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HomeMy WebLinkAbout11-14-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Aaron Printup, and Dennis Walsh. Representing Staff were Community Development Director Jeremy Barnhart, Finance Director Ron Olson, Senior Planner Michael Gaffron, Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Andrea Poehler, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA Item Nos. 2, 8, 9, 11, 12, 15, 16, 17, 18, 19, 22, 24, 25a, 25b, and 26 were added to the Consent Agenda. Printup moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. CANVASSING BOARD *2. CERTIFY RESULTS OF THE NOVEMBER 8, 2016, MUNICIPAL ELECTION — RESOLUTION NO. 6687 Results from the 2016 election: Mayor: Lili McMillan — 2,326 votes Dennis Walsh — 2,551 votes Write-ins —19 votes City Council Member (4 -Year Term): Lizz Levang —1,570 votes Jim Cornick — 602 votes Richard Crosby —1,897 votes Brad Maenner — 632 votes Margaret Radke —1,453 votes Victoria Seals —1,715 votes Write-ins — 43 votes Printup moved, cornick seconded, to adopt RESOLUTION NO. 6687, a Resolution to Certify Results of the Tuesday, November 8, 2016, General Election for City of Orono Offices. VOTE: Ayes 4, Nays 0. Page 1 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. APPROVAL OF MINUTES *3. CITY COUNCIL WORK SESSION OF OCTOBER 24, 2016 Printup moved, Cornick seconded, to approve the minutes of the Orono City Council Work Session of October 24, 2016, as submitted. VOTE: Ayes 4, Nays 0. *4. CITY COUNCIL MEETING OF OCTOBER 24, 2016 Printup moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of October 24, 2016, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION 5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) Mary Drazen, Rob Roy, Mark Kieper, and Mary Tucker were present from the Carman Bay Lake Improvement District, and Patrick Selter from PLM Lake and Land Management Corporation was present. Mary Tucker stated she has been a bay captain for Carman Bay since 2008. Tucker stated they are here tonight to present information on the Carman Bay LID. The goal is to move forward in the spring with a petition to the Carman Bay residents. Tucker stated the Lake Minnetonka Association and the Lake Minnetonka Conservation District cooperatively initiated the "Three Bay Demonstration Project" in 2006 to address concerns among lakeshore owners and lake users that Eurasian Water Milfoil (EWM) and Curly Pondweed (CLP) continue to be problematic in Lake Minnetonka. In addition, the U.S. Army Corps of Engineers and the Minnesota Department of Natural Resources were interested in new technologies and approaches for large-scale, selective herbicide treatments to control EWM and CLP. Following this study, there was continued interest in bay -wide treatments. The Lake Minnetonka Association, the LMCD and the DNR then developed and adopted a Lake Vegetation Plan to guide and frame a five-year bay -wide EWM and CLP control program in Carmans, Grays and Phelps Bays. The funding primarily falls on the lakeshore owners. Public funding has been uneven. Fundraising responsibilities depend to a very large extent on the bay captains. Tucker stated they are here to seek support from the City Council with regard to this project. The first treatment on Carman Bay started in 2008. During that time, the DNR and Army Corps spent two years developing a protocol, which was followed by a very successful treatment in 2010. Treatment was also done in 2011, and by 2012, the bay had basically gone from a lot of milfoil almost down to zero in this time frame. Another full treatment of the bay was done in 2013. Tucker stated by this time, the residents were getting funding fatigued and so they did not have treatment in 2014 and 2015. The milfoil came back as a result of no treatment. Tucker stated in 2016 they were able to raise enough funds but had to go back to a full treatment. Tucker stated their goal is to have consistent funding to avoid the ups and downs in the treatment. Page 2 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) (continued) Tucker displayed a graph showing the areas of heavy milfoil infestation prior to treatment as well as a graph depicting Carman Bay following the eradication. Tucker stated the treatment was very successful. Tucker stated LID stands for Lake Improvement District. Lake Improvement Districts were implemented by the state legislature in the early 1970s for three specific reasons, which were to help provide clean water, to manage lake levels, and to control aquatic invasive species. Lake Improvement Districts are a means of funding these activities. There are over 40 LIDs in the State of Minnesota. Tucker indicated a LID is formed by a petition from lakeshore residents and those who have lakeshore access. A majority of the residents must approve of the LID. There also must be approvals by the cities affected and the DNR. The DNR then receives and approves the formation of the LID. Once those steps are accomplished, a taxing district will be established for those residents affected. Residents that are affected form a board and decide how the funds collected will be spent. Residents are appointed by the city council for the first year. After that, they will be elected by those affected by the LID annually. The money collected will be spent on the control of aquatic invasive species only. Tucker stated other residents on Lake Minnetonka can form a LID. Each bay must meet the DNR requirements and receive approval by the cities. The main requirement by the DhiR is to have public access, such as a beach, fishing pier, or boat launch. Carman Bay would like to institute a LID to ensure sustainable funding in controlling aquatic invasive species. Tucker stated the next slide shows that the DNR has agreed to the Carman Bay definition and the area that would be included in the LID. Tucker displayed a draft copy of the petition. Tucker stated they were successful in 2016 because they started talking about what they wanted to do and began their fundraising efforts in the fall for the spring treatment. Tucker stated they would like to be able to have enough money to be able to do spot treatments going into the future. Council Member Walsh asked how many parcels are involved in the district. Tucker indicated there are 114 parcels. Walsh asked if they need to get 58 of those parcels to form the LID. Tucker stated they have 61 percent participating already in the fundraising and that their goal is to reach 75 percent or higher. Tucker stated everyone was very excited about the LID and that they would like to move forward with it. Walsh asked how many signatures are required from each parcel. Rob Roy, Advisory Board LID Member, stated they require one signature per household. Walsh asked if there is a sunset date on the LID or whether it is permanent. Roy indicated it can be dissolved upon a majority agreement of the residents after it is established. Page 3 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) (continued) Walsh asked who would collect the funding. Roy stated the LID Board that would be appointed by the Council would draft a budget, which would then be presented to the City Council for approval. Following that, the budget would be sent in to Hennepin County. The fee would then be assessed by Hennepin County the following year. Walsh asked what the biggest complaints are that are received from the residents. Tucker stated their biggest issue is an inability to reach people and that everything needs to be in place by the springtime. Sixty-one percent of the residents are currently in favor and have been funding it. Tucker stated they have attempted to educate the group and hold periodic meetings to answer questions. Tucker stated in her view they have gotten over a few hurdles with the residents and they have witnessed the results from the treatments. Council Member Printup asked how many people would be on the board. Tucker indicated seven. McMillan asked if they have a ballpark estimate for the treatment. Tucker stated they have projected an estimate for next year of $30,000. The following year will be perhaps $20,000, which would be $175 per resident. McMillan asked if they would still maintain the policy of not putting chemicals in front of anyone's property that is opposed to it. Mark Kieper stated they would be following that policy. Council Member Cornick asked where the grants came from. Tucker stated from 2008 to 2013, they received grants from the DNR and the LMCD, which were slowly reduced over the years. Tucker stated after the 5 -year project was done, the residents were pretty much on their own. In addition to the grants, they did receive a $3,000 contribution in 2010 from the City of Orono. Cornick asked what the average grant was. Mary Drazan indicated they varied. Tucker noted the LMCD gave $10,000 in 2008 and 2010. In 2011, the LMCD contributed $9,000 but discontinued the grant in 2012. The DNR was