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HomeMy WebLinkAbout10-12-2020 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 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, Matt Johnson, and Victoria Seals; City Council Member Aaron Printup was absent. Representing Staff were City Attorney Soren Mattick, Public Works Director/City Engineer Adam Edwards, Community Development Director Jeremy Barnhart,City Engineer Laura Oakden, and City Administrator Dustin Rief. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF SEPTEMBER 28,2020 2. COUNCIL WORK SESSION MINUTES OF SEPTEMBER 28,2020 3. CLAIMS/BILLS 4. REDUCE DEBT LEVY REQUIREMENT SERIES 2014A 5. REDUCE DEBT LEVY REQUIREMENT SERIES 2016A 6. APPROVAL OF RENTAL LICENSE 7. HENNEPIN COUNTY 2021 CONTRACT AMENDMENT FOR RESIDENTIAL RECYCLING GRANT—RESOLUTION 8. CITY HALL RECEPTION AREA COVID-19 REMODEL 9. APPROVAL TO ACCEPT DONATIONS FOR BIG ISLAND PARK Mayor Walsh thanked the Goodman Foundation for donating $10,000 towards the Big Island Foundation. 10. LA20-000058—MARK & MARY ENGER, 2697 CASCO POINT ROAD, VARIANCE —RESOLUTION 11. LA20-000062—BOB MOLSTAD WITH SATHRE-BERGQUIST O/B/O ELLEN FORCIER, 4780 NORTH ARM DRIVE WEST, VARIANCES —RESOLUTION 12. 2520 CASCO POINT ROAD, RON AND HOLLY ROCCA, ACCESSORY BUILDING REMOVAL AGREEMENT Page 1of24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. Crosby moved,Johnson seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. Walsh moved, Crosby seconded, to terminate the employment of Roger Peitso effective immediately, as the City is looking to outsource more. VOTE: Ayes 4,Nays 0. PUBLIC COMMENTS Tiffane Ferrer, 980 Heritage Lane, thanked the Council and the Mayor for supporting the Police Department and said she is saddened and disgusted that some people have chosen to make this political. She stated the Police and Fire Departments that serve this great City are not elected officials, nor are they a political body. She said the Thin Blue Line Flag has been around for over 100 years and should not be called the "Blue Lives Matter" Flag;that is solely used to sway a political agenda. The fact that people are claiming to support the great men and women of the police force but are also asking for that very flag that shows support to be taken down is pure hypocrisy. As a community, they should all be able to come together to support police, fire and first responders without any hidden political agendas. She prays that those opposing the Thin Blue Line Flag never need their services, but if they do, rest assured the very people they are refusing to support will indeed support them. She said today the lunacy needs to end and she is willing—along with other community members present tonight—to buy the City a flagpole so they can properly and proudly display their support for Orono's first responders. She asked the Council to please not back down to minority naysayers, asking what will they come for next,the American Flag. Finally, Ms. Ferrer said shame on you for all the people who have used this flag to be divisive with their words, such as "racist" or"white supremacy." Their police officers come in all colors. Claire Berrett, 1085 Brown Road South, shared that the Thin Blue Line Flag and the symbol is the thin line between civil society and chaos, a symbol that has been around for over a century and is apolitical in nature and supports Law Enforcement and Peacekeeping Forces. There may be others who try to ascribe meanings to that symbol, however, no civic body or human can prevent other citizens from ascribing different meanings for themselves, but there is no responsibility to accommodate everyone in a City or anywhere. She said if other perspectives demand the absence of a flag that is apolitical, that is a political action in and of itself, which would be electionary. She agrees with Ms. Ferrer when she asked where does this end? Ms. Berrett has heard comments on social media that there are some that think the United States Flag, the beautiful symbol of this country is racist and divisive, so should they take that down? Of course not;Police Officers are of all races and all political persuasions. The Thin Blue Line flag shows support for all of them. Ms. Berrett strongly encourages the City Council to stand their ground and keep it flying. Kendall Qualls, 755 Lilium Trail, Medina, stated he is a candidate running for U.S. Congress in the 3rd District and asked to voice his support not just for the Police Officers but for the civility Page 2 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. and coming together as Americans that everyone wants. He noted they are waiting to see who is going to do it first, and said the Council has the opportunity to do that...to rise above the rhetoric, because the best movements in the country have never come from the top down, rather they've come from the bottom up. He wants to make clear that the Police Officers that serve us wear the patch of the City of Orono and their paychecks are from the City of Orono —he said "they are part of us." He would like everyone to rise above this issue of divisiveness, because at the end of the day when they need protection, first responders are there without qualifiers such as the skin color of the victims or the skin color of anyone who needs help. Mr. Qualls noted he has never seen our Country so divided and to those that voice opposition to this flag, he would like to appeal to their better sense and better heart of compassion and bringing the Country together. Just because the U.S. has a President that supports the Police, doesn't mean people have to do the exact opposite of a President that they do not support. He said this is a time to bring the Country together and not bring politics into it, noting these men and women are out there not because of their salaries but because they have a drive to serve and he believes the City needs to support them in a big way. Mr. Qualls said this is the perfect time to send the signal, not just to support the flag but everything else that is embodied in the flag is that"we are not perfect, but we strive to get better every single time." Richie Anderson, 3205 Crystal Bay Road, wants the Council to know they are up there, taking the shots,taking the phone calls and he wants them to know that "we are all behind you, we back you in your decisions" and noted they have tough calls all the time. He stated the guys out in the front taking arrows, especially the Council, get arrows slung at them because they are there and he wants them to know that "we got your back all the time." 13. ANDREW MYERS HOUSE DISTRICT 33B Andrew Myers, a Minnetonka Beach resident for approximately 10 years, served on many Commissions, and thanked the City Council for stepping up and serving the City. He noted he was a Councilmember, small business owner and is running for Minnesota House in District 33B. He said he is running to try and make a difference, and as Mr. Qualls said, everyone is not perfect here but are striving to do better and from what he has seen, they can all do better. He is proud to say he is endorsed by the Police and Peace Officers Association and stated meeting with them and having open lines of communication is very important to him. He left some information with Mr. Rief for the Councilmembers. PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT 14. HOLIDAY TREE LIGHTING EVENT REQUEST FOR FUNDS City Engineer Adam Edwards noted a request from the Tree Lighting Committee for public funds to be expended for a Holiday Tree Lighting Event. This year the Committee is looking to expand the offerings to include a reindeer petting zoo and a fireworks display. In particular the fireworks display is rather Page 3 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12,2020 6:00 o'clock p.m. costly and will come with additional requirements that the City will need to take if the Council approves the action. Mayor Walsh noted Seals is also on the Committee for this fabulous event that has been tremendously successful in the community. Seals noted this year has been a little funky and most will be cooped up this winter, so they