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HomeMy WebLinkAbout03-08-2021 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 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, Aaron Printup and Victoria Seals.Representing Staff were City Attorney Soren Mattick,Public Works Director/City Engineer Adam Edwards and City Administrator/Finance Director Ron Olson,City Engineer Laura Oakden,Community Development Director Jeremy Barnhart. Also present:Planning Commissioner Dennis Libby. Mayor Walsh called the meeting to order at 6:00 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA Crosby would like to pull item 10 so they can introduce the new golf course superintendent to the community. He would also like to add items 24 and 28 to the Consent Agenda. Walsh noted they will keep on the Consent Agenda 1-9 and 11-20. 1. CITY COUNCIL MEETING MINUTES OF FEBRUARY 22,2021 2. COUNCIL WORK SESSION MINUTES OF FEBRUARY 22,2021 3. CLAIMS/BILLS 4.APPROVAL OF HENNEPIN COUNTY 2021 SPECIAL EVENT PERMIT—LONG LAKE ROWING CREW 5.APPROVAL OF RENTAL LICENSES 6.APPROVAL OF LAWFUL GAMBLING LG214 PREMISES PERMIT FOR THE ROTARY CLUB OF LAKE MINNETONKA—EXCELSIOR—RESOLUTION NO.7167 7.TERMINATION OF CONTRACT FOR BUILDING INSPECTION SERVICES WITH MINNETONKA BEACH—RESOLUTION NO. 7168 8.APPROVAL OF LOCAL 12 COLLECTIVE BARGAINING AGREEMENT 9.AUTHORIZATION TO PURCHASE BODY, SQUAD AND WEAPON MOUNTED CAMERAS AND SUPPORTING EQUIPMENT AND SOFTWARE 10.APPOINTMENT OF PARKS AND GOLF COURSE SUPERINTENDENT This item was removed from the Consent Agenda. 11. TONKAWA PHASE II FORCEMAIN REPLACEMENT AWARD 12. SEASONAL EMPLOYEE APPOINTMENTS 13. LA20-000074—EDWARD& MARY CALDWELL, 746 TONKAWA ROAD,VARIANCES— RESOLUTION NO. 7169 Page 1 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. CONSENT AGENDA—Continued 14. LA20-000075—BRIAN&ANNE HUISMAN, 1121 NORTH ARM DRIVE,VACATION OF RIGHT OF WA—RESOLUTION NO. 7170 15. LA21-000004—STONEWOOD LLC O/B/O DAVID WOHLWEND, 1150 PINE VIEW DRIVE, CONDITIONAL USE PERMIT—RESOLUTION NO. 7171 16. LA21-000007—PILLAR HOMES,3220 NAVARRE LANE,VARIANCES—RESOLUTION NO. 7172 17. LA21-000008—BRAD BARINSKY, 1825 LAKESIDE TRAIL,VARIANCE FOR AVERAGE LAKE SHORE SETBACK—RESOLUTION NO.7173 18. LA21-000011—JASON FISCHER AND KARA HONEBRINK,3420(3416)SHORELINE DRIVE,CONDITIONAL USE PERMIT/EXPAND LULU'S PIZZARIA—RESOLUTION NO. 7174 19. LA21-000012—CLAIRMONT DESIGN BUILD, 1260 SPRUCE PLACE,VARIANCES— RESOLUTION NO. 7175 20. LA21-000013—BOB JOHNSTON,2190 WAYZATA BLVD,CONDITIONAL USE PERMIT— RESOLUTION NO. 7176 24.LA21-000006—CITY OF ORONO,365 OLD CRYSTAL BAY ROAD NORTH, COMPREHENSIVE PLAN AMENDMENT—METROPOLITAN URBAN SERVICE AREA (MUSA)EXPANSION—RESOLUTION NO. 7179 28. COMMITMENT OF FUNDS BIG ISLAND,AMERICAN WITH DISABILITIES ACT(ADA) TRAILS Crosby moved,Johnson seconded,to approve the Consent Agenda as amended.VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS There were no public comments. 10.APPOINTMENT OF PARKS AND GOLF SUPERINTENDENT JOEY BRETTINGEN Edwards noted they lost the last Parks Superintendent to bigger and better things and went through the process to find a replacement. They had a panel that met,reviewed applications,went through a two-part interview process, and ultimately settled on Mr.Brettingen to join the team as the new Parks and Golf Course Superintendent. Joey is currently the assistant superintendent at Hazeltine National Golf Course, holds a Bachelor's Degree in Horticulture with an emphasis in turf grass management from the University of Minnesota,and has 8 years of experience with his last 4 in leadership at golf courses and parks. The Councilmembers welcomed Mr.Brettingen. Page 2 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 10.APPOINTMENT OF PARKS AND GOLF SUPERINTENDENT JOEY BRETTINGEN— Continued Johnson moved, Crosby seconded,to approve the appointment of Joey Brettingen as the Park and Golf Course Superintendent. VOTE: Ayes 5,Nays 0. Johnson said a special thanks to the Planning Commission when the Council can put 20 items on the Consent Agenda. Walsh agreed the Planning Commission did a good job. FINANCE DIRECTOR REPORT a. FOURTH QUARTER FINANCIAL REPORT Maggie Ung presented the Fourth Quarter 2020 budget report. These numbers should be considered preliminary numbers and may change with the preparation for the 2020 audit. Looking at the overall revenue,the City collected 101.1%of the budgeted revenue compared to 107.8%in 2019. Tax revenue, which makes up 50%of the revenue budget, is at 99.1%. The next line item is License and Permits;the last few years this line item has exceeded budget and this year due to less development, COVID-19 pandemic, and the State-mandated shutdowns, it is only at 93.78%compared to 141.5%in 2019. The other two sources under budget are Charges for Service(98%)and Fines(54.3%). Charges for Service fell under budget as a result of decrease in police special service due to the COVID-19 social distancing and gathering guidelines,along with a decrease in Plan Check and Site Exam fee revenue. Fines is under budget due to not collecting as many court fines as anticipated;this correlates to a decrease in speeding and impaired driving due to COVID-19. The two line items that have done well in 2020 are Other Governmental and Golf Course revenue. Other Governmental revenue ended the year at 131.4%;the main variance is the CARES Act Funding offset with a reduction in the Toward Zero Deaths grant that the City is not administering in 2020. The Golf Course revenue is at 203.06%compared to 102.7%in 2019. COVID-19 played a large role in this revenue item as many indoor social gatherings were advised against and therefore there was an uptick in individuals taking to outdoor activities such as golfing. Building Permit revenue in 2020,the City only made 84.5%of the budget compared to 135%in 2019. On the Planned Check and Site Exam,it only made 84.6%of budget in 2020 compared to 172.8%in 2019. Ms.Ung gave an overview of 2020 revenue and moved on to expenditures. The biggest item over budget was the Special Projects Department, which is at 1,145%and was due to the City buying land for future projects that was not budgeted. Central Service and Public Works is also slightly over budget due to trying to keep the common area clean and maintaining social distancing due to COVID-19. The increase in expenditure in these line items is offset by the CARES Act grant. The golf course is also over budget due to course maintenance and more bank fees that offset with the revenue intake. COVID-19 has played a significant impact overall on the 2020 budget; fourth quarter is looking good with revenue exceeding budget and expenditures falling slightly under budget. This projects a positive variance of $224,000 for the General Fund. The top 5 vendors for Quarter 4 make up 36.8%of the vendors paid in Quarter 4 of 2020. The top 5 vendors for the year of 2020 make up 31%of the vendors paid for the whole year. She concluded her presentation and asked if there are any questions. Walsh wants to point out a couple of things. Overall,the City's revenues were above what they were hoping by$170,000 and expenses were less than what they thought by$54,000 which gave a positive net of$224,000 over and above revenues which would be good for going towards next year for roads—which Page 3 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. a. FOURTH QUARTER FINANCIAL REPORT—Continued he knows is near and dear to Edwards' heart. Also,regarding the top vendors,there was a$240,000 balance but that included paying for the land of$340,000 so really it is at$580,000. He noted they paid for the land out of the revenues of this year, as well. That was a huge positive and leads the City very well going into budget this summer. Even though their permanent revenue was down just a bit,they have kept stepping that up over the years as they have had such a divergent variance of what was happening versus what was getting done. To have it that close in a COVID year is a testament to the strength of the housing market and building, as long as the interest rates stay reasonable. Walsh said they budgeted well and should have some extra room this year to hopefully increase the roads a bit,bring their parks where they want them,continue funding their building fund,and all the other things technology-wise they are doing in the City. Johnson asked about the piece in the budget that Walsh does not like to count. Seals said the chip sealing. Walsh said it is the chip/crack sealing. Johnson noted they have$224,000 to put towards it now. Walsh said if they notice in looking through the budget,Edwards has a discretionary fund of$100,000- $200,000. It is a roads non-dedicated fund for fixing things. Crosby thinks the roads are a little more stressed this year