involved until 2013. Cornick asked if they feel there will be any future grants available. Tucker stated they do not unless it comes from the state. McMillan noted if the bays are treated every year, in the long term they end up using fewer chemicals. Page 4 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) (continued) ,Mark Kieper, 2499 Kelly Avenue, stated one of the likely reasons for the elimination of the grants is that more focus is now being placed on zebra mussels. Tucker stated the milfoil does tend to form a dense mat and also decreases property values. Tucker commented they have noticed a difference with the number of boats using the bay as well when the milfoil is being treated. Walsh asked whether high water or low water levels affect the milfoil treatments. Patrick Selter, PLM Lake and Land Management Corporation, Brainerd, stated the water level will impact it and that the chemicals are adjusted depending on the depth of the water. Selter stated they typically do not treat in deep water levels or in areas where there is grass growing. McMillan asked whether the treatment would impact lawn irrigation. Tucker stated to her understanding the residents must wait 24 hours. Selter stated irrigation on straight grass does not have any restrictions but treated water used on any vegetables or food crops can be up to 120 days. Printup asked what some of the negative feedback has been on bays that have been treated. Selter stated the biggest problem is native plant return. Selter stated natives are easier to deal with than the milfoil and that 80 percent of the milfoil vegetation is at the surface. Selter stated they are very careful in how the treatments are done and that they monitor the trends in the lake so they can see if there are any adverse impacts to the native plants. Selter stated they are now seeing on Lake Minnetonka that the plant diversity is increasing and the milfoil is decreasing. Scher stated a lot of people like the treatments but that it takes a couple of years to balance out the natives following the treatment. The areas that do not have consistent treatment can experience spikes in the milfoil. Walsh asked what the feedback has been on Lake Albans Bay. Roy stated the feedback has been very positive and that they have been able to go to treatments every other year. Roy indicated the biggest complaint they receive is the amount of native plants. Walsh stated he would be supportive of getting rid of the invasive species and the City contributing some money. Poehler noted the Council will need to hold a public hearing within 30 days once it is determined the petition is valid. Tucker stated they would like to start the petition now to get a head start for the spring. If approval is received from the Council tonight, they can start working on the petition. Tucker stated they can also then work with the City Administrator on electronic signatures. Page 5 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 5. CARMAN BAY LAKE IMPROVEMENT DISTRICT (LID) (continued) Walsh moved, Printup seconded, to direct the Carman Bay residents to move forward with the lake improvement district petition in the next 30 days and bring it back to the City Council for final approval once the signatures are verified. Printup commented he would be interested in hearing from the people who are not in favor as well. VOTE: Ayes 4, Nays 0. PUBLIC HEARING 6. CONSIDERATION OF LOCATION RESTRICTIONS, LEVEL III SEX OFFENDERS Community Development Director Barnhart stated over the past several months the City Council has discussed location restrictions for Level III sex offenders. Level III sex offenders are individuals that have committed sex related crimes, have been adjudicated, imprisoned, and have been designated as likely to reoffend upon their release. When a Level III individual is released, the State holds a neighborhood information meeting. Currently there is no city ordinance that provides guidance as to where Level III offenders may reside. Barnhart noted a number of cities are starting to respond to these concerns by drafting ordinances that prohibit residence of Level III offenders within certain distances of parks, schools, daycare centers. The Orono City Council had previously indicated they would like to receive comment from the public prior to moving forward with a formal ordinance. Barnhart stated the public hearing should be opened and then direction provided to Staff on how to proceed. Mayor McMillan opened the Public Hearing at 7:37 p.m. Richard Anderson, Crystal Bay Road, stated he has been around the Crystal Bay neighborhood for the last 55 years. The area has changed drastically in the last few years, with approximately 15 new kids as well as seven or eight new families living in the neighborhood. Anderson stated he would like the ordinance to also cover Level I and Level II offenders but that he understands it probably will not pass. Anderson stated his main concern is that they do not know who some of these people are that are corning into the neighborhood. Anderson stated they have an issue with people renting out their dock slips to non -Orono residents and that it is possible there are Level I to Level III sex offenders among those people. Anderson stated he knows who his neighbors are but that he does not know who these dock slip renters are. Anderson noted those people who rent out the boat slips are able to get the lay of the land and start to become part of the neighborhood. Anderson commended the City Council for considering this. Mayor McMillan closed the Public Hearing at 7:40 p.m. Printup asked why it is harder to regulate the Level I and Level II offenders. Page 6 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 6. CONSIDERATION OF LOCATION RESTRICTIONS, LEVEL III SEX OFFENDERS (continued) Barnhart stated information on Level I and Level II offenders is not public information and that data would be required in order for the City to enforce any ordinance. Walsh asked if Level III sex offenders are made known to the community. Corey Farniok, Orono Police Chief, stated the police department is informed of their residency, their place of employment or school they are attending, and vehicle information. That information is then tracked by the police department. Printup stated in his view the City should move forward with the ordinance and that the ordinance language should also include bus stops and other public places. Rich Anderson stated the language says if the offender is assigned to Risk Level I, the agency may maintain information within the agency. Anderson suggested the language should perhaps say "shall maintain". Anderson stated he is not saying they have to call Level I or Level II offenders out in the ordinance but that the Police Department should know that information. Farniok noted when the Police Department receives notification on Level I or II offenders and that information is maintained. The police department will also perform quarterly and sometimes monthly checks. Farniok stated they also maintain a photograph of the person. McMillan stated if the City moves forward with the ordinance, the legalities will need to be considered. Walsh commented the wheel has already been created and that the City does not need to reinvent everything. Farniok stated the concern is that some cities are over -reaching in their regulations and that they will likely be challenged at some point. Walsh stated he agrees that the City should not over -reach but that the City needs to be pro -active and protective of its citizens. Printup moved, Walsh seconded, to move forward with the location restrictions for Level III sex offenders. Cornick stated the most important part of the ordinance will need to be the mechanism for how it will be enforced. McMillan stated another thing would be to include a map to provide an idea of the areas that this ordinance will cover. VOTE: Ayes 4, Nays 0. Page 7 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. PUBLIC COMMENTS Dennis Libby, 1000 Heritage Lane, stated they are dealing with a number of approvals, projects and variances with new construction in their neighborhood. Libby stated the three elements that he would like to share with the Council today that have become increasingly a concern for Orono are private property rights, private enjoyment, and safety. Libby noted he spoke about these elements earlier this year during the process of some of the approvals. Libby stated to the Council's credit, in every occasion certain elements of rules, regulations and enforcements were established that were cognizant of the fact that when new construction happens, because of the introduction of heavy equipment, material delivery, and workers, those elements need to be maintained for the existing homeowners. Libby stated the unfortunate thing is that enforcement is a key issue. Libby stated the development at 1830 Shoreline Drive is a very large scale project