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HomeMy WebLinkAbout06-13-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Acting Mayor Aaron Printup, Council Members James Cornick, Jr., Lizz Levang, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Acting Mayor Printup 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, 11, 15, 16, and 17 were added to the Consent Agenda. Levang moved, Cornick seconded, to approve the Consent Agenda as amended. Council Member Walsh noted at the last City Council meeting, Council Members Levang and Cornick, as well as Mayor McMillan, voted to change the way the work session minutes are prepared. Walsh stated because the minutes are so brief, a person would need to be present at the work session to know what was really discussed. Walsh stated in his view that is a bad idea from a transparency perspective. Walsh stated as a council member, if he misses the work session, it is also difficult for him to know what transpired at the work sessions and that in his opinion it is a step backwards from a transparency standpoint. Walsh stated if it was up to him, he would change the way the work session minutes are done. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL MEETING MINUTES OF MAY 23, 2016 Levang moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of May 23, 2016, as submitted. VOTE: Ayes 4, Nays 0. *3. CITY COUNCIL WORK SESSION OF MAY 23, 2016 Levang moved, Cornick seconded, to approve the minutes of the Orono City Council work session of May 23, 2016, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION 4. STATE FARIM SAFE DRIVING GRANT Cody Christenson and Collin Carlson, State Farm Representatives, were present. Page 1 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. PRESENTATION (continued) Collin Carlson, State Farm Representative, stated the Orono Police Department has done a great deal of work with the Highway 12 Safety Coalition Group as well as in the surrounding area. Carlson stated as a result of a conversation he had with Sergeant,Beck, he decided to see if there was something that State Farm could do to help the Police Department. Carlson indicated he found out there was a grant available through State Farm and that they were able to entirely fiend a speed trailer that can be used anywhere. Carlson stated the unit was approximately $17,000. Carlson presented a check to Police Chief Farniok. Police Chief Farniok stated the speed trailer and mobile message board will be used at the local schools and the Highway 12 Safety Coalition will have access to it as well. Farniok stated the grant application was done in partnership with all the local chiefs, with the cost of the unit being $16,666. The money left over will be used through the Office of Traffic Safety to promote this safety program. The Orono City Council thanked State Farm for their generous donation. Farniok noted a center barrier will be erected on the Highway 12 bypass and work is expected to start approximately the first week of September. Erection of the barrier is expected to take place over two weekends with some night time closures. PUBLIC COMMENTS None PUBLIC WORKS/CITY ENGINEER REPORT *5. PUBLIC WORKS SUPERVISOR APPOINTMENT Levang moved, Cornick seconded, to appoint David Goman as Public Works Supervisor effective June 29, 2016, at Pay Grade 10, Step 5. VOTE: Ayes 4, Nays 0. *6. 2016 ROAD MAINTENANCE (HUNTER AND TAMARACK) — AWARD Levang moved, Cornick seconded, to award the maintenance project for Hunter and Tamarack Drive to Omann Brothers in the amount of $109,756.06. VOTE: Ayes 4, Nays 0. PLANNING DEPARTMENT REPORT — LOREN SCHOENZEIT, REPRESENTATIVE *7. #15-3723 SOURCE LAND CAPITAL, LAKEVIEW OF ORONO — RELEASE OUTLOT C FROM DEVELOPMENT AGREEMENT Levang moved, Cornick seconded, to authorize the Mayor and City Administrator to execute the agreement between the City of Orono and Source Land Capital for the release of Outlot C of Lakeview of Orono from all provisions of the Development Contract except for the first two sentences of Section 24H. VOTE: Ayes 4, Nays 0. Page 2 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. *8. #16-3828 CITY OF MEDINA/STONEGATE FARM, INC., 2940 SIXTH AVENUE NORTH, CONDITIONAL USE PERMIT RESOLUTION NO. 6632 AND WETLAND REZONING ORDINANCE NO. 169 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6632, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-96619671968 and 78-1698 through 78-1610 Ordinance No. 169 for the property located at 2940 Sixth Avenue North. VOTE: Ayes 4, Nays 0. 