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HomeMy WebLinkAbout06-12-2017 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, Council Members Richard Crosby, II,Wendy Dankey,Aaron Printup, and Victoria Seals. Representing Staff were City Administrator poug Reeder,Community Development Director Jeremy Barnhart, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards,City Attorney Soren Mattick,and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 21 and 24 were added to the Consent Agenda. Item No. 17 was removed from the Consent Agenda. 2. CITY COUNCIL MEETING MINUTES OF MAY 22,2017 3. CITY COUNCIL WORK SESSION MINUTES OF MAY 22,2017 4. CLAIMSBILLS 5. APPROVAL OF TRANSIENT MERCHANT LICENSE—RENAISSANCE FIREWORKS 6. APPROVAL OF KENNEL LICENSES 7. APPROVAL OF HAULER LICENSE 8. RECHEDULE PUBLIC HEAERING FOR CARMAN BAY LID 9. PUBLIC WORKS MAINTENANCE WORKER COMPENSTION ADJUSTMENT 10. ROAD MAINTENANCE CONTRACT AWARD 2017 11. WILLOW DRIVE TRAIL REHABII.ITATION 12. APPOINT JOHN THIESSE TO PLANNING COMMISSION—THIItD,3-YEAR TERM 13. PURCHASE OF TAX FORFEITED PARCELS FOR PERMANENT CONSERVATION RESOLUTION NO.6764. 14. #17-3934 JIM KIRKLAND OB/O NORTH SHORE MARINA,SMITH'S BAY, 1955 SHORELINE DRIVE,VARIANCES—RESOLUTION NO. 6765. 15. #17-3936 ORONO PUBLIC SCHOOLS,685 OLD CRYSTAL BAY ROAD NORTH, CONDITIONAL USE PERMIT—RESOLUTION NO. 6766. Page 1 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. CONSENT AGENDA—Continued 16. #17-3937 BLACK BEAR BUILDERS OB/O JOHN BROOKS,905 FERNDALE ROAD WEST,VARIANCES,RESOLUTION NO.6767. 17. #17-3938 TC HOMES,INC.,(Brian Tutt)OB/O NANCY BLOMS, 1325 REST POINT LANE,VARIANCES: LOT AREA,LOT WIDTH, STREET SIDE YARD SETBACK RESOLUTION NO.6768. This item was removed from the Consent Agenda. 18. RESIGNATION OF RACHEL DODGE—ADMINISTRATIVE SUPPORT ASSISTANT 21. #17-3935 ORONO PUBLIC SCHOOLS,2687 WAYZATA BOULEVARD WEST, CONDITIONAL USE PERMIT—RESOLLJTION NO. 6769. 24. #17-3941 ORONO PUBLIC SCHOOLS/CITY OF ORONO,685 OLD CRYSTAL BAY ROAD NORTH,TEXT AMENDMENT: SCHOOL DISTRICT ZONING—ORDINANCE NO. 198,THIRD SERIES. Printup moved, Seals seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Walsh stated this is the section of the City Council meeting where residents are allowed to make public comments relating to items not currently on the agenda this evening. Walsh requested the comments be limited to five minutes. Jay Nygard, 1386 Rest Point Road, stated he is here tonight to accept an apology from the City Attorney and the City. Nygard indicated there was a letter to the editor a few days ago written by him and it outlines how the City Attorney was not exactly truthful in an article entitled"Latest Orono Lawsuits Include Neighbors, City and Mayor"published on May 1 l, 2017,by the Lakeshore Weekly. In that article City Attorney Soren Mattick stated that a court recently upheld the City's ordinance on SWECS. Nygard stated the Minnesota Court of Appeals,who did the ruling, did no such thing,and that the actual wording in the opinion is,`Because Go Green did not assert a declaratory judgment claim,we, like the District Court,take no position on the reasonableness of the City's SWECS ordinance." Furthermore, given the negative statewide ramifications of the decision,a petition for review on the case has been submitted to the Minnesota Supreme Court. Nygard stated it is quite disturbing to him that the City Attorney would misrepresent the truth and attempt to sway public opinion against him and his family when his job is to be neutral and honest. Nygard stated he would hereby demand, and hopefully the residents of Orono would also demand,an official public retraction of Mr. Mattick's statement in the Lakeshore Weekly News. Nygard stated the truth is that the Minnesota Court of Appeals and the Minnesota District Court chose not to decide the wind turbine issue either way and actually invited them to file a declaratory judgment claim. Page 2 of 19 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,June 12,2017 7:00 o'clock p.m. PUBLIC COMMENTS—Continued Nygard stated it bothers him that Orono's attorney,who is supposed to be telling the truth, especially when it comes to litigation,would say something so dishonest. Nygard stated he is here tonight to accept a public apology if Mr.Mattick is man enough to give one. Crosby requested Mr.Nygard speak for himself and not the citizens of Orono. Nygard commented it apparently is okay with Council Member Crosby that the City Attorney did not tell the truth to the public. Walsh noted this is the public comment section of the City Council meeting and that the City Council will not be having a dialogue about this subject. Nygard stated he was responding to the comment by Council Member Crosby. Crosby commented he is a citizen of Orono and that Mr.Nygard does not speak for him. Nygard stated he is here to accept an apology from City Attorney Mattick. Mattick stated there is no apology forthcoming. Nygard stated the City Council could apologize if he wanted to. Nygard stated the facts are clear that the appeals court said something and the City Attorney has said something else to the public. Nygard stated he would like to add to his public comments that there will be an amendment to the lawsuit filed by him tomorrow. Nygard noted the City sued him for his firewood pile,his clothesline,and a whirlybird pole. Nygard commented he did not ask for these lawsuits but that is what the City Council is doing. Nygard stated one of his responses tomorrow will be his claim against the City of Orono and Third-Party Defendants Soren Mattick and Amy Schuett in their official capacity as city attorneys relating to first amendment retaliation and due process. Walsh noted Mr.Nygard's five minutes are up. Bill Anderson, 1408 Baldur Park Road, requested the City Council consider passing some type of regulation on short-term rentals. Anderson stated he and his neighbors have been dealing with issues relating to the rental of a house in their neighborhood. Anderson indicated the house has been rented out sometimes for a few days or a week at a time and that a few weeks ago there was a bachelor party and the week before that was a bachelorette party,which has created issues with traffic and noise. Anderson noted he has photographs of 11 cars parked on the narrow street. In addition,the parties go until 11:00, 12:00 at night. Anderson noted this house is 20 feet away from his house and that the renters are raising cane. Anderson stated the other issue they have experienced is with dogs,which