Loading...
HomeMy WebLinkAbout09-10-2018 Council Minutes MINUTES OF THE ORONO CITY COUNCILMEETING Monday,September 10,2018 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 City Administrator Dustin Rief,Finance Director Ron Olson,Community Development Director Jeremy Barnhart,Public Works Director/City Engineer Adam Edwards,City Attorney Soren Mattick,and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m.,followed by the Pledge of Allegiance. RECOGNITION OF OFFICER MATTHEWS Crosby encouraged the residents to remember Officer Matthews,who died in the line of duty on September 8,2017,and to keep supporting his family. Crosby noted the anniversary of 9/11 is tomorrow and that he would encourage everyone to recognize the great efforts of the police,fire,and first responders. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF AUGUST 27,2018 2. CITY COUNCIL WORK SESSION MINUTES OF AUGUST 27,2018 3. CLAIMSBILLS 4. APPROVAL OF ONE DAY TEMPORARY LIQUOR LICENSE FOR ON-SALE LIQUOR,8 TO A LAMP CHARITY BENEFIT—OTTEN BROTHERS NURSERY 5. APPROVAL TO REMOVE LMCD ORONO REPRESENTATIVE This item was removed from the Consent Agenda. 6. REQUEST TO HIRE PART-TIME POLICE OFFICER—RESOLUTION NO.6896 7. APPROVAL TO DISPOSE O$BICYCLES 8. APPROVAL TO DISPOSE O�'FORFEITED VEHICLE 9. SANITARY SEWER PUMP R�EPLACEMENTS 10. LA18-000067 KEVAN NITZB�RG, 1212 BRIAR STREET,VARIANCES— RESOLUTION NO.6897 Seals moved,Crosby seconded,to app#�ove the Consent Agenda as revised,with the deletion of Item No.5. VOTE: Ayes 5,Nays 0. Page 1 of 9 MINUTES OF THE ORONO CITY COUNCILMEETING Monday,September 10,2018 7:00 o'clock p.m. PUBLIC COMMENTS None 5. APPROVAL TO REMOVE LMCD ORONO REPRESENTATIVE Seals stated if anyone has attended or watched a City Council meeting in the past year,they know the Council is frustrated with how the LMCD is functioning and that the organization,along with Orono's representation on that board,is ineffective and is not giving the residents of Orono what they deserve. As a consequence, Seals stated in her view Orono's representative should be removed from the LMCD Board and that she would recommend not appointing anyone else. Walsh noted also part of the issue was the lack of communication from Orono's LMCD representative even though a number of the Council members have attempted to contact him. Walsh stated the LMCD representative acts on behalf of the City Council and the residents and that it is important to have communication with him. Seals moved,Printup seconded,to approve the removal of the current LMCD Orono representative and to not appoint a new representative. VOTE: Ayes 5,Nays 0. PUBLIC HEARING 11. ORONO OAKS PRIVATE ROAD MAINTENANCE Edwards stated the purpose of this item is to address concerns raised by a resident regarding the lack of maintenance and safety issues associated with Orono Oaks Drive. Orono Oaks Drive is a private road and is privately maintained by the local homeowners' association. As with most private roads in the City, there is an underlying easement that sits underneath the road that allows the City to step in when it deems there is a safety issue that needs to be addressed, In the case of Orono Oaks Drive,several issues were brought to Staff's attention,include potholing, vegetation encroachment,and the main issue relating to safety posed by a partially excavated culvert in the roadway. The culvert in its present condition poses an issue for not only transportation of routine vehicles using the right-of-way but also for emergency response vehicles. In addition, Staff recently received a phone call from the Orono School District Transportation Office saying that school buses were unable to make it down the road. The City has several options that it can take in addressing the situation,and are as follows: 1. The City could make emergency repairs to replace the culvert and patch the street above it. 2. The City could replace the pavement/repair the culvert and manage the vegetation in the Right-of-way. 3. If petitioned by the residents,the City could make the road a public road. In doing so,the road would be brought up to current City standards with all necessary repairs being made. While initial expenses would likely be borne by the residents of Orono Oaks,the long-term maintenance,including winter maintenance,would then be borne by the City. Page 2 of 9 MINUTES OF THE ORONO CITY COUNCILMEETING Monday,September 10,2018 7:00 o'clock p.m. 11. ORONO OAKS PRIVATE ROAD MAINTENANCE—Continued The process,as outlined in the homeown�rs' association's covenants,allows the City to hold a public hearing to discuss the issue and to define the procedures to get the deficiency corrected. If the deficiency is not corrected by the HOA within 30 days,the City can correct