Loading...
HomeMy WebLinkAbout02-11-2019 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 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,Matt Johnson,Aaron Printup,and Victoria Seals. Representing Staffwere City Administrator Dustin Rief,Community Development Director Jeremy Barnhart,Finance Director Ron Olson, City Planner Melanie Curtis, City Attorney Soren Mattick and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JANUARY 28,2019 2. CITY COUNCIL WORK SESSION MINUTES OF JANUARY 28,2019 3. CLAIMSBILLS 4. APPROVAL OF RENTAL LICENSES 5. APPROVAL OF LAWFUL GAMBLING LICENSE—ORONO PTO 6. LA18-000062- SVEN GUSTAFSON,387 ORONO ORCHARD ROAD,REVISED PRELIMNARY PLAT—RESOLUTION NO.6941 7. LA18-000087-ROBERT BROOK, 1165 FERNDALE ROAD,VARIANCE—FENCE IN THE STREET YARD OF A LOCAL STREET—RESOLUTION NO.6942 8. LA18-000098-JEN AND TONY ISHAUG,4245 CHIPPEWA LANE,VARIANCE— RESOLUTION NO.6943 9. LA18-000099-JOHN ORTIZ WITH MOM'S DESIGN BUILD ON BEHALF OF BRET AND JENNIFER RIEMENSCHNEIDER,835 FOREST ARMS LANE RESOLUTION NO.6944 12. LA18-000102-CHARLIE& COMPANY DESIGN ON BEHAF OF NORTH SHORE MEADOWS,LLC,2455 NORTH SHORE DRIVE,VARIANCES& INTERIM USE PERMIT—RESOLUTION NO.6945 14. LA18-000044- COMPREHENSIVE PLAN UPDATE—METROPOLITAN COUNCIL RESPONSE Crosby moved,Johnson seconded,to approve the Consent Agenda as amended,with the addition of Item No. 12 and Item No. 14. VOTE: Ayes 5,Nays 0. Page 1 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 7:00 o'clock p.m. PUBLIC COMMENTS Megan Dayton and Ann Marie Graywell,Long Lake Waters Association,were present. Dayton stated they are here tonight to provide an update and to describe what they hope will be the next step of the carp project on Long Lake. The Long Lake Creek Sub-Watershed Partnership is a regional partnership to work collaboratively on improving the watershed. Its members include the City of Long Lake,the City of Medina,the City of Orono,the Minnehaha Creek Watershed District, and the Long Lake Waters Association. At the December partnership meeting, Tony Havranek from WSB reported the findings of the 2018 Carp Phase I project on Long Lake. The project ran from May to December and was part of a larger effort and was one of many strategies to improve water quality. Phase I had two objectives: One, implant ten high frequency radio transmitters to document carp movement to identify migration routes and winter aggregations for carp removal and,two,to develop a carp population and biomass estimate. Phase one of the project cost approximately$14,000 and was funded by the Cities of Long Lake and Medina and the LLWA. The data indicates the level of carp in Long Lake is 6.4 times the threshold level that impacts water quality and ecological integrity. This data supports the ongoing work that MCWD is doing to develop a comprehensive long-range watershed management plan. The Phase 1 project also added momentum to help leverage a larger grant,which was awarded in December to MCWD and the LLCP to work in the northern part of the Long Lake Creek Watershed in 2020. The Phase 1 carp project was a very positive collaborative project, including many community volunteers and Orono High School students. Ann Graywell stated the estimated number of carp in Long Lake is approximately 17,000 fish,which is equal to approximately 570 pounds per acre,which is well above the threshold. The orange line on the chart depicts about 89 pounds of carp per acre. The estimate ranges from around 400 to 800 pounds per acre. Even at the lowest threshold,that is well above the amount of carp that will cause an environmental imbalance in the lake. With this in mind,one of the management options is to remove a large amount of the carp from the lake by using commercial fisherman,with WSB acting as the environmental consultant. The goal is to keep the fish that are tagged in the lake. This process can be done in the winter or spring. WSB,the environmental consultants,would be hired to oversee the removal. WSB has tracked the radio tags in the fish and have found that the carp are clustering in the northeast part of the lake and by the beach. WSB would help guide the locations of the fish. Dayton stated they are asking all the members of the partnership, including the Cities of Orono,Long Lake and Medina,to support the Phase 2 effort to reduce the amount of carp in Long Lake. Because there are many variables during a biomass removal and it depends on the amount of fish caught,the total cost of the project will range between$6,180 and$11,180. To help offset these costs,the Long Lake Waters Association held a fundraiser at Birches and also participated in Give to the Max day in November. The LLWA is prepared to contribute$5,000 towards the removal,which reduces the cost to each of the partners to$1,540. For a small investment each of the partners,they can have a very