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HomeMy WebLinkAbout10-10-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 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 Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Finance Director Ron Olson, Planner Michael Gaffron, Planner Melanie Curtis, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA :Mayor McMillan noted Item No. 9 has been removed from tonight's agenda at the request of the applicant. Item Nos. 4, 5, 6, 7, 8, and 14 were added to the Consent Agenda. Item No. 2 was removed from the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. ORONO CITY COUNCIL MINUTES OF SEPTEMBER 26, 2016 _McMillan requested the motion on Page 8 be corrected to read $5,353,730 instead of $5,353,000. Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of September 26, 2016, as amended. VOTE: Ayes 5, Nays 0. *3. ORONO CITY COUNCIL WORK SESSION OF SEPTEMBER 26, 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council work session of September 26, 2016, as submitted. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Gabriel Jabbour, 985 Tonkawa Road, stated he is here tonight to speak about the fire boat and the Sheriff s dock as well as to express his frustration and borderline anger about how this issue is being handled. Jabbour stated he personally assisted and obtained the funds to construct the present fire station, the satellite fire station and helped negotiate the 20 -year contract with Long Lake. Jabbour stated 15 years ago it was his idea to come up with a place to have a dock. The Hennepin County Water Patrol had a very difficult time in 2015 in removing people off the lake and that he was the one that came up with the idea for a satellite station. Jabbour stated his preference was that Hennepin County would purchase Sailer World, which did not occur, and that a temporary intermediate solution was arrived at. Page 1 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Jabbour indicated he worked very hard with Hennepin County, with the Sheriff, and the Water Patrol to determine a location and how many cars should be parked there and what services should be provided. At that time Long Lake did not have a fire boat dock and instead utilized a dry dock. At that time, the City Council, the neighbors and the Planning Commission worked together to change Orono's ordinance that was adopted a long time ago. That new ordinance was to allow the Sheriff to have the dock as an access dock and not an overnight dock. Jabbour stated if they had understood that the Council and the Fire Department needed a dock to keep their boat overnight, maybe that site would not have been the appropriate site since there are only two places to park cars. Jabbour noted there is no place to park a fire engine. Jabbour stated they have a parking problem but not a dock problem. Jabbour stated he is sickened by the fact that this came up a few days before the election and is now becoming an election issue. Jabbour stated that is disingenuous, ill thought out, and arrogant. Jabbour stated today the Fire Department owns a dock, which he helped get donated. In addition, the City of Orono today owns land down the street closer to the fire station. Jabbour stated meanwhile, Council Member Walsh said he talked at dinner and not at a formal meeting with the Sheriff who indicated he would not have a problem with them being parked there. Jabbour noted the Sheriff has no authority to go there and that it is Hennepin County who owns the dock. Jabbour stated he personally has a fire boat docked at his marina and that he allowed the Water Patrol one year of use at his facility, including the building, at no charge. Jabbour stated he knows what it takes to get some of this stuff done and that he worked enormously hard for Minnetonka and public safety. The City's relationship with the Sheriff is extremely important and that the steps taken in the past by the Sheriff are evolving to a better tomorrow because of it. Jabbour stated the Sheriff's relationship with the Hennepin County Commission is not the best and that trying to get those two people pinned against each other over a dock is not necessary. Jabbour noted there was no variance given and that Council Member Walsh was dead wrong. Jabbour stated if the Council decides to change the ordinance, they have the land, they have the dock, and they have the parking to accommodate two to three fire engines. Jabbour stated they should leave the County alone because the only thing that is happening is that they are colliding on county politics. Jabbour stated there is one person marching on to do a 200 percent decision a few days before the election and that if that person really wants the fire department to find a permanent solution, they should not grandstand a few days before the election. Jabbour stated the City needs permanent solutions for problems and that he does not want a Council that is arrogant or decisions that are done politically when those decisions put people's lives at risk. Jabbour stated it is not safe to jam cars on County Road 15 and that only two ambulances and one squad car can be there. Jabbour stated he can guarantee the Council, based on his conversation with the County, that it is very highly unlikely the County will allow that. Jabbour stated as a friend of the Fire Department, he is here to ask the Council to think about what they are doing and to not follow a leader who does not know where he is going. Council Member Walsh stated he appreciates Mr. Jabbour's time and that he is glad he brought up the issue now versus later. Page 2 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. PUBLIC COMMENTS Jabbour noted this is the public comment section. Walsh stated he can comment if he wants. Jabbour stated he can make his comments during the mayor/council report and that this is a monologue and not a dialogue. Walsh stated last week there was a lot of monologue and dialogue going on during the public comment section and that he can comment unless the Mayor thinks only she can do it. McMillan noted she did not speak from up at the dais. McMillan asked if there are any further public comments. Richard Crosby, 2705 Walters Port Lane, stated public safety is definitely a passion of his and that he spent ten years on the Long Lake Fire Department, retiring at the end of last month. Crosby stated this is an issue and it should be something that as a community they work together to get solved. Crosby stated it is not politics to him and that it is about saving people. Crosby stated to say it does not matter when people died last year and drowned on the lake offends him. In contrast, Crosby noted the year before he took part in rescues where they helped airlift three people off of Lake Minnetonka and that those people are alive today. Crosby commented he is not sure if the Hennepin County Sheriff's dock is the perfect place but that he is open to discussion. Crosby stated the idea of bringing a fire track to that parking spot does not happen and that they use Utility 11, which is a short rescue truck, and they typically bring Rescue 21 on those calls. Crosby stated the Fire Department is not bringing an engine to a boat rescue and that it does not happen. Crosby stated he would also like to talk about bringing a more respectful manner to what is going on in the Orono community. Crosby noted there have been personal attacks on people and that this election should be about issues and not personalities. In addition, there have been campaign signs that have been taken and that he would like to bring civility to the election process. Crosby stated people need to respect each other and respect that there may be differences of opinions but handle it in a proper manner. Crosby commented they all are blessed to live here and that Orono is a wonderful community. Crosby stated the eyes of our kids and neighbors are on them right now and that the focus should be on the kids and neighbors. Crosby stated he was a volunteer for 10 years, that he was honored to do it, and that it is an honor to serve the community we call home. Crosby stated if everyone can get back to handling each other in a more respectful manner and come to some common ground that would be terrific. Crosby stated he would really, really appreciate it. Page 3 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. PUBLIC WORKSICITY ENGINEER REPORT *4. LIFT STATION 28 PUMP REPLACEMENT Levang moved, Printup seconded, to approve replacement of the sewer pump at Lift Station 28. VOTE: Ayes 5, Nays 0. *5. LIFT STATION #2 BACKUP GENERATOR AWARD Levang moved, Printup seconded, to award the Lift Station No. 2 backup generator contract to Pember Companies for $170,550.00, and to authorize Bolton and Menk to provide construction management services. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT — JON SCHWINGLER, REPRESEI\TATIVE *6. #f14-3695 WILLIAM TOLES, 1095 FERNDALE ROAD WEST — RENEWAL OF RESOLUTION NO. 6463 — RESOLUTION NO. 6679 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6679, a Resolution Granting an Extension of the Variances Conditional Use Permit Established by Resolution No. 6463, File No. 14-3965. VOTE: Ayes 5, Nays 0. *7. #16-3859 ROBERT GUMNIT AND FRANCES GRAHAM, 1100 OLD CRYSTAL BAY ROAD SOUTH - CONDITIONAL USE PERMIT — RESOLUTION NO. 6680 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6680, a Resolution Approving Conditional Use Permit Pursuant to Municipal Zoning Code, Section 78-418, for the property located at 2732 Caroline Avenue, File No. 16-3859. VOTE: Ayes 5, Nays 0. *8. #16-3864 PETER ESKUCHE ON BEHALF OF GRAHAM MERRY, 500 WILLOW DRIVE SOUTH, CONDITIONAL USE PERMIT AND VARIANCE — RESOLUTION NO. 6681 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6681, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1434, 78-1435, and 78-1437, and a Conditional Use Permit Pursuant to Municipal Zoning Code, Section 78-418, for the property located at 500 Willow Drive South, File No. 16-3864. VOTE: Ayes 5, Nays 0. 