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HomeMy WebLinkAbout06-08-2015 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 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 Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Numbers 9, 11, and 12 were added to the Consent Agenda. Levang moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION OF MAY 26, 2015 Levang moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of May 26, 2015, as submitted. VOTE: Ayes 5, Nays 0. *3. REGULAR CITY COUNCIL MEETING OF MAY 11, 2015 Levang moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of May 26, 2015, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATIONS 4. CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT Steve Marsh, CenterPoint Energy, presented a check in the amount of $2,500 to Police Chief Correy Farniok. Marsh stated in April of 2015, the Orono Police Department submitted a Community Partnership Grant application through CenterPoint Energy. The grants needed to focus on safety equipment or safety related projects. The Orono Police Department requested CenterPoint Energy to assist with the cost of FLIR, which is a handheld thermal image camera. This thermal image camera is a lightweight handheld, dual - use camera. Marsh noted CenterPoint Energy has helped pay for nearly 700 safety-related projects over the years and that they appreciate all the work the local police departments do. The City Council thanked CenterPoint Energy for their donation. Page i of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. 5. LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) 2016 BUDGET LMCD Representative Jabbour stated the LMCD budget as proposed has not decreased drastically but the overall levy has decreased by 10.4 percent. The majority of the Executive Committee voted in favor of reducing the levy. Mayor McMillan thanked Gabriel Jabbour for his hard work on persuading the LMCD to make some reductions. Jabbour stated in his view the LMCD budget has become very routine and there is little discussion about the budget prior to voting on it, which he hopes to change in 2016. Jabbour indicated he is now going to try to persuade the LMCD that not all the money in the budget needs to be spent. ' Council Members Walsh and Cornick thanked Gabriel Jabbour for his work on the budget. PLANNING COMMISSION COMMENTS — DENISE LESKINEN, REPRESENTATIVE Representative Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 6. #15-3732 AMEND SECTION 78-1 DEFINITIONS — RE: BARBER SHOPS AND BEAUTY SHOPS — ORDINANCE NO. 150 City Planner Curtis stated Staff is proposing an amendment to the zoning code to define beauty shops and barber shops, which are currently undefined in the Code. The City was recently approached with a request to operate what was described as a high-end nail salon in an existing building in Navarre. Barber shops and beauty shops are permitted uses within the B-1 retail sales business district, the B-3 shopping center district, and the B-5 limited neighborhood business district. Staff is not proposing a change but rather to add a definition and for the types of services to be provided so that when a similar question comes up, Staff would be better to answer it. Curtis noted it is not unusual for the use to be specifically defined and this is an opportunity for the City to put some parameters on the use. The Council is asked to review and discuss the proposed definition as well as the ordinance as drafted. Planning Staff recommends approval of the draft ordinance. Mayor McMillan asked if there are any public comments regarding this item. There were no public comments. Council Member Cornick asked if Staff can add hair replacement to the list. Page 2 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. 6. #15-3732 AMEND SECTION 78-1 DEFINITIONS — RE: BARBER SHOPS AND BEAUTY SHOPS — ORDINANCE NO. 150 (continued) Curtis stated that is not on the current list but it could be added. Curtis stated that might be more cosmetic surgery or a medical type service and that Staff will need to look into that a little further. Walsh moved, Printup seconded, to adopt ORDINANCE NO. 150, Third Series, an Ordinance Adding New Language to Chapter 78, Section 78-1, Orono City Code Regarding the Definition of Barber Shops and Beauty Shops. VOTE: Ayes 5, Nays 7. #15-3734 CHRISTOPHER BOLLIS, 200/350 STUBBS BAY ROAD NORTH, SKETCH PLAN REVIEW Christopher Bollis, Applicant, was present. Senior Planner Gaffron stated the applicant has presented a sketch plan proposing that a 31 -acre piece of property comprised of two separate tax parcels be divided into seven single-family residential lots and one larger parcel to the southwest for potential future development. The properties are in the RR -1B, rural residential district. The larger parcel could be served by either Stubbs Bay Road to the north or the extension of Kintyre Lane that is proposed to serve the seven new lots would be served by a new private road and cul-de-sac that would be an extension of Kintyre Lane. All lots would be served by on-site sewage treatment systems and private wells. As it relates to the Comprehensive Plan, it is in conformity with the guiding in this area consisting of one house per acres. There is sufficient dry buildable for each of the seven lots. Each proposed lot appears to have 2.0 dry acres buildable. Some of the lots, based on topography and location of wetlands, might be more difficult than others to actually locate houses on. Gaffron stated this is a single-family development that is consistent with what is around it. To the direct south is a 2 -acre subdivision known as Kintyre, which has six lots. Each of those lots is two acres and, in some cases, a little bit smaller. That development was done as a PRD. From Staff's perspective, this development does not necessarily have to be a PRD and can be a standard plat. Gaffron stated the northerly parcel located at 350 Stubbs Bay Road has an existing house which accesses through a private driveway. The driveway also currently serves another house. One of the proposed changes to the neighborhood would be that that driveway would no longer serve a house. The expectation is that a new driveway would be constructed down to the cul-de-sac. As it relates to the general site characteristics, there is a road coining from Watertown Road known as Kintyre Road. The drainage generally is to the east and to the northeast. There are high points near the road and the site is generally much lower to the back. There is a fairly large wetland that extends past the property boundaries. There is also another wetland that will have an impact on the proposed development as it relates to Lots 6 and 7. The Planning Commission reviewed this at their May meeting and had some initial concerns about how Lots 6 and 7 would have enough land for two septic sites as well as a house. Page 3 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. 