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HomeMy WebLinkAbout06-11-2018 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 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,and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Community Development Director Jeremy Barnhart,City Planners Melanie Curtis and Laura Oakden,Public Works Director/City Engineer Adam Edwards,City Attorney Amy Schutt,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 CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF MAY 23,2018 2. CITY COUNCIL WORK SESSION MINUTES OF MAY 23,2018 3. CLAIMSBILLS 4. APPROVAL OF GARBAGE HAULER LICENSES 5. APPOINTMENT OF 2018 ELECTION JUDGES—RESOLUTION NO.6874 6. APPOINTMENT OF 2018 SEASONAL EMPLOYEES 7. APPROVAL OF PROMOTION OF SERGEANT This item was removed from the Consent Agenda. 8. APPROVAL OF RIGHT-OF-WAY SUMMARY ORDINANCE FOR PUBLICATION 9. LA-18-38 AMES AND MARY JUNDT, 1400 BRACKETTS POINT RESOLUTION NO.6875 10. LA18-39 CATHIE MEYER,493 PARK AVENUE,VARIANCES— RESOLUTION NO.6876 11. LA18-43 LDK HOMES, 1509 LONG LAKE BOULEVARD,VARIANCES— RESOLUTION NO.6877 Crosby moved,Dankey seconded,to approve the Consent Agenda as amended,with Item No. 17 being removed from the Regular City Council Agenda. VOTE: Ayes 4,Nays 0. Page 1 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. PUBLIC COMMENTS Carolyn O'Shaughnessy, 1265 Bracketts Point Road,stated she has a large issue in her yard again this year with geese and that in the past they have used Canadian Goose Management,which is a licensed company,to help safely remove the geese. The gentleman who runs it has been in business for 30 years. O'Shaughnessy stated when she went to do that this year,she learned that the DNR has changed the process and a permit is now required. O'Shaughnessy stated the City in which you live has to have a plan in place to do so and the DNR representative suggested that perhaps someone from the City of Orono could be assigned to work with her. Mayor Walsh recommended she contact Jeremy Barnhart. Loren Schoenzeit,4480 Forest Lake Landing,stated his street and Wildhurst Trail are on the list of streets for repairs this year and that the City has held a public hearing,information sessions,and open houses on the proposed improvements. Schoenzeit requested the comments that have been received and accepted from the public and red lined on the plans actually get put into the plans because if it is not on the plan,it will not be built that way. Schoenzeit commented as long as the City is going to spend all this money to fix the road,he would like to make sure it is fixed the way it should be. Schoenzeit stated in speaking with the contractor,he indicated some of the streets in the area will be receiving curb and gutter,which costs about$10 a foot. Schoenzeit stated he would like to have curb and gutter installed at his house and that he is willing to pay for it. Schoenzeit indicated he would like permission from the City to do that. Mayor Walsh suggested he speak with Adam Edwards because he is the one who is dealing with the contractor. Walsh noted curb and gutter is a policy decision and that the City typically does not put in curb and gutter in front of one house and not the other houses on the road. Schoenzeit noted they are putting it on the other streets,including Wildhurst Trail,which is next to his street. Edwards noted Wildhurst Trail is a complete reconstruction project and Forest Lake Landing is a mill and overlay with some storm work at the very end of the road. The curb and guttering on Wildhurst is part of the overarching redesign of Wildhurst and on Forest Lake Landing it is not. Edwards indicated they have redesigned the storm water on Wildhurst with additional catch basins to help capture the water,which should help alleviate some of the issues on Forest Arms Landing. Schoenzeit stated having lived there for more than 25 years,he can intimately describe the issues,but that they need to translate these good ideas and get those changes onto the plans so they can be done while the machines are there. Schoenzeit indicated he has experienced water up to his garage door at times and that with a few changes,the situation will be a lot better. Crosby suggested he also speak with the neighbors to see if they are willing to pay for the extra curb and gutter. Page 2 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 7. APPROVAL OF PROMOTION OF SERGEANT Seals moved,Dankey seconded,to approve the promoHon of Tim Sonnek to Sergeant with the Orono Police Department. VOTE: Ayes 4,Nays 0. Mayor Walsh adrninistered the oath of office to Timothy Sonnek. PRESENTATION 12. HENNEPIN COUNTY SHERIFF OFFICE ACTIVITY REPORT 2017 Samantha Kleinfelt and Sheriff Richard Stanek were present from the Hennepin County Sheriff's Office. Sheriff Richard Stanek addressed the Orono City Council regarding the activities of the Hennepin County Sheriffls Office and their collaborative efforts with the Orono Police Department. The Sheriff's Office partners with local law enforcement agencies,the forensics sciences division,and helps address the opioid crisis and violent crime in the area. The Hennepin County Sheriff's Office was incorporated in l 852 and there have been 27 different sheriffs since that time,with only three different sheriffs in the past 70 years. The Hennepin County Sheriff's Office covers 1.3 million residents,556.2 square miles, 104 named lakes and three rivers,280 miles of lakes and waterways,45 municipalities,361oca1 police deparhnents,and nine federal law enforcement partners. Stanek noted the sherif�'is the chief law enforcement officer in the County and that he works for the residents of the county in addition to working with mayors,city councils,and a number of state and local legislators. The Hennepin County Sheriff's Office has eight lines of business,including managing the jail,providing court security for eight courthouses,patrolling the area,working with the Drug Task Forces,crime investigations,dispatch,and working with the crime lab. Hennepin County has one of three accredited DNA crime labs in Minnesota,which is also internationally accredited. Stanek stated opioid deaths over the past five years have continued to rise. In 2016 there were 153 opioid deaths in Hennepin County, 175 in 2017,and 38 through March of this year. Stanek stated they are on par to average 175 deaths in 2018,if not more,which is a 55 percent increase over the past five years. To help address the opioid crisis,the