9. #15-3763116-3860 CHRISTOPHER AND GAIL BOLLIS/CHRISTOPHER AND RACHEL BOLLIS, 200-350 STUBBS BAY ROAD NORTH - FINAL PLAT REVIEW This item was removed from the agenda at the request of the applicant. 10. #15-3774116-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 Senior Planner Gaffon noted on December 14, 2015, the City Council adopted Resolution No. 6569 that granted preliminary approval for a residential plat of the property located at 1700 Shoreline Drive Page 4 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 10. #15-3774116-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 (continued) creating three new two -plus acre lakeshore building lots. It leaves the existing house and accessory buildings on the property. Michael Steadman, on behalf of the property owners, requests final plat approval in order to finalize the project and proceed. The developer has completed or has agreed to complete all requirements established at preliminary approval in order to gain final plat approval. The developer has completed or has agreed to complete all requirements established at preliminary plat approval in order to gain final plat approval. There are three specific items for discussion tonight and they are as follows: The developer has provided a boulevard landscaping and entry monument plan. The landscaping proposed includes shade trees and evergreens in the boulevard of the new road and cul-de-sac, with shade trees uniformly spaced. The road is an extension of Heritage Lane. Gaffron noted there is a very narrow space between the edge of the road or the curb and the retaining wall. The City Council should consider whether this is an appropriate landscaping plan. 2. The developer is also proposing two different monuments: an entry monument that is seven or eight feet high with a wing on it. That monument is proposed to be located within the right-of- way. The City Council should determine whether it should be within the right-of-way or off to one side. Three additional individual address posts and mailbox posts are being proposed. The developer has also provided depictions of the proposed traffic control signage to be placed temporarily during construction. This includes the traffic management conditions as established in the preliminary plat approval. This signage is expected to remain during both road and new home construction. The restrictions on the construction include hours from 9 a.m. to 4 p.m., Monday through Friday. Some work is allowed on the weekends but not on holidays. There are further restrictions on the construction hours during the school year, with the hours being 9 a.m. to 4 p.m., Monday through Friday, and no weekend hours. During the summer months the hours for construction shall be subject to the City's regulations, which are Monday through Friday, 7 a.m. through 8 p.m., and on weekends and holidays 8 a.m. to 8 p.m. The intent with the parking signs is that all construction parking occur within individual properties or at least near the area of the new cul-de-sac being constructed to avoid any issues with parking for the neighborhood. There is also a 15 mile -an -hour speed limit for construction traffic. Trucks leaving are required to take a right turn and not a left turn as they are leaving Heritage Lane to go onto County Road 15. 4. Disposition of the existing cul-de-sac has yet to be determined. City Consulting Engineer Bob Bean, in his letter dated 9130116, indicates that if the existing cul-de-sac is removed, it would require extensive work to reconnect driveway and an existing manhole would be outside the remaining pavement in boulevard lawn area. Page 5 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 10. #15-3774116-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 (continued) His recommendation is to not remove the excess pavement and to leave the existing cul-de-sac as is. Staff has asked the developer to discuss this with the neighbors and the homeowners association to determine whether they have a preference for the cul-de-sac to remain or be removed. The existing cul-de-sac is substandard. Gaffron noted the City will accept the road and cul-de-sac extension as public upon completion of road construction and maintain this as public right-of-way. Similarly, the stormwater facilities, which will be constructed to serve runoff from the road and cul-de-sac, are on public easements and will be maintained by the City. Possible house locations as depicted on the preliminary plat and final plans are approved as located on the plans absent the need for average setback variances. The final plat approval resolution states that proposed construction of homes lakeward of those depicted sites may be subject to an average setback review process if Staff determines there might be an impairment of the lake views of adjacent lots. The final plat resolution declares that the extension of Heritage Lane is hereby open as a public road. The City Attorney and the developer's attorney have reviewed the Development Agreement and Declarations and they appear to address all topics required based on the Preliminary Plat Approval Resolution. Minor revisions to these documents may be made prior to filing. The resolution includes variance findings regarding the length of the cul-de-sac. Staff recommends that the Council adopt the revised resolution subject to Staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents. Filing of the plat and associated documents with Hennepin County will not occur until all specific requirements of approval have been completed. Cornick asked if the cost to remove the existing cul-de-sac would be borne by the City. Gaffron stated it would be Stars expectation that the cost to remove that would be borne by the developer. Levang asked if any comments have been received from the neighbors regarding the possible elimination of the cul-de-sac. Gaffron indicated the City has not received any comments but that Mr. Steadman has met with the homeowners' association president. Gaffron stated he does not know the result of that discussion or whether that was discussed. Michael Steadman, Developer, indicated he did meet with Steve Byrnes of the homeowners association last week to go over the protocols, the communications, schedules, the landscaping plan, and the signage. Also discussed were the two wings of the cul-de-sac. Steadman stated at this point his recommendation was to leave it as is since the lot across the street next to Mr. Libby has been sold and construction of a new home will be started. Steadman stated if those two wings are eliminated, in his view there will be a lot of congestion, but that he is open to removing it or keeping it as is. Page 6 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 10. #15-3774116-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 (continued) Steadman stated he would recommend leaving it given the construction of the new home and on the other lots that are part of this development. McMillan stated the question is what happens after the construction is completed and that it might be too early to tell at this point. McMillan stated the neighbors might also want to reduce it somewhat and leave some area for parking. Steadman stated they are open to removing it but that it may make sense due to the congestion that will likely occur in the fall to leave it for some parking options. Walsh stated based on his conversations, the neighbors would like it to remain at this point. Steadman stated they are open to any change after the fact as well. Printup asked if the revised resolution is different than what the Council was provided in the packet. Gaffron indicated the resolution matches what was e-mailed to the Council on Friday. The difference is the paragraph that discusses the variance findings regarding the road length. Printup commented he is concerned about any notification issues. Mattick stated the public hearing has already been held and this was discussed at the preliminary plat stage. Mattick noted the Council, in granting a variance, should make specific findings regarding any variances and that these findings go step by step in terms of what is required by the City Code. Walsh stated in regards to Item No. 1, it talks about extending the road access though the property to Shoreline Drive to serve the three lots and that it will require a variance to cul-de-sac length even greater than requested. After that language it says that it would have wetland impacts greater than what are proposed. Walsh asked if that is a documented finding or a Staff finding. Gaffron noted that was part of the preliminary plat discussion and that there will be impacts all along the existing wetland at that location given the width of the road. Walsh commented there seemed like there were a lot of conflicting reports and statements about where the road could go and that he is not comfortable in saying that that is the finding. Walsh noted the resolution further states that it would require revisions of the county