Loading...
HomeMy WebLinkAbout05-13-2019 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 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 Staff were City Administrator Dustin Rief, Community Development Director Jeremy Barnhart, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF APRIL 22,2019 2. CITY COUNCIL WORK SESSION MINUTES OF APRIL 22,2019 3. CLAIMS/BILLS 4. APPROVAL OF TRANSIENT MERCHANT LICENSE—RENAISSANCE FIREWORKS 5. APPROVAL OF MESSAGE THERAPY RENEWAL LICENSE 6. APPROVAL OF KENNEL LICENSE RENEWAL 7. APPROVAL TO RENEW CONTRACT WITH GRANICUS 8. APPROVAL TO ACCEPT DONATION REIMBURSEMENT FROM HCEM 9. APPOINTMENT OF SEASONAL EMPLOYEES 10. REPLACEMENT OF TRUCK NO.708 WITH BUCKET TRUCK 11. CHIPPER BOX PROCUREMENT 12. TREE INVENTORY 13. LA19-000030—ORIGINAL FILE#17-3918—WILLIAM AND KATHLEEN WANNER, 1095 FERNDALE ROAD WEST,2ND EXTENSION OF RESOLUTION NO. 6833— RESOLUTION NO. 6971 14. LA19-000014—NICK RUKAMP ON BEHALF OF STEVEN PRAWER,4470 FOREST LAKE LANDING,VARIANCE—RESOLUTION NO. 6972 15. LA19-000019—CHRIS LAKE ON BEHALF OF BRACKETT POINT PROPERTY,LLC, 1400 BRACKETTS POINT ROAD,CUP AND IUP—RESOLUTION NO. 6973 Page 1 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. 16. LA19-000020—VENIAMIN "BEN"BOCHARNIKOV,3593 CRYSTAY PLACE, VARIANCES—RESOLUTION NO.6974 17. LA19-000021—BEN AND KATRINA WASSCHER,4775 NORTH SHORE DRIVE, VARIANCES—RESOLUTION NO.6975 18. LA19-000023—NOR-SON CUSTOM BUILDERS ON BEHALF OF CHARLES AND JILL MILLER, 1600 BOHNS POINT ROAD—RESOLUTION NO.6976 19. LA19-000024—STREETER&ASSOCIATES ON BEHALF OF PETER AND NICOLE THOMAS, 1385 ORONO LAKE,VARIANCES—RESOLUTION NO. 6977 20. 2019 JOINT USE DOCK LICENSE RENEWALS—RESOLUTIONS 6978-6988 25. LA19-000022—MIKE STEADMAN ON BEHALF OF ERIC J. LARSON AND ANDREA LARSON LIVING TRUST,690 BROWN ROAD,PRELIMINARY PLAT— RESOLUTION NO.6989 Crosby moved,Seals seconded,to approve the Consent Agenda as revised,with the addition of Item No.25. VOTE: Ayes 5,Nays 0. PUBLIC COMMENTS None PRESENTATION 21. ANNUAL PUBLIC HEARING FOR MS4 STORM WATER PERMIT(SWPPP) Edwards stated the City of Orono holds a MS4 permit under the National Pollutant Discharge Elimination System(NPDES)program for operation of the City's stormwater drainage system. A requirement of the permit is that an annual report be prepared and submitted to the MPCA. Staff has prepared the report and has submitted it to the MPCA. One component of the report is that the City hold a public meeting. The meeting must provide a summary of the City's Storm Water Pollution Prevention Program(SWPPP),the activities of the City for the past calendar year in regards to the permit requirements, and must allow for public input and comment. Individual cities' storm water management process has local and global impacts. Some of the basic requirements include a storm water pollution prevent program, best management practices, annual reports, ordinance development, and storm water system mapping. The permit is broken into six control measures: public education and outreach,public participation and involvement, illicit discharge detection, construction runoff, post-construction runoff, and good housekeeping measures within the City. In 2018 the City's compliance activities included updating the surface water management section for the Community Management Plan, articles in newsletters around storm water and drinking water,maintained Page 2 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. stormwater information on the City's website, grass and leaf disposal program, erosion control inspections, street sweeping,city culvert repairs,watershed/pond surveys, and updated storm maps. In 2019,the City has a planned renewal of the permit. While the City's permit actually expired in 2018, the MPCA has granted an extension, and the updated permits are expected later this summer and will take effect later this year. The City has also completed its pond survey and mapping this past year and 20 percent of the City's storm water system will be inspected in 2019. Edwards indicated he is available for questions. Richard Anderson, 3205 Crystal Bay Road, asked if the City has issues with not coming into compliance with the WSP. Anderson asked if there are there requirements to provide additional ponds and whether wetlands are part of the storm water plan. Edwards indicated that is correct, and that there are also requirements the City has to follow as far as protecting the tributaries and surface water in the area. Anderson noted WSP did a program in Richland and that there might be federal funding available for it. If additional land is needed,Anderson indicated he has a property on Tanager Bay that could be used for a collection pond. Anderson stated the property could be donated to the City and that they might be able to receive funding for the system. The City Council took no formal action on this item. PUBLIC SAFETY REPORT 22. ORONO POLICE DEPARTMENT ANNUAL REPORT Police Chief Corey Farniok provided the City Council with a recap of the 2018 Police Department Annual Report. The police department is committed to saving lives,preventing crimes,enforcing laws, and solving problems. One of the great successes last year was that the police department collected over 200 pounds as part of the Drug Take Back Program,which was a decline of approximately 45 pounds from the year before. Farniok stated he would encourage people to clean out their unused drugs and turn them in to help combat the opiate problem. Several years ago the police department changed their focus to center more on community outreach. Some of the programs involved in that outreach include Coffee and Cone with a Cop, a visit with Santa Claus, and a community service dog. In 2018 over the Christmas holiday season several officers went with Santa to several of the local nursing homes. Xerxes is Orono's community service dog,which is through a partnership with Can Do Canines. This was a unique situation where Xerces is used to help comfort and connect with individuals impacted by trauma or are experiencing a mental health crisis. The Orono Police Department also had great success with the DARE program in 2018. The DARE program is a 6-week course that is attended by the School Resource Office and begins in January of every year. The SRO then teaches five classes about safety to various classes. The money for the DARE program is donated by local residents and business owners. Page 3 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. The West Metro Drug Task Force did a phenomenal job this year and performed 104 arrests,conducted 131 search warrants, seized 65 guns, filed 100 state charges and 10 federal charges, and confiscated 1.2 pounds of cocaine/crack, 70 pounds of methamphetamines, 69 grams of heroin, 96 pounds of marijuana, and 3,982 narcotic prescription pills. The estimated street value of the drugs seized in 2018 was $2.6 million. In 2019 this area