the deficiencies and bill the HOA. If the HOA does not pay the bill,the City may assess the residents. Staff recommends the HOA and Council agree upon a procedure to repair the culvert and hole in the pavement as soon as possible. Walsh stated Option A is pretty clear. Walsh asked what managing the vegetation in the right-of-way would entail. Edwards stated the main issue is the partially excavated roadway where the culvert is,which is addressed in Option A. The other issues raised are mot necessarily a safety concern but a maintenance issue. There is vegetation that is in the right-of-way a�d encroaching upon the paved traveled portion of the roadway. Approximately one-third of the way dow�n the roadway there is potholing and there appears there were temporary repairs taken by someone as there was Class 5 gravel placed in several of the potholes. Mayor Walsh opened the public hearing at 7:12 p.m. Ronald Esau, 1230 Orono Oaks Drive,s�ated he is here tonight representing the homeowners' association. Esau indicated they have contracted with a contractor to complete the project and the contractor guarantees the culvert work will be accomplished by October I5. Esau noted the homeowners' association�originated in 1978 when the development went in and included 13 lots but is now down to 12 following khe Highway 12 project. Most of the newer homeowners were not aware of the existence of the homeo�ivners' association since it has been dormant since 2003,but recently some of the residents began to ehcamine ways to move forward and were able to locate documents relating to the HOA. Esau stated they tiven went back to the State of Minnesota and got the corporation reinstated in 2017 as well as elected a new board in November of 2017. Esau stated the HOA's declaration and bylaws are kind of archaic,are pretty cumbersome,and really protect individual interests. The process as defined by the declaration and bylaws is that the residents have to have an assessment during November of each year,and then if there is an assessment later on,it is considered a special assessment. A special assessment requires a unanimous vote by all lot owners,which therein lies the difficulty. Esau stated the project initially got started without funding and had to be stopped because the funds were not available. Since that time the residents have organized themselves in such a fashion so that they are holding board meetings on a regular basis. Esau stated they have not been able to get 100 percent agreement on the special assess ent but that eight of the nine lot owners have contributed funds voluntarily to get the project done. In a dition to the culvert repair,the HOA is seeking bids on the pothole repair,which will be followed b the vegetation issue being addressed hopefully this winter. Esau commented it has been a long,tou� process to regenerate the homeowners' association and that one of their goals is to update the bylaw�Cunently everything must be done by mail,which also needs to be modernized. ; � � Page 3 of 9 MINUTES OF THE ORONO CITY COUNCILMEETING Monday,September 10,2018 7:00 o'clock p.m. 11. ORONO OAKS PRIVATE ROAD MAINTENANCE—Continued Walsh commented he appreciates the homeowners' association addressing the issues. Walsh asked whether they need board approval for the assessment in November or whether they need everyone's approval. Esau stated currently there are two board members and the process will be to hold an election in November to elect a third board member. The HOA board alone can make the assessment in November for the year and that they are contemplating creating a contingency fund to address emergencies. Esau noted this year the water level was high in the area that the culvert serves and action had to be taken to relieve the amount of water being held by the broken down culvert. Esau stated they did not have the funding in place and had to get the funding mechanism in place before the work could be completed. Walsh asked how the homeowners' association would go about collecting the assessment if half of the residents do not pay it since they are not an assessing agency. Esau stated from what he understands,the bylaws and declarations say if the person assessed does not pay,they will no longer have a vote on any issues. In addition,the homeowners' association can,in fact, put a lien on the property. Esau stated he was completely unaware that there was any association when he took title to his property 12 years ago,and that it has been a cause of concern to some of the other residents because they were also unaware that the homeowners association exists. Walsh stated part of the hearing is to come to a resolution to the problem and that it sounds like the City does not have to take