road to create turn lanes and asked whether the City has documentation from the County that that is the case. Gaffron stated that also was discussed at preliminary plat and that there are comments from the County regarding that. The discussion at that time was that based on the location, there is no existing turn lane for the driveway but that there is an existing turn lane at Heritage. Walsh stated he does not agree with the language of the findings regarding the road length variance and does not want to make it a finding. McMillan asked if Council Member Walsh has some language he would suggest Page 7 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 10. #15-3774116-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 (continued) Walsh stated he would probably get rid of both of them and end the sentence where it says, to serve the three lots would require a variance to cu -de -sac length even greater than requested. Walsh stated the City does not have any true documentation or true findings backing those up and that he does not want to agree to a finding that the City does not have documented findings on. Walsh stated under Item No. 4 it says the lack of reasonable alternatives for access to the new lots is a result of topographic constraints due to steep slopes, the existence of bluffs, and the existence of wetlands which would be impacted to a greater extent by an alternative road option than those impacts which will be caused by the proposed road extension. Walsh stated he has the same issue with that and that he would strike that completely and come up with something else that is definable. McMillan stated to her understanding there were some bluffs and steep slopes. Walsh stated there are bluffs and steep slopes but that there was also another area on the east side of the property where the road could have gone, which was never really explored completely, and that he does not believe the can make a finding since they never went through that process. Walsh stated that was also part of the reason the neighborhood was not happy. Walsh indicated he would not be comfortable saying that finding. McMillan stated to her recollection there was some discussion about bluffs and documentation on that. City Attorney Mattick stated he understands Council Member Walsh's concern and that there was not an absolute study and there were conflicting opinions between the developer and the residents. Mattick stated it is ultimately up to the Council on whether that finding was met. Mattick indicated Staff can certainly change the language as it relates to that finding if the Council elects to do that. Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6683, a Resolution Approving the Plat of Tanager Estates, for the property located at 1700 Shoreline Drive, File No. 15-3749116-3867. Walsh commented he will not be voting in favor of the motion. Walsh stated he is still disappointed in regards to where it talks about the parking and the hours of construction. Walsh stated they had an agreement that everyone could live with but that was unilaterally changed at the last second by the mayor. McMillan stated she does not know what he is referring to. McMillan requested Council Member Walsh just speak for himself. Walsh stated he is speaking to the facts. McMillan stated Council Member Walsh needs to speak for himself. Gaffron asked if the Council is comfortable with the landscaping and monument plan, the traffic control, and signage. Gaffron displayed the proposed signage for construction parking. McMillan asked if the homeowners association had any thoughts regarding the signage Page 8 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 10. #15-3774116-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 (continued) Steadman stated in his view option one is preferred basically since it is easier to read. Steadman recommended the City Council identify which option they prefer. Gaffron stated what he has heard is the cul-de-sac will be left as is for now but could potentially be removed in the future by the developer. :McMillan noted if any changes are made to the cul-de-sac, the applicant will need to come back to Staff and receive the approval of the City Engineer. VOTE: Ayes 3, Nays 2, Printup and Walsh Opposed. 11. #16-3855 ERIC AND ANDREA LARSON, 640 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW Tom Goodrum, Westwood Engineer; Rose Lorsung, ReCreate Real Estate; and Andy Nelson, Westwood Professional Services. Gaffron stated the applicants are presenting a sketch plan for a 27 -acre property that is comprised of two tax parcels. The proposed development is for 25 single-family residential lots ranging in size from 15,000 square feet to just over two acres. All lots are proposed to be served by municipal sewer and water and an internal road system. The proposed plan would require rezoning from LR-lA, which is a two -acre lakeshore residential zone, to RPUD over a portion of the property. The proposed plan would also require an amendment of the Comprehensive Plan, as the properties are within Orono's defined Rural Area in which the minimum lot size for new development is two dry buildable acres. Gaffron indicated the areas depicted in red on the overhead are Orono's defined Urban Area and the areas depicted in green are the defined Rural Area. Those designations have been in place since at least the 1980 Comprehensive Plan and recognize the fact that Orono has developed in two different ways. The initial demarcation between urban and rural had to do with where the MUSA service is located, which has not changed significantly through the years. The property on the lakeshore is zoned for two -acre single- family and is currently guided that way. The Planning Commission reviewed the applicants' sketch plan at their September meeting and their comments are included in the draft Planning Commission minutes. Before the Council tonight is a section of the minutes that was requested to be revised by the applicant to be verbatim and has to do with the potential for changing the density. Gaffron stated as a sketch plan, the process does not require any formal action and is not noticed as a public hearing. There were many neighbors interested at the Planning Commission that provided oral comments at the Planning Commission meeting as well as written comments following that meeting. The City Council should consider the following: 1. The property is designated in the Comprehensive Plan as a defined Rural Area. The property has been zoned and guided for 2 -acre single-family development for many decades. Page 9 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) The current Land Use Plan guiding for Low Density Residential Use by suggesting a density range of 0.5-2.0 units per acre was established to reflect the various historic densities of development within the defined Rural Area but was not intended to direct that land historically zoned for two -acre lots should be changed to higher densities. The City specifically guided certain carefully selected properties for higher density in 2010 to meet Metropolitan Council goals. This was not one of those properties. Therefore, the proposed development is a significant departure from the historic planned development pattern for this site. 2. if higher density for a portion of the site is deemed to be acceptable, is the City Council comfortable with the 15-000-20,000 square foot lot sizes generally proposed in the RPUD portion of the site? Do these lot sizes provide a reasonable transition between the rural 2 -acre lots to the north and the variety of development types to the west and south? 3. Portions of the property located less than 250 feet from the creek or less than 250 feet from the ordinary high water level of Long Lake are not eligible to be rezoned to RPUD nor are they subject to flexibility in terms of lot standards. The applicants are requesting that these areas be included in the RPUD rezoning in order to allow flexibility due to the physical limitations of the site. 4. Due to the number of units to be served, the proposed overall density of development and the use of municipal sewer and water systems, it could be argued that the road system should be public. The applicants are prepared for the road to be private. The City Council should discuss the merits of this being a public or private road. The City Council should discuss whether this development should be required to create the RPUD standard 10 percent private recreation area and whether the proposed internal trail system would satisfy that requirement. Gaffron stated in regards to the Metropolitan Council sewered density analysis, the City has re- established enough buffer to allow expansion of MUSA services in areas historically guided for low densities. That buffer currently is large enough to accommodate either the applicants' proposed 25 -unit development or a 10 -unit development with 2 -acre lots. Development of 10 units will result in a greater decrease in the buffer than if it is developed with 25 units. Gaffron noted the City has received additional written comments that are before the Council tonight. Gaffron indicated the applicants have a presentation they would like to give to the City Council. McMillan asked Staff to provide some background on the 2000 Comprehensive Plan as it relates to 2 -acre sewered lakeshore lots. Gaffron stated in 2000, the City recognized that there were a number of areas of the City that were sewered but never rezoned or re -guided, such as