is seeing an increase in burglaries. One of the tactics used by the burglars is taking a rock and throwing it through a sliding glass window. If no alarm goes off,they then enter the home. Farniok encouraged the residents to contact the police department if they see a strange vehicle in their neighborhood. Walsh stated people overall are pretty safe in Orono,but there has been an increase in people going to different garages, finding that the side doors are open, and then gaining access to the keys in cars. Walsh encouraged people to lock their homes and garages as well as take their keys inside the house. Farniok noted Orono is 20 minutes from downtown Minneapolis and that the homes in this area are not always close to another residence. Farniok recommended people take the keys out of their cars, lock vehicles,take any valuables out of their car, and then call the police department if they have any questions or concerns. The police department will again be starting their bike patrol this year in some of the higher density areas,which is another way to engage the community. Printup asked when Orono has last had a bike patrol. Farniok indicated they had it for a number of years but then it was disconnected. The newer officers wanted to get this program going again and so the police department has partnered with the Crime Prevention Coalition,who has donated a bike that can be used. Farniok noted the 2018 report will be available to the public on Tuesday. Johnson asked whether there is some legislation being proposed that would eliminate some of the drug task force money that is received by the City. Farniok indicated the police department has worked with the City's lobbyist to help change some of the language in the bill. Currently the City receives back a portion of the money seized by the Drug Task Force and the proposed bill would eliminate that. The City currently receives around$120,000 from that program,which is used for equipment or overtime. Farniok stated if he sees some changes coming up from the legislature,he will notify the City Council. Walsh stated whenever cars or cash is seized,the City currently receives a portion of that. The state is now proposing to take all of those funds and put them into the state's general fund and not give it to the cities who participate in the program. Walsh encouraged the residents to call their local representative to help support the police department. Farniok noted the barrier on Highway 12 was achieved through various members of the public contacting their legislator. The City Council took no formal action on this item. Page 4 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. 23. XERXES AWARD Farniok noted the Orono Police Department was one of two departments that received the Award for Innovation. Orono received this award for their community service dog program. Xerxes is utilized on mental health crises and medical calls, and is there for officers, staff,and the public. Xerxes is a great asset to the department and community. Xerxes' handlers have put a lot of time into making sure that he gets out into the community and makes a difference. PLANNING DEPARTMENT REPORT 24. LA19-000018—CHRIS AND RACHEL BOLLIS,350 STUBBS BAY ROAD NORTH, PRELIMINARY PLAT—RESOLUTION Barnhart stated the applicants are proposing the subdivision of this approximately 10-acre property into two buildable lots, each meeting the minimum lot area size and frontage requirements. One of the lots is uniquely shaped and offers limited buildable area since the building line falls in the wetland. The width of the lot is normally measured at the building setback line. This lot does meet the width requirements as adjusted and the development of the property is consistent with the City's zoning ordinances and Comprehensive Plan. The Planning Commission reviewed this application at their April 15 meeting. The main discussion at the meeting involved the requirement of the cul-de-sac and the private road width. The applicant is proposing a hammerhead turn-around versus a cul-de-sac. Even though the fire chief supports a hammerhead configuration, City Code requires a cul-de-sac to facilitate the turning movements of large vehicles, including emergency vehicles, school buses, garbage/refuse haulers, and delivery trucks. After a lengthy discussion,the Planning Commission did not support the hammerhead. In addition,the property owner is proposing pavement width of 20 feet. City Code requires a 24-foot width. The applicant has indicated that the reduced width protects existing screening evergreen trees. Staff did not support the deviation from the width,but the Planning Commission supported a 24-foot width for the first 50 feet,which would coincide with the first driveway serving the adjacent property, and the remainder being 20 feet wide. Ultimately the Planning Commission did recommend approval of the preliminary plat subject to Staff's recommended five conditions,with Condition No. 3 being amended regarding the driveway width. The applicants have stated the decrease in width of the roadway is necessary to protect some existing screening on the property. Staff recommends the City Council adopt the resolution as drafted. George Stickney,Developer,provided the City Council with a tree delineation survey that was conducted on the property. Stickney stated at first they were not objecting to the 24-foot width for the first 50 feet, but upon further study it was determined that if the road was 24 feet wide, it would be within two feet of the dripline of the tree. The neighbors on both sides of this property do not want to see the trees removed or damaged since the trees are in very good condition. A 20-foot width works just fine but 24 feet is too wide, especially since there is not enough room on the north end to construct the road to that width without damaging the trees. Page 5 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. The plan proposes a hammerhead. There is approximately a 450-foot long roadway. The code defines in Section 82.2 that a cul-de-sac means a local street with only one outlet and having an appropriate terminal for the safe and convenient traversal of traffic movement. The fire chief is in agreement with a hammerhead design. Instead of a 100-foot outlot,being proposed is a hammerhead that is 20 feet wide and 70 feet deep. A comparison that was pointed out at the Planning Commission meeting was if they were to do a normal 80-foot wide clump of circular pavement around the property,that would impact the wetland in the corner. The impact on the wetland is 83 percent less if a hammerhead is done. Stickney noted they got into a long discussion at the Planning Commission meeting about how buses were going to be able to go down the road. Stickney noted in any of the developments that he has helped out on,he has never had a bus go down to one of the cul-de-sacs and instead the