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HomeMy WebLinkAbout07-13-2015 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 7, 8, 9, 10, and 15 - 21 were added to the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF JUNE 22, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of June 22, 2015, as submitted. VOTE: Ayes 5, Nays 0. *3. CITY COUNCIL WORK SESSION OF JUNE 22, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council work session of June 22, 2015, as submitted. VOTE: Ayes 5, Nays 0. LMCD REPORT — GABRIEL JABBOUR, REPRESENTATIVE LMCD Representative Jabbour reported the LMCD is in the process of updating their strategic plan. Jabbour stated the LMCD has an exceptional person helping to guide the process but that he has concerns it will go on the shelf again and the new Board will forget about it. Jabbour indicated he spoke to Mayor McMillan, Water Patrol and other agencies about regulating and patrolling Lake Minnetonka due to the extreme stress that is being placed on the system throughout the summer. Jabbour stated there have been instances of people walking across private property and swimming to Big Island. Jabbour stated it is not unlikely when he is on the Island that he will find variety of people coming to his home in an attempt to find a way to Excelsior. Jabbour stated he is mostly concerned about the amount of emergency calls. On the 41 of July, there were 75 calls, with 17 of those being emergencies, in just a few hours. Jabbour stated the North Shore Marina and the Lafayette Country Club assisted with the emergencies. As a result of the number of calls, Jabbour indicated he sent a letter to a variety of people and received a response from the Assistant Chief with the Long Lake Fire Department. Jabbour distributed the letter from the Long Lake Fire Department to the Council. Page 1 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Jabbour stated one young lady had her legs cut by a propeller, another person severed his spinal cord by diving into three feet of water, and two people stopped breathing, which resulted in a tracheotomy being performed. Jabbour stated personnel from both North Memorial and HCMG had to respond given the number of calls and 100 percent of the ambulance supplies were exhausted. In addition, two helicopters were in operation at the same time to handle the emergencies. Jabbour displayed some pictures of the area near Big Island from the 41 of July. Jabbour stated given the number of people that were in the water, it would have been physical impossible for the Water Patrol to gain access to someone in the middle of the crowd if they required assistance. Jabbour commented he is not sure what the solution is, but that he would encourage the City Council to think about this. Jabbour noted this was also the second year in a row for a corporate entity promoting their products without a permit. In addition, there were a lot of physical fights as well. Jabbour displayed a picture of volunteers cleaning up the area near Big Island. Jabbour indicated it is necessary to clean it up within a day or two before the zebra mussels attach themselves to the cans and/or bottles. Jabbour stated once zebra mussels are attached to the cans, they can no longer be transported or disposed of in the normal way. There was also a fair number of broken glass bottles discarded in the water or on the Island. Jabbour stated he would like to thank the volunteers who helped clean up the debris. Council Member Levang stated the pictures are astounding and that it is a serious issue that needs addressing. Jabbour stated due to the way the LMCD was created, Orono's voice is drowned by people who have little ownership along the lake. Jabbour noted Orono abuts 30 plus percent of the lake but yet does not seem to have a very large say in what happens on the lake. McMillan stated she appreciates the volunteers who helped clean up the debris. PLANNING COMMISSION COMMENTS — LOREN SCHOENZEIT, REPRESENTATIVE Planning and Zoning Commissioner Schoenzeit stated he had nothing to report but would be available for questions. PRESENTATIONS 4. SENATOR DAVID OSMEK Senator Osmek, District 33, addressed the City Council regarding this past legislative session. Osmek stated at the beginning of the session, he was promoted to ranking member of the Energy and Environment Committee and that he was the only freshman with that designation. Osmek stated that assignment led to a lot more work than he anticipated but that he worked well with Senator Marty even though they do not agree on many items. Osmek stated he has been wonting on the Fair Equipment Repair Act, which addresses the intellectual property on people's cell phones and computer operating systems. Osmek stated companies are claiming that intellectual property as solely their own and are withholding schematic and technical information as Page 2 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. well as patches to their software, which makes it difficult to repair the equipment and results in the computer equipment ending up in the landfill. Osmek stated this legislation will be better for the consumer in the long run as well as the environment. Osmek indicated he is also on the Transportation and Public Safety Committee and the Ag Environment and Economic Development Committee. Osmek stated he would give this past session a C minus but that this session was a lot better than it was in the previous two years given the change in the House. Osmek stated one of the provisions of the agriculture bill the elimination of the citizens' board of the MPCA. Osmek stated that provision was somewhat misinterpreted by a number of people. Osmek stated the MPCA is an organization that has evolved over the years and is currently no longer working on behalf of the average citizen and was instead following more of a political agenda. Osmek stated there were instances in Stevens County involving Bakers Farm where a number of people raised claims to the citizens' board that were not accurate, which resulted in a dairy farm project being scrubbed and the loss of tax dollars. Osmek stated removal of the citizens' board will ultimately be a good thing and that people can approach their legislators with issues. Osmek indicated another bill he is very happy with is the Colton's Law Bill, which was a bill that was brought before the legislature from a Greenfield representative. This piece of legislation revolves around Colton Gleason, a Mankato State University student who died in St. Cloud as a result of an attack by a juvenile offender who was out on release on intensive home monitoring. Osmek stated because the monitoring equipment was not available, he had a weekend off without his electronic bracelets and committed this crime. Colton's Law says if someone is released on electronic monitoring, the electronic bracelets must be working before they are released. Osmek stated the legislature was not able to draft legislation this session relating to the death of former Council Member Kristen Anderson's son. Osmek stated the basic intent is to create a law or incorporate language into the statutes that says if a parent pays for the cell phone contract, they have the right to any data that is stored on the phone or server. Osmek indicated during the next session he will be sitting down with Representative Hillstrom to work on that piece of legislation. Osmek stated the legislature will be in session starting on March 8. Osmek encouraged the Council Members to contact him with any concerns they may have. Levang stated she has a concern regarding MSA dollars received by Orono. Levang asked whether there has been any talk about increasing that amount or changing the formula. Levang stated it would certainly be nice to have an increase in that budget so Orono can repair more roads in a timely manner. Osmek stated he is very supportive of that. Osmek stated in the Lights on Transportation Bill, the House and Senate could not agree because of the proposed gas tax and metro sales tax increases, but that they did create an account for small cities. Osmek noted that does not directly impact Orono but that it is a step in the right direction. Osmek stated small cities with a population under 5,000 do not currently receive MSA funds but that they have created a fund for them. Osmek stated one of his priorities is to increase the MSA funding. Osmek stated if there is a surplus collected by the state, he would like to give it back to the cities so property taxes do not have to be raised. Council Member Printup thanked Senator Osmek for working with his colleagues across the aisle on the data access issue. Page 3 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Printup asked Senator Osmek to provide some highlights of the work that was done in trying to reformat the Metropolitan Council. Osmek stated he was hopeful they would have made some progress on that item this past session but that unfortunately did not happen. Osmek stated in his view there does need to be a restructuring of the Metropolitan Council and that the plan is to try and get them to have some responsibility to the local elected officials. Osmek stated he would like the representatives on the Council to have to come to the cities and present their qualifications. Osmek noted the representative assigned to the Orono area has been there for five or six years but has not yet spoken to the Orono City Council. Osmek indicated the bill requiring the representatives be elected by the various City Councils was not successful but that there are three counties that are going to the federal level with the position that the Metropolitan Council does not have the authority to be the receiver of federal funds. Osmek indicated he will continue to work on that issue 5. 