7. #15-3734 CHRISTOPHER BOLLIS, 2001350 STUBBS BAY ROAD NORTH, SKETCH PLAN REVIEW (continued) The Planning Commission also heard from the owners of 300 Stubbs Bay Road, who indicated that proposed Lot 6 is relatively flat and their existing views would be impacted. The Planning Commission suggested some screening be considered. Further, the Planning Commission discussed whether extension of the private road out to Stubbs Bay Road in the driveway corridor currently serving 300-350 Stubbs Bay Road would be difficult due to low topography and annual flooding. Gaffron pointed out the parcel that is not intended to be developed at this time. Gaffron stated the portion of the property not being subdivided to create building sites should be platted as an outlot unless the applicant intends to make it a building site. If platted as an outlot, it will not be buildable until or unless it is related as a lot. If platted as a lot, it will be subject to septic testing as well as the stormwater and drainage trunk fee and park dedication fee. Gaffron stated the applicants have indicated they do not have intent to develop it at the present time. While the property abuts Stubbs Bay Road North, the proposed building sites are more than 300 feet from that road and proposed to be accessed via an extension of Kintyre Lane. The City's standard for maximum length of a cul-de-sac road is 1,000 feet. Kintyre Lane, as it currently exists, is 900 feet in length and the proposed extension of 650 feet would bring it to 1,550 feet. While there are a number of private roads in the City extending well beyond 1,000 feet, it has been City policy to establish corridors for possible future development of through roads where the ability exists. The City Council should discuss whether a corridor should be dedicated from the proposed road extending west to Stubbs Bay Road. The applicants would prefer not to create that corridor. Gaffron indicated there is some flexibility on what can be done with that area. At the present time the applicant, Staff, and the City Attorney are working with the developer of Kintyre to establish easement agreements and covenants to allow for the extension of Kintyre Lane to serve this proposed development. The Comprehensive Plan shows a future trail being proposed along Stubbs Bay Road connecting from a conceptual trail along the south side of the Burlington Northern Railroad corridor down to the shore of Stubbs Bay. Gaffron stated whether this trail will ever be completed is unknown at this time, but a 10 - foot easement along the west boundary for future trail purposes should be explored. Creation of a new private road is likely to require stormwater ponding and/or other stormwater management measures. Given the general slope to the northeast, it is likely that ponding would occur in the area of one of the four proposed northerly lots. Ponding areas will require the establishment of easements and the ponding areas will not be credited as building area. The anticipated stormwater and drainage trunk fee is approximately $46,800. The wetland delineation report does require MCWD review and approval to confium the indicated boundaries. The MCWD would be involved in establishment of any wetland mitigation requirements if needed and would also be establishing appropriate wetland buffers for the development. The City will require a conservation and flowage easement over each of the wetlands as well as impose standard wetland setback requirements. The development will also be subject to the City's Conservation Design Ordinance. Page 4 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. 7. #15-3734 CHRISTOPHER BOLLIS, 2001350 STUBBS BAY ROAD NORTH, SKETCH PLAN REVIEW (continued) Gaffron noted this is a sketch plan review and requested the City Council discuss the following issues: 1. Should a road corridor for potential connection to Stubbs Bay Road North be established? 2. The applicant is advised to carefully review the buildability of the northerly lots in relation to ability to provide for conforming home locations and septic sites. 3. What is the applicant's intent for the portion of property not being divided? 4. What is the applicant's intent for the access to the existing house on Lot 5? Gaffron noted the applicant has indicated he will be leaving the width of Lots 1 and 2 at 200 feet. Gaffron stated this is a sketch plan review and no public hearing is required. Gaffron noted neighbors did attend the Planning Commission meeting and provided some comments regarding the proposal. Gaffron stated this development is fairly straight forward but that the City Council should provide some direction to the applicant. Cornick asked if the trail is likely to be constructed. Gaffron stated they would be talking about a trail along Stubbs Bay Road but there is no trail finther to the north to connect to. If a 10 -foot trail easement is granted along the west boundary, Staff would not expect the applicant to construct a trail at this time. Gaffron stated the easement for simply provide a corridor for a future trail, which does show up on the City's Trail Plan, but that the City has between $3 to $5 million in unfunded trail improvements contained within that plan. Staff would not recommend that the applicants be required to construct a segment of trail when there are no plans for an additional trail in this area. Walsh asked if there is any feedback from the police or fire department regarding the length of the cul-de- sac. Gaffron indicated there