation would be to stick to the timeline and award the project to
the next lowest bidder, Abdo, Eick & Meyers.
Levang stated in her view the timeline is important and that it would be helpful to have the compensation
study when the Council is going through the budget process.
Loftus noted the budget process starts in June and July and that employee compensation is typically
looked at in September.
Cornick stated in his view Abdo did a very professional job with their proposal.
Levang moved, Cornick seconded, to approve the proposal submitted by Abdo, Eick & Meyers at a
cost of $12,000 for the completion of a compensation study, with a deadline of two months. VOTE:
Ayes 4, Nays 0.
*22. TEMPORARY PART-TIME EMPLOYEES
Levang moved, Cornick seconded, to approve the hiring of Bonnie Kaster and Sandi Larson as
part-time employees for the Laserfiche scanning project. VOTE: Ayes 4, Nays 0.
*23. LICENSES AND PERMITS
Residential Kennel Licenses
1.
Jon Chance
248 Cygnet Place
2.
Leslie and Jerad Hahn
809 Brown Road North
3.
Scott and Jamie Honour
1725 Bohns Point Road
4.
Steve Johnston
2335 Shadowood Drive
5.
David and LuAnn Runkle
2684 Casco Point Road
Limited Firearms Use Permit
1.
Michael McKeand
60 -day Firearms Use Permit
Page 39 of 40
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 13, 2015
7:00 o'clock p.m.
(*23. LICENSES AND PERMITS continuer!)
Levang moved, Cornick seconded, to approve the above listed licenses and permits. VOTE:
Ayes 4, Nays 0.
*24. CLAIMS/BILLS
Levang moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
CITY ADMINISTRATOR'S REPORT, CONTINUED
Loftus stated the open book meeting is scheduled for this Wednesday from 4:00 to 6:30 in Council
chambers. Loftus stated that is an opportunity for the residents to discuss any concerns they might have
with the valuation of their property or sales information.
Loftus noted last week the docks for Big Island were installed.
Loftus stated the open house for the Highway 112 turnback is scheduled for April 22 from 4:00 to 6:30 at
the Lake Community Bank. The open house will give the public the opportunity to look at the first phase
of the plan. Construction is slated to begin in 2017.
CITY ATTORNEY'S REPORT
None
ADJOURNMENT
Levang moved, Cornick seconded, to adjourn the Orono City Council meeting at 11:15 p.m.
VOTE: Ayes 4, Nays 0.
ATT ST
1-4�legs, City erk Lili Tod McMillan, Mayor
Page 40 of 40