thought they would double down and find a way to be outside that is an energetic, fun event to get people together. The group came up with ideas to expand including marshmallow roasting through North Mallow in Long Lake, and noted they are donating everything for that part of the event. She agreed the biggest cost is the fireworks display and said she thinks $10,000 is pretty cheap as it is the same group that does the Lafayette fireworks and she would've thought it would be$30,000. She said they are still working to see if fireworks can be sponsored by a local company, but also know they must plan. The Committee wants to secure the funds so they can lock some of these things down. She noted the team has done a nice job to make sure it is COVID-friendly, it is outside, and they won't break any rules or get the City in trouble. Mayor Walsh noted they are putting$50,000 in the Parks Fund in 2021, which is upping the game, and he asked if the money would come out of that fund. Edwards answered in the packet under No 4)Funding, a portion will come out of Park, Golf Course and Police Operating Budgets and the rest from Contingency Funds. He noted in future years, it could be budgeted into the Parks Fund and they could perhaps put a budget line in for events of this type. Mayor Walsh asked how much is in the Contingency Fund. Edwards replied the Contingency Fund has $30,000 in it and they have used approximately$100 out of the fund. Johnson noted the Big Island Fund sealed their commitment with this last donation. Mayor Walsh noted this would be the worst-case scenario in using the Contingency Fund, but the goal is to get a sponsor. Seals stated that is the goal, but time is not on their side. She said they talked about doing an Octoberfest and they would not do that in the next year, instead they would double down on Christmas. Seals moved,Johnson seconded,to authorize the use of public funds to support the Holiday Tree Lighting Event. VOTE: Ayes 4, Nays 0. PLANNING DEPARTMENT REPORT 15. LA20-000056—KUHL DESIGN BUILD, 3249 CASCO CIRCLE, VARIANCE Dan Murphy, Kuhl Design Build, 1515 5th Street South, Hopkins, Applicant, was present. Staff presented a summary packet of information. Planning Staff finds the practical difficulties are not met and recommended denial and that the Planning Commission voted denial 3-2 Page 4 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12,2020 6:00 o'clock p.m. (Ressler and Gettman). Council should review the application and determine if practical difficulties are met for the variance. Dan Murphy of Kuhl Design Build acknowledged a 3-2 vote in denial and noted the neighbors are very much in support of this project;the issue they are running into is that it is a very old structure and is non-compliant as it is. He stated they could rebuild it there, but to rebuild the roofline - because it is very flat, old and beaten up—to meet the building code they would have to get another variance anyway. He clarified no matter what they do,they would need to get a variance on the roof because it is such a flat pitch and in looking at the packet, the Council can see there is only a very small area of the roof that actually requires the variance; most of the structure is fine. Because they are changing the pitch, a tiny sliver of it comes into play when dealing with the setback issue. He noted the drainage issue came up at the Planning Commission and the issue was addressed, they showed it to the neighbors and discussed it with them, and neighbors are completely on board because it will look a lot better in the neighborhood. Mayor Walsh appreciates the neighbors not having a problem with the building, but asked if it meets the practical difficulty standard for a non-conforming structure. He can't think of an example where they've allowed someone to expand to a non-conforming on a setback. He hasn't seen what the practical difficulty is yet that would require the need to do the project. Mr. Murphy replied the practical difficulty is that if they do anything, they must build it to code and if they build it to code they need a variance. Mayor Walsh stated they are then creating their own practical difficulty. Mr. Murphy stated there isn't another option with what they need to do with the structure right now because the roof is going to give way soon, so it's either let it continue to dilapidate or build the structure back up so it looks good in the neighborhood and can stay, otherwise it is just kind of an eyesore. If they could put a new roof on it without having to get a variance, they would. Mayor Walsh said they could put a new roof on the exact way it is. Mr. Murphy said if they start taking the beams off to give the support that is necessary by code, then they can't. Mayor Walsh stated they can build like-and-kind without having to go up further in a non- conforming use, and that is the issue. Mr. Murphy asked can they supersede code. Mayor Walsh noted they are not superseding code,they are getting like-and-kind and added they could tear the whole house down and build like-and-kind;the same height, the same footprint. Mr. Murphy asked doesn't it have to be built to code. Page 5 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. Mayor Walsh replied, generally speaking it has to be built to code but they can still build like- and-kind from a height. If they are in a non-conforming use and are two feet and supposed to be seven-and-a-half feet and tear down to the studs,they can build it back right where it was. Mr. Murphy replied they are building it right where it was; however,they are just changing the roof pitch. Johnson noted that is where the problem lies;the minute they make a roof go higher than the existing, that is where the Council hasn't been allowing it. Crosby asked if the current roof pitch would not be to code. Mr. Murphy answered the current roof structure,the framing and the span of the roof trusses is not to code. Crosby responded, like Mayor Walsh said, if they build it to like-and-kind, they are not raising the roof or creating their own difficulties. Johnson said that is right, the Applicant can do that. Mr. Murphy said he could supersede code if he builds to the Planning Commission. Johnson noted he is confusing code with the basic umbrella of space that they have. He said what happens underneath the parameters of the existing structure is Mr. Murphy's job as a builder to make sure it meets code. Mr. Murphy asked if the walls stay the same height, for example the walls are eight feet tall, his building code tells him that the span of the rafters must a 2x10 or a 2x12 rafter. He said currently they are either 2x4 or 2x6 in the structure, so now he is increasing the height of that roof. Johnson said they would have to drop the walls or make it a flat roof and noted the Council doesn't get into the business of designing structures for people, but clarified that Mr. Murphy has the envelope to utilize and underneath that it is Mr. Murphy's job to make sure it meets code, and must come up with his own design to fit these parameters. Mr. Murphy asked, doesn't that create a practical difficulty because the code compliance he must follow by a licensed contractor is a practical difficulty in this, as now he must alter the structure in a way that would make it less effective than it is now. He noted he would have to drop the side walls to get the structure roofline to line up and have the correct pitch and width of rafters. He said now he is in a catch-22 because it would be even shorter than it was and less effective on the inside as a storage unit or whatever it will be. He stated he is not here to argue but he is trying to show the Council where his catch-22 comes in because he knows exactly what they are talking about but now they have to go backwards. Page 6 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12,2020 6:00 o'clock p.m. Johnson replied yes, potentially that is what it means. Mr. Murphy asked if that is a practical difficulty. Johnson said not in his definition. Mayor Walsh again said they cannot create their own practical difficulty by rebuilding. Mr. Murphy said he is not creating the