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HomeMy WebLinkAbout11-10-2014 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 1 of 31  ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Cynthia Bremer, Lizz Levang, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Andrew Mack, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Attorney Soren Mattick, Public Works Director/City Engineer Adam Edwards, Consulting Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m. McMillan thanked all the veterans for their service, followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 14 and 16 were added to the Consent Agenda. Bremer moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION OF OCTOBER 27, 2014 Bremer moved, Printup seconded, to approve the minutes of the Orono City Council work session of October 27, 2014, as submitted. VOTE: Ayes 4, Nays 0. *3. REGULAR CITY COUNCIL MEETING OF OCTOBER 27, 2014 Bremer moved, Printup seconded, to approve the minutes of the Orono City Council meeting of October 27, 2014, as submitted. VOTE: Ayes 4, Nays 0. LMCD REPORT – ANDREW McDERMOTT, REPRESENTATIVE McDermott noted the boating season is over for the year and that all of the harvesting equipment has been put in storage. The LMCD is currently working on final reports regarding the milfoil harvesting and other items, which will be provided to the City Council in the coming months. The LMCD will only be meeting one time in November and one time in December. McDermott noted this Wednesday there is a public hearing scheduled on the possible creation of a no- wake zone. McDermott pointed out on the overhead the area that the LMCD is considering for a no-wake zone, noting that there is a portion in Orono. A number of comments have been received from Orono residents both for and against the no-wake zone. The meeting will be held at the Wayzata City Hall and all comments will be on record. McDermott indicated it is unlikely the LMCD will make a decision on the no-wake zone at that meeting. McDermott stated he has nothing else to report. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 2 of 31  PLANNING COMMISSION COMMENTS – DENISE LESKINEN, REPRESENTATIVE Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Dennis Walsh, 1354 Rest Point Circle, stated he appreciates the public comment portion of the meeting since it gives the residents an opportunity to discuss items that are not on the Council’s agenda. Walsh stated he has noticed over the last number of meetings that there has been some trouble with people being able to speak before votes and motions are taken. Walsh stated the reason the City has the public comment portion is to talk about things that are not on the agenda and that the public should be given a better opportunity to talk about items that are on the agenda before any motion or vote. Walsh noted he has had conversations with the Mayor about this and that the Mayor has disagreed that she needs to ask for public input. Walsh indicated the Mayor has not provided any explanation for the reason why she does not need to ask for public input on agenda items and that in his view the City Council should not be able to limit public input on agenda items since the public comment portion of the meeting is really the only time the public has a chance to comment on something. Walsh stated the solution is that the Council adopt and acknowledge the fact that this is a public meeting and that the City Council will ask for public input before any motion or vote on all agenda items. Walsh stated in his view he should not have to say that is how it should work and that there should be rules and procedures in place to allow the public to have input on applications. Walsh stated he hopes the City Council will think about that. PLANNING DEPARTMENT REPORT 4. #14-3669 MARK AND KRISTEN ANDERSON, 3850 WATERTOWN ROAD – REVISED GRADING CONDITIONAL USE PERMIT PLAN City Planner Curtis stated in June of 2014, the City Council approved a conditional use permit allowing grading and filling activities on the property located at 3850 Watertown Road. The conditional use permit authorized deposition of approximately 10,000 cubic yards of fill material on the lot with conditions, including an optional review by the Planning Commission and City Council as needed as well as conformity with the requirements of the City Engineer. Over the duration of the project, the number of trucks hauling material and equipment has resulted in a number of phone calls to the City. Staff reviewed the haul routes and redirected the route over County Road 6 and Watertown Road. The property owner’s contractor has made repairs to damaged areas of Watertown Road and a final repair of damage will be conducted by the City and paid for by the property owner. Upon inspection of the amount of material and disturbance area on the site, it was found that it exceeded the extent of the approved plan. At that time Staff requested a revised plan for review. According to the property owner, the actual amount of material brought to the site is 17,000 cubic yards, which is an increase of 7,320 cubic yards or 1.7 times the approved level. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 3 of 31  (4. #14-3669 MARK AND KRISTEN ANDERSON, 3850 WATERTOWN ROAD – REVISED GRADING CONDITIONAL USE PERMIT PLAN, Continued) According to the property owner, the purpose for the property was to create a more level, evenly sloped pasture area. The property owner provided a project narrative in which he describes the use of existing black dirt from the site as top soil for the filled areas, which resulted in the expanded disturbance area that was not initially contemplated. The combination of the illegal filling within the wetland area and the expanded disturbance area resulted in a stop work order being issued by the City and remains in place. At this time the material hauling has been stopped, erosion control fencing has been erected, and a cover crop for winter protection has been planted to prevent erosion of the newly graded slopes. Currently Staff is working with the Watershed District, the Minnesota Pollution Control Agency, and the property owner to develop a plan which meets the property owner’s project goals, is within regulatory parameters for all regulating agencies involved, and addresses the concerns of the neighbors. Curtis stated this project and another grading project earlier this year has resulted in Staff developing a process for review and oversight of grading permits in excess of 500 cubic yards, which is the conditional use permit threshold. This would involve, at a minimum, a preconstruction meeting to allow for a face- to-face discussion about the approved plan, expected inspections, haul routes and other important permit requirements between all parties before the project starts. Preconstruction meetings are currently used for City projects, subdivisions, etc., but Staff feels that incorporating them into the grading permit process should minimize or eliminate most of the issues the City has recently encountered. Curtis stated the applicant’s revised proposed plan and comments from the consulting city engineer have been provided to the City Council tonight. The neighbors have engaged an engineer to review the proposed plan on their behalf and those comments have been provided. David Martini indicated he has been working with the property owner, City Staff, the Watershed District, and the MPCA. As this project has evolved, a lot of concerns have been raised and Staff has been working with regulatory agencies to evaluate the current state of the project and the revised plan. One issue is the wetland on the site and a question as to where exactly the delineated wetland is. The MCWD and the MPCA are concerned that fill has been put in the wetland. The revised grading plan proposes to regrade the project area and remove the material out of the wetland. Based on Staff’s meeting with the MCWD, at this point the City is letting the Watershed District and the MPCA take the lead to determine what steps need to be taken to restore the property accordingly. The City will be consulted as that process moves forward. Martini noted there is also a tile system that exists on the property that was not functioning and the property owner has since repaired the tile system. As a result of the nonfunctioning tile system, there is a question of how long that wetland has been there versus the tile system not operating correctly. Further research needs to be done on this matter. Martini indicated the Watershed District is taking the lead on that part of the project as well. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 4 of 31  (4. #14-3669 MARK AND KRISTEN ANDERSON, 3850 WATERTOWN ROAD – REVISED GRADING CONDITIONAL USE PERMIT PLAN, Continued) City Staff has been working with the other stakeholders, specifically the neighboring property to the east, to address their concerns about the amount of fill that has been brought in and the potential change to the drainage patterns in the area. Martini stated before this project is allowed to continue, some engineering data will need to be provided as it relates to the drainage impacts. Martini indicated there has also been some grading that has occurred along Watertown Road and there is a concern that the grading work has changed the runoff in that area and will now be forced on the property to the east and the lower flat area. In addition, there are concerns about the run-off storage that existed in the low area which has been taken up by fill. The situation needs to be evaluated for its potential impact on the runoff. Martini stated the other comments relate to retaining walls that have been constructed on the site. Staff has requested information related to the elevations to make sure no engineering is required for the walls. McMillan asked how the weather will impact things. Martini stated at this point of the year it will be difficult for work to continue but that he will defer to the applicant what their plans are. Martini stated he had hoped to be presented with a plan that Staff would be able to recommend moving forward with prior to tonight and that he does not feel Staff is in that position given the fact the City Council will need to be given another update before the project moves forward. Martini stated with the site being currently stabilized and the winter season rapidly approaching, the remaining work will probably be done in the spring. Levang asked what happens when there is no top soil put down. Martini stated the Watershed District and the MPCA requires redundant erosion control measures to be put in place and that the property owner has erected the fence in place to protect the wetland as well as putting some temporary cover on some of the exposed areas to minimize the potential erosion. Martini stated the situation is not ideal but that is the status of the project. Levang asked if excessive rains could cause a problem in the spring. Martini indicated it is hard to say and that is why there is some redundancy built into the erosion control measures that must be followed. Martini indicated Staff and the property owner