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HomeMy WebLinkAbout03-14-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 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 James Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, and Recorder Jackie Young. City Attorney Soren Mattick arrived at 8:17 p.m. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 5, 6, 7, 8, 10, 11, 16, 18 and 19 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. CITY COUNCIL WORK SESSION OF FEBRUARY 22, 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council work session of February 22, 2016, as submitted. VOTE: Ayes 5, Nays 0. *3. CITY COUNCIL MEETING OF FEBRUARY 22, 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of February 22, 2016, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 4. HENNEPIN COUNTY — BROWN ROAD/CSAR 146 BRIDGE — RESOLUTION NO. 6594 John Ekla, Hennepin County Transportation Department, stated he is requesting municipal approval tonight on the Brown Road bridge project. This project has been identified in Hennepin County's 2016 capital improvement program but will be constructed in 2017. Ekla stated for those not familiar with the project, Long Lake Creek intersects Brown Road just south of Fox Street and the bridge is one mile north of Lake Minnetonka and is sandwiched between the City of Long Lake and Lake Minnetonka. Ekla displayed a picture of the road and bridge. Ekla stated the project is necessary because the current bridge is almost 100 years old and is starting to show its age. The bridge has a concrete bed that sits on steel beams and spans 23 feet in length. Page 1 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 4. HENNEPIN COUNTY — BROWN ROAD/CSAH 146 BRIDGE — RESOLUTION NO. 6594 (conErnued) The bridge is considered structurally deficient according to MN/Dot standards and is not friendly to pedestrians or bicycle traffic given the lack of shoulders. With the bridge design approaching 100 years old, the current foundation is considered critical and needs to be monitored in flood situations. Ekla displayed some inspection photographs of the bridge. Ekla stated the pictures depict the structure showing some wear and tear. The bridge has had to be repaired periodically to maintain its current standards. Ekla stated Long Lake Creek fluctuates in height depending on storms. As a result, the elevation of the structure is key so it does not interfere with future flooding events. One of the key elements taken into consideration during the design phase of this project included minimizing impacts to the surrounding residences and wetlands. The new structure will be much wider in width to accommodate shoulders. The new bridge will have a concrete deck that sits on shallow concrete beams and will be longer by approximately 13 feet. Ekla stated this was done to simplify construction methods. In addition, the new bridge will be 43 feet wide and will be able to accommodate 12 -foot lanes in each direction with 8 -foot shoulders on both sides. The old metal railing will be replaced with a concrete crash barrier and an architectural railing on the top. Also included with this project will be approximately 500 feet of roadway work that will start at Fox Street and go approximately 500 feet south of the structure. Ekla indicated the diagram on the overhead shows the existing structure at the top view and what is being proposed for the bottom of the structure. At the present time Hennepin County is in the process of creating final plans, with the goal of having federal review take place in May. Being a 2016 capital project, Hennepin County anticipates bidding and letting the project this year but construction will not commence until 2017. Ekla noted they will only be requesting temporary right-of-way easements from two owners immediately adjacent to the structure. Communication efforts with these two property owners have already started. The project is expected to take up to approximately three months, with a full road closure being necessary for the project. The detour route will utilize County Road 84. Ekla stated included with the municipal consent being requested tonight will also be a parking ban within the reconstructed section of the roadway. Ekla stated their website contains additional information on the project. Council Member Levang asked if the shoulders will be bituminous or gravel. Ekla indicated they will be concrete on the structure and gravel approaching the structure. Ekla noted the structure is expected to last between 75 and 100 years. McMillan asked if there will still be guardrails around the approach to the bridge. Page 2 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 4. HENNEPIN COUNTY — BROWN ROAD/CSAH 146 BRIDGE — RESOLUTION NO. 6594 (continued) Ekla indicated there will be approximately 400 feet of guardrail to the south, which will help minimize impacts to the surrounding neighbors and wetlands. That guardrail will terminate to the north at Fox Street. The guardrail will tic into the barriers on the bridge. McMillan commented the northwest guardrail has been hit a number of times and replaced periodically. Ekla indicated the concrete guardrail will'have an ornamental railing on top, which will match the adjacent Fox Street Bridge. Levang noted from time to time people fish off of the bridge. Ekla stated he has not witnessed that and that there are really no accommodations they can make for that. Levang stated the wider shoulder will make it a little safer. Ekla indicated they can look into posting signage on the bridge. McMillan asked if the City will be able to see the final design. Edwards stated the aesthetics of this bridge will match the existing Fox Street Bridge and that he will be receiving the final plan design prior to commencement of the project. Council Member Cornick asked if there will be a road closure as part of this project. Ekla stated there will be a full road closure for up to three months but they hope to have it open before school resumes in the fall. Ekla stated as it relates to the Boy Scout bridge project, the bid advertisement should be going out within the next couple of weeks. Demolition work should begin this spring, with substantial completion expected to be done by the fall of this year. Levang asked if there will be an open house. Ekla indicated there has already been an open house for the Boy Scout bridge project. Ekla stated given the scale of the Brown Road Bridge, they did not feel it was necessary for there to be an open house. Ekla stated notification will be given approximately two weeks ahead of time. There were no public comments regarding this item. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6594, a Resolution Supporting Hennepin County's Replacement of the Brown Road Bridge (90622) and Prohibiting Parking On - Street Parking Within the Project Boundaries. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS - None Page 3 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT Public Works Director/City Engineer Edwards reported the Public Works Department has started doing some street sweeping. The seasonal weight restrictions are posted and are being enforced on all the city roads. Edwards stated some force main jetting has commenced, which corresponds with what was done with the sewers last year. The Public Works employees have also been in the process of obtaining their continuing education requirements for water and sewer. *5. WATERTOWN ROAD WITH LONG LAKE DESIGN APPROVAL Levang moved, Printup seconded, to accept the design for Watertown Road and to authorize the solicitation of bids for the project. VOTE: Ayes 5, Nays 0. *6. APPOINTMENT OF 2016 SEASONAL EMPLOYEES Levang moved, Printup seconded, to approve the hiring of the seasonal employees listed in the March 14, 2016, Staff memorandum. VOTE: Ayes 5, Nays 0. *7. LETTER OF SUPPORT FOR HENNEPIN COUNTIES GREENCORPS GRANT Levang moved, Printup seconded, to approve the letter of support for the Hennepin County application for the Minnesota GreenCorps Grant. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT — JON SCHWINGLER, PLANNING COMMISSION REPRESENTATIVE *8. #16-3799 INTEGRITY REMODELING & DESIGN GROUP ON BEHALF OF MATTHEW AND JAMIE HANSON, 2060 SPATES AVENUE, VARIANCES — RESOLUTION NO. 6595 Levang moved, Printup seconded, to adopt RESOLUTION NO., a Resolution Approving Variances from Orono Municipal Zoning Code Sections 78-71(c), 78-305,78-1431, and 78-1436 for the Property Located at 2060 Spates Avenue. VOTE: Ayes 5, Nays 0. 9. ##16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT City Planner Curtis noted the City Council reviewed this application in February for variances and a conditional use permit for grading in order to construct a new home on the currently vacant property. Since that time, the applicant has made modifications to the proposal to address the Council's concern with the encroachment into the side street yard and reducing the encroachment of the footprint. The fence height variance has been withdrawn. Following additional meetings with neighbors, the applicants have provided a further revised plan on Friday, which was emailed to the City Council. Page 4 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) The changes have resulted in the house location being moved further from the lake ten additional feet as well as a modification to the footprint in the side street yard. The applicant modified the stair tower by cutting corners of the rectangular shape to reduce the square footage and massing within the setback. The applicants' revised plans continue to reflect a second driveway_ Curtis stated the Council should consider the applicants' plans and direct Staff to draft a resolution reflecting tonight's decisions for review and adoption at their next meeting. John Winston, 155 Wear Lane North, stated he has been working with the applicant and builder on this project and that in his humble opinion it is a first-class design. Winston stated when he was asked to look at this project, he was impressed by Staff's report. Winston noted Staff is in full support of the plan and has recommended its approval. Winston stated he was also impressed by the Planning Commission's recommendation, which was 6-0 in favor of the project. Winston stated in his experience working on applications, he has always found Staff and the Planning Commission to be very comprehensive, very responsible, and very precise in their recommendations. Winston stated he also had an opportunity to view the hearing the City Council had on this matter a few weeks away. Winston noted most of the comments stayed away from the variance issue and that the concern seemed to be limited to hardcover and setback. Winston stated this application is in compliance with both of those issues. As it relates to the legal issues, Winston stated the applicant is in a great position before the Council tonight since there does not seem to be much opposition to the variances and there is Planning Commission and Staff approval. Winston stated he has personal experience with this builder and that he cited in an e-mail to the Mayor the example of a residence over on Stubbs Bay where the same builder built a home with a circular driveway. Winston stated as he gets older, he finds it is easier to have an easy in and an easy out, which the circular driveway allows. Winston stated in his view that type of driveway is safer for older people to navigate and does not require people to back out onto the road. In addition, it helps to eliminate parking on the street. Winston stated in his view the builder and designer have done a wonderful job making this work on a very narrow lot and that the lot compels the variances. Winston stated the design works for the family and the builder. Tashitaa Tufaa's son stated he attended the Planning Commission meeting approximately two months ago. Tufaa stated at that time he presented his reasons for why his family should be able to move into the Orono community. Tufaa stated in order to accommodate the needs of the Heritage neighborhood, they have given up ten feet of lakeshore, which was difficult for their family to do, and that they have also given up six inches of fencing that was proposed for the safety of his brother. Tufaa stated he hopes the Council approves their revised plan. Tashitaa Tufaa, Applicant, stated he had a chance to speak to the City Council last time and that as a family they would like to move to Orono. Page 5 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) Tufaa stated one of the reasons they would like to move to this lot is to enjoy the lakeshore. Tufaa stated they have listened very carefully to the neighbors and the Council and that they do not want to be greedy or selfish and instead be a part of the community. As a result, they have given up having their house closer to the lake. Tufaa stated he hopes everything will be