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HomeMy WebLinkAbout10-08-2018 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, III, Wendy Dankey, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF SEPTEMBER 24,2018 2. CITY COUNCIL WORK SESSION MINUTES OF SEPTEMBER 24,2018 3. CLAIMS/BILLS 4. APPOINTMENT OF 2018 ELECTION JUDGES—RESOLUTION NO. 6904 5. APPROVAL OF RENTAL LICENSES 6. CARMAN BAY LAKE IMPROVEMENT DISTRICT LEVY RESOLUTION NO. 6905 7. FOX STREET RECONSTRUCTION—PAY REQUEST NO. 5—FINAL 12. INSURANCE FUND RESOLUTION NO. 6909 Crosby moved, Seals seconded,to approve the Consent Agenda as amended,with the addition of Item No. 12. VOTE: Ayes 5,Nays 0. PUBLIC COMMENTS None PUBLIC HEARING 8. LA18-000071 DAN MULRENNAN O/B/O JAMES VAN RIEMSDYK,2655 NORTH SHORE DRIVE, CONDITIONAL USE PERMIT LAND ALTERATION,PUBLIC HEARING, RESOLUTION NO. 6906 Dan Mulrennan,Applicant,was present. Oakden stated the applicant is requesting a conditional use permit for grading over 500 cubic yards and creating a new engineered grade for the property. A permit was issued to demolish the existing home. During this activity, it was discovered the existing soil was not suitable to support a home and would need Page 1 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. to be replaced. 2,046 cubic yards of dirt was cut from the site and 1,648 yards was used for fill for the property. In addition,the applicants propose a grading plan that converts the flat lot into a walk-out lot. This transformation,coupled with the grading being done independent of a building permit,triggers a conditional use permit. The Planning Commission reviewed the proposal and voted unanimously to recommend approval of the Conditional Use Permit. One public comment was received from a neighbor asking for review of the water flow and drainage on the site with the proposed topography changes. The City Engineer typically reviews that at the time of building permit. Staff recommends approval of the application. Crobsy asked whether the fill will impact the drainage on the neighboring property. Oakden stated the City Engineer has reviewed the building permit but has not submitted any comments suggesting new drainage is required. Mayor Walsh opened the public hearing at 7:04 p.m. There were no public comments regarding this application. Mayor Walsh closed the public hearing at 7:04 p.m. Seals moved,Crosby seconded,to adopt RESOLUTION NO. 6906,a Resolution Approving a Conditional Use Permit from Municipal Zoning Code Section 78-967,for the property located at 2655 North Shore Drive. VOTE: Ayes 5,Nays 0. 9. LA18-000072 PAUL VOGSTROM ON BEHALF OF WILLIAM AND SUE DUNKLEY, 2709 WALTERS PORT LANE,PRELIMINARY PLAT(PENCE LANE ADDITION)PUBLIC HEARING—RESOLUTION NO. 6907 Paul Vogstrom, Contractor,and Sue Dunkley, Applicant,were present. Curtis stated this application is regarding a preliminary plat to create two lots for a single-family home where one lot currently exists. The applicants are proposing to create a new lakeshore lot between their Walters Port Lane home at 2709 Walters Port Lane and the neighboring property to the east at 2715 Pence. The preliminary plat drawing shows proposed Lot 1 as a 2.3 acre parcel and proposed Lot 2 as a 1.46 acre parcel. There is an outlot on the north portion of the property that connects to Pence Lane. Both lots exceed the 1-acre LR-1B size requirements and also meet or exceed the 140-foot width requirement at the lake and at the 75-foot setback line. Based on the configuration,there is an approximate 97-foot wide buildable width at the average lakeshore setback line. Page 2 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Lot 2 is not considered a back lot, as it has a proposed 20-foot wide road frontage connection to Walters Port Lane. Lot 1 is proposed to solely use Walters Port Lane for access. Lot 2 will access via the existing Pence Lane driveway shared with the Huelers at 2715 Pence Lane. No variances are being requested. The Planning Commission reviewed this application at their September meeting and voted 7-0 on a motion to recommend approval of the conforming preliminary plat. Public comments were received at the Planning Commission meeting and focused primarily on stormwater and drainage concerns as well as reiteration of the support for a development which did not require any variances. The City Engineer did identify some grading, drainage and stormwater issues that must be worked out for the final plans prior to final plat approval. The preliminary plat layout itself is conforming and approvable. Final plat approval will not be granted until all applicable permits and approvals from Hennepin County and the Minnehaha Creek Watershed District are received. Planning Staff recommends approval of the preliminary plat. The Council should re-open the public hearing, accept any comments from the public, and then consider adopting or amending the approval resolution relating to the preliminary plat. Mayor Walsh opened the public hearing at 7:08 p.m. Paul Vogstrom, Contractor,stated they are excited about this plan and are considering some revisions as it relates to the line of sight that will be submitted in the near future. Vogstrom noted the proposed plan is conforming and that he is here to answer any questions. Mike Jorgensen,2725 Pheasant Road, noted his property adjoins the subject property and that he is here in support of the proposal. Jorgensen stated it is his belief this will be a first-class development since that is how the Dunkleys do things and that he was not asked by the Dunkleys or any person connected with the application to speak on their behalf and that his comments come from the heart. Sue Dunkley, 2709 Walters