code, so isn't that code creating the practical difficulty for him? He noted it is a very old structure and the roof is falling in. Mayor Walsh said he guesses he could see the argument that if they had to tear the roof off because it is falling apart and instead of 2x4's they had to use 2x12's, then use 2x12's and if that makes it go up 3, 4, or 5 inches, he thinks that would be a practical difficulty, but not going way up like what is shown in the packet/onscreen. Mr. Murphy responded he would still have to come in for a variance at that point. Johnson said yes. Mayor Walsh said that would be a practical difficulty if the Applicant said they were going to replace the roof as-is, but code requires raising it up 4 inches because they must use 2x12's instead of 2x4's. Mr. Murphy stated when they started the design process and he found out he would need a variance because it is a non-compliant roof, he noted there is a little part that was brought into question because if they did anything on there he would have to get a variance for it. At that point,the Applicant said they should match the architecture of the house, then showed it to the neighbors who were much more supportive of that than the original design. Mayor Walsh said they are not in the design business but are trying to tell Mr. Murphy what he can get and what a practical difficulty is. He said he would not have a problem granting the variance for the additional space needed for the lumber to bring the roof to code. Johnson asked if they would be redoing the side walls. Mr. Murphy said no, they aren't changing the side walls but now they will have to. Mayor Walsh said if the trusses need to be 4 inches higher for code, that is a practical difficulty and the Applicant can have that, but anything beyond that is not a practical difficulty. Walsh moved, Seals seconded, to table LA20-000056, 3249 Casco Circle, Variance. VOTE: Ayes 4,Nays 0. Page 7 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. 16. LA20-000057—MICHAEL GALLUS CONSTRUCTION, INC., 1985 FAGERNESS POINT ROAD, VARIANCES Matt Briggs, Applicant, was present. Staff presented a summary packet of information. The Planning Commission could not support the Application as proposed, however with amendments, which included removal of an encroachment into the average lakeshore setback, it might make for a stronger variance application. The Commission found that the practical difficulties were not met with a 5-0 vote to deny. Staff recommended denial for the original application of the 4 proposed variances and Council should review the amended plans, determine if practical difficulties are met and give direction to Staff for a resolution. Mayor Walsh stated he was at the Planning Commission meeting, and said the neighboring properties had existing grandfathered conditions and this application is a new property that was built. Essentially, the Applicant wants to back themselves in to old, grandfathered-in conditions. Ms. Oakden replied many of the homes on Fagerness are original and dealing with existing conditions. She noted the Applicant's home was built in 2009 and worked to meet all the City setback standards. Now with different scenarios and reasoning they are asking for this addition to their house. Johnson noted there was a corrected average lakeshore setback in the packet and asked if there is any dispute about that. Ms. Oakden said there was some clarification in the beginning of the submittal process but the survey that went to the Planning Commission and the survey in front of the Council have the corrected/accurate average lakeshore setback shown. She noted they reduced the addition by two feet and cut out a corner of the proposed addition to meet the average lakeshore setback line. Matt Briggs, 1985 Fagerness Point Road, gave background noting he built the home in 2009 and at that time the garage was within feet of Fagerness Point. They have always want to follow the rules and built the house accordingly; what is important to understand is that the neighborhood is designed and all home have garages within the setback. Mr. Briggs came to the Council meeting, listened to the review and it was all thoughtful and spent a lot of time going back and virtually eliminated 3 of the 4 variances down to a single variance that has to do with the road setback. Some improvements they have made to the property include the watershed and grading; he believes the design of the home is actually more consistent with the neighborhood with the current design of the house. Their house is very vertical and feels very tall and this addition would soften it up. They got the design idea from 1973 Fagerness Point Road, which was recently completed. He has done some research on practical difficulty and noted he is a business owner and everyday he deals with problems and finds solutions. The problem in this case was they had 4 variances and they have whittled it down to a single variance, which is a setback that is consistent with the neighborhood. Not granting the setback is arbitrary and capricious because Page 8 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. they can show precedent that this has been approved with not only existing but also new remodels. He stated the reason for the improvement is for his family: when they built the home they had two children and now have three; they also take care of his wife's father who is a disabled Vietnam Veteran and when he comes to the Cities to receive treatment, he is unable to get to the guestroom on the upper floors. The bedroom they are building will allow for wider doors, have a new bathroom for his father-in-law and it is important to the family to meet those requirements. Mr. Briggs understands variances are tough but in this case he feels it is consistent with the neighborhood and that they have done a lot to solve the questions and concerns the Council has had. In closing, he stated the entire neighborhood supports them, noting three letters of recommendation including the direct neighbor who would be most impacted by this. He said it is truly a practical difficulty for the family not to have his father-in-law stay with them. Mayor Walsh appreciates all the neighbors input, but like the previous application, there is no practical difficulty; it is a new property that was built that met everything and the rest of the houses are grandfathered in. He noted not having Mr. Brigg's father-in-law stay with them is not a practical difficulty for building a property and it gets back to the rule again. The homeowner may perceive it as arbitrary and capricious but it is a real rule and unless there is a real practical difficulty there aren't many places to go with this. Michael Miller, 1987 Fagerness Point Road, the adjacent homeowner noted he has been there 22 years and in looking at the corner of where Mr. Miller's existing house and garage are, he is about 4 feet from the road, but someone had foresight early on and he owns the road now. The house that was there before Mr. Briggs tore it down to build new had the garage exactly even with Mr. Miller's—4 feet from the road. He noted he is one of the grandfathered properties, but it seems that it serves no purpose and will not affect anything regarding Mr. Miller or his home, or the immediate neighbor on the other side, who has also said it's going to be a great addition to the community. Mayor Walsh appreciates the comments but noted that is not the issue. He asked, does the Council just get rid of the setback rule. Mr. Miller understands that and understands the rule but noted this seems to be an extraordinarily different neighborhood and there is another additional garage about 6 feet back further down. Crosby asked if there have been any rebuilds in the last 10 years which the Council has allowed. Ms. Oakden replied there has been a lot of reconstruction of existing structures where the Council has granted variances in small and encroached ways, and noted 1973 Fagerness which was referenced in the design was an existing condition of an attached garage where it was moved farther back from the road by 4 feet but were allowed to go wider by 6 inches to accommodate a new footprint of a garage. Mr. Briggs stated they should take it farther to find out if any of those variances have been granted. He said there is a garage being built right now on Casco that is closer to the road. Page 9 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12,2020 6:00 o'clock p.m. Mayor Walsh said perhaps they should table because there is no practical difficulty for the Applicant to move halfway into the setback. Mr. Briggs feels there is a covenant of good faith in dealing with these things, and he deals with this at work all the time; he has taken 4 variances down to 1 and he believes a single variance has been granted recently. Mayor Walsh stated they should find it. Crosby suggested tabling, they will see if they can find the variance, and noted he is on the fence with this and there is a possibility of a practical difficulty with Mr. Brigg's family member. He said they should find more backing evidence to give the Applicant some more ammo. Crosby moved,Johnson seconded,to table LA20-000057, 1985 Fagerness Point Road, Variances. VOTE: Ayes 4,Nays 0. 