9. #16-3830 ZEHNDER HOMES, INC., 1255 DICKENSON STREET — VARIANCES Senior Planner Gaffron stated the applicant is requesting variances for lot area, lot width, front setback, side setback, side street setback, and structural coverage in order to construct a new residence on the property. Gaffron noted the property at one time did have a house on it and is in a neighborhood where the lots range from a quarter acre up to 1.5 acres. The lot is located in the 2 -acre zone and is zoned RR -1B. Gaffron noted this lot is significantly smaller than two acres and consists of roughly one-third of an acre. The buildable area is approximately 35' x 20'. The applicants are proposing to construct a new residence on the property. The driveway would come in off of Keene Avenue. The applicants are requesting a setback variance to the 50 -foot standard on the Dickenson Street side, a front setback of 30 feet where 50 feet is normally required, and a side setback of 13.9 feet. The applicants meet the 50 -foot requirement in the rear. The structural coverage proposed is 16.6 percent where 15 percent is normally allowed. Staff is recommending approval of all the setback variances as well as the lot width and lot area variances. Staff finds it difficult to support the structural coverage variance based on this being new construction on a lot that has been vacant for the past five years. In the past, Staff has supported structural coverage variances in situations where a clear practical difficulty exists. The structural coverage variance in this case is a direct result of the proposed deck with the top of the railings exceeding six feet in height above existing grade, making the deck calculable structural coverage. Gaffron displayed a sketch of the proposed house and pointed out the location of the deck. The Planning Commission felt there were a number of factors that suggested the lot coverage variance was appropriate. The Planning Commission felt the deck would be minimally visible from the street and not visible from the Keene Avenue side. In addition, there was likely more structural coverage on the lot in 2008 than what is being proposed currently. Gaffron displayed an aerial photograph of the house that was there up until 2011. Gaffron noted there was also an additional house on the lot that was removed in 2008, which resulted in the lot having 21.9 percent structural coverage. The other factor the Planning Commission looked at was that while the deck could be constructed lower, it would require a couple of steps down and it was the feeling of the Planning Commission that it made the deck less functional and could be construed as a practical difficulty. Page 3 of 14 MINUTES OR THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. 9. #16-3830 ZEHNDER HOMES, INC., 1255 DICKENSON STREET — VARIANCES (continued) From Staff's perspective, it is not a practical difficulty and there are a number of potential design solutions for avoiding the lot coverage variance, such as reducing the size of the house or reducing the size of the garage. The deck could also be changed to a grade -level patio. This could be accomplished by filling in the area of the proposed deck and adding a retaining wall extending from the foundation, avoiding the need for the railing which drives the lot coverage variance. Printup asked how much the deck would need to be lowered. Gaffron stated if the deck were lowered two feet, they would require two steps to access it, but that it would still likely result in the deck being considered structural coverage since the height of the deck would need to be determined based on existing grade. Gaffron noted the applicant also ended up lowering the house to make sure the basement meets the definition of a basement and not a story. Walsh stated in his view this goes to the broader issue of small lots. Walsh stated small lots are a practical difficulty in and of themselves and that in his view the 15 percent structural coverage is a very arbitrary number. Walsh noted Items 12 and 13 on tonight's agenda talk about half -story definition and massing regulations, which is a made-up word, and that it starts putting Orono's lots into the haves and the have nots. Walsh stated Orono has people who have more than two acres where the 15 percent structural coverage does not apply, but if there are four half -acre lots that equal two acres, the 15 percent structural coverage applies to them. Walsh reiterated that it is putting the lots into classes of haves and have nots and that 70 percent of the lots in Orono are under two acres. Walsh stated in his mind just having a small lot is a practical difficulty and that he has no problem if the applicant needs to be at 16, 17 or 18 percent. Walsh stated if the deck needs to have railings on it, that's fine, but if somebody wants to turn the deck into a screen porch later on and it becomes real structural coverage, they wouldn't be able to do that unless they have over two acres. Walsh stated the structural coverage does not fit with the large majority of the lots that are under two acres and that he sees this small lot as a practical difficulty in and of itself. Walsh indicated he is okay with the structural coverage variance as well as the other variances. Council Member Levang noted a deck is a want and not a need and that these rules are in place for a particular reason. Levang stated she does not see a small lot as an inherent practical difficulty and that the standard for a practical difficulty is a very precise one. Levang stated she will stand with City Staff's recommendation and say no to the structural coverage variance. Levang noted the applicants are requesting a number of other variances that will be allowed and that the applicant has other alternatives that Staff has pointed out as to how they can construct either a deck or a patio. Levang stated the fact that no one will see it is not a practical difficulty, especially when there is a clean sheet with this application and the applicants have an opportunity to construct a