approved tonight and that he would humbly and respectfully ask that the Council approve his application. Tom Klint, Architect, stated between the last Council meeting and this meeting, the biggest change that was made after speaking with the neighbors was moving the house further away from the lake. Klint stated the neighbors were very concerned about keeping the homes in line so no one's view was restricted, which resulted in them moving the house back to make it more in line with the other homes. Klint stated he physically met with the adjoining homeowner onsite and that he indicated he could live with the house where it is now being proposed. Klint noted the side yard setback encroachment has been reduced and is now at 34.8. Klint stated the house on the corner of Heritage Lane and Shoreline Drive to the north of this property is at 32.8. Klint stated he knows the Council had a hard time at the last meeting giving them a hard number on what the setback should be reduced to and that they arrived at that number, which is less of an encroachment than the neighbor across the street. Sven Gustafson stated if it was reduced any further, the design suffered and the house was no longer functional. Klint stated they also reduced the overall mass that is in the encroachment. The rooflines have been brought down and the house has been shrunk in the area of the encroachment. The footprint has been reduced by 130 square feet, which equates to nearly 4,000 cubic feet of structure that was originally in the side setback. Klint stated they also looked at rotating the house and making it parallel to the lot line. Klint stated what that actually did was make the house encroach upon the side yard setback even further. Gustafson stated they actually modeled the house and redrew the plans with the garage door on the end and a garage door on the side. The decision not to do that was that, number one, the homeowner did not like the look of the house, which was a priority; and number two, and it did not make the situation any better, which led them back to the original design. Klint stated since the original design is not parallel to the lot line, the main view of the property is a little angled and prevents someone from looking straight window to window. Klint indicated they also redesigned the garage doors to be on the Heritage Lake side, which resulted in a lot more asphalt on Heritage Lane and resulted in the garage looking a lot more like a garage at that point when someone drives by it. Klint stated in their view this was a better design in the long run. Klint noted the other concern raised at the last meeting was the size of the house. Klint pointed out that the lot consists of 1.66 acres and that they are allowed to cover 15 percent of the lot by the Zoning Code, which gives them 10,845 square feet. The proposed house print is 4,300 square feet, which is not even half of what would be allowed. The house is also under the maximum building height and way under hardcover restrictions. Klint stated this is a large lot and can accommodate a large house quite well. Page 6 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) The only reason they are asking for the setback is because there are streets on three sides of the property and that by not asking for the setback on Heritage Lane that will result in a house that is taller and fatter and will appear taller and more massive. Klint stated they arrived at the two curb cuts for ease of access to the site. The primary driveway will be Heritage Lane regardless if the two curb cuts are approved. The house and lot design does not allow for the primary driveway to be off of Heritage Drive. Klint stated the two curb cuts will allow the traffic to move through the site rather than backing up onto the road. Gustafson stated he leis the last meeting with the misunderstanding that the objection was to the Heritage Drive and not Heritage Lane. Gustafson stated if there was only one curb cut on Heritage Drive, the design does not work without a 75 to 100 foot sidewalk to the front door. Gustafson indicated cars would also have a difficult time getting around the corner and having a turnaround by the front door. Gustafson stated the one curb cut on Heritage Lane does work but it is not as elegant and requires more asphalt as well as a turnaround. Klint stated another concern that was raised at the last neighborhood meeting was that by having access onto Heritage Lane that would reduce the number of parking spaces available to the residents for on -street parking to access their docks. Klint stated the main concern was that the curb cut on Heritage Lane would eliminate three parking spaces. Klint stated if you assume that there is 20 feet per parking space, the distance from the curb cut to essentially the first parking spot behind the stop sign, there is 340 feet of curb. Given that amount of space, the residents would be able to park up to as many as 17 cars between the curb cut and the stop sign. Klint noted there are 16 lots in the association right now, with two of the lots being empty and two of the lots being located directly across from this property. Klint stated if everyone decided to come and park, there would be enough room for everyone in the association to park on the one side of the street. Klint noted in the past the two curb cuts have been approved by the City Engineer without input from the Council. The new engineer has asked for input from the Council, which is why it is being brought to the Council's attention tonight. Gustafson asked if Staff has received an opinion from the City Engineer or whether he has simply deferred to the Council. Curtis indicated she did ask him if the decision was a Staff decision versus a Council decision and what standards and concerns need to be addressed with the curb cut approval. Curtis stated the Code requires a 100 -foot setback from the corner and other engineering standards be met, such as the curve of the road. Curtis stated the City Engineer generally does not have a concern with one or two curb cuts on a road like this. Gustafson asked if they meet that setback. Curtis stated it is her understanding they have adjusted it to meet the 100 -foot setback on Heritage Drive, Page 7 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL, USE PERMIT (continued) Gustafson commented the Council approved one a while ago that was pretty similar. Curtis noted that was on Shadywood and Crystal Bay Road. Curtis stated it was a corner lot for a detached garage. In that instance the property owner did not have a through connection but had an access to the new detached garage that was approved. Walsh noted it was mentioned that this could potentially be a Staff decision, but when he reads the report, it says that in addition to other variances, a variance to allow a second driveway is needed because City Code only allows one driveway approach per property. Curtis stated the previous Public Works Director interpreted it as a Staff approved variance. Curtis noted it would not be a variance in the zoning code but a variance to Chapter 18. The new City Engineer has decided that that is a decision he would like the Council to make. Klint stated some of the other neighbors' concerns related to construction traffic. Klint noted there is the new development that is happening at the end of Heritage Lane as well as the two empty lots that are now currently for sale. As a result, the neighbors are quite concerned about the amount of development in this neighborhood. Klint indicated they have been in contact with Hennepin County and they will allow temporary access onto Shoreline Drive but will not allow permanent access. That temporary access should alleviate most of the heavy construction traffic and the workers on the house should be able to park on the site. Klint stated they have also removed the request for the 6 -foot tall fence around the perimeter of the property and that they are in the process of developing a landscape plan. Klint stated they will have a fence of some type but that they will not be asking for a variance of any kind for the fence. Gustafson stated the fence also came up during the neighborhood meeting. Gustafson stated of the five neighbors who attended the meeting, two of them had objections to the fence. The neighbor directly across the street had an objection to the fence and Mr. Tufaa indicated he is willing to work with him. McMillan asked if the curb cuts will be 18 feet wide. Klint stated he does not know the exact size. McMillan stated he has 12 on the interior driveway and then 18 at the curb. Klint noted that is for the turning radius. Gustafson commented it is not a hard and fast number. McMillan stated the 18 -foot curb cut is pretty wide and that reducing the width might alleviate some of the concern. McMillan stated the narrower width sometimes leads to some parking problems at times, but that the City prefers the lower key, less urban look. McMillan noted they are not over on hardcover, but that in her view the amount of driveway could be minimized. Page 8 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) McMillan stated now that the house is being moved ten feet further from the lake, it does not appear the driveway will impact the neighbor as much but that she wants to make sure the apron does not cause a lot of runoff. Klint indicated there should not be a lot of runoff from the driveway and that the runoff is more directed towards the lake. Klint indicated they are willing to work with the neighbor on the screening and that they are allowed a 6 -foot fence in that area, which would help block headlights shining onto the neighbor's property. Gustafson stated as it relates to the width of the driveway, the narrowest width they typically go to is 12 feet, which only gives a three-foot flare on each side. Gustafson stated they do not want to make the corner too tight, which would result in people driving on the lawn. McMillan stated she understands the desire for off-street parking but that her concern was with the width of the driveway. McMillan stated the site does allow for quite a bit of movement of cars but that she does not want it to be excessive. Klint stated in their view this was the better scenario since it did not give the appearance of having a parking lot or garage in front. The proposed design gives more of the illustration of a small street running through the property rather than a large patch of asphalt in front of the garage. Cornick stated the walkway leading to the house from the street seems to be redundant. Klint stated the property owner was rather adamant about that and that it is a more pedestrian oriented entrance to the lot rather than just the driveway. Gustafson stated it effectively is a landscaping element and is meant to be welcoming. Levang asked what it will be constructed of. Klint indicated it most likely would be a paver of some sort. Levang stated she understands the point of it being more welcoming for the neighbors. Walsh stated he appreciates Mr. Winston's comments about the Planning Commission and how there has not been any concerns raised about the setback variance. Walsh stated he would like to set the record straight and that he did have issue with a couple of the variances and that the Council did not have agreement on the two curb cuts and the side setback issue. Walsh stated buying a corner lot is not a practical difficulty in most people's eyes since the person knows what they are buying. While the Council did not give a specific number on the setback, Walsh stated he was hoping to see a complete redesign with only one curb cut rather than simply a 3 -foot reduction in the encroachment. Walsh noted Mr. Winston also said that this site compels the need for variances but in his view it does not. Walsh stated if someone wants to put something on a lot that does not fit, then it becomes an issue. Walsh stated he is not adverse to a big house but that the applicant should try to fit the house on the lot without variances. Page 9 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) Walsh stated from the standpoint that there is other construction going on in this neighborhood, this site has to stand on its own, as all sites do, and that he cannot compare it to a house that was built 30 years ago. Walsh commented he could come up with properties that have 50 percent hardcover but that does not mean this lot should have that much, especially when it is a vacant lot. Walsh stated he understands that when they talked about this the last time, the applicant elected to table it rather than have the Council vote on it and likely deny it. Walsh stated nothing has changed really from the original plan except for the three feet in the side setback from Heritage but that it was not a variance issue. Walsh stated he does not see a lot of direction that got changed. Klint noted they originally