2014 COMPREHENSIVE ANNUAL FINANCIAL REPORT Michelle Hoffman, Financial Manager with Clifton, Larson, Allen, provided an overview of the 2014 Comprehensive Annual Financial Report. Hoffman stated under required communications, it should be noted that the audit provides reasonable but not absolute assurance. No new accounting policies were adopted in 2014 but there are significant accounting estimates in place to look at the useful lives of capital assets, valuation of investments, and post -employment benefits. Hoffman noted they received full cooperation from city management on the audit. Orono received a clean opinion on the financial statements, which is the best opinion that can be received. Two exceptions were noted on internal controls relating to preparation of financial statements and segregation of duties, which is something that has been noted in the past. Hoffman indicated that is not unusual for a city the size of Orono. There was one exception noted to the City's legal compliance related to the prompt payment of bills. Hoffman stated out of 25 disbursements that were tested, one was paid past the state deadline of 35 days. Hoffman stated as it relates to the financial results, the City's General Fund increased by approximately $500,000. Hoffman indicated there was no specific reason for that increase and the majority of the revenues received by the City come from property taxes, followed by user fees, licenses and permits, and then intergovernmental transfers. Expenditures remained consistent in 2014 with the prior year. Governmental funds remained very steady from the prior year as well; although, it is slightly less than 2013. Future debt service is projected to decrease in 2015, remain steady in 2016, and then decrease in 2017 and 2018. Hoffman noted in a tax rate comparison between the City of Orono, neighboring cities, the state-wide average, and the metro city population, Orono's tax rate was the lowest. Hoffman stated Orono has a very low tax rate especially in comparison to the state-wide average. Page 4 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Hoffman noted GASB No. 68 went into effect in 2015, which requires that government entities report a net pension liability for their allocation of the state -administered pension plans. The current draft PERA report shows the City of Orono's liability is $1.43 million for general employee pensions and $2.6 million for police and fire pensions. Orono also received the GFOA Certificate of Achievement for Excellence in Financial Reporting received in 2013. McMillan indicated she has two housekeeping items regarding the report. McMillan noted there is likely some incorrect wording under Item No. 17 in the report and that the fire service contract listed Wayzata instead of Long Lake. McMillan indicated the City Administrator has the changes and can provide those to Ms. Hoffman. Walsh asked what the underfunded portion is relating to the pensions Hoffman stated it is $5.6 billion for the State of Minnesota and that the City is only required to contribute to its pensions what is dictated by the state. Orono's liability is $1.43 million for general employee pensions and $2.6 million for police and fire pensions. Hoffman stated Orono has been contributing what they are required to every year by the state and that GASB No. 68 requires government entities to report a net pension liability as part of their audit. McMillan thanked Michelle Hoffman and Clifton, Larson for their work on the audit. McMillan noted Orono has a long tradition of being fiscally conservative, which has helped to keep the City's tax rate low. PUBLIC COMMENTS Gabriel Jabbour stated since he left office, he did not get involved in elections, but that he has watched this new City Council over the past six months and has become concerned about the interactions between the Council Members. Jabbour stated the last Council meeting was extremely disturbing to him. Jabbour stated the City of Orono is only as good as its benefactors and that over the years thousands of acres have been donated to the City. In addition, over the years the City of Orono has developed its own special brand, which he attempted to protect while in office. Jabbour indicated he also has spent a lot of his own personal money to keep that brand going through the years and that he sees it becoming diminished given the squabbles and accusations that are happening at the City Council level, which are really inappropriate. Jabbour stated he understands the burden the City Council has and the calls that the Council Members receive. Jabbour stated the City Council should think twice about how they approach things in the future. Jabbour stated the statement made at the last Council meeting about potential litigation was totally presumptuous since nothing is definite until it happens. Jabbour stated he would like the City Council to think about the value of the Orono brand and the value of the community. Jabbour stated he is seeing tens of millions of dollars in good brand being diminished. Jabbour stated Orono's brand has helped make Orono a success, which in turn has helped attract more successful people, and that people do not want to be in a mud -slinging environment. Jabbour stated in his view the City Attorney should have stepped forward in a situation like that. Page 5 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Jabbour noted the City Council represents the citizens of Orono and that he expects the Mayor to passionately and aggressively protect the vision of Orono. Jabbour stated if the Council wishes to change that vision in some way, there is a process called a Comprehensive Plan Amendment that would allow for that change along with public input. Jabbour stated he does not want the citizens to become scared as a result of a newsletter and that the City Council needs to be accessible to the residents. Jabbour stated with humility he would again ask the City Council to consider the value of Orono's brand. Michael Kuruvilla, Montessori School, stated a little over three weeks ago he heard that the road in front of the school will be closed for six months while they are doing the upgrades. Kuruvilla indicated he has approximately 80 students at the school, with parents who drop their kids off in the morning and pick them up in the evening Monday through Friday. Kuruvilla stated when you have a school or business where people have to come every day, two times a day Monday through Friday, a road closure will dramatically hurt that business. Kuruvilla stated he understands the road needs to be rebuilt but that in his view the County could builda road where the traffic can be kept open in both directions. Kuruvilla stated he also spoke with the Long Lake City Council who indicated they are supportive of that idea. Kuruvilla stated he would encourage the City Council to support that option as well and that he would like to work with the City to keep the road open in both directions. Kuruvilla stated he is a part of this community and that his school provides an education to the children of the area. Kuruvilla stated if the road is closed for six months, a number of people will be out of a job and he would lose his business. Rich Anderson, North Shore Marina, Shoreline Drive, stated he would strongly urge the City Council to line up with Gabriel Jabbour on the Big Island issue. Anderson stated his marina was involved in dealing with some of the emergencies and that the situation on the 4' of July was extremely disruptive. Anderson indicated he went to the meeting with the LMCD and the Water Patrol and that in his view the Water Patrol at the meeting downplayed the issue. Anderson stated they also got thrown under the bus by the North Memorial ambulance guy and that they did not follow the agreement that they had established ahead of the meeting. Anderson stated they had offered to pay for paramedics on the water patrol boats for the 4' of July but that they did not provide those. Anderson indicated they were told they were off duty for the 4' of July. Anderson noted the LMCD staff was all off on the 4'b of July but yet it is their duty to monitor the lake. Anderson stated Gabriel Jabbour stood up for the City at the LMCD meeting and that the City now needs to stand up for Gabriel Jabbour. Anderson noted Gabriel Jabbour is one of the few volunteers picking up the trash afterwards and that the City really needs to support him on the LMCD. Council Member Walsh thanked Rich Anderson for helping out on July 4'. PLANNING DEPARTMENT REPORT 6. #15-3739 GEORGE STICKNEY OF BPS PROPERTIES, 300 SIXTH AVENUE NORTH, PRELIMINARY PLAT Page 6 of 28 MINUTES OF THE ORONO CITY COUNCIIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Senior Planner Gaffron noted this is the City Council's first review of the preliminary plat for the parcel of land located at 300 Sixth Avenue North. The applicant is proposing a subdivision to create 11 new lots out of approximately 95 acres. There would be two new roads in the subdivision. The Planning Commission reviewed this application and held public hearings at its May 18 and June 15 meetings. On May 18, the Planning Commission tabled the application, requesting that the applicant provide additional information regarding the tree preservation covenant limitations that would be placed on individual lots as well as more detail regarding the future intent for preservation of the prairie areas. On June 15, the Planning Commission reviewed a revised lot layout (Plan B) and voted 6 to 0 to recommend approval of the application as revised, with conditions. At both public hearings there was a considerable amount of discussion from the public and the neighborhood about what they feel should be preserved. Gaffron stated there was a good discussion at those meetings about whether it is more important to preserve the prairie areas or the Big Woods. Gaffron indicated Staff's report contains a fair amount of information and that he would like to turn it over to George Stickney, the proposed developer of the property, to provide some background on the application and what he is currently proposing. George Stickney, BPS Properties, stated in his view both plans that were submitted are great. Stickney stated throughout the whole process the goal has been to meet the seIler's vision for the property. Stickney stated his reason for bringing a different plan to the City Council was to address the comments raised at the May 18 meeting. The revised plan has removed one of the proposed lots from the Big Woods area and added it to the prairie area abutting Hunter Drive. Stickney stated when he first developed this plan, it had four lots with the backs of the homes facing the prairie. Stickney stated he did not present that plan and that he revised it to have the homes more hidden in the woods. Stickney stated in creating this subdivision, he went through every possible option to locate a septic, a driveway, house, and preserve as many trees as possible. Stickney stated Diagram No. 2 consists of Block 1, Lot 1; Lot 2 of Block 2; and Lots 1 and 2 of Block 3. The driveways have been changed to be south of the septic