Port, stated from the very beginning once they purchased the property they had planned to access off of Pence Lane,which is not being proposed currently, but that they will come back once the easement coming into that property is settled. At that time they will be asking the Council what they need to do to make that happen. Dunkley commented she did not want people to be surprised and have people say that they gave up that right. The proposal will be solving age-old water problems for everyone's benefit with the new plan created by Mark Gronberg. Mark Gronberg, Surveyor, stated he found out something from Staff a few days ago about the average lakeshore setback line and how it is interpreted. Gronberg stated he has not seen that rule used before and that he likely will be having some discussions with Staff about that when the house plans are presented. Greg Hueler,2715 Pence Lane, stated his understanding was when the Planning Commission approved the application,they recommended approval of it as a conforming lot with two homes on a private driveway. Hueler asked if the Dunkleys are making it known that that is not their intention, is it still a conforming lot. Page 3 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8,2018 7:00 o'clock p.m. Walsh stated it is a conforming lot based on what is being presented currently and that the Dunkleys are not precluded from asking for something else. The City Council will be voting on what is being presented this evening. Kelly Hueler asked whether there would be a process to change the code. Walsh stated in order for the code to be changed, it would need to go before the Planning Commission, public input would be obtained, and then the City Council would discuss it. Kelly Hueler stated it is her understanding that the City Council bases their decisions on the code and that they do not get involved in private disputes between neighbors. Hueler stated she heard Sue Dunkley just say they have intentions to do something different. Hueler asked whether that has anything to do with a code change. Walsh stated the City does not preclude anyone from asking for a variance. All applications that are reviewed are always based on the current code and that the City Council does not get involved with private easements or disputes. Mayor Walsh closed the public hearing at 7:15 p.m. Wash noted this is a conforming lot and that the applicants are not requesting any variances. Seals asked how the grading, drainage and stormwater issues will be addressed. Curtis indicated those will be taken care of at the time of final plat. Printup moved,Dankey seconded,to adopt RESOLUTION NO. 6907,a Resolution Approving a Preliminary Plat for the Plat of Pence Lane Addition. VOTE: Ayes 5,Nays 0. 10. LA18-000077(LA18-000033 AND 18-4000)JOHN KNOBLAUCH ON BEHALF OF COLIN KELLER, 1335 ARBOR STREET,VARIANCE,PUBLIC HEARING -RESOLUTION NO. 6908 John Knoblauch, Contractor, was present. Oakden stated the applicant is requesting variances for side street setback and interior side setback. The site was subject to earlier variances back in May of 2018. The City Council at that time approved variances for lot area, lot width, front yard, side street and interior side yard setbacks. A new builder has applied for a building permit and is proposing two new encroachments: 1. Expand the house footprint over the approved window well into the interior side setback; expanding the structure and volume within the interior side 2. Creating a new bump-out within the side street yard setback outside of the approved house footprint; expanding the structure and volume within this setback. Page 4 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. The Planning Commission reviewed the application and found the proposed changes to be reasonable. Approval was unanimously recommended on a vote of 7-0. No public input was received for this application. Planning Staff recommends approval. Mayor Walsh opened the public hearing at 7:18 p.m. There were no public comments regarding this application. Mayor Walsh closed the public hearing at 7:18 p.m. Printup requested the builder try to keep the construction vehicles on the property, especially during the times school buses are in the area. Walsh asked whether Council Member Printup would like no parking signs to be posted on one side of the street. Printup indicated that is not necessary but that he would like the builder to be aware the street is narrow and that he would like to avoid any issues caused by construction vehicles being parked on the street. Printup moved, Crosby seconded,to adopt RESOLUTION NO. 6908,a Resolution Approving a Variance from Municipal Zoning Code Section 78-420,for the property located at 1335 Arbor Street. VOTE: Ayes 5,Nays 0. 11. LA18-00006 REVISION,LLC ON BEHALF OF CHRISTIAN HARKER, 1725 BOHNS POINT ROAD,VARIANCES,PUBLIC HEARING Kevin Schultz and John Bailey, Revision, LLC, were present. Curtis stated the owner purchased the property at 1725 Bohns Point Road in the fall of 2017 and has begun to make improvements. The applicants plan to rebuild the 150 square foot boathouse building located 16 feet from the OHW,which is entirely lakeward of the average lakeshore setback line. The in- kind reconstruction is permitted as it is a legal nonconforming structure. In addition,the property owners are proposing to increase the height of the structure by adding a roofed porch over the top which is considered an expansion of the structure within the substandard setbacks. The upper level expansion consists of posts and a roof. They plan to install retractable screens in the place of walls. A hardcover variance is requested due to the reorientation of the existing stairway to