Sheriff's Office has implemented a#NOverdose campaign,conduct Naloxone/NARCAN advocacy,and have implemented Drug Take-Back programs. Stanek noted patrol officers can now carry NARCAN. In addition to the aforementioned activities,the Hennepin County Sheriff's Office has a Violent Offender Task Force and Drug Task Forces,including the Southwest Hennepin and West Metro Drug Task Force. The Orono Police Department is a member of the WMDTF and several arrests were made in 2017 with the support of the Orono Police Department. Crosby asked if there are certain drugs that are the more pressing issue. Page 3 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 12. HENNEPIN COUNTY SHERIFF OFFICE ACTIVITY REPORT 2017—ConHnued Stanek indicated opioids are a huge concern,which includes Percocet and Vicodin. Stanek stated use of prescription pain medicines is also a problem because too often people get addicted and do not know how to get off of them. As a result,they usually end up turning to heroin,which is cheaper,more pure,and readily available. Stanek noted National Night Out is coming up in August and that representatives from the Hennepin County Sheriff's Office will be coming to Orono and providing drug disposal bags. Stanek stated the bags de-active the active ingredient in the drugs and make them biodegradable. Crosby asked what the cost of a bag is. Stanek indicated they run around$3 a bag. NARCAN is also available to residents without a prescription and runs around$40 a dose. Stanek noted the brochure that was distributed to the City Council talks about the various programs in a little more detail. Mayor Walsh commented Orono appreciates all of the services the Hennepin County Sheriffls Office provides and that Orono will continue to support the Sheriff's Office and local law enforcement. Stanek thanked the City Council for passing their resolution last year in support of law enforcement. PUBLIC WORKS/CITY ENGINEER REPORT 13. ANNUAL PUBLIC HEARING FOR MS4 STORM WATER PERMIT Edwards stated the purpose of tonight's public hearing is to meet one of the requirements of the City's Municipal Separate Storm Sewer System Permit(MS4)and provide an update on the City's storm water permit,educate the residents,and receive comments from the public. Edwards stated storm water management is complex,especially with the bureaucracy that goes along with it,and that what he will be talking about tonight is the Municipal Separate Storm Sewer System Permit. Overall storm water has local and global impacts,such as decline in aquatic biodiversity,habitat loss, increased flooding,aesthetics,human health,and a decline in the quality of drinking water. Basic requirements of the permit for the City are to have a storm water pollution prevention program which incorporates best management practices,submit annual reports, development of appropriate ordinances,and storm water system mapping. Edwards noted mapping is an ongoing effort as new issues arise,new infrastructure is laid,and infrastructure changes. Six control measures that are required under the permit are public education and outreach,public participation and involvement,illicit discharge detection and elimination,construction site storm water runoff control,post-construction storm water management,pollution prevention,and good housing for municipal operations. Typical pollutant sources include failing construction measures,excessive use of Page 4 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 13. ANNUAL PUBLIC HEARING FOR MS4 STORM WATER PERMIT—Continued chemicals during winter treahnent of pavement,and grass clippings. Prevention starts with individual decisions and actions. The City's 2017 compliance activities include the following: -An update to the surface water management section of the Community Management Plan -An updated surface water management plan -Articles in newsletters -Storm water information on website -Grass and leaf disposal program in the spring and fall -Erosion control inspections - Street sweeping -Culvert repairs -A watershed/pond survey 2018 implementation activities include renewal of the MS4 permit,completion of the storm water management plan,completion of the surface water portion of the Community Management Plan,conduct a watershed/pond survey,completion of the surface water management plan,storm water inspection of 20 percent of the City's storm water system,and Public Works maintenance operations. Edwards stated the next step in the process is to record any comments and to prepare a response to each comment. Staff submitted the annual report to MPCA last week. Mayor Walsh opened the public hearing at 7:38 p.m. There were no public comments regarding this item. Mayor Walsh closed the public hearing at 7:38 p.m. The City Council took no formal action on this item. PLANNING DEPARTMENT REPORT(BRUCE LEMKE,REPRESENTATIVE) 14. LA18-14 LAKE WEST DEVELOPMENT OB/O BARBARA LUPIENT,ET AL, 3508 IVY PLACE,FINAL PLAT AND EVELOPMENT AGREEMENT APPROVAL RESOLUTION NO.6878 Barnhart stated the applicants are requesting Final Plat approval for the combination of three lots into two. The final plat is consistent with the approved Preliminary Plat and all lots meet the requirements of the zoning ordinance in terms of lot width and size. The proposed use of the property,single-family residential,is consistent with the Comprehensive Plan. The conditions outlined in the resolution have been addressed either through permits with the MCWD or in the Development Agreement. Following approval of the Preliminary Plat,there was Council action to approve vacation of some easements,a conditional use permit for some fill,and some variances associated with a wetland. Those issues have been added to the Development Agreement. Page 5 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 14. LA18-14 LAKE WEST DEVELOPMENT OB/O BARBARA LUPIENT,ET AL, 3508 IVY PLACE,FINAL PLAT AND EVELOPMENT AGREEMENT APPROVAL RESOLUTION NO.6878—ConNnued Also included in the Development Agreement are provisions prohibiting parking on ivy Place,an inspection of Ivy Place prior to work commencing,and regulation of hauling hours related to the grading work as required by Resolution No. 6821. The Development Agreement does not address encroachments made by adjacent property owners onto the subject property. Staff recommends approval of the Final Plat and Development Agreement. Barnhart noted the City Council received a revised draft resolution prior to the meeting that contained references