so they will need it. Olson said if the Council remembers back in July when they received their first half tax settlement,he was pretty worried as he did not know what would happen with sales and property taxes. To finish the year during COVID at 99.1%which is really pretty much where the City ends up,is a very good indication on how property taxes will go forward this year,which eases his mind. Walsh said that even gives flex on what was collected this year. PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT 22.2021 ROAD MAINTENANCE PROJECT AWARD Edwards said tonight they have the 2021 Roads Project Award before the Council. He pointed out this particular project,unlike past years, is actually a conglomerate of several projects the City wanted to undertake. They are asking not only to award the streets project as it was originally envisioned,but also combined three other projects with the bid package that was sent out:the Casco storm water project,the Fagerness Point storm water project, and the Navarre parking lot project. The nature of all of those projects was such that the same contractor would be bidding on those. By putting them all together,the idea was to get a better price for bulk. Edwards said they solicited bids and had 7 bidders,the low bid was from the Omann Brothers for$1,389,000 and would bring a project total with both the work by Omann Brothers and the work by Bolton and Menk on the engineering design and oversight to $1,600,000. That fits within the projected numbers when combining all those projects together and there is a bit of movement in what the projections were for individual funds. They are a little lower than what Page 4 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 22.2021 ROAD MAINTENANCE PROJECT AWARD—Continued they thought they would be putting towards the pavement fund and are a bit higher in what they thought they would put towards the storm water fund and the community investment fund. Overall, it comes just under what they were projecting for that group of projects. He said there is a lot of focus on roads in the Navarre area and Casco Point Circle. The biggest challenge on the road project side will be the Park Lane project which is basically a full reconstruct to include utilities and will be very challenging based on the physical constraints of that neighborhood and that road. Seals asked if that is the really narrow one. Edwards said it is very tight with about 16 feet of asphalt. Walsh said it is in need of help. Edwards noted the other major undertaking is down on the Casco Circle where they are combining some road reconstructions,overlaying,and pretty significant storm water improvements to that area. The rest of things are pretty normal road works and pavement replacements. Seals asked when the projects would start and if they are phased or all at once. Edwards said that will be up to the contractor so once awarded,the next step is for the contractor to come back to the City with their plan to execute and phase these. They will communicate that to the impacted residents. In the contract there are limitations for how long a particular roadway may be disturbed and not repaved. It does pretty much give the contractor the entire construction season to get everything done. Walsh said the good news is they budgeted$1,123,000 back in June for this and they are at$824,000 so they are essentially$300,000 less which will help carry into the next year. They still have the road budget at$750,000,the cell tower of$120,000,and any additional reserves over 50%and all that. This is just another big chunk of change that is under budget that will help them get more roads done. It is all good news. Printup asked when these road projects are going on and whenever they get done,are residents able to contact City Hall and see if they can get driveways done because the bulk of it is there. Edwards answered what they normally do is provide residents the contact information for the contractor directly so the City is not in the middle of a private/public transaction. Often contractors will do that. Something else they have done in the past are private roads looking to be redone,then those home owners' associations may try to get a better deal from a contractor who is already in the area. Edwards invited Dave Martini to the meeting today because this is the biggest project Orono does with Bolton and Menk. His team puts all the technical work together to create the design for the City. They will usually have a full-time young engineer as the construction manager to do all the interaction with the residents and contractor. Crosby asked if all of this is full replacement. Edwards said it is a mixture. For example,Park Lane will be a complete reconstruction as they need to get in to some utilities underneath it. Some of the roads in Navarre will just be a milling and overlaying, removing the top layer of asphalt and putting new asphalt on top. Page 5 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 22.2021 ROAD MAINTENANCE PROJECT AWARD—Continued Walsh clarified the contractor knew that ahead of time for bidding because they had done all the engineering work to know what condition the roads were in. Seals said that sounds good and is what they heard when they knocked on doors many years ago: Roads, roads,and roads. Walsh said the public should know when doing these road constructions if there is a concern in someone's yard—for example,off of Wilders there were a lot of water issues and the residents brought it up during construction. The City brought in more curb and gutter than originally planned. It cost more money,but got all the water flowing correctly so it was not going into people's yards. If there are issues like that,speak up so the City can at least look at it and understand if there are any changes on the fly that need to be made as they want to be sure they do it right the first time. Seals moved,Printup seconded,to approve the 2021 Road Maintenance Project Award. VOTE: Ayes 5,Nays 0. 23. PUBLIC WORKS FACILITY APPROVAL OF UTILITY ENGINEERING AND DESIGN Edwards said this is something they may normally see on Consent Agenda. This item is to conduct the design and engineering for connecting water and sewer lines from the existing sewer and water system down underneath Highway 12,the railroad track,and then back up into the new parcel the City procured early this year for a future potential public works facility. Normally they would go with their already established engineering firm Bolton and Menk,and in this case they solicited proposals from two firms: Bolton and Menk and WSB. The two proposals came in pretty close,WSB at$28,736 and Bolton and Menk at$29,000. He is requesting authorization to move forward. His initial staff recommendation would be to go with WSB as they have the lower number;however,the Council may want to consider keeping it with the existing engineering firm due to the low difference and ease of someone they already have on projects. Walsh noted that essentially the bids are the same. He would suggest going with Bolton and Menk as they are the City Engineering firm and they have a good working relationship. If WSB came in at$8,000 less or something dramatic,but for a couple hundred bucks,if they can match that sounds reasonable. Crosby stated if they will match it,yes. Crosby moved,Seals seconded,to accept the bid from Bolton and Menk for the Public Works Facility Approval of Utility Engineering and Design.VOTE: Ayes 5,Nays 0. Dave Martini from Bolton and Menk thanked the Council and said they really appreciate the partnership they have had for a lot of years. They enjoy working on fun projects like this and he thinks they have put together a good team to manage this as well as the City's Staff. Page 6 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. PLANNING DEPARTMENT REPORT 25. LA21-000010 CHAMBERLAIN FINE CUSTOM HOMES, 133 CHEVY CHASE VARIANCE Staff presented a summary packet of information. Tonight,the Council will consider a variance application for a rear-yard setback encroachment and will provide Staff with direction for a resolution. The Applicants are looking to add a screened in porch to the rear of their home,which sits on a curved road with neighbors on either side and Wayzata Country Club to the north of the property on the rear property line. Staff,through their practical difficulty analysis,found that the practical difficulties were not met. The proposed addition would have minimal impact to the neighbors and would not alter the character of the neighborhood. However,the property owner has adequate use of the lot currently for a single-family home and there are other locations for a conforming addition. The proposed addition acts as a convenience to