the lake as the existing hardcover within the 75-foot setback is nonconforming. The proposal results in a reduction of 40 square feet of hardcover. The Planning Commission reviewed this application and voted 4-3 on a motion to approve the requested variances. The dissenting commissioners questioned the validity of the stated practical difficulties Page 5 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. regarding the boathouse expansion and were concerned with the establishment of a practice contrary to the City's long-held lakeshore preservation philosophy. Staff recommends approval of the hardcover variance to reorient the access stair. The Council should re-open the public hearing and take any additional comments from the public. Following the public hearing,the Council should consider a motion to approve or deny the requested variances and then direct Staff to prepare a resolution to that effect. Mayor Walsh opened the public hearing at 7:18 p.m. Kevin Schultz, Revision, LLC, stated the boathouse is very well screened and is not visible from the water. There is also a steep approach to the building. The idea was to have a screened structure so it can be seen through versus something that was totally opaque. The existing staircase is a danger due to its deteriorating condition. Dankey asked if they are actually moving it. Schultz indicated they would be relocating the stairway but not the structure. Dankey asked if they are using the maximum amount of hardcover on the lot. Schultz indicated they are not but that the structure is located within the 75-foot setback. Crosby asked if there will be a new roof structure. Schultz indicted there will be. John Bailey, Revision, LLC, stated the intent of the design is to have retractable screens, which will be up except for when the boathouse is being used. Schultz noted there is currently a stone patio that walks directly flat onto the floor of the existing boathouse. Mayor Walsh closed the public hearing at 7:25 p.m. Printup indicated he is okay with the stair access but that he is not comfortable with the expansion of the boathouse. Walsh noted the City has a long history of not allowing an expansion in the 75-foot area. Seals stated changing the stairway is a smart idea but noted they are not replacing in-kind the structure. Crosby asked what the height of the structure is. Curtis indicated the plans show 8'11"plus 3'8". Walsh stated he cannot come up with a practical difficulty for increasing the height of the structure. Page 6 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Seals agreed it does not meet the definition of a practical difficulty. Crosby noted the applicants are not expanding the footprint, which would be more of a concern, but there is not a major practical difficulty for the expansion but would provide them with more enjoyable outdoor space. Crosby indicated he would be willing to give some flexibility given the retractable screens. Printup moved to approve the stairway but to deny the roofed porch over the top. Schutz stated the property owners' idea of a practical difficulty is the amount of bugs that are down by the lake,which limits their ability to use the structure. The owners would be willing to reduce the massing on the lot by removing the main patio area or the pumphouse,which is deteriorated and ready to fall into the lake, or the upper deck. Walsh stated trading hardcover is still not a practical difficulty and having a screen porch to avoid insects is probably not a practical difficulty. If that was the case,the City would have a number of other owners of boathouses coming in asking for a second story to be added to their boathouse. Printup moved, Seals seconded to approve the hardcover variance to reorient lake stair access and to deny the vertical expansion of the boathouse. VOTE: Ayes 5,Nays 0. PLANNING DEPARATMENT REPORT—BRUCE LEMKE,REPRESENTATIVE 13. LA18-000065 JIM KOCH ON BEHALF OF CHRISTOPHER MORGART, 1003 WILDHURST TRAIL,SKETCH PLAN Jim Koch,Applicant, was present. Barnhart stated this sketch plan proposes the consolidation of four lots privately held by Chris Morgart and adjacent rights-of-way. The lot would then be subdivided into eight single-family lots. The developer is requesting some flexibility on the following: 1. Vacation of right-of-way. Here are several platted rights-of-way for streets and alleys that are proposed to be vacated. 2. Lot width flexibility. The plan shows the four western lots to be less than the 200 feet of width required by the Zoning Code. 3. The plan shows the four lots to the east of Wildhurst to be between 120-245 feet in width, measured at the street. Lot 7 touches Forest Lake,thereby establishing that lot as a lake lot. Lot frontage is measured at the OHWL and 75 feet back. The property contains only 90 feet of lakeshore frontage Access to the site will be via the extension of Wildhurst Trail,which is a public street. The plan shows a cul-de-sac at the northern terminus of Wildhurst. The eastern four lots are within the MUSA boundary and therefore have access to sanitary sewer. The lots to the west are not within the MUSA boundary. To be served by sanitary sewer,the MUSA boundary will need to be adjusted. Page 7 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. The Planning Commission reviewed the sketch plan at their September meeting and expressed a desire to retain access to Saga Hill, city-owned land to the west. The existing right-of-way, 30 feet wide, is not proposed to be vacated. Some Commissioners also commented on the desire to retain access to the lake. The Commission seemed open to flexibility of lot width on the east side to support access to the lake. The Commissioners did