to Resolution 6789. Since those issues have been addressed,those references have been removed from the resolution and the revised resolution is before the City Council tonight. Curt Fretham,Lake West Development,stated he is available to answer any questions the Council may have regarding the development. Dankey noted during the summertime Casco Point is full of kids and that it would be dangerous with construction vehicles. Dankey noted the Preliminary Plat Resolution stated hauling during school hours. Dankey asked how many trucks there will be and what hours he is planning to haul. Fretham stated safety is a concern of theirs as well and that the original restriction was related to peak hours during school hours. In the summertime,kids are not in school and it would be difficult to work around that. Fretham stated one could argue that there will be a lot of truck traffic but at the same time it is not any different than any other home construction. Fretham noted they are not digging basements, which reduces the amount of truck traffic and that they will be bringing dirt in rather than hauling it out due to soil conections. Fretham stated they will also be taking some measures to limit traffic. Dankey commented every day she sees a near fatality because it is a two-lane road and vehicles are parked on the road. Dankey asked whether the residents could be notified of when the hauling will be occurring or whether the number of trips in and out could be condensed. Crosby asked if there is a certain time during the day during the summer that the trucks will be operating, like nothing past 4 p.m. and nothing earlier than 9 a.m. Fretham stated they did not go to that extreme in planning the development and that the best thing to do would be to get it done as quickly as possible. Fretham indicated he could provide notice if the Council has suggestions for how that can be accomplished but that he would like to do the work this summer. Crosby requested he also notify the truck drivers and caution them about the children in the area and to be mindful of their speed. Crosby noted Casco Point is narrow and Ivy Point is at the end of that narrow road. Fretham stated they will definitely speak with the drivers and that it is worth talking about. Page 6 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 14. LA18-14 LAKE WEST DEVELOPMENT OB/O BARBARA LUPIENT,ET AL, 3508 IVY PLACE,FINAL PLAT AND EVELOPMENT AGREEMENT APPROVAL RESOLUTION 6878—ConNnued David Johnson,Attorney-at-Law,stated he is representing Jay and Tara White and that he is asking for this item to be tabled until a couple of issues can be resolved. Johnson stated if the matter is not tabled, he does not believe the City is complying with City Resolution 6789,which was adopted on September 11,2017,and that it would not be complying with the Development Agreement that is under consideration tonight. Paragraph 2 of the Development Ageement states that the plat cannot be recorded until all conditions are complied with. Paragraph 24A of the Development Agreement states that implementation and adherence to the findings and conditions listed in Resolution 6789 are complied with. Paragraph 14H of the Resolution regards the sewer encroachment and natural gas encroachment that serves the Whites' property. The resolution states in Paragraph 14A that the applicants must grant an easement for the encroachment,which has not happened. Johnson indicated they have had some preliminary conversations,but they have not received an acceptable easement so far. In addition,there are also deck and driveway encroachxnents referred to in Paragraph I of the same resolution,but nothing has transpired between the Whites and the developer relating to these encroachments. Johnson noted the natural gas line goes beyond the 10-foot easement area into the plat and that the Whites have a concern that they will need to find another way to serve their property with these utilities. Johnson stated that is why the conditions were made in the preliminary resolution and that the Whites need some assurance that they can permanently rely on an easement for that. Johnson stated it is a reasonable request and that it was considered when the original resolution was passed. If the application is passed tonight unconditionally,it will not be complying with the earlier resolution. Johnson stated there is significant expense for the Whites in connection with these issues. Johnson noted Ivy Place ends at the Whites' property and that access to the new development is through an easement but that they do not believe there is an utility easement there that allows utilities to service this new development and cross the Whites' properiy. Johnson stated those are the issues that they would like to see resolved. City Attorney Schutt stated she and Soren Mattick have had several discussions with Mr.Johnson trying to clarify these issues and that it appears they are two ships passing in the night. Schutt stated City Staff and her office have reviewed the sewer and water issue,reviewed sketches of the property boundaries and surrounding rights-of-way,and reviewed where the storm and water connections and pipes are within those locations. It is Staff's opinion that the sewer and water lines for this development do not cross the Whites' property except for in places where easements already exist. With respect to the deck and driveway and gas line,Staff did receive as requested a survey of the property showing the locations of any encroachments. It appears from the plans that the deck runs along the property line but does not cross over the property line. Schutt stated that is a private property owner dispute,but City Staff requested the survey so they would know where all the proposed and existing encroachments are. Schutt stated the City would not get involved in a private property dispute of this nature and that the application should not be delayed because of that. Page 7 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 14. LA18-14 LAKE WEST DEVELOPMENT OB/O BARBARA LUPIENT,ET AL, 3508 IVY PLACE,FINAL PLAT AND EVELOPMENT AGREEMENT APPROVAL RESOLUTION 6878—Continued Walsh stated if there is a private property dispute,the property owners will need to resolve that. Schutt stated it is Staff's position that all those conditions referenced by Mr.Johnson in Resolution No. 6789 have been met,which is the reason why those conditions have been removed from the resolution to alleviate any confusion. Johnson