has not been discussion with either the police or fire departments at the present time. Gaffron stated the City has a number of existing private road cul-de-sacs that extend past 1,000 feet and closer to 1,500. The City's standard is 1000 -foot, but there are many existing private road cul-de-sacs that extend anywhere from 1,300 to 1,500 feet. Gaffron stated in the instance of a tomado where trees might block the road, it would be beneficial to have a second access point, but in a development like this, that option is not available. McMillan asked if the property that is not being included in this development is a conforming 2 -acre lot. Gaffron stated to his knowledge it is not conforming and might be a little bit less than two acres. Gaffron stated he is not sure if the Bollis family has decided what their plans are for that lot. Gaffron pointed out the existing house. McMillan asked if Lots 1 and 2 as depicted are 175 feet or 200 feet. Page 5 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June S, 2015 7:00 o'clock p.m. 7. #f15-3734 CHRISTOPHER BOLLIS, 200/350 STUBBS BAY ROAD NORTH, SKETCH PLAN REVIEW (continued) Gaffron indicated they are 200 feet. Gaffron stated Lot 2 has a wetland off to one side, and by the time the house is placed in conformance with the setbacks as well as septic sites, the building site will be a little tight. Gaffron stated there are few available options, but reducing the lots to 175 feet would not gain much and the septic site would still be up against the back side of the house. McMillan noted with two septic sites in the back yard, the lot would have certain restrictions. Gaffron stated the soil will not be able to be disturbed and no structures will be able to be constructed. Gaffron stated the location of the house is fairly limited and the buyer of the lot will need to understand the limitations. Gaffron stated the topography is a factor in some of the lots. Walsh commented the developer is attempting to get as many 2 -acre lots as possible. McMillan stated she would just like the developer to be aware of the restrictions. Cornick asked if the existing septic system with the proposed lot line going through it is conforming. Gaffron stated the City would not allow a lot line to go over a septic system and that the system would need to be abandoned or relocated. Staff would rather have the applicants move the lot line to avoid an easement. Gaffron stated the City has not allowed an easement over a septic system in the past. Council Member Printup asked how the City notifies future property owners of the restrictions with the septic sites. Gaffron stated there will likely be a homeowners association with this development and that standards would need to be included in covenants, which are filed with the chain of title, but that it is uncertain future homeowners will be aware of those limitations. Christopher Bollis, Applicant, stated as it relates to Lot 2, the proposed septic site is close to the proposed building site on the layout but the septic site could be placed further back and still fit within the lot lines and setbacks. Bollis indicated the building sites were shown as they are simply to reflect that there is room for a house as well as two septic sites. In addition, the septic site for Lots 3 and 7 could also be pushed back. Bollis stated in his view there is a fair amount of flexibility with the location of the septic sites. McMillan asked if any septic testing has been completed at this point. Bollis indicated there has not been any done. Walsh asked what the plans are for the outlot and why that is not being developed at this time. BolIis pointed out his parents' house and stated they would like to continue to live there for the indefinite future. Bollis stated his parents wanted a development that would fit the land the best it could and that the road coming off the cul-de-sac avoids the wooded section. Page 6 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, .Tune 8, 2015 7:00 o'clock p.m. 7. #15-3734 CHRISTOPHER BOLLIS, 2001350 STUBBS BAY ROAD NORTH, SKETCH PLAN REVIEW (continued) Bollis stated putting a corridor through the woods does not make a lot of sense for any additional development of that piece and there are no development plans for that area at the present time. Bollis indicated any future development could have access off of that road or off of Stubbs Bay Road. McMillan commented it looks like one and possibly two lots could be developed in the southwest comer with access off of that road. McMillan stated if people had the option of going south to Watertown or west to Stubbs Bay, they would likely take the private road to Watertown if they are heading east rather than out to Stubbs Bay. Gaffron noted the wooded area also has some fairly steep slopes, which would need to be avoided if a road was constructed and would bring the road close to the existing house. Printup asked if Staff is comfortable with running a road through there at some point in the future rather than focusing on it now. Gaffron stated at this point it would be platted as an outlot, and if it was ever developed, it would need to come back before the Planning Commission and City Council. McMillan asked if Lot 7 would be located in the woods. Bollis indicated it is the one wooded lot in the development. Bollis stated the proposed building pad is located in the clearing and not in the woods. Bollis indicated they do not want to remove more trees than what is necessary. Gaffron noted the neighbors have expressed a concern about their view given proposed Lot 6. Gaffron recommended the developer contemplate some screening in that area. Bollis stated they wanted to get the feedback from the Planning Commission and City Council first and then they were planning to meet with the two neighbors that would be impacted to get their input on what they would like to see. Council Member Levang stated her concern is the existing cul-de-sac on Kintyre Lane. Levang asked if the applicants have considered eliminating that cul-de-sac and making it a straight road. Bollis stated they would like to get the input from the City Council regarding that and that it is certainly something that could be removed if the Council desires. Bollis stated the proposed cul-de-sac is similar to the one in Graham Hill. Levang indicated she would like to see it removed. Levang stated she has a concern about cars stacking up on either side of the cul-de-sac, which would make it difficult as it relates to visibility given the rise of the hill. McMillan asked if the private road could be moved further to the east. Page 7 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. 