that was approved. Libby stated it is an absolutely incredibly beautiful addition to the neighborhood, but unfortunately many of the rules and guidelines that were set up by the Council are not being observed either because there is a disconnect between the builder, the developer, and the contractors that are there on a daily basis or because they just are ignoring it overall. Libby stated it is really unfortunate when residents have to resort to taking the valuable time of the police community to enforce parking rules that in any other circumstance would be an immediate ticketed violation. Libby stated as the City moves forward with more development and more projects, the City needs to look at how those regulations can be enforced so the safety, quiet enjoyment and the personal property rights of others are really protected. PUBLIC SAFETY REPORT 7. AUTHORIZATION TO PURCHASE 2017 SQUAD CARS Police Chief Farniok, stated the Police Department is requesting Council authorization for the replacement of four vehicles in 2017. Farniok stated the vehicles are requested to be replaced either due to high miles or mechanical issues. Walsh stated he wanted to swap out No. 231, which is a West Metro Task Force vehicle, and put No. 238 in there for a preauthorization so it does not need to come back in eight months once it reaches a certain number of miles. Farniok asked if they would be replacing 233, 236, 238, and 237 Walsh indicated that is correct. Printup noted in the past he has seen a color -coded spreadsheet. Farniok indicated he will provide that to the rest of the City Council. Farniok noted he did provide it previously to Council Member Walsh. Walsh moved, Printup seconded, to approve the purchase of four 2017 Ford Police Interceptor Utility vehicles for $27,798.00 plus tax, registration and other miscellaneous fees from Waconia Ford in Waconia, switching out car 231 for car 238. VOTE: Ayes 4, Nays, 0. Page 8 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT *8. BALDUR PARK ROAD PAY REQUEST NO.3 — FINAL Printup moved, Cornick seconded, to approve Pay Request No. 3 to GMH in the amount of $1,443.85 and Pride Construction in the amount of $14,980.00 for the Baldur Park Road Rehabilitation project. VOTE: Ayes 4, Nays 0. *9. BROWN ROAD TRAIL REHABILITATION — FINAL PAY REQUEST Printup moved, Cornick seconded, to approve Final Pay Request to Bituminous Roadways in the amount of $28,745.20 for the Brown Road Trail Rehabilitation. VOTE: Ayes 4, Nays 0. 10. CSAH 112 TRAIL AND PARCEL EXTENSION a. CSAH 112 Trail Extension Option b. Tax Forfeit Parcel Public Works Director/City Engineer Edwards noted a couple of meetings ago representatives from Hennepin County Transportation Department presented an option for a trail extension along the north side of CSAH 112. The trail would go from Old Long Lake Road and continue south to link to the Luce Line Trail right before the interchange. Edwards stated Hennepin County is getting to the point in the design process where a decision is needed from the City on whether to pursue that option. The estimated cost to the City of Orono for that trail extension is $110,000, with Hennepin County also contributing $110,000. Edwards stated the trail would be included in the existing road project. The parcel of land that sits at the intersection of the Luce Line Trail and Wayzata Boulevard is a tax forfeited parcel and the City now has the opportunity to procure that piece of land to extend the trail up to the Luce Line. McMillan asked if the Park Commission recommended approval of the trail extension. Edwards stated the Park Commission recommended extension of the trail on a 5-1 vote. At the open house for Phase 2 of the 112 turnback project, 25 residents voted in favor of the trail and one was opposed. Approximately 40 people participated in the open house. Edwards indicated he did receive one e-mail today from a resident in support of the trail. Printup asked how many Orono properties would be affected by the trail. Edwards indicated four properties would be directed affected by the trail extension. McMillan noted originally the trail on Wayzata Boulevard was proposed to go on the south side of the road and that during the preliminary design process they switched it to the north side to go along the south shore of Long Lake and end up going past Birch's up to Old Long Lake Road. McMillan stated having the trail on the north side was a big improvement. McMillan noted the City of Long Lake spent an additional $100,000 to pay for the re-engineering of switching it from the south side to the north side. This additional extension would continue along the north side and hook up to the Luce Line Trail. Page 9 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 10. CSAH 112 TRAIL AND PARCEL EXTENSION McMillan stated the advantage to it is that it creates a looped trail system and the north end of Orono would be getting a great trail system if approved. McMillan noted in order for Orono to do this trail on their own, it would cost around $400,000 and that they would basically be getting the trail for a fourth of the cost. McMillan stated in her view it is a nice amenity with a huge cost savings. Walsh commented the trail is definitely a draw for the community and the only concern he had is what the residents think about the trail. Walsh stated he did attend the open house but there were no residents there at that time. Walsh indicated he spoke to a couple of the residents when he visited the area and that it would be helpful to have Hennepin County place some stakes showing where the trail will be. Walsh noted the property owner at 970 Wayzata Boulevard had no issue with the trail and the other two residents were not home and he did not have a chance to meet with them. Mayor McMillan asked if any residents would like to comment on this item Kent Cassidy stated he did attend the open house and at the time he did not vote against it. Cassidy stated they were not told what the impact would be to their property. Cassidy stated over the weekend they went out and measured it and they realized that from the arbor in the back of their yard to the edge of the pavement is 15 feet. Cassidy indicated they are concerned about privacy along there. Cassidy noted their back yard has been featured in a couple of magazines, they have had some weddings back there, and the Minnesota Arboretum has toured their property a couple of times. Cassidy stated they also have a pool in the back and that they have some concerns with safety given the pool. Cassidy stated they currently are very secluded and no one really knows there is a pool. Cassidy noted there currently is no fencing around the pool. Cassidy stated from the information they have been given, which is not a lot, he and his wife feel it will have a big impact on the way they enjoy their property and the value of their property. Cassidy stated they also recently installed an invisible fence for their dog which will probably have to be torn out. McMillan asked if anyone from Hennepin County talked to them at the open house. Cassidy stated they did not really speak to anyone from the County. Cassidy indicated they were gone for a week during this time frame and that they were thankful they found out about tonight's meeting so they could appear here. Cassidy stated they definitely are against it right now. McMillan noted Hennepin County will be here at the Orono City Hall at 8:00 a.m. Thursday morning and that he is welcome to stop by at that time. McMillan stated he could also leave his address and contact information with the Public Works Director so he can pass it along to Hennepin County. McMillan stated it is her belief that most of the trail is going within the right-of-way. Edwards stated all of the road and trail improvements are planned for within the right-of-way but there are some portions where the runouts for grade will go into existing private property and will result in the County needing to obtain the necessary casements to perform that work. Page 10 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 10. CSAR 112 TRAIL AND PARCEL EXTENSION (continued) Don Ristad, 1005 Old Long Lake Road, stated the plans he reviewed depict quite an elevation and that he is concerned about how far that will need to be excavated. In addition, if that has to be excavated, the trees that are at the top of the berm would be impacted. Ristad stated if they lose those trees, they will not have that buffer area. Ristad stated the concept is great but that he is concerned how it will impact his property. McMillan noted Hennepin County has not done any engineering at this point on the trail. Walsh stated if Hennepin County can stake where the right-of-way ends, they will at least get an idea of where things are going. Richard Anderson, Old Crystal Bay Road, stated when something is not in your own back yard, everyone is in favor of it. Anderson noted there are already a number