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HomeMy WebLinkAbout11-09-2015 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 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 McMillan noted Item No. 10 has been requested to be removed from tonight's agenda by the applicant but that anyone from the public may provide comments regarding that item during the Public Comment portion of the meeting. Item Nos. 6, 7, 8, 13, 14, 15, and 16 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 OCTOBER 26, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of October 26, 2015, as submitted. VOTE: Ayes 5, Nays 0. *3. CITY COUNCIL WORK SESSION MEETING OF OCTOBER 26, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council Work Session meeting of October 26, 2015, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATIONS 4. MET COUNCIL SEWER MAIN PROJECT — JEFF SCHWARZ, P.E. Tim O'Donnell, Metropolitan Council Environmental Services, stated the primary role of the MCES is the wastewater collection and treatment for the majority of the 7 -county area. The division serves 108 communities that are connected to the regional system consisting of eight wastewater treatment plants, with over 5000 miles of local and regional sanitary sewer pipes. The project being discussed tonight is part of a number of other projects that are looking at the age and deteriorating condition of the system. O'Donnell stated they are attempting to get ahead of the game and invest in new infrastructure. Page 1 of 24 MINUTES OF THE ORONO CITY COUNCEL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 4. MET COUNCIL SEWER MAIN PROJECT — JEFF SCHWARZ, P.E. (continued) Jeff Schwarz, Professional Engineer with the Metropolitan Council, stated the project involves force main number 7113 and meter 435A and B improvements. Schwarz indicated he has been working with Mr. Edwards to get the project designed, scheduled and staged to minimize impacts to the City and also still give the MCES a robust system and capacity for handling future flows as development proceeds. This particular project starts at Orono Orchard Road to the west, all along Shoreline Drive, past the ramps on Highway 15, and then to the existing lift station in Wayzata. The driver of the project is the condition of the existing pipe. Schwarz stated the MCES has some force main pipes that they have found to be in poor shape as well as some redundancy issues. Schwarz stated there is one force main that serves lift stations in Orono and that they will be adding a force main in the area of Orono Orchard Road. Since there is currently only one force main, the MCES cannot take it out of service to check its condition. Part of the project is to provide that second line so the original force main can be evaluated. This project will include installation of approximately 620 feet of 20 -inch diameter force main that will be installed by trenching and tunneling. Schwarz indicated they will be tunneling underneath the trail at Orono Orchard Road and the ramp area. There will also be 3,000 feet of 36 -inch diameter gravity pipe, which the two force mains will dump into and drain into L26. There will be almost two miles of pipe and maintenance holes for the gravity pipe. A new meter for the force main will be installed as well as soil erosion control. Schwarz indicated they will make sure that the appropriate permits are obtained and that they will avoid any wetlands. Site restoration will be done once the project is completed. Schwarz noted they have the project split into two phases. Phase one is to install the force main on the north side of Shoreline Drive along with some connection valve structures at the Orono Orchard intersection. This work will be done in the winter of 2016, with work hopefully starting the second week of December. Schwarz noted this area will be done in the winter because a lot of the work is done adjacent to wetlands and it works better when the ground is frozen to conduct that type of work. This phase will not require any road closures. The area will be separated from the road with J barriers on the north side of the road and the excavation will happen in the ditch beside it. Schwarz stated they hope to have that 600 feet done in approximately five months. Some of the features of the work involved with Phase I work include the north shoulder of Shoreline Drive as well as some staged closure of the intersection of Orono Orchard Road. The project is currently set up so a temporary road will be constructed for the first stage of the shutdown allowing for two lanes of traffic then when work commences on the west side, there will be a road closure, with no traffic being allowed on Orono Orchard Road going eastbound. Schwarz stated they will be able to maintain a right turn from the westbound lane of Shoreline Drive. Schwarz stated it is their understanding that the property owner in the immediately vicinity has access through a different location so they will be able to take the other access around. A representative from Brown & Caldwell explained the proposed detour. Traffic from Orono Orchard Road will come down from the north, with approximately one block closed from Fox Street to County Road 15. The southbound traffic will need to go west on Fox and south on Brown in order to go east. Eastbound traffic on CR 15 will not be able to turn north on Orono Orchard Road but the lane going westbound on CR15 will be maintained. An extra gravel shoulder will also be built. Page 2 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 4. MET COUNCIL SEWER MAIN PROJECT — JEFF SCHWARZ, P.E. (continued) Schwarz stated they will be using precast structures and that the contractor will be able to excavate the site, drop the structure right in, connect them up, and then backfill the area. Schwarz displayed a picture of the type of work that will be performed. The Three Rivers Park Trail will be used for access on the north side so there will be no interruption of traffic during that phase. Phase 11 of the project goes from Hillside Drive over to the gravity section. Currently this work is scheduled for the summer of 2016. Schwarz noted the MCES has been receiving some comments regarding the schedule since Shoreline Drive will be closed for a period of time, which will impact Wayzata more than Orono. Some of the features of this segment will require deep excavation. As a result, the road must be closed for that work and that they are attempting to complete the work so that the Blake School will be impacted the least amount possible. Schwarz indicated they are reconsidering some of that work based on public comments received last week. Schwarz stated one of the issues they have encountered is that County Road 101 will not be completed until the fall and that they are taking another look at the project. Schwarz noted the reason for having to close the road is because the work involves 25 -foot deep excavations that will take quite a bit of earth moving. Schwarz stated it is a narrow road, which would make it difficult to try and keep one lane open or put a temporary road in. Schwarz stated they should have a conclusion on other options for the Wayzata City Council meeting on November 17. McMillan asked if they plan to put the ditches back as is. Schwarz stated they do. Schwarz stated due to the wetlands in the area, a detailed delineation has been done to replace not only the wetlands as they are but that they will be installing HVP pipe in some sections which does not require a lot of bedding. In addition, the contractor will be backfilling with the excavated dirt. The road will be compacted and will be basically brand-new following the work. McMillan asked if the work will be done through the wetland area. Schwarz stated there is a fine line where the wetland is and where the pipe will be and that they will be skirting the edge of it. Schwarz indicated part of the permit requires that no wetlands be taken away. McMillan noted the trail will stay open to Wayzata. Schwarz stated the trail will not be open in the wintertime but during the summer it will be. McMillan stated the trail is usually not open during the winter. McMillan asked if there is any public comment. A person in the audience asked what will stop residents from using Ferndale to get into downtown Wayzata. Schwarz stated that will not be the official detour but that drivers would be able to do that if they prefer Page 3 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 4. MET COUNCIL SEWER MAIN PROTECT — JEFF SCHWARZ, P.E. (continued) O'Donnell stated they will be posting a preferred route but that there is nothing to keep people from going a different route. O'Donnell stated as it relates to funding for this project, MCES does not assess property owners along the sewer pipe and neither is the burden placed on the local community. The projects are financed from the user fees that are paid throughout the regional system. 