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HomeMy WebLinkAbout07-08-2019 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 8,2019 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, Aaron Printup, Matt Johnson, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, Public Works Director/City Engineer Adam Edwards, Assistant City Attorney David Kendall, and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m. Crosby stated it was brought to his attention that the City of St. Louis Park had voted and decided not to say the Pledge of Allegiance at their City Council meetings because they were concerned about offending people. Crosby stated the flag and pledge represent something to each one of us. Walsh commented he grew up in St. Louis Park and that he was a little bit embarrassed that the people on the City Council do not believe in saying the Pledge and that it is not welcoming. The last five words of the Pledge of Allegiance are liberty and justice for all. America is the only country in the entire world that can say they have that for all its citizens and taking away that right is an affront to all the people who have fought and died for this country over the last 200 years. There is a meeting tonight to reconsider that decision. Walsh stated he has had a few constituents call him that grew up in St. Louis Park and they were embarrassed as well of someone taking away that privilege. America is the greatest country in the world, and no one should be ashamed of the Pledge of Allegiance,especially when it includes the words liberty and justice for all. Walsh stated he hopes the St. Louis Park City Council changes their mind. 1. APPROVAL OF RESOLUTION TO RECITE THE PLEDGE OF ALLEGIANCE AT ORONO PUBLIC MEETINGS—RESOLUTION NO. 6995 Crosby moved,Printup seconded,to adopt RESOLUTION NO. 6995, a Resolution to Recite the Pledge of Allegiance at all Orono Public Meetings. VOTE: Ayes 5,Nays 0. The Pledge of Allegiance was recited. APPROVAL OF AGENDA CONSENT AGENDA 2. CITY COUNCIL MEETING MINUTES OF JUNE 24,2019 3. CITY COUNCIL WORK SESSION MINUTES OF JUNE 24,2019 4. CLAIMS/BILLS 5. MILL AND OVERLAY- BRACKETTS POINT ROAD 6. APPROVAL TO COMPLETE SURVEY AND DESIGN WORK FOR BIG ISLAND PARK Page 1 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 8,2019 7:00 o'clock p.m. 7. LA19-000032—JOHN ADAMS ON BEHALF OF GREGG AND DENISE STEINHAFEL, 2265 NORTH SHORE DRIVE,WETLAND ALTERATION AND REZONING: REMOVAL OF WETLAND FROM WETLAND OVERLAY DISTRICT—RESOLUTION NO. 6996 8. LA19-000036—BRENT TEELE,577 PARK LANE,VARIANCE—RESOLUTION NO. 6997 9. LA19-000037—TODD AND KATHRIN LONG,565 HANLON AVENUE,VARIANCES— RESOLUTION NO. 6998 10. LA19-000038—GREGG KATCHMARK, 140 LEAF STREET,VARIANCE— RESOLUTION NO. 6999 11. LA19-000043—VUJOVICH DESIGN-BUILD ON BEHALF OF JOANNE PASTEL, 951 SPRING HILL ROAD,VARIANCE—RESOLUTION NO. 7000 Crosby moved,Printup seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS None PRESENTATION 12. ANNUAL TOUR DE TONKA—TIM LITFIN Tim Litfin stated he is here tonight to talk about the 2019 Tour de Tonka,which is being held August 3, and that he would like to thank Orono Staff and the Orono Police Department for helping with this event. Due to severe thunderstorms,the event had to be cancelled in 2018, which was the event's first cancellation in 13 years. Over 600 volunteers help make this event happen and people from 74 counties in Minnesota participate in the event. In addition,riders come from almost every state in the country. The top participating community is Minnetonka, followed by Minneapolis, Eden Prairie, and then Plymouth. Orono is number 38 on the list. Overall 65 percent of the ridership is male and the 50-to 59-year-old category tends to be the most popular. The event helps raise money for the food shelf and youth programs. Some of the cities riders travel through are Chanhassen, Deephaven, Eden Prairie, Greenwood, Long Lake,Minnetonka, Mound,New Germany, Shorewood,Tonka Bay, Waconia, Wayzata,Chaska,Delano, Excelsior, Independence, Mayer, Minnetrista,Navarre, Orono, Spring Park, and Victoria. The local fire and police departments in each city help ensure the safety of the riders. Distances available to the riders are 16, 30, 36,48, 57, 62, 71, and 100 miles. There are six rest stops along the way, including one in Orono. Registration opens on March 1 and remains open until the day of the event. Overall at this time of the year registrations are higher than in years past. Page 2 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 8,2019 7:00 o'clock p.m. Litfin stated a number of sponsors help make this event possible, including UnitedHealth Care, Dominos, Maple Grove Cycling, Bridgewater Bank, and Park Dental, among many others. Litfin stated he appreciates Orono's support of this event. The Orono City Council took no formal action on this item. PLANNING DEPARTMENT REPORT—JOHN THIESSE,REPRESENTATIVE 13. LA19-000039—BRANDSETTER CARROLL,INC., ON BEHALF OF CAMP TEKO,645 TONKAWA ROAD, CONDITIONAL USE PERMIT AND VARIANCES Rick Parker, Brandsetter Carroll; and Rabbi Zimmerman, Temple Israel, were present. Oakden stated this is a proposed Master Plan for Camp Teko. The applicant is requesting a conditional use permit to intensify and expand the existing camp use and variances for hardcover and a building in the 75-foot lakeshore setback, buildings within the 30-foot bluff setback, and a variance from the one-year deadline for the proposed master plan. Camp Teko has been operating in Orono since 1965 and is located in the LR-1B zoning district on a 17.96 acre parcel with approximately 1,500 feet of shoreline. The applicant is requesting the following approvals: 1. A conditional use permit for intensifying/expanding the existing camp use. 2. A variance for hardcover and building within the 75-foot lakeshore setback for a replacement storage shed. 3. A variance for improvements in the 30-foot bluff setback for proposed new pavilion and two new program cabins. 