Minnetonka Bluffs, Stubbs Bay Northeast and Northwest, or the Crystal Bay neighborhood. Page 10 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEAI\NE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) In those situations, lots were created around 100 years ago and later developed at a high density. The idea was that those properties would eventually obtain sewer but are still considered part of the rural area. Gaffron stated during the drafting of the 2000 Comprehensive Plan, the City realized there were areas around the lake that have not been brought into the sewered area even though they had been sewered. It seemed to be the logical thing at that time to eventually require every lakeshore lot be sewered. At this time approximately 95 or 97 percent of those lots have been sewered but there are still some properties that have not been. Those properties were brought into the MUSA in 2000, which allows them to be provided with municipal sewer. Gaffron stated the issue with that was that the Metropolitan Council was requiring that any newly sewered acres need to have a density of at least three units per acre. Gaffron stated the City, with its most recent Comprehensive Plan, agreed with the Metropolitan Council that those areas that are guided for low density would require the City to re -guide other properties within the City for higher density. As a result of the last Comprehensive Plan Amendment, the Eisinger site was guided for higher density as well as some other properties. The intent was to create a buffer in terms of the Metropolitan Council density calculation that is based on new development. In order for the City to allow certain properties to be developed as two acre lots and be sewered, other properties within the City have been reguided at a higher density. Gaffron stated based on that, the City was being proactive in providing the ability for existing large lots on the lakeshore to be provided with sewer and not be at the higher density levels that the Metropolitan Council would normally require. The Metropolitan Council has agreed with that. In addition, as a result on some recent developments, the City has reguided some areas in Navarre for higher densities, but the City still has the buffer in place to allow the low density lakeshore lots to be developed with sewer. McMillan noted even though this is not a public hearing, given the interest by the public, she will open the meeting up to public comment following the developer's presentation and Council feedback. Tom Goodrum, Senior Planner with Westwood Engineering, indicated he will go through their presentation, address some of the comments in Staff's report, and then answer any questions the Council may have. Goodrum noted the minutes of the Planning Commission were very thorough and that they provide a good background for what was previously discussed. Goodrum stated they have been looking at this property for three years now and that it is a very unique property. Goodrum noted it consists of 27 acres located on Long Lake, with Brown Road being on the other side of the property. In the surrounding area there are other two -acre properties in the Sugar Woods development, senior housing, apartment buildings, commercial uses, and downtown Long Lake, which is a pretty dense area. Goodrum stated they are taking the opportunity with this development to improve the natural amenities, complement those surrounding areas, and serve as a good transition site from the lake to the nearby residential neighborhood. Goodrum noted a sketch plan review is designed to take a look at the piece of the property and see whether the proposed development makes common sense, meets City goals and policies, and then allow for discussion on the design by the Council and the neighbors. Page 11 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Key points of the sketch plan include the following: - A design based on careful environmental analysis. - Conservation and restoration of natural features. - Maintaining the integrity of Long Lake by incorporating large lots along Long Lake and the north lot Line. - Complements the neighboring development to the west and south. - Will be served by existing sewer and water services. - Incorporating a low impact design. - Enhancing the wetlands on the site. Goodrum indicated they will be incorporating a lot of new technology and improvements that have not been done on the surrounding properties. Some of the development goals include high quality design/high quality homes, compliance with the City's zoning standards, environmental protection, preserving the character of the neighborhood, stormwater/phosphorus reduction by 85 percent versus 25 percent, and a rural designation/density. Goodrum noted they are more towards the lower end of the density for the Rural Area. Other people involved with the development include Rose Lorsung with ReCreate Real Estate; Todd Ullom, wetland expert; Gerald Duffy, Attorney -at -Law; Kevin Tcppen, Senior Site Designer, and Torn Miller, Stormwater Engineer. Goodrum noted their team is not new to the development process and that they understand the City's goals and want to incorporate them into this development. Goodrum explained their environmental protection plan includes wetland restoration of the degraded wetlands, cleanup of Dickey's creek, conservation of trees for view sheds, shoreland enhancement, lake water quality improvement, buckthorn removal, wetland invasive species removal, tree cleanup, and phosphorus removal. Goodrum displayed a picture of Brown Road and the existing topography along the perimeter of the property. Goodrum noted they will not be removing the trees along Brown Road and that it will look basically the same as it does today. Goodrum displayed a picture of the entrance to the Sugar Woods development and pictures of the interior of the property. Goodrum noted the development will occur in the non -wooded areas of the site, outside of the wetlands, and result in very little tree removal. Goodrum indicated they are proposing to have two acre lots along the lakeshore, and whether someone is on the lake or on Brown Road, it will look the same as it does today. Goodrum noted their plan has the following conformance to city policies: - The character of the area will not be altered due to the project. - The site abuts an urban area designation. - The site is within the MUSA and easily accessible to existing sewer and water. - The site is within the low density designation of Orono's land use plan. Page 12 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. ##16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) - There are several subdivisions within the Rural Area that are developed as similar densities. - The plan will provide better stormwater and phosphorus control than 2 -acre buildable area. Goodrum stated their request to utilize the RPUD is simply to create a transitional and environmentally improved development. Goodrum commented the City has approved RPUDs in the past when it makes sense and that it makes sense in this situation. Rezoning the entire site to RPUD would allow them to effectively develop a 27 -acre site to match the surrounding area and will provide the ability to create complementary but individually unique lots within the site and keep the entire site under the Rural designation. The RPUD would also allow them to utilize existing sewer/water services. Goodrum noted they are requesting the two -acre lots also be included in the RPUD. Goodrum stated in order to meet the City's zoning codes, they would need to remove the existing pool, but by relocating the lot line under the RPUD, that pool would be allowed to remain. Goodrum indicated they are fine with the road being either private road instead of public. Goodrum noted the two -acre lots are to help prevent phosphorus runoff and meet the character of the neighborhood. Goodrum noted they are also proposing density for the entire site that is in the middle of the City's rural density. Other elements to the plan include the following: - The utilization of conservation principles. - Complements the Sugar Woods development. - Uses conservation principles. -Rural density within the site at .93. - Utilizing existing urban services - Improving runoff and water quality. Goodrum noted the Sugar Woods development has five lots along Brown Road and that they are proposing six lots. Goodrum stated in their view they have an excellent transitional development within a 20 -acre site. Andy Nelson, Westwood Professional Services, stated they placed a high importance on stormwater management. Some of the goals were to meet the requirements of the Minnehaha Creek Watershed District, which included runoff rate control, runoff volume control, and treatment of runoff to protect Long Lake. In order to accomplish those goals, a conservation stormwater design was created to exceed the goals of the MCWD. The tools used were a stormwater pond with irrigation reuse, sand iron filtration basins around the ponds, rain gardens, and pervious paver driveways. Nelson displayed a picture depicting the rain gardens, pervious pavers, and stormwater pond. Nelson noted the rain gardens will help provide treatment of runoff as well as provide an amenity to the property. Nelson pointed out their conservation design will exceed the goals of the MCWD and will reduce phosphorus by 87 percent over existing conditions and 25 percent over the standard MCWD design. Page 13 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) McMillan