of trails in the City and that they are proposing to spend $110,000 to connect the high school to the trail system and to the Luce Line. Anderson stated people are currently able to get on Old Crystal Bay Road and go down to the Luce Line. Anderson stated it is spend, spend, and spend in this town and that enough is enough. Anderson stated he was not opposed to the trail that was constructed behind his house but that the trail is a pain. Anderson stated the City has enough trails and that people can go anywhere they want to on any trail system with about a five minute ride. McMillan stated the point of the trails is to not have to drive anywhere. McMillan commented the trails help bring in a lot of people biking into Long Lake and that it would be nice for the community. McMillan noted she also has received a lot of compliments on Orono's trail system. McMillan stated at the time the City performed a survey ten years ago, people indicated they wanted trails and open spaces. Anderson commented the City has done well in providing a number of trails. Walsh stated he would table it until Hennepin County does the final leg work. Edwards stated the County is looking for a commitment from the City at this point before they expend the funds necessary to design the trail. Cornick moved, Printup seconded, to include the trail extension along the north side of CSAR 112 from Old Long Lake to the Luce Line as part of Phase 2 of the turnback project. Printup stated if the City finds that there is a property that is greatly impacted by this, the City should work with the County, but that this will help keep the ball moving forward. Edwards stated to his understanding it is Hennepin County's intent to work with all the impacted property owners on this project as they move forward. McMillan commented Hennepin County has worked hard with Long Lake to provide a number of amenities and that the trail and road improvements will be a positive. Page 11 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 10. CSAH 112 TRAIL AND PARCEL EXTENSION (continued) Walsh commented this might be putting the cart in front of the horse. Walsh noted when this item was in front of the Council two or three weeks ago, he said that he wanted to hear from the four affected property owners and that the City still has not done that. Walsh stated he would like to put it on hold until they figure that out. Cornick noted if the trail is not extended, the trail as currently designed goes nowhere. Cornick stated in his view the extension is common sense. Don Ristad stated the trail could follow Old Long Lake Road directly to the Luce Line very easily and would be prettier than following the roadway. Cornick noted that option was considered but the County does not have the necessary right-of-ways. Edwards stated the dotted green line on the map depicts a possible route along Old Long Lake Road. VOTE: Ayes 3, Nays 1, Walsh Opposed. 10b. TAX FORFEIT PARCEL Senior Planner Michael Gaffron stated the history of the parcel is that back in 1990 the City picked it up as a tax forfeited parcel. In 1999, the DNR sent the City a letter requesting that the parcel be released from that status so they could acquire it as part of the Wood -Rill Scientific and Natural area. At that time the City took steps to release the parcel back to the State for DNR acquisition, which was never done. In October of 2016, Hennepin County placed the parcel up for tax -forfeit auction, to be sold at auction November 18. When City Staff learned of the auction, they requested Hennepin County remove it from the auction list. At this time Staff is working towards re -acquisition by the City to ensure the ability of this property to remain either as City park/open space/drainage or for future acquisition by the DNR as originally intended in 1999. Hennepin County has appraised the parcel at $1,000. The parcel is half wetlands and half upland and abuts the trail. Gaffron stated from the City's perspective, it should be part of Wood -Rill and that the DNR is looking at it. Gaffron recommended the Council authorize Staff to pursue completion of the re -acquisition of the parcel in question at a cost to the City of $1,000 plus transfer fees of approximately $300. If the DNR wishes to purchase the property at some point, it could be transferred by the City to them. Walsh moved, Cornick seconded, to authorize Staff to pursue completion of the re -acquisition of the parcel in question at a cost to the City of $1,000 plus transfer fees of approximately $300. VOTE: Ayes 4, Nays 0. Page 12 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. PUBLIC WORKS DHtECTOR/CITY ENGINEER REPORT, CONTINUED Edwards reported on the following activities by the Public Works Department: • Tree trimming and stump removal at Casco Point Road, Spring Hill Road, Old Long Lake Road North Arm Drive • Predevelopment street inspection on Heritage Lane • Cleaned culvert on Tamarack • Televised pipe for easement survey on Orono Orchard • Winterized hydrants • Well construction is currently underway • Marked waterlincs for easement survey • The .fence is now complete at Lurton Park • Buckthorn removed at Crystal Bay Park • Set up and tore down election equipment *11. NORTH ARM TRAIL STUDY Printup moved, Cornick seconded, to approve Bolton and Menk to conduct a feasibility study for a trail along North Arm Drive for a fee not to exceed 53,000. VOTE: Ayes 4, Nays 0. *12. SEWER TELEVISING Printup moved, Cornick seconded, to accept the proposal from Visu-Sewer for sanitary sewer televising for $38,500. VOTE: Ayes 4, Nays 0. PLANNING DEPARTMENT REPORT — KEVIN LANDGRAVER, REPRESENTATIVE 13. #16-3862 ROBERT LUND, 2732 CAROLINE AVENUE, VARIANCE AND CONDITIONAL USE PERMIT City Planner Melanie Curtis stated the property owner originally proposed to construct a second story addition over their existing detached garage to use as a guest house. After receiving bids for the construction, the applicants have decided to scale back the project and remodel the interior of the existing detached garage to function as a guest house. The Planning Commission held a public hearing and recommended approval of the original plan. They have not reviewed the revised plan. The City Council should review the plan and make a decision. Planning Staff recommends approval of the revised project. A conditional use permit is required as well as a variance because the existing footprint is larger than 1,000 square feet. A draft approval resolution has been provided for Council's consideration which will need to be amended and adopted at the next City Council meeting. McMillan noted there does not appear to be very many changes with the revised plan. McMillan asked if there are any factors the City Council should consider with the new proposal. Page 13 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 13. #16-3862 ROBERT LUND, 2732 CAROLINE AVENUE, VARIANCE AND CONDITIONAL USE PERMIT (continued) Curtis indicated the original plan was a full second story and the revised plan has an expanded dormer look to accommodate the second story with some areas in the roof that will be used for storage. Curtis stated the revised plan is basically pretty similar to what was presented to the Planning Commission. McMillan asked if it is the same footprint. Curtis indicated it is. Walsh moved, Cornick seconded, to direct Staff to amend the draft approval resolution to grant a conditional use permit and variance to allow the remodel of the interior of the existing detached garage to function as a guest house for the property located at 2732 Caroline Avenue. VOTE: Ayes 4, Nays 0. 