buses park at the end of the street and the kids walk to the end of the road. Stickney stated he has not seen a school bus go down to a cul-de-sac in the time he has lived in Orono. According to state code and the Long Lake Fire Chief, a hammerhead is an appropriate turn-around, even given the fact that a fire truck is harder to operate than a school bus. Walsh noted drivers of fire trucks probably practice how to back up and that they cannot say a school bus or other delivery vehicles will never go down that road. City Code states that unless there is some overriding issue, it needs to be a cul-de-sac,which is the issue he is struggling with. While the hammerhead may work for a fire truck, everybody else will be going down that road and that he cannot envision somebody backing up a school bus with 30 kids on it. Stickney stated the private roads are built to city standards and that he does not know of one private road that allows a school bus to go down there due to the impact on the road and the future maintenance. Walsh stated if a road is being built, it needs to be built to code unless there is some overriding issue. While a wider road might wipe out more pine trees,those can be replanted but the road will never get any bigger. From a safety standpoint, if people are going to park on the road,there also is a need to be able to have cars go both ways. Walsh stated he would rather see the road built correctly up front with a cul-de- sac. Stickney noted these are 25-foot pine trees. Walsh stated he has never seen a true survey of the width of every tree in the correct location. Stickney pointed out the grade is higher on the north side so the road cannot be wiggled through. Johnson stated he did visit the site and that he measured from the middle of the existing road to the base of the trees,which was 25 feet. Johnson commented he can understand what Mr. Stickney is saying about other private roads, but that when he looked at this situation, it appeared there was adequate room to put in a 24-foot road and that he does not see a reason why it cannot be done here. Johnson noted when Irwin Jacobs did his development off of Heritage,the City made him put in a full-size conforming cul-de-sac, which is just what the City has done in the past and is what the code requires. Johnson stated he does not see a reason for not conforming with the code. Walsh noted the applicant needs a practical difficulty, and if trees are considered a practical difficulty, there will be a lot of practical difficulties in Orono. Page 6 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. Stickney noted the road would only access two lots and that he is not aware of any full cul-de-sac serving two lots in Orono. Walsh noted the third lot still has a driveway accessing on this road,which makes it three. Stickney asked if there could be an option for something similar to Bracketts Point. In that development there was a 90-foot outlot created with 20 feet of asphalt around a 40-foot island. That configuration is appealing and the buses and trucks can get around it. That served three houses at the time. Johnson commented he does not have a problem with that but that he is not sure if the radius is correct and whether it needs to be clear in the middle. Barnhart stated the code has a minimum standard and that the City Engineer will check the turning radius. The caveat is that what Mr. Stickney is proposing takes up quite a bit more land. Stickney stated it would also be reducing the impact to the wetland. If the island is created with 20 feet of roadway around that with a shoulder,there will be plenty of room for trucks to make that. In addition, it would be more appealing. Barnhart stated if that is something the applicant would like to propose, Staff can run it by the City Engineer,but that it will not work in this outlot. Chris Bollis,350 Stubbs Bay Road, stated the definition of a cul-de-sac under the code means a local street with only one outlet having an appropriate terminal for the convenient traversal of traffic. State approved designs were looked at for cul-de-sac terminals,and those included a circular one, a Y-design, a hammerhead, and an alternate hammerhead. Given the Conservation Design study completed on the property, it is felt the appropriate terminal would be that hammerhead terminal for the property since it requires 83 percent less hardcover, fits within the contour lines, and is designed to allow vehicles to turn around. As it relates to practical difficulties,there is not enough space within that outlot to put a 100-foot cul-de- sac and it would impact the wetland. The appropriate terminal in their view is the hammerhead terminal that was approved by the fire chief. Bollis stated in their view that meets code. Barnhart stated the subdivision code requires an adequate turn-around and that the City Council has determined what an appropriate turn-around is,which is the cul-de-sac as defined in the Code. Johnson asked what prevents them from moving that farther southeast. Bollis stated anything they do will impact that wetland. The City requires a Conservation Design and they have to hold to that as well as the rest of the code. Barnhart noted the Conservation Plan Design provides guidance to the environmental amenities on the property with the goal of creating a subdivision that best preserves those features. Johnson asked what would prevent them from moving the cul-de-sac further into the lot. Bollis stated there is an access outlot there and that they are bound by the covenants of the access outlot. Page 7 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. Barnhart indicated they would need to create a new outlot within the plat to extend the existing outlot and that there might be some modification to the property lines. Bollis stated in his view it would require a variance from the Watershed and that it could be avoided by using the hammerhead. Printup commented there appears to be a couple of different options and that perhaps the applicant could come up with a couple of different options the City Engineer could review. Barnhart noted this is preliminary plat and that there will be a final plat. The Planning Commission will not see the final plat. The City Council could provide direction to the applicant asking him to address that question,they could send it back to the Planning Commission, or they could direct the applicant to design a cul-de-sac that meets the requirements. City Attorney Mattick stated while it is called a preliminary plat, it is best to have a firm hand on what is being proposed as opposed to being unsure what concept will ultimately be decided upon. Walsh commented he would be comfortable with a cul-de-sac solution that Staff supports. Bollis indicated he is happy to include a cul-de-sac if it fits. Barnhart recommended the application be tabled until the cul-de-sac issue is resolved. Printup moved,Crosby seconded,to table Application No.LA19-000018,Chris and Rachel Bollis, 350 Stubbs Bay Road North. VOTE: Ayes 5,Nays 0. 