positive impact on the watershed. Page 2 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 7:00 o'clock p.m. Dayton encouraged Orono to participate in Phase 2 and that they welcome the opportunity to discuss this further. Walsh suggested next time they put it on the City Council's regular agenda,which would give them more time to present and allow the City Council to ask questions and provide input. PLANNING DEPARTMENT REPORT 10. LA18-000091 AJ HELGERSON,2870 GOLDENROD WAY,VARIANCE AJ Helgerson,Applicant,was not present. Seals noted the applicant is likely at the Fire Department's mandatory training session being held this evening. Barnhart stated the applicant is requesting a variance to allow an air-conditioning unit in the side yard setback. The applicant recently purchased the home from the builder. The permit for the home was issued in October 2017. During review of the permit,the builder provided a survey showing the location of the A/C unit. Staff redlined the location, including a note that the A/C unit cannot be located in the easement. Mr.Helgerson,as the owner of the property, has an air-conditioning unit located within five feet of the house but also within the drainage and utility easement. As a result,he has requested a variance for his air-conditioning unit. Approval of a variance would allow the unit to remain in its location. The Planning Commission reviewed this at their January meeting. Neighbors on either side spoke in favor of the variance. The Planning Commission recommended approval of the variance subject to the property owner providing an encroachment agreement. The applicant has signed and submitted that encroachment agreement. Staff is looking for direction on whether to draft a resolution for approval or denial. The challenge Staff sees with this request is that it does not meet the standards for a variance. There is some history involved with this development since this is the fifth home that has had to relocate their air-conditioning unit. Additional historical information was provided to the City Council this afternoon. The four other air- conditioners were relocated. Originally the air-conditioning unit was located on the west side of the building. Walsh noted the west side of the lot has a 10-foot setback. Barnhart stated the unit is also within a drainage and utility easement. On the west side there is an underground sewer pipe also in that area,which means there is a higher likelihood there will need to be some maintenance at some point. The homes in this development are built setback to setback,meaning it meets the setbacks on either side. Crosby asked if there is any place they can put it so it would comply. Barnhart indicated it could be located in either the front or back yazd. Page 3 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 7:00 o'clock p.m. Walsh noted the four other air-conditioners were relocated prior to purchase but this applicant was not told about the situation prior to moving into the resident. Even though a professional builder was involved in this development,the situation has occurred five times. To help avoid this problem in the future,Walsh recommended the location of all items be documented on the survey prior to obtaining a building permit. The City is now put into the position of trying to rectify it. Walsh stated he did hear from the neighbors and they all get along,but down the road,if a future neighbor does not get along or they decide to erect a fence at some point along the property line,it will be two feet from the condenser unit. Walsh stated he does not believe there is a good alternative but that he does not want to throw Orono citizens under the bus. Walsh stated in looking at the situation,they should consider what is the lesser of two evils. They can either keep it where it is or put it on the other side where there is ten feet and fewer encroachment opportunities. Barnhart stated while relocating it to the south or west side of the house is an option,there is a greater likelihood the City will need to use that bigger area to access the rear area,and that his preference would be to leave it where it is. Walsh stated once he found out how the whole situation happened,he became more inclined to believe it has created a practical difficulty. Walsh recommended Staff pay more attention to this builder in the future. The builder originally wanted 5-foot setback on all sides,but the City Council increased it to ten feet on one side. Walsh stated the last thing the City wants to see is developers taking advantage of that and try to slip something through,which can create something less livable than what was originally envisioned. Unfortunately it puts more onus on the City to make sure everything is compliant. Crosby asked how many more lots still need to be developed. Barnhart indicated at least