5. NAVARRE COMMUNITY FESTIVAL — EVENT RECAP AND VOLUNTEER RECOGNITION Candace Nadler, Navarre Community Initiative, expressed their thanks to the Mayor and City Council for supporting the Navarre Community Festival. Nadler stated the group placed bikes around the area that helped spark conversation and interest in the event. Council Member Levang stated this event came about as a result of a meeting that was held last year discussing grant opportunities through Blue Cross/Blue Shield. During that meeting a small group of volunteers said they would help to plan an event and that event became the Navarre Community Festival. Levang stated Ralph Kempf, Rick Meyers, Candace Nadler and Christine Hardten were the four key people who were on the committee. Council Members Levang and Cornick represented the Council and helped make the event happen. The goal of the festival was to increase pedestrian mobility along the business corridor in Navarre, up to Livingston Tower Park, and then to the Dakota Rail Trail. Levang stated a number of people saw the colorful bikes that were used to help highlight the festival. The Navarre Initiative did partner with another group to obtain the bikes and they had over a dozen bikes placed throughout the area. The group spent many days painting those bikes and moving them around the community. Levang stated based on the number of volunteers and the feedback from the residents, it was a very, very successful day. Nadler thanked Mark and Paula Plewka of South Lake Bicycles for volunteering to tune up the kids' bikes and inspecting them to ensure every bike was working properly. Levang displayed pictures of the bikes. Levang stated on the day of the festival, the bicycles were brought to the Navarre Park. There were also food vendors at the park and across the street. The food was donated by community members and given to the participants for no cost. Some of the other activities held were the bike safety rodeo, vendors and food, a group of j azz musicians, face painting, a bouncy house, and tour of the Navarre Fire Station, and a bike ride on the Dakota Rail Trail, with a preview of the improvements that are going to be made to the Livingston Tower Park. Levang stated during the event, the Navarre Initiative conducted a survey of the participants, which showed that there were approximately 200 participants. Most of the participants indicated they had used the Dakota Rail Trail in the past and many used the trail multiple times a week or daily. A majority of the participants stated they wanted to be involved in the community event and have their children take part in the bike safety rodeo. Concerns raised regarding access to the trail were heavy traffic, the speed of cars, and no sidewalk or space on the roadway. Page 4 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 5. NAVARRE COMMUNITY FESTIVAL — EVENT RECAP AND VOLUNTEER RECOGNITION (continued) Levang noted the City is working with Three Rivers and Hennepin County on those issues. Suggested trail use improvements included waste bags for dogs, water, more trails to businesses, education on trail etiquette, and trail news in the local newspapers_ Nadler stated approximately 50 children participated in the rodeo. Council Member Cornick and David Trudell did lots of hands-on training regarding the use of proper hand signals and coaching regarding pedal speeds for maneuvering and stopping with their foot on ground. The goal was to protect the children from traumatic brain injuries and make sure that both parents and children wear bike helmets. Approximately 15 free helmets were fitted and given to the kids attending the rodeo who did not have a helmet. Volunteers from South Lake Bicycle made mechanical adjustments to the bikes. Nadler displayed a number of pictures of the event. Nadler thanked the Council for their support. McMillan thanked the volunteers and noted the City has received lots of good comments about the event. Council Member Cornick commented they hope to make it an annual event. PLANNING COMMISSION COMMENTS — REPRESENTATIVE JON SCHWINGLER Planning Commissioner Schwingler stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Steve Byrnes, 1025 Heritage Lane, stated it is his understanding that Item 10 will come before the Council in a couple of weeks. Byrnes stated as the Council knows, this is a topic that is very important to the neighborhood and that he would like to summarize a couple of the positions that have been discussed in the past. Byrnes stated instead of following the content of the developer, the residents have brought in their own consultant. Byrnes stated all along the neighborhood opposed the use of Heritage Lane for the construction and development access. Byrnes noted at the very beginning of the process, Planning Member Leskinen made a request of the developer to evaluate all alternative access points. When the discussion was brought back up, the developer presented up a very disconcerting map that said they would need to clear cut the entire side of the hill, the grade is too steep, and that it is impossible to have any kind of alternative access. Since then the neighbors have hired their own site engineer to evaluate the information and in their view there is an alternative. As a result of that independent evaluation, the neighborhood is now in opposition to the extension of Heritage Road and that they now believe there is a viable alternative through the Jacobs property. Byrnes stated they also uncovered some Orono documents that cite the right-of-way as being protected wetland. Byrnes stated that area of wetland between the two homes is deemed preserved. Byrnes noted their engineer has submitted some documents for the City to review that raise concerns ranging from the pollution control district, emissions, and holding ponds. Page 5 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. PUBLIC COMMENTS (continued) As a result of their engineer's findings, the neighborhood has tremendous concern that this application has not been thoughtfully reviewed and examined and the City Council has not been given all the facts that they need in order to make an informed decision. Byrnes noted this is the last large piece of land on Lake Minnetonka to be developed. Byrnes noted there are three lots to be developed, with a fourth lot containing the house to be developed at some point in the future, but yet there has been no discussion about what the long-term plan will be. The residents want to make sure the City is very thoughtful concerning the long-term development of this parcel and that in their view not enough evaluation has been done. Byrnes noted there has also been discussion about Hennepin County not allowing access for an alternative access. Byrnes requested the City Council do their due diligence and confirm that. Byrnes noted there has been no formal denial of access for the entrance from Shoreline and that Hennepin County has not reviewed it or made a decision on it. Byrnes stated when Hennepin County conducts their reviews, they can make a recommendation but cannot necessarily enforce it. Byrnes stated the idea that someone cannot turn off of Shoreline is not a de facto decision and that he would encourage the Council to discuss that with Hennepin County. Todd Erickson, Professional Engineer, stated he has been involved with developing property since 1997 and that he has a wide range of experience. Erickson indicated he usually works for the developer but that he has been hired by the homeowners association to review this application and the issues that were raised. Erickson indicated he did provide the association with a document that basically identifies his findings and the issues associated with the application. Erickson indicated he went through and analyzed what had been given to Staff and did a cursory view of the City's ordinances. The document has also been supplied to the City Council. The number one item is the length of the cul-de-sac, with no variance application being submitted, which is a concern. Erickson noted the bulk of the items identified