will need to make sure the erosion control fences remain intact as the snow melt occurs in the spring. Mark Anderson, 3850 Watertown Road, stated the original intent of the project was to fix the erosion. Anderson indicated he purchased the property last year and that last summer they noticed there was considerable erosion on the back side of the barn and the foundation around the barn that had been constructed in the 1930s or 1940s was giving away. Anderson stated in May of this year they started to look at different options. Anderson indicated in conjunction with Dale Gustafson, he drew up plans and submitted them to the City. When they got into the project, it was discovered while shoring up the back side of the barn that all of the top soil had washed down the hillside. Instead of having one to two feet of top soil, there was six feet of top soil that had MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 5 of 31  (4. #14-3669 MARK AND KRISTEN ANDERSON, 3850 WATERTOWN ROAD – REVISED GRADING CONDITIONAL USE PERMIT PLAN, Continued) washed away. Anderson stated it was decided at that point to recover that top soil and make a wider, bigger area for planting crops and erosion control. Anderson indicated he has had considerable support from many of the neighbors but he realizes there is a neighbor who has expressed concerns. During the top soil recovery part of the project, it was also discovered that the drain tile draining the low area had collapsed and had been broken for some time. Anderson indicated Staff has been great about providing documents relating to the drain tile system, and in 1989, the property owner at that time had requested permission to dig a pond in the lower area. Anderson stated there has been discussion about an easement on the drain tile being maintained by the City. Anderson stated regardless of whether it is or is not maintained by the City, they fixed the drain tile, and now that the drain has been opened up, the water can go where it is supposed to go. Anderson indicated there is a question about the delineation because the delineation done in 2006 is not valid. Anderson stated the initial plan that was submitted had a much larger area that was considered a wetland but the exact extent of the wetland is still unknown. Anderson stated he has hired a delineator to perform a new delineation and that work is currently being done. Anderson noted October 24 was the date the City raised some concerns and that work was immediately stopped. On October 26, the MPCA was out and they suggested that the top soil be put back down. Since that time measures have been taken to erect double silt fences around any of the areas the WPCA wanted and any exposed areas were covered with a cover crop. McMillan noted a cover crop will probably not take this late in the season. Anderson stated the cover crop certainly will not take in the clay soil, which is the reason why they wanted to recover the black soil. Anderson stated he understands there are questions about setbacks and delineations that need to be addressed, but if the weather stays like this and the ground freezes, they will not be moving any top soil. Anderson stated at this point everything has been stabilized and they are looking for direction from the City. Levang asked why he did not come to the City when the project was expanded. Anderson indicated he is not familiar with the process and that he is from North Dakota with a farming background. Anderson stated when they were recovering the top soil and leveling off the area, they realized it was not in the initial permit and so they have submitted new plans that represent what they would like to have done. Printup asked why the 2006 delineation is not valid. Anderson stated on the original survey, the surveyor had noted a 2006 delineation but it was never validated or filed, which is why a new delineation has been requested. Anderson indicated soil samples have been taken and the delineation will be done in the near future. Anderson stated a new delineation is MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 6 of 31  (4. #14-3669 MARK AND KRISTEN ANDERSON, 3850 WATERTOWN ROAD – REVISED GRADING CONDITIONAL USE PERMIT PLAN, Continued) one of the stipulations the MPCA requires and the main issue in that area was the collapsed drain tile. In the 1970s or 1960s, the adjacent property owner had installed the drain tile and it has since deteriorated and collapsed. Anderson stated for the last two springs, it has been very wet and the water level has been increasing. Levang asked if it is correct that the original conditional use permit was for 10,000 cubic yards and now it will be closer to 20,000 cubic yards. Curtis indicated that is correct. Anderson stated that is because the pasture area has doubled in size. David Bade, Westwood Professional Services, stated he has been retained by the Hedbergs to provide an independent third party analysis on some of the compliance issues and some of the activities that have been happening since this project started. Bade noted he has prepared a memo that was submitted to the City earlier today. Bade stated the main concerns are the potential impacts to the Hedberg property based on the grading activities, specifically the extent of the grading in the outflow area. Bade stated the proposed grading plan may potentially impact the low lying areas and that there are structures in fairly close proximity to the wetlands. Bade indicated he will need more information to complete a drainage analysis to determine what has been done to the drain tile. McMillan asked if the Hedbergs have ever had the wetland delineated on their property. Bade stated he does not believe there is a wetland on their property. McMillan stated since the City Council just received his memorandum tonight, it may be necessary for the City Council to take it under advisement. Bade stated the main concern at this point in time is the expansion of the project and the berm. Bade stated those areas will provide less overall capacity in the low lying area and that the concern during large storm events is where the water will go. Bade stated based on the plan, in his view the likely path of the drainage could impact the Hedberg’s property. Anderson stated the yellow area is where some of the recovered top soil is stockpiled. The elevation in that area is supposed to go back to the original elevation. Anderson stated the area where there are no lines in the delineated area, all of that will drain now because the drain tile has been fixed, and that there should not be overflow occurring onto the other property. Bade stated they would request an actual drainage analysis be performed by a licensed professional engineer. Bade noted this proposed grading plan has come out just within the last few days and that they do not know what the impact will be in the spring. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 7 of 31  (4. #14-3669 MARK AND KRISTEN ANDERSON, 3850 WATERTOWN ROAD – REVISED GRADING CONDITIONAL USE PERMIT PLAN, Continued) McMillan asked if there is a culvert going underneath Watertown Road or whether it is all drain tile. Anderson stated 30 to 40 years ago the original drain tile was constructed out of 6-inch clay pipe. The drain tile went to the pond that was created in 1992 by Steve Harris and goes directly to the south toward the Butterfield property. In addition, the Butterfields have a pond on the back side of their property. McMillan asked if the new drain tile is in the same location. Anderson indicated it is in the same location and at the same elevation because that was the direction of the runoff. Anderson stated the drain tile connects exactly where the drain tile opening was good, which was at Watertown Road. McMillan asked if any engineering was done on the drain tile. Anderson indicated he can provide the documentation on the drain tile and that the work was performed by a company who has been in business for 40 years. Printup noted of the nine bullet points in the City’s consulting engineer’s report touched on the five bullet points that the neighbor’s concerns related to. Martini indicated that is correct and the only thing that may be different is that the Hedbergs have asked for something to document the current condition showing the difference in the amount of fill. Staff now has a handle on the amount of fill on the site but that his report did not touch on the intermediate placement of the fill. Martini indicated Staff is aware of what the existing conditions were and that they are now attempting to reconcile the proposed grading with the existing conditions to ensure the adjacent properties are not affected. Martini indicated the Watershed District has concurred with the requests that the Hedbergs made. McMillan asked if this would require an amendment to the CUP. Mattick stated the original CUP contemplates a specific amount of fill. Staff has discussed that provision in other contexts and has questioned whether that implies that someone can simply bring in this much fill or whether that is a generalized statement about the scope of the project. There are also provisions in the CUP that address how the plans must be approved by the City Engineer. Mattick stated in this particular instance, when they are talking about doubling the amount of fill brought in, it is hard to contemplate meeting the original approval and in his opinion it is going to need to come back for an amendment to the CUP. Mattick stated if they look at what is recorded right now against the property, it does not look anything like what is being contemplated now and that it exceeded the approvals in the original CUP. Mattick stated it makes sense for the applicant to take the Consulting City Engineer’s comments into consideration and then incorporate those into a revised plan to be reviewed by the City Council. Mattick MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 8 of 31  (4. #14-3669 MARK AND KRISTEN ANDERSON, 3850 WATERTOWN ROAD – REVISED GRADING CONDITIONAL USE PERMIT PLAN, Continued) stated he understand things happen in the field and that perhaps some allowances can be made for that in a CUP, but that is what happened in this situation and this has exceeded the terms of the CUP. Bremer asked if that review would need to go back before the Planning Commission. Mattick indicated it would and that the applicants would basically be starting over. Mattick stated the difference between an amended CUP and a new CUP is the applicants would have the benefit of the materials that were already approved under the original CUP. McMillan asked if that would need to be directed back to the Planning Commission. Mattick stated he would recommend the applicants seek an amendment to the original CUP. Levang indicated she is comfortable with that process. Mattick noted there would also be the standard public hearing at the Planning Commission meeting for neighbors to provide comment. Bremer asked if there is anything else the City would like done now to alleviate any potential issues in the short-term. Bremer stated the situation appears to be stabilized and that Staff is comfortable with what has been