started with four or five variances and that they have eliminated the fence variance. Klint stated they have reduced the setback encroachment and that there are nonconforming lot issues in addition to the conditional use permit. Klint indicated he is not sure which ones they did not address and that he takes offense when Council Member Walsh says that they did not much change. Klint noted they are unable to change two of the variances due to the nonconforming lot. Walsh noted the Mayor said those variances were a given at the last meeting and that they were not an issue. Walsh stated it was likely the fence was not going to get approved. Klint stated the fence variance has been eliminated but that the conditional use permit is necessary to move a lot of dirt to get a house built on the lot. Klint noted they have reduced the side yard setback. Walsh stated the curb cut also requires Council approval. Gustafson stated after the last Council meeting, they consulted with their client and worked through the issues as best they could. Gustafson stated the design incorporates the elements that are important to their client and the driveway addresses the safety issue of having someone back out onto the road and is consistent with the neighborhood. Gustafson stated in their view the design makes sense. Gustafson noted the conditional use permit was not a major issue at the last meeting and that they have attempted to make the best effort to understand what might be acceptable. Gustafson indicated they looked at the other homes in the neighborhood and attempted to couple that with how much the house could be compressed without completely redesigning it. Gustafson indicated they also attempted to address the location of the garage doors, which did not make the side yard setback any better or worse, and is why the design is the way it is. Gustafson stated he is not sure if they can do anything about the size of the lot, which is what Mr. Winston was probably referring to when he said that the lot compels variances. Gustafson stated building a house that is long and narrow would not be very attractive and that they have attempted to work within the bounds of the setback as much as possible in order to design a house that would be compatible with the other homes in the neighborhood. Council Member Printup asked if the Heritage Lane curb cut is their preference. Page 10 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 4. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARLA-LACES AND CONDITIONAL USE PERMIT (continued) Gustafson stated that is the one that would work if they are only allowed one. Having one curb cut would probably lead to everybody that visits this home parking on Heritage Lane. Gustafson stated having a sidewalk through the yard defeats some of the comments of the neighbors about not having the curb cut on Heritage Lane. Printup stated if there is a more intensive use of the house, given the fact that the house expands in that direction, the driveway on that side will enhance that use and makes him a little uncomfortable about the variance. Printup asked if a variance is being requested on the Heritage Lane side. Curtis pointed out the setback line and the encroachment on the overhead. Printup stated allowing a driveway on that side enhances a more intensified use in an area that should not have any house at all. Gustafson noted the homes across the street both access onto Heritage Lane and that it is likely that any builder that would propose a house on this property would propose that the front door face Heritage Lane. If the front door does not face Heritage Lane, it likely would be confusing to visitors to have to drive past the house to get to the front door. Gustafson stated even if they were to go with an entirely different design, it would still front Heritage Lane. Levang stated in her view they have done a magnanimous job of working with the neighbors by holding multiple neighborhood meetings and that they have done a wonderful job in being flexible and wanting to be good neighbors. Levang stated the fact that there are some constraints with the lot, which is why the City has a variance process and that she is not sure what more anyone could ask of the applicant in being flexible, respectful, and wanting to be good neighbors. Levang stated she does not have any problems with the application and that in her view they have done a wonderful job. Printup asked if County Road 15 will be closed down as part of the Metropolitan Council sewer line project or whether local traffic will be allowed. Loftus stated there will be full access during construction on the Orono side of the project and that she is not sure about the Long Lake side of the project. McMillan stated she appreciates the revision that they have done by pulling it out of the side setback and moving the house back ten feet to accommodate the neighbor. McMillan indicated she is okay with going ahead with a resolution but that she would like the applicant to look a little further into accommodating a driveway apron and incorporating some landscaping for the neighbors. McMillan suggested the applicant consider reducing some of the asphalt for the driveway and also show that enough landscaping can be put in front of the fence. McMillan stated it sounds like the curb cut off of Heritage Lane will be the main entrance and that they should consider reducing the width of the driveway entrance off of Heritage Drive. McMillan commented she looks at that as more of a utility driveway and that in her view it does not need to be 18 feet wide. McMillan stated if that curb cut is reduced, she would be okay with the two curb cuts. Page 11 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) Gustafson stated they would be willing to do some sort of a reduction and that it could possibly be as narrow as 12 feet wide as long as they do some type of sub terrain work to stabilize the soil. McMillan stated a narrower driveway would also look better and less commercial. McMillan stated if Heritage Lane is the main entrance, that driveway should be a little bit wider than the other entrance. --McMillan stated she does have a concern about some of the water running off the west side and then down given the amount of asphalt. Cornick stated based on the comments of the May, he would give Mr. Tufaa the house that he wants and that they should go ahead with it. Levang moved, Cornick seconded, Application No. 16-3803, Stonewood, LLC, on behalf of Tashitna Tufaa,1830 Shoreline Drive, to direct Staff to draft an approval resolution reflecting the changes requested by Mayor McMillan. Walsh stated in his view two curb cuts is not needed or appropriate and that the applicant could reorient the garage without a problem. Walsh stated the applicant has chosen to push the design they want and that he would not agree with the two curb cuts. Walsh indicated he still has issues with the 34 feet when it should be 50 feet and that he also has an issue with hugging the lot line. Walsh stated if the garage were in the front, they would have plenty of room for parking. Walsh noted his car has rear view backup and that it is not necessary for someone to turn around. Walsh stated the applicants have chosen their own orientation, which is their choice to do, but that he does not agree with it. Printup stated the temporary construction access should also be included in the resolution. Gustafson stated the temporary access will be used for the excavation and deliveries. The carpenters and other workers will use the other road. Printup stated he would like to hear more about the curb cut issue and why the new City Engineer interprets the language a different way than how it was interpreted in the past. Curtis stated in the past a homeowner applicant would make a request to the Public Works Director for a curb cut. Curtis stated she cannot really speak to how that process happened but that it was happening at a Staff level. When the City received a couple of inquires last summer about it, Edwards stated he would be more comfortable bringing the issue to the Council. Curtis noted the application on Shadywood was brought before the Council and that a few other applicants opted not to go before the Council to request two curb cuts. Walsh stated two curb cuts will impact the neighborhood more and that it should be brought before the Council. Gustafson stated they asked the question of the former public works director and was told it was not a problem. Page 12 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUF.AA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) Senior Planner Gaffron noted the City has had requests for two curb cuts on private roads as well as public roads in the past and that a number of them have been approved on the private roads, especially in the 2 -acre zone, because they had little impact on the neighborhood. On 50 -foot lots, two curb cuts have been routinely denied. Gaffron stated there are no standards in Chapter 18 or other zoning chapters that provide direction on when Staff should or should not approve those and that it has pretty much been left to the Public Works Director/City Engineer to approve. Walsh noted the City has not received any input from the neighbors yet tonight. McMillan asked if anyone from the public would like to comment on this Melanie Flessner, 1190 Heritage Lane, stated her major concern with the property is the driveway for Heritage Lane and the two curb cuts. Flessner noted the Fox Hill Homeowners Association has maintained that entire easement for over 50 years and that for it to become used as a driveway would not be aesthetically pleasing. Flessner commented it would be a nice, beautiful property for the Tufaa family but that the rest of the neighborhood will get to look at cement. Flessner stated it is likely the trees that are there right now would be removed along with the grass. Flessner noted there has not been any discussion regarding landscaping in that area and that it is a concern. Flessner noted the developer talked about taking the fencing off the table for the time being, which means that the City and neighbors will again be forced to look at it. Flessner stated she got the impression that the house was placed further back so it could accommodate the driveway and that they did not lose any lakeshore. Flessner stated the regulations of the City should be followed and that she is not sure why new homes should need variances. Flessner stated if they go with a higher height, there would not be a need for a side setback variance. McMillan noted the City Council did receive Ms. Flessner's e-mail as well. McMillan asked how many trees would be removed for the curb cut. Gustafson stated it likely will be two. Flessner commented there are more than two trees in that area. Gustafson stated he is talking about the trees in the location of the curb cut. Flessner stated the roots of some of the other trees will likely be cut and eventually die. Tufaa stated they do not want to come into the neighborhood as strangers and that they want to do everything possible that they can to accommodate the neighbors. Tufaa stated they do not want to cut a single tree down if they do not have to. Tufaa indicated he would be willing to replace any trees they cut down. McMillan asked if the curb cut has been identified. Gustafson indicated it has been. Page 13 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) McMillan commented it might be helpful to have some stakes placed in the ground. Gustafson stated if trees are an issue, they can agree to replace as many trees as are removed. Greg Coward, 1950 Heritage Drive, stated he would like Council Member Levang to describe the discussions between the neighbors and the applicant and builder and the reactions of the neighbors. Levang stated everything she has read, including e-mails from Mrs. Charrier, indicate that the developer and applicant came to their house and that they had a great conversation. Levang stated she takes as positive the fact that the house had been moved back ten feet and that she does not take anything there as negative. Coward stated Council Member Levang has misrepresented how the neighbors came away from those meetings. Levang noted she is only responding to what she has read. Coward stated she has completely misunderstood it. Levang stated there was nothing inflammatory or negative in anything that she has read. Coward noted his wife attended two of those meetings and that what Council Member Levang said completely misrepresents the nature of the discussions. Coward stated Council Member Levang is trying to put lipstick on it to justify her vote. Levang commented she was responding to what she read. Connie Castaway, Orono, stated she has worked with Mr. Tufaa and his family and that she has attended all of the neighborhood meetings. Castaway not Mrs. Coward was there, expressed