were the length of the cul-de-sac and no documentation on how that road could eventually go through in the future. Erickson noted Orono's ordinance also states a maximum number of ten homes can be on the cul-de-sac and that there was very little discussion of that. The number two item is the drainage and how to deal with that. Erickson stated both of those items were basically left out of the application. The number three item relates more to the stormwater, specifically as it relates to the infiltration area, which relates back to the disturbance of the site. Erickson stated it is his opinion the number of trees to be removed would be more than double than what was stated by the developer for that portion of the project. In addition, the developer will be filling in a wetland off of the road right-of-way, which will take some extreme gymnastics to get that through the Watershed District. Erickson noted there really has been no discussion about that and no mitigation plan has been submitted. Other items basically relate to the tree survey, the impact of the ponding area and the infiltration practices. The developer's plan did not identify the number of trees involved or the installation of the retaining wall. Erickson stated typically that type of retaining wall requires geogrid or extra structural reinforcement which also was not identified on the plan. Page 6 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Erickson stated the developer is hiding the number of trees that they will be removing from the site and that in his view it seemed a little bit misleading. Erickson stated the fact that this parcel is a large parcel means that it needs more planning for the future. The City should be looking at how that road will go through in the future and the impact that will have. Erickson noted there has been no information submitted to substantiate the fact that the developer can extend the sanitary sewer. Erickson stated he also submitted information on an alternate access. Erickson stated he would appeal to the Council to ask those questions and obtain that information before moving forward. McMillan noted the Council and Staff did receive a copy of Mr. Erickson's report. Matt Mithun, 1160 Heritage Lane, noted when the developer was asked to look at alternate routes, they looked at a road going over the bluff, which they all know now does not make sense and that it would be quite easy to use the existing road and achieve a 10 percent grade. Mr. Erickson also put together information on an alternate road, which identified one tree that would have to be removed. The residents were originally told 90 trees would have to come down if the alternate route were required. Dennis Libby, 1000 Heritage Lane, stated he would like to go on record that he does change his opinion and endorsement and acceptance of using the extension right-of-way to the cul-de-sac for primary access to the development. Libby stated in his view the developer needs to have a different perspective on providing the Council much more empirical data so the Council can make a prudent and wise decision in their decision making. Libby noted he has twice heard the mayor ask the residents to discuss something new and not talk about the same thing over and over again. Libby stated he would now like to talk about something completely new. Libby stated having been a resident of Orono and spending almost his entire life being a lakeshore owner and having access to the lake, there is a part of this development that has never really been considered. Libby stated as Staff and the Council look at this project from a long-term perspective, they will realize the poorly conceived and completely unaddressed issue of the use of Tanager Lake for access to Lake Minnetonka for these three lots. Libby indicated he has been a real estate broker for 30 years and that he has had clients that reside and use Tanager Lake. The Foxhill neighborhood has a fairly substantial, almost commercial size, dock on that bay. The area the developer is proposing to use consists of intense habitat. Libby stated he has seen no documentation on how that habitat and environment is going to be affected by the docks on Tanager Lake. Libby stated in the words of the developer, these will be small boat tenders, but that people who buy a 3.5 million dollar house likely will have big boats. Libby stated the homeowners association is in compliance with everything the MCWD requires but yet the residents have not seen any plan concerning this lake access. Libby stated Staff needs to address the conservation district, the impacts on that area, and the developer needs to bring forward a proposal on how this makes sense. Libby noted the Foxhill neighborhood uses Heritage Lane as their primary parking lane, which is something the developer's traffic engineer completely ignored. Libby stated there is parking along that street, which is a public street, and that they take steps to carpool to limit disruption to the public street access. Libby noted the school bus and every 50 -foot long material transport truck will have a line of residents' cars parked along that street. Page 7 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Libby stated this is a project that is becoming less and less feasible, very ill-conceived, and should not be approved at all. Libby stated in his view this is a nature preserve area and that there is substantial habitat in the area. Libby stated he hopes this Council is sensitive to environmental concerns and habitat. Libby noted there are giant woodpeckers and four species of owl that live in the area. Libby stated he hopes in the future the Council gets a better and more conscientious plan from the developer instead of the misdirection and misinformation that is being provided in order to gain approval. Leonard Dayton, 1980 Heritage Drive, noted he is not a member of the Foxhill homeowners association but that he attended a meeting last night of the association. Dayton stated he found his neighbors are astute, wise folks with clear thinking that are directing his neighborhood in this discussion. Dayton stated his question really has to do with procedure. Dayton stated it is his understanding there is a 120 -day application period for the initial application and that he understands Mr. Steadman has requested a 60 -day extension of the application. Dayton asked whether the 120 days has been extended to 180 days. McMillan indicated it has been. Senior Planner Gaffron indicated it has been extended from November 19 to January 18 Dayton stated he is assuming Mr. Steadman is requesting that extension to have time to develop a thoughtful response to the residents' opposition and what has been brought to the table. Gaffron stated his expectation is that he will be prepared to respond in two weeks from tonight. Dave Ziegler, 1180 Heritage Lane, stated the Council should consider the long-term development of this parcel and that it is likely the Jacobs' house will be torn down and developed at some point. Ziegler stated it does not make sense to go through Heritage Lane, remove a number of trees and fill in a wetland. Ziegler stated it would make more sense to use the alternate road being proposed by the residents' engineer, which would only require the removal of one tree. McMillan noted the application will be before the Council again in two weeks. Sheridan Nygard, 1386 Rest Point Road, stated in her view the City Council is very wrong. Nygard noted she is Jay Nygard's daughter and that the Orono City Council has affected her life and her childhood. Nygard stated the actions by the City against her father have been going on since 2010 and that she was 12 when this started, which is an important developmental age. Nygard indicated she is now 17. Nygard stated it was really hard for her when her dad was not there for her because he was in disputes with the City and that he missed events like sports and other activities. Nygard stated the City separated a father from his child over a buried slab of concrete in the ground for four days. Nygard stated she would also like the Council to know that they have their own problems as a family, such as her brother having a traumatic brain injury. Nygard stated the City is only making the situation worse and that there is an overwhelming amount of support from around the world that her father has generated. Nygard read a number of comments her father has received. Nygard stated she would like the Council to reflect on whether they have received mail like this. Page 8 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Nygard noted her father has received lots of media coverage and so much support from people around the world, including people in their own home town, such as Brad Erickson. Nygard stated she would like to thank him for being here for them and that their family appreciates him very greatly. Nygard stated the City has affected her and her family in ways they can never imagine. Kahler Nygard, 1386 Rest Point Road, asked if the Council has read the newspaper article with Sheriff Stanick requesting more handcuffs in the courtrooms. Nygard stated he knows the City works with the sheriff's office and that he would suggest the City of Orono send a letter saying that they do not want to go with the authoritarian and tyrannical stance that more handcuffs are required in the courtrooms, especially dealing with Orono's cases. Nygard stated the City does not need more handcuffs in the courtrooms in order to scare people into whatever it is. Nygard stated there is not a huge blowup that they need handcuffs for and that he does not support that move at all. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT Public Works Director/City Engineer Edwards reported Baldur Park Road paving is completed and work has begun on the punch list items. The Public Works Department is also trying to get complete patching before the asphalt plants shut down, including the section of road that was discussed by a resident at the last Council meeting. Edwards stated painting on the water treatment plant begins tomorrow, which is the last step that needs to be done. Storm sewer inspections have also been completed in the targeted section. The City also had some volunteer work completed by a Boy Scout Troup at French Creek Preserve. The Boy Scouts installed three new benches. The City provided the materials and the Boy Scouts provided the labor. Edwards indicated the contractor is also finishing out the punch list items for Phase I of Watertown Road and that survey work for Phase 2 has been completed. Edwards stated as it relates to the golf course, the course is still open until the end of this week. The golf course had 14,103 tee times, which is up from previous years. Edwards noted that is not as high as what it was in the 1990s but that it is on the upswing. As part of the City's sign reflectivity requirements, Public Works has been conducting an inventory of all its signs. Edwards stated one result of that survey is finding that there is an excessive number of speed limit signs on dead-end roads. Those roads tend to have speed limit signs at the entrance and then signs spaced a couple 100 feet from each other along the road. Edwards indicated he will be bringing a proposal to remove some of those since it costs at least $100 to replace each sign. Levang noted people are still dumping things at the brush pile off of McCulley Road. Levang asked if that is okay. Edwards indicated the brush pile was kept open following the last storm. Edwards stated leaves and grass are being accepted over at the Public Works facility but not at the brush pile location. Page 9 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT (continued) Edwards stated the City has a chip contractor who will take care of that brush at no cost to the City as long as it remains just brush. The Public Works Department has been monitoring that situation to see whether it will work out in the long term. Edwards stated once the snow starts, the access will be closed. *6. WATER TREATMENT SYSTEM IMPROVEMENTS — PAY REQUEST NO.7 AND CHANGE ORDER NO. 1 Levang moved, Printup seconded, to approve Pay Request No. 7 to Municipal Builders, Inc., in the amount of $18,524.31, and Change Order No. 1 for $2,939.78 for the Water Treatment Systems Improvement Project. VOTE: Ayes 5, Nays 0. *7. PARK COMMISSION PRIORITIES FOR 2016 Levang moved, Printup seconded, to endorse the 2016 Park Commission Focus Parks and Initiatives. VOTE: Ayes 5, Nays 0. PUBLIC SAFETY REPORT *8. ACCEPT DONATIONS Levang moved, Printup seconded, to accept a $100.00 donation from Aaron Printup and family to the Orono Police Department. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to accept a $100.00 donation from Marsha Gronnenberg to the Orono Police Department. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT 9. #15-3768/15-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT Michael and Lisa Larson, Applicants, were present. Community Development Director Barnhart noted there are two requests before the City Council tonight. The first one is a text amendment to amend the B-1 zoning district to include indoor dog boarding, indoor dog day care, and dog grooming as conditional uses. The second request is to approve a conditional use permit for The Woofington, which is an indoor dog boarding, indoor dog day care, and dog grooming business to be located at 3596 Shoreline Drive. The Planning Commission and City Council have reviewed these applications on a number of occasions. The text amendment was recommended for approval by the Planning Commission on August 17. The Council tabled discussion on both September 14 and September 28. The conditional use permit was reviewed by the Planning Commission on September 21, initially tabled, and then recommended for approval on October 19. Page 10 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 9. #15-3768115-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) Staff has spoken with the planners in Richfield, Minnetonka, Medina, and Plymouth. They have reported similar concerns during their review process, but once the businesses become operational, these businesses have generated no complaints. Staff has found that this type of business is appropriate in large buildings with small parking lots, which is similar to warehouses. Barnhart displayed a layout of the site. The applicants are proposing a maximum of 72 dogs, which is one dog for every 85 square feet. Based on the recommendation of the Planning Commission, the applicants have redesigned the interior of the building as part of the strategy for noise mitigation. The primary concerns raised so far have focused on noise generated by barking dogs and the concern that this sound could continue unabated for any length of time. These concerns have been received either during the numerous public hearings or via phone call. To date, one letter in opposition has been received. The Planning Commission, given the sound mitigation measures proposed for the building, seemed comfortable with sound indoors but still had some concerns with outdoor sounds. The condition that dogs outdoors be supervised at all times is intended to address that concern, as is the capacity related condition. Barnhart noted he has visited a number of sites in the Twin Cities area and that his observation was that these types of facilities were all located next to roads that were fairly busy. Barnhart stated as it relates to the text amendment, when a proposed use comes forward, the City should consider whether it is consistent with the other uses in the proposed area or other areas of the City. While the City does have outdoor dog kennels, it does not have an indoor kennel. The City does have a requirement that car repairs occur indoor, which seems to be consistent with the goal of the applicant to keep the dogs indoors. Barnhart stated he does not feel it is that inconsistent with that type of use and Staff is supportive of the text amendment. In addition, the applicants were encouraged to reach out to the neighboring properties to provide more information and to hear their concerns firsthand. The applicants were unable to connect with the property owners after repeated attempts, but a letter was sent to the property owners. Staff recommends the following: 1. Approval of the B-1 zoning ordinance as drafted. 2. Approval of the Conditional Use Permit to include the following conditions: a. The use is a listed permitted or conditional use in the B-1 zoning district. b. The operator shall maintain the annual kennel license. Failure to maintain the kennel license shall render the conditional use permit lapsed. C. Dogs shall be supervised while outdoors at all times. Page 11 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 9. #15-3768115-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) d. The trash enclosure shall be constructed of materials consistent with the principal structure and located as approved by Staff. e. A solid 6 -foot fence shall be constructed between the subject property and the adjacent residential properties. f When the average occupancy level for three consecutive months exceeds 50 percent of capacity, the business shall be staffed overnight. Capacity of the facility is 72 dogs (1 dog per 85 square feet). 