26. LA19-000092—WILLIAM AND SUE DUNKLEY,PENCE LANE ADDITION VIOLATION Curtis stated the final plat approval for the Pence Lake Addition was granted by the City Council in November 2018,which was recorded with Hennepin County in February 2019. According to Conditions 4 and 6 on Page 3 of the final plat resolution, access to or from Lot 1 over Lot 2 is prohibited. The prohibition was effective the date of the plat recording. The Code allows two properties to share a common driveway. A third property accessing a private driveway is not permitted since the third driveway triggers the need for a private platted road. The developer has stated their desire to enter the property over the Pence Lane roadway on a number of occasions. Therefore,with this plat,a condition was placed in the resolution prohibiting access to or from Lot 1 over Lot 2. The prohibition became effective on the date of the plat recording. Staff has received a number of complaints regarding construction traffic serving Lot 1 over Lot 2. In response, Staff sent a letter on March 25 reminding the property owners of the prohibition and the plat conditions of approval. Additional complaints were received resulting in a letter being sent dated April 24 and the scheduling of this meeting to discuss a solution or revocation of the plat. At this time Staff is seeking guidance on the best way to address this issue. Page 8 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. Curtis stated throughout the construction of the addition to the Dunkley home,Pence Lane was utilized for the construction because the Dunkleys had combined the two lots into one lot when they purchased it. As a result,they were allowed to access over Pence Lane, and that occurred during the majority of their construction. When Lot 2 was created,the prohibition began. Traffic for construction vehicles on a number of occasions were reported coming either in and out of Pence Lane. Since the Dunkleys were reminded of the provision in the resolution, Staff did observe a vehicle that was serving the Dunkley property parked on the property and positioned in such a way that there would not have been another way for that vehicle to enter the property except for Pence Lane. City inspectors were not aware of the prohibition but said construction traffic was doing the same. Prior to the plat being finalized,the applicants received approval from Staff to create a construction entrance and provide a flat area for parking. Johnson stated basically it appears construction people are coming down Walters Port or coming down Pence and then leaving via Walters Port. Johnson asked whether they can only use Pence. Curtis stated they can use Walters Port for Lot 1 and Lot 2 can utilize Pence Lane. Crosby asked if there is an issue with the size of the vehicles navigating Walters Port. Curtis stated she is not aware of that. Crosby noted that turn in there can be rather tight for an oversized vehicle, especially with the fire hydrant there. Curtis stated she believes the large vehicles are done being on the site and that the current construction traffic for the Dunkleys' project consists primarily of finishing people,HVAC people,etc. Staff would like the applicant to install a barrier that would prohibit the traveling back and forth between the properties. Eric Vogsstrom noted he sent an e-mail a couple of weeks ago to Staff and the mayor and that they do have signs up. Walsh commented the sign does not appear to be solving the issue. Vogstrom stated for the first year of construction, all the subcontractors were allowed to come in on Pence Lane. Following the approval of the final plat by the City, an e-mail was sent to everyone telling them not to use Pence Lane. After being contacted by Staff, another email was sent out telling everyone that they needed to stop using Pence Lane. After the third time,the sign was flipped around that says absolutely no more construction vehicles. Vogstrom stated as far as he knows, no one has come in through Pence for approximately three weeks. Vogstrom stated within the hour of being notified by Staff,he sent an email out to everybody and also put up the big sign. To his knowledge there has not been an issue since then and that he has gone out of his way to tell people not to do it. Page 9 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. In addition,there is also construction going on on Pence and those vehicles are allowed to use the Pence Lane road. Vogstrom stated in his view he has done his due diligence as far as not having anyone come in there and that he does not believe it is an issue anymore. Sue Dunkley, 2709 Walters Port, stated an example of how tough they are trying to be is a gentleman pulled in the other day with a trailer, pulled straight ahead, and the guys quit their work and went out of the house immediately to warn him. The guy had to back all the way down into Mr. Crosby's driveway. Vogstrom commented they are taking it seriously. Dunkley noted the same subcontractors are being used on Eric's project and that they can take as many pictures as they want but she does not know if they have the time to do that. Dunkley stated she is not sure whether the City would like the contractors to sign in as they enter the property or how they would like them to deal with it. At this time their addition is almost done. Dunkley noted they have paid approximately$38,000 to the City in fees for this project as well as park dedication fees and that they have paid taxes for 35 years but they are acting like they are criminals. At the present time all construction traffic is coming down Walters Port. Walsh noted construction traffic for the Dunkleys' project must go down Walters Port but that the construction traffic for Eric Vogstrom's project can go down either Pence or Walters Port. Vogstrom stated most have come down Walters and that they are taking this seriously. Dunkley stated the subcontractors have all been talked to. Crosby stated as someone who lives in the area,he believes they have gone to good effort with the signage but sometimes construction people do not follow instructions. Crosby suggested they perhaps have someone blow the roads clean every week. Crosby suggested Eric have the subcontractors drive down Pence for his project and that he should also think about having some type of turnaround for vehicles. Crosby stated while the signs are clear as day, not everyone follows instructions. Vogstrom stated now that the road restrictions have been lifted,they have removed a big pile of dirt, which provides more of a turn-around. Walsh asked if anything else has occurred in the last three weeks. Curtis indicated she has not received any reports from the City inspectors or neighbors. Printup stated there are a couple