asked what kind of maintenance the sand iron filters will need in the future. '_Nelson indicated they are predicting 25 to 30 years lifespan for those. McMillan asked if there is any annual maintenance required. Nelson stated they would require some cleanout periodically. McMillan asked if they have been in existence for a while. Nelson indicated they have been in use for five to ten years and that the sand benches have been found to be the best for phosphorus removal. Goodrum stated he has been doing conservation planning for 30 years and that he has traveled with the DNR across the state promoting conservation development. Goodrum noted Carver County is now requiring the iron filtration. Goodrum noted their plan proposes an 87 improvement in phosphorus removal compared to MCWD's 25 percent, which is a huge difference. Goodrum stated meeting the goals of the management plan is their number one goal and that they can exceed the standard goals with new technologies. Goodrum displayed a color rendition of the types of homes that would be constructed on the site. Goodrum stated the property has been zoned and guided for single-family. Goodrum noted they are not attempting to cram a bunch of homes on the site and that it complements the surrounding area. Goodrum stated he would like to now address a couple of points addressed in Staff's report. Goodrum noted the property has been guided and zoned for two -acre single family, with two acres typically being needed for stormwater prevention and septic sites. Goodrum noted they do not require two acres since the lots will be utilizing city sewer and water but that they will not be asking to rezone it to a higher density. Goodrum stated as it relates to lot size, rezoning it to an RPUD will allow a mixture of lot sizes on the site and that an RPUD is already considered by the City as an acceptable type of development in certain areas. Goodrum stated in their view RPUD is acceptable for this site. Point No. 3 in Staff's report relates to the 250 feet from the creek or the ordinary high water level. Goodrum noted they are proposing two acre lots within the 250 -feet, which meets the City's code requirements, and that the only exception is slicing off the swimming pool. Goodrum indicated they are okay with it being a public road as well as the 10 percent private recreation area. Goodrum stated overall they are meeting City Code requirements. McMillan stated she had a question about enhancing the creek and wetlands in the less dense areas. McMillan asked what is being proposed for the less dense areas for enhancements. Goodrum pointed out in the northwest corner there is a large wetland area which is currently degraded Page 14 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. 416-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Goodrum indicated they will be cleaning that up by removing the cattail seeds, removing invasive species, restoring the banks, and re-establishing the wetland. Goodrum indicated there are a number of techniques that will work and that they have spoken with the Watershed District regarding that. Nelson stated they will restore the wetland back to its original condition. Nelson stated cattails are not original to wetlands and that those will be removed. McMillan asked what will be done to the creek area. Goodrum stated there are a lot of dead and fallen trees and buckthorn that will be removed McMillan asked if any natural vegetation will be planted. Goodrum indicated they will be planting some native vegetation or grass McMillan asked if the creek has an erosion problem into Long Lake. Rose Lorsung, ReCreate Real Estate, stated they have performed a full wetland delineation and that they are currently developing a plan in conjunction with the Watershed District for enhancing the wetlands. Lorsung noted the MCWD has analyzed the site using aerial photos and at one point the MCWD has said that most of the wetlands on the site are Class I or Manage I. Lorsung stated according to their field work, almost every wetland on the property is severely degraded, especially the wetlands that are adjacent to the creek. Lorsung stated their plan is to go from a Manage 3 class, which is what they were in the field, and bringing them up to a Manage 1. Lorsung stated one of the overall goals of the development is to have a low impact development which will include enhancing all the wetlands on the property by utilizing natural grasses, creating retention ponds or rain gardens, and removing buckthorn. Lorsung stated the current state of Dickey's Creek is part of the problem and that they have a huge opportunity with this development to improve that. Council Member Levang asked what people will see different about the wetlands five years from now. Levang asked if the enhancements will bring back wildlife to the area. Lorsung stated part of the management class of wetlands concerns the habitat and wildlife. Lorsung stated what usually happens is the contractor will go in there, dredge it out, which will remove what should not be there, and then plant the correct vegetation. Lorsung stated the homeowners association will need to maintain that over time or there will be penalties for that. In addition, signage will be erected and routine maintenance will need to be done. Lorsung indicated as part of the application, they will be taking before and after pictures, but since they are still in the early stages of the development, they have not done that yet. Lorsung stated following the restoration, it should be visually beautiful as well as enhancing it for the wildlife and improving the water quality. Goodrum stated there will also be buffers in place as well to protect the wetlands and creek. Those buffers will meet the standards of the MCWD and the City of Orono. Page 15 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Goodrum noted those buffers will also enhance the wildlife corridor. Goodrum stated they understand that as part of the development they will be required to clean up the wetlands and re-establish the slopes, and if there are problems with the wetlands currently, they will be remedied as part of this project Council Member Printup asked if the City could request some kind of environmental cleanup regardless of the type of project that is developed on the site. Gaffron indicated that would be part of the City's Conservation Design process and through that the City would expect that the developer identify all of those features that need to be cleaned up or restored. McMillan stated regardless of the density, the City will want to work with the Watershed District to improve the area and that this is a huge opportunity to clean up the creek and the runoff to the lake. McMillan stated as part of the Lakeview development, the City worked with the developer and they ended up changing the wetland credits, which awarded the developer for his conservation efforts to protect the water and wildlife. Goodrum noted under an RPL'D, the City has more control over what is done than what is required under standard zoning. Printup indicated he is okay with not rezoning or not amending the Comprehensive Plan. Printup stated what the developer has presented is nice but that he is not in a position at this time to start making changes to the City's Comprehensive Plan. Walsh stated he had an opportunity to meet with the developer prior to tonight and that they have presented a very nice plan. Walsh stated in his view this is a good time where the Council may want to look at the reason why the City should have public hearings for sketch plans. Walsh stated the citizens were put off a little bit at the Planning Commission because of the lack of notice regarding the development and that the City might want to change that since it will be an opportunity to obtain public comment prior to a lot of work being done. Walsh noted the developer talked about density ranging from half an acre to two acres and that the density will have an impact on the Metropolitan Council's calculations. Walsh stated he would be more comfortable staying with the current density but that he would like to know what the feedback is from the neighbors. Goodrum stated one thing about the ordinance is that it is silent on the type of development being proposed tonight. The ordinance talks about two acre lots in the rural area where there are septic sites. The ordinance also talks about lots that are served by public utilities, which can be at a smaller size. Goodrum stated what it does not talk about are lots in rural areas that are served by septic. Goodrum stated historically the City looked at developments and kept the two acre sites, but that they may want to relook at that. Goodrum noted there are new techniques to improve areas that address those questions. Page 16 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Goodrum stated they appreciated the comments from the neighbors and that they have listened to their comments at the Planning Commission meeting. Goodrum noted they did take a look at the traffic as a result of those concerns expressed and that they have been reassured that what this project does is not going to negatively impact the character of the surrounding properties. McMillan stated she appreciates the fact that they kept it at two acres within the 250 -foot area. McMillan noted the City has given a lot of thought on how to mitigate the higher density piece. McMillan stated the longer she lives here, there are more people