not seem to support flexibility for the lot width for the west side lots but some mentioned the benefit of providing sanitary sewer to these lots. One benefit would be the retention of more trees since septic sites would not need to be developed if served by sanitary sewer. Walsh asked for more information on the MUSA. Barnhart stated right down the middle of the right-of-way is the MUSA boundary,resulting in the lots to the east being within the MUSA boundary. The reason the City does not just expand the MUSA boundary is that the Metropolitan Council looks to those lots as being three units per acre. The east side is already within the City's density calculation,but the western lots are not within the MUSA unless the City makes an amendment to the Comprehensive Plan. In that case,the Metropolitan Council will look to see whether there are three lots per acre,and if there is not,the Metropolitan Council will ask for those units to be added somewhere. It is expected that these properties will be served by private septic. Overall the property is vastly wooded,with some steep slopes. Walsh stated one of the benefits of extending the MUSA boundary is that there are four potential lots that are close to the lake on land that runs towards the lake,and if anything happened, it would essentially go into the lake. The negative is that it impacts the City's overall number for density. Barnhart displayed an aerial of the area,pointing out the subject parcels and the right-of-way. Walsh stated the City will want to keep the access to Saga Hill. Barnhart stated the Planning Commission also felt that access should remain public and that there is no proposal to vacate that. Printup asked about the right-of-way to the lake. Barnhart stated the idea the Planning Commission had is if the City Council decides they do not need the right-of-way depicted in green, perhaps a better access would be through a different area,which is an item for discussion tonight. Printup asked what the topography is going down to the lake. Barnhart indicated there are some steep slopes in that area and marshy areas. Rief noted the Big Woods encroaches on that property, and if there is septic rather than MUSA,that would require a lot more land disturbance on the west side. One of the things that has been talked about before is if there was ever an expansion of Saga Park,that property would be ideal. Rief stated in his view the City Council should consider it even though it is not the density the Metropolitan Council may want. Walsh stated the City should perform that calculation to determine how adding this parcel will impact the City's density. Page 8 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Barnhart stated in his view the City will have sufficient buffer to absorb these lots. Jim Koch, Contractor, stated this is a unique piece of property and consists of almost 15 acres. The ten- acre side of the property is located in the RR-1B District, and the eastern four lots are zoned LL-RB, which is the 5-acre zoning. In coming up with the sketch plan,they tried to follow current zoning requirements,the Comprehensive Plan designations, lot size requirements and land use density requirements. Some initial engineering and environmental studies have been completed and they have met with the Watershed District on some of the wetlands and a potential stormwater management plan. The overall goal of the project was to try to come up with a plan that met as many of the City's requirements as possible rather than trying to ask for more lots as has been done in previous applications. Koch indicated it worked out perfectly to have the road go down the middle of the site, which gave them the opportunity to keep the zoning requirements intact on each side as well as meet the lot size requirements and most of the frontage requirements. Koch noted they did not request initially changing the MUSA boundary but some of the Planning Commissioners did indicate it would be a great opportunity and would help preserve more of the trees and be more environmentally friendly. Koch stated they recently asked Staff whether they could do an exchange with Saga Hills for extending the MUSA but apparently that is not possible. Koch indicated they would be open to anything they can do to help facilitate sewer on the western side of the road. As part of the project,an analysis on the Conservation Design was completed, and stormwater management and conceptual designs for the roads were studied to ensure they had positive views for all the lots. Even though there is some elevation on the back side of the site, in their view the proposed plan makes for a better elevation for views and being in the MUSA would allow them to preserve more of the trees. Koch stated from their standpoint,they wanted to propose a concept that met most of the requirements and that they attempted to minimize the need to rezone. Some flexibility on the road frontage is necessary but overall the lots are well over the size minimum. Koch indicated they would also like some flexibility to vacate the road rights-of-ways. A plat from 1949 was found that showed several hundred lots, which is where the road rights-of-way came from. Koch stated they are looking for guidance on those two elements. Chris Morgart, 1003 Wildhurst Trail, displayed the 1949 plat, and noted that in the early 1960s a number of rights-of-ways were vacated except for two areas. Morgart pointed out a section of the site that used to be part of the park but is now private land. Morgart commented he is not sure the City needs another entrance to the park. Walsh stated he would be in favor of looking at expanding the MUSA boundary to include the western