of things going on here. The contractors do not live here but they are here to do a job and do not necessarily follow instructions. Printup commented this does not come as a surprise. Crosby stated the signage is large and in his view they have gone to great lengths to mitigate the issues. Greg Hueler,2715 Pence Lane, stated he appreciates their adherence to City Code on the Bollis application, but that he is not sure where things went awry with this application since the City Code Page 10 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. appears to have kind of been made a joke of. People are doing things with permits and without permits and that it has been fascinating to see the City's response or lack of response to it. Kelly Hueler noted the City Council's whole road has not been destroyed to the point where they can hardly use it. Hueler asked whether they are aware of the court's decision on the driveway since it is a public document. Hueler stated they were sued for some declaratory judgment on their easement, which is part of the title to their property. The judge declared every single claim that the Dunkleys tried to make was denied. Even though the Dunkleys are barred from any access to Walters Port through that driveway easement,they have been using that driveway for heavy construction vehicles even after they were told by the courts and City Staff. After the plat was filed,the amount of traffic has continued and the driveway has been used. What Mr. Crosby says he has observed is not true. Greg Hueler noted earlier today they were moving dirt down their driveway. Kelly Hueler stated all Saturday heavy equipment drove down their driveway and their big steel wheels are tearing up the driveway. The workers took dirt from Eric's address, went out onto Walters Port,and did land alteration around the entire marsh. Hueler asked whether they have a permit for land alteration around the marsh. Walsh noted he cannot solve what happened in the past but that they are addressing what is going on currently. Kelly Hueler noted that work has been done within the last three weeks. Greg Hueler suggested some type of permanent stone retaining wall from the corner of Eric's property to the marsh be constructed Kelly Hueler indicated she has videos from just the other day and the weekend before of construction vehicles going up to the Dunkleys' property on Pence. What has been represented here tonight is the same thing as Mr. Dunkley getting up here and saying the Huelers have no rights except to cross over his land,which has been denied by the court. Walsh noted in the last three weeks Staff has indicated they have received no calls from anybody. Curtis stated development grading has started up again with the excavation of Mr. Vogstrom's basement. The development grading is for the Pence Lane work. Different permits have been approved related to the plat, and if the work is related to the plat,that work is permitted. Kelly Hueler asked if the City can permit Mr.Vogstrom to use equipment down the shared driveway to Walters Port when the court has said there is no access. Mattick noted the City is not here to enforce the court order and that there are two issues at play. The first is the court order and the other issue that they are here on today is the actual permit the City issues. If the Vogstroms bring equipment down to the undeveloped lot,they are allowed to use Pence Lane. Kelly Hueler noted they are not allowed to use Pence Lane to bring equipment down to the Dunkleys' property. Page 11 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. Mattick stated he wants to clarify that she is talking about the court order and that they are here tonight to deal with the permit,which talks about when Pence Lane gets to be used and when they get to use Walters Port. Hueler commented it is her belief the court order is consistent with the permit. Walsh stated if people are coming to do work on the plat,they can come down Pence or Walters Port. Walsh stated the City cannot monitor what work is being done where,but if they are doing work on the plat,they can utilize either road. Currently there is work being done on the Dunkleys' house, Eric Vogstrom's property, and the plat. The Dunkleys are only allowed to use Walters Port for their work and the work on the Vogstrom property and the plat can use either road. Kelly Hueler asked who is going to pay for the damage to their driveway. Hueler noted they could have been using Walters Port 100 percent of the time but that they have been using Pence Lane. Hueler noted the City approved the plat and issued the permits but yet they are claiming they have no responsibility for what is being done to their shared driveway. Mattick stated the record will say if you broke it,you pay for it. Kelly Hueler stated they are here about the City's obligations and the City's requirements. Hueler stated what they are experiencing in real time is not what is being represented here and that she regularly watches people come in and drive down their driveway. Walsh noted the contractors are still working on the plat work and that they get to use both roads. Walsh stated a wall could be a reasonable solution once the plat work is done but that right now he is trying to lay out the facts. Kelly Hueler asked whether all the construction vehicles that have been going down the shared driveway is permissible even though the work is being done on Walters Port and whether that is acceptable to the City. Walsh reiterated the work taking place at the Dunkleys' property has to use Walters Port,the work on Eric Vogstrom's house is supposed to use Pence Lane, and if they are working on the plat,they can use either road. Kelly Hueler stated that is the City's position but not the court's opinion. Mattick stated the Huelers can enforce that court order. Curtis asked what the timing is on the completion of the portion that is depicted on the screen of the plat grading. Vogstrom indicated that work will probably continue for about three weeks. Vogstrom noted this is the Hueler's land and that they do not have a shared driveway. Dunkley noted they have a 600-foot easement. Page 12 of 21 i MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. Vogstrom stated all the property owners on Pence Lane have a one-third interest to the gate. As soon as you go past the gate, it is 100 percent his property. Dunkley stated the order the Huelers are talking about is not entered, is not docketed, and is being appealed. Dunkley indicated she has lived here 35 years and that they have affidavits from every one of their previous neighbors stating that no work has been done on that road for more than 30 years. The Hueler's expert witness has stated that a road in Minnesota lasts between 25 and 30 years. Walsh noted all construction vehicles are supposed to come down Walters Port for the Dunkleys' project. Dunkley stated that