might have been resolved. In that situation one of the neighbors had two Rottweilers chase him up on his dock and that at some point it could be more of an issue. Walsh noted the City Council had talked about this issue last year and that they struggled with the language a little bit that was proposed in the ordinance. Walsh stated he would like to follow up with Mr. Anderson later in the week. Page 3 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. PUBLIC COMMENTS—Continued Anderson provided Mayor Walsh with Shorewood's home rental policy. Anderson indicated he has spoken with the property owner and sent him emails about the issues but that there currently is no rule or regulation that says he cannot rent his house out. Anderson stated the house sleeps 12 and rents for $1,000 a night,which results in a number of people being in the house. Anderson stated something needs to be done about the situation. PUBLIC WORKS/CITY ENGINEER REPORT 19. PUBLIC WORKS MAINTENANCE WORKER APPOINTMENT Edwards reviewed his Staff report dated June 12,2017. Edwards indicated Mr. Clark has 20 years of experience and has a positive customer service attitude. Mr. Clark has also been a local contractor in this area for many years. Mr. Brian Clark introduced himself to the City Council. Printup moved,Crosby seconded,to appoint Brian Clark as a Public Works maintenance worker effective June 26,2017. VOTE: Ayes 5,Nays 0. PLANNING DEPARTMENT REPORT—REPRESENTATIVE LOREN SCHOENZEIT 17. #1-3938 TC HOMES,INC.,(Brian Tutt)ON BEHALF OF NANCY BLOMS, 1325 REST POINT LANE,VARIANCES: LOT AREA,LOT WIDTH,STREET SIDE YARD SETBACK— RESOLUTION NO.6768. Barnhart reviewed his Staff report dated June 12,2017. The applicants are requesting variances from the side street setback, lot size and lot width. Staff recommends approval. Printup asked for clarification on the drainage issues. Barnhart indicated this property is higher than the neighboring properties so all of the drainage goes into the area. The neighbors are currently experiencing some runoff, and from a drainage perspective,their main concern is that issue is not exacerbated. Barnhart noted there is a thorough review of the drainage as part of the building permit review to ensure water does not flow onto adjacent properties. Preliminary review of the plan indicates there is an acceptable drainage plan but that the City does not get into subsurface drainage. Walsh asked if there is a final determination on the drainage. Barnhart stated ultimately the applicant will submit a building permit application with full drainage plans and that based on the preliminary review of Staff,the plan seems reasonable from a building and zoning perspective. Edwards stated he has reviewed it from the variance perspective but that he has not reviewed it from a building permit perspective. Page 4 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. 17. #1-3938 TC HOMES,INC.,(Brian Tutt)ON BEHALF OF NANCY BLOMS, 1325 REST POINT LANE,VARIANCES: LOT AREA,LOT WIDTH,STREET SIDE YARD SETBACK— RESOLUTION NO.6768.—Continued Crosby asked where the drainage will be diverted to. Barnhart stated the water will be funneled to the culvert. Brian Tutt,TC Homes, indicated he has had a discussion with one of the neighbors about his drainage concerns. Per the numbers,the drainage works and that he agrees with Staff that this will be a nice addition to the neighborhood. Tutt stated the drainage should not change the way it currently is. Walsh asked if there is an engineering report concerning the drainage on the property. Tutt indicated a survey was done by an engineer showing how the water will flow on the lot and that has been signed by the surveyor. Barnhart noted the City does require a signature by a professional engineer. Walsh asked if anyone from the public would like to comment on this application. Steve Hatcher,4685 North Shore Drive, stated the previous owner of his property actually owned the subject property. Hatcher stated he has experienced quite a few water issues since purchasing the property. Tom Ahren, 1345 Rest Point Lane, indicated he has had quite a number of issues since moving in three and a half years ago. Ahren stated he did speak with Brian Tutt and that he was talking about the water at the house. Ahren indicated he is not sure what they are going to do with the drainage all the way down the hill. Ahren stated they proposed they be allowed to purchase the property from the owner. Ahren noted the other property across the street sits up and has a great view of the lake,which would be a win/win situation for everybody. Ahren stated they would like to split the property in half and keep part of it as a natural area. Ahren stated they are very concerned about the water runoff. The survey was sent to Mark Gronberg and his concern was that there is nothing that is really spelled out about the runoff and that there will be more water coming their way. Hatcher noted there is a railway tie retaining wall that was built by the previous owner that is already starting to concave out. Hatcher stated the water is pushing that area out into his driveway and that he has concerns that if water is going to continue to be diverted to that area,the situation will be exacerbated. Walsh stated he is aware of how steep the property is but that this is somebody who owns a piece of land and the City cannot stop them from building on the property or require them to sell the property to a certain person. Walsh noted the applicants have a professional engineer's signature and that he is not sure how to stop them from building on the property. Page 5 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. 17. #1-3938 TC HOMES,INC.,(Brian Tutt)ON BEHALF OF NANCY BLOMS, 1325 REST POINT LANE,VARIANCES: LOT AREA,LOT WIDTH,STREET SIDE YARD SETBACK— RESOLUTION NO.6768.