any action at this time with the expectation that the work will be completed in the next 30 to 45 days. Esau noted the commitment he has from the contractor is October 15 and that eight of the nine residents have voluntarily given funds to be used towards the project. Seals stated if the City intervenes,the City can ensure that every resident pays the same amount. Esau stated he is confident the number that will be included in the budget in November will be equal to the bill for the culvert project and it will be assessed to everyone. Esau stated what they have done is given everybody a credit against future assessments for the amount they voluntarily contributed. Rief requested the City Council provide a deadline for when the work should be completed by. Crosby suggested the City follow up on November 1 to see where they are at. Rief asked if an inspection is required by the City. Edwards stated the City does not need to inspect it but that the Watershed District may need to be involved. Walsh requested an update be given to the Council by the Public Works Department on October 8`�'. Walsh closed the public hearing at 7:23 p.m. The City Council took no formal action on this item. Page 4 of 9 MINUTES OF THE ORONO CITY COUNCILMEETING Monday,September 10,2018 7:00 o'clock p.m. 12. LA18-000069—GORDON JAMES CONSTRUCTION ON BEHALF OF JASON PITTS, 225 OLD CRYSTAL BAY ROAD SOUTH,CONDITIONAL USE PERMIT(GRADING) PUBLIC HEARING—RESOLUTION NO.6898 Mayor Walsh noted a motion is required with a unanimous vote to bypass the public hearing at the Planning Commission. This issue came up before the City Council because approximately$30,000 of free dirt is available to the contractor and there is not a lot of time to solve the problem. Curtis stated this is an application for a conditional use permit to allow the import of material in excess of 500 cubic years in conjunction with the construction of a new home. The net import of fill will be 2,114 cubic yards,which exceeds what is customary for a new building. The resulting grades do not seem to be excessive or out of character for the neighborhood. During discussions with the builder, Staff became aware of the quantities and the need for the conditional use permit. The property is just under two acres. The Planning Commission has not reviewed this application. The need for the conditional use permit was not realized until the builder requested a building permit. Due to timing of the discovery of the grading conditional use permit and the minimal impact to the surrounding neighborhood,the applicant is requesting that the City Council hold the public hearing. The City Council may waive Planning Commission review upon motion. The legal notice was published to allow for a public hearing at tonighYs meeting. If the Council votes to waive the Planning Commission's review and holds the public hearing, Staff has prepared an approval resolution for the conditional use permit. The Council should first consider a motion to waive the Planning Commission's public hearing and hold the public hearing tonight. Following an affirmative vote to hold the public hearing,the Council should open the public hearing and receive comments,after which the Council should consider a motion to adopt or amend the approval resolution as drafted. To date,no comments from the public were received regarding this application. Dankey asked if the applicant just recently realized the need for the fill. Curtis indicated Staff was working with the builder in the process of examining the grading plan but did not calculate the amount of fill required. The builder then proceeded with the building permit because all the other building requirements had been met. Typically the Planning Commission would go over the amount of material required. Seals moved,Dankey seconded,to waived review by the Planning Commission for Application No. 6898 LA18-000069,Gordon James Construction on behalf of Jason Pitts,225 Old Crystal Bay Road South. VOTE: Ayes 5,Nays 0. Mayor Walsh opened the public hearing�t 7:28 p.m. There were no public comments relating ko this application. Mayor Walsh closed the public hearing a�t 7:28 p.m. Page 5 of 9 MINUTES OF THE ORONO CITY COUNCILMEETING Monday,September 10,2018 7:00 o'clock p.m. 12. LA18-000069—GORDON JAMES CONSTRUCTION ON BEHALF OF JASON PITTS, 225 OLD CRYSTAL BAY ROAD SOUTH,CONDITIONAL USE PERMIT(GRADING) PUBLIC HEARING—RESOLUTION NO.6898—Continued Printup moved,Crosby seconded,to adopt RESOLUTION NO.6898,a Resolution Approving a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-916 and 78-967,for the property located at 225 Old Crystal Bay Road. VOTE: Ayes 5,Nays 0. PLANNING DEPARTMENT'S REPORT—REPRESENTATIVE BOB ERICKSON 13. LA18-000059—CITY OF ORONO