two-thirds of the lots have been developed. Rief stated to his understanding the City has issued 19 building permits. Crosby stated the builder should be put on notice. Johnson stated the builder got the model right with the air-conditioner being located at the back of the house,but these are also walkout lots. The neighbor next to this house has their air-conditioner unit on that side as well. Johnson stated he is a little conflicted on this application because if he was the buyer and he did nothing wrong,he would be in a tough spot,which is not fair,but at the same time the property owner is taking advantage of the entire lot and gets a bigger house. Johnson stated he hates to stick a resident with a problem like this, so he tends to agree with Mayor Walsh. Walsh stated perhaps the City should require the builders to submit a corrected plan if something is redlined prior to a building permit being issued. Johnson stated it is reasonable to hold the developer to a higher standard,but it should not have to go back on the property owner. Somehow this family was not told about it prior to moving in. Page 4 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 7:00 o'clock p.m. Seals asked if there is anything the City can do to make it clear to this developer that they need to follow the rules. Barnhart stated Staff has worked with the builder the last year and a half and they are a larger company. In June of last year,they had some turnover with their employees that Staff has dealt with,which is why sometimes it was not caught by the builder. Printup noted at the Planning Commission meeting one of the residents also commented on the fact that the area was not bermed as originally planned. Barnhart stated no berming was planned on the south side and the proposed berming along Old Crystal Bay Road was done. Crosby moved, Seals seconded,to direct Staff to draft an approval resolution for Application No. 18-000091,AJ Helgerson,2870 Goldenrod Way,granting of a side yard setback variance VOTE: Ayes 5,Nays 0. 11. LA18-000095-CHUCK ALCON ON BEHALF OF ERIC AND ANDREA LARSON,690 BROWN ROAD, SKETCH PLAN Chuck Alcon,Applicant;Michael Stedman,Developer;and Mark Gronberg, Surveyor,were present. Barnhart stated this is a sketch plan review for a proposed seven lot single-family subdivision located at 690 Broad Road. The property consists of 2437 aces. Each lot meets the minimum lot size of two acres of dry buildable and five of the seven lots meet the minimum lot width requirements. There will be a single private road off of Brown Road that would essentially line up with the Sugarwood development to the west. The property is located in the MUSA. The main issue for consideration is the width of two of the lots. Lot 3 is a lot at the end of a cul-de-sac and the calculated width is 143 feet where 200 feet is required. Where that line is measured is right in the middle of the ditch. If you measure further back,you would get 350-plus feet of distance. Lot 3 could also be adjusted to accommodate the width requirements,but the lot line configuration may be unusual. Lot 6 is a proposed lake lot,and based on the lot width definition,the calculated width is 185 feet. This lot has over 200 feet of shoreline. In the past the City Council has supported some flexibility from lot width requirements. At their January meeting,the Planning Commission discussed the proposal and were generally in favor of providing some lot width flexibility. The City Council is being asked to provide comment related to the proposed subdivision and,in particular,the width of Lots 3 and 6. Walsh noted a curving shoreline is a practical difficulty and that in his view the plan is absolutely fabulous. Michael Stedman,Developer, stated this is a lot different from the 25 lots that were proposed in 2016 and that they wanted to come up with something that meets City Code as much as possible. The proposed Page 5 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 7:00 o'clock p.m. homes do not impact any wetlands since there is adequate buffer. The availability of city sewer and water is a big plus and will have less impact on the lake. Stedman indicated this will be an upper bracket subdivision and that they have met with the Watershed District. In addition, a neighborhood meeting was held. The neighbors were a little surprised that more lots were not proposed. Walsh commented when only one person from the neighborhood comes to the Planning Commission meeting,that is a good sign. Printup stated in his view this is a good proposal but to his recollection one of the comments at the Planning Commission meeting was that one of the lots would impact the wetland. Stedman stated in his opinion that comment was in error and that he does not believe they are impacting any wetland. Walsh commented limiting the number of lots will help retain