—Continued Ahren commented he was attempting to come up with a win-win situation and that the other property would not require any landscaping and they would not have to deal with any water issues. Walsh stated that is more of a private party issue. The City Council will be dealing with the variance issues that are before them and that the City Engineer will review the drainage. Walsh stated the applicants will need an engineering plan that is signed,and barring that,the City Council does not have anything that says they cannot approve this plan. Walsh stated the issue is the alley or road where the water flows and rolls over into Mr. Ahren's yard since that is the natural slope and whether there will be additional water runoff from the house. Crosby commented some type of swale might help. Walsh stated the drainage plan will address that. Hatcher stated snow removal is also an issue. Hatcher stated he currently has piles of snow six to eight feet eight from the snow on their two properties,and when the snow melts,that will create a bigger problem given the additional snow from this driveway. Hatcher stated due to the steep incline,there are times when he is unable to get out of his driveway and the only way to get out is to go down past Tom's house. Hatcher stated he is worried about more snow getting pushed towards their properties and that the snow removal for the new house should be pushed out and down away from their homes. Walsh stated he is not sure the City has control over snow removal. Hatcher stated the snow contractor will also likely have to go into Tom's driveway in order to plow this driveway given the very narrow alley. Walsh stated the City Council cannot facilitate the purchase of property and snow removal. Nancy Bloms,Applicant, stated her realtor did remind the two neighbors of the property being for sale repeatedly and that they now have someone who would like to purchase the property. Bloms stated as it relates to the 35-foot setback,that might be changed down the road to ten feet from the access. Bloms stated the Planning Commissioners looked at the property and can see what happens with the runoff. Bloms noted there was a variance granted on the property before they purchased it and that it does not make sense that another variance should not be granted on it. Bloms stated in her view the new owners have done everything the right way to come up with a solution but there is just no way to avoid the water going that direction to some extent. Bloms stated those problems have existed from the get-go even with nothing on the lot and that she is not sure this will impact it any further. Bloms stated in her view the new house will be an improvement, and as long as everybody works together to resolve any issues, it should not be a problem. Seals recommended the City be solid on the drainage plan and that Staff should double check the drainage on the lot. Seals commented she does not want to penalize the property owner since it is a buildable lot. Page 6 of 19 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,June 12,2017 7:00 o'clock p.m. 17. #1-3938 TC HOMES,INC.,(Brian Tutt)ON BEHALF OF NANCY BLOMS, 1325 REST POINT LANE,VARIANCES: LOT AREA,LOT WIDTH, STREET SIDE YARD SETBACK— RESOLUTION NO.6768.—Continued Barnhart noted the bottom of the hill will still receive water but that Staff will make sure it meets City Code and ordinances. Seals stated she wants to make sure the situation does not make it worse. Crosby suggested some curbing be looked at to help guide the water. Walsh stated the responsibility of the City Council is to look at the variances that are before them tonight and that the City Council is not able to get involved in who should purchase the property. Printup moved,Crosby seconded,to adopt RESOLUTION NO. 6768 ,a Resolution Approving a Variance from Municipal Zoning Code Section 78-330,File No.3938,for the property located at 1325 Rest Point Lane,with the recommendation that the City Engineer thoroughly review the drainage plans as part of the building permit application. VOTE: Ayes 5,Nays 0. 20. #17-3910 LAKE WEST DEVELOPMENT,LLC,3245 WAYZATA BOULEVARD, INTERIM USE PERMIT: TEMPORARY USE FOR CONSTRUCTION STAGING Barnhart noted this item was tabled at the last City Council meeting. Barnhart reviewed his Staff report dated June 12,2017,noting that the applicant is requesting approval of an interim use permit to allow temporary staging of construction activities. Curt Fretham,Lake West Development,pointed out the distance between the proposed activities on the subject property and the orchard is approximately one-third mile according to a map on Hennepin County's website. A video was played illustrating the layout of the property and the tree line surrounding the property. Fretham noted there was some concern expressed about the dust and the effect it would have on the orchard. Fretham stated in his opinion that will not happen due to the distance and the wind block from the trees. Fretham stated the question is whether it is more of a concern for the apple orchard or for the business owners in downtown Long Lake. Fretham noted Staff has supported the request for a number of reasons and the Planning Commission recommended approval as well. Fretham indicated he has met with over 30 property owners up and down Wayzata Boulevard and listened to their concerns about the crushing and recycling activities that are currently taking place in front of their businesses. As a result, a number of signatures in support of moving the operations to this property was obtained and submitted to the City. Alan Engleman, 315 North Old Crystal Bay Road, stated he remembers when Orono would not allow Walgreen's to build on the corner of Willow and Highway 12 because it would impact the drug store down the business,which did not stop the drug store from leaving six months later. Engleman stated he is not sure why Orono is worried about Long Lake and that in his view it will not hurt them a bit. Page 7 of 19 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,June 12,2017 7:00 o'clock p.m. 20. #17-3910 LAKE WEST DEVELOPMENT,LLC,3245 WAYZATA BOULEVARD, INTERIM USE PERMIT: TEMPORARY USE FOR CONSTRUCTION STAGING— Continued Engleman asked how much money Orono will receive if the City Council approves this. Engleman stated in his view the City should get their palms greased,too, if they allow this since the property owner will be making money. Engleman asked why the City would allow them to make money at the residents' expense without compensating the City. Engleman suggested a bond be put up so if the apples are contaminated,the Dumas' would be compensated. Engleman stated there has been hardly any mention any more about taking only the material from the Highway 112 project but that has not been raised lately. Engleman stated if the Council Okays the crushing permit on the Eisinger property,they will have a hard time saying that someone else cannot buy a piece of property and do the same thing that is being done here. In addition, Eureka has never been brought up but they will receive the most money from this. Engleman stated in his view Orono should not be their scapegoat and let them push