some concerns, and that they attempted to work with everyone and accommodate their requests. Castaway indicated she has not seen Mr. Coward at any of those meetings, nor has he attempted to reach out to them. Castaway stated she does not know what he is talking about but that she apologizes if there was a misunderstanding. (City Attorney Mattick arrives at 8:17 p.m.) Kelly Rische 1180 Heritage Lane, stated staking out the curb cut would be very helpful and that she has a concern if the driveway is located directly across from their residence. Rische stated while the fence variance is no longer being requested, she is still worried about its appearance and this property having a gated entrance, which would then require monuments and be out of character with the rest of the neighborhood. Dennis Libby, 1000 Heritage Lane, stated his recollection very clearly from the last meeting was that there would be a different design based on the recommendation of the City Council and Staff. Page 14 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) Libby stated part of the reason he attends these meetings is for the other 16 property owners that are in this neighborhood. Libby stated one of the intrinsic values to this neighborhood is the fact that the residents can use the docks and park on the street. The majority of the residents have historically used the parking along the west side of Heritage Lane for many decades. Libby noted there is an addition in the amended plan that he was not aware of regarding the driveway alignment. Libby stated that was not what they had discussed at the last meeting and that the alternative that was suggested was based on a statutory compliance that there must be an egress or turnaround, which has been in effect since 1986. Libby stated he does not see any effort to revise the driveway. Libby noted he asked the developer if they had taken any method of design or consideration for a different type of turnaround or roundabout and he said no because they did not have a requirement to explore a different design. The developer stated they are entitled to the right to use Heritage Lane as a second egress and that it would be prohibited by law to enforce or to prohibit them from having that curb cut. Libby stated he was not able to respond to that because he is not an attorney but that perhaps the City Attorney could respond to that. Libby stated traditionally 16 homeowners, with the future development of two lots, have been using this area to park in order to bring provisions and family and guests to use their boats. As a result of the curb cut and turning radius, they will not only be deprived of one parking lot but actually two parking spots in each direction. Libby stated that deprives the residents of Fox Hill to park there and that in reality they will lose about 12 parking spaces total. Libby stated the residents will also have to put up with construction for the next five years, which will be a major inconvenience. Libby stated while the residents and the Council respect the property rights of every individual, the Council cannot do that as a governing body at the cost and inconvenience of the many over the good of the few, which is also stated in the City's Charter. Libby stated until future research is done and the City Attorney determines there are legal provisions that give the Tufaa's the right to have the two curb cuts, the Council should not move forward with this application. McMillan noted the 16 docks is an outlot situation and that one of the reason why Orono stopped having outlots is because all the cars have to congregate in that area in order to use them. McMillan stated other cities around the lake allow outlots but that Orono is probably the strictest city regarding outlots. McMillan asked how many outlots the City has. Gaffron stated to his knowledge the City issues 12 or 14 joint use dock licenses per year. Gaffron stated this situation is relatively unique compared to the rest of them since many of those do not have a need for parking and most of the residents can walk to their docks. Page 15 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #103803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) McMillan stated outlots will cause problems to the surrounding neighbors to an outlot because they have to accommodate the boat owners. McMillan stated the Fox Hill Homeowners Association is there for the 16 dock owners but that it is not for all the homeowners in the area. McMillan commented it is a very special, unique situation and something that a lot of people who do not live on the lake would love to have. McMillan noted she worked with the Fox Hill neighborhood back in the 1990s when she was on the LMCD Board. At that time the neighborhood lost three slips and they were down to 13 slips. McMillan stated she worked hard with Mike Gaffron to get those three slips back and that it is a very special situation, which can cause problems at times. McMillan commented she hopes the residents appreciate it but that it does create some difficulties with parking. Matt Mithun, 1160 Heritage Lane, asked if the County or City could grant permanent access off of County Road 15. Gaffron noted County Road 15 is a county road and that the City would not be able to grant permanent access off of that road. Gaffron stated typically Hennepin County will not approve permanent access onto a county road if an alternate access is available and that it is a safety issue. Flessner asked if Orono has asked Hennepin County about the ability to use the driveway on a permanent basis. Flessner asked why the City would not support the applicant getting a driveway onto County Road 15. Walsh noted the letter on the overhead is the temporary access letter received from the County McMillan stated County Road 15 has a lot of traffic on it and that the City and County attempt to make it as safe as possible. McMillan noted the County and City would prefer Heritage Lane to be the central gathering spot for cars that are going onto County Road 15 and that nobody wants to look towards the lake and see a driveway if they do not have to. Flessner noted there was a driveway there in the past. McMillan noted County Road 15 has seen a substantial increase in the amount of traffic on the road since that house was originally built. Flessner stated years ago the County wanted to put a light at County Roads 15 and 51 to help improve the flow of traffic but that the people in Mound fought it and the County backed off on it. The County also wanted to shut down Heritage Lane and have the access through Heritage Drive, which would have been okay in some respects, but it did not happen. Flessner stated it always is the public expressing their views and the elective body taking it under advisement. Flessner stated there have been a lot of people here tonight explaining their concerns and that she hopes the City Council takes that into consideration in their decision. Page 16 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA,1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) Flessner stated Orono is famous for granting variances for every little thing that comes up, which makes it difficult for the people who have lived there for many years. Flessner stated if you start adding up the value of these 16 properties, it is huge and is greater than what is being proposed for this corner lot. McMillan noted Hennepin County wanted to make County Road 15 four lanes and the City fought against that back in the 1990s. McMillan commented she cannot imagine what a four lane road would have done to the area. McMillan stated a lot of ideas have been discussed about County Road 15 over the years and that the City has worked closely with the County on those ideas. McMillan stated citizens do have a lot of input and that a number of citizens do not want stoplights on County Road 15. As a result of that, the residents have to deal with what is there today. Printup asked Mr. Winston to touch on the legal points that he mentioned he had now that the City Attorney is present. John Winston stated his observation of the last meeting was that the Council was more concerned about matters such as setback, hardcover, and the driveway but did not seem to touch on the variances that were being requested. Winston stated from a technical standpoint, the record did not seem to have anything in it denying the variances and that it seemed like the variances were a factor of the size of the lot and the width of the lot, which the homeowner does not have any control over. Winston stated from a legal standpoint, it seemed to him that they had that covered that and that the applicant has lessened the encroachment until the setback since that time. Winston stated there did not seem to be anything in the record that the Council would deny those variance. Winston stated from his personal observation, the site seems to work extremely well from a safety standpoint in that people would not have to back out into the street. Winston stated his car does not have a backup camera and that it is a safety concern. The proposed design takes parking off the street. Winston stated when he comes to that site, he is more likely to park onsite when there is a circular driveway. Not having the two curb cuts would exacerbate the situation. Winston stated he is familiar with this builder's work and that he has seen a number of homes he has handled. Winston stated he would like the neighbors understand that what will be constructed here will be a nice looking building and that the Tufaa's have hired a first-class builder. Winston commented he would be lucky to have this home in his neighborhood and that he would like to assure the neighbors that the builder constructs quality homes and it will be landscaped. Winston reiterated he did not see anything in the prior record that would support a denial of this application and that they have done their best to make this design the very best for the lot. Walsh stated in his view Mr. Winston was watching another year's video because the Council did have issues with the curb cuts and that they did not see that as a practical difficulty since the property owner knew he was buying a corner lot. Walsh indicated he raised issues with the setback and that due to those issues he asked that it be redesigned. Walsh stated he wants to set the facts straight and that he did have an issue with the practical difficulties since they knew they were buying a corner lot. Page 17 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continued) City Attorney Mattick stated he understands where Mr. Winston is coming from in terms of establishing a practical difficulty, but that in an application like this, there are a number of factors that need to be taken into consideration. Mattick stated if there are thingg in the Council's opinion that should be looked at, those are appropriate to consider. Mattick stated there was a lot of discussion about the driveway hardcover but that he does not believe a hardcover variance is at play in this application. Mattick stated where the driveway is located and how much hardcover exists may come into play when discussing other variances. Mattick asked if a variance is required for the driveway or the second curb cut. Gaffron stated the driveway situation is not a zoning issue but a Chapter 18 streets issue and is not subject to the practical difficulty analysis specifically. Printup asked if a condition could be that a curb cut be removed as part of the side street setback variance. Mattick stated as long as they still have access, the Council could deny the second curb cut. Mattick stated whether there are two accesses or not is up to the City Council. Mattick noted the County does control the right-of-way and that the County wants people to use the local roads for access whenever possible. Mattick stated he does understand the desire to take it off of the local road to preserve some of the parking but that he would envision the County denying that. Walsh stated he would agree with that and that there should be as few curb cuts on any main artery road as possible. McMillan stated it is part of the Council's job to make sure the roads are safer. Printup requested the motion be amended to require the second curb cub onto Heritage Lane be eliminated if a variance is granted for the side street setback and that the access be onto Heritage Drive. Levang indicated she would not accept that amendment. McMillan stated they could make a motion to that effect. Walsh stated he would second Council Member Printup's motion so it can be voted on. Printup moved, Walsh seconded, Application No. 16-3803, Stonewood, LLC, on behalf of Tashitaa Tufaa,1830 Shoreline Drive, to amend the motion to deny the second curb cut onto Heritage Lane as a condition of the side street setback variance. McMillan stated they would be voting on whether to amend the motion to deny the curb cut on Heritage Lane. Page 18 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 9. #16-3803 STONEWOOD, LLC, ON BEHALF OF TASHITAA TUFAA, 1830 SHORELINE DRIVE, VARIANCES AND CONDITIONAL USE PERMIT (continuer) Mattick noted the original motion would have allowed two access points and that the proposed amendment is saying to not allow the Heritage Lane access. Mattick stated the Council would be voting on whether the motion should be amended as proposed by Council Member Printup. Mattick stated if the amendment passes, then the amendment attaches to the original motion. VOTE ON AMENDMENT: Ayes 2, Nays 3, McMillan, Cornick and Levang opposed. McMillan noted if the original motion passes, a resolution would come before the City Council, and that she would like to have the Heritage Lane curb cut staked prior to the next Council meeting. The City Council voted on the following motion: Levang moved, Cornick seconded, Application No. 16-3803, Stonewood, LLC, on behalf of Tashitna Tufaa,1830 Shoreline Drive, to direct Staff to draft an approval resolution reflecting the changes requested by Mayor McMillan. VOTE: Ayes 3, Nays 2, Walsh and Printup opposed. *10. #16-3805 JOHN ADAMS ON BEHALF OF NORTH SHORE MEADOWS, LLC, 2455 NORTH SHORE DRIVE, VARIANCES — RESOLUTION NO. 6596 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6596 , a Resolution Declaring that the Property Located at 2455 North Shore Drive Shall be Considered as a Standard Lot for Zoning Administration Purposes. VOTE: Ayes 5, Nays *11. #16-3806 PILLAR HOMES ON BEHALF OF MIKE LADD AND CAROL STAINBROCK, 660 TONKAWA ROAD, VARIANCES — RESOLUTION NO. 6597 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6597 a Resolution Approving Variances from Municipal Zoning Code Sections 78-330 and 78-1279, for the property located at 660 Tonkawa Road. VOTE: Ayes 5, Nays 0. 