lots,but from a blank slate point of view,unless there is some inherent practical difficulty demonstrated, the City will want the plan to follow the frontage requirements. If the City Council says 200 feet can now be 140 feet with this plan,what they would be saying is that they are in favor of increasing the density and changing the standards. If the project does not work economically, it does not work economically. Walsh noted the City's Economic Development Committee reviewed the codes and eliminated some but the ones that remain the City Council likes to enforce. Page 9 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Walsh stated the City also has philosophically said that they do not want to increase density anywhere except for a portion along the Highway 112 corridor to help with the City's density calculation. The City Council would like to keep a large portion of Orono rural. Walsh indicated he does not have any problem with vacating the easements as long as the easement to Saga Hill remains and that he can see some hardship given the slope. Walsh stated they will have to figure out how to get one acre of dry buildable with the wetland included. Crosby asked what the benefit to the City would be with the lakeshore access. Barnhart indicated it would maintain some access for the public to the lake in that area. Rief noted that access is currently not maintained. Printup indicated he is in agreement with Mayor Walsh but that he would like to hold off on the lake access until he has more information on it. Seals stated she has a problem with the width of the lots and that it seems the City has issues when the lots are not wide enough, especially when the development is a blank sheet. Crosby asked what the width is on the east side. Koch indicated the east lots are 140 feet and the western lots are 200 feet. Koch stated if they were to eliminate a lot,they have looked at eliminating Lot 8,which could provide some additional frontage, but there might be one lot that is in one zoning district overlapping the other zoning district. Koch stated that could be considered a practical difficulty. In addition,the configuration of the road could possibly change. Koch asked whether having a lot that overlaps from one zoning district to the other would be allowed. Walsh stated he would refer that back to Staff,but that he would encourage them to do whatever makes sense and meets the code. Barnhart stated frontage for lake lots is measured at the lake, so Lot 7 would probably need to be eliminated. Some flexibility could possibly be given for Lot 6 on the width. The rest of the lots are measured at the building setback line. Staff would support a modification to the zoning ordinance so one lot does not have two zoning districts. Rief asked how that would impact the MUSA. Barnhart stated a modification might need to be made but that it would be rather marginal. Walsh stated if the developer can figure out how to make it work with the road,he would encourage him to pursue that. Crosby, Dankey, and Seals indicated they would be in favor of city sewer for the western lots. The City Council took no formal action on this item. Page 10 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8,2018 7:00 o'clock p.m. 14. LA18-000068 SVEN GUSTAFSON ON BEHALF OF 1350 BALDUR,LLC,BALDUR PARK ROAD, SKETCH PLAN Sven Gustafson,Applicant,was present. Barnhart stated this is a revised sketch plan from what was seen at the Planning Commission in September. It calls for the creation of a plat for a buildable lot on Baldur Park Road. Primarily the property owner is looking to create a parcel that would support a new house. The subject parcels are the six lots between the end of the development down towards the point. The developer is proposing platting three parcels in this area and the existing home is not included in the project at this point. Barnhart indicated there are two options for creating a buildable lot. The first option would be to create a front lot/back lot configuration,which requires an access outlot. Option 2 is to plat several lots and having either a public or private road to serve three or more lots. In response to Staffs comments and the Planning Commission discussion,the applicant has revised the plan and shows three new building lots and an Outlot A. Outlot A shows a proposed driveway and a turnaround at the southern end of the project. None of the three lots meet the required one-half acre. While Outlot A appears to be narrower than 30 feet adjacent to Parcels 23 and 24,Outlot A will, in fact, need to be a road since it will be serving more than three lots. This right-of-way width needs to be 50 feet per ordinance. However, Staff can support a waiver of the right-of-way and paved road width due to the width of the existing Baldur Park Road, provided fire department standards are maintained. Staff recommends the City Council discuss the following: 1. Cul-de-sac length. Baldur Park Road is over 1,000 feet from its intersection of Birch Lane to the subject property. The standard is 1,000 feet. There are no other options to continue Baldur Park Road and plat the property. Staff supports the waiver. 2. Right-of-way width. Much of Baldur Park Road right-of-way width is 30 feet. The standard for new streets is 50 feet. Staff supports the waiver. 3. Paved surface width. Much of Baldur Park Road is 18 feet paved width. The standard for streets Serving 3-10 units is 28 feet. For more than 10 units, 32 feet is required. Staff supports a waiver of no less than 20 feet through the new section. 4. Cul-de-sac. The latest plans show a turn-around, which is adequate if only two lots are proposed. If there are three lots, a road is required. Staff does not support waiving the cul-de-sac requirement. 