is absolutely correct and that they will make sure of that. Walsh stated what he is trying to find out is how much plat work still needs to be done in the area where the Huelers suggested putting a wall. Vogstrom stated he still has to put in his footings and foundation and then backfill. Vogstrom stated he anticipates the work will take over a month and that they are trying to balance the dirt on the lot so they will not be doing any final grading at this time. Vogstrom indicated they will do it the quickest and fastest way possible and that they are not trying to drag this out but neither is he going to spend extra money to get it done quicker. Walsh asked how Staff feels about this. Curtis stated she was hoping they could reach a middle ground and that the issues with driving through the two properties should be solved. Johnson asked what temporary options there are. Dunkleys noted their house will be done in three weeks. Vogstrom stated in his view that is no longer an issue since the signs have been installed and all the subcontractors have been notified. Johnson stated the question was whether there is some sort of temporary barrier that can be put in. Vogstrom stated he is going to have people coming in every day for the next year and the Dunkleys' house will be done in the near future so construction vehicles will not be going in there. Vogstrom stated to his knowledge there has not been a problem the last three weeks and that he does not know what a barrier is supposed to do. Rief stated if it is going to be three to four weeks to finish the plat work,perhaps it would be reasonable to put up some erosion fencing in through there to help delineate it. The fencing could be removed at the time the final grading is done and could extend from the corner towards the lot line. Dunkleys noted a retention pond is going in. Vogstrom stated the Huelers do not want anyone accessing down Pence Lane. Page 13 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. Curtis indicated there is not. The grading that is shown appears to be flattening that area, and with the dirt that is being done, it might look like an opening down to that area,but the City has not approved anything that would be another access point. Walsh noted Staff is seeking guidance on how to best address the issue with the construction vehicles and that the Huelers say it should be apparent to Staff that the Dunkleys have not been complying with conditions. Walsh asked what solutions the City has. Mattick stated it does appear that contractors, due to habit or lack of knowledge, appeared to have continued to use Pence Lane once the final plat was filed, but that since that time Eric has sent out notices to all the contractors. Walsh stated you could argue that best practices are being used. Mattick stated it does appear that there are still issues on Pence Lane, and what is difficult about that is that Eric is bring some contractors down to look at his property via Pence Lane. The court order is not before the City Council and what the City has jurisdiction over is the permit. To the extent Eric has contractors on Lot 2,that is allowed under the city permit. When construction starts on Lot 2,those vehicles are also allowed to use Pence Lane. As far as damage goes,that is not a public road so the City would not be involved in that. Ultimately that will be between the Huelers and whoever does the damage. In terms of the overall grading work, additional controls granted allow that to occur. If the City feels like that needs to be restrained in terms of access,the City Council can look at that. The Huelers do have an easement and they have a reasonable right to use it. Mattick stated there is no easy solution but that an erosion fence may help to curb some of the construction traffic that is not supposed to be using that area. Mattick noted all construction traffic for the Dunkleys' project is not to use Pence Lane. Walsh asked whether the City Council has the ability to revoke the plat. Mattick indicated the City Council does but that the punishment needs to fit the crime. At this point there are simply some access issues. Walsh stated the City needs compliance with whatever solution is arrived at, and that they could put up a silt fence to help address the problem. Walsh stated while the fence may not stop people who are coming down the road,they would have to back up once they reach the fence, and the second time they won't come down. Crosby asked if they are still moving dirt in that area to take care of Eric's lot. Curtis indicated she is unaware of where they are at in moving the dirt. Crosby stated if there is a time frame set to accomplish that work and they put up a privacy fence or something of that nature,at that point, if it gets violated,the City goes to the next step. Walsh stated that is essentially just putting more time frames out there that may not be complied with and that in his opinion they should be able to find a place to put a fence that can be verified by the city Page 15 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. inspector. If they are moving dirt and that fence needs to be moved, an erosion fence would be easily enough moved. Walsh commented there is no magic silver bullet to this situation but that the City cannot make them build a wall. Rief asked if it would be reasonable to ask that when the workers switch from doing foundation work to doing plat work that they notify the City so that information could be conveyed to the Huelers. Walsh stated in his view that would be a reasonable expectation. Mattick stated the bottom line is,the City is spending a lot of staff resources to figure out what is going on in terms of construction,and to that extent,those types of communication would help. Walsh stated there is a very specific plan that needs to be done. Walsh asked whether Staff is okay with the solution that is being proposed. Curtis stated instead of fencing along the corner,they could place it along the common property line since the contractors will need room to park on the Dunkley property. Rief stated if there is a 10-foot wide flat area that they could drive through,they will do it,and that perhaps they could bring the fence down to the wetlands. Vogstrom indicated he has a bunch of dirt and they are in the process of moving it. Basically the fence would be in the way. Vogstrom asked whether he can go on the Dunkleys' property if the Dunkleys are okay with that. Barnhart stated Mr.Vogstrom has permission to grade according to the grading plan and that the City is suggesting a fence be put up to delineate the property line. Vogstrom asked whether he can go on Dunkleys' property if he has their permission. Curtis questioned why that would be necessary. Vogstrom stated for maneuvering it is easier and quicker. Walsh stated they are trying to solve a problem here that the City did not create and that the