the property and not a necessity to the use of the lot. The Planning Commission held a public hearing on February 16,2021 with no verbal comments. The Commission reviewed Staffs analysis and the Applicant's narrative;after discussion with the property owners and reviewing the 12 letters of support from the neighborhood,the Commissioners found that due to the existing location of the current home being so far setback from the front lot line, a substandard lot size,and the topography of the lot there were practical difficulties to support the variance. The Commission voted 6 to 1 in favor of granting the variance. The neighborhood letters of support are included in the packet,as well as the minutes. The Council should review the application and determine if practical difficulties are met for a variance and should direct Staff on how to draft a resolution. The Applicant is present tonight if there are any questions. Oakden has additional pictures if needed. Crosby would like to see those pictures. Oakden pulled them up on screen. Johnson said this is about having a practical difficulty and being able to meet the standard, and that is what he is not sure about. Walsh said it is one of those deals where there is a house that someone bought and whoever built this house built a big circle driveway and decided to put the house on the back part. He is struggling with that as well. Seals said Staff put it out there that it can be built in another location and she understands perhaps that is not where the Applicant wants it but it can be built elsewhere. Crosby asked where the other spot it can be built is. Johnson stated on the east side. Walsh said either on the east side or right in the middle. Johnson said it gets in to the conversation that it is not their job to design. Other people have come with this and the Council has not allowed it because there was not a practical difficulty,although he can see why they would want it. Crosby noted if there are other options it reduces the argument for practical difficulty. Page 7 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 25. LA21-000010 CHAMBERLAIN FINE CUSTOM HOMES,133 CHEVY CHASE VARIANCE —Continued Walsh asked if the Applicant would like to speak. Paul Cameron from Chamberlain Fine Custom Homes approached the podium and gave a technical perspective. He is developing Crystal Bay Estates;he has 2 acre lots and 30-foot setbacks in the backyard. This is a 1/2-acre lot,and has 30 feet setbacks. It is way over-allocated from a setback;that is the ordinance and he appreciates that,but when looking at the ordinance and intent for commonality or consistency,there are 12 neighbors that say this is fine. If the purpose of the ordinance and the statement of consistency in making a harmonious neighborhood,the Council has heard from the voters what that is. Walsh stated the voters and the neighbors don't make variances or make the rules. Whether they like it or do not like it is not what comes in to play. It has to meet the standard. Mr. Cameron asked if this is considered a non-conforming lot. By the lots and measures it is, so the home owner is being"penalized"or adversely affected. Walsh thinks every neighbor is on non-conforming lots,as well. Paul said that is correct. He looks at it from a perspective of, if it is non-conforming and the neighborhood is agreeing to it...there are other options but there are mitigating circumstances the home owner can personally speak to. Michael and Katelyn Nelson, 102 Chevy Chase Drive,clarified they currently live at 102 which is 8 houses down from 133 Chevy Chase Drive. They purchased 133 the past fall with the intentions of doing a remodel and making a forever home in Orono. They absolutely love it here and noted the other proposed option on the east side would be basically sitting on top of the neighbor's driveway, and he knows she would not be in support of that. The other proposed location right in the middle is where the kitchen currently sits and the fridge and stove top are there;there is literally no way to enter the house right there. Mr.Nelson said they are in the design phases of a remodel and do not have unlimited funds to move everything around but have some ideas of what they would like to do. The main reason they keep coming back to this location is for the safety of their two young children. They would love to be able to sit back there and watch the kids in the backyard as they play. Their youngest daughter has a skin condition that does not allow her to be in the sun and they want her to be in an outdoor environment while her sister and hopefully future children play in the backyard. The Nelsons would love for her to be involved in that as well. Ms.Nelson said the biggest issue in putting it in the middle is that it divides the backyard which in effect creates a lot of insecurity and lack of safety because they cannot watch the entire yard from each way. She noted there was a lot of really good discussion at the Planning Commission meeting. The other piece about putting it there is it backs up in to a pretty steep hill where there is no visibility from the Country Club,which they also learned has encroached on setbacks over time. She noted it is really hidden if it were built as proposed, it goes into the back lot and provides safety so they can monitor the usage in the backyard. All of the neighbors have supported this knowing what the Nelsons are trying to do and build a forever home. Page 8 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 25. LA21-000010 CHAMBERLAIN FINE CUSTOM HOMES, 133 CHEVY CHASE VARIANCE —Continued Mr.Nelson said from those pictures the Council can see there is about 70 feet of woods between their house and the Country Club and would not be visible from the golf path, and there is also a hill. He noted again on the east side it would be almost on top of the neighbor's property and he probably would not even build it there as they would not get any utility out of it by not being in the backyard and watching their children play. Printup stated this is one of those tough ones that looks,views, seems reasonable,but then the 12 neighbors that love the idea are going to be doing the same thing and asking for variances for building and the Council does not usually step into that. Walsh thinks people must know what they are buying,what the rules are,and if there are things they can do and can put in other places. He thinks Staff has come to the conclusion that it has not met the practical difficulty standard which is what the Council must follow. He appreciates all the neighbors wanting it, everyone wants things to be better in the community and they always want to see people upgrading their houses. Crosby asked what the Planning Commission's vote was. Oakden replied it was 6 to 1 in favor of the variance. Crosby is pulled both ways on this. He understands the mom's concerns about the division of the property in viewing the children and that would concern him as it makes sense to be able to look outside and view the entire back yard. He is also torn because Printup's point is correct,if they grant the variance, everyone else wants to go farther back into the setback and they have established a bad precedent. Walsh remembers an application from Crystal Bay Road where a woman wanted to add a little bump out in the back because she needed her washer and dryer inside but could not see her kids. Again, it is not the Council's job to design what is safe or not safe...they cannot even distinguish what that is. Seals is also torn. She goes back to when someone buys a house,they buy it as is. She looks at her own lot and wonders why did they build the house where they did—if they had shifted it a certain way,she would have so much more freedom. She must stick to the rules that come with the land. Crosby said tell him about it—he lost his horseshoe driveway. Seals said not all lots in Orono are built the same, it is unfortunate,but it is what it is. She thinks of some lots really have practical difficulties but unfortunately this one does not meet that muster. Johnson is not really torn on it,because they see these and when people go out,the Council says no. It is a good plan,it is a compelling argument the Applicant is making,but those are not relevant to the decision as far as he sees it. They must meet the practical difficulty standard,which they do not. Therefore,the Council cannot approve it,not because they do not think it is a good idea or plan. Johnson moved,Seals seconded,to deny LA 21-10, 133 Chevy Chase Variance. VOTE: Ayes 5, Nays 0. Page 9 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 26. LA21-000014—MARK RAUSCH AND AZIZ SADDIQUI OB/O UNIVERSITY OF ST. THOMAS AND DAVID WEEKLY HOMES,NW CORNER OF WILLOW AND