14. #16-3868 CHARLES CURD, INC., SHADYWOOD VILLAS 2525, 2535, AND 2545 SHADYWOOD ROAD — FINAL PLAT Barnhart stated the developer and Staff have been working on finalizing the final plat documents associated with the Shadywood Villas. The Council reviewed the preliminary plat for this property a couple of months ago. Staff is seeking direction on the following threc main questions: Question No. 1: Upon closer inspection of the proposed homes, it was discovered two homes exceeded the floor area ratio of 0.5 that is allowed by the City's RPUD zoning ordinance. The floor area of the homes is 4,893 square feet and includes the entire basement, main floor, sun porch, and garage. The resulting floor area for Lot 3 is 0.55 and 0.63 for Lot 4. The homes have not changed from the briginal plan that was submitted. The Planning Commission and the City Council did not seem too concerned with the deviation in the FAR at the time of preliminary plat. Question No. 2: The developer desires to start construction on the homes before the first lift of asphalt is applied to the new internal street. The internal street is a public street. Allowing home construction before the first lift gives the builder a seven month head start, as the first lift likely will not be applied until next May, with a foundation potentially being dug in June -July. Historically the City of Orono has required at least the first lift prior to construction of any homes for emergency access and engineering/construction management. The developer is looking to install the curbing and begin construction on two homes. Barnhart indicated Staff is not supportive of that request. The challenge is there is no way to guarantee the quality of the road post construction given the heavy equipment that will be used. Barnhart noted a portion of the street is a public road. Question No. 3: The developer also desires to begin grading before the final plat is approved. Historically the Council has required that the plat be recorded before work begins. This encourages the developer to address all the small details that permit a successful project and reduces the likelihood of prior liens and interest being established that would interfere with the city filing. Page 14 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 14. #16-3868 CHARLES CUDD, INC., SHADYWOOD VILLAS 2525, 2535, AND 2545 SHADYWOOD ROAD — FINAL PLAT (continued) Staff does not support this request for an early start. However, if the Council supports the request, Staff would suggest that at a minimum all fees are paid, the letter of credit be provided, and the grading and erosion control plan be formally approved by the City Engineer prior to work commencing. The City's standard development agreement has been included in the Council's packet. McMillan asked what the rationale was for it being a public street. Barnhart indicated it has been proposed to be a public street since the very beginning of the process and is consistent with the City's ordinances. McMillan asked if it is a public street based on the density. Barnhart indicated it is. McMillan noted the City tends to stay away from cul-de-sacs being a public street Barnhart stated Staff raised that question early in the process but that the developer has proposed it as a public street from the beginning. Printup indicated he is okay with the floor area ratio. Walsh stated he does not have a problem with No. 1 but that he does have a problem with No. 2. Walsh stated it is the Council's job to protect community assets and that this will be a public street, which is one of the City's assets. Walsh stated in terms of the grading, he is not as concerned about that. Walsh stated if there is any possibility that there are prior liens, he would want to make sure there is some type of title insurance in place to protect the City since liens would impact what happens with the remainder of the project. Barnhart noted the City does receive from the developer a title commitment which proves that the developer owns the property and they have legal authority to plat it. Walsh stated it is more in relation to future filings that have to be done prior to work commencing. Walsh stated dealing with liens can be a very long process. Walsh noted the developer would also have to get early start coverage from a title company. Pochler stated they can work with the title company on that issue. Walsh stated he is not real supportive on the question regarding the road since the City will have to maintain it eventually. Page 15 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 14. #16-3868 CHARLES CURD, INC., SHADYWOOD VILLAS 2525, 2535, AND 2545 SHADYWOOD ROAD — FINAL PLAT (continued) John Stein, Charles Cudd, stated as far as the road construction goes, it is hard to get a roll test later in the fall since there is no good drying time and that they would increase the amount of sand being placed and install drain tile to ensure good drainage. Stein indicated they would also up the gravel to an inch and a half minus. Stein stated with those changes, there would be a far better base for the road. Stein noted once he leaves the street, he also has to maintain a gravel road to the house through the spring rainy season. To maintain that driveway, fabric is installed with 12 inches of 1.5 minus, which is then topped by three inches clear. Stein indicated that helps minimize the mud. Stein stated that is how they would maintain the road over the winter, and in the spring the three inch would be removed and the curbs would get installed. Stein stated it is a better tested road without the asphalt because it demonstrates that the base will hold up with the heavy equipment. Walsh stated he can see his argument and that they would likely gain better compaction but that he would defer to the City Engineer on that question. Stein stated he understands what the minimum standards are for a gravel base and that he would maintain that throughout the winter. Printup asked what the City can do to protect itself and ensure that the road is constructed properly. Stein stated they would also not request a temporary certificate of occupancy and that the future homeowners would be told that their certificate of occupancy is tied to the completion of the road and other parts of the development. Stein stated they would also ensure that the road is holding up prior to installation of the curb. Stein noted the road is also 200 feet long, which is very short. Barnhart stated Staff is very uncomfortable with allowing house construction to begin prior to the road being built and that the homeowners will have questions on why they are not being allowed to move in if the development is not totally completed. Barnhart stated after the development is full developed, the homeowners will also wonder why the road is failing after five years. Stein stated the road they construct will hold up to the heavy equipment and that a normal road section does not hold up to that. Walsh commented the City also has no guarantee that Charles Cudd will be the developer 60 days from now. Stein stated Charles Cudd is here to follow through in getting the homes built. McMillan asked whether it is common to allow homes to be built prior to the first lift of asphalt. Poehler stated it is extremely unusual to have a house built before the road has the first lift of asphalt. Edwards stated it is possible to construct a road under winter conditions but that it is more expensive and more risky. Page 16 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 14. #16-3868 CHARLES CUDD, INC., SHADYWOOD VILLAS 2525, 2535, AND 2545 SHADYWOOD ROAD — FINAL PLAT (continued) Edwards noted in some of the recent developments, Staff has had developers ask about changing some things with the road design and that Staff is more comfortable when they increase the specs on the road rather than decrease the specs. Edwards stated it is possible technically to build the road but that it is usually more of an issue regarding the sequence of the building of the development. Edwards stated if the Council decides to allow it, they will definitely want to have it all in writing and then Staff will need to determine when the inspection and quality checks occur. Stein noted there are plenty of gravel roads that were built not that many years ago and that the asphalt requirement is a fairly new thing. Walsh stated he worries about this development being the guinea pig and allowing it since other developers will likely request the same thing. Walsh stated he is still not comfortable with the second question but that the issues with the third question can probably be resolved. Cornick stated one thing he has learned is that the devil is always in the details and that he would be really uncomfortable going forward without plat approval. Stein noted the only piece that is not done is the vacation easements. Stein stated if the old lot lines were already vacated, the Council could be approving fmal plat tonight. Stein noted that requires a public hearing, which will be done at the Planning Commission meeting next week. Walsh stated if there are no liens that are found, he would be okay with No. 3 since it could be handled with title insurance. Walsh indicated he is okay with 1 and 3 but that two is a no go. McMillan stated she is struggling with 2 and 3. McMillan noted the City used to allow house construction prior to the first lift of asphalt but that it ended up causing some issues and now they wait until the final plat is approved. McMillan stated citizens will get upset if developers are out there grading when the final plat has not been approved. Walsh moved, Cornick seconded, Application No. 16-3868, Charles Cudd, LLC, 2525, 2535, and 2545 Shadywood Road, to direct Staff to prepare the final plat approval resolution and development agreement approving Question No. 1 but denying Question Nos. 2 and 3. Barnhart noted the final plat and the development agreement will be back before the City Council in two weeks. VOTE: Ayes 4, Nays 0. *15. #16-3869 SCOTT D. HOCHSTEDLER, 290 CRESTVIEW AVENUE — VARIANCES — RESOLUTION NO. 6689 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6689, a Resolution Granting Variances to Municipal Zoning Code Sections 78-305 for Property Located at 290 Crestview