TEXT AMENDMENT,SIGN ORDINANCE Barnhart noted the Sign Ordinance was the fourth highest priority ordinance amendment identified by the Council and Planning Commission in the fall of 2017. The issue with the current sign ordinance is that it is not content neutral. The City Attorney's office drafted the proposed ordinance,which repeals the existing regulations in favor of regulations that are content neutral,in part in response to a recent Supreme Court ruling that prohibits regulations that are based on their content as a violation of residents' First Amendment rights. Barnhart noted the sign ordinance continues to prohibit pole signs and limits temporary sign permits annually to four. In addition,the draft ordinance allows up to 35 percent of changeable copy,either electric or manual,and does not require a permit to change the face or text of a sign. Table 1 on Page 11 of the ordinance includes five districts. Attempts to incorporate existing signage have been made to avoid creating a nonconforming situation. The Planning Commission held two public hearings on the sign ordinance. At the August 20 meeting, some members of the Planning Commission expressed some concern that a resident could post a sign advertising a commercial business on their residential property. The Planning Commission was incorrectly informed that the ordinance needs to be content neutral and that someone could do that. Upon closer review,which was confirmed by the City Attorney,it was determined a resident cannot post a sign advertising a business or activity not occurring on the property. City Attorney Mattick stated the biggest issue with the current ordinance is that it regulates signs to some extent based on its content and that the draft ordinance cleans that up. Crosby asked if someone who is not in a commercial area and are advertising a business would be allowed to erect a sign advertising a business. Mattick indicated they would not be able to. Crosby stated he would like to make the permitting process easier for businesses since it has been an issue in the past. Barnhart noted Staff did attempt to remove some of those permitting requirements and that limiting special events to four a year is also an option. Mayor Walsh asked whether anyone from the audience would like to comment on this item. Page 6 of 9 MINUTES OF THE ORON(1 CITY COUNCILMEETING Mot►day,September 10,2018 7:00 o'clock p.m. 13. LA18-000059—CITY OF ORO�NO TEXT AMENDMENT,SIGN ORDINANCE— Continued Richie Anderson,3205 Crystal Bay Road,stated he owns three marinas in Orono and that he has spoken with a couple of his competitors recently about a similar business located in Mound that had a sign up at North Arm on Maxwell Bay and at the corner of County Roads 51 and 15. In addition,up the road there was someone advertising for boat cleaning,buffing and waxing on residential properly. Anderson asked if it is legal under the draft ordinance for someone to advertise in three spots in Orono. Barnhart stated if it is advertising a business on private property that dces not occur on that property,it is not permitted. Walsh noted outdoor advertising is not permitted. Walsh asked whether the City would go and pick up those signs if Mr.Anderson should make a complaint. Barnhart indicated they would. Walsh stated if they are advertising a business,they have to advertise on their own property and they cannot advertise on someone else's property or public property because then it would be an illegal sign. Anderson asked if he can advertise on his private property. Barnhart stated he cannot advertise a business on his residential property if the business is not located on that property. The signage in that situation would likely fall under a home occupation license because someone can advertise an activity that is occurring on the property. Barnhart stated the other question would be whether that activity is permitted on the property,which would fall under the home occupation rules. Walsh stated the City can only respond to something based on a complaint and that the City is not always aware of illegal activity. Anderson asked why a homeowner shoulid have to complain if somebody from the City knows it is illegal. Anderson stated he knows Council Member Crosby drives by the illegal sign every week and that he is not sure why he has to complain about it. Anderson commented when you complain about something,you become a marked man,and that the City should be taking care of it. Anderson stated he has people renting dock slips down his street and that the City should be dealing with it. Walsh stated the philosophy of the City is not to drive around looking for violations but that other cities have hired personnel that drive around looking for illegal