WAYZATA BLVD.,COMPREHENSIVE PLAN AMENDMENT,ZONE CHANGE,PRELIMINARY PLAT, AND DEVELOPMENT PLAN APPROVAL—RESOLUTION NO. 7177 Barnhart noted there are a number of requests in front of the Council tonight. This project is proposed for an RPUD zoning(Residential Planned Unit Development)so this will be a zone change. There will be a Comprehensive Plan Amendment required because they are reducing the density allocated for this property,and are asking for a concept Master Plan approval and also the preliminary plat. This is a 37- unit townhome development in 9 separate buildings at the northwest corner of Willow Drive and Wayzata Boulevard,north of the project is Kelley Parkway, and there is a large regional pond to the west. All the access will be located off Kelley Parkway,there will be no accesses off Wayzata Boulevard or Willow Drive and it is consistent with the original development plan for the Stone Bay Development. All of the buildings will be shared by municipal water and sewer;storm water management plans have been developed and will be managed on site,and will ultimately feed to the regional pond to the west.There will be a number of rain gardens along Kelley Parkway and another rain garden at the southwest corner of the site and eventually all the storm water will go into the pond. The City Engineer has provided some comment on the storm water and the utility plans. The expectation with all developments is that the City Engineer must be satisfied with the utility plans at the time of final plat so these are working plans and documents and further refinement from a utility standpoint will be coming. The Applicant proposes each unit to have a front door sidewalk to provide a pedestrian route through the community. Ultimately those sidewalks will connect to the Kelley Parkway public sidewalk and also a proposed sidewalk along Willow Drive. Staff has provided a suggestion that the sidewalks also connect to the future trail along Wayzata Boulevard and the County has concurred with that. Barnhart said the Comp Plan amendment will be required;currently this property is guided for a high density residential of 20-25 units/acre. When a project to that level of density came forward,the Council suggested that it is a bit too dense for this area and they wanted to see something a little more consistent with the Stone Bay Development. Based on that feedback the project came back with a townhome development at 10-20 units/acre. From a Met Council standpoint,they look at densities based on the lowest number of the range,so they only care about the 10 units/acre. This project is 10 units/acre so it meets the minimum requirements for that density guidance. During the sketch plan review Barnhart commented that it seemed like they had enough capacity from a density calculation standpoint,which they do,this project will reduce the density of the City from about 4.16 units/acre to 3.79 units/acre. They may recall the minimum is 3 so they are well above that. He reported earlier that the 2021-2030 growth periods,the City must provide opportunity for growth in its sewered area to meet the expectation of demand. Earlier he had reported that they had capacity there and in his revision of the calculation he noticed they were short 4 units. In speaking with Met Council,the staff person he spoke with seemed to think that 4 units is within the acceptable limits,however he has not received confirmation from that person's superiors at this point. If the Council is uncomfortable in moving forward,they can certainly table until they get the feedback. In terms of affordable housing units,they do meet the minimum requirements there and the Council may recall the Met Council looks at affordable housing as any unit or area guided for density of 8 units/acre or more. The City is required to have 15.4 acres guided at that density, and keeping this project at 10 units/acre it does not impact that at all. Barnhart said this project was developed as RPUD zoned. As most of the City's high-density projects come through as an RPUD,Barnhart likes to identify all the areas where waivers may be requested, and the RPUD district allows the Council the opportunity to grant waivers in order to satisfy other City goals,density being one of those. They do not have a zoning district that allows this level of density by itself,all of the higher density projects come through as an RPUD zoning district. Generally,the project conforms to the standards established by the RPUD district and Page 10 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 26. LA21-000014—MARK RAUSCH AND AZIZ SADDIQUI OB/O UNIVERSITY OF ST. THOMAS AND DAVID WEEKLY HOMES,NW CORNER OF WILLOW AND WAYZATA BLVD.,COMPREHENSIVE PLAN AMENDMENT,ZONE CHANGE,PRELIMINARY PLAT, AND DEVELOPMENT PLAN APPROVAL—RESOLUTION NO.7177—Continued there are a couple waivers he wants to alert the Council to. There are external setback requirements off of Kelley, Wayzata, and Willow. Setbacks required off of Kelley are 35 feet, off of Willow and Wayzata are 50 feet,and there is a drive line setback of 20 feet from the property line. The drive line off Wayzata Boulevard is 10 feet(waiver is requested), and the Applicant proposes a row of arborvitae or screening along that edge to provide some buffer. The buildings are 35 feet off of Kelley and meet those requirements;most buildings are 50 feet from Willow Drive though lot 4 is 36 feet back(waiver of 14 feet requested). Blocks 6-8 are 50+feet from Wayzata Boulevard and are okay. The external setbacks were an issue during the sketch plan review and at the time the setbacks were quite a bit tighter. During the development of that project,they came to learn that they really cannot drop below 10 units/acre—if they start dropping below 10 units/acre or 37 units they start running afoul of those other things mentioned,such as the affordable housing calculations and the overall growth numbers. They go from a deficit of 4 to a deficit of more than 4. The Applicant really tried to stay to the minimum 35 feet and has conformed to the setbacks with the exception of that issue. Staff does support that change. Barnhart said one concern Staff has,and identified with the Planning Commission,if they look at the overhead map there is a potential concern is the front of the buildings front onto sidewalk. Owners would enter the garage space from the rear of the structure and it is this area(noted on screen)that the rear of the structure faces Willow and faces Wayzata which are two highly-visible streets in town. He wants to make sure the Council is aware that is the face that will be seen as one is sitting at the intersection—they will be seeing the rear of those buildings and the garage doors. The screening proposed is fairly robust based on the landscaping plan,but from a planning perspective they generally try to avoid a situation where screening or landscaping fixes the problem,rather they try to find situations where berming or street orientation or other features help address a design issue. From a Planning Staff perspective,they identified a potential concern as to how those buildings are oriented. In solution, Staff suggested perhaps flipping the buildings so the front would face out,then they would have the"public face"of those buildings. To do that they would route the road interior to basically circle Outlot C there. The Planning Commission was not supportive of that suggestion;they did not think it was necessary and to flip those buildings they would have to reduce the setbacks a bit further and the Planning Commission was not willing to go that far. Barnhart throws that out there and looks for feedback on whether the Council would like that. The Applicant did react to the Council's comments from the original sketch plan process. Crosby asked if there is any room for berming. Barnhart replied no there is not, it is a 10-foot setback. Even with 20 feet it would not be enough for berming. From an RPUD standpoint the project shows the 10%private recreation area and since this project will be a subdivision there will be a park dedication fee required. Seals said if they mimic what Stone Bay has,they do not have any garages facing exterior. Walsh noted they would have the fronts on Kelley. But the problem is this project has three roads on three sides. Crosby noted there are no garages sides showing on Stone Bay. Page 11 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 26. LA21-000014—MARK RAUSCH AND AZIZ SADDIQUI OB/O UNIVERSITY OF ST. THOMAS AND DAVID WEEKLY HOMES,NW CORNER OF WILLOW AND WAYZATA BLVD.,COMPREHENSIVE PLAN AMENDMENT,ZONE CHANGE,PRELIMINARY PLAT, AND DEVELOPMENT PLAN APPROVAL—RESOLUTION NO.7177—Continued Barnhart said off of Willow the setback is quite a bit greater as there is a