saying they would like smaller lots since they do not want to maintain a 2 -acre lot. McMillan noted as part of the Lakeview development, 60 acres were placed into conservation, which will be maintained by the homeowners association. McMillan stated she also appreciates the time and energy they have put into the plan but that there are some difficult situations in the northeast section given the contour of the lake. McMillan indicated she is not a big fan of having a lot of cul-de-sacs in a development like this, and given the way the lakeshore is, it makes it difficult to carve up the lots without a road going in there, which will have a lot of impact. McMillan commented she cannot get comfortable with the current design and that she would encourage them to stay with the two acre lots. McMillan stated if they want to pursue an RPUD, she would encourage them to bring it back as a sketch plan. McMillan stated they are right about clustering on the south and west sections, but given the sensitivity with the creek, they really need to keep this as a two -acre development. McMillan noted two acre sewered properties are very valuable since it allows for more of the property to be used and enjoyed. McMillan stated she appreciates the developer attempting to mitigate the density, but putting a lot of mechanical stormwater equipment makes her nervous since it will need to be maintained properly after the property is developed and the developer is gone. McMillan indicated she would rather have nature make it work. Goodrum stated he appreciates the comments but noted they are looking at an 87 percent improvement in the runoff. Goodrum noted if they went with two acre lots on the entire property, the road would be the same, and that he does not see a lot of change by going with a straight 2 -acre zoning. McMillan stated with an RPL'D, they could have bigger lots by the lake and perhaps some smaller lots by Brown Road. McMillan stated they could consider perhaps having some 3 -acre lots by the lake and 1 -acre lots by Brown Road. McMillan stated that would be a way to get rid of the cul-de-sac road. Levang stated it is a beautiful piece of property, but how it is currently laid out seems to be too tight, too clustered, and that in her view a better plan can be created. Levang stated in her view there are better options and that larger parcels are still very highly valued. Levang stated if the entrance into the development consists of the smaller lots, the larger lots may be harder to sell. Levang stated she also is not happy with the rain gardens since most people do not know how to maintain them. Levang noted there are examples in the City where rain gardens have been done and the residents do not realize they require work and regular maintenance. Levang stated she understands they can cover that in their HOA documents, but that there are a lot of rain gardens proposed and that she is not sure the residents are going to do what the developer might think they are going to do. Page 17 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Levang indicated she is not afraid of new technology but that it would be good to have documentation on how the newer technology has functioned. Levang stated she would like to see more cohesion between the plan and that there seems to be three different areas. Levang stated she likes the fact that when someone drives down Brown Road, they will only see the two monuments and then nothing but trees. Levang stated in her view it would be a good idea to maintain that. Levang stated while it is not a terrible plan, she would like to see a better plan. Goodrum pointed out the green is basically the front yard and the yellow depicts the pervious pavers on the driveway. Goodrum stated even though they have separate colors on the sketch plan, there is a nice cohesiveness to the development and that it will blend into a natural neighborhood. Council Member Cornick stated he is uncomfortable with the density. Matt Duffy pointed out a lot of the technologies that are being proposed are tried and true and are not a shot in the dark. Duffy stated he understands the concern with the rain gardens but that there are cities where they have been implemented and work very well. T Duffy stated the reason why the development is as dense as it is is because the proposed improvements cost money. At the end of the day, when the improvements are done around Dickey Creek, there will be an improvement in the lake water. Duffy stated the density drives those improvements and that they are not asking for anything that is not already in the City's ordinances and that the development is consistent with the area. Duffy stated the property is unique from the standpoint that it provides a very fundamental opportunity to improve the lake water in a -cutting-edge way and that it will be an example to other developments on how to improve lake quality. Duffy stated from their perspective, it matches and creates a very cohesive plan with the other neighborhoods and amenities around the site. McMillan stated it appears that the density is the biggest issue. Levang stated she would like to hear from the neighbors on how they feel about the water quality and preserving the character of the land and the neighborhood. McMillan noted once the natural features are preserved, it will change the layout of the lots depending on how extensive the enhancements are. McMillan asked if Staff has had any discussions with the Watershed District regarding this development. Gaffron stated he had a phone call with the Watershed District this afternoon and that they indicated they have not visited the site and have not really had any discussions with the applicant. Gaffron stated a notice of decision has not yet been submitted and his understanding is that the Watershed District has not done much analysis of the property. Page 18 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Gaffron stated it is possible they could have had discussions in the far past with the applicant but that he got the impression that the Watershed District has not had an opportunity to really visit the site. McMillan stated on the Lakeview development, it was very beneficial to have the Minnehaha Creek Watershed District involved right from the start and that is something that should be pursued with this development since it is really hard to come in after houses are built to add stormwater improvements. McMillan noted the City did give some credit on Lakeview for the enhancements and that she would encourage the developer to reach out to the Watershed District in the near future. McMillan stated based on the comments so far, she does not see the Council being in favor of this plan, but that she would ask for any additional comments from the neighbors that have not already been discussed. Tim Adams, 1810 West Farm Road, stated he moved to his property 47 years ago. At that time the area had hills, woods, streams, and wetlands, which are all the characteristics that are unique to Orono. Adams stated the applicants are blessed with the same topography. Adams stated the concern with Long Lake is not unique and that he can remember sitting and worrying about water quality, stormwater runoff, and how it should be handled. In 1974, Adams indicated he became the developer of the farm along with John Hartwell. At that time they had two objectives: One was to preserve the natural features but also to live within the existing zoning and Comprehensive Plan of Orono, which basically required two acre lots and open spaces. Sewer was an important guide to that but it was not the only reason for two acres. Adams stated 42 years later, he believes they have had a successful development. They created 24 lots on 70 acres, which is over three acres per lot. Adams stated someone could say he was not too profitable, but that is what it takes. Each lot has a conservation easement and there were no changes to Orono's Comprehensive Plan, zoning or city ordinances. In addition, Long Lake was protected with ponds and streams and the open spaces and views were protected. Adams stated they met the standards for private septic systems required for rural areas and since that time three of the lots along the lakeshore have bought some of the extra sewer units. Adams stated from 1979 to 1986, he served on the Planning Commission and City Council for Orono, and the benefit of that was to see enforcement of these principles. Adams stated in the Power Point presentation they submitted, they took 52 lots that add up to approximately 180 acres that were developed in those neighborhoods. Those properties include lots in Homestead, Salem Court, Dickey Lake, Shadow Wood and other properties along Brown Road North. The average size of those lots is approximately 3.5 acres. Adams stated with this sketch plan there are really two development concepts. The first concept is one that they could come to love as a neighborhood, which is six lots on 10.9 acres or one unit per 1.8 acres. Adams stated he sees in this plan a lot of things that he and Jeanne Mabusth worked on while they served on the Planning Commission, which was to protect the wetlands, creation of buffer lots, which are the two acre lots, protection for the neighborhood, and protection of the lake. Page 19 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Adams noted the developer is proposing to use city sewer and stormwater management, which is a good idea. Adams stated there are a lot of good things about that first concept