7. ##15-3734 CHRISTOPHER BOLLIS, 2001350 STUBBS BAY ROAD NORTH, SKETCH PLAN REVIEW (continued) Bollis indicated they did look at different locations for the road, but what is nice about where the cul-de-sac is that it ends is a natural spot, which would create walkout lots for the lots in that area. Bollis pointed out the contours of the area on the overhead. Levang asked if the proposed homes will be similar to the existing homes on Kintyre. Bollis indicated he is not a builder, but that in his view the homes should fit the topography of the land and conform to the City's building standards. Bollis stated there will be an architectural review committee with this development. Bollis indicated he is also planning on building in the subdivision and that he wants to make sure it will be a nice development. Printup indicated he is okay with the concept moving forward but that there will be some tweaks that will need to happen with the septic sites. Levang asked if this area was farmed in the past. Bollis indicated it was part of the original Stubbs farm. Walsh stated he is in agreement with Council Member Printup and that the proposed layout looks reasonable. Cornick stated he would like to save the pine trees as much as possible. Cornick stated they appear to be in the middle of the proposed road. Bollis indicated the majority of it is overgrown arborvitaes. Bollis pointed out the two lots on the cul-de-sac. Bollis stated what happens ultimately with the cul-de-sac depends on the developer. Gaffron stated the homeowners association of Kintyre Lane will have a say in what happens with the cul-de-sac. The City Council took no formal action on this item. S. #15-3738 KUHL DESIGN BUILD ON BEHALF OF JOHN AND CYNDY BOWLSBY, 1025 SPRING HILL ROAD — VARIANCES Dan Murphy, Kuhl Design, was present. Curtis stated the current owners purchased this property in 2014 and are planning on making some changes to the home. Curtis noted the average lakeshore setback line runs through approximately the center of the home. All three of the projects are proposed to encroach partially or entirely ahead of the average lakeshore setback line. The applicant is requesting variances in order to construct an addition to the existing home on the east, structural modifications to an existing portion of the west side of the home, and construct a lake yard pool within the average lakeshore setback and within the required 100 -foot setback from Long Lake. Page 8 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 9, 2015 7:00 o'clock p.m. 8. #15-3738 KUHL DESIGN BUILD ON BEHALF OF JOHN AND CYNDY BOWLSBY, 1025 SPRING HELL ROAD — VARIANCES (continued) A variance to permit hardcover within 75 feet of the ordinance high water level is also requested. The property is served by a private septic system and must meet a 100 -foot structural setback. The addition to the eastern portion of the home is proposed to be set back 84 feet from the ordinary high water level and lakeward of the 100 -foot setback. The addition/modifications to the western portion of the home are ahead of the average lakeshore setback line but will meet the 100 -foot setback. The in - ground pool is proposed to be 60 feet from the OHWL and lakeward of both the 100 -foot and average lakeshore setbacks and would also consist of hardcover within the 0-75 foot setback. The Planning Commission at its May 18 meeting held a public hearing and reviewed the application including the evidence submitted. There were no public comments made during the public hearing. The adjacent lakeshore neighbors provided written comments in support of the variances. Following the public hearing, the Commission voted 5 to 0 on a split motion as follows: 1. Approval of the lake setback and average lakeshore setback variances to allow construction of the eastern addition and the modifications to the portion of the home on the west; and 2. Denial of the lake setback, average setback, and hardcover variances relating to the pool. Following the Planning Commission meeting, the applicant has provided additional supporting documentation and would like the opportunity to speak further about the practical difficulties tonight. Additional hardcover calculations have also been provided for the 0 to 75 -foot zone, which reflect a proposed increase of 760 square feet of hardcover as a result of the pool and pool deck. Planning Staff' has provided a practical difficulties analysis on Pages 4 and 5 of the Planning Commission staff report. Based on this analysis, Staff recommends approval of the variances to allow construction of the eastern addition and the modifications to the portion of the home on the west. Staff recommends denial of setback and hardcover variances relating to the pool. Staff finds that the location of the existing home currently encroaches into the 100 -foot setback which makes it difficult to make modifications or additions to the lake side of the home. The existing home is one-story. One story additions are proposed, which lessen the massing when viewed from the lake. Due to the elevation change from the lake level to the home level, the two additions to the home may not be visually apparent when viewed from the lake. In addition, it does not appear that the adjacent property owners will be adversely impacted by the two additions to the home. Staff finds that there are special conditions relating to the existing home and property which support granting the requested lake setback and average lakeshore setback variances for the additions. There are special conditions that Staff finds relating to the existing home and property that support granting the requested lake setback and average lakeshore setback variances for the two home additions. However, the proposed pool will be located within the average lakeshore setback, within the 100 -foot structure setback, and almost entirely within the 75 -foot zone where no hardcover or structure is permitted. Staff finds that although the visual impacts of the pool will be minimal from the lake and from adjacent properties, the setback and hardcover variances would serve merely as a convenience to the owners as there are alternative locations where such an amenity could be located on the property. Page 9 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. 