5. Conservation Design. Because the lots proposed are smaller than two acres,the project would require Conservation Design. Staff supports a waiver of the full design in lieu of wetland delineation and a tree inventory where building pads are proposed. 6. Road or driveway improvements within the 75-foot lake yard. The southern portion of the point is very narrow, approximately 100-120 feet. Construction of a home within the 75-foot lake yard is unavoidable. Staff supports shifting house pads to the north to avoid or minimize conflicts with lake yards. Page 11 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8,2018 7:00 o'clock p.m. 7. Fill in the floodplain. Based on preliminary plans, it appears that the house pads will require fill to elevate above the flood elevation. This may be resolved with more detail being provided and/or shifting the house pads further to the north. The Council is asked to provide non-binding feedback on the issues presented. Walsh asked if the applicant would be permitted to build a house on each one of the small lots. Barnhart stated technically they could not but since there is no existing home,they could combine the lots to get as close to the requirement as possible. There is enough land to meet the one-acre minimum. Printup noted on Maple Place those were platted lots and they were able to build on them. Barnhart stated it might be that those lots meet the 66 percent requirement of the DNR. If a lot exceeds 66 percent of the DNR's requirements for lot size,they can be developed. The lots on Baldur Park do not meet that requirement. Barnhart noted there is a clause in the code that says when they own contiguous lakeshore properties,they can combine them to get as close as possible to the lot size requirement, and in this case they have enough to meet the one-acre requirement. City Attorney Mattick stated if the lots are nonconforming but meet certain minimum requirements, such as the 66 percent,they are allowed to build. If they do not meet that requirement,the statute says if the lots are under common ownership,they have to combine them to get it to the minimum conforming size and not the 66 percent. Printup asked what is being proposed for the other lots at the point. Barnhart stated part of Staffs recommendation is to include a plan for those five lots since that would impact the width of the road and emergency services. Printup asked if the City should plan for five future lots. Walsh stated the plan could change the next day and that the City has to plan for the worst possible scenario. Printup asked if there is an easement over the property. Barnhart stated to his knowledge there is an easement but nothing was platted for access. In the past the City vacated a portion of the road because it was in the water. Printup asked if those easements can be cleaned up as part of this plat. Barnhart stated from a planning perspective,they are open to not having it be a public street beyond a certain point. Baldur Park Road could terminate in a cul-de-sac,with a private road or a shared driveway beyond the cul-de-sac. Walsh stated a private road can only serve so many homes. Barnhart stated the road could serve a number of homes and that they are within the allowable range. Page 12 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Printup commented he would like to see the easements get cleaned up. Crosby asked if the proposed lots are conforming. Barnhart indicated they are not and that they would need to combine lots in order to get to the half-acre minimum. Sven Gustafson, Stonewood, stated the City Council has provided some good direction and that he is here to answer questions. Mark Gronberg, Gronberg&Associates, indicated they looked at some of the lot sizes in the area and that there are a number of lots that are way under the 0.5 threshold. Gronberg asked how that would play into this. Walsh stated the City Council has to deal with the current codes,and unless there is some kind of inherent difficulty,they need to follow that. Walsh commented a cul-de-sac is probably necessary,but he will leave whether the road should be public or private up to the applicant. Gronberg noted a cul-de-sac does take up quite a bit of room and that there are some floodplain issues. As a result, a turnout would work a lot better than a cul-de-sac. Gustafson stated the Planning Commission appeared to be in favor of a hammerhead or a turnout. Printup commented he would like to see the cul-de-sac as one option. Gustafson asked how far the cul-de-sac would be from the water. Gronberg indicated it would be close to the water. Walsh stated that could be considered a practical difficulty, and because the current road is not as wide as it should be,there is some flexibility there. Gronberg noted the area is so narrow in some spots that they will have to encroach into the 75-foot setback. Gronberg asked if there is a magical number on that. Wash stated there are some inherent practical difficulties,which the Council understands, and that they should follow Staff's recommendations. The City Council took no formal action on this item. (A recess was taken from 8:32 p.m.to 8:40 p.m.) 15. LA18-000079 LAKEWEST DEVELOPMENT,LLC,3245 WAYZATA BOULEVARD WEST,SKETCH PLAN Curt Fretham and Perry Ryan, Lakewest Development,were present. Page 13 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Barnhart stated in 2015,the property owner came in for a townhome villa project known as Eisinger Meadows. The City's Comprehensive Plan was amended to include this site. At that time it was recognized there was 10 acres of open space,with a portion of it being located over an old