17. LA20-000052—MARK RAUSCH O/B/O UNIVERSITY OF ST. THOMAS AND DAVID WEEKLEY HOMES, NW CORNER OF WILLOW DRIVE AND WAYZATA BLVD., CONCEPT PLAN REVIEW Aziz Saddiqui, O/B/O David Weekley Homes, Applicant, was present. Staff presented summary packet of information. The main issue the Planning Commission had with this project was nine-or-so units encroached into the setbacks. The Applicant heard the comments from the Planning Commission and adjusted the plan, relocating the tall lot to the interior of the project and redesigned the project. Mr. Barnhart said Staff is looking for some preliminary comment; this project will likely be developed as a Residential Planned Unit Development (RPUD) zoning district, will require a public hearing from a zone change and a Comprehensive Plan Amendment because they are lower density than what is prescribed by the Comprehensive Plan. Mayor Walsh asked regarding the Met Council, they obviously want to see lower density on this as it relates to the project across the street, but the issue he read was by lowering this they still stay above their number of 3 units/acre for density. He said it would force them to raise numbers elsewhere and is it possible that they would not need to raise numbers elsewhere because they are above the "3" number. Barnhart replied when looking at a Comprehensive Plan Amendment for a project like this, they must establish a guide; he noted Orono's land-use designations are: low-density is .5 —2 units/acre and goes up to 3-10 units/acre, 10-20 units/acre, and 20-25 units/acre. They like to fit a development within those parameters. The Met Council looks at the lowest number in the range that the City prescribes—the high-density residential is 20-25 units/acre and the Met Council calculates a potential of 20 units, even though some projects may be higher. Other areas Page 10 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. where the density range is 10-20 units/acre, for density or growth calculations, the Met Council looks at the lowest number of 10 units/acre. Barnhart noted in this situation, it is guided for 20 units and they are looking to reduce the density and must find a range that would fit. If they chose the 10-20 units/acre, Met Council would use the 10 units/acre and need to do some adjustments on the growth projections, and they are 2 units away from getting to that 10 units/acre. If the Council would allow 37 units on this property, they would not need to make any adjustments to add more areas for high density, nor would they have to increase higher density elsewhere. He said that is most likely the easiest way to avoid extending density in areas where they do not want to have density. Mayor Walsh noted Stone Bay is 6 units/acres and asked if that is correct. Barnhart said looking at Stone Bay in the twin-homes and townhomes area, yes it is about 6 units/acre. Mayor Walsh said the answer to the question, then, is no the Council cannot drop it down to what they want without having to go expand other areas. Barnhart noted if the Council wanted it down to 6 units/acre, the range is 3-10 units/acre so they will calculate 3 units/acre, and will have to find some more acres to increase density or add Metropolitan Urban Service Areas (MUSA) to other areas. Johnson said the guidance is between 3 and 10, and they use the lowest end of the guidance, so if the development works out to be a 10 units/acre and it is completed, he asked how that affects the whole matrix. Barnhart said the Met Council doesn't go back and calculate how it actually developed, for example, 690 Brown Road project in the MUSA, guided for the lowest density (lower than prescribed), the prescribed was 13 but the actual development was 7 units. He again noted the Met Council does not go back and look to see what was actually developed, they look at what it was guided for. Johnson said there is a ratio of what is developed and when it is completed it helps the ratio. Barnhart noted once it is developed, it is no longer opportunity for growth so it is out of the City's equations. Regarding the areas in Orono's Comprehensive Plan that show potential for growth and all the acres, he noted those properties have not been developed. Mayor Walsh asked if the Council guides it from 3-10 units/acre and it ends up being 6 units/acre when it is built,the City still only gets credit for 3 units/acre. Barnhart answered yes, and they do not count it the next time the City does an update, it is just off the books in the sense of opportunities for growth. Seals said that is goofy. Page 11 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12,2020 6:00 o'clock p.m. Johnson said that is horse manure. Mayor Walsh stated that is a good question before they even have the discussion. Seals asked why they wouldn't get credit for what they did versus, for example, zoning swamp land for 10-15 units/acre and walk away and never build on it because they cannot. Mayor Walsh suggested creating a new zoning of 6-10 units/acre. Barnhart stated the Council can do that. Mayor Walsh stated then it would be guided for 6 units/acre. Barnhart noted they would need to create a new land-use category of 6-10 units/acre and then create a new zoning district. Johnson said they should've been doing this a while ago. Barnhart stated he did not run a calculation for 6 units/acre, but at 3 units/acre, the City would have to create more opportunity. Johnson noted the next category is 10-20 units/acre, so if they are at 10 it's the same as being at 20, and asked if that is correct. Barnhart replied no, if they are in the 3-10 units/acre group, it calculates as 3 units/acre, if they are in the 10-20 group, it calculates as 10 units/acre. Mayor Walsh said the Council guides it for the Met Council and decides what bucket it falls in. That is why he suggested creating a new 6-10 units/acre grouping. Johnson stated this is the type of housing they want at that location. Mayor Walsh said yes. He asked Barnhart what the location is currently per acre. Barnhart answered it is at 9.5 units/acre. Mayor Walsh said technically they are almost at 10, so if they can get one more unit in. Barnhart stated they would need two more units. Mayor Walsh noted two more units would be 6 across the street and 10 at this location so it is a bit denser, but makes the City not have to go somewhere else to change density. He noted they need to decide if they want 10 units/acre to begin with or if they only want 6 units/acre. Barnhart clarified 3.69 acres at 6 units/acre; the Met Council expects 18 units or so for this property. At 10 units/acre for the 3.69 acres, they'd be looking at 36.9 units. He noted that is the difference, they need to find the 18 spaces or lots somewhere else. This is the reason he suggests rather than opening that potential can of worms, the City allows for 2 more units here, which may likely manifest itself in adjusted setbacks internally and externally, but allows the City to do Page 12 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12,2020 6:00 