stated the Whites are not asking for the City to get involved with the dispute on the encroachments and the driveway but that they relied on the resolution that the easement needs to be completed before the final plat is approved. Johnson stated removing that language does not help them in bringing any sort of legal action to enjoin the plat and that they relied on the resolution and the first Development Agreement that said these are conditions of the Preliminary Plat. Johnson stated they are looking for an easement and that they understand that is a private issue but the proposals for the easement are not acceptable. If there is a removal of the gas or sewer lines,that would be entirely at the expense of the Whites,which would be expensive,and that they are asking that the City follow its original resolution and Development Agreement. Walsh stated what he is hearing is that it is Staff's and legal counsel's opinion that it has been met and that the property owner can always dispute that in court. Walsh stated with that understanding,the City Council can approve the plat as presented. Crosby asked if the City Attorney is comfortable with that position. Schutt indicated she is. Crosby asked what the Whites are looking to gain. Dankey stated they do not want to move their utilities. Walsh stated the easement was something that was done in the 1960s and that there might not be full language in the easement but that there is an easement there. Walsh stated the Whites feel they cannot do this development without a new easement and the developer feels he can bring the utilities in a different way,which could leave the Whites without any utilities. Walsh stated in his view it is more of a trump card that is being used,but that is not the City Council's job to try to figure out what they are trying to get out of it. The City's job is to continue to move the application along unless some blaring legal issue is brought up. Crosby moved,Dankey seconded,to adopt RESOLUTION NO.6878,a Resolution Approving the Plat of Ivy Place,File No.LA18-000014,and to approve and authorize the Mayor to execute the Development Agreement. VOTE: Ayes 4,Nays 0. Page 8 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 15. LA18-40 MATTHEW AND ANGELA HOPPING,95 SMITH AVENUE,CONDITIONAL USE PERMIT AND SECOND DRIVEWAY Curtis stated the applicants are planning to construct a new residence on the property. The grading plan involves the import of approximately 250 cubic yards of material with a total site disturbance of approximately 815 cubic yards. Grading and filling activities in excess of 500 cubic yards require a conditional use permit. The new home is designing to have an upper,main garage facing Smith as well as a lower garage to accommodate their desired number of vehicles on site. They are also requesting approval of a second driveway access onto Smith Avenue to access the lower garage. The Planning Commission held a public hearing,during which time there were neighbors present expressing concerns about the potential for the construction project to adversely impact their narrow street. Following the public and discussion,the Planning Commission voted 7-0 on a motion to approve the requested conditional use pe�nit. The Planning Commission did not discuss or make a recommendation on the second driveway access request. After the public hearing, Staff discussed the neighborhood concerns with the applicants and asked them to consider proactive solutions,including parking restrictions and/or off-street parking during the duration of the project. The applicants have requested the City post the street"no parking"on one side of Smith Avenue in order to maintain an open roadway during the construction. Staff recommends approval of the conditional use permit. The Council tonight should direct Staff to draft a resolution regarding the conditional use permit and the second driveway request. Walsh noted the City does not receive a lot of second driveway requests and that it is not a given it will be approved. Curtis stated the grading plan does reflect the second driveway. Curtis indicated she and the City Engineer met with the property owner and discussed their grading plan and their request for the second driveway. Curtis stated she believes the second garage location is important to the property owners. In an attempt to maintain their location within the setbacks on the lot,the applicants' engineer did try to provide a grading plan to utilize one curb cut and get around the house but that he was not able to design anything that is more feasible. Rief noted the elevation drops ten feet in that area. Curtis stated the area is low and that they plan to hold up the fill to access the second driveway with a wall. Walsh asked how many residences are on the road. Curtis stated approximately five. Walsh stated the road is definitely a concern as far as access in and out and that he would like to hear how they can make it as safe as possible. Page 9 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 15. LA18-40 MATTHEW AND ANGELA HOPPING,95 SMITH AVENUE,CONDITIONAL USE PERMIT AND SECOND DRIVEWAY—ConHnued Angela Hopping,Applicant,stated the two driveways are important because they both have work vehicles that they would like to keep indoors. Hopping indicated her father recently passed away and her mother will be coming to live with them,resulting in an extra vehicle. Hopping stated they would like to store the vehicles indoors. In regards to parking during construction,the area is already low and the road elevation goes up. Hopping stated if parking is limited to one side of the road and also towards the northwestern side of the lot,a number of the construction vehicles would be able to park on the lot. Curtis displayed a picture of the area. Hopping indicated they will try to get as many vehicles on their lot as possible and also utilize the existing driveway as much as possible. The existing house will be removed and the new house will be built directly behind it. The existing garage floor and driveway area will be available for any materials being delivered and a little bit of parking. Crosby asked if there will be four parking spaces total in the garages. Hopping indicated there will four parking spaces as well as some extra space. Hopping stated the goal is to keep it hidden as much as possible. The third garage door,the man door,and the smaller garage door are going away. Dankey asked what the precedent is for the second