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HomeMy WebLinkAbout10-28-2019 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 28,2019 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 Matt Johnson,Aaron Printup, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Development Director Jeremy Barnhart, City Planners Melanie Curtis, Public Works Director/City Engineer Adam Edwards, 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 OCTOBER 14,2019 2. CITY COUNCIL WORK SESSION MEETING MINUTES OF OCTOBER 14,2019 3. CLAIMSBILLS 4. APPROVAL OF RENTAL LICENSES 5. THIRD QUARTER FINANCIAL REPORT 6. COUNCIL CHAMBERS TECHNOLOGY UPGRADE 7. APPOINTMENT OF 2019 SEASONAL EMPLOYEES 8. #851 PORTABLE GENERATOR REPLACEMENT 9. APPROVAL TO ACCEPT DONATION 10. APPROVAL TO DISPOSE OF UNCLAIMED PROPERTY 10A. RESOLUTION OF APPRECIATION FOR RICK M EYERS,PARK COMMISSION CHAIR,RESOLUTION NO. 7039 15. LA18-000038 JAMES AND MARY JUNDT, 1400 BRACKETS POINT ROAD, DEVELOPMENT AGREEMENT AMENDMENT NO.2 APPROVAL Printup moved, Seals seconded,to approve the Consent Agenda as revised,with the addition of Item No. 10A and Item No. 15. VOTE: Ayes 4,Nays 0. PUBLIC COMMENTS None Page 1 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 28,2019 7:00 o'clock p.m. PUBLIC HEARING 11. CERTIFICATION OF DELINQUENT BILLS: RESOLUTION NOS. 7035& 7036 Olson stated each year the City certifies to Hennepin County unpaid general accounts receivable in the amount of$50 or more to be collected with the following year's taxes. At this time the City has one invoice for a sewer connection fee in the amount of$5,250. Prior to issuing this invoice,the owner of the property requested the City consider special assessing the connection fee,which is a departure from normal. Staff informed the property owner that they cannot approve it but that the Council had to do it. As a result,the accountant issued an invoice in the amount of the connection fee,which has not been paid. Tonight the Council can either approve a special assessment with a three percent interest rate,which is similar to what has been done in recent assessments, or certify it as a delinquent bill, at which point it would be eight percent for one year and the property owner would likely just pay the invoice up front. Walsh asked if the City has ever done something like this in the past. Olson stated in the past the City had an illegal wetland that was filled, and the property owner claimed the City jumped the gun on fixing the violation. In that situation the City approved a five-year assessment at zero percent interest. There was also a property across the street where the City paid for their sewer connection and special assessed it to the property because the person was not able to come up with funding on their own. In that situation it was a leaking septic system. Johnson asked if there is a primary residence on the property. Olson stated there is. Johnson asked if this is a hardship situation. Olson stated if he remembers correctly,the property owner spent$30,000 getting the connection from the house to the City's sewer main. A sewer line was put in in the neighborhood,but this property was not included in that original project and then their septic failed. Edwards indicated they had received a failing septic service notice, and the options were to either replace the septic or connect to the city sewer. The property was already in the MUSA, and because there was an abutting sewer line,they asked whether they could connect to city sewer. The property owner is required to pay for the physical connection,and they asked if the fees the City charges could be assessed to them as opposed to a lump sum at the beginning. Walsh commented the City does not want to be the bank for anyone who requests some special service. Printup asked if Staff has a preference for how the City proceeds. Olson stated if it is not assessed over time, his understanding is that the property owner will simply pay it. Mayor Walsh opened the public hearing at 7:12 p.m. There were no public comments on this item. Page 2 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 28,2019 7:00 o'clock p.m. Mayor Walsh closed the public hearing at 7:12 p.m. Printup moved, Seals seconded,to adopt RESOLUTION NO. 7035,a Resolution for the Certification of Delinquent 2019 General Service Charges to Hennepin County for Collection with the 2020 Property Taxes and to adopt RESOLUTION NO. 7036,a Resolution Approving the Special Assessment of a Sewer Connection Charge.VOTE: Ayes 4,Nays 0. 12. CERTIFICATION OF DELINQUENT UTILITIES,RESOLUTION NO. 7037 Olson stated each year the City certifies to Hennepin County all unpaid annual service charges for the septic program,the recycling program, and all delinquent sewer and water accounts of$50 or more. Attached to Staff's report is a listing of properties that are delinquent as of Friday and they will have until November 22 to pay. The amount to be certified is $125,840.06. The City Council should hold a public hearing and vote approving the resolution. Mayor Walsh opened the public hearing at 7:13 p.m. There were no public comments regarding this item. Mayor Walsh closed the public hearing at p.m. Seals moved,Printup seconded,to adopt RESOLUTION NO. 7037,a Resolution for the Certification of Delinquent 2019 Water and Sewer Utility Service Charges,Recycling Program Fees,On-Site Sewage treatment(Septic)Program,Storm Water Charges to Hennepin County for Collection with the 2020 Property Taxes. VOTE: Ayes 4,Nays 0. PUBLIC WORKS/CITY ENGINEER REPORT 13. 2010 STREET PROJECT UPDATE AND SELECTION Edwards stated this item is to update the City Council on the 2020 street maintenance projects and refine the list of roads to be completed. Since the Council last discussed this in the spring, Staff has received the design preliminary numbers from the consulting engineer. In addition, some of the assumptions that Staff used have changed slightly. As a result,there are more roads on the list for next year than the City can currently afford. Staff has placed them in a priority order and those are the ones highlighted in green. Also included in Staff's report are the estimated costs for the other utility funds that help fund the road projects. While those funds have adequate funding at this time,the limiting factor is the pavement fund. Staff made some assumptions early in the planning phase on what type of project would be required on each road. As an example,Casco Circle was originally projected to require a mill and overlay,but after a more thorough review, Staff now feels