done. Bremer asked if there is nice weather in the next few weeks whether there is anything else that should be done. Anderson indicated he was requested two weeks ago to submit a revised plan and that they have asked Mark Gronberg to do some more work on the site. Anderson stated their understanding was that they were coming tonight to present the new information to the City Council on what the final project would look like and that the survey presented by Mark Gronberg reflects what the site currently looks like. McMillan asked what sort of communication he is planning to have with the neighbors since this project has turned out to be a bigger project and have more impact than what was originally anticipated. Anderson stated it was never his intention to damage any of the surrounding properties. In his view he has helped improve the situation by repairing the drain tile. Anderson indicated he has invited the neighbors to tour the property and that he is willing to work with them to come up with the best plan for everybody. Levang asked whether Council Member Bremer wanted the Hedbergs to comment on anything else. Bremer stated the Hedbergs had an opportunity and that they would have likely added further input if they felt that was necessary. Bremer stated not being an engineer; she wondered if the Consulting City Engineer felt something different should be done in the short-term. Martini stated given the time of the year, the best thing to do is keep an eye on the erosion control, especially in the springtime. Martini stated temporary cover has been put out there and that will only be MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 9 of 31  (4. #14-3669 MARK AND KRISTEN ANDERSON, 3850 WATERTOWN ROAD – REVISED GRADING CONDITIONAL USE PERMIT PLAN, Continued) as effective as to how much sticks to the soil. Martini noted there are redundancies built into the erosion control requirements to assure the assets downstream are protected and that not much more can be done. McMillan stated in the short-term things will not look great but the important thing is to come up with a long-term solution. McMillan stated hopefully there will not be any major problems that occur with heavy rains and those will have to be dealt with if they do occur. Martini stated Staff has attempted to address as many of those issues as possible but that they are at a point where Staff believes additional information is required in order to be able to assure the adjacent property owners will not be impacted. Bremer stated she would encourage the Hedbergs or their representatives to approach the City if they see anything that is of concern to them. Bremer moved, Levang seconded, Application No. 14-3669, Mark and Kristen Anderson, 3850 Watertown Road, to direct Staff to request the applicant submit a new application amending the original conditional use permit based on the increase in the scope of the project. Levang stated when someone says 10,000 cubic yards, it is difficult to envision that, and that it may be helpful to have the number of truck loads identified when these types of applications are discussed. McMillan stated the applicant should make sure there is enough environmental mitigation in this situation. Since the applicant is achieving a more level area, it would be nice to see that they are interested in adding some environmental improvements. McMillan stated if there is a way to enhance this situation and make a positive out of a not so positive, the Council would be open to that, but the Council would like it to look natural in the end. Levang noted this is a historical piece of land and it has a tremendous history. Levang stated there likely will be a lot of people in favor of that continuing as a beautiful piece of land. VOTE: Ayes 4, Nays 0. 5. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – VARIANCES AND CONDITIONAL USE PERMIT Gaffron noted the applicant was before the City Council at the October 13 meeting requesting a number of variances and a conditional use permit and variance for filling and grading within 75 feet of the lake. At that time the City Council voted 4 – 0 to table the requested variances and conditional use permit to allow time for further consideration of whether to allow development of this property. Gaffron stated one of the new pieces of information included in the Council packet is a comparison of this lot to other lots in the neighborhood. One of the reasons for tabling the application was to consider how or whether development of this property for a single-family residence would be in character with the surrounding neighborhood. Staff has prepared some comparative tables contrasting this property with all MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 10 of 31  (5. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – VARIANCES AND CONDITIONAL USE PERMIT, Continued) other lakeshore lots on West Arm Bay from the Forest Lake channel to the North Shore Drive S curve, a distance of approximately two-thirds of a mile. Comparative factors include lot area, lot width, and valuations, showing both land values and building values. The comparison found that there are no lakeshore properties in the subject area smaller than 1565 Orchard Beach Place, which consists of 0.18 acre. The average lakeshore lot size in the area is 0.65 acre and other lots in the area range between 0.18 acre to 1.79 acres, which makes the subject lot the smallest lot in the area. In addition, the average lake frontage in the area is 105 feet, with the median being 92 feet. There are many lots in the area with 50 to 60 feet of lake frontage. The range in lake frontages is 47 feet to 310 feet. 1565 Orchard Beach Place has 83 feet of lake frontage. The subject property has been taxed based on a land value much lower than other vacant or developed lakeshore lots of similar or slightly larger size. 1565 Orchard Beach currently is valued at $71,000 as compared to land values of $338,000 or more for the properties in the 0.18 to 0.26 acre size range. Building valuations vary widely in the study area and range up to $1.7 million. Gaffron noted for the majority of Orono’s lakeshore properties in this area, the land is valued much greater than the buildings on it. A review of the area plat map indicates that all other lots in the study area have a significantly greater depth than 1565 Orchard Beach. 1565 Orchard Beach is only 115 feet back from the lake. All the other lots are at least 175 feet. Gaffron indicated the lot size and shape of the subject property is not consistent with other lakeshore lots in the neighborhood. Gaffron stated the proposed grading plan shows the proposed house and land would require setback variances from the rear, side street, and average lakeshore setback. There are proposed drainage swales between the house and the north and west lot lines to direct runoff from the northwest around the house and the westerly swale would drain southward toward the lake. The northerly swale would direct runoff to a proposed culvert under the driveway, discharging south of the driveway into another swale, and then over land to the lake. Runoff from surrounding properties to the north, which currently enters the property at its northeast corner, would also be directed through the culvert. Gaffron noted it is not unusual to see a culvert in the right-of-way. Gaffron stated while it is a fairly straight forward drainage plan, it will require the removal of trees and will have an affect over approximately 60 percent of the property. Gaffron stated at the last meeting the City Council tabled the application for further consideration. Staff is continuing to recommend denial of the variances and conditional use permit. If the Council is interested to allow some level of build-ability on the property, Staff would suggest that the side street and rear yard setback variances not be approved. Gaffron noted the intent of those is to create separation from other lots, and if the Council were to grant lot area, lot width, and average setback variances but not grant the two setback variances, there would be a building envelope that is approximately 10’ x 40’ foot in dimension. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 11 of 31  (5. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – VARIANCES AND CONDITIONAL USE PERMIT, Continued) Gaffron indicated findings for denial are included in Staff’s report. Staff is recommending denial of all of the variances and conditional use permit and is looking for Council’s direction on whether they would grant any approvals for this property. Gaffron indicated Staff could bring back a resolution at the next meeting based on the Council’s recommendations. McMillan asked if 10’ x 40’ is the exact shape of the building envelope. Gaffron indicated it is approximate and that it likely would be 34.3’ by 14’ on one end and nine feet on the other. Gaffron stated a 10’ x 35’ building envelope is perhaps a more realistic expectation. Levang asked if the building envelope is what is pictured on the overhead. Gaffron indicated it would be the building envelope with no setback variances being granted. Levang asked how many square feet the footprint of the structure would be. Gaffron stated it would be roughly 350 feet. Levang asked if the Council were to look at some of the other options, such as lot area and setback variances, what would occur then. Gaffron stated if the Council were to allow 30 feet instead of 35 feet at the street, it would give the applicant an extra ten feet and increase the building envelope to approximately 20’ x 40’ or 800 square feet. McMillan asked if there were any changes or if Staff is presenting the same information reviewed on October 13. Gaffron indicated nothing has changed and no new information has been submitted by the applicants. Gaffron noted the City has received some letters from the neighbors. Levang asked if the house plans are actual or proposed. Gaffron stated the house plans are to scale and appears to be what the applicants are proposing. Gaffron stated in his view the plans correctly depict the size and shape of the proposed building. Todd Haugan, Attorney-at-Law, stated it appears some progress is being made if he heard correctly that two or three of the variances may be granted. Currently the proposed building envelope is 10’ x 40’ and that they are asking for it be increased to 10’ x 40’ x 22’ on one side and 26 feet on the other. Haugan stated they are 12 feet short on one side and 16 feet short on the other. Haugan stated if you look at the graph created by Staff, there is an existing garage slab on the right that abuts the street. Haugan noted their proposal is nowhere near the street compared to the house that used to be there. If you look at the original house and garage, the house was closer to the back lot line than MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 12 of 31  (5. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – VARIANCES AND CONDITIONAL USE PERMIT, Continued) what is being proposed. This proposal would be less invasive to the adjacent property than the pre- existing house. Haugan stated as it relates to Exhibit D, the very first page of the document suggests that the property is .22 acres, but the Staff’s report says it is 0.18 acres. Haugan indicated if you assume the worst case the property is 0.18 acre, many of the properties have less lakeshore than this lot. Haugan stated many of the other lots in the area are similar in size in comparison, noting that 4105 Highwood is 0.18 acres and has 47 feet of lakeshore, 4101 Highwood is 0.23 acre and has 53 feet of lakeshore. Haugan noted this lot has 83 feet of lakeshore and that if you look at this from a non-legal, nontechnical standpoint, the lot is fairly normal as compared to some of the other lots in the area. Haugan noted the developer is not here tonight and that he cannot speak to the configuration of the home, but that he has been told if they were to make it any smaller, it would not be viable to sell. Haugan stated he has been told that the building envelope proposal is the smallest envelope they can live with. Haugan noted a sewer lateral and stub was put in for this lot and was paid for by the property owner. As a result of that, it clearly was deemed in the 1970s to be a buildable lot. Haugan stated every lawyer he has spoken to feels that when the City puts in a sewer and it is paid for, it is considered a buildable lot. Haugan stated his client would like to erect a house and that he has downsized to the maximum extent possible to make it work on this lot. As it relates to the trees, Haugan indicated their proposal is not proposing to take down anything in the 0-75 and that most of what would be removed on the rest of the lot is underbrush and buckthorn. Haugan indicated the nice beautiful trees will be preserved and that this lot is 19 feet lower than the next property. Haugan stated in his view the view of the neighbors will not be impacted. In addition, the drainage is a red herring. Haugan stated if the suggestion is not to change the drainage and this lot should serve as a holding pond for the neighboring properties, which is not appropriate. The property owners have a right to develop the property in a reasonable manner. Haugan stated their drainage proposal is not uncommon and that ultimately the water will go into Lake Minnetonka whether anything is changed or not. Haugan stated what they are proposing is modest and in keeping with the character of the neighborhood. Haugan stated there has been discussion about it being an easier road if this were a 10,000 square foot property. Haugan stated he is not aware of any Minnesota Statute that says that is the case but he is aware of the fact that Orono is not the only municipality who thinks this is an important issue. To the extent is there any legal justification for that size, Haugan stated one could easily just vacate four feet of the street, which would not affect the asphalt and would be an easy way to get this lot up to 10,000 feet if that were the inclination of the City. McMillan asked if he is aware of the 1978 resolution and the documentation that the lot has been declared substandard in the past. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 13 of 31  (5. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – VARIANCES AND CONDITIONAL USE PERMIT, Continued) Haugan indicated he is aware of that and that there were several false assumptions that were made in 1978. Haugan indicated consideration was based on the incorrect size of the lot and the fact that there was not a sewer stub to the property, which was also incorrect. Haugan stated in his view that resolution is not precedent setting and does not bind this Council. McMillan noted the sewer is discussed in the resolution and that it says if it has ever been assessed a sewer unit charge to enable a house to be constructed on the property. The resolution also says the property has been evaluated for tax purposes in the past on a reduced amount to reflect the fact that this is a substandard lot upon which no house may be constructed. McMillan noted Item No. 5 says that this lot has historically been subject to flooding and is a natural drainage way to the watershed. McMillan stated a lot of that still pertains today. McMillan stated there was some pretty firm documentation done back in 1978, which is why this property was never assessed as a buildable vacant lot. Haugan noted this property was assessed at $150,000 a while ago and that his argument would be that if you cannot build anything on it, it is essentially worth nothing and the value should be zero since there is no other use other than putting a house there. McMillan stated it is a recreational lakeshore lot that can be used for swimming and that sort of thing. McMillan stated she understands how that would make the lot more valuable. Haugan stated he would be the first to concede that if a house is constructed on the property, it would be worth more than $71,000. Haugan stated his request would be that the Council direct Staff to re-evaluate whether it would be possible to grant the rear setback variance and the street variance, which would amount to 12 to 16 feet going backwards and 10 feet going sideways. Haugan stated that would give them a property to build on that would be in character with the rest of the neighborhood. Haugan stated in their view the property can be properly drained and that they will not be taking down any significant trees. McMillan stated she looks at the lot as being very marginal for a house, and if a house is constructed, there would have to be substantial grading and a number of variances granted. McMillan stated as properties around the lake become scarcer, people requesting permission to construct on marginal lots makes it difficult for the Council. McMillan stated she understands the applicants’ position but that anytime someone builds on a marginal lot, it will have problems and needs to be addressed very thoroughly. Haugan noted many of the properties listed in Exhibit D are no larger than this lot and that hardcover would not be an issue. McMillan noted many of the lots are deeper than this lot, which allows the house to sit further back. McMillan stated the City also did change its hardcover regulations a few years ago, which changed the amount of allowable hardcover on this property and eliminated the need for a variance, but that they still have the same problems with drainage and the need to do excessive grading to make it buildable. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 14 of 31  (5. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – VARIANCES AND CONDITIONAL USE PERMIT, Continued) Haugan stated in his view their grading plan can be accomplished without adversely affecting the neighbors. Haugan stated he is impressed with the idea that small lots similar to this lot have tax values that are 390, 429, 338, and 375. McMillan stated the property would need to be declared buildable. McMillan asked if he has given any thought about downsizing the house. Haugan stated he is not a builder but that in his view 10’ x 40’ does not sound big enough. Haugan stated to his understanding the 10-foot depth is the problem. Haugan stated in his view the drainage can be handled, they will not remove too many trees, and that the grading will be fine. Haugan stated he is hearing that the main issue is the street setback and the rear setback but that they may be inclined to granting the other variances, which he is appreciates. Haugan stated the problem they have is the proposed building envelope of 10’ x 40’, which makes it difficult to construct a house. Haugan stated it would be better if the house was squarer but those are discussions that he would need to have with the builder. Levang asked if he would like the application tabled so he could speak with the builder about what dimension would be acceptable. Haugan indicated he would be willing to do that and he has had one brief conversation with him already. Haugan noted the builder is currently in Florida and his ability to communicate with him is not ideal. Haugan stated the builder did indicate he was pleased to see there was possibly some chilling of the ice with respect to the building envelope but that 10’ x 40’ would not work. McMillan stated the other concern is the average lakeshore setback and the height of the structure. McMillan stated she cannot say what the right height would be but that perhaps something could be worked out that the neighbors could see over the structure. McMillan stated that would be another restriction that will need to be received. Haugan noted the trees are high already and that this lot is 19 feet lower than the adjacent lot, but he understands that is an issue. McMillan commented that most times the trees will die as a result of the construction even though there is a good intent to preserve them. McMillan stated she considers the structure to be more permanent than the trees and that it is something to think about. Levang asked if the fill will be in excess of ten cubic yards. Haugan indicated it probably would be. Levang asked how much dirt that would be. Gaffron stated ten cubic yards would be one standard dump truck but that Staff has not attempted to calculate exactly how much. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 15 of 31  (5. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – VARIANCES AND CONDITIONAL USE PERMIT, Continued) Levang asked whether the applicants are proposing any replacement planting given the fact that they will be clearing the lot of the underbrush and buckthorn. Haugan indicated their plan depicts every tree on the property and what will be removed. No work will be performed in the 0-75 foot zone. Haugan stated he is not aware of any proposed replanting but that they will only be removing trees that are in the building envelope. Haugan stated they are willing to listen to the City on replanting. Levang asked if there will be enough room for visitors to park in the driveway. Haugan stated they are aware of the City ordinance prohibiting parking on the street overnight and that they feel they have that accounted for parking. McMillan noted the Public Works Department will also need access to the lift station. McMillan noted there has been an extension filed on this application until January 21. Gaffron stated if the applicants would like to be on the agenda for the next City Council meeting, they would need to submit their information by Monday of next week. Haugan stated if they are unable to meet that deadline, he would be willing to submit something in writing extending the time. Bremer noted there is only one meeting in December. McMillan noted the City has also received a fair amount of letters from the neighbors and asked whether any of them would like to comment on the application. Les Delton, 1535 Orchard Beach Place, stated they have been there since 1963 and that he would like to remind the Council that this property has been determined to be unbuildable for many, many years before the current owner purchased the property. Delton stated the current owner should have known it was an unbuildable lot before they purchased it. Delton indicated he is opposed to the project and that his big concern is the setback since the house will be on top of the lake and the other houses in the area are located pretty far off the lake. Delton stated he would urge the Council to deny the application. Lisa Wysocki, 1555 Orchard Beach Place, stated they would have a year-round view of the proposed house. Wysocki stated the current owner’s husband did know this was an unbuildable lot at the time they purchased it. Wysocki indicated they have 150 feet of lakeshore and that most of the people in the area have at least 140 feet. Wysocki stated granting an average lakeshore setback variance will change the character of the neighborhood. Other additional concerns relate to the trees and the drainage. Wysocki stated the lot floods all the time and the trees soak up that water. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 16 of 31  (5. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – VARIANCES AND CONDITIONAL USE PERMIT, Continued) McMillan stated she did walk the site this summer and was able to see that it does collect a lot of water given the slope. Levang moved, Printup seconded, to table Application No. 14-3690, Fred Johnson and Patricia Pfeffer, 1565 Orchard Beach Place. VOTE: Ayes 4, Nays 0. 6. #14-3692 ANTHONY AND NICOLE SARENPA AND DRAPER AND MOLLY JAFFRAY, 2630 FOX STREET AND 2620 FOR STREET, LOT LINE REARRANGEMENT – RESOLUTION NO 6460. Curtis stated the applicant is requesting approval of a lot line rearrangement between the properties at 2620 Fox Street and 2630 Fox Street. The applicant is requesting approval to transfer the north 64 feet of the Jaffray property to be combined with the Sarenpa property. The lot line rearrangement will not result in the creation of a new buildable lot or any new nonconformity. The Planning Commission voted 7 to 0 at their October meeting recommending approval of the request. The applicant has provided new legal descriptions for each property. Staffs recommends approval provided the 0.47 acre portion of property to be exchanged shall be combined with the Sarenpa property and not remain as a stand-alone lot as a result of this approval and that the applicant be required to record new deeds based on the new legal descriptions. Mayor McMillan asked if anyone from the public would like to comment on this application. There were no public comments. McMillan asked if the lot line rearrangement will affect any alternate or primary septic sites. Curtis indicated it will not. The proposal is to move the lot line to the south so the size of the Sarenpa property will be increased. McMillan noted it will leave two conforming properties. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6460, a Resolution Approving a Subdivision of a Lot Line Rearrangement for the properties located at 2630 and 2620 Fox Street. VOTE: Ayes 4, Nays 0. 7. #14-3693 SCOTT HARRIS ON BEHALF OF ROBERT BROOK AND SHARON QUINN, 1165 FERNDALE ROAD WEST – VARIANCE – RESOLUTION NO. 6461 Community Development Director Mack stated the property is located at 1165 Ferndale Avenue West and that the new owners of the property are requesting a new variance and a conditional use permit approval for a minor building addition and substantial site improvements to the property. Mack noted similar approvals were granted in 2011 and then renewed again by the Council a second time in 2014. 7. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 17 of 31  (7. #14-3693 SCOTT HARRIS ON BEHALF OF ROBERT BROOK AND SHARON QUINN, 1165 FERNDALE ROAD WEST – VARIANCE – RESOLUTION NO. 6461, Continued) The original proposal was to construct an entirely new residence on the property and the new owners are proposing a remodel. The applicants are proposing to construct a 12-foot addition onto the east side of an existing one-story single-family residence, add a new patio and walkways, and modify the driveway area. The circle driveway will be completely eliminated and a second access point out onto Ferndale Road will also be removed, substantially reducing hardcover on the site and increasing safety onto the road. Mack stated in essence the applicants are seeking approval for the plan on the overhead. In the area that is along the driveway on the northwest corner there will be a new apron for a single car to park and new fills in the 100-year floodplain. The applicants are seeking conditional use permit approval for that. Further north on the property and to the right of the pond area on the neighbor’s property there is an area outside of a delineated wetland area that the applicants are in the process of receiving approval for mitigation. Staff does anticipate approval of that request by the MCWD and that the proposed project has generated no objections or input from adjoining neighbors. Staff recommends approval of the lot area and lot width variances and conditional use permit per the draft resolution. Mack noted hardcover on the site would not increase and would actually result in a net reduction of 65 square feet, but since the subject property is over on maximum hardcover, a variance would be required even with the net reduction due to changes in the proposed site layout. Mack stated a 16.8 foot variance is also required for the proposed structure addition from Ferndale.. The remaining variance involves hardcover in the 0-75 foot area for a new patio area. The applicants are proposing to soften that area with landscaping as well as an area of the house on the east side that is within the 0-75 foot area. Staff has prepared a resolution for Council review and approval. Levang asked what would happen if the applicants do not receive approval from the Watershed District. Mack stated that is a condition of approval and that he anticipates it will be approved. McMillan noted the massing on the lot would be reduced, which is a positive, and that the historic stone building will be retained, which is also a positive component of the project. McMillan stated she views the proposal as having a positive impact on the property and that she is in favor of the project as proposed. Levang stated she appreciates the change in the driveway and eliminating the second access to Ferndale Avenue since it did not seem to serve much of a purpose. Levang indicated she also likes what is being proposed with the trees and the landscaping, which will make it more private for the property owner. Levang stated she did have a slight concern about the floodplain. Todd Irvine, Keenan & Sveiven, stated the permit has been approved for the erosion control and wetland alteration. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 18 of 31  (7. #14-3693 SCOTT HARRIS ON BEHALF OF ROBERT BROOK AND SHARON QUINN, 1165 FERNDALE ROAD WEST – VARIANCE – RESOLUTION NO. 6461, Continued) Scott Harris, Streeter & Associates, stated he would like to thank the Council and Staff for their work on this application. Harris stated Staff really helped him understand and navigate through the complicated dual process of the wetland and floodplain regulations between the city and MCWD. Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6461, a Resolution Granting Variances to Municipal Zoning Code Sections 78-305, 78-1279, and 78-1288, and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-966, for the property located at 1165 Ferndale Road West. VOTE: Ayes 4, Nays 0. 8. #14-3694 PETER RENNEBOHM, 4565 BAYSIDE ROAD – PRELIMINARY PLAT – RESOLUTION NO. 6462 City Planner Curtis stated the applicant is requesting preliminary plat approval to create one new, 2-plus acre buildable lot from the original 10-plus acres. Both of the lots would be served by individual driveways onto Bayside Road as well as private septic systems and private wells. At the October meeting, the Planning Commission voted 7 to 0 to recommend approval of the preliminary plat as proposed contingent upon the Consulting City Engineer’s approval of the revised plans, consistent with what Staff recommends, and with the following conditions: 1. Dedication of a 10-foot wide trail easement along Bayside Road overlapping/within the to be dedicated perimeter drainage and utility easement; and 2. Submittal of a conservation design report and proposed conservation easement areas. The applicants have requested the Council to consider a reduction in the required payment of the Stormwater Drainage Trunk Fee. They would like the Council to consider payment based only on the acreage of the new two-plus acre lot to be split off of the original property. Their rationale for this reduction is that the original property can be subdivided further in the future and additional stormwater drainage trunk fees could be collected at that time. The Council should consider the applicant’s request regarding the payment of storm water drainage trunk fees and direct Staff accordingly. The applicants have submitted an abbreviated conservation design plan which addresses some areas for tree preservation as well as identifies invasive buckthorn which may be removed. The conservation design plan has been reviewed and the City Engineer has provided comments. Staff finds that the lessened level of detail submitted within the conservation design plan may be appropriate considering the uniqueness of the property, the density of the subdivision, and the fact that the property owners have planted approximately 5,000 trees on the property over the past 20 years. Staff recommends approval of the preliminary plat according to the draft resolution. John Bigelow stated he is Peter Rennebohm’s son-in-law, and that he would like to address the Council briefly on the stormwater and drainage trunk fees. Bigelow indicated he is an attorney by profession and MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 19 of 31  (8. #14-3694 PETER RENNEBOHM, 4565 BAYSIDE ROAD – PRELIMINARY PLAT – RESOLUTION NO. 6462, Continued) that he did have an opportunity to review Orono’s code. Code 82-47 refers to the stormwater drainage and trunk fees schedule, and in there it talks about a new development or a redevelopment of an existing parcel, but it also talks about the use of land. Bigelow stated he has heard that Orono’s policy is to set the fees based on the entire parcel or both parcels in a subdivision. Bigelow stated in this case there is a 10-acre parcel where a 2-acre parcel is being carved off, and that in his view the new development that is likely to occur here will just be on the 2-acre parcel. The existing eight acres will still continue to be a single parcel and continue to have a single-family home on it. No new development will occur on that 8-acre parcel. Bigelow stated their position is that it would be more fair and appropriate to use the two acres as the parcel for determining the fees. In addition, the 8-acre parcel really is subject to potential subdivision in the future and it would be more appropriate for the City to then assess or impose the fees on any subdivisions in the future. Bigelow stated he also had a chance to review the Riley subdivision located at 3405 High Lane, Plat Resolution No. 6140, which was approved in 2012. Bigelow stated the reason he is bringing that up is the subdivision is very similar to this scenario. In the Riley subdivision, they had nine acres and were carving