12. #16-3807 ESTATE DEVELOPMENT GROUP ON BEHALF OF SCOTT FREDRIKSEN, 425 AND 595 OLD CRYSTAL BAY ROAD NORTH, AND PID 33-118-23-24-0002, REZONING TO RESIDENTIAL PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT AND COMPREHENSIVE PLAN AMENDMENT Gaffron noted the Council has seen this as a sketch plan three previous times and that the current proposal is similar to what was before the Council in December. The applicant is proposing 39 single-family lots on a lot that consists of approximately 12.5 acres of dry buildable. The result is a density of approximately three units per acre. Page 29 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 12. #f16-3807 ESTATE DEVELOPMENT GROUP ON BEHALF OF SCOTT FREDRIKSEN, 425 AND 595 OLD CRYSTAL BAY ROAD NORTH, AND PID 33-118-23-24-0002, REZONING TO RESIDENTIAL PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT AND COMPREHENSIVE PLAN AMENDMENT (continued) Gaffron stated the application consists of three parts: Amendment of the Comprehensive Plan to allow development of the property at a density of approximately three units per acre for this property which is guided in the CMP at a density of 7-10 units per acre; 2. Preliminary plat approval for the 39 -lot development; Rezoning from the current RR -1B to a Residential Planned Unit Development. The Planning Commission and Park Commission reviewed the application recently. The Planning Commission recommended approval with a number of conditions that are outlined in Staff's memo. The Park Commission did not feel the need for a park within the property, nor a new trail along the perimeter of the parking, and recommended a park dedication fee, as did the Planning Commission. As it relates to the Comprehensive Plan Amendment, under the current guiding, there would need to be 88 units on this property. Gaffron stated the only way to accomplish that would be with multi -family buildings rather than single-family homes. The applicants have suggested that that does not seem appropriate for the area. The Council should consider the following questions: Should the City be striving for more density or less density at this location? 2. Is the single-family concept right for this area? Does it match the City's goals in terms of housing type and density? 3. Is there a significant difference in visual impact from off-site of a row of minimally -separated single family homes versus groups of attached townhomes versus large condo/apartment buildings? 4. Will the City benefit from this type of development? Should the entire property be developed in this matter or should this site incorporate a multi -family element? Based on Staff discussions with Metropolitan Council representatives, re -guiding of the site for less density will ultimately require that the City find additional lands to re -guide for higher density. Staff believes that based on in-house calculations, this proposed development will place the City near the overall 3.0 units per acre threshold. It is possible that this proposed development will trigger Metropolitan Council to withhold approval of the required Comprehensive Plan amendment pending a companion re -guiding of other properties for higher density. A pending application for lower -than -guided density on the nearby Eisinger property is very likely to trigger that requirement. The City Council should be prepared to consider what other properties in Orono could be re -guided for higher density. Page 20 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 12. #16-3807 ESTATE DEVELOPMENT GROUP ON BEHALF OF SCOTT FREDRIKSEN, 425 AND 595 OLD CRYSTAL BAY ROAD NORTH, AND PID 33-118-23-24-0002, REZONING TO RESIDENTIAL PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT AND COMPREHENSIVE PLAN AMENDMENT (continued) As it relates to the rezoning of the property, Staff and the Planning Commission have concluded that RPUD is the appropriate rezoning option for this development and appears to be the only viable option for development of this parcel in the manner proposed by the applicants. Gaffron noted Staffs report contains a number of questions relating to the development and the recommendations of the Planning Commission. The developer has agreed to two access points onto Old Crystal Bay Road so there can be cul-de-sacs that do not exceed the City's restrictions. Gaffron noted there is no access onto Old Highway 12 currently but there may be one in the future if the Dumas property develops, which would be located further west. Gaffron stated this property to the intersection of Wayzata Boulevard is too close to have another access onto Old Highway 12 or Wayzata Boulevard. The developer has shown the roads extending to the lot line to the west with the idea in the future that the road to the Dumas property will be extended. The plan shows some temporary cul-de-sacs, which are expected to be built, but those cul-de-sacs could be removed if the road continues at some point. Staff has recommended at the end of the road that there be some sort of barrier and signage alerting the residents to the fact that the road may be extended at some point. In addition, the applicants are proposing to eliminate a very small wetland that is located at the north entrance. The wetland is a low quality wetland and is one that is right where the access has to be across from the accesses to the industrial park. The applicants are proposing to mitigate it offsite with wetland credits and are working with the Minnehaha Creek Watershed District. There will be a wetland buffer for the other wetland as well as three areas of stormwater management. Gaffron stated one of the questions that came up during the Planning Commission meeting was the separation between the proposed buildings. The recommendation was to make it a 7.5 -foot setback on each side where there is a 5 -foot against a 10 -foot. Other setbacks between buildings throughout the development are 15 feet and 20 feet, which results in a variety of setback differences. The proposed development shows a sidewalk on one side of the public road continuing to the cul-de-sac and then up to the intersection. The intersection has stripped crosswalks on all four sides, with a public trail extending down the east side of Old Crystal Bay Road all the way down to the Luce Line. The Planning Commission questioned whether there should be a connection with a sidewalk and then a crossing point so there is an alternate for crossing Old Crystal Bay Road. After discussing the matter, both the applicant and the Planning Commission felt a mid -block crossing was not necessary and would likely create issues. Gaffron stated the Council should discuss the application, and based on Council direction, Staff will put together either an approval or denial resolution for Comprehensive Plan Amendment. Gaffron noted the rezoning would not occur until final plat approval. Tom Gonyea, Estate Development, stated he hopes they have come up with a plan that is reflective of the Council's and Planning Commission's direction. Page 21 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 12. #16-3807 ESTATE DEVELOPMENT GROUP ON BEHALF OF SCOTT FREDRIKSEN, 425 AND 595 OLD CRYSTAL BAY ROAD NORTH, AND PID 33-118-23-24-0002, REZONING TO RESIDENTIAL PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT AND COMPREHENSIVE PLAN AMENDMENT (continued) Gonyea stated as it relates to the 7.5 foot setback, that issue was raised during the Planning Commission meeting. Gonyea indicated they are able to make it a 7.5 foot setback between most of the buildings but not in all situations depending on the easement. Gonyea stated he will need to work further with Staff on a few of the spots to determine whether there are any utilities located in those areas. Gonyea stated in his view it is a good solution if the Council would like to see that. McMillan asked if he is comfortable with his plans given the high water table in this area. Gonyea stated they have completed some testing and that they are aware of where the water table is. Gonyea indicated he does not have any concerns with the water table and that he has built on sites like this before. Gonyea stated they are very careful about keeping it above the flood elevation and that the old borings and new borings both match up. Gonyea stated they are basing their plans on Braun's recommendations. '_McMillan asked if the basements would be waterproofed. Gonyea indicated they would be. McMillan asked if the driveways will be sloped quite a bit since the house pads will be built up. Gonyea stated the driveways will have a fairly normal grade. Gonyea stated given the heavy soils and the water table, the houses will need to be raised up a little bit. Gonyea noted the lots shown in light green have 15 feet between the homes, the lots in blue have a little more than that on one side, and the lots shown in pink have 20 feet between the homes due to a storm sewer. Gonyea noted they do have a few areas like that where they will struggle with having the 15 and 15 and that it might be necessary to have five and five and ten and ten. Gonyea indicated they will have to work with Staff on those, but that they are open to making the setbacks 7.5 feet on either side of the house wherever possible. Gonyea stated the corner lots will have ten feet on the sides. Walsh stated he likes the sidewalks and the 32 -foot width on the road. Walsh stated in his view it makes it more livable and safer. Walsh commented he also likes the slightly larger setback at 7.5 feet rather than the 5 feet. Printup stated in his view there should be an easement given along Old Highway for a possible future trail. Printup stated sidewalks internally are a good idea and that creating an easement along Old Highway 12 going westward would be helpful as well since the City is not sure what is going to happen on the Eisinger and Dumas properties. McMillan asked if there is already an easement that could be used. Page 22 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock pan. 12. #16-3507 ESTATE DEVELOPMENT GROUP ON BEHALF OF SCOTT FREDRIKSEN, 425 AND 595 OLD CRYSTAL BAY ROAD NORTH, AND PID 33-11$-23-24-0002, REZONING TO RESIDENTIAL PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT AND COMPREHENSIVE PLAN AMENDMENT (continued) Gaffron pointed out the edge of the property and the center line. Gaffron stated there appears to be approximately 50 feet. Gonyea noted there is a 50 -foot setback from Old Highway 12 and that some drainage will have to happen in that area but that it is a pretty wide corridor. McMillan stated the wetland does not start until after the Eisinger property and that there could possibly be a trail in that area. Printup stated it could start at the corner of Old Crystal Bay Road and go westward. Walsh stated the easement might not be used but that there should be one given since no one really knows what is going to happen to the Dumas and the Eisinger properties in the future. Gonyea asked how much right-of-way there is on Old Highway 12. Gaffron indicated he is not