the forest and will blend in with the rest of the neighborhood. Seals noted she was not on the City Council for the last proposal but that she was present at the meeting when it was discussed, and in her view this proposal is more in line with what the neaxby residents are expecting. Some flexibility to the two lot widths is reasonable given the curving shoreline. Gronberg noted the homes on Lots 4 and 5 are around 270 feet back and that the average lakeshore setback line will depend on which lot gets developed first. Walsh asked whether the City wants to set an average lakeshore setback in this case. Gronberg stated in his opinion that would be a good idea and that they are proposing a line from Lot 6 all the way to the house to the north. Walsh stated in his view a preset average lakeshore line is the way to go. Gronberg stated the house to the south is closer to the lake as well as the house to the east. Barnhart stated a preset average lakeshore setback line sounds great up front,but that there could be an issue 12 years down the road when Lot 5 is rebuilding. Barnhart indicated he would like to come back with a mechanism that protects Lots 4, 5,and 6 but will not limit the City down the road. Walsh encouraged the applicant to work with Staff on that. Johnson commented the proposal looks good. Johnson asked if there is a reason why the southern line on Lot 3 is not tilted a little more. Gronberg stated they could make it a little more tilted but that it generally looks better when it is radial and people know where their lot line is a little better when it is a straight line. Johnson stated he does not have a problem with it but was curious if there was a practical reason for it. Page 6 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 7:00 o'clock p.m. The City Council took no formal action on this item. 13. LA18-000103-ISAAC LINDSTROM,ALL ENERGY SOLAR ON BEHALF OF WILLIAM AND ELEANOR FERRIL,240 WAKEFIELD ROAD—RESOLUTION Isaac Lindstrom,All Energy Solar, and Eleanor Fenil,Property Owner,were present. Barnhart stated the applicant is requesting a variance that would permit the placement of solar panels on a rack versus on a building. Solar arrays are a permitted improvement in all districts,provided the array is placed on a building. The proposed rack will comply with setbacks applicable to both accessory building and accessory structures. The idea is to locate it on the south portion of the property where it can be more tailor fit to the property. If the variance is denied,the property owner could erect an accessory structure in that location and place the solar panels on top of that,which would be more obtrusive. The Planning Commission voted 5-0 on a motion recommending approval of the requested variance. Eleanor Feml,property owner,stated her purpose tonight is to seek the Council's approval to construct ground mounted solar panels on their property. This property was developed after purchasing it in 1982. The goal has been to turn it into a wonderful residential site. After home construction,they obtained a copy of the original survey and a current survey. They began by ridding the property of the invasive buckthorn while protecting the birds and wildlife in the maple,basswood,oak savanna. Much help was gained from people at the University of Minnesota,Hennepin Technical,Prairie Restoration,Rainbow Tree Service,to name a few. The DNR has agreed to allow them to continue this proj ect to include the land on the north side of the Luce Line Trail along the property line with specific restrictions,one of which is working with Prairie Restoration. Suggestions for replanting this area include red cedar and prickly ash,which are good bird habitat. Annual grass would be sown the first year to prevent erosion,plus perennials like no-mow fescue or Pennsylvania sedge and various prairie perennials. Ferril stated they had looked into putting solar on their rooftop in the past but were repeatedly told that it would be either the trees or solar. This was not an option for them.The solar possibility arose when an area eroded at the southwest corner of the property in the shape of a bowl. Solar panels appeared to fit the space facing south. This area is within the required boundary setbacks. Ferril stated they do not expect to regain their total financial investment,but current financial incentives make sense for them personally as well as environmentally. Technology has brought solar to a respectable industry and they expect it will improve in the future. Ferril stated while they are not trained scientists,they do believe the science of the earth's climate and what they believe is"the sooner,the better." They would like to demonstrate to their grandchildren respect for education,the environment and community and to do the right thing when an opportunity exists. Ferril noted