8. #15-3738 KUHL DESIGN BUILD ON BEHALF OF JOHN AND CYNDY BOWLSBY, 1025 SPRING HILL ROAD — VARIANCES (continued) The granting of variances to permit a pool to be located 60 feet from the OHWL of Long Lake is not consistent with the goals of the Comprehensive Plan, nor would it be in keeping with the intent of the zoning code. Based on the information provided, it does not appear that the applicant has proven practical difficulties which support the granting of setback and hardcover variances to construct the pool as proposed. Planning Staff recommends approval of the variances to allow construction of the eastern addition and the proposed modifications to the portion of the home on the west. Staff recommends denial of setback and hardcover variances relating to the pool. John Bowlsby, Applicant, stated approximately three and a half years ago, he and his wife started to look at one -level homes with enough room to accommodate his children and grandchildren when they visit. Bowlsby stated after having a number of discussions with the Conley family, reading about the architecture of the home and all the planning that went into setting the house ecologically on the property, they fell in love with the property. Bowlsby stated in his view it is an incredibly unique property but that the 1977 structure requires some updates. Bowlsby indicated they would like to update the kitchen and master bedroom as well as construct a pool on the lakeside of the home. Bowlsby stated as it relates to the pool, he spoke with a gentleman from Ecology Specialists and a gentleman from Applied Ecology Services. Bowlsby indicated he had them out to walk the land and look at the topographical maps. The property is designed to drain away from the lake and back into the natural areas. Bowlsby stated the actual percolation distance of the water in that watershed is closer to a hundred and some feet. Bowlsby stated the one thing they wanted to do was make sure they maintain the way that the home fit into the area. Bowlsby stated he asked the two gentlemen where the best location of the pool would be and they indicated the proposed location is the ideal site. Bowlsby stated a pool in that area would not be seen from either adjoining property or from the lake and would also not impact the drainage. Bowlsby noted it would obstruct the natural drainage in the area if the pool were placed anywhere else as well as be very visible from the lake. Bowlsby noted they currently have 89.2 percent of the property in either wetlands, woods, or professionally restored natural prairie, and that if the Council approves both additions, it would be 88.7 percent. Curtis displayed a video from the lake of the property. Dan Murphy, Kuhl Design, stated he wanted the video to be shown so the Council can understand the visual impact. Murphy stated the main goal with the placement of the pool is to protect the uniqueness of the property. Murphy stated the lake in this area is very clear due to the wonderful job they did with the drainage. Page 10 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8,2015' 7:00 o'clock p.m. 8. #15-3738 KUHL DESIGN BUILD ON BEHALF OF JOHN AND CY-N-DY BOWLSBY, 1025 SPRING HILL ROAD — VARIANCES (continued) Murphy stated for the pool to be located anywhere else, it will require a retaining wall due to the pitch of the yard. Murphy stated he could put the pool 150 feet back but it will require a retaining wall and it will be visible from the lake. Murphy stated in his view this is the best location for the pool. Murphy stated Drainage Plan 1 depicts the flow of the drainage from this property and the adjoining properties. The drainage goes through the restored prairie to help ensure the water is filtered and acts similar to a drain field. Murphy stated the only time water starts to drain down to the lake is off of the treetops on top of the bluff. Murphy stated Drainage Plan 2 shows the drainage after the pool is constructed in the proposed site. Murphy noted the drainage will not be impacted at all by the pool in this location. Murphy stated Drainage Plan 3 shows the changes in the drainage if the pool is constructed in a different spot. Murphy indicated the area would need to be leveled out and a drain tile system would need to be installed to prevent the prairie area from washing out. Murphy displayed a photograph of the shoreline and the 75 -foot setback. Murphy stated in order to construct a standard pool; it will require a terraced retaining wall. Murphy displayed a picture of the front of the house and the proposed pool placement. Murphy indicated they are proposing the house to be as close to the house as possible. Murphy displayed pictures of the house from different angles. Murphy noted John and Cyndy Bowlsby have also cleared all the buckthorn and invasive species from the property and are in the process of creating a shoreiand reclamation plan, which will help to stabilize the shoreline. Murphy displayed a picture of what the shoreline will look like following the restoration. Murphy stated at the end of that project, everything will be put back into natural preservation. Murphy stated they are asking for the City Council to be a part of choosing the ecologically correct location for the pool so everyone can benefit from an environmental standpoint. Murphy noted the neighbors are in favor of the proposed location. In addition, if the Council looks at the Comprehensive Plan, they are meeting what the Comprehensive Plan means by creating the smallest possible footprint and placing the pool where it is truly meant to be and leaving the rest of the area undisturbed. Printup asked what the diagram with the red arrows depicts. Murphy indicated that