everyone around. Engleman stated if the interim use permit is allowed for this property,there is nothing stopping somebody from buying the two-acre lot or the three- acre lot and doing the same thing. Dankey stated she supports the request for a number of reasons,and while those aze businesses in Long Lake,the Orono City Council should work together with Long Lake to make this something that works for both cities. Dankey stated in her view this is a practical way to deal with this issue to avoid it affecting every single person on the highway and keep it more contained. Crosby stated he would also support it with a time limit placed on it. Crosby stated in his view intruding on less people is more important and that he is also concerned about the impact to the businesses. Seals stated no matter what the City Council does,the highway project will cause some issues and there will be some impact to the businesses no matter what the City Council does. Seals stated she does not see the benefit of placing this next to a wetland or an apple orchard. Seals stated she does not see a place for it in Orono or Long Lake and that she would not be in support of it. Printup stated he also is opposed to it for many of the same reasons. Printup stated in his view this is not an Orono issue. Printup stated Highway 112 goes through the two cities and that it is reasonable to have this activity kept within the road. Printup stated while it might sound horrible, spreading the pain along the roadway up and down 112 is reasonable. Printup noted he also is not happy about the Council voting to approve the interim use permit ordinance. Walsh stated he also agrees that this is a no win situation. Walsh stated they are looking at issues with noise, dust, and environmental impacts but there is no silver bullet beyond not having it here at all. Barnhart noted since it appears the City Council will not be approving this request, Staff will need to put together a resolution of denial and that Staff will need some findings for denial. Mattick noted the City Council has discussed concerns about noise,dust,and location, and that Staff should be directed to draft a denial resolution that is consistent with the concerns expressed by the City Council. Mattick stated the burden is on the applicant to prove that the dust will be taken care of and certain things have been presented but the Council still has concerns about that. Page 8 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. 20. #17-3910 LAKE WEST DEVELOPMENT,LLC,3245 WAYZATA BOULEVARD, INTERIM USE PERMIT: TEMPORARY USE FOR CONSTRUCTION STAGING— Continued Printup moved, Seals seconded,to direct Staff to draft a denial resolution for Application No. 17-3910,Lake West Development,LLC,3245 Wayzata Boulevard,File No. 17-3910. VOTE: Ayes 3,Nays 2,Dankey and Crosby Opposed. 22. #17-3939 JOHN BAILEY,2807 CASCO POINT ROAD,CONDITIONAL USE PERMIT Curtis reviewed her Staff report dated June 12,2017. The applicant is requesting a conditional use permit in order to repair and restore slope failures on his property. Staff recommends approval of the plan but continues to recommend the drainage solutions be certified by a licensed professional engineer. John Bailey,Applicant, stated three years ago they had a couple of heavy rains and one of them created a bad slide and then another rain a week later caused another failure. Bailey indicated he has assembled a very competent team to look at this project and come up with a solution to it. Ron Anderson with Final Grade has done a number of similar projects on Lake Minnetonka with good results and Tom Wickum has already obtained the permit to do the rip-rap. Norling Landscaping will do the plantings. Bailey stated they are trying to do the project right,keep it natural, and that they have added engineering on the drain pipes and berms. Bailey stated in his opinion the slope will end up as good as or better than it was prior to the washout. Walsh asked how the slope handled the recent rainstorm. Bailey indicated when the washouts first occurred,they covered the area with fabric and that he is not worried about runoff anymore. Walsh stated there were two solutions to this issue: an engineered barrier wall and this option. Walsh noted Staff had an issue with recommending approval since there was no engineer saying this will be okay or not cause a bigger problem,which was also one of the recommendations of the Planning Commission. Bailey stated they have the engineering on the drainage system,which is what the Planning Commission asked for, and they have soil borings. Bailey stated they are faced with building an expensive structure and cutting the slope way back,removing the stairs,denuding the area, and making it a 2:1 slope that engineers will sign off on or doing what they are proposing. Bailey stated the slope is too steep for that. In addition,they also have to match into the adjoining properties. Curtis stated when Staff is presented with a plan to restore the slope,they have to respond to the plan. The City's engineers will look at the work that went into determining the plan and whether someone is going to take responsibility for it. Bolton&Menk looked at this plan and they did not say it was not a logical plan but that he wants an engineer's certification. Curtis noted the City or Bolton&Menk does not take responsibility for the plan. Walsh asked whether the City has received that. Page 9 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. 22. #17-3939 JOHN BAILEY,2807 CASCO POINT ROAD,CONDITIONAL USE PERMIT— Continued Curtis stated they have not,but that she believes Mr. Bailey is saying that the plan has been developed with an engineering mind but without the certification. Bailey stated engineers have their requirements or codes that they have to live by. If the City was going to build a road or a public building,then the City would need to have engineers sign off on it because there is danger of someone from the public getting hurt. Bailey noted this is a residence where there have been three washouts. Bailey stated this plan will put the slope back together as good or better than it was and that he is trying to improve or correct what nature did. Bailey stated he is not refuting engineering principles. Walsh stated there is a steep grade there and that there needs to be a solution arrived at. Walsh stated he does not want to impose a quarter million dollar solution and that the property owner does not want to see further washouts but that the City Council