signs or other violations. Matt Johnson, 1432 Shoreline Drive,staUed he requested this be removed from the Consent Agenda so it could be clarified. Johnson stated now that there is a better-defined ordinance,it might be prudent to let the Public Works Department or other City staff people who are on the roads to maybe target areas that have had issues in the past. In addition,the new ordinance could be put it in the newsletter as well. Crosby asked what the rules and standards are for people placing signs without permission on someone's land. Crosby asked whether the City car�pull those signs if it is on Orono land. Barnhart indicated that is correct. Page 7 of 9 MINUTES OF THE ORONO CITY COUNCILMEETING Monday,September 10,2018 7:00 o'clock p.m. 13. LA18-000059—CITY OF ORONO TEXT AMENDMENT,SIGN ORDINANCE— Continued Crosby stated he does not believe political signs are acceptable on private property without the homeowner's permission. Mattick stated in that instance the property owner can simply remove it,and if it is in the City right-of- way,the City can remove it. The City also has the right to send a letter to the property owner requesting they remove an illegal sign. Crosby moved,Printup seconded,to adopt ORDINANCE NO.213,an Ordinance Repealing and Replacing in its Entirety City Code Title VI,Chapter 78,Article X,Division 4,Regulating Signs, and to approve SUMMARY ORDINANCE NO.214 . VOTE: Ayes 5,Nays 0. MAYOR/COUNCIL REPORT Seals stated she had nothing to report. Printup noted the anniversary of 9/11 is tomorrow and that he would encourage people to check out the memorial located across from the old VFW in Mound. Crosby commented September 11 is very close to his heart and will remain with him until the day he dies. Crosby reminded people to thank their first responders,firefighters,and policemen for their service because they do a selfless job. Dankey stated she would like to wish peace,prayers,and powerful energy going towards the Matthews family this week. Walsh noted this is the first full week of school and that the new road appears to be working well. Walsh stated he also has an exchange student from Germany staying at his house. CITY ADMINISTRATOR'S REPORT Rief noted weight restrictions have been placed on Tanager Bridge by Hennepin County. Staff is working with the County and the state patrol to add more signage notifying motorists of the weight restrictions. The police department is looking at some possible overtime and the County will likely reimburse the City for that. Rief stated the police will be starting on Thursday enforcing the weight restrictions and that they will be getting assistance from the county. Crosby asked how the City can enforce the weight without a weigh station. Rief stated the City has hand scales that are able to weigh trucks. Dankey asked if the County is planning on redoing that bridge. Rief stated that bridge is not in the 2019 plan but that it is in the 2020 CIP. Rief stated they are expecting a full closure of the road for a minimum of a month and that they working on a detour plan. Due to the fact the road is in such disrepair,there is substantial concern and Hennepin County's emergency safety manager is handling it now. Page 8 of 9 MINUTES OF THE ORONO CITY COUNCILMEETING Monday,September 10,2018 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT—Conrinued Rief stated he has also suggested to Hennepin County that they consider working on both bridges at the same time. Staff is expecting an 8-month long construction process but they are not sure how long the bridge will be shut down. If the bridge is shut down,boats will not be able to go through. Rief stated the contractor is hoping to do the wear course on Old Crystal Bay Road over the MEA weekend. Some backups on the north side have been noticed and Staff is working with the school on how to handle that traffic. Walsh asked if there is any update on the intersection of County Roads 15 and 19. Rief stated the Public Works Engineer has spoken with the head engineer on the project and has requested some information. Hennepin County will have a public input period but that he is not sure when that will be. Walsh stated he would like to give the residents of Navarre as much notice as possible to allow for as much public input as possible. Rief reported there is still some paving and cleaning over at West LaFayette left to be done and that the curbing on Wildhurst has been staked. A number of culverts are also in the process of being replaced. CITY ATTORNEY REPORT Mattick stated he had nothing to report. ADJOURNMENT Crosby moved,Dankey seconded,to adjourn the Orono City Council meeting at 7:55 p.m. VOTE: Ayes 5,Nays 0. ATT T: Anna Carlson,City Clerk Dennis Walsh,Mayor Page 9 of 9