Avenue. VOTE: Ayes 4, Nays 0. Page 17 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. *16. #16-3870 SCOTT D. HOCHSTEDLER, 290 CRESTVIEW AVENUE, RIGHT-OF-WAY VACATION - RESOLUTION NO. 6690 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6690, a Resolution Vacating a Dedicated Right -of -Way Within the Plat of Bayside Addition to Lake Minnetonka, Hennepin County, Minnesota, File No. 6-3870. VOTE: Ayes 4, Nays 0. *17. #16-3871 PIVEC CONSTRUCTION ON BEHALF OF MIKE SETNICKER,1175 WILLOWBROOK DRIVE - VARIANCE - RESOLUTION NO. 6691 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6691, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1434 and 78-1435, for the property located at 175 Willowbrook Drive, File No. 16-3871. VOTE: Ayes 4, Nays 0. *18. #16-3872 REVISION, LLC, ON BEHALF OF TIMOTHY AND AMY SULLIVAN, 440 BROWN ROAD SOUTH -VARIANCE -RESOLUTION NO. 6692 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6692, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1434 and 78-1435, for the property located at 440 Brown Road South, File No. 16-3872. VOTE: Ayes 4, Nays 0. *19. #16-3873 RYAN AND NATALIE BLACKWELL, 80 SMITH AVENUE - VARIANCES - RESOLUTION NO. 6693 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6693, a Resolution Approving Variances from Municipal Zoning Code Section 78420, for the property located at 80 Smith Avenue, File No. 16-3873. VOTE: Ayes 4, Nays 0. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD - VARIANCES - RESOLUTION NO. 6694 Gaffron stated the applicants are planning to construct a new home on a substandard lakeshore lot for the Shaw family. The property currently contains a small home with no garage. The lot is approximately one-quarter acre in a half -acre zone. It is one of the smallest lakeshore lots on Shadywood Road due primarily to the shape of the lakeshore. The property is served by municipal sewer and water. The applicants are requesting variances for hardcover and structural coverage as well as lot area and lot width. The proposal includes a new home with an attached 2 -stall garage and a driveway with a backup apron to allow vehicles to enter Shadywood Road in a forward manner. While the existing small cabin encroaches approximately 18 feet into the 75 -foot lakeshore setback, the new home is proposed to be 75 feet from the OHWL. The cabin also encroaches 16 feet lakeward of the average setback. The new home will meet both the 75 -foot lakeshore setback and the average setback. A portion of a grade -level patio, however, will extend past those lines. Hardcover of that type is typically not allowed in the 0-75 foot zone. Total hardcover proposed for the site is 29.6 percent where only 25 percent is normally allowed. Existing hardcover is 16.9 percent with the existing cabin. Page 18 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 6694 (continued) Structural lot coverage, including the proposed house, the attached garage and the roofed front stoop, calculates at 18.2 percent where 15 percent lot coverage is allowed. The Planning Commission recommended approval of all the variances. They noted that if the lot coverage variance was not granted, the house would have to be reduced to a size that would be out of character with the immediate neighborhood. It was also noted that other homes in the neighborhood exceed the 15 percent limit, with some of those homes being granted variances in order to do so. Staff recommends approval of the lot area, lot width, hardcover and structural lot coverage variances as proposed. A resolution for approval is before the City Council this evening. Printup asked how much the patio encroaches. Gaffron indicated it is approximately eight to ten feet past the average setback line. Given the fact that it is a grade -level patio, the visual impact would be minimal. Walsh stated the only issue he has is the fact that this would be a clean slate. Walsh stated the property owners need to have the extra apron to get out onto Shadywood safely and that he is not opposed to the extra hardcover. In addition, being a small lot is a hardship. Walsh stated the 0-75 foot zone is an issue and that he does not feel hardcover for a patio should be allowed within the 0-75 foot line. Printup stated he is okay with the turnaround but the 0-75 foot encroachment is an issue Gretchen Shaw, Applicant, stated they are here to answer questions. Sven Gustafson, Stonewood, LLC, stated they did attempt to design a house that would be as small as functionally possible, with a two -stall garage. The neighbors understand what is being proposed and they are in support of the request. Gustafson noted they are moving the house back from where the patio currently exists and that half the depth of the patio is where the lakeside of the home is located currently. Gustafson stated this is a good improvement in view for both neighbors. McMillan asked what the practical difficulty is for the variance in the 0-75 foot zone. Gustafson indicated the hardship is moving the house further back from the lake. The turnaround is a desire to have some place to park off of Shadywood given the short driveway. Gustafson stated they can pull it back a little bit but then it would be difficult to park and turn cars around. McMillan stated in her view the Planning Commission did a good job of reviewing the application in regards to the structural lot coverage and the hardcover. McMillan stated it appears the only issue in the 0-75 foot zone is the patio. Page 19 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 6694 (continued) Gustafson stated that is the only structure in that area. Gustafson indicated the dashed line is the existing house today, which will be pulled back, and the patio is approximately 10 feet into the average lakeshore setback. Cornick commented he has no issues with the application and that he agrees with the Planning Commission 100 percent. McMillan stated she is in agreement with Council Member Cornick and that the practical difficulties were well reasoned by the Planning Commission. Printup stated quite simply the issue is the 0-75 foot zone. Printup noted the Council has had a number of discussions about allowing boulders and stepping stones in that area. Printup stated while the patio almost makes sense and the house has been relocated out of that area, once the City starts to allow structure or hardcover in the 0-75 foot zone on new construction, it puts the Council in a bad position for the next applicant. Walsh stated he has held fast on anything in the 0-75 foot zone for the past two years. Walsh stated once the patio is approved, it could be converted into a deck, and that it raises the question of where does it end and who gets stuff in the 0-75 foot zone and who does not. Walsh stated he just cannot live with changing his direction on the 0-75 foot zone and that they will have to maneuver things out of that area. Gustafson stated if the architect is able to reconfigure things and pull the northerly side of the house'back, they would not meet the 30 -foot setback from the street. Gaffron noted the house would be approximately 50 to 55 feet from the actual traveled road, and if the house is pushed closer to the street, it would require a variance to the street. McMillan commented a functional driveway is necessary given the traffic on Shadywood Road. Gustafson stated pushing the house forward is a possibility but that he is not sure what it will do to the grade of the driveway. Shaw commented it is always a balancing act and that shortening the driveway will limit guest parking and the ability to turn around. Shaw noted there is no parking allowed on the street. McMillan noted the City has been pretty accommodating to the other houses on the street for that reason. Printup stated he would be interested in seeing what could be done about pulling it back towards the street. Walsh stated the Council could say they will give them everything except for the 0-75 foot setback and that the applicants can come up with a design that fits into that. Gustafson asked whether a variance to the 30 -foot street setback is something the Council would consider. Page 20 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 6694 (continued) McMillan stated it might result in a considerable expense if the house is relocated. Lyle Shaw commented the grade is pretty steep currently. Gustafson stated it appears to rise approximately six feet from the street. McMillan stated she is not sure how much the applicants want to shorten the driveway up given their location on Shadywood. Gustafson stated they can ask the architect if she can move the northerly side of the house closer to the street and that it would make more sense than shortening and steepening the driveway. Gretchen Shaw stated shortening the driveway would likely force their guests to park on the grass down by the street. Walsh stated it goes back to the architect and that the Council can approve everything