4. A variance from the one-year expiration date to allow for implementation of the Master Plan to happen in phases beyond four years. If the CUP is in use and the proposed improvements align with the Master Plan, any variance approvals should be approved with the Master Plan. Camp Teko has submitted a Master Plan for the camp with multiple improvements. These include a new program center, program cabins, waterfront improvements, changing rooms, parking, a welcome center, a maintenance building, entrance monument/gates, cabin renovations, leader lodge, a pavilion, program platforms,new shelters,restrooms, and a new trail and path network. The applicant is proposing to implement the Master Plan in phases. Phase one consists of construction of a program center, program cabins, some trail improvements, and the changing rooms. The applicant is requesting the necessary approvals to implement the master plan. The goal is to review the proposed submittals; and if approved,would allow the issuance of building permits in the future provided they align with the Master Plan. This process would allow for the review and permitting process to be streamlined and lessen the burden on the applicant. The proposal meets the required yard setbacks for all new buildings and additions,the wetland setbacks, and the average lakeshore setback. There is currently a boat house, a storage shed,and part of a cabin located within the 75-foot lake yard. The new, larger storage shed, however, does not meet the lakeshore Page 3 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 8,2019 7:00 o'clock p.m. setback and would require a variance. There are currently multiple cabins located within the bluff impact zone and bluff setback. The plan proposes removing all of these buildings. The proposed plan also includes a new pavilion on the same footprint of an existing cabin within the setback. It is also showing two new program cabins within the setback. The proposed buildings will all be outside the 20-foot bluff impact zone but are proposed to be within the 30-foot bluff setback. The new buildings do not meet the bluff setback and would require a variance. Camp Teko serves 60-160 campers at a time. The applicants have evaluated their parking needs and have stated that as the camp exists today, all parking needs are met with the existing gravel lot. The existing gravel parking lot is much smaller than compared to the new proposed parking areas. The proposed plan shows 60 total stalls,which the applicant believes will be more than adequate to accommodate the daily camp operations. There are no specific parking requirements for nonprofit or religious camps. Staff did perform an analysis of the parking under two different guidelines. Churches, auditoriums, and undertaking establishments require at least one stall for each four seats. Staff determined that there is a maximum capacity of 240 people in the main assembly hall,which would require 60 parking stalls. A community center,post office,YMCA, YWCA, physical cultural studios,pool halls, libraries,private clubs, lodges and museums require one stall for each 300 square feet of floor area in excess of 2,000 square feet of floor space. The main assembly hall is 9.440 square feet, which would require the facility to have 35 total spaces, which is met. No hardcover is permitted within the 75-foot lakeshore setback. The applicant is proposing a new storage shed and a new changing room building where no hardcover is permitted. City Code only currently permits one lockbox no greater than 20 square feet in area and no higher than 48 inches in height. Aside from the 100-foot setbacks from exterior property lines,the Code did not contemplate separate regulations for properties at the scale of the subject camp use where the storage needs for equipment, including lifejackets and water toys,is more substantial. No buildings or structures are permitted within 30 feet from the top of the bluff. The three new buildings are proposed to be placed outside the bluff impact zone, which is 20 feet from the front top of bluff, but they are shown to encroach in the 30-foot bluff setback. Staff has included an analysis of the practical difficulty and conditional use permit in its report. Staff finds that the Master Plan meets all the requirements for a conditional use permit. The bluff area covers most of the shoreline limiting the accessibility and use of the property. The proposed storage shed within the 75-foot lake yard would be used to house lifejackets, paddles, and lake use accessories, consistent with water-oriented storage,which is permitted to some extent. The buildings proposed in the bluff setback are shown to be built on stilts to give a treehouse cabin feel and protect the grading and bluff area. The overall proposed Master Plan is using the land in a reasonable manner and takes