and helps create a buffer around the edge. Adams stated the balance of the property has higher density, with 19 lots on 10 buildable acres, which is 1.9 units per acre. Adams noted that is not rural density. By the consultant's own calculations, half the property will have one house per two acres. The other half will have two hours per one acre. Adams noted that is four times the density allowed and not twice the density. Adams commented half of the project is great but the other half is not characteristic of Orono. Adams stated this is not the type of neighborhood they have lived in for 47 years or any of the other nearby residential developments. Adams stated the only way the developer can meet the rules is to change the rules and the neighborhood does not think the rules should be changed. Adams stated the neighbors would like to keep the 2 -acre lot sizes and that they would ask the City Council to give direction to the property owners to live within Orono's existing zoning and Comprehensive Plan requirements. There were no further public comments. Gaffron noted as a sketch plan, no formal vote is required by the City Council. Gaffron indicated the applicants may go ahead with a formal preliminary plat application but that it appears the City Council felt there needs to be something different than what is currently reflected on the plan. Gaffron stated the applicants are able to propose something different and bring it back as a sketch plan if they choose. (Recess taken from 8:56 p.m. to 9:05 p.m.) 12. #16-3865 CITY OF ORONO TEXT AMENDMENT RELATED TO APPEALS AND APPEAL TIMELINESS — ORDINANCE NO. 178 Community Development Director Barnhart noted this was reviewed as a housekeeping measure back in August. The ordinance consolidates the appeal process as well as adds a timeline for when an appeal is made. Under the proposed language, a person would have ten days to appeal a decision. Currently there is no timeline for when an appeal can be made. Staff and Planning Commission recommend approval of the ordinance. McMillan asked what the appeal fee is. Barnhart indicated it is included in the City's Fee Schedule, which is reviewed on an annual basis. Walsh stated typically when language is drafted, there is an affirmative as well as a negative. Walsh noted the language states that an appeal must be filed no later than ten days after the decision, and that he would add the language stating, or you lose your right to appeal. Walsh stated there is currently nothing that actually states that. Walsh noted that would encompass Section 1, Section 3B, Section 4A, Section 10, Section 13B, Section 82-51, Subsection 1 and Subsection 2. Page 20 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 12. #16-3865 CITY OF ORONO TEXT AMENDMENT RELATED TO APPEALS AND APPEAL TIMELINESS — ORDINANCE NO. 178 (continued) Mattick indicated Staff can add that provision, which is if an appeal is not filed within ten days, a person would lose their right to appeal. Barnhart stated the appeals are based on a formal application and a formal written denial. For an issue where Staff denies a permit, that is usually written into the denial document and the applicant is provided that information. McMillan asked if it is the same fee on every type of appeal. Barnhart stated they are all established by the Council and that there is currently a $50 fee for administrative appeals. Barnhart noted appeals of a zoning decision are more than that but that he does not have that information in front of him tonight. McMillan asked whether decisions of the board on appeals are binding. Barnhart stated the applicant may appeal a decision of the board or Staff to the City Council, but that they would need to file that appeal within ten days. Printup moved, Walsh seconded, to adopt ORDINANCE NO. 178, Third Series, an Ordinance Amending the City Ordinance Pertaining to Filing of Administrative, Zoning, and Subdivision Appeals, with the clarification that if an appeal is not filed within ten days, a person would lose their right to appeal. VOTE: Ayes 5, Nays 0. MAYOR/COUNCEL REPORT Walsh commented the Long Lake Fire Department event was a good time and that there was music, food, and different activities for the kids. Walsh stated the second item he would like to raise is a little more serious and that he would like to get a consensus of the City Council. Walsh stated it has come to his attention that an appointee of the Council, Gabriel Jabbour, who has been at the podium a number of times and has constantly attacked him, has gone on a personal attack against him by name calling to some --enior staff of Orono. Walsh stated if someone is an appointee of Orono, that is a privilege and not a right and that they should be holding her or himself out as someone who is representing the City. Walsh stated conduct unbecoming, such as that person calling him a criminal or anybody else on this Council or other City Staff is inappropriate. Walsh stated he would like included on the next Council agenda in October a discussion about the removal of Gabriel Jabbour as Orono's LMCD representative based on conduct unbecoming of an appointee of the City Council. Page 21 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) McMillan noted there have been a lot of personal attacks going back and forth. McMillan stated Gabriel Jabbour is a former mayor of Orono, a former council member and a former Planning Commissioner and that he has put a lot of effort into the City. McMillan stated Mr. Jabbour is very passionate about his views. McMillan stated while Council Member Walsh may be coming at this as something personal to him, she also has been feeling personally attacked. McMillan stated she has seen on Council Member Walsh's Facebook page where he is calling her a queen who dictates whatever at her whim. McMillan stated she also has read on social media where Council Member Walsh is disparaging her. McMillan stated the personal stuff has been going on for a while, but that now it is coming at him, all of a sudden he wants to do something about it. McMillan stated Gabriel Jabbour has done an excellent job as LMCD representative and that she is not in favor of removing him. Walsh stated he can appreciate the fact that he is an elected official and not an appointee. Walsh stated he is talking specifically about an appointee that reports to the Council who goes to a senior level person in the City and calls him a criminal. Walsh stated that person has told other people the same thing and that in his view it is not something that can be condoned as a Council or by any senior staff that would have that happen to them by an appointee that represents the City. Walsh stated if Mayor McMillan does not agree that that is a problem, that is her right, but that he is bringing it up because he believes it is a problem. Walsh stated he would care if someone said it about Mayor McMillan, Council Members Printup or Cornick, and that an appointee of the City should not be disrespectful. Walsh questioned where it would end if they cannot get respect from an appointee, and that in his view it needs to come to a discussion so the Council can vote on it. Levang noted Council Member Walsh has said to her in this room that a certain vote was a chicken shit vote, which is unreasonable. Levang stated Council Member Walsh now expects her to take a personal issue that he has with Gabriel Jabbour and make it the business of the City. Levang noted Council Member Walsh has also said disparaging things to Council Member Cornick and called his votes tainted and has disparaged City Engineer Adam Edwards. Levang stated they have all taken that from Council Member Walsh, but because Mr. Jabbour has allegedly said something outside of this chamber about Council Member Walsh, he now wants to vilify him. Levang stated that is his personal issue and he should handle it personally and not bring it into this room. Walsh stated the problem is that he did not bring it into this room but that it was brought into the room. Levang stated it was brought up by him. McMillan stated he does not know if he has consensus for his request. Cornick stated they are elected officials, and given that position, they should expect to sit up at the dins and take everything they get from any direction. Cornick commented it is part of their j ob, and that if someone disagrees or does not like him, he has thick skin. Cornick stated he does not feel it is a reason to retaliate against someone. Page 22 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) Walsh stated this has nothing to do with retaliation and that he takes offense if that is what he thinks is going on here. Walsh indicated he is talking about the body of the City Council and that in his view an appointee disparaging someone on the City Council to a senior staff person is inappropriate. Walsh stated if the Council does not think that is a problem, they should go on the record stating that it is not a problem. Walsh stated if someone did it who was an employee of his, they would be fired right away. Walsh stated he is bringing it forward because it is conduct unbecoming of an appointee. Cornick stated in fairness to Gabriel Jabbour, he was not acting as the City's appointee but was acting as a citizen of Orono and that he talked during the public comment section of the agenda. Walsh stated he is talking about comments he made to the fire chief where he was speaking about a specific issue dealing with the fire boat. Walsh stated Gabriel Jabbour stated