sure. Gaffron asked if that easement would impact the setbacks. McMillan suggested Staff look into that a little more. Gaffron stated the question is how much additional right-of-way may be necessary and whether trees can be placed in that area if there is an easement. Gaffron stated they might be able to put a trail within the right-of-way but that there will also be a berm in that area as well as utilities. Gonyea stated they would be happy to work with the City Engineer on that. McMillan asked if having the varying setbacks would add some more diversity. Gonyea stated he is an advocate of going with the 7.5 feet and that it is probably an easier way to do it. Gonyea noted some of the house plans will have jogs in different spots and that there will be some variety that way. Gonyea stated with a 5 -foot setback, it is a tight space to work in, but that he is willing to do whatever the Council wants. McMillan asked if they have given any thought about reducing the size of the house in order to have a wider setback. Gonyea stated that would be difficult. Gonyea noted some of the lots will have two -car garages with a tandem on one side. Gonyea indicated it would be tough to commit to having smaller homes. McMillan stated she can understand having some of the lots a little tighter up by the street given the wider back yards. Page 23 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 12. #16-3807 ESTATE DEVELOPMENT GROUP ON BEHALF OF SCOTT FREDRIKSEN, 425 AND 595 OLD CRYSTAL BAY ROAD NORTH, AND PID 33-118-23-24-0002, REZONING TO RESIDENTIAL PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT AND COMPREHENSIVE PLAN AMENDMENT (continued) Ian Peterson, David Weekly Homes, stated the first two pages of the handout are traditional two-story plans. Peterson indicated they have been doing quite a few homes with the master bedroom on the main floor. Some of the plans offer a three -car garage or a two -car garage with a tandem. Peterson stated towards the back is a new plan for a rambler that is approximately 2,400 square feet. The final pages have the 35 -foot wide product for the five lots. Peterson indicated those homes will have 2,400 square feet without a finished basement. The two-story has 2,650 square feet on the first story and 3,300 square feet is the largest option. All the homes will have Pella windows, 10 -foot first floor ceilings, and 9 -foot basement ceilings. Peterson stated as it relates to waterproofing the basements, whenever they get into heavy clay type soils, they always put a rubber dimple mat on the outside of the foundations instead of just a spray, which helps from the water perspective. The driveway slopes are usually 2.5 percent, with the maximum being 7.5 to 8 percent. Gaffron noted there is an expectation that a significant amount of fill will occur throughout the site, especially where the roads are, in order to create the walkouts. Peterson stated on the wetland side of the site those homes will be full basement lots. On the walkout lots, those homes with come with a Trex deck, which is a maintenance -free material to keep the deck looking good. The full basement homes will also come with some sort of paver patio. Cornick asked if any of their developments have street lighting. Peterson indicated they typically do and that it is usually run by the City or the electric company. Peterson stated he is not sure how streetlights are done in Orono, but that they can work with Public Works on that. McMillan asked if the City should be worried about people requesting side yard setbacks in the future. Gaffron stated pretty restrictive language can be written into the rezoning documents. Gaffron stated in the Stone Bay development, there are a number of common areas and in order for any additions to happen in the future, there would need to be a re -platting. McMillan asked if there any desire to put any additional landscaping between this property and the Dumas house on the northwest edge. Gaffron displayed the landscape plan showing the berm and the additional trees that will be planted. Gaffron stated between the boundary of the houses and the property line is about 10 to 15 feet and that additional screening may need to be on the next property. Page 24 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 12. #16-3807 ESTATE DEVELOPMENT GROUP ON BEHALF OF SCOTT FREDRIKSEN, 425 AND 595 OLD CRYSTAL BAY ROAD NORTH, AND PID 33-118-23-24-0002, REZONING TO RESIDENTIAL PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT AND COMPREHENSIVE PLAN AMENDMENT (continued) Gonyea stated if the Dumas family would like to see some additional screening, they would be happy to do that. Gonyea stated if the Dumas family would also want to keep the driveway there, that is not a problem, but that he would suggest not putting any trees where the road could be extended someday. Walsh moved, Printup seconded, Application No. 16-3807, Estate Development Group on behalf of Scott Fredriksen, 425 and 594 Old Crystal Bay Road North and PID 33-118-23-24-0002, directing Staff to draft approval resolutions for a comprehensive plan amendment and preliminary plat approval, subject to Staff recommendations. VOTE: Ayes 5, Nays 0. 13. #15-3759 CITY OF ORONO TEXT AMENDMENT: SHORT-TERM (VACATION) RENTALS ORDINANCE Barnhart stated the Planning Commission has reviewed the text amendment intended to address the growing issue of short-term rentals. In most communities larger than Orono, the issue has been centered on taxing the motel and hotel industry as well as a safety aspect in terms of people renting houses that may not be suitable for rental. Barnhart stated Orono has not necessarily encountered those issues, but last summer the Council directed Staff to review potential changes to the ordinance. Last summer Staff sent out letters to property owners letting them know that the City is aware they are renting their homes out, and while they are not currently regulated, to remember that they are in a residential neighborhood and they should be aware of the impacts to the neighbors. Barnhart indicated the letter seemed to work. Staff identified approximately 12 properties that are being rented out. The City received some comments from neighbors stating that different homes were being rented out but it turned out that those people actually live there but just have a different lifestyle than what most people might be used to. The Planning Commission held a listening session in February and learned that some of the people who rent their homes out are simply renting a room. The Planning Commission also learned that those folks are stricter than what the draft ordinance was drafted to be. The Planning Commission took that into consideration and ramped down the draft ordinance. One of the earlier drafts prohibited short-term rentals less than 30 days and the initial version had 20 different criteria associated with the rentals. At the last Planning Commission meeting, they indicated that they do not want to add on to the City's already existing regulations and did not feel the City has to add more noise regulations since the City already has a noise ordinance as well as a parking ordinance that would address some of the concerns. The draft ordinance that is before the Council tonight requires a license that has approximately six different criteria that are intended to identify who is renting the property and then inform the City so the City can respond more quickly to complaints. Barnhart noted the City has not received a lot of feedback during this process and no requests have been made that it be prohibited outright. Page 25 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 13. #15-3754 CITY OF ORONO TEXT AMENDMENT: SHORT-TERM (VACATION) RENTALS ORDINANCE (continued) Staff recommends approval of the ordinance as drafted but are open to any suggestions the City Council feel are necessary. Don Knutson, 3225 Lafayette Ridge Court, stated he is absolutely opposed to restrictions on people being able to rent their home and that they have the right to do that. Knutson indicated he is, however, opposed to the term short-term and that he is not sure what that term means. Knutson noted Staff talked about how the City reached out to those people who were renting as well as their neighbors but that he does not believe the general community has had the opportunity to express their concerns about the draft ordinance. Knutson indicated he is here to do that because it does affect the neighbors and who is coming and going into the community. Knutson stated he would like the City Council to think about when they bought their homes and ask themselves if they would have bought the home if they knew there was a motel next to it. Knutson questioned what happens to someone's property values when there are people coming and going at different hours of the night in a quiet neighborhood. Knutson stated in his view people should be able to rent their homes but that there should be a time limit. Knutson stated instead of two or three days, it should be at least 30 days. That will help stabilize the neighborhood and help the adjoining property owners. Knutson stated he is asking the Council to consider the adjoining homeowners and how they are affected when discussing this ordinance. Knutson stated the Planning Commission has done an excellent job of considering the draft ordinance and that they addressed noise concerns, the need for a 24-hour notification, and how the home cannot be used for parties or weddings. Knutson noted they did not address birthday parties and other celebrations. Knutson stated they have had some birthday parties at Lafayette Club that have shot off fireworks at 10:00 at night. Knutson stated parking is also an issue and that he has a neighbor who has rented and that there was a parking problem. Knutson stated the ordinance also does not consider the security of the neighborhood. Knutson indicated he has grandchildren that visit him periodically and that there are different people coming and going at the rental house. Knutson stated in his view short-term is 30 days and that he is also a little confused because he has seen in a couple of places two days, three days, and in some places it used language regarding any person who rents their property for a period of less than 30 days. Knutson stated he also is confused as to the age concept and that he would not be comfortable if the City says the person can be 18 years old and rent a house out for three or four days. Knutson stated he would ask the City Council to reconsider the length of time and the age of the renter. Knutson stated he would ask the Council to reconsider the 30 days. Knutson read an article from the Star Tribune regarding the City of Eagan and the issues some of the residents have been facing. Knutson stated if two or three day rentals are allowed, they could easily have three different people or families living there. Page 26 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. B. ##15-3759 CITY OF ORONO TEXT AMENDMENT: SHORT-TERM (VACATION) RENTALS ORDINANCE (continued) McMillan asked if his neighbor always rents her house out. Knutson indicated it has not been and that the lady has been attempting to sell her house, which has not been successful. Knutson stated until it sells, she has been renting the house to supplement her income. Knutson stated he will provide two examples of people that have lived there. One was a family of five, with two teenage daughters, and dogs. The two teenage daughters would have parties when their mom and dad left. Knutson stated their hot tub is closer than he is to the Council right now and is close to his bedroom. Knutson stated it was very inconvenient and disruptive. The other example was a lady who moved in for six months. Knutson stated she owned a small dog and then left the dog outside when it was ten degrees outside for hours and the dog would bark almost nonstop. Knutson indicated his wife had to go over and pound on the door and say it was minus ten degrees outside and that she should take care of her dog. Knutson stated someone should not leave a dog that is that small outside in that kind of weather for that length of time. McMillan noted under the current draft, both of those examples would have qualified for short-term rentals. Knutson stated he is concerned when the length of time gets down to two to three days. Dave Jamieson, 3285 Layfette Ridge, stated he lives across the street from the rental house. Jamieson stated the main thing is that they all have grandchildren that visit, and when you have somebody staying for six months, the neighbors at least get to know them, but if you have somebody coming in for a week at a time, they are not sure what they are getting. Jamieson stated he finds it to be a little bit of a security issue and that the dog barking was a real pain. Printup stated the comments are one of the reasons the