City is going to have to do more work to enforce. Walsh asked where Mr.Vogstrom would put the fence. Vogstrom noted the Huelers do not want them coming in Pence. Walsh stated the City Council feels a fence needs to be erected and that they are trying to figure out where the fence should go. Walsh stated if there is some work that requires the fence to be taken down, it can be taken down temporarily, but then it should be put back up. Curtis asked why they could not complete the grading in the area of the fence first and then erect the fence. Page 16 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. Vogstrom stated they potentially could do. Walsh asked what the next step would be if the fence is not put up. Mattick stated if they are violating the terms of the approval,the work can be stopped. Walsh stated the problem is that weeks have gone by and that the City wants a solution. The solution that has been discussed tonight is a fence,which requires the City to do extra work to ensure it is put up and stays up. Walsh stated it sounds like that is a workable solution for the most part and that the city inspector will go out there in 48 hours to make sure it is up there or else a stop work order will be issued. Crosby stated the more delays that happen,the longer the project gets dragged out and that this project has taken way longer than it needs to. Crosby suggested the City give them a two-week opportunity to move the dirt properly and then they put the fence up. If the City says do not move the fence once it is up and it is moved,they will be in violation. Walsh moved,Johnson seconded,to require a fence be erected within 48 hours along the Vogstrom and Hueler property line. VOTE: Ayes 4,Nays 1,Crosby opposed. (Recess taken from 9:00 p.m.to 9:05 p.m.) CITY ADMINISTRATOR REPORT 27. CITY MISSION,VISION,AND GOALS Rief noted at the January work session Staff presented variations of a mission statement,vision statement, and a list of goals. The proposed mission statement reads as follows: "The City of Orono will provide effective guidance through public policy established from citizen involvement,by empowering Staff to implement best practices to prepare Orono for any challenges of the future and by ensuring a positive customer experience, superior municipal services and provide a safe community for the residents, businesses, and customers to live,work and play in." The proposed vision statement reads, "To be the residential community of choice and remain widely recognized for its preservation of natural rural beauty, quality of life, and recreational assets." To support the mission and vision,the goals are proposed as follows: 1. To provide consistent high levels of customer service to our residents and balance the enforcement of city codes. 2. To maintain sustainable funding for infrastructure while maintaining a stable tax levy. 3. To create a culture of continuous improvement by providing efficient and reliable government services. 4. To adopt best practices into city processes to ensure the high-quality services are provided in an ever-changing environment. Page 17 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. Walsh noted the City Council discussed this at a work session and it is their belief it fits pretty well with the City's overall philosophy. Crosby moved,Printup seconded,to approve the city mission and vision statements and goals. VOTE: Ayes 5,Nays 0. 28. PROPOSAL TO PURCHASE PID#34-118-23-32-0051 Rief stated the City of Orono owns Parcel ID 3411823320051 located between 340 Willow Drive and the Long Lake municipal boundary on the east. A interested party was looking to do a development on these three parcels. During that process, Staff identified this lot as being city-owned and the party is here tonight to ask what the Council's opinion is of the lot. If the Council is interested in possibly selling this lot,the second step would be to determine pricing for the lot. Walsh noted the developer has not brought forward any formal proposal, so discussion on this item might be a little premature. Walsh suggested the developer bring a proposal forward and then the City Council can discuss it. Walsh noted the City's donation garden is located on that property and that he would like to hear from that group tonight as well as in the fall. Walsh commented the community garden is a great asset. Printup noted previously there was a proposal for some density housing for this area,which was not too different from what is being proposed. When that area was developed,there was an Option 3 in 2011, which was to designate the city-owned property as a park. Printup stated it was important to him at that time to call that piece of land a park. In addition,the City has a vision statement that they just approved tonight. Printup stated while that area is very small, it is still one of Orono's parks,and he is not interested in selling city land in general because it opens the City up to different things. Printed noted there was a license agreement for the community garden but that agreement was not included in the packet that was delivered prior to the weekend but it has been made available today. That license agreement is in place until 2022. While the City still has ownership of the land and can pull that agreement with 90 days' notice, he would like to extend the agreement past 2022,which would make a bold statement that the City is not interested in selling this piece of land. Crosby noted the fire department also utilizes that parcel for training purposes and that he agrees with Council Member Printup. The residents of Orono want open space and the City can control what happens on city-owned land. Crosby asked what would stop the City of Orono from calling it the Fireman's Park to honor past firefighters who have served the Orono community as well as keeping the community garden. Seals stated the City Council should be completely bold and say they are absolutely not interested in selling the land. If the City has to have high density, that can be done along Old Highway 12, and that the City Council does not have any intention of letting the density creep. Seals indicated she was a little taken aback when the City of Long Lake showed her this plan and that the City Council should make it clear that they want certain areas left as open, green spaces, and place higher density elsewhere. Barnhart stated from a land use perspective,the City has identified this area for medium density housing. While the Council has the ability to dictate land use, if this area remains green space, it will be necessary Page 18 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. for the City to designate another area for higher density. The density for this area is currently 3 to 10 units per acre. Seals moved,Crosby seconded,to deny the sale of Parcel ID 34-118-23-32-0051. Johnson noted it looks like some staff time has been invested into looking at this potential sale, and the best use of Staff time might be to find out whether the City is interested in selling it first before devoting any more Staff time to it. Walsh noted the City Council will look at any proposal that is brought forward and that a cursory review might be appropriate,but that City Staff does not have a lot of time to devote to reviewing requests for things that are not formal proposals. VOTE: Ayes 5,Nays 0. Janie Delaney, 1350 Wooddale Avenue,noted a 501(3)(c)was formed in 2018 so they could take the garden in a different direction and get more community support, financing and donations. That has made all the difference in the world. A number of amazing people started the garden in 2011 and this garden would not exist without them laying the groundwork for it. Delaney stated they soon found out that the donated money was being used to purchase seeds and plants, which is not wrong,but that they are now soliciting donations for that. Delaney noted they have a fantastic website called donationgarden.org, which has a lot of great information on it, and that they would love to come in the fall to show the City Council all the things they do out there. Delaney stated they are excited about the donation garden and that it took them about two years to rebuild relationships with local businesses. Delaney indicated they are in agreement with expanding the garden to a community type garden and that she knows there are other fire departments that grow pumpkins for the kids and that type of stuff. Delaney commented the world is at a precipice of a huge societal change and that more people now live in cities,are rushing to various activities daily, and eating on the run. Most cities do not provide alternatives to that type of lifestyle and that it is important to have a venue, a plan,and local support for food and farming. One way to start is by having a community garden where kids can learn how to grow crops. The City of Maple Plain has a community garden,which serves the Sparks program at Orono Schools. There needs to be support like that in Orono. There is enough space for a school garden to provide produce to the school's lunch program and other programs can be contacted for support and guidance. Margaret Mead once said, "Never doubt that a small group of thoughtful citizens can change the world; for indeed it has." Delaney noted currently only three-quarters of the garden is farmed and that can be expanded as the interest grows. Walsh stated the whole idea of a community garden is a great garden and that he would suggest the Park Commission get involved and that perhaps a meeting could be set up with the City Administrator and a representative from the Park Commission to assist them. Page 19 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday,MAY 13,2019 7:00 o'clock p.m. Johnson suggested some articles on the garden be included in the City newsletter. Printup moved to extend the license agreement for the community garden past 2022. Printup noted the agreement is currently renewed every five years. Rief asked whether Staff should bring the license agreement back before the City Council in case they would like to make any other changes. Mattick suggested it be discussed at a work session. THE ABOVE MOTION WAS NOT SECONDED. Rief stated based on his notes for the work session,they will be reviewing city parcels,the Crystal Bay Road situation,this parcel, and then the Comprehensive Plan relating to density. MAYOR/COUNCIL REPORT 29. HR EVALUATIONS DISCUSSION Johnson stated one of their proposals was to do an evaluation with City Administrator Dustin Rief and get some feedback from some of his reports. Dustin suggested they get full Council support on doing an evaluation and then to have a full Council vote on recommending that an evaluation be done by reaching out to his subordinates and indirect reports. Walsh stated Johnson and Seals will be acting as a team for that project. Seals stated they would like to have evaluations completed by his subordinates and then Dustin complete the same evaluation. Seals indicated that information would then be sent to the City Council. All evaluations would be anonymous except for Dustin's. Mattick noted the City Council can hold a closed meeting to discuss an evaluation of an employee but that it is recorded.The employee can request a copy of that recording. Seals commented she comes from a culture where they do evaluations twice a year and that currently the City of Orono does not have a robust evaluation system in place. Walsh moved,Crosby seconded,to appoint Council Members Johnson and Seals to the evaluation committee. VOTE: Ayes 5,Nays 0 MAYOR/COUNCIL REPORT,CONTINUED Johnson noted he will not be in attendance at the next City Council meeting. Crosby reported he attended the dedication of the Wayzata Police Memorial earlier today where they specifically honored Police Sergeant Anderson and Officer Matthews. Sergeant Anderson was shot in the line of duty and Officer Matthews was hit by a car while cleaning debris off the road. Crosby stated our thoughts go out to those two families and the law enforcement community. Page 20 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETEING. Monday,MAY 13,2019 7:00 o'clock p.m. Printup had nothing to report. Seals reported she received a text from the Long Lake Fire Department indicating that they made a donation to the Orono girls soccer organization. The Orono/Westonka blitz was held this past weekend and they made $25,000. Seals stated it was a nice kickoff for the community and a great boost to the soccer program. Walsh reported he attended the annual Lake Mayor meeting sponsored by Commissioner Jan Calliston. Updates were provided on the development going on around the different cities. Also discussed was the LMCD and who supported the legislation or did not sponsor the litigation. CITY ATTORNEY REPORT Mattick stated he had nothing to report. CITY ADMINISTRATOR REPORT,CONTINUED Rief stated the City has not received the testing back yet on the Navarre water and that he hopes to receive it tomorrow. A letter will be sent to the Navarre residents. So far the City has only heard from one resident. Johnson stated he would like to receive some more information on how many cases are being prosecuted for ordinance violations. Mattick stated he is aware of one case being farmed out due to conflicts, and if there is a desire to receive updates on various cases or the number of tickets issues,that is information the city prosecutor would have. Rief noted he did receive an update and that he can pass that information along. Walsh noted the City Council did request a yearly update at the time the city prosecutor was hired. ADJOURNMENT Printup moved, Seals seconded,to adjourn the meeting at 10:03 p.m. VOTE: Ayes 5,Nays 0. ATTEST: Y Anna Carlson, City Clerk Dennis Walsh,Mayor Page 21 of 21