locations. Stickney stated all of the driveways are perfectly located and that he has created a new driveway that lost one less tree on the way to Lot 7. Stickney noted the covenants protect the trees and that the proposed driveway only loses one tree. Stickney stated in the area of the cul-de-sac, there is an Outlot B that travels approximately 125 feet to get to Lot 2, Block 2, and that he only loses three trees over six inches. Stickney indicated as a developer they would construct the road and the driveway to ensure they are located in the right place. Stickney stated the most sacred trees are on the north side of Lot 7 and that no one is going to be able to propose a house on the north side of Lot 7. Stickney stated his plan depicts the building envelopes and that those were not depicted in the plan that was presented on May 18. Stickney noted maximum tree preservation zones have been created along with penalty clauses and that every property owner in this development has to replace any trees at a 2:1 ration. Stickney stated under Plan A they would have lost around 130 trees out of 1,430 trees. As it relates to mature trees that are in excess of 22 inches in diameter and over 75 years old, nine total trees will be lost. Diagram No. 3 depicts the building envelopes. Stickney noted they are still preserving 150 feet of buffer along the prairie grass on Lots 1 and 2 and have created a 30 -foot setback to preserve prairie grass around the perimeter as well as a 45 -foot setback to the south. On the wooden lots, Stickney indicated they Page 7 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. wanted to buffer those from the northern boundary and that a 75 -foot buffer was created along with 50 -foot side setbacks and a 90 -foot tree preservation area. Stickney noted a new septic location was found resulting in zero tree loss for Lot 2, Block 2 and the pond was relocated on the other side of that property. Stickney indicated he has met with Prairie Restorations on the site a couple of times on the site and that they will be planting prairie grasses on the north side of Lot 1, Block 3. A total of 1.96 acres will be planted in prairie this year. Stickney stated he would like to spray the invasive species next week once his plan is approved. Stickney stated as a result of the work of Prairie Restorations, the invasive species will be eliminated, the woods will be cleaned up, the prairies will be burned, reseeded and restored, and the ponds will be restored. Stickney indicated Staff wanted to see what could be done about relocating the cul-de-sac near the woods. The cul-de-sac has been relocated just south of the woods at the bottom of a slope. The result is less impact in terms of tree loss. Stickney noted it would be a 20 -foot wide road at a 12 percent slope. Stickney stated on either plan the first 850 feet of the property would consist of a 20 -foot wide road, which is 10 times better than Fox Street. There are a total of 3.5 to 5.5 inches of asphalt in some places and that they would increase that to around a foot of aggregate. Stickney stated they would like to keep the 20 -foot width. Stickney stated on his plan, all the driveways, the septic sites, and the home sites are showing a minimal loss of trees. Stickney indicated he will also be planting additional trees for screening and the roadways will be lined with trees. Stickney stated the plan is that the lots will be camouflaged and to locate the septic sites and driveways in places that will help ensure there will be a zero loss of trees. Stickney stated preservation of the trees is one of the major concepts of this development and that there is a very strict tree preservation and replacement covenant to further help preserve the trees. Stickney noted the covenants will dictate where the building pads and driveways will be. Diagram 5 depicts the plan that was presented at the June Planning Commission meeting. Stickney indicated he removed one lot from the Big Woods area and placed it closer to the prairie. Stickney illustrated the location of Lots 1 through 8. The newly relocated lot consists of almost four acres and a number of trees will be planted on the lot. Stickney stated the only difference between this plan and the other plan is that there will be one less lot in the woods, 36 more trees planted, and one lot in the prairie. Stickney indicated he will also be planting approximately 40 trees in that area and will plant more if necessary. Stickney stated everything was planned initially to minimize someone's ability to see the houses by keeping what is there and adding trees. Stickney stated Plan B has the cul-de-sac located further to the south and results in very little tree loss. Stickney stated in his view the proposed location of the cul-de-sac in the first plan was probably the best location for it but that he has relocated it to address the concerns of the Planning Commission. In addition, the curb and gutter will result in very little grading. Stickney stated they have also designated the primary and alternate septic sites and that the lots have similar building envelopes. Stickney stated the covenants on this development say that an outbuilding can only be added if there is zero tree loss. Further restrictions were placed in the covenants to require 100 percent of the homeowners approve anything that would change anything for the Big Woods lots. Page 8 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Stickney indicated Diagram 7 shows the driveway and cul-de-sac locations. The setbacks are 50 feet. Stickney pointed out the location of the cul-de-sac. Stickney noted every lot has a circle driveway around the trees, which will help further preserve the trees, and allows for better access for emergency vehicles. Diagram 8 depicts the building pads. Stickney indicated the locations of the building pads stay away from the mature trees. Stickney stated out of the 199 mature trees on the site, there are 40 in this area that are over 30 inches and a number of mature trees on the north lot as well. Stickney stated there will be strict enforcement of the covenants and that anyone who cuts a tree down, they must replace it at a 2:1 ratio. Stickney stated overall there is a net gain of 200 -plus trees on either plan. Stickney commented he loves both plans and that he is here tonight to ask the City Council to approve one. Stickney indicated he prefers the first plan but that he is to move on. Walsh stated he is glad this application came after Gabriel Jabbour's comments about Orono's brand. Walsh stated in his view Mr. Stickney has done a great job preserving the prairies and trees, which is part of Orono's brand. Walsh noted he talked about inappropriate behavior at the last City Council meeting and that he is not going to belabor that point again. Walsh stated in his view he made it clear how they got from Plan A to Plan B. Walsh stated he did want to make sure that the applicant knows the Council can vote on both plans tonight, and that whatever plan is voted on, it would come back to the City Council in two weeks in the form of a resolution, which would need to be approved. Walsh stated the City Council does have the authority to approve either plan tonight and that it does not have to go back to the Planning Commission. Walsh stated he knows at the May Planning Commission meeting the neighbors expressed their wishes about the trees and the prairie area. Walsh stated it was very clear that the Dayton family wanted to preserve the prairie. Walsh stated once that third house is put in there, it will crowd the visual, which is a shame. Walsh stated he would also like to confirm with Mr. Stickney that he prefers Option No. 1. Walsh stated he knows there was an owner of one of these lots at the last meeting who indicated he was going to purchase the property in the woods. Walsh stated under either plan they are not losing a substantial number of trees but that under Plan A they would be achieving a more open vista with the prairie. Walsh stated he appreciates Mr. Stickney bringing Plan A back. Stickney stated he has been developing properties for 30 years and that he is financially committed to this development. Stickney noted this is the first time one of his applications has been tabled and where someone has talked in opposition to what he is proposing. Stickney stated he needs to make something happen with this property and that he thought he would at least give it another shot. Stickney stated he feels better for doing it and that they will go forward from here. Levang stated she is very confused about the conversation between the developer and Council Member Walsh in that there was a lot of innuendo in what was being said. Levang stated she does not appreciate the innuendo that there was something going on, a difference between Plan A and Plan B. Levang noted Page 9 of 29 MEWTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. what was brought to the Planning Commission was Plan B and that Plan B was approved by the Planning Commission. Levang indicated she is not interested in looking at Plan A and that she is not sure if Mr. Walsh was correct in what he was saying. Levang stated she is only interested in Plan B and that what Council Member Walsh was saying happened is not apparent and not transparent in this rooln right now. Levang indicated she is concerned about that and that she is not interested in Plan A. Stickney stated that is exactly what he wanted to know, which is why he touched on both plans, and that he has no time for innuendos. Stickney stated he had his own reasons for what he told the family and that he is not the deciding body. McMillan stated at the May Planning Commission meeting, the Planning Commission was wrestling with the Conservation Design and how that related to the Big Woods. The Commission at that time talked quite a bit about mitigating tree loss by moving some houses, which resulted in Mr. Stickney coming back in June with a different plan. McMillan stated she attended the May meeting but was not at the June meeting. McMillan stated after reading the minutes, it appeared at the June meeting Mr. Stickney found some common ground and that the Planning Commission was fine with it. McMillan noted there were letters of support for the new design and the Planning Commission was very complimentary about the new design since it saved both conservation elements, the Big Woods and the prairie. McMillan stated she is not sure if the Council can figure out which element is more important, which is why the Conservation Design Ordinance was adopted ten years ago. McMillan stated the City had a situation by the Luce Line Trail along Long Lake Creek and in that situation they were able to cluster the homes. At that time the Council realized then that these significant stands of woods or prairies in Orono were important and would be identified. Dave Hill of the DNR at that time performed a natural reserve inventory for the County and identified areas of woods and other natural resources in Orono that should be protected. McMillan indicated the goal was to protect these areas and knit these areas as corridors for the wildlife. McMillan stated since Orono is 85 to 90 percent developed, the whole point of the natural resources inventory and Conservation Design Plan was to protect the wildlife and natural areas that were still remaining. McMillan noted the Lakeview property did not have significant tree stands but it had drainage ways, which were protected through buffers. McMillan stated the whole purpose of conservation design is to have professionals take a look at these properties before anything is put on them and then tell the Council what the good natural resources are and rank them. McMillan indicated the maple/basswood area on this property was ranked very high, with very few invasive species. McMillan stated the maple/basswood tree stand is also significant because it has very few ash trees. McMillan stated the emerald ash tree borer is different than Dutch Elm disease because once the borer hits a critical mass, it will destroy all the ash trees, little and big, and will not spare one. McMillan stated preserving Orono's remaining natural resources is the reason why the City adopted the Conservation Design Plan and that she appreciates the Planning Commission placing importance on that. McMillan noted the City did not allow clustering on this site as part of the Conservation Design due to septic even though other cities will allow that. McMillan stated Orono does not want people to put septic systems on smaller lots and that a private septic system needs at least two acres and maybe three or four. Stickney stated that is one of the reasons why these lots are an average of 3.7 acres. Page 20 of 28 MINUTES OF THE ORONO CITY COUNCEL MEETING Monday, July 13, 2015 7:00 o'clock p.m. McMillan noted the development off of Brown Road known as Creekside was clustered around the road because there was city sewer but that 10 acres of Big Woods was left alone. Stickney stated he knows where the Mayor's heart is at and that he is not a confrontational person. Stickney stated as a result, he countered himself in order to make a really good development and that he pulled one of the lots out of the Big Woods in order to make the development happen. Stickney stated in his view that has allowed him to gain votes that he otherwise might not have had. Stickney stated he has to move something forward tonight and that he has to make something happen on this property rather than constantly changing his plans. McMillan noted this is the first meeting before the City Council with the preliminary plat and that the City has not been delaying this plan. McMillan stated after reading the packet and the Planning Commission minutes, she is fine with Option B and with whatever cul-de-sac location Mr. Stickney would prefer. McMillan indicated she is also fine with the width of the road in order to preserve more trees. Walsh stated it is obvious the Mayor loves trees versus the prairie. Walsh stated in order to get through the innuendo issue that was raised before, he would ask whether Mr. Stickney feels he had any undue influence after the May 18 Planning Commission meeting and whether he thinks the owner of the property experienced any arm twisting to change the plan. Stickney stated he is not going to that extent and that he had to react to what he was given. Stickney stated his task was to make something happen with the plan. Walsh stated he never went to the developer and said change this and it will be passed. Walsh stated he told the developer to bring forward the plan the property owner would prefer. Walsh stated in his view the integrity of the process is important. Stickney stated no one said that to him. Walsh noted Mr. Stickney said he was counting votes and that no one asked him about his vote. Stickney stated he is glad he brought the other plan to the table tonight but that at first he had his doubts about whether he was doing his best for what the family would like to see happen. Stickney stated he is here to get an approval tonight so it is clear as a bell. Council Member Printup commented he is happy to hear in this conversation that Mr. Stickney is happy with both plans. Stickney indicated he likes both plans. Stickney stated he thought he had to bring both plans to the City Council to make sure that one of them gets passed tonight. Stickney stated which one gets approved is up to the City Council. Levang asked Mr. Stickney to please reiterate that there was no undue influence. Stickney stated there was not. Page 11 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Levang noted Council Member Walsh accused her of meeting privately with Mr. Stickney. Levang asked if that is true. Stickney indicated Council Member Levang did not meet with him privately ever. Walsh indicated he had her mixed up with Mayor McMillan and the Mayor met with him after the meeting. Stickney indicated he met the Mayor outside the office and learned what her intent and goal was and he respects that. Jeff Watson, Attorney -at -Law, stated he would like to be real clear that contractually they do not have more time and that they need preliminary plat approval tonight. Watson noted Mr. Stickney has said that he prefers Plan A but that either plan is acceptable. Watson stated between Plan A and Plan B, the main difference is the location of the cul-de-sac and that they have been clear on what location they prefer. Walsh suggested the City Council provide guidance to Staff for the resolution on the location of the -cul- de-sac and the width of the private driveway. Stickney stated there are only nine mature trees on either plan that will be affected in terms of either location of the cul-de-sac. Stickney stated the original location would allow him to possibly preserve on more mature tree. McMillan asked if that is the cul-de-sac to the south. Gaffron indicated it is road option B. McMillan stated Option B also works well with the tennis court. Cornick moved, Levang seconded, to direct Staff to draft an approval resolution granting preliminary plat approval for Plan B, with Road Option B, subject to Staff conditions, for the property located at 300 Sixth Avenue North. McMillan noted the Council also needs to talk about the width of the driveway and that the applicant would prefer the width to be at 20 feet. Levang indicated she would agree to the 20 feet. Stickney stated that would allow him to preserve the willows as well. Levang moved, Cornick seconded, to amend the motion to allow the width of the driveway at 20 feet. VOTE: Ayes 4, Nays 1, Walsh Opposed. *7. #15-3740 GEORGE FUNK AND JUDY ROGOSHESKE, 540 OLD CRYSTAL BAY ROAD SOUTH — PRELIMINARY PLAT — RESOLUTION NO. Levang moved, Printup seconded, to adopt RESOLUTION NO., a Resolution Approving a Preliminary Plat for the property located at 540 Old Crystal Bay Road. VOTE; Ayes 5, Nays 0. Page 12 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. *8. #15-3745 MATT JOHNSON AND GORDON JAMES CONSTRUCTION, 1432 SHORELINE DRIVE — VARIANCES — RESOLUTION NO. Levang moved, Printup seconded, to adopt RESOLUTION NO., a Resolution Granting Setback Variances from Orono Municipal Code Sections 78-305 and 78-1279 for the property located at 1432 Shoreline Drive. VOTE: Ayes 5, Nays 0. *9. #15-3746 JAMES JULLIER,1224 BRIAR STREET — VARIANCES — RESOLUTION NO. Levang moved, Printup seconded, to adopt RESOLUTION NO., a Resolution Granting Lot Area, Lot Width, and Setback Variances from Orono Municipal Code Section 78-420 for the property located at 1224 Briar Street. VOTE: Ayes 5, Nays 0. *10. #15-3748 SHARRATT DESIGN COMPANY, JOHN AND SHERRI THIESSE, 3855 BAYSIDE ROAD — VARIANCES — RESOLUTION NO. Levang moved, Printup seconded, to adopt RESOLUTION NO., a Resolution Granting Variances from Orono Municipal Code Sections 78-305 and 78-1403 for the property located at 3855 Bayside Road. VOTE: Ayes 5, Nays 0. 11. #15-3749 HOMESTEAD PARTNERS, 185-225 OLD CRYSTAL BAY ROAD NORTH — PRELIMINARY PLAT Gaffron stated this is a request for a six lot plat of a 15 -acre parcel located on the west side of Old Crystal Bay North. The property is comprised of two parcels. One of the lots if the former Stubbs Bay Movers property, which has some existing structures on it. The Stubbs Bay Mover property is 185 Old Crystal Bay North. The property to the north was also acquired to make the subdivision more functional because it incorporates lands that have not been used industrially. The Planning Commission reviewed this application at its June 15 meeting and voted 6-0 to recommend approval of the application as presented. The Planning Commission suggested that the applicants should consider having a Phase I Environmental Study conducted given the previous industrial use of a portion of the Stubbs Bay Movers property. Gaffron indicated he is not sure what the applicant's position on that item. Staff is recommending approval subject to the standard conditions. The property does include 15 acres of which there are two small wetlands, one being located at the west end of the property, which impacts how the property can be developed. There will be four lots located along the north side and two longer lots along the south side. Septic testing has been performed and everything looks good. The plan depicts building sites and the applicants do plan to do some grading to create building pads. Height and story requirements are based on existing grades. The grading will allow the homes to fit better in with the topography. The applicants have gone through the wetland District process and the wetlands are correctly depicted on the plan. Page 13 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. The applicant is proposing a private road to connection with Wear Lane North, which abuts the south boundary of the property. It has been the policy of the City to create corridors for such connections where feasible to allow for future through roads or to provide access to neighboring undeveloped property. Gaffron noted the need for such a connection is not apparent at this site. In addition, it was noted at the Planning Commission that due to the shape of the property, the location of Wear Lane North and the subdivision lot layout, which is predicated to a great extent on the location of wetlands and available septic sites, creation of a connecting corridor would result in one less lot or a proposed lot would be split in two by the corridor. In addition, neighbors from Wear Lane North commented that they have no desire for a through road connection. The Planning Commission concluded that a connecting corridor should not be required. Gaffron noted a petition has been submitted to the Council signed by a number of neighbors requesting that that through road not happen. Gaffron stated another question worthy of Council discussion is the landscape plan. The applicants have provided a landscaping plan for the private road boulevard as well as along Old Crystal bay Road. While the plan appears to meet the overall requirement of one tree per 40 feet of frontage, it clusters many of those trees along Old Crystal Bay Road at the site entrance rather than spacing them along the private road. Council has allowed that in other similar situations. The southerly lot is very long and narrow but the lot would function. Lots 1 and 6 are corner lots with their defined front yards abutting Old Crystal Bay Road. The applicant has depicted both lots as having their front yards as the frontage abutting the private road. Given the layout of the subdivision, it would be appropriate to specifically and formally define the yards for setback purposes for Lots 1 and 6 as those proposed on the preliminary plat. The north and south yards will be considered as front and rear yards. The side yards abutting Old Crystal Bay Road will be considered as side street yards and the yards abutting the west boundaries will be considered as side yards. Staff recommends approval subject to standard conditions and requests Council direct to prepare a resolution for Preliminary Plat approval. Printup asked why the City likes the road to the east. Gaffron stated one of the values of the connection is if the City ever chooses to or is required to take over the cul-de-sac roads, the maintenance of a through road is much easier. The second issue would be that there would be only one road going in without a secondary access. Gaffron noted there was only one situation where the City had to take over a cul-de-sac road and that was to provide access to another property. McMillan asked if Staff feels there are any properties that will become landlocked if there is not a through road. Gaffron indicated he does not. Gaffron noted one parcel in this area was given to the City by Alan Carlson and that there is possible access through the land owned by MN/DOT. Gaffron stated if and when MN/DOT elects to sell that piece of land, the City will need to ensure they have access through there. Page 14 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Levang indicated she is okay with the proposed landscaping plan and not requiring the road corridor connection. Printup asked whether an environmental study should be required. Gaffron suggested the applicants be asked about what their plans are in that regard. Walsh noted the bank may require it if there is a loan on the property. Matt Hanish, Homestead Partners, stated they do intend to complete a Phase I Environmental Assessment after they receive City Council approval for preliminary plat. Levang asked if he is looking for something specific. Hanish stated in his view they will not find anything that would impact the project. McMillan asked if he has any preference as far as the landscaping along the frontage road. Hanish stated they would prefer the landscaping plan included in there and stated that would allow them to move some of the trees and create more of a buffer along the road but not create a tree lined corridor down to the end of the cul-de-sac. The clustering of the trees will allow for views across the site. Hanish stated they are creating a six lot development and that they want all six homes to feel they are part of the community. Levang stated in her view they have done a good job with the landscaping plan and that by placing more trees along Old Crystal Bay Road, they will ensure more privacy for the lots. McMillan asked if the cul-de-sac can be made smaller in diameter. Gaffron stated Staff would not recommend going smaller than what is proposed. Levang stated she would like to know more about the homes they intend to build. Hanish stated as far as size, these would be custom homes and designed for each individual home site and the price would be driven by the market. Walsh asked what the land prices would be. Hanish indicated the lots are on the market for $390,000. McMiIlan stated she has a concern with connecting the road since people might use it as a shortcut. Scott Goldsmith, 265 Old Crystal Bay Road, stated he has two issues he would like to bring to the Council's attention. Goldsmith stated the first one is a property line issue that would impact his property significantly and also have some impact on the layout of the development. Page 15 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Goldsmith indicated he cannot read the topographic maps that have been presented but that he has heard there will be some change in the lay of the land. Goldsmith stated as he understands what is being proposed, these structures will be two and a half story homes. Goldsmith stated when the properties were first put up for sale, the real estate agent called him a number of times and eventually he was threatened that if he was not willing to sell their property to make three lots, they would place two homes directly out his back yard. Goldsmith stated the lot division does essentially look directly at his back door. Goldsmith stated his experiences with the real estate agent have left a bad taste in his mouth. Goldsmith stated he is a little concerned about the topography of the land and having 2-112 story homes looking into the back of his house. Goldsmith stated if he had known about this issue at the time of the Planning Commission meeting, he would have brought it up. Goldsmith stated the other issue is that in the southwest comer of his property there was a stake that was driven in with a flag that was approximately ten feet across the fence line onto his property with the stake saying approximate property line or something to that effect. Goldsmith indicated he then contacted Mr. Gaffron because he had no prior knowledge that the developer was making a claim that the fence line was not the property line. Goldsmith indicated he purchased the property in 1980 from the original owners and that the property was originally a 10-213 acre property similar to the Stubbs property but was subdivided into the current shape it is now. Goldsmith stated the other property is the 2-2/3 acre property with the original Godfrey house on it. At the time he purchased the property and even now there is a fence between his property and the property to the south. Goldsmith stated after purchasing his property in 1980, he purchased the adjoining property in 1985, which is the northern parcel, and continued to own it until 2006 or 2007. Goldsmith noted there was never a time during that period where the fence line was not the dividing line. Goldsmith stated when he found out a couple of days after the Planning Commission that they were going to be claiming approximately ten feet of his property, he contacted Mr. Gaflron who advised him to contact the surveyor. Goldsmith indicated there was some work that they did and essentially it said something to the effect that there were stakes when his property was platted, which was platted after he bought it, and that the new stakes that they put in match the stakes that had been done by Gordy Kaufman. Goldsmith stated all he knows for the property line is the fence line. Goldsmith stated after 35 years of living there and now being told that the fence line is anywhere from six to ten feet off the property line, he has a problem with that, and that he would urge the Council not to approve a subdivision that takes ten feet of his property since he is in disagreement with that. Goldsmith noted he did have a discussion with Tom Aldridge, who owns the lot at 245 Old Crystal Bay Road, and that he is less affected by it. Goldsmith stated on that lot there is a two or three foot difference from where the fence line is. Goldsmith stated there are a variety of legal reasons for why he believes the fence line is the correct boundary and that this is a major issue and a major surprise to him. Goldsmith stated in his view the City does not want to be in the business of platting property that is not owned by the developer. City Attorney Mattick stated the subject property has to be surveyed as part of this development and that he would encourage Mr. Goldsmith to contact his own surveyor to determine the location of the property line. Mattick stated the City is not in a position to say whether that fence line is in the proper location or not. Page 16 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Goldsmith stated he is not implying that is the City's role, but the problem is that by either adverse possession or agreement on a property line, that affects who owns that piece of property. Goldsmith stated the very simple issue he presented here is that he was involved in it from 1980 to the present time and those two pieces of property were identified by the fence line, which may be a legal issue. Goldsmith stated he just does not feel the City wants to be in the business of platting property that is legitimately being contested. Mattick asked if he has initiated anything at this point. Goldsmith stated he has dealt with the developer's surveyor who has gone around and put stakes out and said that the stakes are correct. Goldsmith indicated he isnot in a position to agree or disagree with that. Goldsmith stated if that portion of the property is determined to be his by adverse possession, the stakes do not make any difference but that he does not feel it would be appropriate to plat that portion of the property until the issue is resolved. Goldsmith stated to his understanding that six to ten feet will shrink the lots if it is determined to be