City Council looked into this issue. McMillan noted the City is talking about licensing short-term rentals, which may encourage more people to do it once it becomes legitimate. Walsh asked what could happen if the City does license these and then the renters do whatever they want anyway. Mattick indicated the people can be criminally prosecuted. Mattick noted proving they are renting is difficult and that they would have to rely on planning staff to be a criminal investigator, which does not always work. Walsh stated given the reluctance of this Council to prosecute other issues, he would have a concern that the City is not going to uphold this ordinance as well. Walsh stated in his view requiring a license and having contact information is important, but that he is a little conflicted on the 21 versus 18. Walsh stated in his view reiterating things in the code is good but that he is conflicted on the enforcement part. Page 27 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 13. #15-3759 CITY OF ORONO TEXT AMENDMENT: SHORT-TERM (VACATION) RENTALS ORDINANCE (continued) Walsh noted there is language in the draft ordinance about parties, which raises the question of what would constitute a party. Walsh indicated he would be in agreement with the 24-hour emergency contact requirement in case the City needs to get ahold of someone. McMillan stated on her street they had some problems with a long-term rental, which was 18 months, and that the renters were selling drugs out of the house. McMillan indicated they also had problems with another long-term rental in their neighborhood who allowed his dogs to run loose. McMillan indicated the neighborhood had problems with noise and lights being left on all night. McMillan stated in general rentals can create issues, especially when the property owner is not onsite. McMillan stated she realizes there are some websites that lets someone rent a room and the homeowner is onsite, but that it is basically turning a residential home into a commercial/residential property. McMillan concurred that an emergency contact number should be required regardless if it rented out for two days or two years, but noted that Staff will not be available on the weekends. McMillan commented she is hesitant about regulating short-term rentals, and that if the City chooses to regulate them, it is best if the ordinance is not too specific since each situation is different. Walsh noted the City of Crystal requires an annual license, with an annual inspection by the city inspector, and that they require all code violations to be brought up to speed. Walsh stated he understands the issues with rentals, and if this is opened up, the City should do all that rather than piecemeal it. Printup commented he likes the inspection requirement. McMillan stated it requires a lot more paperwork on the part of the City to do that and can be expensive. Levang noted she attended the Planning Commission listening session and that there were a couple of people in attendance who were renting a house that was not their primary residence so they could continue to own the property. There were others that did it as a bed and breakfast and were onsite, with the renters staying different amounts of time. Levang stated the problem is how to deal with all these different permutations and come up with a solution that covers them all. Levang stated she understands what Mr. Knutson was saying about having three different families in one week and that seems to be a little much for the neighbors to have to put up with. Levang stated the Council will need to decide if they are okay with six months or 30 days. Levang stated of the people who came to the listening session, many indicated they did prescreening and then had a very extensive list of the requirements that had to be followed. Levang stated the folks who were in contact with the City took very good care of their property. Knutson commented he agrees with what Council Member Levang is saying but that they have to take into consideration the people that live around that house and that he is not sure there has been much consideration given to the neighbors. Page 28 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 13. #15-3759 CITY OF ORONO TEXT AMENDMENT: SHORT-TERM (VACATION) RENTALS ORDINANCE (continued) Knutson, stated if rentals are allowed for two or three days at a time, it can become a motel, which does not help his property value. Knutson stated the City should require at least 30 days of rental and that he is asking for it to be changed from two or three days to 30 days. Levang stated at the listening session she wanted to hear from adjacent neighbors, which did not happen, and that the City Council does need to hear from both sides. Loftus noted the City of Greenwood has criteria that require all rentals to be a minimum of 30 days. Barnhart stated Greenwood in essence prohibits short-term rentals that are less than 30 days. Barnhart noted Orono cannot do anything to prohibit renting for long-term, and that the purpose of the ordinance is to balance the goals of the property owner to use their property in a manner that does not negatively impact the neighbors. Barnhart stated this is similar to the discussion a number of cities had regarding home occupations and bed and breakfast places. The Planning Commission felt the City has enough regulations and should not add to them. Barnhart noted under the draft ordinance the City would be relying on people to call in and complain. Knutson noted the ordinance reads that it is intended to prevent nightly, rapid turnover of rental properties. Barnhart stated earlier in the process there were two parallel ordinances. One prohibited short-term rentals and the other regulated them. Barnhart stated the concern with this type of rental is the rapid turnover, and that idea, even with a longer-term rental, is that the situation will not be too offensive. Barnhart stated with a rental of only two or three days, a person tends not to be as careful about whether they are being offensive, and that in his view this ordinance provides some responsiveness. Walsh asked if there is any case law that says property rights are being taken away if rentals less than 30 days are not allowed. Mattick stated he is not aware of any case law specific to that example. Mattick stated the general issue of rental is being litigated more and more around the context of a city's ability to inspect the home and whether cities can regulate it at all. Mattick stated the issue that was described here with five people living in the home is that it looks a lot like a family that could own the home. Mattick stated the offensive issues have nothing to do with it being used as residential but rather what the renters are doing while they are staying there. Mattick noted the same type of conduct could come from someone who owns the home. Generally the courts are saying from a zoning perspective, the property is zoned residential, and that there is a difference between owning the home and renting it. Walsh asked if he could obtain more information on litigation regarding this matter. Walsh indicated he would like to have that information so the City is not passing an ordinance blindly without knowing how it can be enforced. Page 29 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. 13. #15-3759 CITY OF ORONO TEXT AMENDMENT: SHORT-TERM (VACATION) RENTALS ORDINANCE (continued) McMillan suggested the City Attorney also check with Greenwood. Knutson stated he is only asking for the Council to consider the length of the rental and that in his view he is not asking for anything that is unreasonable. Walsh stated the Council agrees with him but that he wants to find out more information about how it can be enforced so it is done right the first time. Cornick asked if there are any opinions out there that say vacation rental is considered a business. Mattick stated the question is whether a short-term rental changes the use into a business, and the case law he has reviewed is that when it is rented for a business to sell objects or provide a service, then the answer is yes. Mattick stated he has not seen anything that says the simple act of renting a home becomes a commercial use. Knutson stated homesteading the house is also an issue. Mattick noted that would fall under the tax code and not a zoning code. McMillan stated she is not as concerned with people who rent out a room and are living in the house, but that she is not completely comfortable with the resolution and would like more information. Walsh noted there will be a lot more short-term rentals with the Ryder Cup and the Super Bowl coming to the Twin Cities. Cornick stated perhaps it could be a minimum of a week rental. Cornick stated in his view a vacation is typically a week, sometimes two weeks, and so if it a vacation rental, a week would be reasonable. Knutson stated a survey they did of the neighborhood was that they would prefer 30 days as a minimum. A number of the residents said six months and some said a year. Knutson noted nobody said two or three days or even a week. Walsh moved, Printup seconded, to table Application No. 15-3759, City of Orono Text Amendment: Short-term (Vacation) Rentals. VOTE: Ayes 5, Nays 0. 14. #16-3809 CITY OF ORONO TEXT AMENDMENT: SETBACK FOR ACCESSORY STRUCTURES — ORDINANCE NO. 165 Barnhart stated this amendment corrects an ordinance that is too broad for its intent. Staff has removed the minimum 10 -foot setback required between accessory structures. The setback was originally intended to minimize massing. Non -roofed structures typically do not have a negative impact on massing as roofed buildings do. The current ordinance requires patios to be set back from detached garages and other patios, which can be a burden for property owners. Page 30 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. Printup moved, Levang seconded, to adopt ORDINANCE NO. 165, Third Series, an Ordinance Amending the Zoning Ordinance Pertaining to Crowding of Principal Buildings. VOTE: Ayes 5, Nays 0. 15. #16-3810 CITY OF ORONO TEXT AMENDMENT: NOTICE OF HEARING — ORDINANCE NO. 166 Barnhart stated the current ordinance allows the Council six months to acquire land that was the subject of a hearing, during which time the building official is not to issue a permit. This has not been followed in practice. The proposed ordinance removes this clause and establishes a uniform distance for notice of public hearings by increasing the notice boundary for variances from 150 feet to 350 feet. Levang moved, Printup seconded, to adopt ORDINANCE NO. 166, Third Series, an Ordinance Amending the Zoning Ordinance Pertaining to Notice of Hearing Regulations. VOTE: Ayes 5, Nays 0. *16. PLANNING COMMISSION APPOINTMENTS Levang moved, Printup seconded, to appoint Bruce Lemke and Kevin Landgraver for a 3 -year Planning Commission term effective April 1, 2016. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to appoint Chad Olson for a 3 -year Planning Commissioner term effective April 1, 2016. VOTE: Ayes 5, Nays 0. Levang moved, Printup seconded, to appoint Chris McGrann as an alternate commissioner effective April 1, 2016. VOTE: Ayes 5, Nays 0. MAYORICOUNCIL REPORT Walsh stated he was impressed with the turnout for the caucus last week, with 90 people attending, and that two years ago there was only 12 people at the caucus. Walsh commented it was nice to see the increased participation. Walsh noted last summer they hired a new manager for the Orono Ice Arena and that they have just hired an assistant. The advertising for the ice arena has also been redone and that he would like to thank the current and new advertisers. Walsh reported he has attended two or three meetings in the last couple of months with the Orono Foundation for Education along with members of the School Board and school personnel to talk about getting together and partnering together in the future on projects. Walsh stated it is important to have a good working relationship with the School District. Walsh indicated he will continue to move forward with that with Jessica and Adam's help. Walsh stated he would like to see the Council put together a two person committee to have regular dialogue with the School District and that he would like to be on that committee. Walsh requested the City Council consider creating a committee for that purpose in the near future. Page 31 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) Levang reported she recently attended the Park Commission meeting and that they have developed a list of priorities for 2016. Work on Livingston Tower Park is coming along nicely and will be completed in the spring. A Girl Scout troop has agreed to plant the butterfly garden. Levang noted there will be an article in the newsletter on the park. Levang indicated she has also been involved in several cleanup efforts in the City. The first