50 percent capacity is 36 dogs. g. A 24-hour contact number shall be provided that can promptly respond to concerns. Direction to prepare a resolution for approval or denial for consideration at the next City Council meeting. Barnhart noted the applicants are present this evening. Cornick asked who would do the inspections and how often they would happen. Barnhart indicated inspections would be part of the licensing process and would be once a year. One of the conditions of approval is that the applicants maintain a license, and if that is not maintained, the conditional use permit would be revoked. Cornick asked if there is any state or county agency that would also perform inspections. Barnhart indicated he is not aware of that. Lisa Larson stated the State of Minnesota does not regulate kennels like this and instead leaves it up to the local agencies. Larson noted they would expect to see OSHA officials. Cornick asked if the 25 -pound limit is being imposed by the applicants and not the City. Cornick asked if the applicants could allow a dog that weighed 100 pounds. Barnhart stated based on the recommended conditions of Staff, that would be true, and that the applicants have stated they would be limiting the dogs to breeds that are 25 pounds or under. Barnhart stated the Council could require a weight limit if they so choose. McMillan noted sometimes people have a big dog and a small dog and that they would likely not use this facility if only one dog is allowed. Mike Larson stated they understand that but the bigger dog would not be allowed. Page 22 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 9. #15-3768115-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) Cornick stated he has counted the suites and that there are only 54. Cornick asked whether the dogs will be doubled up. Mike Larson stated the number is assuming that all suites would be occupied plus additional dogs for daycare, which is how the 72 number was arrived at. McMillan asked if the boarding dogs and the daycare dogs would be separated. Lisa Larson indicated they would be separated for some of the time and together part of the time. Larson noted the 72 number would be the maximum number of dogs in the facility. Mike Larson stated there is an indoor play area that would be divided up to break the dogs into pods to make sure the daycare dogs are managed on one schedule and the overnight dogs are managed on another schedule. Lisa Larson stated the overnight dogs will have different eating and relief times. McMillan asked how tall the outdoor fences would be. Lisa Larson stated they are suggesting six feet but that they would be agreeable to going with eight if required. McMillan noted the applicants also talked about having the garage door open periodically. McMillan expressed a concern about the noise if the door was left open. Lisa Larson stated that door would be rarely open. Mike Larson stated that would be something that would need to be monitored very closely by themselves but that they only intend to do it once in a while on a very nice day when the majority of the residents are not around. Lisa Larson noted north of the garage door is a single door that they would primarily use. Council Member Printup asked how waste disposal would be handled. Printup stated he has become less concerned with the noise but that he still has a concern with the outdoor play areas and odors. Printup stated to his recollection he read in some minutes that there is a trend that these types of businesses have moved inside. Mike Larson stated when the dogs are out in the relief area, the solid waste will be picked up immediately and put into sealed containers on site. The waste will be collected three times a week by a contractor licensed to do that type of work. Larson indicated they intend to install a surface called canine grass, which is made by a company called Forever Lawn. In that system, the liquid waste penetrates down through crushed limestone, which acts like a mound septic tank. That space would be treated with enzymes, which naturally breaks down the liquid waste. Page 13 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 9. #15-3768/15-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) Lisa Larson stated the company's literature says that the waste that goes through the canine grass comes out more clear and fresh than the water people drink. Mike Larson noted there have been studies done in New York State on this product and that they basically found there is no contamination into the ground water. McMillan asked how deep the limestone would be. Mike Larson indicated the crushed limestone bed is six inches. McMillan asked where the water will run off. Lisa Larson stated it would be the same thing as the liquid waste. McMillan noted this site will have a lot of water put on it every day Lisa Larson indicated they will not be watering the grass like other people do and that it will go into the ground as usual. Larson noted they will also be treating it with enzymes. Council Member Walsh stated he did visit some of the other facilities in the area, including Adogo at Ridgedale. Walsh stated that facility was very nice and well -kept but that they were only open during the day and not at night. In addition, they did not have an outside play area and the relief area was very small with a high wood fence. Walsh stated a person could not even see it because it is between their building and the Midas building. Walsh noted he was not able to speak with any of the neighbors near that facility. Walsh stated he also visited Wolf Central, which was very noisy inside but not outside the building. Walsh indicated he has never really been worried about the inside noise but more the noise generated from the outside play/relief areas. Wolf Center had no outside play area but they do have an outside relief area. Walsh stated he did have a chance to talk to some of the neighbors near Wolf Central and they said that probably half of the time the urine smell is very strong, which stops them from going out and doing things in their yards. In addition, they get woken up at 7:00 pretty much every day. Walsh stated in that situation they have the noise and the smell. One of the neighbors also tried to sell their house a year prior to the business going in and they were not able to sell their house due to the potential issues. Walsh stated that was a concern of his and that he still thinks this business is not appropriate in a residential area and that it would be more appropriate in a large commercial area. Lisa Larson pointed out that Wolf Central does not have canine grass. Larson stated the entire intent of the product is to mitigate the smells and keep it very sanitary. Larson noted Canine Spa and Adogo have the canine grass and that the dogs are let out in the fenced in area. McMillan stated she visited one of the sites and it was very quiet outside but very noisy inside with nonstop barking. McMillan stated there were no dogs in the outside play area at the time she visited. Page 14 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 9. #15-3768115-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) McMillan stated when someone walks into the building, the dogs get excited and get riled up but that she did not tour the inside of the facility. Mike Larson indicated they have toured countless facilities and that they had a similar type of experience where the dogs were kept in a long row of cage after cage. Larson stated the noise was deafening and the facility made no effort to deafen the sound. Larson stated they recognize that as a problem and that they do not want that to exist in their facility. Lisa Larson noted they are also talking about only bringing the dogs out two at a time in the morning and that they will not have day care dogs on the weekends. Mike Larson stated they have drafted a preliminary schedule, with the first outs being at 7 a.m. in the southwest corner. The last out will be at 730 at night. Larson stated one important thing is that they recognize the neighbors do not want to listen to barking dogs at 7:00 a.m. and that they want to control that to make sure that is not an issue. Larson stated they will be taking the dogs out two by two on leashes for the first round of outs. After that, they will be introduced out there in larger groups. McMillan stated the applicants have come up with a great plan and are very conscientious of the issues but that she is still struggling with the location. McMillan noted this is a small site next to a residential area as well as a commercial area. McMillan stated the City runs up against how different businesses will work with the neighborhoods and that the City has struggled in the past with the Narrows Saloon. McMillan stated in her view Navarre does not have a big enough commercial area and that there is quite a bit of residential tucked in there that the City needs to be very cognizant of. McMillan stated she does not want the applicants to make a big investment and then find out that it is problematic. 