but the variance for the 0-75 foot zone. Gustafson asked what the process is from today if they change the design. Gaffron indicated it would be up to the Council on whether they want the Planning Commission to see it again. If a street setback variance is going to be requested, the Council would need to see it again, but if they are.able to fit everything in without the need for any variances, the City Council would not need to review it again. Gustafson asked if it would require a whole new application if they want to explore the street side setback. Gaffron stated this application could be amended. Gaffron stated technically it would require a public hearing but that it could be held before the City Council. Walsh stated if the application is just being amended for one thing, it would not be that big of an issue and that they could skip the Planning Commission. Walsh stated if they need to come back before the City Council that would add a couple more weeks to the process. Gaffron stated given the required publication time, they are looking at probably the December meeting. McMillan asked what the square footage is in the 0-75 as it relates to the patio. Gaffron indicated it is 110 square feet. Gustafson stated another option is to decrease the size of the patio and make it more of a landing. Page 21 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD --- VARIANCES — RESOLUTION NO. 6694 (continued) Walsh stated that is not something they have to decide tonight and that the architect could look at shifting things around to fit it into what is approved. Gustafson stated that would be a challenge since they are proposing a tight floor plan already, which does not leave a lot of room for changing things around. Gustafson commented he does not want to speak for the architect on whether things can be changed. McMillan asked how the City has been in the past with allowing patios in the 0-75 foot zone. Gaffron noted patios are not considered structure and that it is considered strictly a hardcover issue. McMillan asked if there are any other hardcover items on this property in the 0-75 foot area. Gaffron stated he is not aware of anything. Gretchen Shawn stated there are no stairs going down to the lake and that the reason they go into the 0-75 foot zone is the nature of the shoreline. Gustafson stated in his view they are going to have difficulty redesigning the main floor. McMillan commented she is also concerned about the expense if they have to redesign things_ Gustafson noted the garage is pushed up against the 30 -foot street setback and the stairs are tucked behind the garage, which means the stairs cannot move. Gustafson stated if the gathering room inside the house moves forward 10 feet, the layout does not work anymore. Gustafson stated he is not sure if redesign is an option here and that in his view the street side setback variance may be the only option. Printup commented another option would be to reduce the size of the patio. McMillan stated the City has been attempting to be more accommodating with decks and patios. Gretchen Shaw noted they are proposing a patio and not a deck. McMillan asked if they would ever consider stairs down to the lake. Gretchen stated stairs would be nice but that they have gotten by for 20 years without them. Walsh noted the applicants could always add stairs if they wanted to since they are allowed in the 0-75 foot zone. Printup stated in fairness to the applicant, the Council should table this to allow the architect a chance to reconsider things. McMillan stated it also appears the Council is tied 2-2. Page 22 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 20. #16-3874 STONEWOOD, LLC, ON BEHALF OF LYLE AND GRETCHEN SHAW, 1750 SHADYWOOD ROAD — VARIANCES — RESOLUTION NO. 6694 (continued) Walsh stated approving everything besides the 0-75 variance would give them an opportunity to not have to come back before the City Council. Gustafson stated they can have the conversation with the architect and then come back in a couple of weeks. Gaffron asked if they have a time frame for starting construction. Lyle Shaw stated this week. Gretchen Shaw asked whether that would be into December if they have to come back before the Council Gaffron stated if a new variance is being requested, it will likely be four weeks since Staff has to have time to publish a public hearing before the City Council. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6694, a Resolution Granting Lot Area, Lot Width, and Structural Lot Coverage Variances to Municipal Zoning Code Sections 78- 3501,78-1403, 8- 350,78-1403, 78-1680, and 78-1700, for property located at 1750 Shadywood Road, with the hardcover variance being denied. VOTE: Ayes 4, Nays 0. 21. 916-3875 PILLAR HOMES ON BEHALF OF WHITNEY WINDMILLER AND GREG BLASKO, 3295 CRYSTAL BAY ROAD — VARIANCES — RESOLUTION NO. 6695 Barnhart stated the applicants are proposing to remove the existing one-story walkout basement home and replace it with a two-story walkout basement home. Variances from lot area, lake yard, rear yard, and structural coverage are being requested to build the designed home. The proposed home would extend into the required lake yard by 11 feet, reduce the rear yard setback to 11 feet, and include 17 percent structural coverage where 15 percent is permitted. There is an existing water main that cuts through the west side of the lot and further impacts the buildable area. This water main is not within an easement. At the request of the City Engineer, the applicants are providing an easement to protect the water main if the variance is approved. The Planning Commission reviewed this application at its October meeting and held a public hearing. Two comments have been received regarding the variances and were generally in support of the variance. There was a concern expressed by the neighbors about the impact to the access lane. The Planning Commission voted 5-0 in favor of the variances and recommended conditions to protect the access drive and formalize the water main encroachment. Walsh stated he would have consented this item but he did not see in the resolution any language about the easement or the gravel driveway. Page 23 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 21. #16-3875 PILLAR HOMES ON BEHALF OF WHITNEY WI DMILLER AND GREG BLASKO, 3295 CRYSTAL BAY ROAD — VARIANCES — RESOLUTION NO. 6695 (continued) Barnhart stated the easement for the water main is a separate document and that has been taken care of. Barnhart noted that was received after the Council packet was prepared. McMillan stated she had no problem with the application. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6695, a Resolution Granting Variances to Municipal Zoning Code Sections 78-350 and 78-1403 for Property Located at 3295 Crystal Bay Road, File No. 16-3875. VOTE: Ayes 4, Nays 0. *22. #16-3876 STONEWOOD, LLC, ON BEHALF OF LUKE BELTNICK,1380 ORONO LANE, VARIANCES — RESOLUTION NO. 6696 Printup moved, Cornick seconded, to adopt RESOLUTION NO. 6696, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1281, 8-1282, 78-1605, and 8-1680, for the property located at 1380 Orono Lane, File No. 16-3876. VOTE: Ayes 4, Nays 0. 23. TIM AND LORIE LINE PIANO RECITAL, 4415 FOREST LAKE LANDING, UPDATE Barnhart noted in September the City Council reviewed a home occupation request from Tim and Lorie Line. At that time the Council denied the request feeling that it was inappropriate for the residential neighborhood. Since then Staff has shared with the Lines that they do not have permission to operate any events as they have identified earlier. The Lines have informed Staff that they are not charging admission for their event so it would not be considered a home occupation based on a strict reading of the City ordinance. Barnhart stated technically it does not fall within a special event which somewhat ties Staff's hands for enforcing the ordinance. At this point Staffs recommendation is to initiate an amendment to the City's special event permit as it relates to the definition of a home occupation and how the review is to be done to hopefully address any future events in 2017. Barnhart stated in his view it would be beneficial to review the ordinance. Barnhart noted the City cannot compel the Lines to appear. Knowing that there are some neighborhood concerns, the Police Chief does recognize the concern and will step up patrols in that area and make sure it is not a problem. Staff will share that information with the Council as the need arises. Walsh asked if the Lines have come up with a parking plan. Walsh indicated he has heard the church is not going to allow parking in their lot and that if there are more than 20 cars parked on the public street that would require a special event permit. Barnhart indicated he did ask the Lines to share that with the City but he has not received it as of this time. Barnhart concurred that if more than 20 cars are parked on