Staff has recommended that the corner in that area be verified on the survey,which they are fine with. Crosby asked how high up it would be if they are placed on pedestals. Page 7 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 7:00 o'clock p.m. Lindstrom indicated at the shortest it would be 10 feet and at the highest it would be 11 feet. Lindstrom indicated he has seen most city ordinances between 13 and 15 feet, so this is below other cities' restrictions for ground arrays. Barnhart noted the lot is not flat and is high at one end and low on the other. Crosby asked how visible it would be to the neighbors. Barnhart indicated it will likely be fairly visible. The challenge from a visibility standpoint is the applicants would be allowed to place the solar panels on top of a building,which would be more noticeable,especially from the south,and the structure cannot be screened. Seals asked how many panels would be installed. Lindstrom indicated 24 panels. Seals stated the only set of solar panels she has observed being mounted on the ground are over by Share Farms. While someone will know it is there,there is also a lot of nature around it so you can look past it. If you put solar panels on top of a building,they will be more visible. Lindstrom noted Orono has previously issued a variance for a ground mounted solar array. Barnhart indicated that was approximately two years ago and the area was actually 100 percent screened. Walsh stated the City has a Code Review Committee and that the applicants are essentially asking the City to change their code. Walsh stated he does not see a practical difficulty and that in his view the appropriate way to bring this before the City is to go through that committee so they can discuss possible changes and their impacts. Lindstrom stated he can understand that,but it is specifically written into the Minnesota statute that access to sunlight is a practical difficulty and this house presents a challenge to direct access. The proposed location is directly facing south and will be a great spot for solar. Lindstrom stated he can understand where a code change might be necessary,but at the same time direct access to sunlight is a practical difficulty. Walsh commented he appreciates that,but noted the practical difficulty can be changed or eliminated by removing the trees. Walsh stated the applicant is asking the City to do something that is completely different from what the code reads and that it would be appropriate for the committee to review it. Crosby stated he would like to see it vetted more thoroughly to avoid setting a precedent. Trees are not a practical difficulty because the trees can be trimmed. Lindstrom noted this is being vetted more than if they had proposed to build an accessory building and place the solar panels on top of it,which would only require a building permit. Walsh stated that is one option,but that changing the code without any standards would open the door to anyone coming in with a similar request. Walsh stated he would like to look at what other cities have done and that he would not be in favor of a variance because it would change the city code. Page 8 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 7:00 o'clock p.m. Printup stated if they want to erect a shed and put the panels on the roof,they can do that. Changing the code might take a little bit longer but it will be properly vetted and will allow the City to find out what other cities are doing. Ferril stated they chose to do the rack in part for restoration purposes of the area. The no-mow fescue will not need to be maintained but a wooded structure would need to be maintained. Walsh commented that is all part of the vetting process and that he would like to look at what other cities have done to resolve some of these issues. The City Council and Staff do not know the answers to those questions right now. Ferril stated during the summertime the houses on the south side would not be able to see them and in the wintertime it would be visible on the side of their house and not facing their house. Johnson commented they have a lovely setting and he can understand why they want to stay there and improve the area. They are trying to do it the right way and be conscious of the environment,but that he struggles with how the City can make a good plan and not just randomly give variances to different people. The City should make a conscientious,concerted effort to get it right the first time. Johnson noted he is on the Code Review Committee and that it is certainly something they can discuss. Johnson stated he would agree there is not a practical difficulty and that he is not sure he would want a bunch of free-standing solar panels throughout the neighborhood. Johnson indicated he is in agreement that the City should talce their time and get this