his. Mattick asked if the developer is aware of the issue. Hanish indicated he has never spoken to Mr. Goldsmith and that Homestead Partners, nor a representative of Homestead Partners, has ever threatened Mr. Goldsmith in any way. Hanish stated if that has taken placed, it was not through their doing. Hanish stated as far as the property line is concerned, their engineer is here to answer any questions about the property boundaries. Goldsmith stated he would like to make it clear that Homestead Partners did not make the comments but that it was the real estate agent. Hanish stated he has no knowledge of that and that he signed a purchase agreement for two parcels, which is what they are attempting to purchase and develop. Goldsmith stated he did speak with the surveyor for the developer and that they did come out and put in stakes. The statement by the surveyor was that the stakes they put in matched up with the original stakes when the property was platted and that it is all correct. Goldsmith stated the surveyor specifically disavowed any claim based on occupancy or the parties' agreement that the fence line was in fact the property line. The surveyor indicated he was not involved in the legal issues. Hanish stated it is very common in old plats that fences, landscaping features, driveways and those types of things are placed over boundary lines because either permission was not granted or surveys were not done. Goldsmith noted that without that ten feet, the parcels along the north edge are less than two acres. Nate Herman, Surveyor, stated if the lot line is moved down a little bit, the lot lines can be shifted around to make two acre parcels. John Winsted, 155 Wear Lane, stated he has lived in his house for 19 years and that his property is located to the south from this parcel. Winsted stated from the very first day Wear Lane North has been a City street, which preceded his ownership of his property, and for the last 18 -plus years, the City has maintained the street. Winsted stated when a tornado came through his back yard and knocked trees Page 17 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. down into the street, the fire department was out there immediately and then the next day the city crews cleared all the trees and the street was passable. Winsted noted the City also put down a new street surface a couple of years ago. Winsted stated during the time he has lived there, there has been no problem with access or traffic and that a through street would result in more traffic in front of their house. Winsted noted his wife went around and obtained the signatures of their neighbors and unanimously the neighbors do not want that connection. The Planning Commission also said they do not wat that connection. Winsted stated the situation works fine as it is and that it is a safe street and has been well maintained by the City. Winsted stated the status quo works and preserves the value of his property. Winsted stated he and his wife are in support of this subdivision and that the Stubbs family has been marvelous neighbors through the years. Winsted stated he would like to see the development approved, and that if there is some sort of title issue, that is not for the City to attempt to resolve this evening and that he would ask the City Council to approve the subdivision as proposed. McMillan stated the requested Council action is to provide direction to Staff on whether an approval resolution should be drafted. Once that is approved, it would proceed to final plat. Gaffron indicated the approval resolution would be before the City Council in two weeks and then the developer would need to do a variety of final details prior to moving to final plat. Levang stated in her view this is a good proposal and a unique piece of property. Levang moved, Printup seconded, Application No. 15-3749, Homestead Partners, 185-225 Old Crystal Bay Road North, to direct Staff to draft an approval resolution for preliminary plat. VOTE: Ayes 5, Nays 0. 12. #15-3750 JEFF VONFELDT & ELAINE WYATT11990 SHADYWOOD ROAD — VARIANCES Curtis stated the applicant was before the Planning Commission at their last meeting and that they have since provided a revised plan. The variances the applicants are seeking would be a side setback variance for a second story addition on the north side, a lake setback variance to allow the second story addition to extend to the existing extent of the second story, and a rear setback variance to accommodate an addition over the connecting piece of the house. Curtis indicated the revised survey is displayed on the overhead. The applicant is proposing to clip the footprint of the home as it exists today to be out of the average lakeshore setback. The addition on the second floor would mirror that. Staff is recommending approval of the current revision and the variances as requested. Levang stated she was at the Planning Commission meeting when this application was discussed. Levang asked if the applicant is essentially proposing to clip the corners and then push the second level back towards the street. Page 18 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. VonFeldt indicated that is correct. VonFeldt stated the plan that the Planning Cormnission reviewed had the second story jutting out further towards the lake, which was the piece that Staff recommended denial on. VonFeldt stated because the house is narrow and they can only have so many square feet on the second floor, they pushed everything back four feet. VonFeldt indicated that would not extend over the garage but over the connection between the garage and the kitchen. McMillan stated that should not impact the functionality of the house. VonFeldt indicated they are perfectly happy with the plan. Levang moved, Cornick seconded, Application No. 15-3750, Jeff VonFeldt and Elaine Wyatt, 1990 Shadywood Road, to direct Staff to draft an approval resolution granting the requested variances. VOTE: Ayes 5, Nays 0. (Recess taken from 9:35 p.m, to 9:40 p.m.) 13. #15-3752 ESTATE DEVELOPMENT CORPORATION, 475 OLD CRYSTAL BAY ROAD NORTH — SKETCH PLAN Gaffron stated this is a sketch plan review for a 17 -acre property comprised of three tax parcels proposed to be developed into 51 single-family residential lots. The property is currently zoned RR -1B, two -acre single-family, but is guided in the CMP for multi -family uses at a density of 7-10 units per acre. The density of the proposed development is approximately four units per acre so technically it is a departure from the CMP density guidelines for development of the site. The applicant has provided two additional sketch plans depicting a single-family layout with 65 -foot wide lots at a density of 3.0 units per dry buildable acre and a 102 -unit multi -family development of attached townhomes in groups of four and six units with a density of 8 units per dry buildable acre. What was originally proposed at the Planning Commission was a 51 -unit development with two accesses directly across from the two access points into the industrial park. The lots would be 45 feet wide with 5 -foot setbacks surrounding the wetland. Gaffron noted the wetland takes out the center west side of the property and leaves few options for development. With proposed side setbacks of five feet, the individual homes will be separated from each other by ten feet. While a majority of the lots are just 45 feet in width, a small number are wider due to the site layout. The Planning Commission also considered lower density and higher density options for this parcel and felt that the higher density was not something they would like to see on this site. A number of the proposed lots in the original sketch plan would have a front yard setback of 11 feet rather than the 25 -foot setback required. The applicants have noted that with a 28 -foot wide road, the 50 -foot right-of-way allows for a boulevard width of 11 feet, and when added to the 11 -foot setback, yields a 22 -foot separation between the garage doors and the traveled street for vehicle parking. In Staff's view this is not adequate and the front setbacks should be measured from the edge of the right-of-way and not the curb. Staff would also recommend that a revised plan incorporate a 25 -foot front yard setback measured from the edge of the right-of-way and/or sidewalk easements. Page 19 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Gaffron stated there is nothing like this proposed development currently in Orono and that the proposal is showing virtually no common areas at this point other than the road. Gaffron stated the City Council should determine whether the proposed density at 51 -units is appropriate, whether the roadway should be private or public, and the general design and orientation of the dwelling units in relation to the minimal lot sizes and setbacks. Tom Gonyea, Applicant, stated they were in front of the Planning Commission a couple of weeks ago and that their original plan was a 51- unit plan for approximately four units per acre. The feedback from the Planning Commission at first was that it seemed like a lot of units. Gonyea indicated they have worked with Staff to show what the current density would be at eight units per acre and then with 65 -foot lots and standard setbacks of five and ten feet. Gonyea stated they wanted to put those options forward to see which one the City Council would prefer. Gonyea noted the Planning Commission was not in favor of higher density. Gonyea indicated the color rendering on the overhead shows the 65 -foot lots. Gonyea stated there would be some variation in lot size and house size. Gonyea stated there is a project over in Plymouth that is a good example of what this product will look like. Gaffron displayed the development in Plymouth. Gaffron noted in this development there is 10 feet between the homes. Ian Peterson, David Weekly Homes, stated they will likely be the builder on the project and that he can speak to the specifics of the product. Peterson stated the Plymouth property was a unique project from a topography perspective. Peterson noted the site was actually zoned and guided for multi -family and that they came up with 60 -foot lots and 10 feet in between the buildings. The neighborhood is different from a typical suburban development in how they set back from the road and the traditional 3 -car garages. Peterson indicated they also came up with three different garage variations, which helps break up the streetscape. Peterson