wetland and vegetation there. The buildings on Kelley have their front there but there is also an elevation change;they do meet the 30- foot setback. Walsh said part of what they must remember is the back will be facing Highway 12, so it is not like people are walking their dog down the street. Originally what was nice about this is that they obviously zoned this way too dense and the Applicants came in,took the advice the Council gave the previous developer,brought it down to 37 units, and he appreciates their flexibility. Now it is just the fine-tuning. Along the Highway if they have the backs and some arborvitaes to brunt that a bit;the same with Willow, the only thing across from there is Harvest Moon and Otten Brothers with trucks coming in and out all the time. Crosby said they could add some type of fencing. Barnhart noted the Applicant proposes an ornamental style fence along Willow,Wayzata, and the west side,but that won't be intended to screen. Crosby stated they will see the recreation area in the middle where it is safer for families and kids. Johnson said the Applicant made a lot of changes since the Planning Commission and that is not one of the changes they made and there is probably a reason. Walsh noted the Applicant is here and invited them up to talk. Aziz Saddiqui with David Weekley Homes, 12000 White Water Drive,Minnetonka,thanked the Council for all the feedback from the previous year. There were three big points they took away from Council and Planning Commission: setbacks,the unit count,and to find a place for the open space area play structure inside the community-originally it was along Kelley Parkway and Planning Commission felt it was not safe there. This particular plan and the way it navigates the streets,the way the homes are designed,and the walkway system has a safe access to a majority of the units to walk to the park from the front door rather than crossing the road and going into it. They tried to flip this one building and presented that option to the Planning Commission and Commissioner Libby who is present tonight supported that. Mr. Saddiqui's team feels with the flow of the streets this works better,when they flipped the units facing Wayzata and Willow,the first question that came up was if someone is living there would they want to wake up every morning and look at Wayzata Boulevard or Willow Drive. From that perspective,they looked at what they could do to make it work,and they thought of flipping it so they have a parallel street next to Willow and Wayzata which gives the setbacks they need and the street system. Then they asked what else can they do to secure it a little bit more, so they brought in the ornamental fence and the arborvitaes. Some concerns the Planning Commission had is the survival of the arborvitae and the Applicant is open to the idea if the City wants to recommend a certain plant. David Weekley Homes' landscape architect feels the kind of plantings they are proposing will serve well and sustain as the distance is quite far from the snow and salt and it would work out well. As they all know, it is 100% HOA maintained for all the utilities,streets,streetlights,parks,etcetera. The way they have finalized it— Page 12 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 26. LA21-000014—MARK RAUSCH AND AZIZ SADDIQUI OB/O UNIVERSITY OF ST. THOMAS AND DAVID WEEKLY HOMES,NW CORNER OF WILLOW AND WAYZATA BLVD.,COMPREHENSIVE PLAN AMENDMENT,ZONE CHANGE,PRELIMINARY PLAT, AND DEVELOPMENT PLAN APPROVAL—RESOLUTION NO.7177—Continued and they are open even at this point in time, if the Council decides to flip the building—he thinks the street will be an issue the way the stubs will come out,and they circulated that plan, it did not look that great, so they went back and revised it. The Planning Commission thought the same thing as David Weekley Homes and more importantly,as a home owner,what would they want to see if they are living there. That is what is really comes down to. Walsh likes the sidewalks,safe walking,the streets are wide enough,and they want it to be livable. He thinks it makes a lot of sense to have things,not unlike across the street when looking at all of their public areas,they are all in the middle rather than the outsides. Mr. Saddiqui said one comment from the Stone Bay neighborhood meeting was that a play structure does not serve well in their community. If the Council is open to any other structure such as a pavilion,he is open to that idea. For now,they just left it with the play structure to perhaps target single parents,young couples,or retirees. If the play structure does not work out,they are open to changing that. Crosby believes at Stone Bay they have some type of gazebo. Johnson asked the price point on these homes. Mr. Saddiqui answered currently they are shooting between$440,000-$470,000 and are still about$40- $50,000 below Stone Bay but they feel very good about where they are at. Initially they thought of around$390,000-$410,000 but in the last 7 months the prices have skyrocketed. Crosby likes the things the Applicant has done and thinks they are being about as accommodating as one can. They have reduced the density and he likes that the center is the attraction. Johnson thinks that Staff was saying if this gets built and people complain about seeing garages,they warned the Council. Crosby said he is not as concerned with people driving by but the people that are living there. Walsh said if one is at the Orono Orchard stoplight,they see everyone's garage all the way down the road. Crosby is thinking more safety of the neighborhood and he thinks it is well done. Barnhart noted all the roads will be privately maintained,the utilities will be constructed by the developer but the City will be maintaining those, and the fees are outlined for the trunk and other connection fees. Staff put together a resolution for approval and are looking for feedback on some of those issues in terms of the density and the design of the project. Johnson thinks it is a good idea to connect that trail. 1 f 24 Page 3 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 26. LA21-000014—MARK RAUSCH AND AZIZ SADDIQUI OB/O UNIVERSITY OF ST. THOMAS AND DAVID WEEKLY HOMES,NW CORNER OF WILLOW AND WAYZATA BLVD.,COMPREHENSIVE PLAN AMENDMENT,ZONE CHANGE,PRELIMINARY PLAT, AND DEVELOPMENT PLAN APPROVAL—RESOLUTION NO. 7177—Continued Walsh asked if that was in the comments. Barnhart replied he did suggest connecting to the trail along Wayzata Boulevard. The County also provided some comment and asked for some additional right-of-way at the corner for an American Disabilities Act(ADA)accessible ramps;the Applicant suggested that would be feasible. The fire department suggested some changes as to where the hydrant would be located and that is incorporated in the memo. The Applicant has not raised any issues in which they are not willing to work with the City on. Staff recommends approval of the 4 actions before the Council. Barnhart noted right before the Planning Commission meeting there was a private meeting and Staff received a number of comments after that which he has shared with the Council. Primarily the main issue that has not been addressed is the location of this drive. The neighborhood across the street has some concerns that this driveway will impact properties across the street from a headlight standpoint. Johnson looked at that and did not see it. Barnhart said the concern is that headlights from cars exiting the site will shine on the front spaces of the buildings. Crosby said aren't the other buildings more elevated across the street. Barnhart noted there is some elevation change and the engineer has done some searching on the issue and can comment on that. Mr. Saddiqui clarified the proposed site is about 3.5 feet below and they went back to the traffic engineer internally and looked at it. Where the drive is coming out is the highest point on Kelley Parkway which is an ideal location and it happens that it is right across from the other cul-de-sac and is not really shooting directly in. Walsh said having the streets straight across from each other is about as good as they can get. Seals asked to zoom in and said it is quite a ways. She suggested arborvitaes on the other side. Johnson said they are lined up and it makes sense to him. He noted they could get some headlights over there but this is a high-density area. Walsh said likewise the people there will be up higher and shining lights into this property. Barnhart pointed out that arborvitaes on that side of the street are not an option because this is the emergency fire area and they cannot put additional screening in that location. Walsh said it is about as good as they can get. Johnson agreed right into the cul-de-sac. Page 