o'clock p.m. that without introducing density elsewhere. He pointed out that the Comprehensive Plan really looked at density throughout the community and tried to maintain it in certain areas and this is one of those areas. Johnson said they could take the backside of the land, donate it to the City for the pond, reduce the acres they have and increase their units per acre. After a short discussion on density, Seals and Crosby noted they do not want to add more density anywhere else. Mayor Walsh noted there are some proposals in front of the Council talking about re-zoning the office space land to small apartments or whatever, and right now it is zero, but it would be more than 3 units/acre most likely, so if they add that in, it might make up for bringing this project down to 6 units/acres. However, he stated that is not in front of the Council right now. Barnhart said he doesn't put a lot of stock in that until they come forward with an application, noting they get "ideas" all the time. Mayor Walsh noted they are currently at 9.5 units/acre and they need to get to 10 units/acre. Johnson asked if the Applicant would like to come up and speak. Aziz Saddiqui, 12900 White Water Drive, Minnetonka, noted he is responsible for the acquisition development for David Weekley for the Midwest and the Western part of the County and thanked the Council for their time. He said when the company came here, they were told it was zoned for 20+units. He said they adjusted the numbers to meet some of the setback requirements and when they presented the package in front of the Planning Commission, they liked the product, idea and concept; however it created the issue of the setbacks. David Weekley said that is fine, they can address the setbacks but it would significantly affect the units, so from 43 units, they are down to the 35 units they are discussing today. Mr. Saddiqui noted they are meeting most of the setbacks that as a guideline they were told to meet. He stated there is room to add 2 units, to the Council's point, and it may require very small variances to the North along Kelley Road, but he believes they could achieve those 2 units they are discussing today. This project is doable only if they have bare minimum of 35 units; if the company has to go any lower, they would probably walk away from the project, as this is their bottom line number for the economics to work. He said 37 units definitely helps, but if the City decides to go 6 units/acre it is something that the company cannot do. Mayor Walsh stated they are not concerned about needing to develop property; the concern is trying to meet the numbers that make sense from a density standpoint and if it works to the company's benefit, that is great, but if it stays empty land, that is okay too. Johnson asked the price range for the units. Mr. Saddiqui answered it will be $360,000 to low $400,000's. Page 13 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. Mayor Walsh asked what Stone Bay's pricing is. Crosby stated it is in that range. Mayor Walsh said they don't want the company to move forward with more concept plans and time and spending money without some feedback from the Council. He looks at it both ways, he doesn't want to have to go add 7 more units somewhere to make the number work as they have always said they'd rather have it across both Highway 12 in this area and it's not like they're building a multi-story apartment complex. Crosby asked what the density is on the North side. Barnhart answered it is 6 for the townhome/twin-home area. Mayor Walsh stated if they were to do this project, it would be 10 units/acre, so a little bit more dense, but they still have walkways and greenery. Johnson doesn't have a problem with 37 units, hitting the number and not having to go to the well to try to find something else. He noted this conversation brings up the question on whether they need to evaluate the buckets. Seals and Crosby agreed. Mayor Walsh agreed and said if they have the ability to manage and massage, they should do that, but they may not know until someone is interested in a piece of land, but at least if that tool is available, they should think about it. He noted they don't want to get a 6 units/acre and be graded at 3 units/acre and only get credit for a 3. Feedback from the Council to David Weekely Inc. is 37 units. 18. LA20-000060—CITY OF ORONO TEXT AMENDMENT RELATED TO AMENDMENTS TO VARIANCES Barnhart said this codifies the City's practice, noting what often happen is the Council will approve a variance by resolution and that resolution will include drawings. Occasionally the property owner will need to make adjustments during construction; if Staff has deemed those minor they have taken it to the Council to approve those changes so the resolution has the final drawings. This ordinance codifies that, allows Staff to do it and cleans up the books. In situations where Staff thinks it is a major change, they will make it go through the process again: public hearing, Planning Commission review process. Staff recommends approval. Mayor Walsh said it seems to work fine and they are trying to make things simpler. If they are minor adjustments, Council needs to put faith in their Staff that they know the difference between minor and major adjustments and let them get stuff done. Crosby said it seems like a smart policy. Page 14 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. Crosby moved, Seals seconded,to approve LA20-000060—City of Orono Text Amendment Related to Amendments to Variances as drafted. VOTE: Ayes 4,Nays 0. 19. LA20-000047—CITY OF ORONO TEXT AMENDMENT RELATED TO BOAT STORAGE Barnhart said when he first started in Orono, the direction he received from the City Council was there are quite a bit of rules and regulations and occasionally it will be necessary to review those, re-open the book and take a look at it. He noted this is a good example; regulations are in place that guide the storage of boats on residential property and noted he included a copy of the section in the Code in the packet and it is a mess. There is an opportunity to re-examine what the goals are as a Council and then Staff and the City Attorney can draft an ordinance that meets those goals. Barnhart is looking for feedback from the Council on the 16 questions onscreen/in the packet. He noted they can schedule the discussion for an upcoming work session and asked the Council to look at the questions and start putting their questions and feedback together. Mr. Richie Anderson said this was done not that many years ago and the previous ordinance was for storage of a 23 foot boat and one of the former Councilmembers wanted to store a bigger boat in his yard, so he came and made it a 30 foot boat. Mr. Anderson said a bunch of the things listed on screen are irrelevant; he knows what the rules are because he sat here when the Council went through it talking about 30 foot boats in people's yards, he thought it was kind of ridiculous at that time. He said the City can't even enforce what they have right now, noting there are many boats that are over 30 feet being stored right now. He again said this was just done and he questions why it came up again at this time. Mayor Walsh stated the reason it came up is because the City had a court case that said what they have is not enforceable, so the prosecuting attorney said the City needs to fix their code because it is inconsistent and unenforceable. Mr. Anderson said one other part is that a property owner had an old wooden boat with a blue tarp on it for approximately 10 years, then this rule went in to place that people cannot have a derelict boat in their yard for 2 years. He noted some of the terminology was directly related to that homeowner and he subsequently moved his boat. Mayor Walsh said this is really trying to solve those issues and suggested a work session where the Council can really talk through it. Mr. Anderson asked if the City lost the court case. Mayor Walsh replied in the affirmative. City Attorney Mattick said when Barnhart started working on this and asked for some help, one of the questions Mr. Mattick always asks instead of