and engineers have to follow certain rules. Dankey noted there are other similar situations on the lake. Walsh commented he does not want to see the situation become worse and that the soil borings show there are pretty stable soils. Seals stated the Filtrex system does look like great bank stabilization but that she is not sure how that will work in conjunction with the pipe underneath and how the size of the pipe was determined. Seals noted Filtrex calls for a 2:1 slope and asked what the applicant is proposing. Seals commented she wants to protect the property owner from having further damage without having to cut the whole yard back. Ron Anderson,Final Grade,noted they have done a number of projects on Lake Minnetonka, such as the Wayzata Muni,and that they are attempting to come up with a landscape solution to help address the problem. Anderson stated they will have to export the dirt since the soils are extremely saturated and get down to a firm base. Anderson indicated they will place some solid clay in there,which will be compacted in,and that the Filtrex will help to stabilize the slope rapidly. The Filtrex will not change or become the structure of the slope. Seals asked how the Filtrex will work with the pipes. Anderson indicated the pipes will go below the Filtrex. Anderson stated the big reason the slope failed in those two areas is the drainage split and the water came down continuously resulting in the slope failure. Anderson stated the pipes will take the drainage away from that slope. Crosby asked how many culverts there will be. Anderson indicated there will be two. Seals asked what slope they are recommending. Anderson stated the existing slope is less than 1:1 and that they will keep it to just under a 1:1. Anderson stated matching the property corners at the neighbors will be a challenge since they are steeper than this Page 30 of 19 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,June 12,2017 7:00 o'clock p.m. 22. #17-3939 JOHN BAILEY,2807 CASCO POINT ROAD,CONDITIONAL USE PERMIT— Continued property. Anderson stated they will have a very solid base. Anderson commented the stairway would have failed if the soils were bad but that only the sides slid where the surface water went down. Dankey commented she also heard at the Planning Commission meeting that the Bailey's neighbor also had a similar slope failure. Seals stated her only concern is whether Filtrex has been asked to see whether it will work with the slope being proposed. Anderson stated the Filtrex will work since there will not be any more surface water coming down the slope anymore given the pipes diverting that runof£ Anderson commented he is hoping they can save some of the existing soils,but that if they are saturated,they will be removed. Anderson indicated he will be working with a soil engineer to make sure the soil compaction is right and the outlet will be located at the top of the riprap. Crosby noted the culverts can get clogged with debris,but if they are kept clean,in his view it is a great idea. Printup asked what will be done if this plan is not approved. Anderson indicated nothing. Anderson noted the slope is literally vertical for approximately 15 feet, and that this is basically a landscaping project that will help stabilize the slope. Bailey stated one of the things that will be incorporated is deep rooted vegetation, such as prairie grass and cedar trees. Printup asked if the City is liable in any way if there is any further failure. Mattick stated the engineering signature says that they have reviewed it and it should work. Since there is no engineering signature in this situation,the question before the Council is whether the signature is needed. Mattick stated city approval does not warrantee the work and that the City Council is reviewing it in relation to the City's code for what is typically required. Mattick stated the City Council has received an explanation on why the applicant has not obtained that and that they have a property owner who wants to proceed forward with the plan and a person who is willing to do the work. Mattick stated the concern is when you start doing the work and reconfiguring the area,that could impact the stability,but it does not mean the plan will not work. Mattick stated the City is approving the plan but not guaranteeing it will work. Seals stated she is struggling with this since she feels the City is skipping a step in the process but that does not mean the plan will fail. Seals stated she is more concerned about the Baileys and that she does not want to see a bigger chunk going into the lake. Walsh stated the applicant has done a lot of research into finding a qualified person and coming up with a plan that they feel will work. Page 11 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. 22. #17-3939 JOHN BAII,EY,2807 CASCO POINT ROAD,CONDITIONAL USE PERMIT— Continued Seals noted if this plan is not approved,the slope will remain as is and could potentially become worse. Crosby moved,Dankey seconded,to direct Staff to draft an approval resolution on Application No. 17-3939,John Bailey,2807 Casco Point Road,granting of a conditional use permit. VOTE: Ayes 5, Nays 0. 23. #17-3940 JASON AND ANALISE PETERSON,4105 HIGHWOOD ROAD,VARIANCES Curtis reviewed her Staff report dated June 12,2017. The applicants would like to construct a new home to the existing detached garage. The Planning Commission recommended approval of the application with the exception of the 2-foot side setback for the tiered decks. Staff recommends denial of the 2-foot side setback and denial of a lake setback variance to permit the tiered decks to encroach into the 75-foot lake setback. Printup asked why a variance is needed for the height. Curtis stated the height is measured at the highest existing adjacent grade to the mid-point of the peak, which is 32 feet. Curtis stated the new portion of the house, if it was not attached to the garage,would meet the height limitation of 30 feet,but attaching it brings it up to the 32 feet. As part of the original variance that approved the detached garage,the resolution made a stipulation that any future home connected to the garage would require a height variance due to the topography. Jason Peterson,Applicant, commented it is a challenging lot but the goal was to improve the lot by reducing the hardcover, improving the drainage, and enhancing the appearance of the house. The majority of the existing house is located within the 75-foot setback. Peterson stated the