landfill site. The plan at that time depicted a possible apartment building in that area. The current proposal, called Eisinger Flats, is a 192-unit apartment building in the open space south of the proposed townhome development. Access to the site will be via a new public road off of Wayzata Boulevard. The sketch plan shows a four story, U-shaped building with underground parking. The 192 units on about 10 acres yields a density in the range of 19.2 units per acre, which is higher than the current or proposed Comprehensive Plan anticipates. The project will require a Comprehensive Plan Amendment, alteration of the approved preliminary plat, rezoning, and General and Master plan approval. This project seems to be a likely candidate for the RPUD process. The main two issues identified by Staff include the following: 1. Is the Council comfortable with the density proposed? 2. Is the Council comfortable with the proposed 4-story building? While the defined height has not been established, a 4-story building and underground parking will likely be higher than 30 feet. The Planning Commission reviewed this sketch plan at their September meeting and seemed to support the high density at the location and to increasing the height above 30 feet. The City Council should provide feedback on the proposal to the applicant. Seals asked how this density would impact the City's density number. Barnhart indicated he does not have that calculation tonight, but this site was originally considered open space and was not counted in the City's density calculation. As a result,any amount of density on this site would help the City. Barnhart noted the City does have some areas that are served by sanitary sewer that are lower than three units per acre,and this site is a good candidate to help offset some of those lower density sites. Walsh stated the higher density on this site will give the City some flexibility in the future. Walsh noted 30 feet is measured from the grade, and that if this is a blank slate,they will have to work with the current codes. Perry Ryan, Lakewest Development, noted they received preliminary plat approval for this northern portion of the site in July of 2016, and included in those plans was a concept for the south phase. The proposed development will blend in with the natural environmental amenities and will consist of a U-shaped building to help create some privacy. Also included is a 10 percent recreational area. The plan proposes 192 units on approximately 10 acres of upland and the overall density will be 14.4 units per acre. Page 14 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Ryan noted Resolution 6655 talk about the rationale for higher density at this site and included the fact that this site was sandwiched between two high traffic roadways as well as its remote location away from other single-family development. Ryan indicated a minor modification has been made to the roadway. The proposed plan also exceeds the Metropolitan Council's goal of three units per acre and that they believe this is a great spot to put this higher density building. As it relates to building height,the sketch plan does show four stories,but some of the mitigating factors relating to the height is the topography of the site. The property sits above eight to ten feet below Wayzata Boulevard and an eight to ten-foot berm around the building with plantings is being proposed. As a result, people traveling by the site will only see the top two floors from the roadway. The site is approximately 450 feet away from Wayzata Boulevard,so people will not see it as much as they would on some of the other taller buildings in town. The smaller footprint is also more environmentally friendly. Ryan noted they are only putting hardcover on 18 percent of the site, which is a really low number and is environmentally sensitive. Barnhart displayed a rendering of the site on the overhead. Ryan noted given its location,the building will be completely hidden by the existing trees and will also have a berm around it. Due to the extreme distance away from the road, people passing by will only be able to see the top two floors. Ryan stated this slide shows a sketch of Stonebay at the main entrance. At the mid-point of the roof,the height is 38.7 and the high point of the roof is at 48.2 to 48.3 feet. The height of the roof at Orono Woods is 41.5 feet and the mid-point is 35 feet. The clock tower is up another ten feet beyond that. Ryan indicated these slides provide the Council with an idea of what a 35 to 40-foot building looks like. Ryan stated they are proposing to do a modified flat roof or gable,which would put it in the 35 to 40-foot range. Ryan stated the benefits of this project to the City is that the City's overall density increases,the building will have a low environmental footprint at 18 percent, existing infrastructure in the area will be used, and the former landfill site will be cleaned up. Printup asked if soil tests have been taken and what those show for stability of the soil. Ryan stated the soil borings did show some construction material,which will be cleaned up according to the MPCA. The MPCA has a formal procedure in place for when certain materials are found and how they are to be disposed of. Ryan stated a tremendous amount of soil borings have been taken showing where the material is. Curt Fretham stated they got mixed reviews on the height at the Planning Commission meeting and that they are open to dropping it to three stories if that is the direction of the City Council. Fretham stated they would be interested to know if the density they are proposing is acceptable to the City. Printup asked if there will be any trail easements