drainage plan has a drain the system and depicts the way the drainage would go if the pool is placed in another spot. Murphy stated without the drain tile system, the area would start to erode near the retaining wall. Murphy pointed out the area where the pool would need to go without the variances. McMillan asked if there is a wetland area on the west side. Page 11 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. S. #15-3738 KUHL DESIGN BUILD ON BEHALF OF JOHN AND CYNDY BOWLSBY, 1025 SPRING HIII ROAD — VARIANCES (continued) Murphy indicated there is not. Murphy stated the current city sewer ends on the other side of this property and that the Bowlsbys are paying to have the city sewer brought across the neighbor's property to their property so they can eliminate the septic system. Murphy stated the adjoining property owners have already agreed to the easement but that they are waiting on the paperwork. McMillan asked if this area is located within MUSA. Gaffron indicated it is. McMillan noted to the east of the house there are a number of trees and to the west of the house there is ii little garden area. McMillan asked if that garden area was considered for the pool. Murphy stated that location will still require a fairly large retaining wall. Murphy stated the wall would be visible from the lake and would change the drainage. Murphy stated the pool would also be set back further from the house. McMillan commented most people do not want trees around their pool. Murphy noted the tree canopy is more out in front, and that when the sun is up, the proposed spot is fairly sunny. McMillan stated as the sun moves to the west, there will be quite a bit of shade, which is something to consider. Murphy indicated they are not proposing to remove any trees. McMillan stated in her view the location to the west would not require any variances. McMillan stated access to the pool is important, but that when she was growing up, a standard rule was that no one was allowed to swim unless somebody was right there at the pool supervising. Murphy pointed out the kitchen and living room. McMillan stated the pool should also not be so close to the house that someone will fall in. Walsh stated the biggest issue is the 0 -75 -foot zone and that over the years other property owners have wanted to place a pool within the 0-75 foot setback but the City has not allowed it. Murphy stated in his view this is a unique situation and that the Comprehensive Plan covers visual impacts from the lake. Murphy stated if the pool is located anywhere else, it will be visible. Murphy stated in his view there are very few lots that will not have a visual impact on the lake if a pool is located in the 0-75 foot setback. Murphy noted there will be a visual impact if it is not placed in the proposed spot and that other sites would be more environmentally detrimental. Murphy stated the property owners are willing to do what is necessary to improve the property. Page 12 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. 8. #15-3738 KUHL DESIGN BUILD ON BEHALF OF JOHN AND CYNDY BOWLSBY, 1025 SPRING HILL ROAD — VARIANCES (continued) Walsh stated the original property owners constructed the house close to the lake and that the applicants are proposing to extend the house closer to the lake with the addition of the pool. Walsh stated in his view the 75 -foot setback is a high priority, and if this pool is allowed, it could open up a lot of issues. Levang stated the 75 -foot setback is a hard and fast rule and hardcover is typically not allowed in that zone by the City. Levang indicated she is not in favor of the pool in the proposed location and that there are other locations on the property where a pool could be located. Walsh stated some of the other issues could be mitigated, such as by planting shrubs and bushes, but that the applicants are running into a concrete wall with the 75 -foot setback. Walsh stated the applicants will need to look at other options. Murphy stated the topography of the land also needs to be taken into consideration. Cornick stated he fully supports the recommendation of the Planning Commission. Cornick stated in his view the pool should be placed by the tennis court, which will solve the hardcover and setback issues. Murphy pointed out it would be a long distance to the pool from the house and that the pool would likely not get used very often. Bowlsby indicated it is 150 yards. Bowlsby stated when he did his research on the 75 -foot setback, he was told the City needed to find some kind of a guideline to use, which does not mean that 76 is okay and 74 is no good. Bowlsby stated this property is incredibly unique in the way it is laid out. Bowlsby stated while the proposed location may not be the best place for the pool in regards to the sun, they are attempting to do the best thing for the ecology of the area and maintain the property the way it was designed. By relocating the pool, it will hurt the ecology and be visible from the lake and to the neighbors. Bowlsby stated everyone who has looked at it agrees that the proposed location is the best spot for the pool and that the 75 -foot setback is a guideline. Bowlsby stated in this particular instance the setback does not work. McMillan noted the Council has turned down previous requests for pools in the 0 -75 -foot setback, and if the guidelines are not consistently applied, they tend to become meaningless. McMillan stated in her view there are ways to mitigate the drainage and that Orono has been very hard and fast with the 0-75 foot setback. McMillan stated while it may be hard to say no in this particular case, the 0-75 is a sacred zone and the City does not want to see any hardcover in that area, especially something accessory like a pool. McMillan noted the City has allowed people to have homes in that area simply because there is no other place for a residence. Levang moved, Printup seconded, to direct Staff to draft a resolution approving the lake setback and average Lakeshore setback variances to allow construction of the eastern addition and the modifications to the portion of the home on the west, and to deny the lake setback, average setback and hardcover variances relating to the pool. VOTE: Ayes 5, Nays 0. Page 13 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT *9. CITY SIGN RETROFLECTIVITY POLICY Levang moved, Cornick seconded, to approve the City of Orono's Sign Retroflectivity Policy. VOTE: Ayes 5, Nays 0. 