mandating something: is what they were Page 15 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. trying to do in the first place still a valid premise for the law, rule or ordinance? The more they noted unique nuances that seemed to read against something else, they got stuck in terms of what they are trying to regulate. Are boats in a front yard still a big deal? They are not sure. Do they care about the 23 feet or does it matter if the boat is on a trailer? He noted all of these things had been built in and they didn't have the history on whether that was purposeful or if the City just "stole" someone else's ordinance. He noted they are looking for direction. Mayor Walsh said it might be nice to know what other lake cities have in their ordinance for boat storage and then receive feedback from someone like Mr. Anderson who has been dealing with boats his entire life. Crosby added they should look at what is enforceable and what is not. Johnson asked if he was notified of the court case and the findings of it. Barnhart clarified it is not a court case, it was a complaint that Orono sent to the prosecuting attorney and the prosecuting attorney declined it. Johnson asked if the Council was made aware of the issue as it occurred. Barnhart believes he gave an update several months ago but probably did not go into the details of the case, but he updated the Council that they had an issue with boat storage regulation. Mayor Walsh remembers something in writing on that update. Attorney Mattick clarified that what a prosecutor typically does is to issue a Declination Letter saying "something was referred to me for my review" and if they thought there was probable cause such as the facts being present,they would swear out a criminal complaint. If the prosecutor felt that the way the law is written they cannot proceed under this law, they issue a decline letter and that is what happened in this situation. Johnson asked for that to be sent to him. Mr. Anderson asked Attorney Mattick regarding the details of the court case, could it be that the person had three 30-foot boats behind a fence and it wasn't an enclosed building? Attorney Mattick replied no, they are talking about a boat in a front yard. The Council agreed to put this item on the agenda for an upcoming work session discussion. 20. LA20-000065—CITY OF ORONO TEXT AMENDMENT RELATED TO DRY- BUILDABLE DEFINITION Barnhart is looking for two actions tonight: approval of a summary ordinance and authorization to publish the new subdivision code which is 39 pages. He noted it will be fairly expensive and they get around that by publishing a summary ordinance and meet the publishing requirements there. He noted the next item is a bit of carryover from last month when the Council approved Page 16 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12,2020 6:00 o'clock p.m. the subdivision code; there is some discussion about where the 18% dry-buildable calculation came from and Staff was directed to look into State statute and other regulations. Barnhart could not find the source, so he is led to the conclusion that the City can establish whatever they want in terms of a definition of dry-buildable, so if the Council doesn't want to include the 18%they can remove it, or they can have a 22.5% slope, although that is a very specific number. He suggested doing a round number of 30%which is similar to a bluff slope without being a bluff. Johnson asked what money it saves doing the summary ordinance rather than publishing the full 39 pages. Barnhart responded it is several hundred dollars because when they pass an ordinance they are required to publish it and 39 pages published in the newspaper will be very expensive, probably close to $1,500. Johnson noted he is fine with the summary and said he did some research on the subject. He thinks the engineering grade is a 3:1 ratio, which is not to exceed 33%; if the City wants it rooted in something, this is the ordinary engineering maximum standard in grading. He said this excludes defined bluffs and wetlands, so they are talking about dry-buildable for the calculation and he suggests 33%. Mayor Walsh said it will potentially add more dry-buildable to sites. Johnson noted one workaround is if the City keeps it at 22%, they grade that as they do more earth work to get it "flatter." If the City uses the 3:1 ratio,they can actually preserve some areas from being re-graded to meet the standard. Mayor Walsh asked what the downside is. Barnhart replied they may see some areas that would have been excluded before will now be included in the minimum. He remembers early in the development of the YMCA project at 135 Orono Road,the dry-buildable calculation was very critical because in creating a non-sewered lot, the dry-buildable area needs to be contiguous. Therefore that 18%was critical in how the lot lines were created. He noted they frankly don't have a huge number of vacant lots it would apply to, so that is the downside and he doesn't know how big of a ramification that will be in the long-term. He clarified the downside is in areas where previously they could fit 5 lots, they may be able to fit 7 lots. Mayor Walsh said that is not a downside to him. Johnson noted the 18% is a 20-year-old rule that was an old septic requirement. Johnson moved, Crosby seconded,to give Staff permission to publish the summary ordinance. VOTE: Ayes 4,Nays 0. Johnson moved, Crosby seconded, to use the 3:1 or 33% ratio for dry-buildable. VOTE: Ayes 4, Nays 0. Page 17 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. Barnhart said he will initiate a text amendment and there will be a public hearing to change that to 33%. It will then go to the Planning Commission and will come to the City Council for final approval. MAYOR/COUNCIL REPORT Johnson reported the Pee-Wee B Team in Hockey is in desperate need of a coach. Crosby sends his heart out to his wife Patty on the one-year anniversary of her father's passing and noted her mother also died in October so it is a very tough month. Seals reported that intermediate schools are back open today and her children are excited to be back in school as they miss their friends. Mayor Walsh noted it is getting colder and the process of taking out the boats, docks and outdoor furniture is beginning. He also noted there is a clean-up day in Orono on October 17, 2020 at the Public Works facility and people can bring bikes, TV's and electronics. Rief noted they are doing a prescription drug take-back on October 17, 2020 and October 24, 2020 at City Hall. CITY ADMINISTRATOR REPORT Rief said the streets are completed and now they are working on restoration work such as planting grass. He noted there was a Fire District informational meeting this week and discussion surrounding City Administrators and Fire Chiefs as to what that looks like, where everyone is at with it and if it is feasible. At the next meeting they are bringing someone in from the State Fire Marshall's office to help structure what it looks like and how to evaluate it. He thinks it is something the City needs to explore and provide the best answer to residents on what the future of their fire services looks like. He noted a concern he has on what it would look like for taxpayers, and he did a quick analysis of what the tax base looks like for Orono compared to everyone else and essentially, Orono has 50%of the entire tax base of the proposed cities that would be involved. This is a pretty significant negative impact for a district if it is only tax- based. He basically told the City Administrators and Fire Chiefs that if it will be based on taxes alone and the assessed values of their homes, Orono is not interested. He reported there are other models being looked at, noting a Joint Power Association(JPA) model would give Orono flexibility on how the fee structure is allocated. Seals said doing it tax-based is great for the bulk of the district except for two cities: Minnetonka Beach and Orono. She told some of the partnering cities, as a Councilmember, she cannot look their residents in the face and explain why one Orono resident pays more per hour than a non-Orono city