project involved cleaning up the municipal lot in Navarre, where a substantial amount of garbage was removed. The second project involved cleaning up a section of Old Crystal Bay Road. Cleanup will be done a second time prior to the start of the Step To It program. Levang stated due to the nice weather, people have already been out at the golf course this past week and that there will be an article in the City newsletter on the opening of the golf course. Levang reported she also attended a meeting with the Northwest League of Municipalities. The guest speaker at the event was from Hennepin County and he talked about assessing. Levang noted the City of Orono has been doing well with new building permits being issued and that it continues to be a seller's market. Printup stated he has had some personal conversations with Senator Osmek, who has indicated that he wants to reassure everyone that they will get started as soon as possible on obtaining the funding for improvements to Highway 12. McMillan noted there are two bills regarding the Highway 12 funding, one in the House and one in the Senate, and that she will work with City Administrator Loftus to get a resolution of support drafted for both of those bills. McMillan commented they need people to show up at the Capital for the hearing once a time has been set. McMillan stated MN/DOT has indicated that in the area where they would like to place additional jersey barriers the water slopes from north to south, and if they put concrete barriers in that area, they will have to allow for this water to flow. MN/Dot is in the process of doing the engineering for that. CITY ADMINISTRATOR'S REPORT 17. WAYZATA FIRE SERVICE INFORMATION City Administrator Loftus noted Council Member Printup had requested some information on the Wayzata Fire service contract, which has now been provided. The information being provided is as follows: The service area map with parcel count, contract cost for Wayzata and Long Lake, fire call response times, and call history for the past three years. Loftus noted Orono has had a long-standing contract with the City of Wayzata to provide fire service to a portion of the City. This agreement has been in effect since 1962. The cost for this service in 2016 is $29,234. The Wayzata Fire Department currently serves 180 parcels on the east side of Orono. This area represents six percent of the total number of parcels in Orono. Page 32 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT (continued) Loftus stated pursuant to Council Member Printup's request, Staff met on January 27 with the Fire Advisory Board whether they would be open to this service area. Fire Chief Van Eyll did submit a memo stating that was a possibility and that the Long Lake Fire Department could include this area into their contract service for $8,168. The contract change would reduce the City's fire cost by $21,066. Loftus stated Staff has also provided some information on call response times. Over the last two years, the average response time by Wayzata to this area has been 6.92 minutes. Chief Van Eyll has provided an educated estimate on the response time by the Long Lake Fire Department and that response time would be 8.64 minutes. Loftus noted both of those call response times fall within the National Fire Prevention Association standard of ten minutes. Staff has also provided a recap of the call history for that area. Generally that area averages 20 calls per year, with the most frequent calls being related to smoke detector issues and medical emergencies. Loftus noted the Mayor has mentioned another piece of information she would find helpful would be knowing the distance between the Wayzata Fire Station to this area and the Long Lake Fire Department. Staff will provide that information in the near future. At this time Staff is looking for other data points the Council might be looking for and then a discussion on whether this should move forward. If moving forward, Loftus would then recommended the City Council hold a public hearing in April and notify the residents of the potential change. Loftus noted Council Members Printup and Walsh currently serve on the Advisory Board. Walsh noted he did e-mail some additional information to Staff earlier today showing how much of that is golf course territory. Printup stated the orange lot furthest to the north is a DNR area. The other orange areas are Wayzata and Woodville. Walsh stated it might also be good to show some of the farther points that Long Lake goes to as .i comparison standpoint. Printup pointed out the call history is not broken down into the emergency versus nonemergency calls, and in his view the difference is something to take note of. McMillan asked if the work on Highway 112 will cause some issues with response times. Fire Chief Van Eyll stated it absolutely will. Van Eyll indicated when they ran the response times for North Ferndale Avenue, they went up Willow to County Road 6 and then back down due to better sightlines. Van Eyll stated the construction on Highway 112 will cause some definite concerns for this area as well as all the other areas they service. Cornick asked if structure fires would be included under active calls. Loftus noted there have been no structure fires for the area in the last three years. Page 33 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT Van Eyll stated there was an active fire in Myrtlewood approximately six, seven years ago. Walsh stated it is his understanding they are looking to send out a letter notifying the residents and then hold a public hearing. McMillan stated exploring this is a good idea and saving money is a good idea, but that in her view this year might not be the time given the construction on Old Highway 12. McMillan stated she does not really want to have citizens coming up here and providing comment given the issues that will happen on the east end. McMillan noted there will also be some construction on the eastern edge in 2018 and that the south shore and Long Lake Road is a big deal for the community. McMillan stated she does not feel comfortable going ahead with it right now given the unknowns with Old Highway 12. Printup stated they are then potentially kicking the can down the road another two years. Printup stated they have a great opportunity to look at this now, have the information, and that they should invite the citizens in. Printup noted he has been talking about this repeatedly over the past couple of years and that they should hold the open house to see what kind of feedback they get. Printup moved, Walsh seconded, to approve a public hearing on April 11, 2016, regarding fire service, and to send out the notice to the affected homeowners. McMillan stated she would like to reword the notice slightly if the motion passes. Cornick noted the last time the Council discussed this it was suggested that a representative from the City of Long Lake sit in on this. Walsh indicated they are aware of the situation and that the Mayor attended the Fire Advisory committee meeting. Van Eyll stated he also spoke with the Long Lake City Administrator about appearing here tonight. Cornick asked if they are supportive of this. Van Eyll stated in his view the support is there as long as Orono is wiilmg to approve it. Van Eyll stated there is not anything that will negatively impact the City of Long Lake's response. Van Eyll stated as they ran some of the numbers, it was determined that it would actually help with the fire department's deficit. Walsh stated the biggest number is if it will reduce their costs so it does not impact them. Van Eyll stated they will not have to hire any new firefighters to handle 20 more calls or new fire equipment. Levang stated the greatest responsibility of the City is to provide service to the residents and that she does not want the Council to forget that. Levang stated cost savings are important but that these folks are already paying taxes. Page 34 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT (continued) Levang noted they are talking about a difference of $162 a year for fire service that they are currently paying and that a homeowner's cost will be reduced to $45 a year. Levang stated the question is whether the homeowners want the response time reduced for $117, which needs to be a big consideration. Levang indicated she is open to a public hearing so they can talk to the residents but that she also has a concern with how the fire department will get there given the upcoming construction. Levang stated she wants people to understand that for $117 less per year this is the change they will get and that in her view the residents will be happy to spend $162 a year to get the type of service they are currently getting. Van Eyll agreed the response times will be longer. Walsh stated he understands those issues but that there are other parts of Orono that do not get that fast of service and that the other 94 percent of Orono is paying for this area to get faster service. Levang commented there is also the possibility that these residents are happy with Wayzata. Walsh stated he can see people on the other end of the spectrum questioning why their response times are 10 or 11 minutes. Printup noted the western edges of Orono were serviced by another fire department in the past and that it is not a new conversation in Orono. McMillan noted the response time for the western area decreased where the response time in this case would increase. McMillan asked whether this will impact people's insurance. Van Eyll stated it would depend on how it is being dealt with by the insurance companies. Van Eyll stated if the insurance companies are following ISO standards, it can impact it. If they are not and are going by strictly road miles, it may not impact it. McMillan asked if the insurance company is notified of a change in fire departments. Van Eyll stated if they subscribe to the ISO, they would be. Van Eyll noted the fire department does receive a number of e-mails asking what the response time is and how close a residence is located to a fire hydrant. Van Eyll stated the insurance companies will need to review the policies and determine that. Printup asked if the insurance companies take into consideration mutual aid by nearby fire departments. Van Eyll stated for structure fires they will take that into consideration but in general they will look at road miles from the primary response. Van Eyll noted they receive calls from Minnetonka Beach insurers asking if Long Lake is the primary response because they are the closest and Long Lake tells them they are not. Walsh noted Maple Plain used to service part of Orono and that this is not a new conversation. Levang stated some people may get an increase in their insurance rates and that the City needs to be transparent about all of these issues. Page 35 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT (continued) McMillan stated the City will need to provide more detail at the public hearing to the residents and that they should be informed that a change may trigger a review of their insurance policy. VOTE: Ayes 3, Nays 2, Levang and McMillan opposed. McMillan stated as it relates to the public hearing regarding fire service, she would like it entitled Special Public Hearing Regarding Fire Service rather than You're Invited. McMillan stated after the first line, she would request that the language read, "You are receiving this notice because your property is presently located in the Wayzata Fire District." McMillan stated the residents need to be told why they are being given a notification. In addition, McMillan stated she would like a separate page to have more text about the response time, the mileage, and the fire service district area. McMillan stated she hopes it can just be condensed down to one sheet front and back rather than multiple sheets. McMillan stated she would just like it very clear what the public hearing is all about. *18. CLOSE FUND 318 — 2005 HRA PUBLIC PROJECT REVENUE BOND — RESOLUTION NO. 6598 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6598, a Resolution to Close the 2005 HRA Public Project Revenue Bond Fund. VOTE: Ayes 5, Nays 0. *19. LICENSES & PERMITS Residential Kennel Licenses 1. Steve Bell and Jane Kline 4455 West Branch Road 2. Jon and Bianca Chance 248 Cygnet Place Rick and Brett Gage 2180 Abingdon Way 4. Jami Honour 1725 Bohns Point Road Levang moved, Printup seconded, to approve the above -listed licenses. VOTE: Ayes 5, Nays 0. *CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. Page 36 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2016 7:00 o'clock p.m. CITY ATTORNEY'S REPORT City Attorney Mattick stated he had nothing to report. ADJOURN -VENT Cornick moved, Printup seconded, to adjourn the Orono City Council meeting at 10:55 p.m. VOTE: Ayes 5, Nays 0. AT ST: a Tiegs, City erk JZQ,19K&�& Lili Tod McMillan, Mayor Page 37 of 37