'McMillan stated her concerns have nothing to do with the applicants' business plan or site plan but has to do with the location. McMillan asked if anyone would like to continent on this application. Tom Haugan, 3585 Lyric Avenue, stated he owns the property adjacent to this site and that he is here to speak in opposition of this. Haugan stated he does not do that easily and that he is pro-business. Haugan stated he knows these people are conscientious but that he does have some concerns. Haugan noted some of the Council Members talked about the sound and smell already but that he wants to talk about the traffic. Haugan stated currently in the morning Shoreline Drive is bumper to bumper as people try to head east. People get frustrated and they go up to where the drycleaner is and then go racing down Lyric. Haugan indicated there are a lot of people that do this every morning and that Lyric is being used like Shoreline Drive. Haugan noted one of the concerns people were talking about at the Navarre Festival was the traffic between the Navarre Park and the new Livingston Park, which is on Lyric. Haugan noted the Council also heard the number of suites being 54, but that there will also be 18 daycare dogs. Haugan stated presumably 18 dogs will be dropped off during rush hour, which will add to the traffic. Haugan stated he feels it is a great plan and no one wants to see an empty building, but that he does not see how it will work at this site with the traffic and safety issues. Page 15 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 9. #I5-3768115-3780 MICHAEL AND LISA LARSON, 3569 SHORELINE DRIVE, TEXT AMENDMENT TO AMEND B-1 ZONING DISTRICT AND CONDITIONAL USE PERMIT (continued) Levang stated she likes the plan and the use of the building. Levang commented it is an odd piece of property in that the parking will be limited no matter what type of business is in the building. Levang indicated she is in favor of the application. Cornick stated he agrees with Council Member Levang. Cornick stated in his view there should be more inspections than once a year and that there should be inspections two or three times a year. Barnhart stated the Council can put any condition on the business if they feel it is appropriate. Barnhart indicated he is comfortable with the City's licensing process, which is in place to help address the concerns, but that the Council could put additional inspections on this business for the first couple of years if they feel it is necessary. Cornick stated he would like to see, at a minimum, additional inspections during the first year. City Administrator Loftus stated the inspections typically look to see if the business is in compliance with what was applied for and that the animals appear to be in good health and well cared for. Loftus stated the inspector probably would not make much comment regarding noise during the inspection and that the police department would handle any noise complaints. Cornick stated other than the inspection issue, he would support what is before the Council tonight. McMillan stated the inspections would also look at the cleanliness of the facility as well. Printup asked where the 6 -foot fence is. Barnhart stated there will be a 6 -foot fence around this portion of the property and then a 6 -foot fence around the outdoor relief area. Printup asked what is currently along the property line Barnhart stated one of the conditions that Staff is recommending is that there be a 6 -foot fence located along this area. Currently there is a chain link fence in that location and one of the conditions is to replace it with a solid 6 -foot fence. Levang asked if it would go all the way up the backside of the building near the Dairy Queen. Barnhart stated he would not propose fencing there since the wall of the building would serve that purpose. Barnhart stated he would also recommend the landscaping be cleaned up a bit. McMillan asked if a taller fence would be helpful with noise and smells. Barnhart stated the fence would be more visual but that he is not sure it would have a tangible impact on the noise levels. Barnhart stated if the fence is taller than seven feet, then they would need to meet building code requirements. Page 16 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. Walsh moved, McMillan seconded, Application No. 15-3768/15-3780, Michael and Lisa Larson, 3500 Shoreline Drive, to deny the text amendment and conditional use permit. VOTE: Ayes 2; Nays 3, Printup, Levang, and Cornick Opposed. Printup asked if the applicants would accept the added condition of a maximum 25 -pound dog. Printup stated currently no restriction on the size is listed under Staff's recommendations. Cornick asked how that would be enforced. Barnhart stated it would be enforced the same way the number of animals is enforced. Printup noted if the City receives any complaints, the conditional use permit would get another look. Barnhart recommended the weight restriction be added as Item 2h. Cornick asked if the applicants are fine with the 25 pound restriction. Lisa Larson stated that is okay. Mike Larson stated small breed dogs tend to be 25 pounds and under. Lisa Larson stated they will have a scale at the front desk. Printup moved, Levang seconded, to adopt ORDINANCE NO. 160, Third Series, An Ordinance Amending the Orono Municipal Code By Amending Section 78-1 Regarding Definitions, and 78-644 Regarding Dog Grooming and Spa Services. VOTE: Ayes 3, Nays 2, McMillan and Walsh opposed. Printup moved, Levang seconded, Application No. 15-3768115-3780, Michael and Lisa Larson, 3500 Shoreline Drive, to direct Staff to draft an approval resolution granting a conditional use permit with the conditions listed in Staffs report, and with Item 2h being added restricting the type of dog to breeds that are 25 pounds or less. VOTE: Ayes 3, Nays 2, Walsh and McMillan opposed. 10. #15-3774 MICHAEL STEADMAN ON BEHALF OF IRWIN JACOBS,1700 SHORELINE DRIVE — PRELIMINARY PLAT APPROVAL This item was removed from tonight's agenda at the request of the applicant. 11. #15-3784 CITY OF ORONO TEXT AMENDMENT REGULATING LIVING WALLS Barnhart noted the first time the City Council saw this application it was a text amendment intended to address two concerns raised by residents. The first component was lighting in residential areas and the impact it has on residential properties and the second was living walls impacting the view into lakes. The Planning Commission at its last meeting broke the text amendment into two pieces. The lighting issue will continue to be reviewed by the Planning Commission. Before the Council tonight is the living wall component. Page 17 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 11. #15-3784 CITY OF ORONO TEXT AMENDMENT REGULATING LIVING WALLS (continued) At the last meeting the City Council had some discussion about living walls and how the City should address that concern. The Planning Commission seemed comfortable in recognizing the problem but they did not have a strong consensus of what the solution should be. Living walls are proposed to be defined by the ordinance as a combination of three or more evergreen plants that are six feet or more in height and planted in such a manner that their spacing is equal to the width of the plant. The City of Orono has placed great importance on the lake views enjoyed from homes on lakeshore properties. Barnhart stated he wants to be cautious with regulating landscaping and that most cities do not regulate it. The proposed ordinance defines a living wall and establishes the same as a nuisance when placed within the average lakeshore setback. A living wall must be evergreen plants planted. Evergreen