14 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 26. LA21-000014—MARK RAUSCH AND AZIZ SADDIQUI OB/O UNIVERSITY OF ST. THOMAS AND DAVID WEEKLY HOMES,NW CORNER OF WILLOW AND WAYZATA BLVD.,COMPREHENSIVE PLAN AMENDMENT,ZONE CHANGE,PRELIMINARY PLAT, AND DEVELOPMENT PLAN APPROVAL—RESOLUTION NO. 7177—Continued AttorneyMattick noted theycan approve all four actions with one motion. Pp Johnson asked whether they want to wait for the clarification from the Met Council that they are still within the range and it will not trigger different density. Barnhart noted that is an option. The Staff portion suggested that the four-unit difference over the next 20 years is within the acceptable limits,and it seems reasonable to Barnhart. However, if the Council wants to hold off until that answer comes back. Johnson asked if they can make it subject to that. Barnhart clarified when the Council approves the Comp Plan amendment,they are directing him to initiate the application to the Met Council and they will find out then. Johnson asked if it is subject to getting that approval. Barnhart said it would be subject to their approval. All of the other approvals,the preliminary plat,the Master Plan,the zone change, are all predicated on the approval of the Comp Plan amendment. Johnson stated that is pretty relevant that Met Council accepts that as reasonable. Walsh asked how long it would take to get that from the Met Council. Barnhart was hoping for it to come in today but he has learned if they say one week...add two. He would hope to hear by the end of this month. Crosby said they are talking the difference of four units. Barnhart said yes. Walsh said it would probably make sense to say, if they like all the things they are seeing,to make a motion to direct Barnhart contingent upon those four conditions,just like the conversation he has already had. Johnson stated they could just make a motion to draft. Attorney Mattick noted they have already drafted the resolution. Crosby said they make the motion with the four items in there and that is how they go. Johnson asked if Mr. Saddiqui was going to give an opinion on it. Page 15 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 26. LA21-000014—MARK RAUSCH AND AZIZ SADDIQUI OB/O UNIVERSITY OF ST. THOMAS AND DAVID WEEKLY HOMES,NW CORNER OF WILLOW AND WAYZATA BLVD.,COMPREHENSIVE PLAN AMENDMENT,ZONE CHANGE,PRELIMINARY PLAT, AND DEVELOPMENT PLAN APPROVAL—RESOLUTION NO. 7177—Continued Mr. Saddiqui suggested they go on with the application,vote on it,and then obviously everything is contingent upon the Met Council approving the amendment change. Then they do not waste time,they continue to work, and continue on. Walsh agreed that makes total sense. Johnson wants to do that but thought Barnhart had an issue with that. Barnhart said no,they are fine,he just wanted to be up front with the Council as he noticed a discrepancy that he had not identified earlier and wants to be sure they were aware of it. Attorney Mattick again said they can do all four of those items in a single motion with the caveat that it is subject to the Met Council's review of this as proposed. Johnson asked if there are five items. Barnhart said there are four. The actions include Comprehensive Plan Amendment,zone change, preliminary plat and Master Development. Johnson moved,Crosby seconded,to approve Resolution No. 7177-LA21-000014—Comprehensive Plan Amendment,Zone Change,Preliminary Plat,and Development Plan subject to the Met Council's review as proposed. VOTE: Ayes 5,Nays 0. Seals asked Staff if they made any progress,as she believes they talked about changing those ranges so they are smaller for density so it's not such a wide swath. Walsh said so they could adjust it to whatever they wanted to basically. Johnson asked them to repeat that. Walsh said instead of making it a 10-20,they make it 11-20, and instead of 5-10,make it 5-11. Seals said yes,to shrink that ratio. Barnhart apologized and said if that was direction given to him,he does not have a solution for the Council in terms of an actual action. The Council is talking about introducing new land uses,which they certainly can do, and create their own range for those. That is probably a pretty robust change just because they now have to have zoning that ties to that—which again is not impossible,cities do it all the time—but it is a pretty active, intense type of development. He noted this is relatively small as they are talking about 37 units, and the Council is talking about a change that impacts the whole City. They certainly can do that and schedule a work session to talk about what the goals would be for that. Seals thinks that would be good, she noted it came up that they wanted to shrink that down. Page 16 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. Walsh said they were debating what it takes,and that is why they needed that extra unit so they could get to 10 units versus 9.7. He clarified if they were at 9.7 all the City got was 5 units,but if there was 10.1 the City got 10 units. That was the whole basis of that conversation. Seals would like to at least have a plan to address it and talk about what that would look like. She understands it would take a lot of work and does not expect it tomorrow. Johnson said next week will do fine. He asked what relationship the City has between what the school district can handle and this density need. When do those conversations start to collide? Printup thinks those conversations happen pretty frequently. Walsh stated they need to have those conversations with Medina,because they are building 300-400 homes at a crack. Johnson said Independence,too. Seals asked if they go to Mound Westonka or Orono. She thought it was Mound Westonka. Johnson said on the south side of Maple Plain there,Independence has that and it is all slated for high density residential in Orono schools. Crosby asked what is the sign—when the teachers pull their hair out,then they've gone too far? Seals would say the new Superintendent might pull her hair out sooner. Walsh asked if they would go from a different class of school which means a different class of sports, which means they compete against all of the super big schools versus the same size. Crosby said then there would be another referendum. Walsh stated that is when they would need another school,or a bigger high school, or all of that stuff. That is why Orono is trying to keep it down as much as possible. He said it might be a good time when they have a half hour for a work session and have nothing to talk about,they can address that. He knows it would give Attorney Mattick lots of work if they had to add districts all over the City. Johnson said Attorney Mattick is trying to get into that top 5 vendor. Attorney Mattick stated he's got some work to do. Printup stated that is why they have that vendor list. 27. LA21-000015—WILLIAM STODDARD OB/O MILLER LIVING TRUST,PID 34-118-23-32- 0002—SKETCH PLAN REVIEW Barnhart said this is a sketch plan,it is not a public hearing,and they are looking for feedback on a proposed development on the property north of the Fire Station on Willow Drive. This is also north of Page 17 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 27. LA21-000015—WILLIAM STODDARD OB/O MILLER LIVING TRUST,PID 34-118-23-32- 0002—SKETCH PLAN REVIEW—Continued the City property where the community garden is held. Typically,he already has some feedback from the Council on what they expect from the project based on previous applications. This is the first one he has been aware of for 5-6 years on this property and the previous one had come and gone well before Barnhart's time and involved quite a bit more property. He is looking for feedback and frankly,does not have a lot of advice to give the Applicant so he is looking for feedback from the Council.During the development of this project, Staff identified 4-5 foundational issues,one of those being the access. This area,when the Fire Station was developed, anticipated access to these properties via Redinger Drive,the public road south of the Fire Station,which would require an easement or some sort of access through the City property. The Planning Commission was not supportive of that and suggested that an access off Willow Drive would be appropriate; initially Staff had some concerns from a sight visibility issue and a safety perspective. The Applicant and the City Engineer have reviewed the proposed location of the drive and can support the location as it is shown. Right now,there are 6 buildings,each have 2 units,for a total of 12 units with a private drive or road off Willow Drive. Staff looks for confirmation on the access location for that. Another issue was the storm water design and storm water management for the