driveway. Curtis noted there are a number of second driveways on private roads and that because this one is on a public street,it was brought before the City Council. Hopping indicated two houses to the east of them on Smith Avenue have two curb cuts and the very farthest one has two curb cuts. In addition,the residence on Lyman on the north side has two curb cuts. Hopping commented it is kind of a common occurrence in this neighborhood. TJ Bonnett,40 and 45 Smith Avenue,stated they have had some issues with a previous project on the street. Bonnett stated he knows the issue is not about 60 Smith Avenue tonight,but that Jeremy Barnhart seems to be conflicted because when he has talked to him about parking,he was told that parking is a police issue,but earlier this evening when discussing Ivy Place the developer was told that all construction vehicles will be restricted to that property alone. Bonnett stated he was not even told about that option. Bonnett indicated he measured the street and it is 18 feet wide. If there is a pickup truck parked on the side of the road and it sticks out six feet,a fire truck would not be able to get through if someone is parked on the other side of the street,which will happen. Bonnett stated their concern is the safety of their kids and that they do not feel they should be inconvenienced by grumpy contractors who have the attitude that they should not have to move their trucks. Bonnet noted vehicles with trailers parked directly behind his driveway and the police said they do not want to tow vehicles. Bonnett state at 60 Smith they Page 10 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 15. LA18-40 MATTHEW AND ANGELA HOPPING,95 SMITH AVENUE,CONDITIONAL USE PERMIT AND SECOND DRIVEWAY—ConNnued took a mile of rope during their project and did whatever they want. Bonnett questioned whether it is a City issue or a police issue on the parking,but that it is definitely an issue for him because he lives at the end of the street. Bonnett stated the other issue he experienced was his driveway at 45 Smith was ruined by a concrete driver turning around in their driveway. Bonnett indicated he had to sue the developer and resident in order for action to take place and that the judge asked why the City is not doing anything. The judge's recommendation was to sit down and talk to the City,which he did. Bonnett noted Wayzata's streets are clean at the end of the day and that the roads are maneuverable. Bonnett commented there will be a lot of angry residents if something is not done. Bonnett stated as it relates to the curb cut issue,he does not believe 45 Smith needs two curb cuts and that there should not be two curb cuts on a tiny lot. Bonnett stated if the applicants want multiple vehicles on a site,they might need to buy a bigger lot. Walsh asked if a better solution for the neighborhood would be to keep all construction vehicles on site. Bonnett stated if that was the case,the City would not hear from him again and that in his view there is a workable solution. Bonnett stated he wants people to be able to build a new house and that he welcomes them into the neighborhood but that they were burned on the other project. Bonnett indicated he bothered Jeremy to help get the road cleaned up so he could get home at night but he did not want to deal with it. At the end of it,the police told the construction workers to park on the lot for the rest of the project. Bonnett stated he would only call when he was unable to get home. Walsh noted the City Council had similar discussions on Fox Street and that on ivy Place the contractor was required to keep all construction vehicles on site. Walsh asked how big the lot is. Hopping indicated it is three-quarters of an acre. Crosby asked if it would be more workable to confine the parking to one side. Bonnett stated they attempted that with 60 Smith project and it did not work. Rief stated they are dealing with this in Casco Point and that they hired someone specifically to handle parking on the weekends. Rief stated the City is doing some active enforcement and that they have been given a rundown of problems areas. Rief indicated the City can do the same here and that they are actively seeking solutions because the City is aware the roads are narrow and that there have been problems in the past. Crosby stated in his view,if the City's laws are enforced,the issues will stop. Dankey noted some of the larger vehicles cannot park on the driveway. Page 11 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 15. LA18-40 MATTHEW AND ANGELA HOPPING,95 SMITH AVENUE,CONDITIONAL USE PERMIT AND SECOND DRIVEWAY—Continued Crosby stated the property owners seem to be cognizant of the issue and have indicated they can accommodate as many of the vehicles as possible. Bonnett stated if you type in 6 Smith on Google,it leads them to their street and they get 45 vehicles that go down to the end of the road and there is no place to turn around,so they do it at 45 Smith. Bonnett stated he has young children and that it is a concern. Walsh stated the City needs to set boundaries and make sure they are being complied with. Ryan Blackwell,80 Smith Avenue, stated his biggest concern is the parking,and aside from the conversation where everyone has agreed that something has to be done,another issue is cars turning around. Blackwell stated he would like to know who is going to post the signs and how will it be enforced. As of now,everyone's lawn service turns around in TJ's driveway or his and that he had to replace his lawn this spring. Blackwell stated it is great everyone has agreed there is a parking and traffic issue but that his question is how it is going to be enforced. Rief noted the City issues special event permits periodically and they can issue no parking for a certain area. Rief stated the City can do something through the police department. Blackwell noted they have had many conversations about it,but when the project happened,there were no solutions. Walsh stated the City has more tools now and that they are more cognitive of it. From a turnaround perspective,Walsh stated TJ Bonnett had a great idea about putting in a cul-de-sac at the end of the road, which is probably a more long-term solution. Walsh stated he is not sure if there are any short-term solutions. Blackwell requested the applicants relay to the contractors that the residents' driveways are not to be used to turn around. Blackwell stated he also has young children and he will not negotiate