house that meets the City's standards. Walsh noted Council Member Levang wanted to consent Item No. 12, which talks about keeping the structural footprint at 15 percent for only lots that are under two acres. Page 4 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2015 7:00 o'clock p.m. 9. #16-3830 ZEHNDER HOMES, INC., 1255 DICKENSON STREET — VARIANCES (continued) Walsh questioned why it has to be under two acres and why it is okay that someone can have a deck at two acres but not at 13,000 feet or at 25,000 feet or 32,000 feet or one acre. Walsh stated it is the haves versus the have nots and that they are separating out the lots in the city. Walsh stated if someone has 4 half -acre lots, which equals two acres, they do not get to have a deck, but the guy with two acres gets to have the deck. Walsh stated it does not make sense, and that if the Council wants to keep making it into the haves and have nots, then everyone should know what is going on. Levang commented Council Member Walsh is making it into the haves and have nots and that Orono is made up of all different kinds of parcels Levang stated there are different types of rules that apply to the different lots and that the 15 percent structural coverage is the rule that applies to this lot. Walsh noted Item 12 is looking to change that rule. Levang stated when the Council gets to Item 12, they can talk about that item, but that right now the Council is looking at this particular lot, which is what the Council does when someone requests a variance. Levang stated the City Council attempts to have compliance with its codes as much as possible Levang noted the applicant will likely get their setback variances, but that she is not willing to agree to a structural lot coverage variance, which is her choice. Walsh concurred that this is Council Member Levang's choice but that he obviously disagrees. Council Member Cornick asked whether the applicant was agreeable to reducing it to a two -stall garage. Gaffron stated Staff has not discussed that specific point with the applicants but that the applicants have designed the house up to the 15 percent limit without the deck. Eric Zehnder, Zehnder Homes, stated when he asked about the rules, there was either a miscommunication or a misunderstanding on whether the deck was inpluded in the structural coverage and their understanding is it was not. Zehnder indicated they then designed the house to the 15 percent structural coverage without the deck. Zehnder stated they did not find out until after they submitted the plans that the deck should have been included in the 15 percent. Printup asked if he found the structural coverage definition confusing. Zehnder indicated he did not but that he did not read the ordinance word for word. Zehnder stated he thought Staff had indicated the deck would not be included and that his understanding now is that a deck is not included if it is less than six feet off the ground. Zehnder indicated having a deck six feet high did not come up in the conversation. Zehnder stated he further understands that the ordinance is per existing grade and not proposed grade. As Staff explained, the grade will be raised and will increase at that spot to ensure proper drainage. Zehnder noted they will be close to the six foot but that he is not sure what the exact measurement will be. Printup stated the bigger issue is what the City can do to be flexible and that the variance process allows the City to be flexible. Page 5 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. 9. #16-3830 ZEHNDER HOMES, INC., 1255 DICKENSON STREET — VARIANCES (continued) Printup stated if they are talking about a deck that is six feet high or five feet in height in relation to the 15 percent structural coverage, he tends to be okay with allowing that flexibility. Printup stated the smaller lots are more constricted and that the City does not have to go and dramatically change its zoning to make sure that something like this works but that it can be flexible. Printup stated if the City wants people to improve their lots and neighborhoods, are they really improving it if garages are reduced or decks are eliminated. Walsh commented someone could be allowed 35 percent hardcover but only be at 24 percent. Printup asked when the 15 percent structural coverage was included in the Code. Gaffron indicated that has been since approximately the late 1980s and that the hardcover rules have been around since 1975. Gaffron stated this property would have always been allowed 35 percent hardcover based on its distance from the lake. Printup stated to his recollection the City took a hard stance in previous years on not going over the hardcover limit. Printup noted this is a small deck and that the lot meets the hardcover requirements. Printup indicated he also understands Council Member Levang's point that it is a clean slate but that he tends to lean towards having some flexibility. Zehnder stated they tried hard to be at the 15 percent without the deck. Cornick noted the Council is being very flexible on the other variances. Printup commented the Council has to be given the size of the lot. Levang noted this is a want and not a need, which is something that Council Member Printup has stressed in the past. Levang stated this is the same issue that was discussed at a previous meeting about an application on Big Island and a deck, with the City Council deciding no because they felt it was a want and not a need. Levang stated if Council Members Printup and Walsh want to vote differently, she will learn to live with it, but that she would like to point out that there is not any consistency in what is being said. Levang stated she would like to make a motion. Walsh stated he would like to comment on that. Levang noted she has the floor and that she would like to make a motion. Walsh commented Mrs. Levang can go to town. Levang stated she is done and that she is leaving the meeting. (Council Member Levang left the meeting at 7:31 p.m.) Page 6 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. 