resident. She said if the tax model is the direction it is heading, don't even waste the time looking at it. She noted everyone needs to pay the same amount per hour, and some cities' costs may go up. Right now they are being subsidized by other cities that are paying a tax model. Page 18 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. Crosby stated Orono has more lakeshore than any city on the lake, but land doesn't burn for the most part, they just have value in it, so of course they're willing to charge for that. Seals said the majority of calls are medical. Crosby stated it should be based on a use-basis. The Councilmembers agreed. Crosby said it should be based on revenue dollars, also. Rief also expressed that and said he used the Lake Minnetonka Conservation District(LMCD)model and the frustration with it, noting Orono's concern is that they want to be equal to the amount of money they pay in, an equal share of management and control of that component. He stated Medina is under a lot of pressure right now to make some decisions and if they are willing to commit, Rief will bring it back to the Council. Mayor Walsh suggested the City get ready and look at options for moving forward on their own if needed,just in case. Rief said the July to August 2022 timeframe when they are looking at budgets for 2023 is when they would have to start making those decisions. 21. FLAG POLICY Rief noted at the last Council meeting after the flag discussion came up, Council directed Staff to present a policy which he has brought forth tonight. Using the guidelines of the services provided to the public in Orono: Police, Fire and Public Works, and in the event the City felt like they need to honor a resident for their service in the Armed Forces, they could also do that as well. Mayor Walsh said regarding the flags, it would be good to have the flexibility to fly them when they want to. Crosby stated the Blue Line Flag, the Red Line Flag and the Public Works Flag should fly on its own separate flagpole 365 days a year; he noted that the current flagpole for the American Flag is rather short and he proposed using that flagpole for the Blue Line, Red Line and Public Works Flags and they will get a larger,taller American flagpole for the Veterans as it should always be flying higher than the other flags. Both flagpoles will be lit and the location of the Blue Line, Red Line and Public Works Flags will be determined in the future but someplace prominent out front with cameras for security purposes. Regarding the flag discussion, Crosby would like to say for the record,this was never a political thing for him; it was honoring the people who keep them safe and doing it in a kind way to show that the City has their backs and supports them. The night before, he thought about the public works guys going out in the storm to fix the power outage. He personally appreciates all the comments, emails and phone calls; even those from the Page 19 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12,2020 6:00 o'clock p.m. other side of the issue. He said all the folks that came to the Council meeting tonight were outstanding and he appreciates that the community of Orono is behind their Police Officers and Fire Fighters. Crosby explained when he was a fire fighter for 10 years, he ran into buildings for $10/hour noting it cost him more in gas to get to the Fire Station, so to say they are not doing the same job or something of that nature is not real. He said they are color blind and serve all citizens and he has never seen anyone have a racist attitude or try to make it about race...they are all humans beings and there to help each other. He said he has always believed in Martin Luther King and judging people by their character rather than their skin color, race, sex or sexual orientation. He said Mr. Qualls said it so well tonight: hopefully this can unify people for good things and positive community events and bring people into the fold. Crosby told Mayor Walsh he is amazing and he appreciates the Mayor for fielding many of the emails. Mayor Walsh said it's important to remember these are flags that have been around for 100-plus years that support the Police, Fire and First Responders and are not tied to any movement or whatever movement that ends with"Matter." He noted it shows the citizens of Orono that they will not defund the services, they stand by those services and people can be secure in the knowledge that they will be safe all the time and taken care of with the City services. He said this is important because just a few days ago the Minneapolis City Council had an online forum for people and all people did was scream at the Council and say they do not feel safe to go outside, to go to school, or the grocery stores as there are shootings in the neighborhood and people are fleeing and selling their homes. Mayor Walsh stated the City Council sent the wrong sign back to the wrong candidate. He said the candidate is the services the City provides and their first job as Councilmembers is to provide public safety and then they can do everything else. That is part of the reason they want the flags to fly 365 days a year because they do not honor them just once a year, they honor them 365 days a year. Johnson noted a resident made an offer to give them a flagpole and that may be a logistics component as sometimes it is a bigger deal to remove a pole than to put in a new one. Mayor Walsh and Crosby noted the American Flag pole must be taller than the other flagpole. Walsh also said if there are residents willing to fund a flagpole, the City needs to get the flagpole and tell the residents what it is, similar to the fireworks. He noted the Ben Goodman Family texted him during the meeting to donate $2,500 towards the fireworks, and said the spirit is already there. Seals said this is a very emotion-filled topic that she wasn't expecting, nor did she expect a room full of people at tonight's meeting. Like Crosby, she appreciates hearing from both sides and noted she did not respond as she watched the communications with Mayor Walsh and the community go back-and-forth. She stated what is important for residents to know is just because they feel one way—they should be heard—but it doesn't mean it is the way everyone else feels. There was one side emailing that they were not for this, and another group saying they need to keep the flag up. She cautioned the public not to build their truths off of social media;what she means is someone may see something on Instagram and immediately copy exactly what is on there and think it is the truth. Seals thinks that is extremely dangerous and she saw that Page 20 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. happening in some emails where people were quoting exactly from social media and making pretty big accusations about everyone. She noted they don't want to be that group out in Orono and she knows they are all better than that. She noted one other accusation that came up over and over again and she stated if anyone knows the City Attorney, he is Danish and is very direct and will tell them the moment they cross or get near that line. That is just not the truth, she knows their Staff and the Attorney did their research and did their homework, reached out to the State and the Council and Mayor would never want to create an environment where people feel like they could not vote. She happens to have a husband who is a fireman and she asked the other firemen, who were very clear that they need the City to stand by them and the Police. When things were happening in Minneapolis, she couldn't have felt better knowing that Orono's Police were here ready to protect them, and many residents kept asking her "our guys aren't going to leave us, are they?" Men and women in uniform have a tough road, walking into the line of fire and situations not knowing what is coming at them, they are on 24/7,they are there for the public and Seals stated: "we should support them." She noted the City needs to set the tone and say they support their people and it is not about a movement and has nothing to do with anything political; whatever