on that. Matthew Hopping,Applicant,stated their lower driveway can have Class 5 added to it and people told to only back up and turn around in that driveway. Walsh stated the City cannot stop bad behavior,but they can try to preempt it as much as possible. Matthew Hopping reiterated he would be willing to add Class 5 to the driveway and make a temporary lane for cars to back in as well as let the contractors know that absolutely no one is to turn around in someone's driveway. Hopping stated he understands that big trucks can ruin someone's driveway and that he is willing to post signs if they have to and also have their excavator clear off an area where vehicles can park. Hopping stated they will do whatever they can to ensure there are no issues with traffic. Hopping stated they were also told the road had to be cleaned up every night,and if any trailers are left overnight,they will be on that driveway. Hopping stated they will try to make the project go as quickly and as smoothly as possible. Page 12 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 15. LA18-40 MATTHEW AND ANGELA HOPPING,95 SMITH AVENUE,CONDITIONAL USE PERMIT AND SECOND DRIVEWAY—Continued Dankey suggested he provide the neighbors with his phone number so they can call him in the event there are problems. Crosby stated the City will also make sure the parking laws are enforced. Blackwell stated it appears from the street to the front of the house that there is about a 3-foot drop in elevation. Blackwell asked if that is staying intact. Matthew Hopping indicated the fill is going where the existing home is and there will be a retaining wall from the edge of the driveway. Angela Hopping stated the main fill will be filling in the existing garage to bring the garage up so they can drive into the main part of the house. Hopping indicated it will be more of smooth transition to the road. Blackwell stated he understands the structure is being moved back and asked whether the berm will be raised. Curtis stated the top of the foundation is 989'. The existing elevation is 982' and 989' will be the top elevation of the garage floor. Hopping stated a lot of the grading has to do with runoff. Blackwell stated at 60 Smith there was not to be any grading,which was not the case,and that he now has 3-foot berm because they altered the grade. Blackwell stated he has a concern if the grade of the berm goes up. Angela Hopping noted the berm is being reduced. TJ Bonnett asked if the vegetation will be removed. Angela Hopping indicated the area will be landscaped. Walsh asked if the City has an at grade elevation. Curtis indicated they measure from existing. Walsh stated they cannot change the existing elevation. TJ Bonnett asked how high the existing structure is compared to the new home. Curtis indicated she does not know how high the existing structure is. Hopping stated they did not have to take elevations of the existing home. Page 13 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 15. LA18-40 MATTHEW AND ANGELA HOPPING,95 SMITH AVENUE,CONDITIONAL USE PERMIT AND SECOND DRIVEWAY—Continued Curtis indicated the legal height of the new home is being measured from the existing grade. The elevation out in the street is 985',it will be 989' at the top of the driveway,and the first floor elevation is 991'. Walsh stated the applicants are allowed to go up to 30 feet with the new structure. Blackwell stated his concern was in terms of raising the overall grade and that he does not want to see that happen. Blackwell commented it sounds like that is not the case here and that the dirt being brought in is to fill in the area where the existing house is. Angela Hopping noted they are not able to build in the exact same location as the existing house due to the setbacks. Hopping stated simply because they have work vehicles,that does not mean that they are running a business out of their home. Hopping indicated they work for a construction company and she drives a small pickup and her husband drives a van. Hopping reiterated they are not running a business out of their home and that they work out of Little Canada. Hopping indicated they have already contacted their demolition guy to sweep the streets every day and that they are all on the same page about what needs to be done. Hopping stated she will definitely talk to all of the contractors and advise them about not going down to the end of Smith and staying off the neighbor's yard. Hopping noted their lot,as compared to 60 Smith,looks over twice as long and that they have a lot more area for parking vehicles. Hopping stated they are not the people that built on 60 Smith and that they are totally cognizant of making everyone happy. Hopping stated they picked the neighborhood because it is quiet and that building a home is a temporary issue and they will try to make it as easy as possible for the neighbors. TJ Bonnett commented one of the concern is having six vehicles on the property. Angela Hopping stated they are not running a business out of their house and that they have company owned vehicles as well as their own personal vehicles. Walsh stated the parking can be ferreted out but that the biggest hang-up he has is having six garage doors. Walsh stated the City is not used to having two driveway cuts and that this is a small lot. Walsh noted there were a lot of homes built in the 1950s and 1960s where they have horseshoe driveways. Seals asked what the Planning Commission recommended about the second driveway access. Crosby stated they did not address that issue. Curtis noted it is not in the zoning code and would not be an item for the Planning Commission. Page 14 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 15. LA18-40 MATTHEW AND ANGELA HOPPING,95 SMITH AVENUE,CONDITIONAL USE PERMIT AND SECOND DRIVEWAY—Continued Crosby stated he does not have a problem with the second driveway since there is not a hardcover issue and that they are helping out the mother. Crosby commented they are probably trying to plan for the future,and since there is not a hardcover issue and the garage is partially hidden by the house,he does not have a problem with it. Dankey commented she is a little torn on this application because the City does not want everyone to have two driveway accesses. Dankey stated there appears to be some runoff from the corner of the property, and the more you build up the wall for a second driveway,the more likely you are to create erosion onto the road. Seals stated she is