stated this layout allows a more traditional back yard, wider houses, and a shallow back yard to allow for more of a family setting. Peterson stated on the 50 -foot products, they make sure the house and the garage are on the same plane so there is not a snub nosed garage where the garage is way out in front of the house, which allows for a better visual. Peterson stated on the 45 -foot wide lots, there would be ten feet between the buildings. Peterson stated the 45 -foot lots limit the garage options and that these units would be a two -stall garage. If a third stall is added, it would need to be tandem. Peterson stated from a streetscape perspective, the 45 -foot lots limit what can be done in terms of the front fagade. Peterson stated to his recollection on a 45 -foot lot, the home would be 35 feet wide and 75 feet deep. Walsh asked what the typical square footage would be on this project and what the square footage was on the Plymouth project. Peterson indicated on the project across from Wayzata High School, the units ranged from 2,400 to 3,200 square feet. The largest home was 3,700 square feet. Peterson noted the square footages do not include a Page 20 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. basement. Peterson stated the product layout on this site would be approximately 2,500 to 3,300 square feet, which does not include a bonus room option. Levang asked if there would be basements with this development. Peterson indicated there would be. McMillan asked if there are any water table issues on this site. Gonyea stated borings were done and that the site may need to be built up a little bit. Gonyea stated they are working with Braun Engineering and that they are anticipating walkouts on all the lots. Peterson stated they also pay a lot of attention to detail on the perimeter landscaping. Peterson stated they should be able to provide landscaping and berming to make the perimeter roadways of Highway 212 and Old Crystal Bay Road such that it would provide some seclusion to the development. Levang stated when she looked at the Elm Creek development, the landscaping was very impressive and that she did feel like it was a quiet, private neighborhood. Levang stated the courtyard is a unique feature and really changes the streetscape. Levang stated having the option for a third garage stall will be important for some people and that she likes having the variety. Peterson stated the courtyard concept was probably the best selling design in their other projects. Peterson indicated they will also be paying attention to traffic patterns when laying the homes out. ?McMillan stated a couple of years ago single-family homes would have made perfect sense for this site because of the closeness of the school. McMillan noted the City has also talked about a grocery store or other retail on this site throughout the years and that she likes the path they are on here since it offers smaller homes for younger families and could be considered a starter home. McMillan stated it would be nice to have some entry-level homes given the close proximity of the school. Walsh asked what the price point would be on the homes. Peterson indicated these homes will be in the range of $500,000 to $600,000. Levang asked if the price of the homes could be decreased with the higher density. Peterson stated in concept you might be able to but the amount of square footage would not change much. Levang asked how the price could be decreased and whether it would be possible to do perhaps 70 percent single-family and the rest in multi -family. Peterson asked what price range the Council is looking for. McMillan stated they would need to do more research on that. Levang stated there could perhaps be a couple of four-plexes. Levang asked if those would be less expensive than a single-family home. Page 21 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Peterson stated his company does not build an attached product and that he is probably not the person to be asking that question of. Peterson stated the attached product in the current marketplace is very challenging for a number of reasons and one of the primary reasons is HOA litigation. Peterson noted 65 percent of the product that was built in the Metropolitan area up through 2007 or 2008 was attached product and that since that time it has been 10 percent or less. Walsh stated people who own a million dollar home might be interested in downsizing to something like this. McMillan stated Lots 11 through 15 may be a little more challenging to sell. Walsh stated it is nice to have neighborhoods and that it might be a good idea to include a park. Walsh stated he has a problem with the 5 -foot separation and a front yard setback of 11 feet. Walsh stated in his view they would be doing Orono a disservice by having things that jammed up. Gonyea stated a lot of the attached family housing is still available on the market, which is part of the reasoning to put up a competing product. McMillan stated she would like to see whether there is a way to have some cheaper options available and that she worries about the future of homeownership in general. McMillan stated in her view diversity in housing is a benefit to Orono. Gonyea stated the other component is that the owners would not have the maintenance since it is done through the association. Walsh asked if they are looking for any other feedback. Peterson stated in regards to the affordability component, the Metropolitan Council has an affordability table and that he would like to obtain that from the City to see whether they can meet those. Gaffron stated he does have that data available but it is unlikely the applicant will be able to get there. Gaffron stated the Metropolitan Council says affordable housing is anywhere from 70 to 240 and that it appears the best they would be able to do is the 250 to 300 range. Walsh stated due to the number of homes that would be in this development, it would make sense to have this be a public road, which would impact the width of the road and other things. Gonyea stated what is depicted is pretty close to public standards. Gaffron stated according to the Comprehensive Plan, it should be a public road based on the density. Gaffron stated he also discussed with the applicant whether or not the wetland should be treated as a common amenity. Gaffron stated it is not possible to get all the way around the wetland with a trail and that in his view the lots would sell better if each lot has a piece of the wetland. Gaffron indicated he does not have a problem with this type of layout and that outlots really do not fit with this design. Gaffron asked whether the City Council feels a trail connection should be provided. Gaffron noted drainage will also need to be addressed. Page 22 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. McMillan noted there is a trail on the other side of Old Crystal Bay Road and that perhaps they should consider a little trail to the corner. McMillan stated they probably do not want people crossing over Old Crystal Bay Road. McMillan noted the Planning Commission did discuss a trail around the wetland but that she does not see the need for an internal trail system given the other trail in the area. McMillan suggested a small playground area be considered. Levang stated the schools also have a number of amenities that the residents could take advantage of. The City Council took no formal action on this item. 14. #15-3756 CITY OF ORONO, AMEND CITY CODE SECTION 86-68 SURVEY REQUIREMENTS Barnhart noted in May of this year the Council amended the requirements of a permit application. These changes included allowances for a site plan to be prepared by a licensed professional to be submitted in the place of a survey for building and grading permits. It also provided allowances for an exemption for projects of smaller magnitude that meet certain defined minimum criteria. Barnhart indicated Staff has prepared an ordinance for discussion purposes that allow the flexibility the Council is looking for. Barnhart stated the proposed language provides flexibility for smaller projects that are well within the required setbacks on any lot that has an as -built survey on file and that it is Staff s goal to maintain a consistent level of requirements to avoid a number of differing regulations that may be confusing. Barnhart stated Staff is looking for direction on this item and whether any changes should be made. McMillan requested Staff talk about what an as -built survey is versus an existing survey. Barnhart stated an as -built survey verifies what is on the property following completion of a project. A regular survey would be done before the project is started. Barnhart stated Staff feels comfortable that an as -built survey that meets the requirements is a good starting point. Levang asked if they want to limit how old the as -built survey can be. Barnhart stated that type of language could be added and that he is looking for feedback. Barnhart stated an as -built survey could be from 2006 and there may not be any changes to the property since that time and there may be an as -built from 2013 where a number of changes have taken place. McMillan asked if the survey is 15 years old and nothing has been done to the house, whether that would be too old of a survey. McMillan asked whether the as -built survey would also need to include drainage pathways. Barnhart stated Staff is looking for an as -built but that it will depend on what the project is for whether drainage needs to be depicted on the as -built. Loftus asked who would go out to the property to ensure it is accurate. Page 23 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Barnhart stated some of the responsibility would be shifted from the survey company to City Staff McMillan stated a small fee could perhaps be charged. Barnhart indicated Staff could look at the fee schedule. Barnhart stated in the previous city he worked at, they started with a survey, the property owner can make modifications to the survey for a small project, but that bigger projects required a full survey. Barnhart stated patios, small sheds, and small deck expansions often can be accommodated with an older survey. Barnhart noted last week he reviewed a project where they were proposing constructing a 240 square foot deck, 75 feet in from all property lines. Barnhart stated if it did not meet the five criteria that were approved in May, they would have been required to go