side someone votes for or stands on does not matter. She loves the idea of getting a bigger flagpole for the American Flag and a second pole to fly the other ones. Crosby noted it is unfortunate in today's society that if people disagree with someone, they must come in and attack and disparage a person's character. He is here to say he is pretty tough, he is a New Jersey guy and they are not going to scare him. He asked the community to show their children how to handle people properly and be kind to each other—people can agree to disagree with each other—but it doesn't mean they need to go on the attack or start name-calling without even knowing that person as that is unfair, uneducated, and ignorant. Crosby said they have freedom, democracy and freedom of speech and that is a wonderful thing. He said if they take that away, people are in big trouble. Rief thanked Ms. Ferrer for being willing to donate a flagpole and said that means a lot. He said he will work with Mr. Edwards and Police Chief Farniok to decide the size and type they need and will reach out to Ms. Ferrer. Mayor Walsh told Rief to let him know the cost is and he will follow through on that. Rief said they will also have a couple of locations and bring that to the next Council meeting for informal input. Crosby moved,Johnson seconded, to adopt the Flag Policy with the changes discussed. VOTE: Ayes 4, Nays 0. CITY ATTORNEY REPORT Page 21 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12,2020 6:00 o'clock p.m. 22. LAND ACQUISITION OF 365 OLD CRYSTAL BAY ROAD NORTH Rief stated 365 Old Crystal Bay Road North is a property currently owned by the Minnesota Department of Transportation. In August there was a discussion regarding future use of that property for the facilities and services of the City of Orono. They have gone through the Title Commitment and the Environmental Assessment and it is all satisfactory. Attorney Mattick reported his office has reviewed the forms and resolutions and everything is in order at this point. Johnson moved, Seals seconded, to approve Resolution dispensing with statutory requirements for review by Planning Commission of acquisition of property and to approve Acquisition of Property from the Minnesota Department of Transportation. Crosby asked what the total cost of the acquisition is. Rief replied it is $340,000 for the land, with Attorney Mattick's fees added to that. VOTE: Ayes, 4 Nays 0. CLOSED SESSION The meeting will be closed as permitted by §13D.05, Subd. 3(a),to evaluate the performance of the City Administrator, Dustin Rief. Walsh moved, Crosby seconded, to move the Closed Session to the next Council Meeting. VOTE: Ayes 4, Nays 0. Walsh welcomed Ms. Ms. Johnson to the podium as she was not there during the earlier portion of the meeting. Robin Johnson said regarding Consent Agenda No.) 11, LA20-000062, she is a property rights person, believes in allowing people to build, and sees benefits to building on that corner. In 2019, that property was valued at $21,000 and they paid $285 in taxes across the street,they're paying $360,000 for 2 acres, so build it, bring it up, it's good for the neighborhood and she sees all the benefits. Plus, it is an older couple and they obviously have a beautiful vision for living in that home. She is not here to request they do not build; instead, she is simply concerned about three remaining issues. The biggest is the traffic safety issue and noted she will bike home in the dark tonight and when she hits the hill on County Road 19 and North Arm Drive, it is a blind turn over the hill and people are driving 50, 60, 70 miles per hour. She noted the last 2-3 years the traffic density has really increased on County Road 19, and she did some research after her initial visit to the Planning Commission and talked the Orono Police Department, who said there really is a higher concentration of accidents on that blind corner and the challenge is that it is a Hennepin County Road. She leaves the solution in the Council's hands but noted she will not go to sleep tonight well knowing a house will be built on that corner with a driveway right there on Page 22 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. a blind road and if someone got hurt and she didn't say something she would feel horrible. Second, she knows the Minnehaha Creek Watershed District has looked at the wetland issue and she wants to make clear there is significant flood plain drainage that runs off of the topography both North and West of that land and streams right in between 4280 and 350 North Arm Drive. She noted a culvert onscreen based on where a creek will run into the Lakeview Golf Course is not really where the creek opens, rather it is closer to the future driveway on the property. She said the drainage really floods out there and starts to move East to the culvert and fills in the creek that runs into Lakeview Lake and puts a lot of moisture into that wetland area in the spring. She requests that someone walk the property and look at it, as some people don't even realize there was a one-room schoolhouse on the property. Mayor Walsh stated he did walk the site and with that huge ravine there, he was amazed to see that the Minnehaha Creek Watershed District (MCWD) said there is no watershed there at all, it's not a creek, it's just a drainage ditch. Ms. Johnson said the MCWD said it is a flood plain but they did not send anyone to the site to look at it because it is not a development but rather a single family home and it is on the City to take a look at that. Mayor Walsh said regarding the speed issue, he would like Ms. Johnson to follow up with Rief and Edwards to see what the options are. Ms. Johnson noted Misty Brady who lives next door to 4280 North Arm Drive wrote a very eloquent letter and gave to her to read to the Council tonight but she botched it by being late. She noted Ms. Brady emailed it to Mr. Barnhart tonight and she hopes the Council gets a chance to look at it as it is thoughtfully crafted and has some interesting points of view that are worth looking at. Finally, she wants to say regarding practical difficulties, is it in keeping with the neighborhood, and .497 acres is not in keeping with that neighborhood and with the exception of one neighbors at 1.7 acres, everyone else is around 2.6 acres or 5.5 acres. Mayor Walsh stated that is found throughout Orono and gave the example of Crystal Bay, as it is a 2-acre zone, and everything is .25 acres or smaller and that lends itself to the fact that everyone gets a variance for lot width size because of those issues as that is inherent to the practical difficulty of the zoning district they are in. He noted there is not a lot of wiggle room on that. Rief responded to a couple of the comments and noted Staff had a discussion on the differences between a creek and a drainage swale, noting there must be water running in it year round in order for it to be a creek. That is when the Watershed District steps in as jurisdiction for managing a buffer, so in this capacity it does not require any buffer. As far as the traffic component, Rief will pass it along to the Police Chief and do some monitoring there and will also engage the County because from the time he started three years ago until now, the traffic has increased due to development. He noted it has created more of a danger at that intersection and they can evaluate and look at changing it to a 4-way stop or slow the speed limit to 45 miles per hour or something similar. Page 23 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2020 6:00 o'clock p.m. Ms. Johnson stated when they do build on the property, construction vehicles parked on the road can also be a danger for people coming around the curve. Rief stated the lot should be big enough for all construction vehicles to be parked on the lot, and he doesn't believe there is enough of a shoulder to park on the road and that is something they will manage on the building permit side and handled by the building inspectors. Crosby moved, Seals seconded,to adjourn the meeting at 8:35 p.m. ATT _T: / / , fp 0 Anna Carlson, City Clerk Dennis Walsh, Mayor Page 24 of 24