along Old Highway 12. Page 15 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 8,2018 7:00 o'clock p.m. Fretham stated to his recollection there are no trail easements in that area because to the east it was a challenge to get across the wetland. Barnhart stated for the project on the corner of Orono Preserve there was an easement and that he will see whether there is an easement on this site. Crosby asked how they are planning on using the building. Fretham stated they have not made that decision yet and that it will either be senior housing or an apartment building. Crosby stated his concern would be the height issue. Crosby noted this Council was not here when those other buildings were discussed and that in his view they should stick to the 30 feet. Seals stated the density is a benefit to the City. Seals noted Orono Woods was before her time on the City Council and that they cannot go back in time to understand why they did what they did. Walsh stated one policy question is the density and the other is height. Walsh asked what the Dumas site is guided for. Barnhart stated to his knowledge it is 7-10 units per acre in the 2030 plan,which was lowered. This project was originally guided for 10-15 and that was lowered to support the flats. Barnhart stated the City does have the flexibility to lower the density in certain areas. Walsh noted across the street further down the road there is a senior housing project and then an apartment building. Printup stated in his view this is an appropriate place for the higher density and that he is in agreement with the 30-foot height. Printup stated it is important to plan out a trail system in this area heading east and then west to the dog park because if the City does not get the easement now,they will not be able to get it later. Walsh stated he is in agreement with the 30 feet and that this is a good spot for the higher density. Dankey asked if the one road in will be enough for all the housing units. Barnhart stated the next level of analysis will include Hennepin County. The original plan had two entrances,but the County suggested removing one. Hennepin County may revise that analysis to include two entrances. Seals stated in her view it will be a lot for one road. Rief stated part of the challenge is that the road rises in that area, and if the T is where the current drive is, then the two entrances are on opposite sides and they cannot see one from the other. Dankey asked whether Hennepin County is considering a sidewalk in the area. Rief indicated that will be discussed as part of Phase 3. Page 16 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Fretham stated they met with Hennepin County and talked about access points. Hennepin County wanted the entrance further to the west because it provided a longer line of sight. Hennepin County also talked about cutting down the rise in the road. Fretham noted he heard 30 feet in height for the building and that they will make it work if that is what needs to be done. Fretham stated if there is any latitude in that number,they would welcome that since people like 9-foot ceilings and it is a challenge to get three stories with 9-foot stories. Walsh stated when dealing with a blank slate,the City has to follow the rules, and if they start negotiating, everything is up for grabs. Walsh noted they have indicated as much to other applicants earlier this evening. Walsh stated there is some flexibility on where the 30 feet is measured from, and if they are down below grade a few feet,that will give them a little bit of flexibility. The City Council took no formal action on this item. MAYOR/COUNCIL REPORT Seals noted some announcements on the Comprehensive Plan were placed on the City's Facebook page, and if any resident has any feedback, she would encourage them to let Staff know. The e-mail addresses are located on the website. Seals noted citizen input helps direct the future. Barnhart noted the open house is set for October 25. Printup noted last week was Orono's homecoming and that it was fun walking in the parade on the brand- new street. Crosby commented it was a fun weekend and that he attended the charity event at the Gillepsie Center. Money was raised for the Meals-on-Wheels program and other programs offered at the Gillepsie Center. Walsh stated he had a great time at the fundraising event and that it was their annual wine tasting event, which was very successful. The Maple Plain Fire Department held their open house this past Saturday,with an American flag burning ceremony. Walsh stated he also attended the Orono Alumni breakfast Saturday morning where they recognized some of the outstanding Orono alumni. CITY ADMINISTRATOR'S REPORT Rief reported the City is a little behind on finalizing road projects due to the rain. MEA weekend is when work is expected to be completed on Crystal Bay Road. Rief noted the City has received a lot of resident feedback on some of the projects and that he has visited the various projects to speak with the residents. Rief noted this week he and Chief Farniok will be representing the City of Orono on the speaker panel at the upcoming Metro Area Managers meeting this Thursday in relation to the school lockdown. Walsh asked what the ETA is on the next road improvement bids. Rief stated the last he was told is they hope to have those preliminary plans done by the end of October or the first part of November. Page 17 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. CITY ATTORNEY'S REPORT None ADJOURNMENT Crosby moved,Printup seconded,to adjourn the Orono City Council meeting at 9:18 p.m. VOTE: Ayes 5,Nays 0. ATTEST: /�i, I _awe_ . Anna Carlson, City Clerk Dennis Walsh,Mayor Page 18 of 18