10. NAVARRE LIGHT POLE HOLIDAY DECORATIONS Public Works Director/City Engineer Edwards reported the banners were placed on the poles last week. Edwards stated the purpose of this item is to obtain Council input on decorations for the Navarre light poles. Edwards stated prices are reasonably low for holiday decorations if purchased at this time of the year. At the last work session, Edwards stated he received feedback from members of the Council and Staff and that he has looked at several different kinds of decorations. Edwards stated in his view a 3 to 5 -foot decoration would fit with the poles. The decorations with LED lights run in the $400 range and then increase from there. Edwards indicated he has included some price estimates on the cost of one decoration, the cost for ten decorations, and the cost for 32 decorations. Edwards noted 10 of the light poles have an attachment for a hanging basket and that there are 32 light poles in total. Edwards displayed a sketch showing what a 3' x 3' and a 3' x 5' decoration would look like size -wise on the poles. Edwards stated he is looking for Uouncil direction on whether decorations should be purchased and how many. Edwards stated he would recommend not going bigger than five feet and going with a decoration that has LED lights as opposed to other type of lighting. McMillan stated she would like to think about the size a little bit further and take another look at the banners. McMillan noted the decorations would need to be stored for a number of years and that she would like to get the right size. Levang noted the bigger decorations also cost more. Edwards indicated he looked at five or six websites. Edwards stated the LEDs would add approximately $75 to $100 to the cost of the decorations but that the City would experience a cost savings with the LEDs versus other types of lighting. Levang asked what type of warranty the decorations come with. Edwards indicated he would have to check on that. Walsh asked how many light poles there are. Edwards stated there are a total of 33 but that only 32 of them are able to accommodate the decorations. Page 14 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. 10. NAVARRE LIGHT POLE HOLIDAY DECORATIONS (continued) Levang noted the City Council has discussed not doing all of the poles. Edwards stated there are ten that have hanging basket attachments, which is why he chose that number in his estimates, but that the Council could do more. McMillan suggested the Council consider doing ten this year and then reviewing it. McMillan stated they could do west of County Road 19, with six on one side and four on the other. McMillan stated in her view it would be better to concentrate the decorations in one area rather than having them scattered around. Walsh asked if the Navarre Initiative Group is excited about getting some holiday lights in Navarre. Ralph Kempf, 3675 Togo Road, stated the Navarre Initiative Group has been concentrating on other things but that they would like to see it happen. Kempf stated in his view the addition of the decorations will give the impression that the City is taking steps to brighten up the downtown area. McMillan stated in her view the snowflake is bright, striking, and festive. Levang asked if the websites indicate how much light comes off of the decorations. Edwards indicated there are a number of options ranging from soft white light to LEDs. McMillan stated the decorations also do not have to all be the same. McMillan suggested Edwards e-mail the options to the Council and that they can review this item in a couple of weeks. McMillan recommended the options also be given to the Navarre Initiative Group. McMillan suggested the Council take another look at the Navarre corridor as well. Cornick asked what the latest date to order them would be. Edwards stated if the City would like them installed by Thanksgiving, it could probably be as late as October but that sooner is better. Cornick suggested people be allowed to vote on the decorations at the police facility open house. McMillan stated the Council can narrow it down to four or five and then have the public vote on the one they prefer at the open house. PUBLIC WORKS DIIRECTOR/CITY ENGINEER'S REPORT, CONTINUED Edwards reported construction on Stubbs Bay Road has started and that work will be commencing on Watertown Road in the near future. Edwards noted the banners have been installed in Navarre. Edwards stated one of the light poles will need to be replaced because it was hit by a vehicle. Page 15 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. PUBLIC WORKS DIRECTORWITY ENGINEER'S REPORT (continued) Edwards stated notice went out to residents in one area of the City regarding sewer cleaning and inspection. The Public Works Department attempts to do one-fifth of the length every year but was not able to last year due to the flooding. Edwards indicated the Public Works Department also has an intern from Bolton & Menk collecting GPS data to update the City's records. In addition, the Public Works Department has done a series of minor repairs at the various facilities and is continuing to clean up the parks. Edwards noted there was an incident on Old Crystal Bay Road last week which resulted in the road being closed between Fox and Watertown Road. Edwards stated over time a small hole developed in the culvert, which eventually eroded a channel underneath a pavement. The pavement gave way and created a hole approximately eight feet deep. An emergency repair was performed that evening. Edwards stated the Public Works Department pulled the old culvert out, replaced it, and that they will be doing a permanent pavement repair later this spring. MAYORICOUNCIL REPORT Walsh stated he spoke with an Orono constituent about some short-term house rental issues. Walsh stated given the new technology, people are able to advertise their house for rent via apps. Walsh stated this has started disrupting one neighborhood in particular. Walsh