the public street, it would require a special event permit. Walsh asked if the residents could call the police department and request that some no parking signs be erected in their yards. Page 24 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 23. TIM AND LORIS LINE PIANO RECITAL, 4415 FOREST LAKE LANDING, UPDATE (continued) Barnhart stated if there is a public safety concern, such as blocking fire hydrants or driveways that would be justification for the police department to react. Barnhart stated he hopes the police department would be on active patrol. Walsh stated he would just like the neighbors to know that this is a possibility since no parking plan has been submitted to date. Walsh stated the Council needs to move forward on this and that they have talked about amending the ordinance and code issues. Barnhart indicated this item will be on the November Council work session and will be a high priority. McMillan stated she has received a fair amount of complaints this summer about fireworks on Lake Minnetonka on Sunday nights. McMillan stated that would also fall under the special event permit and that there should be some discussion on whether there needs to be some type of notification process. McMillan asked if anyone from the public would like to comment on this item. Stacey Schoenzeit, 4480 Rest Point Road, stated she realizes the City Council has reviewed this before and denied it. Schoenzeit stated the neighbors do not understand how the paid concert events taking place from this Thursday through next Wednesday that were originally advertised on the Lines' website have been taken off and can now be misconstrued as not being business. Schoenzeit stated it is a commercial concert. Schoenzeit questioned where the proof is that the Lines have not gotten paid for the concerts or that they have refunded the money. Schoenzeit asked where the proof is that it is now family and friends that will be attending versus what was publicized. Schoenzeit stated the Lines originally advertised it as a professional use of their home and that it is nothing but semantics. Schoenzeit stated it is the same people, the same nights, the same parking issues, and that nothing has changed but is simply semantics. Schoenzeit stated the neighborhood is also wondering if the police can come and tell the Lines that they cannot do this. Schoenzeit stated it is in violation of everything the Council voted against. Schoenzeit asked how the City will enforce what has already been denied. Schoenzeit requested the Council to please change the ordinances. Schoenzeit stated they know the Lines would like to hold these private concerts again in 2017 and that there will be more than 20 cars and over 50 people for each of these events. Schoenzeit noted the Lines have already done it for 15 nights and that their street cannot handle it. McMillan stated it is a challenge and that the Council will need to figure out how to enforce it. Walsh stated the City has not encountered a situation like this where someone has manipulated the code, which is forcing the City to tighten up the language. Walsh noted if somebody wants to rent their dock out and the City cannot prove money is changing hands, the City cannot enforce that either. Page 25 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. 23. TIM AND LORIS LINE PIANO RECITAL, 4415 FOREST LAKE LANDING, UPDATE (eontanued) Loren Schoenzeit stated one of the concerns is that they are the same dates, the same customers, and the same residential property being used for the exact same events with the same number of cars. Schoenzeit noted the previous events resulted in cars overflowing the 25 -stall church parking lot which resulted in the church telling the Lines that they cannot use their parking lot. Schoenzeit stated the Lines have managed to find a way to call it something different. Schoenzeit noted if someone were to request a variance application, the City does not let the applicants fill out their own hardcover sheet but it has to be signed by a surveyor. Schoenzeit stated the City said no to the special event permit. Schoenzeit noted the code also says six special events but the Lines have had 15 commercial concerts. Schoenzeit stated the fact that they are not exchanging money is irrelevant. Schoenzeit stated if this was a birthday party or a graduation, they would not be here, but this is a commercial activity whether money is changing hands or not and that the neighbors are looking to the City to enforce the resolutions that have been passed. Cornick stated Stacey brought up a good point by asking whether there is any verifiable evidence that the Lines are not collecting money. Barnhart stated the City is not in a position to prove that and that Staff has to go by what the ordinance says. Based on what Staff knows, the Lines are not in violation of any section of the ordinance. Barnhart stated noise and parking could be an issue and that those things will be observed. Barnhart indicated the City has to wait for a violation to occur before the Lines can be cited for it. Barnhart noted the Council will be discussing the special event permit at their November work session. Walsh suggested the City receive an update from the Police Chief at their work session. Stacey Schoenzeit noted two neighbors have previously contacted the police and that they did not get any response. Walsh stated the Police Chief has told him that they will be doing extra patrols in the neighborhood. Poehler stated the resolution that was passed was based on a commercial event and that the City needs evidence that it is not that. Poehler stated the City has the testimony of the Lines that they are not charging anything, and because of that, it is no different than somebody having a party at their house. Stacey Schoenzeit asked if the fact that it was on their website and they sold tickets counts for anything. Poehler stated it would be a misdemeanor and that the City has a higher degree of proof when it comes to a criminal matter. Poehler stated to her understanding the City does not have any proof to the contrary. *24. AUTHORIZE CONTRACT DEMOLITION, 3907 CHERRY AVENUE Printup moved, Cornick seconded, to accept the bid to demolish the home at 3907 Cherry Avenue. VOTE: Ayes 4, Nays 0. Page 26 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. MAYORICOUNCEL REPORT Walsh stated he would like to thank his supporters and that he looks forward to 2017. Walsh thanked Mayor McMillan and Council Members Cornick and Levang for their work on the City Council. Cornick indicated he had nothing to report. Printup stated he had nothing to report. McMillan stated she would like to thank City Staff for overseeing the election process. McMillan stated it was a big election year and that Staff did a good job at managing the issues that arose with the iPads. McMillan stated she appreciates all their work which allowed the election to run as smooth as possible. McMillan congratulated Council Member Walsh on being elected mayor and Victoria Seals and Richard Crosby on being elected to the City Council. McMillan reported she attended the Highway 12 Safety Coalition meeting on November 3. The concrete barrier has been installed and reflectors will be installed on the concrete barriers. MnDot is also looking at installing a concrete barrier west of Highway 6 to Highway 29 in Maple Plain. McMillan stated that section of the highway will be more difficult to install barriers due to the narrowness of the road. McMillan noted MnDOT spent $3.2 million on Highway 12 in 2016, which consisted of $2.3 million on the barrier, $800,000 for turn lanes near Highway 92, and $100,000 for lighting. McMillan reported she has received a lot of thank you' s from the residents regarding the concrete median and that some people have said they have started driving that road again since they now feel safer. CITY ADMINISTRATOR'S REPORT 25. OFFICIAL CALENDARS *a. Proposed 2017 Official Calendar *b. Proposed 2017 Planning Commission Liaison Calendar C. Council Liaison to Park Commission Meetings in 2017 Walsh stated he would like to table Item 25c until the beginning of the year. Printup moved, Cornick seconded, to approve the 2017 Orono Official Calendar. VOTE: Ayes 4, Nays 0. Printup moved, Cornick seconded, to approve the schedule for Council attendance at Planning Commission meetings during 2017. VOTE: Ayes 4, Nays 0. Walsh moved, Printup seconded, to table the schedule for Council attendance at Park Commission meetings during 2017 until January. VOTE: Ayes 4, Nays 0. Page 27 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2016 7:00 o'clock p.m. *26. CLAIMS/BELLS Printup moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Attorney Poehler stated she has nothing to report. ADJOURNMENT Printup moved, Cornick seconded, to adjourn the Orono City Council meeting at 9:39 p.m. VOTE: Ayes, Nays 0. ATTEST: Tiegs, City Clerk Lili Tod McMillan, Mayor Page 29 of 28