plants include pine, arborvitae and spruce. Other plants, such as lilac, dogwoods, etc., that may provide similar screening characteristics part of the year are purposefully not included as these varieties are not likely to be chosen for nuisance landscaping. Trees placed by nature, regardless of size, type, and location, are not a living wall. Non -evergreen trees planted are not a living wall. This ordinance only identifies living walls in the required lake yard. Living walls for landscaping meeting that definition are frequently used for screening throughout the City. Barnhart stated he is looking for Council input tonight. Barnhart noted this is a Council initiated action and that there are no time limits to be worried about. McMillan stated Staff and Planning Commission have attempted to get a handle on this and that the City is looking at this due to some complaints it has received. McMillan stated the City is very protective of lake views but at the same time it is a whole new area of restriction. Walsh stated there are a lot of unintended consequences with the ordinance, such as whether things should be grandfathered in and who has the right to complain about the view and what type of view someone should have. Walsh stated given all those variables, he is not sure how that can be regulated McMillan stated the City is attempting to protect a certain type of view shed and that the question is whether it should be taken to the next step to prevent someone from intentionally blocking someone's view of the lake with landscaping. Levang noted the City has been very protective of that view and that the Council has denied variances in the past for anything blocking it. Levang stated a living wall absolutely does block that neighbor's view and that she is in favor of crafting something. Levang stated the language should only apply to somebody who is directly impacted and not someone that lives three doors down. Levang stated in her view some type of limitation could be put on who has the right to complain. Levang stated in looking at the draft ordinance, it says of any considerable number of members of the public. Levang stated she is not sure if that means one or more persons or whether one homeowner can be the only person making a complaint. Barnhart stated he is not proposing to change that language at the present time Page 18 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 11. #15-3784 CITY OF ORONO TEXT AMENDMENT REGULATING LIVING WALLS (continued) City Attorney Mattick stated the only language that is being added is the language that is underlined. The considerable number language is language that is already in the ordinance regarding a nuisance. Levang asked what a considerable number is. Mattick stated the standard idea behind a nuisance is that it impacts a number of people. Mattick stated what he is hearing as part of the discussion tonight is that if it is not bothering the adjacent neighbors, the Council is not necessarily concerned about the person three doors down. Mattick stated this will be a hard standard to enforce. Printup asked if Staff has come up with any other cities regulating living walls. Barnhart stated there are some cities on the West Coast that regulate living walls. Barnhart indicated part of what has been drafted has been taken from the ones on the West Coast. Barnhart stated the challenge he has is that several of the neighborhoods are organically grown and that he attempted to be very cautious about just regulating living walls in the lake yard. Barnhart stated he is not sure how many properties this ordinance would impact and that the City does not regulate landscaping currently. Walsh questioned whether trees should be grandfathered in. Walsh stated in his view some of the living wall language is awkward and that he would probably say, in such a manner that their spacing width is equal or less than the height of the plants. Barnhart stated as it relates to the grandfathering, the text amendment was approached as a nuisance, and if it is strictly a zoning code issue, any living wall would be allowed to continue. Mattick stated it is arguably a legal nonconformity, and if zoning concepts are applied to a plant, as the plant grows, it would then be an expansion of a nonconformity. Printup stated he understands the spirit of the ordinance, but where it becomes difficult is that on one hand the City encourages protection of the environment and green space, but on the other hand the City is not going to. Printup stated the more he hears about it, it starts to get nerve racking. Loftus stated one way communities deal with living walls is to add it to the fence definition. Based on the pattern and spacing of evergreens, it can be defined as a fence. Loftus stated it rarely works easily since you will get into opaqueness. Loftus noted the City has strict regulations on fences currently but that a lot of people will plant their trees in a zig-zag fashion, which has the same or similar effect, but since they are not in a straight line, it technically is not part of that definition. Loftus noted Tonka Bay has included living walls in their fence regulations but it does not necessarily resolve the disputes. McMillan stated she would be interested in seeing Tonka Bay's regulations. Walsh asked where the width is measured from. Walsh stated if the width is measured from the bottom, someone could trim it up four feet and then it does not apply. Walsh stated he can envision a lot of issues that are difficult to address. Walsh stated he would like to solve this problem but that there are too many loopholes. Page 19 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 11. #15-3784 CITY OF ORONO TEXT AMENDMENT REGULATING LIVING WALLS (continued) McMillan stated people have also put chain link fences up and then planted arborvitae along the fence to hide it. McMillan stated she would like to see Tonka Bay's ordinance. Loftus stated she does not consider Tonka Bay's ordinance a success and that it would not necessarily be a model ordinance to follow. Loftus stated most of the time people are respectful of their neighbors and that the question is whether this ordinance will help address those situations where there is a problem. Loftus stated in her view it does not and that enforcing it would be difficult. Cornick asked if it would be a responsible option to do nothing. Walsh stated the other side of that is that City could also create more problems by doing something. Cornick stated even with a perfect ordinance, people will try to get around the ordinance, which may create more problems. Walsh stated if there are too many loopholes, there are too many of them, and that it would be impossible to address all of them. Printup stated the City could also move forward with it and then add to it if there are still complaints, which is not necessarily a good option. Walsh stated the City cannot regulate all types of behavior. McMillan asked if the City Council should table this. Barnhart stated the Council could do that, which would give him more time to understand the impacts. Cornick asked if the City could force arbitration on two neighbors. Mattick stated they cannot. Mattick stated if there is merely a disagreement between two neighbors but no ordinance is being violated, the City would not be able to do anything. Levang asked if the Planning Commission would be amenable to the Council tabling it to 2016. Barnhart stated in his view they would and that they recognize the problems and challenges with the ordinance, which is why they did not have a strong recommendation for the Council. Levang moved, Cornick seconded, to table Application No. 15-3784, City of Orono text amendment regulating living walls, and to direct Staff to place this ordinance on the 2016 City Council task list. VOTE: Ayes 5, Nays 0. Page 20 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 12. #15-3787 DAVID AND LISA WIPSON, 2264 SHADYWOOD ROAD, VARIANCE — RESOLUTION NO. 6560 City Planner Curtis stated the applicants are requesting approval of a structural coverage variance to allow construction of a two-level detached garage with a 289 square foot footprint resulting in 16.9 percent structural coverage on the property. The home does not have a basement and the applicant has expressed a need for a storm shelter in addition to the added storage. Additionally, as part of this application, the applicants are requesting approval of a second driveway curb cut accessing to the rear of the property. At