additional hardcover being requested is related to the square deck. Peterson noted they had originally proposed a triangle shaped deck that followed the setback line but the Planning Commission had recommended that the deck be made square so it would be more functional. Peterson indicated they tried working with the neighbor on the sightlines. On the southeast corner of the house,that was cut off an angle to help with the sightlines. Peterson noted there used to be a variance request for the east side but they have eliminated that to accommodate the neighbor. Peterson stated moving the house out of the 75-foot setback created somewhat of a hardship. Crosby asked if any of the deck will encroach into the 75-foot setback. Peterson indicated the deck will encroach into the 75-foot setback since it has now been squared off. Gary Germnudsen,4101 Highwood Road, stated his main concern relates to the 75-foot setback and the 15-foot setback. Germnudsen stated there basically will be a wall coming 30 feet straight up from the edge of the property line. Germnudsen indicated his house sits back 15 feet in that corner and that his sightline will be affected. The other three homes in that area are all behind the setback. Germnudsen stated if the applicant wanted to, since he is adding a 41-foot addition,he could go backwards and take ten feet off of the house or remove the deck. Germnudsen noted that would still leave the house within the 75-foot setback but it would be less of an encroachxnent. Germnudsen stated he doesn't want his view Page 12 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. 23. #17-3940 JASON AND ANALISE PETERSON,4105 HIGHWOOD ROAD,VARIANCES- Continued to get blocked anymore and that currently he is looking at a one-level house versus the 3-level house that is being proposed. Peterson stated he wants to work together with the neighbor and that they have worked hard with the architect to make it work. Peterson noted the lot is narrow and that the originally proposed deck was triangular,which was not very functional. The Planning Commission recommended squaring the deck off so a normal size table would be able to fit on it. Peterson indicated he is also looking at having low visibility railings and doing other things to accommodate the neighbor as best as possible. Walsh noted Staff was not in favor of the variance to the 75-foot setback and that it is clean slate since they will be tearing the existing house down. Walsh stated the skinny lot requires a long,narrow house, which makes it more difficult. Walsh noted Staff has recommended denial of the 2-foot side setback for the tiered decks. Curtis noted the applicants have resolved the 2-foot side setback and no longer require a variance. Walsh stated Staff is recommending denial of a lake setback variance,which means the deck would need to be removed out of that setback area. Walsh noted Staff is recommending approval of the other variance requests. Crosby stated he likes Staff's recommendations. Crosby commented a nice compromise would be to enforce the 75-foot setback and allow the other variances. Seals noted the City Council has required other applicants to comply with the 75-foot setback. Printup asked what the hardcover would be reduced to if the deck were removed. Curtis stated it would still remain at 28 percent since the square footage amount of the deck is rather small. Seals moved,Crosby seconded,to direct Staff to draft a resolution for Application No. 17-3940, Jason and Analise Peterson,4105 Highwood Road,per Staff recommendations. VOTE: Ayes 5, Nays 0. (Recess taken from 8:48 p.m.to 8:55 p.m.) 25. #17-3925 CITY OF ORONO,TEXT AMENDMENT: SMALL LOTS/SETBACKS Barnhart reviewed his Staff report dated June 12,2017. The Planning Commission elected to not recommend a change to the setbacks for non-conforming lots or changes to the side yard adjacent to street since they felt the 10-foot minimum was a good standard to follow and there did not seem to be much demand to alter the setbacks in order to reduce requests for variances. Staff recommends adoption of an ordinance related to setbacks for non-conforming lots. Page 13 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. 25. #17-3925 CITY OF ORONO,TEXT AMENDMENT: SMALL LOTS/SETBACKS— Continued Printup asked how someone would benefit under the proposed ordinance if they want an accessory structure, such as a garage or shed. Barnhart stated accessory structures have their own set of setbacks but in many cases they are the same as the principal structure unless it is a lake yard. Barnhart indicated Staff could take a look at those if that is the direction of the Council,but that the ordinance primarily looks at the principal structure setbacks. Walsh commented that might be an issue for the Code Review Commitment to look at. Walsh noted currently the side yard setback in the one-acre zone is 10 feet and that Staff is proposing it be reduced to eight feet. In the two-acre zone,the setback would be reduced to 10 feet. Barnhart stated currently the setback in the two-acre zone is either 30 or 50 feet. Barnhart noted the reduced setbacks would only apply to lots with nonconforming widths but not nonconforming sized lots. �, Walsh noted there would still be the same hardcover requirement. Walsh stated this would be another tool to give people a little more flexibility on a narrow lot. Walsh noted every variance has to go through the process,and if the number of variances is reduced,that will result in less work for Staff. Barnhart stated Staff can approve lot size and lot width variances administratively and that over the past few years changes to hardcover and structural coverage have been made, which also provides some flexibility. Randi Carlson, 1185 Arbor Street,stated she lives in an RR-1B zoning district,which has smaller lots,but when you look at this amendment as a whole, it has very little value. Carlson stated she can imagine most of the small lot neighborhoods would encounter the same problem as her neighborhood. Walsh noted this would apply to every lot in her neighborhood. Carlson stated since they are all nonconforming,they would all be eligible for this reduction in the side setback. Carlson noted in her neighborhood,when the house bumps out to the side,they will also need a front and rear setback. Carlson stated she is concerned about the precedent that is being set. Carlson questioned whether other nonconforming lots will want the same consideration. Walsh stated the ordinance would cover all nonconforming lots as it relates to width in any RR-1B zone throughout the City. Carlson commented she has a lot of issues with the changes and that it will impact the character of the neighborhood. Carlson stated in her view her neighborhood should be rezoned to one acre. Barnhart stated in a one acre zone,the minimum front width is 140 feet with a 10-foot setback. Under the new ordinance,the setback would be eight feet. The front and rear setbacks would remain at 35 feet. Carlson stated all the homes in her neighborhood would meet those setbacks. Carlson stated in her view rezoning it to one acre would solve more problems in her. Carlson commented the Council seems to be very concerned about having a concentration of homes,but the boundaries that she is talking about would Page 14 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. 