not a fan of a second driveway. Crosby stated it is not whether the Council personally likes it or not but whether it fits within the neighborhood and the criteria. Crosby noted Staff is okay with the proposal. Walsh asked whether Staffhas even made a recommendation on it. Curtis stated the City Engineer identified it as an issue that the Council should weigh in on. Seals stated no one with Staff is saying yes or no and that they have refened it to the City Council for a decision. Walsh noted there was a property owner on Fox Hill that wanted entrances on both sides and he did not think that was appropriate,but he was outvoted on that. Rief stated this could be considered a practical difficulty given the terrain. Walsh commented a practical difficulty can also be created by the way it is designed and that one side of the lot is more sloping. Rief asked whether the Council needs more information in order to make a decision. Walsh stated it is more a matter of the Council making a decision on whether the two curb cuts fit into the neighborhood. Crosby asked what the hardcover percentage is with a second driveway. Curtis indicated they are exempt. Dankey asked why they are exempt. Curtis indicated it is because they are not in a hardcover zone in the shoreland. Walsh stated the City can enforce the parking but that he is not in favor of the second driveway. Walsh stated he would like the applicants to redesign and have one driveway. Page 15 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 15. LA18-40 MATTHEW AND ANGELA HOPPING,95 SMITH AVENUE,CONDITIONAL USE PERMIT AND SECOND DRIVEWAY—Continued Seals commented she feels the same way. Dankey stated she is torn because the applicants are trying to be respectful and have a place to put their vehicles indoors. Seals noted they are not saying they cannot have the two garages but rather they cannot have two access points. Crosby asked why Staff did not make a recommendation on the second driveway. Curtis stated there are standards in the code for a second driveway access on residential properties,and it states one driveway approach shall be allowed from up to two single-residential parcels and to the same road provided appropriate easements are in place. Parcels having frontage on more than one public road shall be allowed a driveway approach to a public road. Curtis stated the code does not specifically say you can or cannot have two driveways. Dankey commented if this was a large lot,she would probably feel different about it. Seals moved,Crosby seconded,Application No.LA18-40,Matthew and Angela Hopping,95 Smith Avenue,to direct Staff to draft an approval resoluNon for the conditional use permit,subject to parking being restricted on one side of the street,with construction vehicles being kept on the property as much as possible,and with notice being given to all the contractors regarding the parking and turnaround; and to deny the second driveway access. Schutt asked whether those would be additional conditions to the conditional use permit. Walsh indicated they would be. VOTE: Ayes 4,Nays 0. 16. LA18-41 CITY OF ORONO TEXT AMENDMENT: GATE OPACITY— ORDINANCE NO.209 THIRD SERIES Curtis stated this application is regarding a change to the regulations for driveway entrance gates. Gates at driveways are permitted but must meet certain standards,including a 5-foot setback from all property lines when associated with entrance monuments. Gates and entrance monuments are permitted up to eight feet in height. Fences are allowed up to 42 inches in height adjacent to the street except in yards abutting a county highway on a lakeshore lot,where the maximum height is six feet. Fences may be privacy in nature or 100 percent opaque. In addition,there is a proposed formatting modification regarding gates in locations where entrance monuments do not exist. In these instances,gates would not be permitted to extend higher than the permitted fence. Page 16 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 16. LA18-41 CITY OF ORONO TEXT AMENDMENT: GATE OPACITY— ORDINANCE NO.209,THIRD SERIES—Continued At their May meeting,the Planning Commission held a public hearing and discussed the draft ordinance which contemplated removing the requirement for transparency. Following the public hearing,the Planning Commission voted 6 to 1 on a motion to modify the proposed ordinance amendment to permit gates to have up to 75 percent opacity. The dissenting Commissioner felt that there should not be a requirement for transparency. Comments from a resident were received during the public hearing and those related a request to have no opacity requirement. The City Council should adopt or amend the approval resolution. Walsh stated the City Council can either require 25 percent transparency or eliminate that. Walsh stated in his view the City should not be telling people how to design their gates if the purpose of the gate is for privacy. Seals noted fences can be complete opaque. Dankey stated the gates are also far enough back that a vehicle can pull out and still see the street before entering it. Walsh stated the gates are also required to turn inward. Crosby commented he sees it in Tonka Bay and it has a boxy and closed off feel. Crosby stated he would favor some level of transparency. Walsh stated it comes down to aestherics and your rose colored glasses versus someone else's rose colored glasses. Seals stated someone can have a fence that is completely opaque but yet the City requires the gate to be transparent. Seals questioned whether they are creating a solution for a problem that does not exist. Seals commented she understands where they are coming from but that it does not seem like something Orono needs. Dankey moved,Seals seconded,to approve OpNon A and to adopt ORDINANCE NO.,Third Series,an Ordinance Amending the Code of Ordinances Pertaining to Gates. VOTE: Ayes 4, Nays 0. 