into consideration the unique characteristics of the property. The variance from the one-year action on the different components of the Master Plan appears appropriate in this situation since the applicant has developed a comprehensive Master Plan intended to take years to fully implement. Staffs report outlines the current conditions of the Conditional Use Permit. Page 4 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 8,2019 7:00 o'clock p.m. The Planning Commission reviewed and discussed the project at their June meeting. The applicants clarified intent and scope for the improvements. The Commission seemed comfortable with the general improvements to the camp and the increase of camper population to 200. The Commissioners questioned the need for the bluff encroachment and some Commissioners questioned the need for the storage building at the lake. Ultimately the Commission voted 6-1 to recommend approval of the following: 1. 200 student enrollment. 2. A storage shed near the existing storage shed within the 75-foot lake yard. 3. Approval to extend the variance and conditional use permit timeline to allow five years instead of one year. The Commission did not recommend approval of the proposed encroachments into the bluff setback. The City Council should consider the issues outlined in the Staff report. If the City Council is in agreement with the Conditional Use Permit for the Master Plan, each variance request can be reviewed separately. If the Conditional Use Permit is denied,the requested variances should be denied as well. Sample motions are included in the Staff report. Rabbi Marsha Zimmerman stated she is the senior rabbi at Temple Israel and their organization is now 141 years old. Temple Israel has owned Camp Teko for the last 54 years and before that it was a Boy Scout camp. Temple Israel believes in the power of giving young people a camp experience because they know two of the top Jewish traditions or experiences are camping and a trip to the Jewish State of Israel. Temple Israel believes Camp Teko provides the children with a strong identity and teaches them the strength of independence. As it relates to the intensified use,they would like to use Camp Teko more often. The strategic plan developed in the past two years identified that the use of Camp Teko is very crucial and important and it should be used more. Currently Camp Teko is limited to 165 campers because of the possibility of inclement weather and there is a wait list because the available slots fill up within two weeks. The congregation would like to include more campers. Currently 40 percent of campers come from the congregation and 60 percent from the wider community. Richard Parker, Brandsetter Carroll, indicated he is a specialist with camp planning and has been doing it for approximately 40 years. Parker stated the way they look at planning for these projects is to understand and support the experience of the campers as a basis for development so everyone can enjoy the property and the program. Walsh noted he attended the Planning Commission meeting and that this is a great site for the camp and that he agrees with the findings of the Planning Commission. The 0-75-foot zone is a standard that the City upholds quite stringently, and the applicant should be encouraged to redo that storage shed. Walsh stated he also agrees with the recommendation to stay out of the bluff setback and that he would be comfortable with the five years. If there is some deviation from the plans,he would give Staff some flexibility to work with the applicant as long as there are no major issues or changes to the plan. Page 5 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 8,2019 7:00 o'clock p.m. Printup stated Camp Teko has been a really good and quiet neighbor over the years and that he supports what the Mayor said. Seals stated for a long time she did not realize a camp existed on this property even though she drove by it regularly and that they are good neighbors. Crosby commented it is a great camp. Walsh moved, Seals seconded,Application No. LA19-000039,Brandsetter,Carroll,Inc.,on behalf of Camp Teko, 645 Tonkawa Road,to direct Staff to draft a resolution approving expansion of the Conditional Use Permit and granting a variance from the one-year expiration date to allow for implementation of the Master Plan to happen in phases beyond four years. VOTE: Ayes 5,Nays 0. 14. LA19-000040 L. CRAMER BUILDERS & REMODELERS ON BEHALF OF PELICAN MARCH TRUST,3280 FOX STREET (LA, B1,MAXWELL BAY ESTATES)—RESOLUTION NO. 7001 Greg Jurvakainen, L. Cramer Builders, was present. Curtis stated the applicant is requesting an interim use permit to export approximately 4,000 cubic yards of material from the property in conjunction with construction of a new residence. The applicant is not proposing to change the grade but rather to remove excess material from the site. The Planning Commission held a public hearing at their June meeting on this application. Following the public hearing,the Planning Commission voted 6 to 1 in favor of a motion to approve the requested Interim Use Permit. The dissenting commissioner expressed some concerns regarding the private road. Staff recommends approval of the IUP in accordance with the City Engineer's requirements associated with the building permit. Staff further recommends the applicant be required to provide photo documentation of the