off two acres. The Rileys also argued the point that the fees should be reduced and that they should be treated somewhat differently than other subdivisions because of the uniqueness of the property and the fact that this single-family home will not create any environmental impact to the property. They also argued that the City could impose the fees at the time the larger parcel was further subdivided. Bigelow stated in the Riley decision, the City Council correctly moved for a reduction in fee, and that he would ask that the Council take that into consideration and use that as rational for granting a reduction in this situation. Bigelow noted the Rennebohms have been Orono residents for the last 42 years plus. The Rennebohms are not professional developers and that it would be fair for the Council to calculate the fees based on the two acres. The Council also heard reference to the amount of trees planted on the property. Approximately 5,000 trees have been planted on the property, which helps demonstrate that they have been good stewards of the property. Peter Rennebohm, Applicant, stated the property originally was an alfalfa field at the time they purchased the property in 1989. Their vision at the time was to reforest it with seedlings from the DNR, and over the years approximately 5,000 trees have been planted, with approximately half of those trees surviving. Rennebohm indicated he also had tree movers come in and move them about the property once they became bigger. Rennebohm stated it has been his vision, desire, and love to preserve what is there and to create an environment for wildlife and birds. Rennebohm stated it is his hope that the next owners would maintain that vision. Levang stated she remembers buying apples from them for a number of years and that she misses that. Levang asked what the real possibility is of another lot being carved out of the 8-acre parcel. Levang stated when she looks at the septic requirements; it appears to be pretty difficult. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 20 of 31  (8. #14-3694 PETER RENNEBOHM, 4565 BAYSIDE ROAD – PRELIMINARY PLAT – RESOLUTION NO. 6462, Continued) Curtis stated the applicant has shown two septic sites on the 2-acre parcel and that they could possibly do more testing on the site to show that they have two additional sites on the 8-acre site but the testing has not been done. Levang asked if Hennepin County is saying no to the driveway situation. Curtis stated Hennepin County has recommended they share a driveway. Staff has requested Hennepin County clarify that but they have not at this point. Curtis indicated it would be Staff’s preference that if Hennepin County was going to deny it, that they would specifically say that. Levang asked if Hennepin County insists on a shared driveway whether Staff would be amenable to that. Curtis indicated Staff would want to take a look at that to see how the other lot would be served. Curtis asked whether they would require an outlot. Gaffron stated it would just be an easement situation and that the plat would not need to be changed. McMillan noted the location of any additional septic sites would be further limited by a shared driveway. Mack noted the wetland buffer regulations would also present another challenge and substantially limit the potential number of additional new lots, if ever, in the future. McMillan stated in addition to the stormwater fee, the other issue is whether the conservation areas make sense. McMillan stated the City has gone back and forth with small conservation easements and that she does not see it as a necessity to make it a conservation easement given the smaller size of it. McMillan stated if the applicants still want to have it in a conservation easement with a signed agreement that would be fine. Bigelow stated he would be in agreement that the proposed conservation easement would not be necessary given the amount of trees that have been planted. Rennebohm stated he also would prefer not to do that. Levang asked if they will be doing any buckthorn removal. Rennebohm noted there was one large oak tree that came down and that is when the invasive species started taking over. Rennebohm indicated there is no buckthorn over in the southeast corner. Levang asked if the adjacent land has some conservation easements and if that is where they meet in the corner. Curtis stated Bayside Meadows is kind of a rectangular parcel and there are conservation easements all around the perimeter and the wetland area. Curtis indicated there is also a view conservation easement south of the existing home to prevent them from blocking the lake view. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 21 of 31  (8. #14-3694 PETER RENNEBOHM, 4565 BAYSIDE ROAD – PRELIMINARY PLAT – RESOLUTION NO. 6462, Continued) Rennebohm noted there is also a pond in the corner of the Bayside property that was dug a number of years ago. Curtis noted that has been delineated. Bremer stated she is fine with the request and that it makes sense in this context. Printup indicated he is in agreement. McMillan noted the applicants are not talking about totally carving up the property and are merely splitting off one lot. McMillan stated this type of situation might have been overlooked at the time the language was created. Gaffron indicated it is similar to the Riley application and that the applicants will be leaving the major portion of the property with the existing house intact. Gaffron indicated Staff did discuss this in a work session and that Staff hopes to have time over the winter to bring in some revisions to the code. Mattick stated in this particular instance there is an existing home and this subdivision is creating a new two-acre lot. Mattick stated in the scenario where two new homes were being constructed, the City would not waive that fee. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6462, a Resolution Approving a Preliminary Plat for the property located at 4565 Bayside Road, with removal of the conservation easement, retention of the 10-foot wide trail easement, and to calculate the stormwater and drainage trunk fee only on the new 2-acre lot, with the fee being determined at the time the 2015 fee schedule is arrived at. VOTE: Ayes 4, Nays 0. 9. #14-3695 DAVID FOX, 1095 FERNDALE ROAD WEST – VARIANCE RENEWAL – RESOLUTION NO. 6463 Community Development Director Mack stated the property is located at 1095 Ferndale Road and the applicant is requesting renewal of variances and a conditional use permit originally grated in 2009 and then renewed in 2011. Those approvals allowed the construction of a replacement residence, a conditional use permit to rearrange the floodplain on the property, and variances for lot area and width, lakeshore setback, average lakeshore setback, floodplain setback, and hardcover in the 0-75 foot zone. That work was never started and the Council is basically being asked for renewal of those variances and conditional use permit. Mack noted in this case, the applicants failed to extend that renewal within the required time frame so the approvals have expired and it is basically a new request. There are no changes in the proposal from the original plan approved in 2009. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 22 of 31  (9. #14-3695 DAVID FOX, 1095 FERNDALE ROAD WEST – VARIANCE RENEWAL – RESOLUTION NO. 6463, Continued) Mack stated the only new consideration with regard to this previously approved plan is in regard to the substantial flooding that has inundated the lot this year during record high water levels. The prior approval of the conditional use permit takes this concern into account with an engineering plan that was properly reviewed and approved by both the City Engineer and the Minnehaha Creek Watershed District. Mack stated appropriate revisions are in place for addressing that in the future. Staff is recommending that the Council approve the renewal. The Planning Commission also unanimously recommended approval with some conditions, including a requirement for some additional native plantings, the color of the structure, and compliance with the City Engineer’s recommendations. Levang asked if the renewal would last one year. Mack indicated that is correct. Levang asked whether the applicants could come back again for another extension if they fail to do the project in the one year. Mack stated since this is being treated as a new application, they would be able to. Levang questioned whether the City should place a limit on the number of renewals granted and suggested the City Council look at that in a future work session. Mattick stated the provision that allows the extension is relatively new and that previously the applicant would have to reapply each year to the City Council. The Council said they would prefer to allow one administrative approval and then one Council approval, which gives someone a three-year window to complete a project. Mattick stated the risk the applicants run by not completing their project in the required time frame is that regulations may change, which may or may not be better for them. Mattick noted when the renewal comes back before the Council, it is not an automatic renewal and that unless the code is changed or there have been concerns raised, it typically is renewed. Levang stated she is comfortable with that, but that she is wondering whether there is some point the City Council says no more extensions. Mattick stated someone would always have the right to submit a new application. Mack stated in circumstances where there have been difficulties or changes in Code, the City would want to retain the right to not have to extend it and have the applicants take another look at their plans. McMillan asked if the applicants have paid the fee for a new application. Mack stated they paid half of the fee, which is typical for a renewal extension. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 23 of 31  (9. #14-3695 DAVID FOX, 1095 FERNDALE ROAD WEST – VARIANCE RENEWAL – RESOLUTION NO. 6463, Continued) Levang stated the Council may want to look at that as well. Mattick stated the previous discussion was that since the application has already been reviewed once, it will not require as much Staff time to review. McMillan stated she was under the impression that it was a new application since the extension expired even though nothing had changed. Mack stated there is some Staff time involved because reports have to be written and notices sent. Curtis stated Staff time is less in this situation but that there would still be a public hearing at the Planning Commission level. McMillan noted she was not in favor of requiring a certain color for the house but that she is not going to request the resolution be changed unless the applicants request it at some point. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6463, a Resolution Granting Variances to Municipal Zoning Code Sections 78-305, 78-1279, and 78-1288, and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-966, for the property located at 1095 Ferndale Road West. VOTE: Ayes 4, Nays 0. (Recess taken from 9:10 p.m. to 9:14 p.m.) 10. ELECTRONIC CIGARETTES – ORDINANCE NO. 126 AND 127 Mack stated before the City Council tonight is a draft ordinance adding regulations and defining the use of E-cigarettes. The ordinance would also prohibit the sampling of E-cigarettes in places where nicotine delivery device products are sold and requiring a license for their sale. Mack indicated the regulations will go hand-in-hand with tobacco products, which is how other communities have been handling these laws. The ordinance would amend Chapter 50 of the Orono City Code. Mack stated applications for tobacco annual licensure are normally sent out at this time of year, which makes this timely. McMillan noted electronic cigarettes can be sold in Orono but that they would fall under the same regulations as tobacco and that sampling of E-cigarettes would not be allowed. Mack stated if the Council approves this, they would be following suit with many other communities in Minnesota. Mack noted the Minnesota Legislature has given communities the option to enforce these particular rules on this type of product but did not mandate it as they have with tobacco. Levang asked if the City has had any applications for a vaping lounge. Mack stated they have not. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 24 of 31  (10. ELECTRONIC CIGARETTES – ORDINANCE NO. 126 AND 127, Continued) McMillan noted this is the first time the ordinance has been before the City. Mayor McMillan opened the public hearing at 9:18 p.m. There were no public comments on this item. McMillan closed the public hearing at 9:18 p.m. Levang stated she is relieved the City will now have something in place and that she is fine with the ordinance. Printup stated the ordinance makes sense since it goes hand-in-hand with tobacco products. Mack noted due to the holiday this week, there will be a slight delay in publishing the ordinance, but that there is also a summary ordinance included for Council approval. Levang moved, Printup seconded, to adopt ORDINANCE NO. 126, Third Series, an Ordinance Amending and Adding New Sections to Chapter 50 of the Orono City Code Regulating Tobacco and E-Cigarettes; and to adopt SUMMARY ORDINANCE NO. 127, Third Series, an Ordinance Amending and Adding New Sections to Chapter 50 of the Orono City Code Regulating Tobacco and E-Cigarettes. VOTE: Ayes 4, Nays 0. 11. NAVARRE ACTIVE LVING DEMONSTRATION PROJECT Mack stated during the 2014 State Planning Conference, he attended a training session on opportunities that Blue Cross/Blue Shield is promoting as part of living and wellness throughout the state. Mack indicated it is a fairly new type of exercise Blue Cross/Blue Shield is undertaking with various entities that can apply for grants under this program. Mack noted the City has been looking for different opportunities for enhancement to the Navarre area and that he felt it would be appropriate to consider this program. Mack indicated he did have the opportunity to meet with the project manager from Blue Cross/Blue Shield in the Navarre area and that they talked about some of the possibilities for initiating this course of action. Mack stated the Blue Cross representative would provide the training and then afterwards the Council could make a decision on whether to proceed with initiating a task group of volunteers to work on this program in 2015. Mack stated in his view it would allow the City to keep the positive momentum moving forward with improvements in Navarre. Mack noted the Navarre area has seen some resurgence with new businesses opening in the area and that this will help enhance the community. Mack stated he would like to schedule the project manager from BCBS to come to the community and present the training. Staff would then ask for volunteers from the various commissions to attend the training and then pursue grant funding for a demonstration project. The project would depend on the volunteers and what they would like to make of it. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 25 of 31  (11. NAVARRE ACTIVE LVING DEMONSTRATION PROJECT, Continued) Levang asked where the training would be. Mack indicated it would be held in the Council Chambers, space permitting Levang suggested Mack also consider including some representatives from the schools. Mack stated they definitely could and that it is a great suggestion. Levang stated WeCAN might also be a possibility. McMillan asked how he would like to advertise this. Mack stated he would like to contact different organizations and that he anticipates including Three Rivers, the school, and possibly other groups. Mack indicated the Navarre Initiative Group was supportive of the project. McMillan stated she would definitively start with the Navarre Initiative Group to see if either of those two dates worked for them. McMillan requested the City Council be kept posted on any progress being made. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT 12. COUNTRYSIDE DRIVE DRAINAGE McMillan stated she did not put this item on the Consent Agenda because she wanted to make sure the neighbors were aware of it. Edwards stated the purpose of this item is to provide an update on the drainage issues at 2800 Countryside Drive. Bolton & Menk has reviewed the situation and provided their recommendations to the City Council in September of 2014. The Council had requested at that time that the incoming City Engineer review the situation and recommend a course of action. Edwards indicated he has completed an extensive review of the storm sewer system and found that the constriction of the flow by the overgrown ditches and undersized culverts is the likely cause of the temporary ponding at 2800 Countryside Drive. The study by Bolton & Menk provided four potential improvements. Since September, the Public Works Department has focused on maintenance of the existing system. The City’s culverts and ditch along Old Crystal Bay Road had become partially constricted and the Public Works Department will be cleaning those out this year. In addition, the Public Works Department looked at the long storm sewer that runs along Old Crystal Bay Road. That sewer has been televised, which showed some debris, and that has since been flushed to clear the debris out. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 26 of 31  (PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, Continued) Edwards stated his proposal is to take a tiered approach with the maintenance and reassess the situation in the spring before proceeding with more expensive corrections. Edwards stated in his view this situation presents little risk to the actual property as there is no structure that is threatened by the ponding. The nearest home at 2800 Countryside Drive sits four feet above the level of Old Crystal Bay Road, and if there is a major flooding event, the water would go over Old Crystal Bay Road rather than towards the house. Edwards noted even with the corrections, there would still likely be some ponding if a 100-year event occurred. McMillan stated she appreciates the recommendations and course of action being taken and that the City is attempting to solve it as quickly and simply as possible. Levang asked what the homeowners’ response to this has been. Edwards stated he is not sure they have seen the report. Levang recommended the homeowners be contacted. Printup noted he did speak to the homeowners about this but that he did not get any feedback from them. Printup stated he likes the tiered approach and that he is comfortable proceeding forward with the City Engineer’s recommendation since it is demonstrating a commitment by the City. McMillan stated the heavy rains demonstrated a lot of problems throughout different areas of the City and that some of them are easy fixes and others that will require further study. The City Council took no formal action on this item. 13. WINTER MAINTENANCE OF TRAILS Printup noted Orono currently does some winter maintenance of trails but not the Dakota Trail and that he is wondering whether the City Council should perhaps discuss this in a work session since the Dakota Trail does get used quite a bit in the winter. Edwards stated the only Three Rivers trail the City maintains is the section in front of the Independence Lakes trail. Edwards stated he would recommend the City continue to do that since it is basically used as a sidewalk and that it is important to keep that clear of snow. Edwards stated the options the City has for the various Three Rivers trails includes different types of maintenance, such as grooming for cross-country skiing or other uses. Edwards noted if the City assumes the maintenance responsibility for the trails that would also include insurance responsibilities and fixing of the trail in the spring. Edwards indicated he did speak with the trail manager for this program as well as some of the surrounding communities and none of those immediately adjacent communities have any plans to maintain any of the Three Rivers trails. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 27 of 31  (PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, Continued) Printup stated the question is whether the Council wants to maintain it year-round. Printup asked if the Council is interested in approving Staff’s memorandum as written or discuss it in a work session. City Administrator Loftus stated they could discuss it on November 24 at the Council work session. Printup moved, Levang seconded, to table action on the Winter Maintenance of Trails. VOTE: Ayes 4, nays 0. *14. NAVARRE SIDEWALK GRANT COOPERATIVE AGREEMENT Bremer moved, Printup seconded, to approve the Cooperative Agreement and to authorize Mayor McMillan to sign the agreement for return to Hennepin County. VOTE: Ayes 4, Nays 0. 15. CASCO POINT ROAD REPAIR Edwards stated this proposal is part of a series of projects that were necessitated by the summer flooding and were submitted to FEMA for emergency management funding to repair. The projects have received preliminary approval from FEMA and a number of the projects have already been completed. Of the group of projects that have not been completed, one is Casco Point Road and Baldur Park Road, which will go before the City Council at some point in the future. Edwards stated approximately a 110-foot portion of Casco Point Road was undermined by the summer rains and failed. While the road is still drivable, it needs to be repaired. The estimated cost for mill and overlay was $9,950, which FEMA endorsed. Edwards stated he is bringing the action before Council at this point so it will be ready for spring. Edwards noted the FEMA funding allows the City 18 months to complete the project and that he would like to get it done next spring. Dennis Walsh, 1354 Rest Point Road, stated Orono is a larger buyer of road services and that it would be a good time to say, even if FEMA is going to potentially pay for it, that this project is overpriced by a lot. Walsh stated vendors come and go, but that this is an opportunity for the City to approach the different vendors to see if they can obtain better pricing. Walsh stated he would not award the project at this price and that he would approach the vendors to see if better pricing could be obtained given the amount of roads the City has. Edwards stated the intent is not to go with this particular vendor and that the estimate from the vendor was obtained to seek funding from FEMA. Edwards stated in this type of situation a vendor tends to put the highest price on it and that he would very much like to go out for bids in order to obtain the best price. Levang moved, Printup seconded, to approve the Casco Point Road project at a cost of $9,950, with authorization to commence work in the spring of 2015 as soon as conditions permit. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 28 of 31  *16. REST POINT ROAD STREET IMPROVEMENTS – PAY REQUEST NO. 2 – FINAL Bremer moved, Printup seconded, to approve Pay Request No. 2-Final for the contractor Northwest Asphalt in the amount of $4,481.89 for the Rest Point Road Street improvement project. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, CONTINUED Edwards reported the Orono Golf Course shut down last weekend. The number of rounds of golf that were played this year was 10,890, which is almost double from last year. As of the end of last week, incoming revenues from the golf course were $142,085, which is up by approximately $45,000. Edwards stated a more detailed report will be presented to the City Council in the near future. MAYOR/COUNCIL REPORT Levang stated she attended a Stay the Course meeting for the golf course where the group reviewed the accomplishments for the year. The group felt that the Groupon deal did make a difference and they will be looking at that for the future. The group also set some tasks and goals for the future as well as planning to perform some work over the winter, such as installing a new counter and planning some work on the putting greens. Levang noted the golf course does have quite a bit of activity in the winter with sledding. Levang noted the City did have their canvassing meeting earlier tonight and that she would like to commend Rachel Dodge for a wonderful job on the election. Levang stated the election judges were very enthusiastic and that the City had a good turnout. Levang noted she did attend the November Park Commission meeting and that three new members were seated on the Commission. Levang stated the Park Commission has had another two candidates apply and that it is likely the Park Commission will have seven members on it in the very near future. The Park Commission talked about setting some new maintenance standards for the parks and visits have been made to most of the parks by the commissioners. Levang stated the group is very eager and enthusiastic about the parks and that in her view the City will see a lot of good work from them. McMillan stated Hans Bakery was very busy on Saturday and that the pump and pavement improvements to the gas station also look nice. McMillan noted the new Navarre book is hot off the presses and that it can be picked up at the Galleria of Navarre. McMillan stated it is a wonderful book with a lot of information in it. McMillan stated the City may want to do something with Navarre in conjunction with the book and that they can talk about that in a work session. McMillan noted the Westonka History Museum is doing a lecture on Saga Hills in May, which may be a good time to do it. McMillan reported she attended the Orono Rotary meeting last Thursday and that they discussed the Beacon Interfaith project. A representative from Beacon spoke about their organization and why they are interested in doing what they are proposing. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 29 of 31  CITY ADMINISTRTOR’S REPORT 17. CLOUD BACKUP SERVICES Olson noted a couple of years ago the Council discussed data backup services and the cost at that time was over $30,000. Olson stated with the Mediacom franchise, the City has the opportunity to look again at whether to use a Cloud based system. A large portion of the data is police data, in particular video from the squad cars. Olson state currently the City has approximately three Terabytes of data stored on the computer network. To protect against a loss of data, the City’s servers are backed up to magnetic tapes on a nightly basis. Most of these tapes are stored on site in a fireproof cabinet. Each week one set of tapes is transported to LOGIS for off-site storage. Olson indicated while the current system works good, should a tornado hit the building, the only data that would be backed up would be for Monday, which means there is not an off-site backup for the rest of the week and so there is a chance of losing some data. Olson said with a Cloud based system, the data would be backed up through the internet to an off-site location, which would eliminate the need to transfer tapes off site and would eliminate the risk of having to use a tape that is one to six days old. While the tapes have been reliable, there is always the risk of one of the tapes becoming unreadable, and the Cloud based system would eliminate that. Olson relayed prior to the recent upgrade to a fiber internet connection, bandwidth restrictions made utilizing a Cloud based system impossible. With the fiber connection, the City would be able to increase its bandwidth to better meet its needs. Olson noted if the City were not to increase its bandwidth and chose to go with a Cloud based system, the backup would require the entire bandwidth and would prevent someone such as a police officer from being able to access state data bases. In addition, having a backup that takes four to five hours would increase the risk of something happening during the backup. Olson stated he would recommend increasing the bandwidth up to 100 megabytes. Olson indicated Staff has looked at different options for service providers, with the annual costs ranging from $6,000 to $10,000. The pricing varied depending on the services provided. Olson stated one of the lower priced options did not encrypt the data and another option was a whole Cloud computing system where Staff could access all of its files from anywhere and work. Olson stated neither of those options are what the City really needs. Olson stated one option would be to use LOGIS. An advantage of using LOGIS for this service is that the City already contracts with them for the higher level network support. The annual cost for this service would be $8,700 a year, with a one-time startup fee of approximately $6,000. Another advantage to using LOGIS is that they understand BCA requirements and other state requirements. Levang asked if the one-time costs are mainly equipment or what that would consist of. Olson stated to his knowledge it is programming and setup on their end. McMillan asked if the police department would recommend this as well. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 30 of 31  (CITY ADMINISTRTOR’S REPORT, Continued) Olson indicated he has not spoken with Police Chief Farniok about backup services but that he does not envision him having a problem with it. McMillan asked how difficult it would be to change to a different company. Olson stated it would not be difficult. Olson noted LOGIS used to completely provide the City’s fiber service but now they are just providing an IP address and some backup security. McMillan asked if the City has a contract with them. Olson stated it is a yearly contract and that the City would need to tell them by June 31 that the contract would not be renewed for 2016. Olson stated there would be a number of benefits in continuing to use LOGIS since the police department also uses it. Printup asked what the drawbacks are with not going with the Cloud backup. Olson indicated the offsite storage is the biggest benefit with a Cloud based system. Olson indicated backing up to tapes is not as common anymore and that the Cloud is more the future. Olson stated it is likely that their current equipment will be good for another two to three years, but that beyond that the City likely will require additional and faster data storage. Dennis Walsh, 1354 Rest Point Road, stated this is another great opportunity to look closer at the types of services that are being provided by an outside vendor. Walsh stated a Cloud based system would definitely be the way the Council should go in the future, but that the City needs to get a better education on exactly what they are buying. McMillan stated the City could get some other quotes from other vendors and that the City needs to get to Cloud storage sooner or later. McMillan requested Ron Olson obtain some other quotes from other vendors. Levang stated she would be comfortable going with LOGIS, especially given the integration with the police department, but that she would be fine with obtaining more bids as well. Bremer stated obtaining more bids and more information would be helpful. Bremer stated it would also be helpful to hear from the police chief about the backup system. The City Council took no formal action on this item. City Administrator Loftus noted Shorewood will soon be working on redevelopment of the Minnetonka Country Club, which is currently up for sale. Shorewood City Administration has reached out to Orono to hear about Orono’s experiences with the Lakeview development. Loftus stated the country club is located in a one-acre zoning district. Loftus noted today was the first day of employment for Diane Tiegs as Orono’s new City Clerk and that she has gained a lot of experience while working at Minnetonka Beach and Plymouth. MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________     Page 31 of 31  (CITY ADMINISTRTOR’S REPORT, Continued) Loftus reported the police project is also moving along and that work on the front lobby is anticipated to start November 19. Loftus stated the partition in the council chambers will be closed and that they will be setting up a temporary front office on the other side. Loftus indicated the lobby will be under construction for approximately four weeks. Loftus noted Council Member Printup and Police Chief Farniok attended a Highway 12 safety meeting. The group is looking at installing rumble strips west of County Road 6 out to Howard Lake. That item will be brought to the Council to discuss at some point in the future. The group is hoping to have those installed sometime in 2015. Printup noted the section in Orono does not have housing on either side, which is one consideration being given to the rumble strips. Loftus noted Staff has had a couple of meetings with Hennepin County. The Mayor and Staff met with the City Assessor to talk about property values. The City Assessor is anticipating that nonlakeshore properties will increase around five percent and lakeshore residential properties increasing about seven percent, which is below the County averages. The other meeting related to the Highway 12 turnback project. The Department of Transportation has indicated that the City will likely assume responsibility for the stormwater pond, which would have some maintenance implications for the City. *18. CLAIMS/BILLS Bremer moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 10:08 p.m. VOTE: Ayes 4, Nays 0. ATTEST ____________________________________ ____________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor