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HomeMy WebLinkAbout02-12-2018 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 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, City Council Members Richard Crosby, III, Wendy Dankey, Aaron Printup, and Victoria Seals. Representing Staff were Community Development Director Jeremy Barnhart, Finance Director Ron Olson, City Planners Melanie Curtis and Laura Oakden, City Engineer/Public Works Director Adam Edwards, and Recorder Jackie Young. City Attorney Soren Mattick arrived at 7:15 p.m. Mayor Walsh called the meeting to order at 6:58 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JANUARY 22, 2018 2. CITY COUNCIL WORK SESSION MINUTES OF JANUARY 22, 2018 3. CLAIMSBILLS 4. APPROVAL OF RESIDENTIAL KENNEL LICENSE RENEWAL 5. APPROVAL TO ACCEPT MONETARY DONATION TO BE USED TOWARDS PURCHASE OF AUTOMATED EXTERNAL DEFIBRILLATOR (AED) 6. APPROVAL TO DISPOSE OF BICYCLES 7. APPROVAL TO DISPOSE OF FORFEITED VEHICLE 8. 2018 SANITARY SEWERS INSPECTION 9. PARKS MOWERS REPLACEMENT AND ADDITION 10. HIRE ACCOUNTANT Crosby moved, Seals seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS None PUBLIC SAFETY REPORT Page 1 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. 11. APPROVAL OF COMMUNITY SERVICE DOG (K-9) Chief Farniok stated he would like to present a proposal to the City Council to proceed with a partnership between Can Do Canine and the Orono Police Department to establish a Community Service K-9 program. The Orono Police Department has made it a goal to integrate creative and functional ways to engage the community. Farniok explained a community service dog is different than the standard police K-9 drug detection and apprehension dogs. Community service dogs are similar to household pets that are specifically tested and trained for socialization. These dogs are meant for large gatherings and meeting many people without the worries of it being a danger to the public. The dogs help de-escalate situations such as mental health crises, domestic disputes, car accidents, medicals, juvenile situations at the schools and many more. Farniok stated Can Do Canines would provide the dog to the City of Orono at no charge but there would be some costs associated with medical and veterinarian expenses, food and treats, squad setup, and other your.iniscelfatwous costs. Those costs are anticipated to be wound $2,500 Par Officer Stansek stated they looked at a number of different programs and were fortunate to have found Can Do Canines. There will be one main handler with two other officers that would act as assistant handlers. Xerxes is the name of the dog that will be given to the Orono Police Department. Al Peters, Executive Director and founder of Can Do Canines, stated this is a somewhat unusual situation in that they normally place dogs with people who have disabilities. Can Do Canines is a nonprofit charity. It costs more than $25,000 to train each dog. Peters indicated they have placed dogs at the Mayo Clininc, state mental hospital, and at different schools to work with autistic children. Xerxes has been trained to do different things to assist the officers. One of the main things is to help calm people down and they also sit down and listen to someone reading a book. Mayor Walsh commended Mr. Peters for the service he provides, especially given the costs associated with training the dogs. Peters stated they typically do not do this for public organizations without charging for the dog and that they are hoping there will be public support and donations generated by this. Peters stated if people are interested in donating, they can go to candocanines.org. Mayor Walsh commented he has started to see at different airports petting dogs to help calm people down. Peters stated the dogs can be a calming spirit. Peters stated it is tough to be a police officer and that in his view it will be good to have the dog around the police station to help the officers deal with difficult situations and alleviate some of their stress. Peters noted Shannon with Can Do Canines will be working with the officers to help train the dog. Shannon stated Xerxes has gone through three years of training to become a service dog. The focus of the training is on obedience and tricks that they can perform. The training will allow children and vulnerable adults the ability to interact with the dog. Xerxes was raised in the Duluth Correctional Institute his first Page 2 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. 11. APPROVAL OF COMMUNITY SERVICE DOG (K-9) — Continued year and then he worked as a mobility dog for a time. Shannon stated Xerxes is a very happy dog and very energetic. Mayor Walsh asked if anyone from the public would like to comment on this proposal. Richie Anderson, 3205 Crystal Bay Road, stated he was speaking with his son about possibly sponsoring this dog and that they are aware of how Mayor Walsh is encouraging public/private partnerships. Anderson stated that concept has not fallen on deaf ears and that he and North Shore Marina would like to sponsor the dog for $2,500 a year for four years and that the City could perhaps take a look at the program after that time. Anderson stated if this dog saves even one life, it would be well worth it. Seals moved, Printup seconded, to establish a partnership with Can Do Canines in implementing and establishing a Community Service (K-9) program and to accept the donation of Xerxes, a 3 -year-old black lab, as Orono's community service dog. VOTE: Ayes 5, Nays 0. Seals moved, Crosby seconded, to accept the donation from Richie Anderson and North Shore Marina of $2,500 per year for four years to sponsor the community service dog. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION ITEMS — REPRESENTATIVE JOHN THIESSE 12. #17-3983 ERIC AND LIZ VOGSTROM, 2618 CASCO POINT ROAD, VACATION — RESOLUTION NO. 6828,7:15 P.M. — 7:37 P.M. Mayor Walsh opened the public hearing at 7:15 p.m. Paul Kastor, 2600 Casco Point Road, noted he did submit some pictures depicting the property years ago and that he owns the piece of land to the north of the fire lane. Kastor stated when they built the road, they asked him if they could drain the catch basins onto his property, which he agreed to so the water could be filtered before it reached the lake. Kastor stated at that time, when someone walked down the fire lane, they could only walk half the way down because the previous owner had dumped concrete into the wetland. In addition, there used to be a channel all the way down the driveway along with a boathouse. When the fire lane was built, that caught off that path. Kastor indicated you used to have to wear boots to walk down there because there was standing water approximately a foot deep. Kastor stated today there is a wooden bridge in this area and the water underneath it is all green. Kastor stated that water is full of nitrogen, which then goes into the lake. Kastor noted the residents around the bay contribute money towards spraying the bay each year but the residents have started complaining the last couple of years because the weeds keep coming back. Kastor noted approximately half of both lots are in the swamp and that it runs all the way up to the north end of his lot. Kastor stated the residents on Carmans Bay will be concerned when they find out what is happening near this bridge. Kastor noted Mr. Vogstrom came with a semi and fertilized and seeded his whole piece of land a couple years ago and that days later the green algae started forming. Kastor stated if the wind blows from the west, he has to close his windows because of the smell. In addition, Mr. Vogstrom took a piece of city land and installed electric and water lines in there as well as lighting and an invisible fence Page 3 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. 12. #17-3983 ERIC AND LIZ VOGSTROM, 2618 CASCO POINT ROAD, VACATION — RESOLUTION NO. 6828,7:15 P.M. — 7:37 P.M. — Continued for a dog. Kastor stated the invisible fence is about a foot from the road. Kastor stated someone cannot fill the wetlands, fertilize the wetlands, mow the wetlands, and then expect the wetlands to stay. Kastor stated the City has to straighten this mess out. Kastor stated with the two catch basins, it was fine and the water was clean, but now it is full of algae. Kastor stated he is concerned that it will flow out into the bay toward Narrow's Bay and that he would like the City to restore it to what is used to be. Mayor Walsh closed the public hearing at 7:28 p.m. Rief stated the City does maintain the stormwater basin up towards the road and that what is happening with the bridge is further down by the shore. Walsh stated the City is very cognizant of water quality issues. Walsh noted the majority of the City's tga ew some of them provide access to the lake. Walsh stated it is necessary to look at each of these fire lanes on a case-by-case basis, but that if the fire lane is vacated in this case, it would be split down the middle between the two adjoining properties. Oakden noted there is a rain garden and a storm sewer in the area. Walsh stated even if it was vacated, the City would still require an easement to maintain those items. Seals stated based upon her reading of the materials, it does not appear that the vacation would be in the best interests of the City or public and that at some point in the future the City can discuss what should be done to improve the fire lane. Walsh stated currently it is a non -motorized right-of-way and that it is somewhat muddy but that it still serves a public purpose. Walsh stated he can see both sides of the situation but that this fire lane is many decades old and has served as a public right-of-way that originally served a different purpose than what it is being used for today. Printup stated he also does not see a reason to vacate the right-of-way and that the neighbors are still able to use it to some extent. Crosby asked if the area acts as a natural filter. Walsh stated there are some catch basins that are supposed to act as a filter and that perhaps the City should look at whether the catch basins are working the way they were designed. Printup moved, Seals seconded, to adopt RESOLUTION NO. 6828 , a Resolution Denying the Request to Vacate the Dedicated Right -of -Way Within the Plat of Winships Subdivision of Lot 1, Spring Park 2°a Division, File No. 17-3983, Eric and Liz Vogstrom, 2618 Casco Point Road. VOTE: Ayes 5, Nays 0. Page 4 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. 13. #18-3992 — REVOLUTION DESIGN BUILD OB/O KEVIN AND PATTY KRETSCH, 3155 CASCO CIRCLE, VARIANCE — RESOLUTION NO. 6829,7:37 P.M. — 7:39 P.M. Oakden stated the applicant is requesting an average lakeshore setback variance for a single-family home and deck. The overall footprint of the new deck is proposed to be less than the existing deck. The existing deck encroaches into the average lakeshore setback by roughly 17 feet and the new proposed deck would encroach by approximately 11'6". The new deck will also be 2 feet taller than the existing deck. The Planning Commission recommended approval of the request at their January 16 meeting. Planning Staff also recommends approval. Mayor Walsh opened the public hearing at 7:38 p.m. There were no public comments regarding this application. Mayor Walsh closed the public hearing at 7:38 p.m. Printup moved, Crosby seconded, to adopt RESOLUTION NO. 6829, a Resolution Approving Variances from Municipal Zoning Code Section 78-1279, Revolution Design Build on behalf of Kevin Kretsch, 3155 Casco Circle. Ayes: 5, Nays 0. 14. #18-3993 MICHAEL HAYES OB/O WELDON AND MARCIA GILBERTSON, 684 TONKAWA ROAD, VARIANCE — RESOLUTION NO. 6830,7:39 P.M. — 7:41 P.M. Oakden stated the applicant is requesting an average lakeshore setback variance for a single-family home. The applicant is proposing to build an addition to two of the existing decks that face Lake Minnetonka. The deck off of the master bedroom would encroach four feet further into the average lakeshore setback and the second deck would encroach roughly 35 feet into the average lakeshore setback. At their January 16 meeting the Planning Commission recommended approval. Planning Staff recommends approval of the variance request. Mayor Walsh opened the public hearing at 7:39 p.m. There were no public comments regarding this application. Mayor Walsh closed the public hearing at 7:39 p.m. Mayor Walsh noted the adjoining house is set pretty far back, which creates an inherent practical difficulty. Seals moved, Printup seconded, to adopt RESOLUTION NO. 6830, a Resolution Approving Variances from Municipal Zoning Code Section 78-1279, Michael Hayes on behalf of Weldon and Marcia Gilbertson, 684 Tonkawa Road, File No. 18-3993. VOTE: Ayes 5, Nays 0. Page 5 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. 15. #18-3994 — DAVID KNAEBLE, 3635 TOGO ROAD, SUBDIVISION/PRELIMINARY PLAT, VARIANCES — RESOLUTION NO.6831, 7:41 P.M. — 7:45 P.M. Curtis noted this was previously before the City Council as a sketch plan. The plan before the City Council tonight is similar to that concept plan. The applicant is requesting preliminary plat approval for a subdivision of the property to create a total of three lots for single-family homes where one lot currently exists with PRD flexibility. One lot will be accessed off of Togo Road and the other two lots will access off of Northern Avenue. The proposed lots meet the minimum acreage requirement but the acreage is not contiguous. The lots will be served by City sewer and water. The Planning Commission recommended approval of the application, subject to clarification on tree removal. The applicant has submitted a tree preservation plan. Staff recommends approval. Staff further recommends the landscaping requirements be met on both Northern and Togo frontages. Curtis noted a slight change to the resolution was made on Page 5, No. 3, regarding the rain garden. The Minnehaha Creek Watershed District will be in charge of the long-term maintenance of the rain garden versus a homeowners assoeia :101-1 yr a ei change. Mayor Walsh opened the public hearing at 7:43 p.m. There were no public comments regarding this application. Mayor Walsh closed the public hearing at 7:43 p.m. Mayor Walsh stated when the Council saw it as a sketch plan, it was pretty straight forward and that this subdivision should be a great addition to the neighborhood. Walsh stated there is a practical difficulty regarding the contiguous land given the large body of water in the middle of the parcel. Seals moved, Crosby seconded, to adopt RESOLUTION NO. 6831, a Resolution Approving a Preliminary Plat and Granting a Conditional Use Permit to Allow Development as a Planned Residential Development (PRD) for the Property Located at 3635 Togo Road, File No. 18-3994, subject to Staff recommendations. Vote: Ayes 5, Nays 0. 16. #18-3997 REHKAMP LARSON,1300 BRACKETTS POINT ROAD, VARIANCES — RESOLUTION NO. 6832,7:45 P.M. — 7:48 P.M. Curtis stated the applicant is requesting variances to make primarily cosmetic changes to the roof of the home. The current flat roof will be changed to a gable roof within the 75 -foot setback. The average lakeshore setback line basically goes through the middle of the property. The footprint of the house will not be expanded. At their January 16 meeting, the Planning Commission recommended approval. Planning Staff also recommends approval. Mayor Walsh opened the public hearing at 7:46 p.m. Page 6 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. 16. #18-3997 — REHKAMP LARSON,1300 BRACKETTS POINT ROAD, VARIANCES — RESOLUTION NO. 6832,7:45 P.M. — 7:48 P.M. Jean Rehkamp Larson stated she is here tonight to answer questions. Mayor Walsh closed the public hearing at 7:47 p.m. Seals moved, Crosby seconded, to adopt RESOLUTION NO. 6832, a Resolution Approving Variances from Municipal Zoning Code Section 78-1279, Rehkamp Larson, 1300 Bracketts Point Road, File No. 18-3997. Vote: Ayes 5, Nays 0. 17. #184000 JEFF MARTINEAU ON BEHALF OF BARBARA GARCIA,1335 ARBOR STREET, VARIANCES, 7:48 P.M. — 8:26 P.M. Jeff Martineau, Applicant, was present. Oakden stated the applicant is requesting multiple variances to construct a new home on the site, including lot area, lot width, front, side, street side setback, and structural coverage. The site is a corner and through lot with streets on three of the four sides. The proposed home will be more centered on the lot and, as designed, exceeds the City's maximum structural coverage. The applicant would like the City Council to approve the application as presented but is prepared to redesign the home if necessary to meet the structural coverage. Staff believes the redesign would require a new public hearing. If the Council feels that the standards for a variance from the structural coverage have not been met, the applicant will bring new plans for a public hearing at the April 16 Planning Commission meeting. The Planning Commission was supportive of the variances with the exception of the structural coverage variance, noting that the limit was recently increased from 1,500 square feet to 2,000 square feet on small lots. Staff received some public comments earlier today in support of the original proposal. Oakden stated if the Council does not feel that the standards for one or several of the variances have not been met, the applicant would request that he be allowed to redesign and resubmit. If the Council finds 17. #184000 JEFF MARTINEAU ON BEHALF OF BARBARA GARCIA,1335 ARBOR STREET, VARIANCES, 7:48 P.M. — 8:26 P.M. — Continued that the standards for variances are met, they should direct Staff to draft a resolution of approval for consideration at a future meeting. Mayor Walsh opened the public hearing at 7:49 p.m. Richie Anderson, 3205 Crystal Bay Road, asked if the City Council would approve structural coverage over 2,000 square feet. Page 7 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. Mayor Walsh stated the applicants are request a variance to the structural coverage to allow for approximately 2,300 square feet. Walsh noted the City's maximum structural coverage was originally 1,500 square feet, which was recently raised to 2,000 square feet. Bob Kraig, 1355 Arbor Street, stated they are in favor of the one-story house rather than the story and a half. Kraig stated in their view the two-story will take a lot of value away from their property. Mayor Walsh closed the public hearing at 7:53 p.m. Jeff Martineau, Developer, stated he did speak with the neighbor earlier and that he did show him a design that involved a two-story home that minimized the request for variances. Martineau stated the easiest thing to do would have been to construct a two-story house but that he hopes the City Council will find the one-story house more pleasant and appealing for the neighbor. Martineau distributed a color sketch of a very similar home that was constructed on Minnetonka Boulevard. Martineau stated the proposed one level house minimizes the impact to the next-door view it is a good plan for the lot, but unfortunately, when the garage is included in the square footage number, it gives the impression that it is a large house, but it is only slightly over 2,000 square feet. Martineau stated if it is denied, he would have no choice but to redesign and construct a two-story house, which would have a bigger impact on the neighbors. Martineau stated the buyers are empty nesters and they would prefer not to have a second floor. Crosby noted in the sketch it depicts windows above the first floor. Martineau stated the pictures are for aesthetic reasons only and are located in the attic. Martineau indicated it was done that way to break up the roof. Crosby asked how much higher the proposed structure would be than the existing house. Martineau indicated it will be slightly higher but that it will not be a full two-story house. The proposed house has a really low roof pitch and will be lower than the house next door. Martineau stated it will probably come up to the bottom of the neighbor's second story windows. If a two-story is constructed, the windows would be facing the neighbor's bedroom. 17. #184000 JEFF MARTINEAU ON BEHALF OF BARBARA GARCIA,1335 ARBOR STREET, VARIANCES, 7:48 P.M. — 8:26 P.M. — Continued Dankey commented on a lot this size, it would be difficult not to look at the neighbor's house. Martineau noted the house is oriented front to back and that the garage is on the other side of the house than the house depicted in the picture. Mayor Walsh commented it is a unique lot with three streets around it. Walsh stated the neighborhood also does not have a lot of two-story homes. Walsh noted the roofline will be higher on a two-story house. Page 8 of 22 MINUTES OF THE ORONO CITY COUNCEL MEETING Monday, February 12, 2018 7:00 o'clock p.m. Printup stated it is troublesome going over the 2,000 feet of structural coverage but the option is going up with a second story. Printup stated knowing the neighborhood and the people who live on that street, in his view the two-story house would be intrusive and that he is in favor of the one story. Printup stated the lots with the two-story homes are larger and have different setbacks. Walsh stated trying to fit the house on the small lot is a challenge. Walsh asked what would happen if someone wants to construct a second story on this home at some point. Oakden stated it would require a variance because it would be considered a new encroachment. John Thiesse, Planning Commission Chair, stated the proposed house is almost a two-story house and that he heard the designer state that he will redesign and make it a story and a half. Thiesse stated he is not sure the house will get taller if it is redesigned. Martineau stated roof pitches are far different than they have been in the best and that roof pitches tend to be steeper. The windows are in nonliving space. Martineau stated his intent is not to go with a straight two story but that it would be a story and a half. Martineau noted he does have a lot of roof area he can work with but the height will be increased due to the codes that have to be adhered to. Martineau stated he hopes they can approve it as a one-story house and that he is trying to be sensitive to the people next door. Mayor Walsh asked what the height of the building is. Martineau stated he believes it might be 24 or 25 feet but that he would have to verify that. Dankey stated this neighborhood will likely have some of the current homes torn down and rebuilt and that those could be two-story homes. Printup commented there has been more turnover in the past couple of years than in the past 30 years, but the question is whether to allow the overage on the structural coverage or approve a taller structure. Printup stated a higher house will stick out. Dankey asked why it cannot be a smaller house. 17. #18-4000 JEFF MARTINEAU ON BEHALF OF BARBARA GARCIA,1335 ARBOR STREET, VARIANCES, 7:48 P.M. — 8:26 P.M. — Continued Printup stated that is also a possibility. Martineau stated to his knowledge it is 22 feet high. Mayor Walsh stated if they go with a second floor, it will likely be 30 feet tall. Walsh stated this neighborhood has a number of small lots and that most of the other homes in the area are one story. Mayor Walsh closed the public hearing at 8:08 p.m. Page 9 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. Crosby stated he is not in favor of expanding the footprint, and that if they allow more structural coverage than what is currently allowed, the question is where it will end. Printup stated if they look at things on a lot -by -lot basis, the question is whether they are cutting off their noses to spite their face. Crosby stated the homes across the street are two-story. Dankey stated they are older homes but they are still two stories. Dankey stated this house could be longer and narrower. Printup stated no matter what, variances will be necessary. Crosby stated having a new structure there will enhance the nearby properties. Printup stated the current house is closer to Arbor and the new house is being centered on the lot. Walsh stated he can see some give and take on this application and that perhaps limiting the height to 23 feet would be a start. Oakden stated to her knowledge there is a mixture of one story and two-story homes in the area. Dankey asked whether the home will be a walkout. Oakden indicated the plans depict it with a full basement. The developer states on his plans it will not be a walkout but a rambler with a full basement. Printup stated if you take the 40,000 -foot view and look at the surrounding area, a two-story home will jump out at you no matter what side of the road you are on. Dankey questioned whether the house could be longer and narrower. Crosby stated in his view it should be redesigned and that the developer should stick to the 2,000 square feet. 17. #184000 JEFF MARTINEAU ON BEHALF OF BARBARA GARCIA,1335 ARBOR STREET, VARIANCES, 7:48 P.M. — 8:26 P.M. — Continued Seals stated she struggles with the application because the Council recently changed the maximum structural coverage to 2,000 square feet to be more flexible and that anything the Council does on this lot is going to look out of character or different. Seals stated she understands the concerns over the height but that she worries about Pandora's Box on this one. Rief states his concern is that with the Red Oak development, they have 5 -foot setbacks, 20 -foot backyards, and homes that go up to 30 feet. As a result, all you see is your neighbor's house. Rief stated some of the homes in this neighborhood are 100 years old and that the City Council now has the opportunity to set the stage for the next 100 years. Rief stated the question is whether they want to see 30 -foot homes in this neighborhood. Page 10 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. Crosby stated the City Council has been accommodating with the structural coverage and that he does not believe this home will be super high. Printup noted it will be higher than what currently exists. Crosby stated the proposed house has a fairly -high roofline that is mostly decorative. Crosby stated in his view it is a two-story structure and that someone could put in stairs and living space up there. Printup stated the neighbor will be looking at a 30 -foot wall with a two-story house. Walsh stated there is some give and take and that if there is limited space, they will go up. Crosby stated there are already two-story homes in the neighborhood. Printup noted it is on a corner and on a narrow street. Walsh stated the developer is willing to keep it on one level, which will keep the height down. Printup stated the neighbors do not want to see tall houses in this neighborhood. Seals asked what the current structural coverage is. Oakden indicated it is around 1,750 feet with a one -car garage. Walsh stated the Council would basically be giving them extra structural coverage for a larger garage. Crosby stated the City has already raised the structural coverage for smaller lots. Printup stated the proposed house would be centered more on the lot and would look over the swimming pool. On the other side of the street the neighbor's house is two-story. Printup stated the streets in this area are very narrow and there is a little bit of a slope on the lot. 17. #18-4000 JEFF MARTINEAU ON BEHALF OF BARBARA GARCIA,1335 ARBOR STREET, VARIANCES, 7:48 P.M. — 8:26 P.M. — Continued Dankey noted some larger lots have not been given anything additional and that in this situation they have a small lot that is requesting a bunch of variances. Dankey stated they could keep the same footprint or go up to 2,000 square feet. Walsh stated he would be more willing to grant some flexibility if the roofline is kept down. Seals stated the roofline looks tall to her and that a two-story would match some of the other homes in the neighborhood. Dankey commented not having a lawn will also be noticeable. Page 11 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. Printup stated the house will also be centered and there will be more room in the side yard. Walsh noted it will be 600 more square feet than what currently exists. Walsh asked if the shed will be gone. Martineau indicated it will be removed. Crosby moved, Dankey seconded, to deny Application No. 184000, Jeff Martineau on behalf of Barbara Garcia, 1335 Arbor Street, with the finding that the standards for one or several variances have not been met. Barnhart noted the applicant has requested the application be tabled to redesign if the Council is not in favor of the proposed design. Martineau requested the City Council table his application. Crosby moved, Dankey seconded, to table Application No. 18-4000, Jeff Martineau on behalf of Barbara Garcia, 1335 Arbor Street. Printup stated in his view the plan before the City Council is better than a redesigned two-story house and that the structural coverage variance will not open up Pandora's Box. Printup stated he understands structural creep but that is why there are variances. Printup stated on a lot like this, it does not make sense to go up. Vote: Ayes 3, Nays 2, Walsh and Printup Opposed. 18. #18-4002 JOHN PATCH OB/O BERKSHIRE PARTNERS, 2745 KELLEY PARKWAY, CONCEPT PLAN, APARTMENT BUILDING, 8:26 P.M. — 9:00 P.M. Barnhart stated this is a sketch plan review and involves a proposed land use plan and zoning map amendment to allow a 56 -unit apartment building. The site is platted and currently guided for office use and is zoned for Highway Commercial Uses. An apartment building would require an amendment to the Comprehensive Plan and the Zoning Ordinance. The building is designed to meet the height limits of 30 feet, though the final determination will be made when a full grading plan and architectural plans are developed. Parking will be provided both above ground and underground. Approximately 14 spaces of the surface lot are shared with the dentist/medical office to the west. Even with the shared parking, the site meets the parking requirements for the proposed use. Page 12 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. The property will be rezoned to RPUD and tied to the Stonebay development across the street to meet size requirements. Staff anticipates a similar design palette to the Stonebay project. The net development density based on 56 units on the 2.55 -acre parcel would be 21.9 units per acre. The highest density anticipated by the Comprehensive Plan is high density residential at 10 to 15 units per acre. The senior housing project to the east was approved at 20 units per acre. Density at this level will help the City meet its work force housing and density goals established in the Comprehensive Plan and could allow for lower densities elsewhere. Seals asked what is meant by work force housing. Barnhart stated work force housing is not defined in the City Code and that it is likely the people who will be renting will be people who work in the area and perhaps do not have the ability to afford a large home. Barnhart noted the developer is not requesting any subsidy and the City is not offering any. Crosby asked what the rents will be. Patch indicated the rents will be market rate, meaning that the one -bedroom apartments will probably rent in the $1,100 to $1,300 range and the two-bedroom apartments will be between $1,400 to $1,600 per month. Walsh noted Staff has laid out five issues for discussion. Walsh asked whether the Council feels this site should be rezoned to residential. Printup stated one of the reasons it was zoned business was to help keep the density down. Walsh stated higher density on this site would give the City more flexibility on other developments. Walsh noted the Council approved lower density on the Orono Preserve development with the idea that higher density could be built elsewhere. Seals stated she does not believe the residents will want the higher density. 18. #184002 JOHN PATCH OB/O BERKSHIRE PARTNERS, 2745 KELLEY PARKWAY, CONCEPT PLAN, APARTMENT BUILDING, 8:26 P.M. — 9:00 P.M. — Continued Walsh noted there is basically the same density with the senior housing and that this building will stay at the same height as Stonebay so it will not look out of place. Dankey commented the density will also impact the school district. Crosby asked what the ramifications are from the Metropolitan Council if they do not approve higher density. Barnhart stated the City will be submitting a Comprehensive Plan Update later this year and that it is a possibility the Metropolitan Council will not approve that if the City does not meet its density and affordable housing goals. Barnhart noted currently there is quite a bit of density in the Navarre area and that higher density in the Navarre area is probably misplaced due to the traffic levels. Barnhart stated the Page 13 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. City should try to provide more affordable housing options and that they are looking at this site as one option. Seals stated there are some areas in Orono that offer affordable housing but that she struggles with the Metropolitan Council dictating what happens in this area. Seals asked what would happen if the City Council does not approve this. Dankey stated the City Council also needs to consider whether Orono is willing to expand the schools as well if higher density is approved. Barnhart stated the school district obtains an understanding of the new growth in the area from the City and that part of the formal Comprehensive Plan Update process does involve the school district. Barnhart stated the question for tonight is whether the City is open to changing the zoning on this site. Walsh noted this development is consistent with the area. Sealsstated sheis besittant to allowtng the Me—tio-FoLAW. to drive the Oyronv 5111%,V people move out to this area to get away from the higher density. Walsh noted next door there is a senior housing project as well as the Stonebay development, which are basically two apartment complexes. Walsh asked whether the Council agrees that there is justification for changing the zoning. Rief stated based on the Navarre Area Study, there is plenty of office space in the metro area and that it is unlikely someone will come out here and build an office complex. Printup stated the Council might want to re -discuss at a work session the possibility of sending a letter to the Metropolitan Council in conjunction with other cities about their density goals. Printup stated this location is probably more appropriate than in the middle of another neighborhood. 18. #18-4002 JOHN PATCH OB/O BERKSHIRE PARTNERS, 2745 KELLEY PARKWAY, CONCEPT PLAN, APARTMENT BUILDING, 8:26 P.M. — 9:00 P.M. — Continued Walsh stated the Council is looking at changing this site from office to residential and getting credit for the density. Crosby stated he is on the fence because that gives the okay for more density. Barnhart stated the City has identified in the 2030 Comprehensive Plan that higher density will go in the Navarre area. Staff is suggesting higher density should be put on this site rather than in the Navarre area because the rationale is that this is a better location for it. Crosby concurred that if the City is going to have higher density, this would be a better spot for it. Walsh stated as it relates to Item B, it would be consistent with what has already been approved next door and would be in character with the area. Walsh pointed out if this development is approved, the City Page 14 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. could go with lower density elsewhere. Walsh noted the City also does not have the sewer and water issues to deal with at this location. Barnhart noted this site was identified in 2008 for new growth. Barnhart stated out of the seven areas that were identified for growth, all were within the MUSA area. Barnhart noted the City expected Orono Preserve to come in at seven units per acre, which actually came in at three units per acre. If the City still wants to provide access to municipal sewer near the lake and provide sanitary sewer access to Area E, the Metropolitan Council requires that the minimum density be three units per acre in order for the sewer to be extended. In addition, the City anticipated the Eisinger property would be developed at 10 to 15 units per acre but the proposal came in at five units per acre. Barnhart stated the challenge is the City's density rate is dropping, which means the City is in danger of not being able to provide sanitary sewer to the properties on Fox Street and other areas. Barnhart stated the City does not want to see high density along the lake and that this project will help bump the City's density rate up and allow the sanitary sewer to be extended to those identified areas. Barnhart stated Staff is trying to add density in a strategic way as well as providing sanitary sewer where it is deemed appropriate. Seals commented the issue is that the City Council does not want to provide areas for higher density. Barnhart noted the Metropolitan Council has to approve the Comprehensive Plan and that he would be cautious about how that issue is raised with them. Dankey asked whether that density number could ever be renegotiated. Dankey stated the fact that Orono provides a lot of tax dollars to the Metropolitan Council should be given some weight. Barnhart stated the City addressed that density number in 2015 and that the Metropolitan Council modified the number slightly. Barnhart stated zero growth is not an option and that Orono has been building 40 new houses a year for the last 15 years. Barnhart stated Orono has growth but it is not at a rate like Plymouth. 18. #18-4002 JOHN PATCH OB/O BERKSHIRE PARTNERS, 2745 KELLEY PARKWAY, CONCEPT PLAN, APARTMENT BUILDING, 8:26 P.M. — 9:00 P.M. — Continued Walsh asked whether the City Council is okay with the higher density. Crosby stated Staff made some excellent points, and that while he might not like it, he is more comfortable with it. It was the consensus of the City Council to be open to a donation to the park dedication fund in lieu of a 10 percent private recreation space. Walsh stated this proposal is probably the best solution to the City's density number and that he cannot think of another site in Orono where a 60 -unit apartment building can be built. The City Council took no formal action on this item. Page 15 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. (Recess taken from 9:00 p.m. to 9:07 p.m.) 19. #17-384 CITY OF ORONO: TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION Barnhart noted the City Council directed Staff to prepare two ordinances that would prohibit the rental of a residential home for a period less than 30 days and an ordinance that would prohibit short-term rentals but also allow for a resident to rent up to one room of their home to no more than two people for a short term. In response to the workshop discussion and direction, Staff has prepared three draft ordinances: Option A is an ordinance that prohibits short-term rentals and requires a license. Option B is an ordinance that prohibits -short-term rentals and does not require a rental license. Department more tools with which to evaluate noise issues when they occur. Barnhart noted an email was received over the weekend requesting that up to two bedrooms be allowed to be rented in a person's home. Staff is seeking direction from the City Council on which way they would like to proceed. Dankey questioned how the City would know if someone has four people staying in their house versus one person. Dankey stated in her view the City is trying to legislate rentals for one problem in the community and that it seems like Staff is doing a lot of work for something that has not become a nuisance in the community, especially considering how many people are currently renting out. Mayor Walsh opened the public hearing at 9:11 p.m. 19. #17-384 CITY OF ORONO: TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION — Continued Steve Elliott, 1400 Baldur Park Road, stated he has read the information regarding the meeting tonight and that what struck him is the point that is being missed. Elliott stated the discussion has focused around disrespectful behavior such as noise and lack of parking and the accumulation of trash. Elliott stated those are not the issues and that the real issue is safety to the residents in the neighborhood. Elliott noted he has been living next door to one of these locations and during the ten weeks this past summer that the property has been rented, there have been 8 to 12 people in the residence at one time. That amounts to around 160 twenty -some year-olds who have been in there during that time. Elliott stated some of the guests have been very rude, very disrespectful, wander into his yard and elsewhere, and his daughter does not want to go out in the back yard because she does not feel safe. Elliott stated a safety issue has been created because of what is being allowed. Elliott stated he has also had people knocking on his door asking to buy drugs. Page 16 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. Elliott reiterated that the issue is not about noise and that the real issue is about safety. Elliott stated his daughter and son do not want to be outdoors when it is rented. Elliott indicated he and his son have also been knocked down by a Rotweiler. Elliott stated they do not know who these people are and that this is something that any of the council members would want to live next to. Elliott stated if they had a 15 -year-old son or daughter, they would not be having this discussion and an ordinance would be passed. Walsh stated in the past few years there have been issues raised about sex offenders and that it was said at the time that Orono doesn't have any problems with sex offenders. Walsh stated the Council did not want to have a problem and then pass an ordinance. Walsh stated the City Council passed that ordinance and soon after that a number of other communities followed Orono's lead. Walsh stated in his opinion this is along the same lines and that it is a philosophical issue and what type of community Orono wants to be. Walsh stated it comes down to whose property rights are more important and that the City has the right to regulate rentals. Jeanne Carter, 2780 Shadywood Road, stated she is here tonight to speak in support of Staff's recommendation which does not support an ordinance amendment that prohibits short-term rentals. Carter noted Staff s recommendation states that "prohibiting and severely restricting the short-term rental of a property owners' home impacts their property rights, actively punishes the 99 percent of property owners and renters that are respectful because of the one percent that does not." Carter stated she very much sympathizes with the gentleman who just spoke and that it is a horrible situation to be in because in her view that is the one problem the city faces. Carter stated it seems like common sense to her that the City Council does not go overboard on this and that there is a different way to handle this. Carter stated if they make a law that requires someone to have a minimum of 30 -day rentals, they are actually encouraging a transient community. Carter stated the longer someone stays in a property, the more comfortable they get and the more likely they are to have bad behavior. Carter commented this particular rental property seems to be quite the exception to the norm, but the City already has rules and laws to deal with some of those issues. Carter indicated she would like to see those laws continue to be enforced for those individuals who are affected by that. 19. #17-384 CITY OF ORONO: TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION — Continued Carter noted people come into the community for all kinds of reasons and that there are not very many accommodations around the lake. Carter stated the type of guests that they have are coming to the community because they grew up here and they are visiting friends and family, attending weddings, funerals, and so on. Carter commented she is not a landlord and that she does not want all the problems that come along with being a landlord. Carter stated in her view the City does not want to encourage more transient residency in the community, which is her concern with Options A and B. Carter encouraged the City Council to use the tools that they already have to deal with this problem property and let everyone else get on with doing their thing. Richie Anderson, 3205 Crystal Bay Road, stated he is trying to figure out why people in Orono have to rent their homes out to make extra money and that perhaps they should move elsewhere. Anderson stated it is basically the same as renting a boat slip out. Anderson stated he stands with his brother, because if it was his house and his kids, he would hope someone would stand with him to oppose it. Page 17 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. Anderson questioned whether it is actually one percent that cause problems. Anderson stated the situation will likely only get worse. Anderson noted on his street there are people renting out dock slips and people in his neighborhood that he does not know where there are young kids playing. Anderson stated the ordinance is about being proactive and it maybe will even save a life. Anderson noted the neighbors' children cannot go outside without being accosted. Anderson stated the City has to stand up for a situation like that because it could be their next-door neighbor. Dankey stated sometimes it is their next-door neighbor but that they are only there for a short period of time. Anderson asked Council Member Dankey what she would do in that situation. Dankey indicated she has had bad neighbors before who were there for a longer period of time. Dankey stated it is good to try to talk to them and that there likely is one person in the group who will probably say that they won't bother you. Dankey stated she does have Vrbo in her neighborhood and that the people have been '011nI rror five to ten ye$ Anderson asked Council Member Dankey what she plans to do about this problem property. Dankey noted no one has complained about it to the City for a year. Anderson stated the attitude is that the City does not do anything unless there is a complaint. When someone complains about their neighbor, they can be targeted. Anderson noted the City does not even put a stop work order on a place that does not have a work permit unless someone complains. Anderson noted someone cannot complain anonymously anymore. Anderson stated his neighbor rents out his boat slip and he does not say anything about it because he has six months in the wintertime where he has to be a good neighbor. Anderson noted in this situation the neighbors do not even have the opportunity to talk to the property owner and that someone has to stick up for them. 19. #17-384 CITY OF ORONO: TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION — Continued Dankey stated in her view there is another way to deal with it and that when there is a problem happening, the City should deal with it then. Anderson asked why there has to be rentals in homesteaded properties. Anderson noted they are not paying more in taxes to be a rental property. Dankey stated she has rented for years through Vrbo and that it is one way to get to a community where there are not hotels. Anderson noted there are hotels in the area and that the City does not have to allow this. Dankey commented most people are very conscientious and do not cause problems. Anderson stated if the property is not homesteaded, it should be taxed differently. Page 18 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. Crosby stated the City does not know whether the property is homesteaded. Dankey stated there could be problems even if the City legislates it. Walsh commented the City Council can try to help mitigate the problem situations. Anderson stated it is no different than the apartment building that was being discussed earlier, which will be non -homesteaded property. Bill Anderson, 1408 Baldur Park Road, stated the last thing to do is to wait until something happens because it will get ugly if something happens. Anderson stated they have speeding cars down the street and the problems with the trash is basically unenforceable. Anderson stated the real issue is the safety to the residents and the speed of the vehicles. Anderson stated he would encourage the City Council to do what neighboring cities have done, noting that the City of Shorewood has banned it completely. Anderson stated he understand Mrs. Carter's situation and that it is wonderful if she can rent out a room in her house and have people she does not know be in her home. Anderson stated there are a number of hotels in the area within a 10 -minute drive of Lake Minnetonka and that the lack of accommodations is not an issue. Anderson encouraged the Council to take the safe route, make the right decision, and approve an ordinance. Mayor Walsh closed the public hearing at 9:28 p.m. Crosby stated he is very supportive of public safety and being proactive. Crosby stated Orono is not a transient community but a bedroom community. Crosby indicated he is in favor of making it 30 days and requiring a license. Crosby stated he is open to a double room exemption on owner -occupied homes. 