condition of any of the City's roads on the route prior to hauling. Repair to any damaged City roadway will be the responsibility of the contractor. Staff is not requiring a similar condition for the portions of the private roadway as the City cannot repair the road as a default remedy, nor can it collect money such as a security from a private party and give it to another private party. Johnson asked if the route has been established. Curtis indicated it has and that the applicant could address that further. Greg Jurvakainen, L. Cramer Builders, stated the fill is going to Hopkins and that the planned route is Fox Street to Old Crystal Bay Road,then County Road 12, 1-394, and 494 to Hopkins. Crosby asked if it would be better to go from Fox to Orono Orchard since that portion of Fox has just been improved. Curtis noted Orono Orchard would be a city road. Rief stated Staff is attempting to keep the route on MSA roads. Page 6 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 8,2019 7:00 o'clock p.m. Walsh asked if the route has been documented. Curtis indicated that route has been submitted as part of the application and that it can be added to the resolution. Walsh requested that be added to the resolution. Crosby moved,Printup seconded,to adopt RESOLUTION NO. 7001,a Resolution Approving an Interim Use Permit Pursuant to Municipal Zoning Code Section 78-1726,for the property located at 3280 Fox Street,with documentation of the route being included in the resolution. Johnson noted at the Planning Commission there was discussion about how the City has no control over the private road and that there was a question whether this lot is actually in a homeowners' association. Curtis indicated there is a cost sharing agreement that outlines how the shares work should this property be subdivided but there is not a homeowners' association. Johnson stated he just wanted to put that on the record and that he would encourage the developer to be in regular communication with the nearby residents. There were no public comments regarding this application. VOTE: Ayes 5,Nays 0. 15. LA19-000042—MATTHEW JASPER, 1929 FAGERNESS POINT ROAD, INTERIM USE PERMIT—RESOLUTION NO. 7002 AND ENCROACHMENT AGREEMENT Matthew Jasper,Applicant, was present. Oakden stated the applicant is requesting an interim use permit to export approximately 1,000 cubic yards of material as part of the construction of a new home. The applicant is also requesting an encroachment agreement to construct retaining walls in the right-of-way to address drainage on the property. In addition,the project proposes the construction of retaining walls in the right-of-way. The retaining walls are proposed to support the driveway and help mitigate runoff from the property down to the street. Any improvements in the right-of-way require Council approval of an encroachment agreement. Retaining walls support the existing drainage patterns on adjacent properties in this neighborhood, including the adjoining neighbor to the south. The Planning Commission reviewed and discussed the application and voted unanimously to recommend approval of the IUP request. The Planning Commission does not review encroachment requests. One written comment was received with concerns regarding runoff of water and drainage. Two adjacent property owners spoke at the public hearing expressing concerns regarding drainage in the neighborhood. The applicant is proposing to address these concerns by installing retaining walls to better direct runoff and to install a gutter system connected to a cistern in the rear of the property. The City Engineer will also be reviewing the building permit for the construction of the home as it pertains to grading. Page 7 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 8,2019 7:00 o'clock p.m. Walsh asked whether Staff or the City Engineer has looked at the retaining walls. Oakden indicated the City Engineer did comment that the retaining wall would help retain soil and direct some water in a different direction rather than allowing the water to run straight across the road to the other property across the street. In addition,the City Engineer will review the drainage closer to the time of building permit. Crosby asked how much fill is proposed to be remove. Oakden indicated it is just over 1,000 cubic yards. The lot is pretty steep and the fill is being removed to make room for a tuck-under garage. Matt Jasper, Applicant, stated the reason for the extra dirt being removed is to level the area and lower the area for the driveway and house. There are some existing retaining walls and the plan is to keep it similar to that. If there are no retaining walls, more dirt would need to be removed. Jasper indicated he will also be adding a 1,500 gallon cistern on the back slope of the house and will run the gutters into that,which will help with the runoff as well. Jasper stated a lot of the work is to make it more visually appealing and assist with the drainage. Jasper indicated he did not want to bring the retaining walls too close to the road because he wanted to leave room for snow removal. Walsh noted since the retaining wall will be located in the right-of-way,the City is not responsible for repairing it, and if some work needs to be done in the right-of-way,the City has the right to remove that. Since the retaining wall is being put in to help with the water,the City would require the