noted this issue is also being discussed in Eagan. Walsh stated this is becoming more of an issue with the new technology and that Orono may want to look at that to avoid people renting their homes out every weekend. Walsh stated he also has been in contact with a number of people on Fox Street that have signed a petition requesting that their road be improved. Walsh noted Fox Street is an MSA road. Approximately 20 different neighbors have signed the petition so far. Walsh indicated he has forwarded the petition to the rest of the Council and the City Administrator. Levang stated the latest edition of the City newsletter is out and contains a number of interesting articles and events that are coming up in the community. CITY ADMINISTRATOR'S REPORT Loftus noted she has met with Mr. Beyers of Hennepin County regarding the grant the county received for the intersection at County Road 15. Loftus stated at the present time Hennepin County is anticipating it might be a 2017 or 2019 project. Loftus stated in the interim, Mr. Beyers is curious to know whether Hennepin County should engage some of the residents on testing out some temporary improvements for the continuous right-hand turn lane for Kelley Avenue. Temporary options include adding some striping to that area or adding some temporary bollards and then gaining the input from the residents on its effectiveness. Walsh stated in his view, the more data that is collected, the better. Page 16 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT (continued) Levang stated she supports demonstrations in order to look at the efficacy of any system, which would also show that the City is doing something about the issue. Loftus noted Hennepin County is hoping to do the project in 2017, but based on the County's CIP, it might not be until 2019. Walsh stated the testing may also help put a stronger spotlight on this intersection. It was the consensus of the City Council to do the testing. Loftus reported the new Building Official started on May 26. Loftus stated a week and a half ago a number of police commission members from Orono, including Mayor McMillan and Council Member Levang, attended a use of force training. Loftus stated use of force by police has become a big national issue and that the training was helpful to get an understanding of the complexity and quickness of the decisions the police have to make. Levang commented in her view the training was invaluable and that she sees things differently after the training. Loftus stated to her understanding the police department plans to open it up to the rest of the Council and the public later this year. Loftus stated she would like to invite the community to the open house at the Orono police facility on Saturday, July 11. The event will run from 9 to 1 p.m., and there will be a number of demonstrations, canines, car seat inspections, and tours of the remodeled facility. Cornick stated at the Navarre meeting, they decided they would help promote the September 20 Navarre festival at the Public Safety Open House. Levang indicated there will be a flyer put together and distributed for that event. Cornick stated he did have a resident call him last week about how the build -out by Mediacom is going this year. Cornick stated the resident had expressed a concern about shortage of parts. Loftus stated last year Mediacom reported back to the City that there was a fiber shortage that held up the staging, but that she has not heard anything this year. Cornick indicated he did speak with one of the construction workers who indicated they should be up and running by the end of June. Loftus stated Mediacom has been working very quickly and that their deadline is October. Loftus stated the only issue the City has had with Mediacom is a lack of communication with the residents about when they will be in their area to perform the work. Mediacom has been encouraged to better communicate with the residents on when they will be in their area doing the work. Page 17 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT (continued) Loftus stated she did receive a call from a gentleman in Navarre about the speed of the Internet and that there were some issues regarding private roads. Loftus stated in that particular case a gentleman located on a private road did not want the fiber installed in front of his house, which would have prevented the rest of the road from getting the Internet, but that issue has been resolved. Loftus noted the number of complaints is down from last year. Cornick suggested including some information in the City newsletter about private roads, public roads, and utilities. *11. MEMORANDUM OF UNDERSTANDING (MOU) FOR CITY ADMINISTRATOR Levang moved, Cornick seconded, to approve the Memorandum of Understanding between the City of Orono and Jessica Loftus. VOTE: Ayes 5, Nays 0. *12. ORONO POLICE GARAGE — PAY REQUEST NO.9 Levang moved, Cornick seconded, to approve the payments to the contractors working on the Orono Police Garage Project as listed in Staff's Memorandum dated June 8, 2015, in an amount totaling $9,072.10. VOTE: Ayes 5, Nays 0. *13. LICENSES AND PERMITS Garbage Hauler 1. Allied Waste (DBA: Republic Services of Twin Cities) 9813 Flying Cloud Drive Eden Prairie, MN 55347 Levang moved, Cornick seconded, to approve the above listed license. VOTE: Ayes 5, Nays 0. *14. CLAIMS/BILLS Levang moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. CLOSED MEETING McMillan stated pursuant to Minnesota Statute 13D.05, Subdivision 3, the City Council of Orono is closing the meeting to the public to discuss ongoing litigation in the matter of Orono versus Nygard. No further City business will be conducted after the closed meeting except to adjourn the Council meeting. Page 18 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 8, 2015 7:00 o'clock p.m. Levang moved, Cornick seconded, to enter into closed session pursuant to attorney-client privilege to discuss Orono versus Nygard. VOTE: Ayes 5, Nays 0. (The City Council went into closed session from 8:56 p.m.) ADJOURNMENT The Orono City Council meeting adjourned at 9:44 p.m. VOTE: Ayes 5, Nays 0. ATTEST —, L-IZ4-� 'Dla6 Tiegs, City Clerk 11. Jrx hf �L Lih Tod McMillan, Mayor Page 19 of 19