to the fire chief that if he gets in bed with Denny Walsh, he is getting in bed with a criminal, which is conduct unbecoming of an appointee of the City. Walsh stated that does not show that he is respectful of the Council or that he is representative of the City of Orono. Levang questioned Council Member Walsh's behavior and the way he has treated other members of the Council. Levang stated there are also comments that he has written about the Mayor. Walsh stated he cannot help their votes or the fact that he feels they have made poor choices on their votes. McMillan noted Council Member Walsh does not have consensus and that the Council will move on Levang reported the Park Commission met last week to prioritize their work for 2017 and that they will be making a presentation about that soon to the City Council. Levang stated the Navarre Initiative met last week to wrap up their work on the Navarre Festival and that they are continuing to receive positive feedback about the event. The festival also received very good coverage in the newsletter. Printup commented the Long Lake Fire Department Block Party was a successful event and lots of fun. Printup noted starting next week there could be some congestion along Old Crystal Bay Road due to the work that will be done on the bypass. Printup stated he would encourage an increased police presence as well as carpooling. Walsh stated he would like to express his condolences and best wishes to Jim Anderst, the owner of the Narrows in Navarre, who recently suffered a bad motorcycle crash. Walsh stated he would like to wish him a speedy recovery. McMillan stated she has been thinking about the sketch plan process and that in her view the City should look at the process in November at the joint work session and have Staff research how other cities handle sketch plans. McMillan stated one option is to maybe send out a postcard with an e-mail address where members of the public can send comments. McMillan stated with developments where there is a radical change being proposed, the neighborhood would like to be able to provide input. Page 23 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) McMillan stated she can understand the idea of giving the developer a chance to present their idea without having a lot of interference from the neighborhood but that it is a big thing for the residents and they would like to be heard. McMillan stated another option would be to erect a sign up along the road saying sketch plan proposal. McMillan stated she would like the City to take a look at that in November and what other cities are doing. McMillan stated as more and more of these developments come up and the proposals are radically different from what the property is zoned for, the City should perhaps have a more inclusive approach right from the get -go. CITY ADMINISTRATOR'S REPORT 13. AGENDA TOPICS OR REQUESTS City Administrator Loftus stated she added this item on the agenda because it has come up as a concern or a question from time to time as to how items get included on the City Council agenda. Loftus stated if the Council is unsatisfied with how it is currently being handled, there are a few options to discuss, such as adding a new business section or discussing how to use the mayor/council reports. Loftus noted this is not really an action item for the Council but that Staff is looking for some direction on how they would like to proceed. Levang suggested discussing this item in a work session. Levang recommended Staff provide some history and background on what happens in other cities and what Staff feels is best for their work load. McMillan stated she is okay with adding a new business section toward the end of the agenda. Printup commented that is not too unusual. Levang stated she would like to see some parameters placed around that and that it is helpful to have a Staff report on the item. McMillan stated in the past under mayor/council report they attempted to try to get a consensus without a formal vote. McMillan stated since they have been struggling with that, a new business section would be a way to formalize it but that she would like to ensure it does not become any council member's special project list. Printup stated what he has struggled with is trying to get clear direction on how someone can raise a topic for future discussion. Printup stated he is looking for a place to talk about something to give it that starting point but that it does not necessarily need to be in the form of a motion. Printup stated it could be a consensus to discuss it further in the near future and then everyone will know whether there is going to be a discussion on it in the future. McMillan stated some parameters on a new business section would help to keep it from becoming political and also prevent someone from forcing a vote that same night or requiring Staff to change their work load in order to deal with it right away. Page 24 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 13. AGENDA TOPICS OR REQUESTS (continued) Walsh stated he does not have a problem with the new business section but that he is wondering whether there should be any limitations on it. Walsh stated he does not want to put any limitations on the minority to have those votes if they feel it is necessary. Loftus stated a new business section is not an uncommon thing on agendas but that the definition of routine does not always fit when there is a split council. Loftus stated the Council can definitely talk about it at a work session if that is what they would like to do and that she knows it has been a regular discussion item from individual council members. Mattick stated every city does it differently and that sometimes there is new business at the end where the Council can vote or there is direction to have Staff put it on the agenda when they can. Mattick stated how much feedback is needed from Staff or how much work is involved will impact the turnaround time. Printup stated in his view it is a good start. Loftus asked if the Council would like to start out by adding a new business section to the work session agendas. Printup commented that might be a good idea. Loftus stated that would allow the Council and Staff to develop some parameters first before placing it on the regular City Council agenda. Walsh stated that would still limit his ability to make a motion during the mayor/council report and that it would be limiting their ability to talk about subjects that might be important. McMillan stated if the Council does this, she would like them all to agree that this is not going to become a political wedge between the majority of the council and the minority in order to get votes on the record. McMillan stated if they are going to bring up new ideas, that's fine, but that they should try not to drop a bombshell and put people on the spot by requiring them to make a decision immediately. McMillan stated she would like it to be a respectful process and that she wants to work as a team. Loftus stated some of the items brought up do not rise to a priority level and that it would be important at the goal setting meeting at the beginning of the year that the Council come to those decisions together. Loftus stated those priorities give the Council a plan for the year and she hopes the Council continues with that. Printup stated discussing new business at the work session is a good start. Walsh stated having it as a specific topic at a work session is fine but that he does not want to limit what can be done at a City Council meeting. McMillan stated it is how something is presented to fellow Council Members. McMillan noted she has been in the minority in the past on the Council but the idea of using some type of vehicle in which to force votes to create a record is not respectful of the process. Page 25 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 1:0, 2016 7:00 o'clock p.m. 13. AGENDA TOPICS OR REQUESTS (continued) Walsh stated it is the process. McMillan stated it depends where on the agenda the motions are brought up. McMillan noted until recently the Council did not make motions during the mayor/council report. McMillan stated to her recollection a motion was brought up once in 2011 but that it was not a routine thing. McMillan stated she would like everyone to be respectful of the process and be team members. Walsh stated it is all part 9f the process and that she should not be trying to dictate what the process should be. Walsh stated the process works. Levang stated she would disagree that the process is working. Cornick stated he does not think the Council should do anything until 2017. McMillan stated she is okay with waiting as well. Loftus stated Staff will place this on the October work session agenda. *14. APPOINTMENT OF ACCOUNTANT Levang moved, Printup seconded, to approve the appointment of Danielle Amira to the position of accountant at the starting step of Level 10 of the pay scale with a starting date of October 17. VOTE: Ayes 5, Nays 0. *15. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Mattick reported the judge ruled in favor of the City in the fence viewer litigation and that he has received a notice of appeal regarding the awarding of attorney fees to the City for the original windmill lawsuit. Mattick indicated he will file a response when appropriate. ADdOL U MENT Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 9:30 p.m. VOTE: Ayes 5, Nays 0. ATTEST: 1Dianc Tiegs, City Clerk Page 26 of 26 Ja -1,7-e KkaL- Lih Tod McMillan, Mayor