property owner to maintain it, and if something is removed, it will have to be rebuilt or repaired. Jasper stated he promises he will maintain the retaining walls. Walsh recommended a requirement that the retaining walls be maintained and retained be included in the resolution. Barnhart suggested adding the language"or another method approved by the City"to the encroachment agreement. Printup moved, Crosby seconded,to adopt RESOLUTION NO. 7002, a Resolution Approving an Interim Use Permit Pursuant to Municipal Zoning Code Section 78-1726 for the property located at 1929 Fagerness Point Road,with the language"or another method approved by the City" being included in the resolution.VOTE: Ayes 5,Nays 0. MAYOR/COUNCIL REPORT Johnson stated when viewing the Planning Commission meetings online, he has noticed the video operator does not pan the camera over to the overhead and that it would be helpful if they did that. Johnson stated he also would like to start a conversation about how complaints are handled by the City. Recently someone called the City with a complaint and they were instructed to go online to do that. That person happened to be driving in their car and drove past it and then called it in. Johnson stated he Page 8 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 8,2019 7:00 o'clock p.m. personally thinks the City should offer a variety of ways for people to file a complaint and that they should be able to either call, come in person, or do it online. Offering more options would provide a better level of service. Walsh stated they could perhaps be emailed the form. Rief stated they might not have a computer. Crosby agreed that it is a higher level of service,and if somebody has a verbal complaint, Staff can input it into the system. Barnhart stated the process starts with a complaint and that they are trying to get people to use the electronic system, which also allows the person to check on the status of the complaint. Walsh stated the question would be who would take the complaint. Barnhart indicated it would be a staff person and then that property would be assigned to an inspector. Staff would prefer they use the electronic system whenever possible. Crosby commented the resolution regarding the Pledge of Allegiance has very special. If our ancestors did not fight for our liberty and future,the City Council would not be having this discussion today,which is very important to think about. Crosby noted his daughter's boyfriend, Ben Nelson, is being deployed to Kuwait and probably Iraq with the Air Force Reserves. Crosby stated their prayers and thoughts are with him. Printup stated there is a segment of people who are attempting to erase America's history and it is important to remember our history. At times the silent majority stands up and defends that,which is what the City Council did with the resolution. Printup stated in his view it is important to stand up and speak up because there is a large number of people who support things like this, and if the City Council has the courage to speak up, others will have the courage to speak up. Seals stated she also has two brothers in the military and that the City Council did the right thing with the resolution. Seals reported she and Mayor Walsh attended the Park Commission meeting and that there was a discussion about how to make the golf course more useable year-round. The City has to do their best to make it heavily used. In December there will be a Christmas tree lighting ceremony and the Park Commission discussed lighting the hill for sliding and opening the clubhouse for small periods of time on the weekends as well as offer hot chocolate and coffee. The grand opening for sledding would be the night of the Christmas tree lighting. Seals moved, Crosby seconded, to direct Staff to develop a plan for sledding and lighting of the main hill at the Orono Golf Course,with refreshments being allowed, including beer,wine, and hot chocolate,commencing the night of the Christmas tree lighting in December. VOTE: Ayes 5, Nays 0. Page 9 of 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 8,2019 7:00 o'clock p.m. Walsh stated he would echo the comments of the Council regarding the Pledge of Allegiance and the resolution. Walsh commented it was a fabulous 4`''of July and that he went to Excelsior Commons and watched the fireworks from there. CITY ADMINISTRATOR REPORT Rief stated the City's road projects are nearing completion,with all projects having a base coat down, and they should be completed before fall. On the customer service side,the City has been receiving a larger number of complaints on items Mediacom has not been doing and Staff has been attempting to work through that. A complaint form has been included on the City's website and communications have been started with a representative from Mediacom. Crosby noted he has not had service for over a week since the power pole came down. Rief stated there are some violations of the agreement and Staff is working on trying to improve Mediacom's response. Residents have had to wait two to three weeks before they received any response. CITY ATTORNEY REPORT Assistant City Attorney David Kendall stated he had nothing to report. ADJOURNMENT Printup moved,Seals seconded,to adjourn the Orono City Council meeting at 8:02 p.m. VOTE: Ayes 5,Nays 0. ATTEST: / 1)1— �I Anna Carlson, City Clerk Dennis Walsh, Mayor Page 10 of 10