property. At the sketch plan level,they do not usually get a lot of engineering in terms of how the utilities and storm water will work and they do not expect that. The Applicant has suggested that some of the storm water management would occur off site and would like the Council and the Planning Commission to keep an open mind in terms of the best solution for the storm water management over the course of the development process. The Planning Commission was reluctant to support storm water management that occurred off site,especially if all of the development is occurring on this property. They did agree to "keep an open mind." Barnhart noted this project is likely to be developed as a RPUD zoning district and the Council may recall the RPUD requires a 5-unit minimum acre for a lot size,unless adjacent to another RPUD zoning district;then they can kind of piggy-back off of that one.The Orono crossing project the Council just saw is kind of attached to the Stone Bay project so that is how they get by with the 3.7-acre project. This one is 1.71 acres and is quite a bit smaller than the 5 acres, so immediately they are looking at some sort of waiver from that requirement. The other option is to create its own zoning district for this project—that raises its own unique challenges—but it certainly can be done. The Planning Commission was not open to creating its own zoning district and seemed to support the RPUD waivers from a zoning perspective. He wants Council to confirm the use of the property. The twin home or duplex-style development here is consistent from a density guidance standpoint for the Comprehensive Plan,it is right in the range of 3-7 units/acre so they are good from that perspective. The Commission did not add any new design standards. Basically,Barnhart is looking for Council comment on zoning, access, storm water management,use of the project(twin home concept),and the design standards if there are any specific goals in mind for this property. Johnson asked if it is in RR1B zoning district. Barnhart believes so. Seals asked if it is the 3-10 units/acre. Barnhart said the land use guidance is 3-10 units/acre. Seals asked how m any acres are there. Page 18 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 27. LA21-000015—WILLIAM STODDARD OB/O MILLER LIVING TRUST,PID 34-118-23-32- 0002—SKETCH PLAN REVIEW—Continued Barnhart replied 1.71 acres. Johnson asked what can be done in RR1B. Barnhart answered RR1B is basically single-family homes;there are other uses but they certainly cannot go to this level of density. That is why they are looking to change the zoning district. Printup is not very comfortable changing zoning right now in that area—it is a pretty tight area and they have had things come before the Council trying to make things work over there. Johnson said on this lot,too. He asked what the other deal was that Barnhart spent a lot of time on. Seals remembered they wanted the Council to sell the back lot so they could combine the two. Printup said it is always tied to the back lot. Johnson noted regarding this application,the Fire Department is on one side and the Highway on the other side. He does not know why they need to do anything special for it,but it is not a special piece of real estate. Printup stated thinking of the future,that area might look different and rather than puzzling pieces together and weird zoning for just a one-acre spot,that could turn into more. They do not know what will happen with the building. Seals just sees problems,knowing the activity of the Fire Department, it is not a good idea. Johnson noted they really cannot concern themselves with that. Seals said no,but they owe it to themselves to have those conversations. Think about the complaints from Stone Bay about public works trucks backing up. Do they not think screeching out of there at 12:30 a.m. all sirens blazing is not going to evoke a few lights in the fronts of their buildings? If they are talking about headlights,that is a headlight. Walsh said they also do not know what they are doing with the Community Garden,what they are doing with the Fire Department,and do not know what that could become in the future if it is not a fire building. Crosby asked right now,how many units it is zoned for. Seals said 3-10 units/acre. Barnhart said to keep in mind there is a difference between zoning and the land use guidance. The zoning RR1B allows one unit per two acres. So,one house could go on this. However,it is guided for 3-10 which does require the City to have zoning that matches that. Seals asked which one trumps the other. Page 19 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 27. LA21-000015—WILLIAM STODDARD OB/O MILLER LIVING TRUST,PID 34-118-23-32- 0002—SKETCH PLAN REVIEW—Continued Barnhart replied the Comprehensive Plan trumps,which is the guidance. Walsh said right now this is guided at 10 units and the Applicant is at 6 units/acre;he clarified that the City only gets credit for 3 units. Crosby said there are 12 units here,what is he talking about. Walsh replied in terms of density and providing as many units as the City is supposed to provide for 20 years, if it guides from 3-10 and they only get 3 towards their number. Even if they put 6 at density,the City only gets credit for 3. He does not know if changing and making a whole new zoning district makes a whole lot of sense right now. Johnson asked if the City Council's guidance to the Applicant is to do whatever they want within what it is guided for. Printup noted there are still water issues. Johnson replied the Applicant still has to meet all those,the Council does not have to grant any cooperation or variances. Walsh said this is part of the whole conversation with water access through Long Lake and they will not let anyone get water through there at this point. He thinks Long Lake is obligated to on this site,as there is an agreement;that would be a lawyer fight. Crosby clarified they would be getting the water from Long Lake? Seals replied yes and she does not think they will give Orono the water. Walsh said even though they are obligated to,that would just be a fight...although it is a fight they could have. Printup noted that is a good point and years ago Long Lake said they did not have the capacity. Olson stated that is the wording on the contract: "if'they have capacity. Crosby said the negative side is Orono is not trying to push for more density,they have already said the density will go along Highway 12,so they want to minimize density. Walsh said if they are going to see it,he would rather see it more on the low end on the 3 where that is all they get credit for in the guidance. There is no reason to double it. If the Applicant came back with 3 versus 6,he would probably be more apt to look at it,but the fight on even getting access to water would be an issue. Johnson clarified it is each building so that is 6 units. Walsh said there are 10 in there right now but it is 1.7 acres so that is 6 per acre. Page 20 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 27. LA21-000015—WILLIAM STODDARD OB/O MILLER LIVING TRUST,PID 34-118-23-32- 0002—SKETCH PLAN REVIEW—Continued Crosby said Walsh is talking about 3 buildings. Walsh replied if they have it guided for 3,there would be 5 units instead of 10. He thinks the guidance from the Council would be if the Applicant came back with 3 units which is the low end of the guidance, he thinks the Council would be more willing to work with that. Then obviously,they have to figure out the storm water and all that,but from a density standpoint that would be it. They should also know there will be a fight on the water issue. Barnhart confirmed storm water management must be on site. The Applicant,Bill Stoddard of 440 3rd Street Excelsior,approached the podium. He was an Orono resident for 20 years, lives in the same zip code,and was on the Planning Commission in the mid 1990's. Barnhart made him promise not to keep the Council up until 1:00 a.m. like they did on a few of the Spring Hill Golf Club items they reviewed. Mr. Stoddard is a pretty low-key developer,he did the 10 brick row houses by the Excelsior Brewery,the 18 twin villas a block away on the same bike trail,and down Highway 55 the 172-unit apartment building in Golden Valley. He does a number of things, and since the Planning Commission meeting,they made a few changes to the site plan which the Council sees today. They had a little access to the park on the east side, changed the entrance area and had a traffic engineer provide an opinion letter regarding the sight line. There is an emergency vehicle kick-out to the south in case the Fire Department wants to come a few feet to put out one of those fires. This is also a non- ornamental fence project,finally