9. #16-3830 ZEHNDER HOMES, INC., 1255 DICKENSON STREET — VARIANCES (continued) Printed noted there are three Council members present and asked whether anyone would like to make a motion on this item. Walsh moved to approve the area, width and setback variances as well as the structural coverage variance for Application No. 16-3830, Zehnder Homes, Inc., Cornick stated he is sorry but that it is time to go and watch the basketball game. Cornick stated he feels the Council can act more professional in front of the public. Printup requested Council Member Cornick stay for the remainder of the meeting since the Council does need a quorum. Printup stated he would ask Council Member Cornick to remain for the sake of the public. Cornick stated they can take it as a statement and that he will remain. Printup thanked Council Member Cornick for staying. Printup seconded the motion. VOTE: Ayes 2, Nays 1, Cornick opposed. 10. #16-3827 RICK DENMAN/CHARLES CUDD, LLC, FOR OWNER DDK, LLC, 2525 KELLY AVENUE, 2535 AND 2545 SHADYWOOD ROAD, SKETCH PLAN Community Development Director Barnhart stated the applicant is seeking comments related to a sketch plan for a proposed subdivision of three separate parcels into seven building lots and two outlots. The project will ultimately require preliminary and final plat, Comprehensive Plan and zoning map amendments. The project includes seven single-family home sites ranging in size from 0.16 acres to 0.39 acres. Access for all lots will be via a new road off of Shadywood Road that will line up with a future access for the Freshwater parcel on the east side of Shadywood. No direct access will occur off of Kelly Avenue and the existing wetland on the lot fronting Kelly Avenue will not be impacted. The homes will be served by city water and sanitary sewer. The applicant has provided some elevation samples for a 1,400 square foot single -level home with a full basement. The layouts are tentative and are intended for discussion purposes. The developer has also provided a monument sample. The issue that Staff has is that the property is guided for mixed use/residential, with a guided density of four units per acre. The project proposes 2.99 units per acre, but the final density is expected to increase above three units when the wetland and buffer boundaries are better defined. The property is zoned B-4 Office/Professional, which does not allow residential uses. The units are proposed to be detached and are consequently lower than what is proposed in the Comprehensive Plan. The City Council should discuss whether single-family residential is appropriate on this site. Page 7 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. 10. ##16-3827 RICK DENMANICHARLES CUDD, LLC, FOR OWNER DDK, LLC, 2525 KELLY AVENUE, 2535 AND 2545 SHADYWOOD ROAD, SKETCH PLAN (continued) Staff and the applicant are looking for direction as to the appropriateness of the proposal. Printup asked if the site is guided for mixed use. Barnhart indicated it is and that it is guided for four units per acre. Barnhart stated one of the things Staff looked at was along Shadywood. A number of comments have been received in the past about the traffic on Shadywood and that Staff and the MN Department of Transportation are attempting to look at long-term solutions to ease traffic in that area. One option is to consolidate some of the turning movements, with this parcel being one of those pieces being looked at for consolidation. Barnhart stated this application provides the City with the opportunity to combine all of those accesses into one area. The applicant has set this up so that when the Freshwater parcel develops, that access will line up and shift to the corner of that site and at some point the access to the church will be changed as well. Walsh stated a big office building will likely generate more traffic to this site. Walsh commented consolidating the accesses is a long-term vision and that he is in agreement that it is a tough area for traffic. Walsh stated hopefully the City can get that cleaned up at some point. Cornick stated it is critical to note that Staff feels that if the City goes ahead with this project, there are other areas where the City can increase the density. Barnhart stated this represents one of the few green field areas for new growth and that those are typically the easiest to develop. Barnhart stated there are other opportunities but that they are limited, especially in the Navarre area, and that the City Council will need to discuss that component of it. Rick Denman, Charles Cudd, stated it is a unique piece of property. The site is bordered by single-family to the southeast side and is a transitional piece. Denman stated the property allows them to showcase a viable product for the site and that they have done a lot of luxury detached homes for empty nesters in other areas. Denman noted Mayor McMillan visited one of their sites in Medina and that he would invite the rest of the Council to visit it. Denman indicated they would like some feedback to see whether they should pursue this. Printup stated it makes sense overall to align the driveways. Printup noted the density issue was also raised during the Planning Commission meeting, which was good, and that he would like to hear from the neighbors. Andrew Whitehead, 2620 Kelly Avenue, stated single-family housing would be nice on this site since there is other single-family housing in the area. Whitehead stated he is assuming the pond will stay and that runoff might be their only concern since they have had water issues in the past. Whitehead stated he does not have a comment on how many houses should be on the site but that if it is too many, he is assuming there will be some complaints from the neighbors. Walsh asked what he thinks about mixed use for the site. Page 8of14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. 10. #16-3827 RICK DENMAN/CHARLES CUDD, LLC, FOR OWNER DDK, LLC, 2525 KELLY AVENUE, 2535 AND 2545 SHADYWOOD ROAD, SKETCH PLAN (eonfinued) Whitehead stated he likes the single-family and that he is not sure whether more businesses are required in that area. Whitehead stated he definitely prefers single-family housing versus an apartment building. Walsh commented he likes detached housing for this site and that from a commercial standpoint, given the location of the site, there would need to be a destination business to make it viable. Walsh stated he likes the direction the applicant is proposing from the direction of detached housing given the residential housing nearby. Whitehead stated if the homes could be nestled in that would be nice. Whitehead noted there is also a lot of wildlife in there as well. Printup noted the question regarding the size of the lots came up. Barnhart indicated the lots would range in size from 0.16 acres to 0.39 acres in size. Barnhart stated the challenge from the density question is where else the City can put higher density and that most of the areas in Navarre are established neighborhoods, which makes it difficult to increase the density on those sites or other nearby sites. Walsh commented those are good points and is something the Council needs to think about. Walsh stated when there is a good opportunity in front of the Council, they need to deal with that as well. Printup stated he likes the single-family concept as well. Cornick stated he also likes the concept. The City Council took no formal action on this item. *11. #16-3826 STONEWOOD, LCC, ON BEHALF OF CHUCK AND TERRI LAHR, 895 TONKAWA ROAD, ATF CUP, GRADING — RESOLUTION NO. 6633 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6633 , a Resolution Approving it Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-966 and 78-967, for the property located at 895 Tonkawa Road. VOTE: Ayes 4, Nays 0. 12. #16-3815 HALF -STORY DEFINITIONIMASSING REGULATION City Planner Curtis stated clarification and simplification of the City's half -story definition had the highest priority identified during the Council's and Planning Commission's code enforcement prioritization meeting. The half -story regulation is one piece to the City's massing regulations. Maximum defined height, setbacks, hardcover, and structural coverage are also used to regulate building mass. At work sessions in March and April, the Planning Commission explored elimination of the half -story limitation and considered different options for regulating massing. One option was to simply remove the half -story limitation and keep all the other regulations in place. This offered the simplification being requested. Page 9 of 24 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. 12. #16-3815 HALF -STORY DEFINITION/MASSING REGULATION (continued) Another option considered would remove the 15 percent limitation and establish a floor area ratio or FAR limitation for properties under two acres. The FAR, combined with setbacks, maximum defined height and hardcover regulations, may accomplish the City's massing goals as well as pro-6de a more user friendly regulation with flexibility. The City's current 2-112 story height limit and 15 percent structural coverage limit result in the functional equivalent of a FAR of 0.39. If the Council's goal is to increase flexibility for design and eliminate the cumbersome half -story calculation, Staff suggests the establishment of a FAR of 0.39 for lots 10,000 square feet in area up to 2.0 acres. For lots under 10,000 square feet, Staff would recommend keeping the 15 percent structural coverage limit. The Planning Commission reviewed both options at their May meeting and ultimately felt that Option 1 met the City's goals, including those related to clarifying the permitting process. The minutes from those minutes were included in the Council's packet. The Planning Commission voted 6-0 to recommend Option 1. The Council should discuss the options and consider directing Staff to draft an ordinance reflecting the Council's decision on massing regulation. Printup stated he likes the flexibility that Option 2 offers, but that he is questioning whether it would simply be replacing one thing with something that is just as confusing. Printup requested Staff talk a little bit about the differences between Options 1 and 2. Curtis stated Option 1 is simply just taking off the limitation to make the third level of the house a half story, which would still allow some variety from a design standpoint, but that Staff believes there would still be homes with three stories being proposed. Option 2, the FAR option, does allow a builder or a homeowner to decide whether they want a bigger main floor with a smaller upstairs or a rambler. Curtis stated keeping the FAR tied to the structural coverage would likely result in fewer taller houses on the smaller lots since it would allow for a bigger ground floor. Curtis stated there would be the opportunity to have the same amount of structure but the massing would come down. Walsh stated Option 2 would also allow that. Curtis stated Option 2 would allow someone to use their 1,500 square feet however it fits within the building envelop. Walsh stated both options would remove the number of stories limitation but would keep the height limitation of 30 feet, which simplifies it somewhat. Walsh stated he would like to see the 15 percent go away in both of those options and instead implement something where they are allowed so much in hardcover. Walsh stated that would allow the homeowner to decide how much hardcover they want for a driveway or for a deck or for their house. Walsh stated hardcover has always been the big issue and that he sees the 15 percent structural limitation and the FAR as a non -issue. Walsh stated there would still be a height limit and a hardcover limit and the builder could work within those parameters, which would give more flexibility to the builders. Page 10 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. 12. #16-3815 HALF -STORY DEFINITIONIMASSING REGULATION (continued) Printup stated he likes the less restrictive nature of Option 1 and that what Council Member Walsh is suggesting is almost entirely another separate conversation. Printup stated in his view this is a good start. Walsh stated the biggest issue he has is with the structural footprint and that he would like to see that go away. Walsh stated if someone has a 9,900 square foot lot, they can have 25 percent hardcover and they shoul& live within that. Barnhart stated those are two separate issues and that the comments on what is included in the hardcover and what is not is an appropriate discussion. Barnhart indicated he is uncomfortable with supporting a change like that at this time because he is not sure what all the ramifications will be. Barnhart noted that this has already been added to the November agenda for discussion and that he would like to keep it separate from this discussion regarding the half -story. Barnhart stated he understands it was a two-year process to establish the different hardcover tiers that the Council eventually approved and that he would recommend keeping those two items separate. Printup stated he thinks that is a good idea. Walsh noted Option 2 gets rid of the 15 percent but establishes a floor area ratio. Barnhart stated he would suggest, if the Council is looking for simplicity, to look at Option 1, and then direct Staff to review the structural requirements sooner rather than later. Walsh stated that makes sense and helps to resolve some things. Walsh stated in his view it should be a continual process. Walsh moved, Cornick seconded, to direct Staff to draft an ordinance approving Option 1 regarding massing regulations, and to request that Staff continue the discussion on the structural coverage. VOTE: Ayes 3, Nays 0. 13. #16-3817 CITY OF ORONO/ZONING CODE TEXT AMENDMENT: DEFINE EXISTING GROUND LEVEL AND ENGINEERED GRADE - ORDINANCE NO. 170 Barnhart stated the issue of "Existing Grade" was the 41t' highest priority of ordinances to review last fall. The City Code currently uses several terms interchangeably, including grade, ground level, and ground. The proposed ordinance clarifies these terms by amending the definition of existing ground level, adds new definitions of Engineered Grade and Natural Grade, and amends different sections of the ordinance to maintain consistency in terms. In addition, the height of buildings is based on the existing ground level. In situations where a house site is based on a recently approved final plat or a grading conditional use permit, the existing ground level has not yet been established. The proposed ordinance adds an Engineered Grade definition to address those situations. That change would allow Staff to review permits before the grading work has been completed. The Planning Commission recommended approval of the ordinance as drafted at their May meeting. No public comments have been received for or against the proposed ordinance. Page 12 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. 13. #16-3817 CITY OF ORONO/ZONING CODE TEXT AMENDMENT: DEFINE EXISTING GROUND LEVEL AND ENGINEERED GRADE — ORDINANCE NO. 170 (continued) Walsh commented Staff has done a good job buttoning up the terms. Walsh noted Item 12 that the Council just discussed corresponds with Section 5 because they both relate to lots greater than 10,000 square feet and 15 percent structural coverage. Walsh stated since this ties in with the half -story definition, the Council cannot change one without looking at the others. Barnhart stated that is true, and that his fear with the structural component is that it has tentacles throughout the code and that he wants to have a better understanding of what the ramifications are. Walsh moved, Cornick seconded, to adopt ORDINANCE NO. 170, Third Series, an Ordinance Amending the Zoning Ordinance Pertaining to the Definition of Existing Ground Level. VOTE: Ayes 3, Nays 0. 14. #16-3824 CITY OF ORONO TEXT AMENDMENT: SUBDIVISION EXCEPTION — ORDINANCE NO. 171 Barnhart stated this draft ordinance establishes a process for Staff to review boundary line adjustments internally and certify that they meet the ordinance. For those projects that do not meet the ordinance, they would come before the City Council for a variance. Barnhart stated Staff is attempting to be more consistent with state statute and City Code, which is why the term boundary line adjustment is used. Walsh noted this is an item that Council Member Printup has raised a number of times and that he appreciates the work Staff has done on this. Walsh moved, Cornick seconded, to adopt ORDINANCE NO. 170, Third Series, an Ordinance Amending the Zoning Ordinance Pertaining to the Approval Process for Subdivision Exception. VOTE: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Walsh stated he attended the May Planning Commission meeting and that they did a good job vetting the applications. Walsh reported the Fire Department Committee established a subcommittee to look at the contract. The current contract requires a party to give a 3 -year notice if they do not plan on staying with the contract. Walsh indicated the subcommittee met with the Mayor of Long Lake, the Mayor of Medina, the Long Lake fire chief, as well as himself, to discuss the new contract and that they are looking at having I0 -year renewals, with a 3 -year opt -out. In addition, if Long Lake currently opts out, there is no provision for what would happen with the building and that the subcommittee is attempting to tie up some of those loose ends a little bit. Walsh indicated the Long Lake City Attorney is reviewing that and that it will be brought before the Orono City Council at some point. Cornick stated he will expand a little bit on his earlier statement about him wanting to leave the meeting. Cornick stated had he left, the Council would have become ineffective, which is basically the same thing that happens when Council members disrespect each other and argue. Page 12 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) Cornick stated he would ask that the people on the Council respect each other, act as a team, and be a little more professional when they are being videotaped. Cornick stated he is pointing at everybody. Printup thanked Council Member Cornick for staying. Printup noted Police Chief Farniok touched on the barrier that will be erected on Highway 12. Printup thanked the cities along the corridor for their hard work in getting that approved. Printup noted it is still undecided whether there will be a special session to discuss the transportation funding but that there is still a lot of hard work to be done by the various cities to improve the safety on Highway 12. Printup noted school is now out for the summer and that he would encourage all the students to be careful. CITY ADMINISTRATOR'S REPORT City Administrator Loftus noted the purchase of the property adjoining Hackberry Park will be finalized tomorrow. Loftus reported there was a kickoff meeting for Phase 2 of the CSAR 112 turnback project and that Hennepin County and consultants SRF are hoping to reconvene the committee representatives in July. Currently on the committee are Council Member Cornick and Mayor McMillan. Phase 2 encompasses the section of road east towards the Montessori School, with construction expected to start in 2018. *15. GOLF COURSE DONATION — RESOLUTION NO. 6634 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6634, a Resolution to Accept Golf Course Donations. VOTE: Ayes 4, Nays 0. *16. APPOINTMENT OF 2016 ELECTION JUDGES — RESOLUTION NO.6635 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6635, a Resolution Appointing Election Judges for the 2016 Primary and General Elections to be held August 9, 2016, and November 8, 2016. VOTE: Ayes 4, Nays 0. *17. LICENSES & PERMITS Garbage and Refuse Collector: 1, Blackowiak Disposal, Inc. 1195 Sunnyfield Road North Mound, MN 55394 Levang moved, Cornick seconded, to approve the above listed license. VOTE: Ayes 4, Nays 0. Page 13 of 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 13, 2016 7:00 o'clock p.m. *18. CLAIMSBILLS Levang moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY REPORT City Attorney Mattick stated he had nothing to report. ADJOURNMENT Walsh moved, Cornick seconded, to adjourn the Orono City Council meeting at 8:16 p.m. VOTE: Ayes 3, Nays 0. ATTEST: y biaac-T(egs, City Clerk Aaron Printup, Acting Major Page 14 of 14