through the survey process. Printup stated in his view this is a great step forward and that he would continue to encourage Staff to look at lots under two acres to see what other kind of flexibility can be given. Levang asked if this amendment would apply to anybody regardless of how many acres they have. Barnhart indicated that is correct as long as they meet the other requirements. McMillan stated this would help people who have constructed a deck and then at some point would like to add a small patio. McMillan asked in the case of a hypothetical 200 square foot deck or patio, whether the person could bring a survey in, draw on it showing where the patio is going to go, and then Staff would say okay, look at the criteria, and perhaps verify and decide whether additional drainage information is required. Barnhart stated in that situation, assuming that it meets the setback requirements, Staff would look at the survey to see where proposed drainage ways are and the impact the patio or deck would have. Barnhart stated if it is within the setbacks, those issues are lessened somewhat in the sense that there is separation between the properties. Barnhart stated if the setback is 50 feet and they are proposing something at 55 feet, a survey would be required. Barnhart indicated he would like to bring this back to the Council at some point in the future once it is further refined. McMillan asked how hardcover would be handled. Barnhart stated the hardcover would need to be verified. McMillan suggested language to that extent be included. *15. ENCROACHMENT AGREEMENT — WOODDALE BUILDERS, 2460 COBBLESTONE COURT Levang moved, Printup seconded, to approve the encroachment agreement between the City of Orono and Stonebrook Development, LLC, for 2460 Cobblestone Court. VOTE: Ayes 5, Nays 0. COMMUNITY DEVELOPMENT DIRECTOR REPORT Page 24 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Barnhart reported for the first half of last year the City approved 23 new homes and this year the City has already approved 31 new homes. Barnhart indicated there were 630 total permits issued last year and 794 permits this year and 50 land use cases as of the beginning of July. Barnhart indicated Staff has also been working closely with Council Member Levang on the Navarre bike event planned for September 20. Barnhart stated it is likely that in the next couple of weeks there will be a request for waiver of fees for temporary signs and special events from the Navarre Initiative Group. Barnhart stated Staff has also been working under the authority, the Council provided last November to review the temporary sign ordinances. Barnhart stated to his knowledge the Planning Commission reviewed that in January or February of this year and did not see any need to change that mainly because there was no critical issue that needed to be addressed. Barnhart stated in his view there is some opportunity to allow for some signs for nonprofit or city events and that he would like to bring that through the Planning Commission process later this summer. McMillan stated the Long Lake Fire Department breakfast is another example and that it would be nice to allow those types of signs. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT *16. WATERTOWN AND STUBBS BAY ROAD REHABILITATION —PAY REQUEST NO. 1 Levang moved, Printup seconded, to approve Pay Request No.1 to Bituminous Roadways in the amount of $170,112.09 for the Watertown Road and Stubbs Bay Road Rehabilitation Project. VOTE: Ayes 5, Nays 0. *17. WATER PLANT IMPROVEMENTS —PAY REQUEST NO.4 Levang moved, Printup seconded, to approve Pay Request No. 4 to Municipal Builders, Inc., in the amount of $38,725.09 for the water treatment systems improvement project. VOTE: Ayes 5, Nays 0. *18. NAVARRE LIGHTING AND SIDEWALK PROJECT — PAY REQUEST NO.6 Levang moved, Printup seconded, to approve Pay Request No. 6 for the contract MP Technologies in the amount of $13,876.81 for the Navarre streetlight and sidewalk project. VOTE: Ayes 5, Nays 0. *19. GOLF CORUSE SEASONAL EMPLOYEEAPPOINTMENT Levang moved, Printup seconded, to approve the seasonal hiring of Kathryn Bartee as a clubhouse assistant. VOTE: Ayes 5, Nays 0. *20. ACCEPT DONATION — RESOLUTION NO. Levang moved, Printup seconded, to adopt RESOLUTION NO., a Resolution Accepting a Donation from Sarah and John Lindahl for use at Crystal Bay Park. VOTE: Ayes 5, Nays 0. Page 25 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Cornick stated he hopes the Council will take to heart what Gabriel Jabbour had to say and that he is in agreement with what he had to say. Levang reported the Navarre Initiative Group is moving forward on the Navarre bike event and that as part of that event there will be a bike rodeo led by Council Member Cornick. Levang stated the red bike out in front of the City offices is one of the event's bikes that helps symbolize more biking in Navarre. Levang indicated the bikes came from someone she knows and that they have been painting them and placing them around Navarre. Levang noted the Park Commission met last week and that they have been working on changes to the City's website relating to the parks. Levang stated she has been out taking photos of the various park amenities for possible inclusion on the website. The Park Commission has also been working on updating the City's adopt -a -park program that will be unveiled in the fall. McMillan stated she would like to thank City Administrator Loftus and Police Chief Farniok for their work on the open house event. McMillan stated the event went very well. McMillan stated she would echo what Council Member Cornick said regarding the comments by Gabriel Jabbour and council policy. McMillan stated if any of the Council sees anything at other cities' council meetings about policy, she would suggest sending it to City Administrator Loftus so she can compile a list. McMillan noted the City of Lake Elmo just put a policy in place for how their meetings should be conducted and that it might be worthwhile to have such a policy in Orono. CITY ADMINISTRATOR'S REPORT Loftus reported the City now allows people to opt out of the paper cards for utility billing purposes. Loftus stated she would like to follow up on the comments made by Rich Anderson and Gabriel Jabbour regarding the LMCD meeting that was mentioned. Loftus stated the impression she had from that meeting was that Orono has relied heavily on private marinas and residents' properties in the past to unload people from the Water Patrol boats and get them medical attention. Loftus stated what she heard at that meeting was that the LMCD should explore public access points, particularly on the north end of the lake, which is in Orono. Loftus stated it would need to be somewhere that provides easy access to Big Island. Loftus stated it is hard on the marinas and their customer base to have the Water Patrol pull up to their docks with inebriated people or medical emergencies. Loftus stated the marinas have been very supportive in the past and have understood that it is an emergency, but that a fair concern is that the Water Patrol has relied on the private sector and that public land should be explored. Loftus stated there likely is not going to be a quick answer to that. McMillan stated she greatly appreciates the Lafayette Club and the marinas for their help in dealing with emergencies. McMillan stated it is an important issue but that it would be helpful to have some statistics if at all possible. Page 26 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. Loftus noted the Orono Police Department has limited involvement with incidents that happen on the lake and that it is mainly a Water Patrol issue. McMillan stated one option would be to possibly contract with a private resident or commercial owner on the weekends. Levang stated it is important to have additional resources during the peak times but that it is also important to monitor it year-round. Cornick stated the City of Minnetonka Beach has a dock that could perhaps be utilized as a staging place and then the Water Patrol wouldn't have to deal with the marinas. Printup inquired what other recreation lakes and rivers do nation-wide to monitor areas that are noted for partying. Loftus stated it is worth inquiring into. Loftus stated at the last Council meeting Hennepin County provided an update on the Highway 112 turnback. Since then there have been a couple of meetings hosted by the City of Long Lake and the Chamber. There is also a project advisory committee meeting Wednesday morning. Loftus stated she expects a couple of residents to attend that meeting. The main focus of the discussions is the potential road closure right next to the lake. Loftus stated the group is exploring options with Hennepin County and that the public will continue to hear more and more about that project. Loftus noted the County has been working on this project for a few years now but that the public is starting to become more attuned to Ft. Walsh stated the businesses have concerns about the road closures and that he has received three a -mails in the last week about it. Loftus noted there was an open house in April hosted by Hennepin County which was well attended. Loftus stated the project advisory meetings typically do not have people from the public in attendance but that she is anticipating some members of the public will start attending. McMillan stated in her view the Hennepin County Department of Transportation has been very responsive and open to comments. McMillan stated Hennepin County would like to use the tumback money while it is available and that the road has been eroding next to the lake so something needs to be done. *21. ORONO POLICE GARAGE — PAY REQUEST NO. 10 Levang moved, Printup seconded, to approve Pay Request No. 10 to Kraus Anderson on behalf of the contractors working on the Orono police garage project in an amount totaling $33,915.00. VOTE: Ayes 5, Nays 0. *22. CLAIMS/BILLS Levang Moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. Page 27 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o'clock p.m. *23. PERMTTSILICENSES One Day Special Event Liquor License Katie Kubicek 2780 Shadywood Road Orono, MN 55331 Levang moved, Printup seconded, to approve the above -listed license. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. ADJOURNMENT Printup moved, Levang seconded, to adjourn the Orono City Council meeting at 11:02 p.m. VOTE: Ayes 5, Nays 0. ATTEST, Lili Tod McMillan, Mayor Page 28 of 28