25. #17-3925 CITY OF ORONO,TEXT AMENDMENT: SMALL LOTS/SETBACKS— Continued result in only two additional homes in the neighborhood,which is less than a two percent increase since there are probably 60 houses or more total. Carlson asked what the specific hurdle is that has to be overcome in order to explore rezoning her neighborhood. Carlson asked why the Council does not want to look at rezoning the area. Carlson noted she was told to wait until the City did its Comprehensive Plan update to address the rezoning but now she is being told they aren't rezoning. Walsh noted Mrs. Carlson could request a variance to subdivide her property. Carlson stated that would be costly for her as a homeowner and a lot more work for the City. Walsh stated he is not sure about that but that is one option she could consider. Walsh stated rezoning an entire area takes a little more thought and analysis since it could impact other areas as well. Walsh stated the Council has not discussed any of those issues so they do not know the unintended consequences of reducing those requirements. Carlson indicated she did send a letter requesting an analysis of those issues and that she would like her property to have the potential to be subdivided. Carlson stated having lived in her neighborhood for 35 years, she has seen that there are other neighbors who have issues with how they are able to remodel their homes. Carlson stated if that is what is being attempted to be addressed with this text amendment,the City is not going the full scope. Walsh stated rezoning and setbacks are completely separate issues. Carlson stated if the City were to rezone,there would be fewer variances required since the front setback would go to 30 and the side setback would go to ten. Walsh stated her request will be brought to the Code Review Committee. Barnhart stated the text amendment deals with the setbacks without increasing the density,which does not solve or address Mrs.Carlson's concern. Barnhart noted that does not prohibit the Planning Commission or the Comprehensive Plan Update Committee from reviewing possible rezoning of certain areas,which will be happening over the next 18 months. Seals stated in regards to the rezoning,when she was campaigning, she did not hear any requests about rezoning. Seals stated she did hear how people want the ability to do more with their lots but that they did not want to see more homes or higher density. Seals stated people are concerned about what the unintended consequences of rezoning would be and that they are basically looking to put a deck on their house,which is a pretty reasonable request. Walsh stated he would like to separate the rezoning issue from this text amendment and that he would like to refocus back on the setbacks since rezoning is not before the City Council at this time. Walsh noted with the Orono Preserve development,the Council allowed setbacks at 10 and 5 feet,which basically averages out to 7.5 feet. Walsh pointed out the text amendment applies only to lots that have widths that Page 15 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. 25. #17-3925 CITY OF ORONO,TEXT AMENDMENT: SMALL LOTS/SETBACKS— Continued are nonconforming and does not change the hardcover requirements. If the hardcover maximum has been reached on the lot,the property owner would not be able to do anything. Walsh indicated he would be fine with reducing the side yard setback in the one acre zone to 7.5 feet, in the two acre zone to 10 feet,and adjusting the side street setbacks where the rights-of-way are unimproved. Printup moved,Seals seconded,to approve Exhibit B and adopt ORDINANCE NO. 199,Third Series,an Ordinance Amending the Code of Ordinances Pertaining to Setbacks for Unimproved Rights-of-Way,reducing the side yard setback to 7.5 feet,requiring a 10-foot setback in the two- acre zone,and to follow the Planning Commission's recommendation relating to unimproved rights-of-way,and to adjust the side yard setback for all lots from 50 and 30 feet to 30,20,and 15 feet depending on the zoning district per Staff recommendations. Barnhart noted the ordinance is only proposing changes to four areas and it would not change anything in the commercial, industrial or five-acre zones. Walsh stated he does not feel anything needs to be done in the other zones. VOTE: Ayes 5,Nays 0. MAYOR/COUNCIL REPORT Dankey stated two times in the last couple of days while she was watching Channel 5 news, she saw Orono Mayor Dennis Walsh and Council Member Victoria Seals. Printup reported great strides have been made with Highway 12 and that additional funding has been approved and signed into law to create some improvements at Highway 12 and County Road 92. Seals reported there was a meeting of the Big Island committee and that they visited the Island along with Channel5. Seals stated there were a lot of positive ideas exchanged and that a number of improvements are being discussed for Big Island. Walsh reported the Police Commission met and they discussed the problem with drugs and opioids. Walsh stated there was a tour of Big Island,with a segment on the Island airing on Channel5. Walsh noted he did ask the City Clerk to include the link to the segment on the City's website. Walsh reported he attended a Boy Scout Court of Honor earlier today and that it was great to see all the participation by the Scouts and the interest in earning an Eagle Scout badge. Walsh noted the Lurton Dog Park grand opening will be held this Saturday,June 17, from 1-3. Walsh stated the City has issued 300 permits already for the dog park,which has exceeded expectations. Page 16 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. MAYOR/COiJNCIL REPORT—Continued Walsh stated the City will be holding more committee meetings this week and that the City Council will be interviewing the final candidates this week for the City Administrator position. 