the storm water management was just a thought,and he is getting some feedback about density. This project would probably not work at all to put in all the necessary utilities from the sanitary sewer and water; one is south of the Fire Department on Willow Drive and the infrastructure costs would all be the same. To share those over five units really would not work. He said they came up with a density that they thought was smack in the middle of the City's guided density. In terms of storm water,they have not done any borings to date and to keep it open after they design it,if they are going to lose a bunch of units,would the Council want the storm water on the City-owned land. That would be if they designed it and built it large enough to accommodate the south access road that could eventually go to serve the Community Garden area. The Council pointed out it is a unique site and is not the most preferred lot in Orono. Mr. Stoddard is here to brainstorm their thoughts and concepts. It is guided for residential and he asked if this is something the Council would rather see a commercial use on;then perhaps they wouldn't care so much about the sound from the Fire Department. He is available for questions and thanked the Council. Seals said she feels for the Applicant in having to figure this out as it is a really tough,narrow lot. She spoke with some of the Firemen and Planning Commissioners. She received feedback that this was not something they were super excited about because of the density,the Fire Station being right next to it,and she knows the water will also be a big struggle and that is perhaps the Achilles' Heel of the project. She thinks 3 makes sense to the Council but the Applicant needs a bigger number to make it work and they are just not there yet. Crosby thinks this Council is pretty much committed to the lowest density possible, if it is open space and never gets developed,they could care less and that would be great. As Seals said they could probably go with 3 units/acre and go from there. He does not see as much of an issue from a Fire Department standpoint,even though Seals has received some feedback,because typically when they are exercising, their water is going to the rear of the building. He could see the water as being a major issue and that Page 21 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. 27. LA21-000015—WILLIAM STODDARD OB/O MILLER LIVING TRUST,PID 34-118-23-32- 0002—SKETCH PLAN REVIEW—Continued could be a nightmare if the Applicant cannot take care of that situation. He thinks a lot of builders are under the misconception that Orono wants building here—and they really do not. The City has basically designed it for density to be along Highway 12. Walsh said even there, on that last development they brought it to the lowest common denominator they could bring it to. Crosby noted people move to Orono because they do not want the density. Mr. Stoddard asked did it just change from high density to the medium density in the last Comprehensive Plan. Walsh said yes,and the Council is willing to stick with that,but at the lowest common denominator of the 3-10 guidance,so they are basically at the 3 guidance. Mr. Stoddard replied that does not work at all for residential use. He asked if the Council would consider commercial use or a different use. Walsh said they would be willing to listen to whatever the Applicant has. Printup thinks a lot of the neighbors are okay with how it is now. Walsh stated they are always open to suggestions. For now,they have given guidance. The iteration previous was the second developer and that was the third time coming back,getting it down to the right spot. Does that mean that this may not ever work? That could be the case,he does not know. Crosby does not have a problem with the design aspect it is more the density aspect. MAYOR/COUNCIL REPORT Printup said Tanager Bridge construction started and is diverting a lot of speeding traffic from people who are not used to 30 mph and are flying right along Brown Road. The police are aware of it and are making a presence. Johnson said the Police Chief has four cars patrolling that road. Then he clarified maybe it was that they have made four stops. Edwards said that is correct,they made four overweight stops today. Printup did the polar plunge on Saturday, it was a beautiful day to do it,it is a good cause,and good energy. Page 22 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. MAYOR/COUNCIL REPORT—Continued Seals also did the polar plunge. She is pumped that the middle schoolers are back and today was their first day. It is very exciting. She hopes soon they can get outside and do more activities—she said their parks need to be open soon. Johnson received a thank you note on the trail and he thanked Edwards and his crew for keeping that going. It was a good pilot program and perhaps they will receive some follow up from Olson on Three Rivers when they were here. It makes a huge difference and the comment was that the ice is already off of it by and large because the City was plowing it. It was used a lot and he is glad they did that. Tanager is closed and it is good on his end over there, it is so peaceful on Shoreline Drive. He is receiving a lot of questions on how long it will be closed and he noted they are taking down the hill there. He took a picture of a truck on top of the hill taking trees down and said it must be 50 feet high. Crosby asked if that hill was checked for burial ground. Edwards replied yes it was. Johnson said it was from when they cut the channel through there. Edwards clarified it was mostly dredging materials. Printup said don't they have rules about taking down trees around the lake. Walsh said it is the State—they do not apply to that. Crosby said happy upcoming St.Patrick's Day to everyone. He noted the trails over the weekend were fantastic. The one thing he will say to the bikers as people are out walking: slow down,you are not Lance Armstrong,be careful of pedestrians because they always have the right of way. Walsh is also very happy the kids are back in school,although his kids are not that happy to get up so early. He was at Disneyworld for the last 10 days,and if anyone wants to know what the mask police look like,just go to Disney. One must wear their mask all the time anywhere you go unless you are actively eating and you have to be standing while eating or drinking. He said there are patrols out there looking for people not wearing their mask correctly. He said it was fun but it got old wearing a mask from 8:00 a.m.to 7:00 p.m.when it was 80 degrees outside. He noted spring break is coming up so the Council meeting is moved from two weeks to three weeks. CITY ADMINISTRATOR REPORT Olson updated the Council. They contacted the bridge that Printup had mentioned where there was graffiti—it is a Hennepin County bridge and supposedly they are moving it up their ladder. Tomorrow evening Edwards and Olson will attend a special meeting of the Spring Park City Council to discuss providing public works services. He gave a heads up that there is a dock issue working through the process now,it is going to the next Planning Commission and there is some unrest on the residents of Big Island about someone wanting to put a dock on City right-of-way,which is allowed. If the Council receives a phone call on that,they are aware of it. Page 23 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 8,2021 6:00 o'clock p.m. CITY ADMINISTRATOR REPORT—Continued Seals asked,wasn't there already a topic that came up on that. Walsh said that was because they let the lady build or get an easement with her buddy to build a dock. Crosby asked where they are with the flag pole outside. Edwards noted they are all on order. Barnhart mentioned the dock issue and said starting Monday,March 15,the City will have a new Building Inspector. On Friday they sent out 654 emails to property owners or Applicants that had filed for a building permit in the last 14 months; only about 10%of those were bad emails. They are doing their best to notify people of the change and inspections will be scheduled starting Monday through MNSpect. Walsh thinks it would be good to hear an update every Council meeting as that is a whole new thing. He suggested a Barnhart report at the end of the meeting. Barnhart suggested at the beginning of the meeting. Johnson said he wants that because he's not always there at the end of the meeting. Walsh joked and said Attorney Mattick wants his report at the beginning,too. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. ADJOURNMENT Crosby moved,Printup seconded,to adjourn the meeting at 7:46 p.m.VOTE: Ayes 5,Nays 0. ATTEST: jzffiet_ A I ah Anna Carlson,City Clerk De is Walsh,Mayor Page 24 of 24