19. #17-384 CITY OF ORONO: TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION — Continued Crosby stated in his opinion this issue is important. The residents do not know who these people are, and if it was happening next to any of them, it would be a problem. Crosby stated when it happens to their neighbors on Baldur Park Road, it is a problem. Crosby stated the renters have worn out their welcome and that Orono is not the community for Vrbos. Seals stated if the City requires a license, there can be some minimum rules established and the City can mitigate some of the costs that way. In addition, the City would also have an understanding of who has rental properties. Seals stated the City could also consider allowing a certain percentage of properties to be long-term rentals. Seals stated Orono is not a community that has a lot of hotels and that should be looked at. Seals indicated she does not really like any of the options because she does not feel they meet what the City is looking for. Seals stated requiring a license would help cover the City's costs and that she would like to see, regardless of it being long or short-term rentals, the possibility of the property owner losing Page 19 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. their license if they receive so many complaints. Seals stated it is super hard to regulate noise and that it is almost a moot point. Crosby stated he would be okay with enhancing Option A. Crosby noted Option A requires a license, a 30 -day stay, and that he would willing to be flexible for owner -occupied. Walsh stated he also likes the license requirement and that he would recommend revisiting the license component in six months to see how it is working versus saying three strikes and you are out. Walsh stated the license would also allow the City to have a better idea of what is going on in the community. In addition, the license fee will help cover some of the costs. Walsh stated he also agrees with the 30 days and that the City can deal with violations later once they have a better idea of how the ordinance is working. Seals stated in her view there has to be someone managing the properties that resides in the state so the City has someone to contact in the event there is a problem. Walsh concurred that it would be difficult to require someone to respond within 60 minutes, but that having contact information for the property is a good place to start. Walsh stated the City can always revisit it and build on it. Dankey noted some of her friends who have rented for longer than 30 days have been the people who cannot get the renters out of their house. Walsh stated short-term and long-term landlords have the same legal obligations. Dankey stated a short-term lease is very different. 19. #17-384 CITY OF ORONO: TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION — Continued Walsh stated someone would still have to go to court even with a short-term lease. Dankey stated one of her neighbors has always rented out a portion of her house and that a 30 -day Vrbo is ridiculous. Dankey stated she would rather have all or nothing and that no one is going to rent for 30 days through Vrbo. Dankey questioned how the City is going to be able to legislate one or two rooms in someone's house. Crosby pointed out the homes have to be owner -occupied. Dankey stated that does not mean the owner will be there and that the City will not know. Walsh stated in his view they have to start somewhere and gather information as they go. Carter asked how the 30 -day minimum will be enforced. Carter stated the properties on Big Island have a business model to rent out primarily in the summer. Page 20 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. Walsh stated what the Council is talking about is requiring the property owner obtain a license, which will give the City a better idea of how many properties are being rented out. Walsh stated if there is a problem, the City will send a letter to the property owner asking them to take care of the problem, and then if the problem is not resolved, then it will be necessary to follow a process to deal with it. Walsh stated the ordinance may not solve everything right away, but that they have to start somewhere. Carter asked how that will be communicated to the people who are doing the Vrbos. Carter stated there are a number of people who run under the Vrbo model versus someone renting a room out. Walsh stated the sites can be searched and those will be the easy ones to notify. Mattick stated the City Council should also decide on a starting date. Carter stated a number of the Vrbo folks are probably already booked up for the summer so that group of people will be greatly impacted. Carter stated those rentals could be a significant source of income and that she is concerned for those folks because that is a legitimate business for them. Carter stated those people may have purchased the property for that intent and that the City is infringing on people's property rights. Crosby stated they will need to go into the commercial rental business then. Crosby moved to approve Option A and direct Staff to draft an ordinance amending the Orono Municipal Code regarding rental licensing and short-term rentals and to allow residents to rent up to two rooms of their owner -occupied homesteaded property to no more than two people, with the ordinance going into effect in 30 days. Rief stated Staff would not be able to meet the 30 days. 19. #17-384 CITY OF ORONO: TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION — Continued Crosby stated the City can give them 30 days after it is approved. City Attorney Mattick suggested the ordinance go into effect April 1. Seals questioned if that is enough time realistically and that summertime is likely the problematic time. Mattick stated 30 days is better than none and that people who run Vrbos likely would want more time. Crosby stated the sooner the ordinance goes into effect the better because it gives people more time to make arrangements. Printup seconded the motion. Walsh suggested looking at the ordinance in six months and then again in 12 months. Page 21 of 22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 12, 2018 7:00 o'clock p.m. Printup stated parking should not be an issue with the one or two room exemption. Printup asked whether they want to put an off-street parking restriction in there. Barnhart indicated that language is already in the draft ordinance. Seals stated at some point there needs to be a discussion about the possibility of someone losing their rental license if the City receives too many complaints. VOTE: Ayes 4, Nays 1, Dankey Opposed. MAYOR/COUNCIL REPORT Seals stated she had nothing to report. Crosby noted his neighbor, Sidney Moren, is on the U.S. Olympic hockey team and that she is making Orono proud. Walsh commented he was in Chicago the past weekend when they got 10 inches of snow and that it is nice to be back home. CITY ADMINISTRATOR'S REPORT Rief had nothing to report. CITY ATTORNEY'S REPORT 20. CLOSED MEETING: Crosby moved, Seals seconded, to enter into closed session based on attorney-client privilege to discuss pending litigation. VOTE: Ayes 5, Nays 0. ADJOURNMENT Crosby moved, Seals seconded, to adjourn the Orono City Council meeting at 9:51 p.m. VOTE: Ayes 5, Nays 0. ATT T: r, Anna Carlson, City Clerk Dennis Walsh, Mayor Page 22 of 22