17. LAl-42 CITY OF ORONO TEXT AMENDMENT: NOTIFICATION DISTANCE FOR PUBLIC HEARINGS—ORDINANCE This item was removed from the Agenda. Page 17 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 18. LA18-44 CITY OF ORONO COMPREHENSIVE PLAN 2040 AMENDMENT Barnhart stated he is requesting the City Council pass a resolution this evening authorizing him to submit the draft 2040 Comprehensive Plan Update to the Metropolitan Council for their review. Formal approval of the amendment will be requested in November/December following the public comment period that ends at the end of October. Walsh stated the important thing to note is that they are merely authorizing submittal of the plan to the Metropolitan Council and that there will be more opportunities for public comment. Crosby moved,Dankey seconded,to adopt RESOLUTION NO.6879,a Resolution Authorizing the Submittal of the Preliminary Draft of the 2040 Comprehensive Plan. VOTE: Ayes 4,Nays 0. MAYOR/COUNCIL REPORT Dankey stated she does not have anything to report tonight. Crosby congratulated all the recent graduates,especially from Orono High School. Crosby stated he would also like to say a special thank-you to David Benson,the Orono principal,for his great leadership through the years. Crosby commented he would like Staff to start thinking about having an Orono Day the first day of school this fall where the City can recognize him. Crosby stated he also would like to thank the wonderful people in Spring Park for helping the Long Lake Fire Department get their dock in. Crosby noted the City Council and the Fire Department are committed to the safety of the citizens and that he is very proud to support the Fire and Police Departments. Seals reported she and the committee visited Big Island today and made some improvements. Home Depot donated a number of materials and supplies and that there were lots of volunteers helping out with painting and the other improvements. Walsh thanked Flagship Marine who donated the use of their barge to haul the materials out to Big Island today. CITY ADMINISTRATOR'S REPORT Rief stated last week the Police Department invited him and other members of Staff to participate against the Orono track team in the trap shoot event. Rief stated even though they lose,they had a lot of fun and it was a great event. Rief reported during this evening's storm Fire Engine 12 was wrecked as a result of a tree falling in front of it. No one was injured. Rief stated he did receive a document relating to Attorney-Client privilege regarding the City's response to the Long Lake Fire Department. Page 18 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. CITY ATTORNEY'S REPORT City Attorney Schutt stated she had nothing to report. Walsh moved Crosby seconded,to add Item No. 19 to the Agenda. VOTE: Ayes 4,Nays 0. 19. LONG LAKE FIRE DEPARTMENT Walsh noted the Orono City Council did not approve the purchase of the fire truck but the Long Lake Fire Department went ahead and purchased it. Walsh stated the Fire Deparhnent has had a number of issues that have come to light since then regarding gas cards being declined,having to pay cash only at the parts store,and approving other purchases they do not have authority to do. Walsh stated Orono needs to begin negotiations with the Fire Department to get the new contract taken care of. Walsh stated his biggest issue is the integrity of the current contract and what the responsibilities of the parties are that are not being followed as well as the new issues that have recently come to light. Walsh stated the letter from the City Attorney would be a letter to get the conversation started essentially and that the City Council should take a moment to review a copy of the letter. Crosby stated he would like added to the letter language about reaching out to the Long Lake City Council and Mayor to have a discussion at the joint work session. Crosby stated he wants the discussion to be about public service and what is best for both communities. Crosby noted the Orono City Council did place a caveat on their motion when they voted for the purchase of the fire engine and that caveat was not fulfilled. Crosby stated it was also the Council's understanding that this purchase was coming down the pike. Crosby commented he would rather sit down and try to iron out these details,hopefully come to a peaceful conclusion,and then take care of Orono's obligations to pay for part of the fire engine. Rief noted the joint work session is tentatively scheduled for next week on June 20. Seals stated she was disappointed that it got to this point. Seals stated she remembers when the City Council talked about the fire truck last summer and that she thought it was pretty clear where they said they approve of the purchase but that it was always contingent on the contract. Seals stated she does not understand how they go almost a year and then the Fire Department went ahead and bought it without telling the City of Orono. Seals commented that does not feel like a partnership. Seals indicated she did watch the Long Lake City Council meeting to try to understand t�e situation better but that it feels like the two cities are not talking to each other. Seals commented they are not on the same page right now and that they need to sit down and talk about things. Seals noted they serve the Orono citizens,Orono spending a lot of money on fire protection. Sea1s stated to not have a lot of oversight and then to hear that your voice is pretty much ignored is an issue,especially when the Council is hearing things like the Super America gas card not working for them. Seals questioned how they would be able to get to a fire if they have no gas in their vehicle. Seals stated if the Fire Department is spending that much money, she has some questions about where it is going. Page 19 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 11,2018 7:00 o'clock p.m. 19. LONG LAKE FIRE DEPARTMENT—Continued Seals commented she hopes the Long Lake City Council understands that the Orono City Council answers to their constituents just like they do. Seals stated it is hard to say that Orono gives the Fire Department this big check but yet they do not know what is going on. Seals stated she does not think Orono should just write a check but that they need to talk to get answers to a number of questions,which is the next logical step. Crosby stated having a conversation is what is best for all the constituents and saying that Orono has to write a check before they will meet is not a partnership and is not doing what is best for both communities. Dankey indicated she is in agreement with the rest of the Council and that they should have that conversation as soon as possible. Crosby moved,Seals seconded,to send the letter out with the changes that were discussed this evening and with the request that the joint work session still take place on June 20. VOTE: Ayes 4, Nays 0. ADJOURNMENT Crosby moved,Dankey seconded,to adjourn the Orono City Council meeting at 9:13 p.m. VOTE: Ayes 4,Nays 0. ATTEST Anna Carlson,City Clerk Dennis Walsh,Mayor Page 20 of 20