26. RESOLUTION OF APPRECIATION TO RACHEL DODGE—RESOLUTION NO.6770 Walsh moved,Printup seconded,to adopt RESOLUTION NO.6770,a Resolution to Rachel Dodge for more than 16 years of dedicated service to the City of Orono. VOTES: Ayes 5,Nays 0. CITY ADMINISTRATOR'S REPORT 27. WAYZATA FIRE SERVICE AGREEMENT Reeder stated the Fire Commission met this past week and discussed servicing the portion of Orono that is currently serviced by Wayzata. The conclusion of the Fire Commission was that the Long Lake Fire Department could provide that service without compromising their current operations or requiring additional equipment. Reeder noted a memo from the Long Lake Fire Chief has been submitted regarding that. Reeder noted the contract with the City of Wayzata ends at the end of 2017. The Long Lake contract allows the City to increase or decrease the area of coverage as long as the City gives notice of their intent by the 1 S'of July. Walsh stated the City has to give six months' notice by the end of June and that the City Council has received the recommendation from the Fire Commission and the memorandum from the Long Lake Fire Chief. Crosby asked how the box alarm system works so people understand mutual aid would also be coming. Chief James Van Eyll stated a box alarm is a predefined group of resources that will come to a predetermined area, such as the east or west side of Orono. Mutual aid agreements are done by the Hennepin Chiefs Association. Anyone who is part of the Hennepin Chiefs Association has a mutual aid agreement set up. Van Eyll indicated they have had conversations with the Wayzata Fire Department and that they would still respond if they were called to any location Orono needs them at. Seals noted a few residents from the Chevy Chase neighborhood reached out to the Council. Seals stated she would like to understand what their concern relates to. Seals asked whether it is a concern relating to the First Responder. Seals noted there would be mutual aid that would respond if there is a big fire or emergency. Van Eyll stated he is not sure exactly where the concern is coming from. Van Eyll stated the box alarms are set up for 12 significant events and are more based on the fire side than a medical emergency. Van Eyll stated the concern might be related to medical situations where the Long Lake Fire Department's response will not be as quick as Wayzata but that the police usually respond faster than the fire department. Page 17 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12,2017 7:00 o'clock p.m. 27. WAYZATA FIRE SERVICE AGREEMENT—Continued Walsh commented this arrangement has existed for a while and that people sometimes are hesitant about changing. Walsh noted the Long Lake Fire Department would be able to meet the national response times to this area. Reeder noted three emails were placed before the City Council tonight expressing some concerns. Tom Cullum, 785 North Ferndale Road, stated the residents on the eastern end of Orono feel like they have almost been annexed by Wayzata since they do not receive a lot of city services from Orono. Cullum stated he struggles with the idea of changing something that is working where the response times are much faster. Cullum stated he has had two heart attacks and that response time is very important to him. Cullum noted he stumbled upon this item by chance and that none of his neighbors are aware of this. Cullum asked whether there has been any contact by the City with this area. Walsh noted there was an open house held on this item last summer and that the City Council already has those comments. Walsh stated the City has not notified anyone in particular and that it is up for a vote this evening. Collin stated he is surprised that there was not more notice given to the residents in the area and that most of his neighbors were unaware that this was being discussed tonight. Dankey asked if the box alarm is automatic or whether the Long Lake Fire Department has to request help from other areas. Van Eyll indicated the system is set up in CAD through Hennepin County Dispatch and that it is set up for larger fire events. Van Eyll stated when the Long Lake Fire Department gets called to a fire anywhere,they can raise the box level and ask for additional resources. Van Eyll stated typically a large volume of resources is not needed for a medical emergency and that the police will typically respond first, followed by the ambulance, and then the fire department. Van Eyll stated those smaller medical events are typically handled that way unless it is a larger catastrophe or mass shooting. Van Eyll stated the Long Lake Fire Department will respond to the priority medical calls, such as a heart attack,but if it is somebody calling in that is not feeling well,the police will handle those. Van Eyll stated the Fire Department will only get called if the police are not able to respond on the lesser emergencies. Crosby asked what the percentage is where the police officers arrive to the scene before the Fire Department. Van Eyll stated it is probably 80 to 90 percent. Printup asked how many calls there were in that area last year. Van Eyll stated it is approximately 20 to 25 calls per year and that there are not a lot of major fires or major emergencies in this area. Page 18 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 12, 2017 7:00 o'clock p.m. 27. WAYZATA FIRE SERVICE AGREEMENT—Continued Walsh noted almost half of those were cancelled calls. Van Eyll stated the majority of the calls that come through for the Long Lake Fire Department are smaller events. Printup asked whether the Highway 112 improvement project has impacted the response from the Fire Department. Van Eyll stated they do have the bypass through the cemetery road for emergency services. Crosby moved,Printup seconded,to notify the Long Lake Fire Department of the City's intent to increase their service coverage area as of January 1,2018, and to notify the City of Wayzata of the City's intent to discontinue Wayzata's Fire Department services at the end of 2017. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. ADJOURNMENT Seals moved,Dankey seconded,to adjourn the Orono City Council meeting at 10:04 p.m. VOTE: Ayes 5, Nays 0. ATTEST: � `,� ,��, . Anna Carlson, City Clerk Dennis Walsh, Mayor Page 19 of 19