right. Printup moved,Crosby seconded,to direct Staff to draft a denial resolution for Application No. LA18-000103,Isaac Lindstrom,All Energy Solar on behalf of William and Eleanor Ferril,240 Wakefield Road. VOTE: Ayes 5,Nays 0. Barnhart asked if there is something the City Council would like Staff to do with respect to analysis of the ordinance. Barnhart noted the applicant is not requesting an amendment to the ordinance and solar panels are currently allowed in a11 districts. Crosby noted free-standing solar arrays are not allowed and that it is all about an overall review of the code. Seals stated they need to look at free-standing and the zoning. Walsh stated height, setback,acreage,and visibility all need to be looked at. Johnson stated at the end of the day,there needs to be a practical difficulty,which means the City has to look at its code to see whether it is worth changing. Walsh noted there are also different types of free-standing solar arrays, such as moving,static,etc.,and the City's challenge is to look at all the issues. Page 9 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 7:00 o'clock p.m. HRA ANNUAL MEETING Seals moved,Crosby seconded,to recess the Orono City Council meeting at 8:02 p.m. VOTE: Ayes 5,Nays 0. Walsh moved,Seals seconded,to convene the HRA meeting at 8:02 p.m. VOTE: Ayes 5,Nays 0. Printup moved,Seals seconded,to reconvene the Orono City Council meeting at 8:04 p.m. VOTE: Ayes 5,Nays 0. MAYOR/COUNCIL REPORT Johnson stated the City is continuing to look at some public/private partnerships on different things and that the Big Island Committee will be looking at adding some bike trails. In addition,someone with the Orono Hockey Board has approached him about possibly creating a partnership with the City about having an ice rink with additional facilities. That person has been referred to the City Administrator. Walsh commented it could be a biking or walking trail and could possibly dovetail into the Long Lake Trail that is being developed. Crosby commented he hopes people are taking advantage of the sledding opportunities at the golf course. Given all the snow and ice,he would encourage everyone to drive safely and be careful if using space heaters. Crosby recommended having fire extinguishers nearby and making sure all vents are clear of snow and ice to help prevent a house fire. Printup asked what the status is on the ice rinks. Printup commented the new ice rink seems to be more of a challenge than what it was intended to be. Rief stated it has become a definite challenge trying to upkeep them and the City was not fully prepared to handle it. At first the weather was not cold enough to create ice and now there is too much snow. The parks person is busy plowing roads and all the trails in addition to the other things that were not envisioned. Walsh commented it has been a learning experience. Printup stated the City has existing rinks so it is not a new concept and that it is becoming an embarrassment. Printup noted the City has more staff now than they did before but they are not able to maintain the ice rinks for some reason,which is what he is having a hard time accepting. Crosby stated given the consistency of the snowfalls,that is something that needs to be considered,but the ice rinks aze something the City has to put on its priority list. Printup stated he hears a lot of comments about improving Big Island,which most people cannot access, but yet the City cannot take care of the City's inland parks. Rief stated he will visit the ice rinks later this week. Seals encouraged people to visit the new Orono activity center. Page 10 of 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 11,2019 7:00 o'clock p.m. Seals noted last night the Long Lake Fire Department battled a fire in Shorewood and that they were able to save a part of the house. Seals encouraged everyone to keep safe on the roads. Walsh reported he attended the grand opening of the activity center and that he would give high marks to the School Board for accomplishing it. CITY ADMINISTRATOR REPORT Rief reported there was a Park Commission work session last week and one of the discussion points was how to better serve the winter activities in the area. The Park Commission will be putting together a survey to be sent out so they can get a better handle on it. Staff is aware that the City is not doing as good of a job as they could and that they would like to gain some input on what would make it better. Rief noted at the next City Council work session there will be interviews for the Planning Commission and Park Commission. CITY ATTORNEY REPORT City Attorney Mattick stated he had nothing to report. ADJOURNMENT Crosby moved,Printup seconded,to adjourn the Orono City Council meeting at 8:15 p.m. VOTE: Ayes 5,Nays 0. ATTEST: Anna Carlson,City Clerk Dennis Walsh,Mayor Page 11 of 11