its October meeting, the Planning Commission held a public hearing and reviewed the application. There were no comments from the public at that time. The Commission voted 4-0 on a motion in favor of approval of the variance requested. An amendment recommending the applicant be required to provide evidence that the detached garage meets structural requirements for a storm shelter was included in the motion. In discussing the recommendation with the building official, Staff has learned there are no City requirements for single-family homes to provide storm shelters. The Code says if an area is designated as a storm shelter, it must comply with the wind load requirements of the International Building Code. Staff does not recommend the proposed garage conform to the storm shelter construction requirements as the garage will be required to meet the wind loads in the Residential Building Code. Curtis noted the applicants' request does not exceed the total square footage of the 2014 application. Therefore, Staff's recommendation is for approval. The Council should consider the request for a second driveway approach and structural overage variance. An approval resolution has been provided for Council review. Levang asked what the difference is between this application and the prior application that was approved Curtis stated the current owner of the home is taking the total footprint and cumulative overhang and putting it into one building rather than two structures, which is the main difference and is more functional for the applicant. Levang stated she does not have a problem with the application. Walsh stated he also does not have a problem with the application and that it appears to be more about functionality than a storm shelter. Wipson stated under the previous application, they were proposing to add six feet on to the side of the garage. Due to the utility easement and a 12 x 12 structure, it just was not functional. Wipson stated having the garage with a basement where there is concrete on top also means a lot to them as a safe haven. McMillan asked if part of that road is on their property. Wipson indicated it is. Page 21 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. 12. ##15-3787 DAVID AND LISA WIPSON, 2264 SIiADYWOOD ROAD, VARIANCE — RESOLUTION NO. 6560 (continued) McMillan stated in her view the road is part of the practical difficulty. Wipson stated they also have an issue with water coming off of Crystal Bay Road. As the road loops around, there is a lot of runoff and that will be helped by putting in some retaining walls to deal with all that water. Wipson stated the retaining wall will not change the drainage but rather manage it through the property. There is also significant erosion of the class five gravel underneath the asphalt roadway and the retaining wall will help to manage that as well. McMillan noted the Council struggled a little bit the last time with the increase in structural coverage and that the City took steps to ease the hardcover requirements. Wipson stated the structural coverage will be 16.9 percent. Wipson stated it is a fairly deep lot and goes quite a ways back. Wipson stated when they acquired this property, they liked the fact that the lot appears to be much larger due to the city lot next to it. Wipson stated as far as the access to the back, when someone looks at the size of the building compared to the neighbor's garage, it is significantly smaller and is not very large. Walsh moved, Printup seconded, to direct Staff to adopt RESOLUTION NO. 6560, a Resolution Granting a Variance from Municipal Zoning Code Section 78-1685 for the property located at 2264 Shadywood Road. VOTE: Ayes 5, Nays 0. *13. COUNCIL LIAISON TO PLANNING COMMISSION MEETINGS IN 2016 Levang moved, Printup seconded, to approve the schedule for Council attendance at Planning Commission meetings during 2016. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh reported he attended the Fire Department meeting and that there was a good discussion about shared services with other communities and best practices. Walsh stated in his view the meeting was very productive. Printup stated the Highway 12 Safety Committee is currently dealing with issues west of Orono. Turn lanes are being discussed for both north and south County Road 92 perhaps beginning next year. The committee is also looking at lighting options. Printup stated he would like to thank Senator Osmek for reaching out to Senator Dibble and Representative Kelly and inviting them to an event that the West Hennepin Safety Department is hosting on November 25. The event is to demonstrate the issues with Highway 12. McMillan noted the City received a handwritten note from Bill Lurton. Mr. Lurton indicated he had recently stopped by the park and that he is pleased with all that has been done there since he last visited. Mr. Lurton also made mention that his daughter said there is consideration for making a portion a dog park. Page 22 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 4, 2015 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) McMillan indicated she did call Bill's daughter today and that she said she would like to be involved in helping to plan and design the dog park. McMillan stated she mentioned that the City would like the Lurton family to be as involved as they would like to be. McMillan stated she would like to sit down with Park Commission Chair Meyers and Adam Edwards about a plan of action for designing that part of the park. Mr. Lurton indicated he would also like to keep part of the prairie. CITY ADMINISTRATOR'S REPORT City Administrator Loftus reported Financial Director Ron Olson and herself met recently with the Hennepin County Assessor's Office who informed them that the average property value increase across Hennepin County was 3 to 4 percent for 2016. The last few years commercial properties have remained flat and residential values have experienced some growth. Loftus stated based on the preliminary levies that have been submitted to Hennepin County, Orono is by far one of the lowest and is well below the state average. Loftus stated in Orono, the non -lake residential will be seeing a 3 to 6 percent value increase and the lakeshore will see a 2 to 4 percent increase. The condominium and townhome market will see about a five percent increase. Loftus noted Hennepin County will be hosting another community open house for County Road 112 to discuss the road improvements. That open house will be held November 18 at Lake Community Bank in Long Lake from 4:30 to 6:30. Discussion will center on the temporary bypass and some of the project timelines and design. Loftus noted Council Member Walsh touched on the last fire department meeting. The Fire Department is approximately $2,500 over budget due to education and training. Calls are slightly down in the third quarter. The Fire Department committee will be looking at a new phone system for the fire station. Loftus noted the new fire truck was not discussed at the last meeting but that they have talked in the past about a committee looking into acquiring a new truck. Lotus stated the committee has not gotten an update on it lately but that she will follow up on that. *14. 2015 INTER -FUND TRANSFERS Levang moved, Printup seconded, to approve the transfers and loan payments as indicated on the Schedule of 2015 Interfund Transfers and Loan Payments. VOTE: Ayes 5, Nays 0. *15. AUTHORIZATION TO DISBURSE FUNDS FOR CLAIMS RECEIVED Levang moved, Printup seconded, to authorize the City Treasurer to disburse city funds in payment of claims received for the December 28 Council meeting, which has been cancelled, and that such paid claims be presented for formal approval at the January 11, 2016, Council meeting. VOTE: Ayes 5, Nays 0. Page 23 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 9, 2015 7:00 o'clock p.m. X16. PROPOSED 2016 OFFICIAL CALENDAR Levang moved, Printup seconded, to approve the 2016 Official Calendar as submitted. VOTE: Ayes 5, Nays 0. X17. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Levang moved, Printup seconded, to go into closed session as permitted by the attorney-client privilege (Section 13D.05, Subdivision 3(b) to discuss the pending lawsuits and potential new lawsuit between the City of Orono and the Nygard's. VOTE: Ayes 5, Nays 0. (After a brief recess the Orono City Council went into closed session from 9:52 p.m. to 10:46 p.m.) ADJOURNMENT ATTEST ane T ieg , City Cl lv� J05k 9&02�n, Lili Tod McMillan, Mayor Page 24 of 24