a total reclaim is necessary in order to help make all the storm sewer improvements work. Edwards noted the engineering work that has been done on these roads is still valid and will not need to be redone. Printup asked if all the preliminary work can be done on all the roads. Page 3 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 28,2019 7:00 o'clock p.m. Edwards stated the design work can be completed. Walsh stated the City's goal is to continue to increase the road management levy until it is approximately $1 million. The fund currently has $620,000 right now. Walsh suggested the City continue with the projects in the order listed with the removal of Casco Circle and replacing it with Togo, Briar,and Fox since it is anticipated the City will be receiving some extra funds which have not already been allocated. Casco Circle will be the number one priority on the list to get approved for 2021. There were no public comments regarding this item. Edwards noted the portion of Fox Street slated for improvement is the portion that is currently gravel. Staff would recommend Dickenson,Russell, and Fox be completed at the same time since they are all in the exact same area of the City. Combining those together for 2020 or 2021 would make sense. Walsh stated they have had a lot of residents that were promised road improvements and the City never got them done. Fox is probably the only gravel road in the City and this is a good opportunity to get some of these done. Printup moved,Johnson seconded,to direct the City Engineer to move forward with design and coordination of the 2020 street maintenance projects as highlighted in Staff report,with the removal of Casco Circle and the addition of Togo Road,Fox Street east of Orono Orchard,and Briar Street. VOTE: Ayes 4,Nays 0. 14. OUTDOOR RECREATION GRANT AGREEMENT APPROVAL FOR BIG ISLAND Edwards noted the City did apply for a grant from the DNR for improvements at the Big Island Park. The City has received preliminary notice that that grant has been approved subject to some additional administrative actions. Those actions have been taken and the DNR has sent over the grant agreement for approval and signature. Overall the grant is for$200,000,which is a matching grant. If the City approves and signs the grant,they are agreeing to come up with another$200,000 in funding. Twenty percent of that must come directly from the City but the remaining amount can come from other sources. The other stipulation in the grant agreement is that the City will have to encumber the property on its title stating it is public park going into perpetuity. Johnson stated the other thing is maintaining the ADA access into perpetuity. Johnson asked what kind of burden that places on the City. Edwards stated the main portion of the project is to improve ADA access to the island and trails. Those trails will be granite chipped trails and ongoing maintenance is not that onerous. The biggest expense is getting the grades to meet the ADA standards. Once that is done,there will not be a lot of expense and it is anticipated that every few years the City will have to patch any holes in the trails. Johnson asked whether this covers the dock. Edwards indicated the grant does not cover the docks but simply the trails. One trail leads from the dock up to the lookout point and another trail leads down to the beach. There are three main areas where there Page 4 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 28,2019 7:00 o'clock p.m. is activity, and with the funds from the grant and with City funds,the goal is to get anybody with any kind of disability from the three main areas to one another. Other aspects of the grant include a pavilion-like structure up in the lookout area and provision of some ADA bathroom features and installation of interpretative signage,but those are smaller items. Seals asked if those trails are intended to connect. Edwards stated they are. Currently the park is covered with an easement that was granted by the City to the Watershed District. Within that easement is the recreation area and the lookout area, which is where all of the construction of the pavilion and the bathroom will happen. The easement does restrict what can happen in the natural areas and prohibits the use of asphalt or concrete on the trails,but the City is able to use a rock type surface, which is what is planned. Seals asked what the priority of projects is within the grant since there is no guarantee there will be enough in donations. Edwards stated the grant was written and granted based on providing accessibility. Currently the plan includes two bathrooms at a cost of approximately$70,000 apiece. If there is a budgeting concern,the City could drop one of the bathrooms. Staff is currently working with the engineer consultant and landscape consultant. One bathroom would be placed near the visitor's center since it would be easier to maintain. Seals asked whether the City is obligated to fund everything if sufficient donations are not received. Edwards stated the City would be reimbursed for half of any money that is spent on the project under the grant. Walsh pointed out the City portion is coming out of park dedication funds and not the General Fund. The 501(3)(c)was formed specifically to help raise funds. Currently they have pledges for$40,000. Walsh commented there is tremendous history associated with the island and the Veterans camp has been there since World War I. There also used to be 40 cabins out there as well as an amusement park. Over time it is the City's goal to have an archeological study completed of the island. Johnson asked if part of the grant incudes a responsibility for the City to maintain a dock. Walsh stated when the City purchased the property,there was an Island Management Plan that was adopted,which provided access to the veterans, and that a dock is necessary. Rief stated a dock is already a requirement. Johnson asked what assurances there are that the bathrooms will not be vandalized and whether the City has looked at seasonal structures rather than something permanent. Edwards stated the City has looked at using temporary structures but there is no way to get a weekly service truck out to the island. The other structures that were on the island were predominantly constructed out of wood and built more to a residential standard. Staff has looked at best practices at other park systems and what is being considered is a preformed concrete structure with large vault type Page 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 28,2019 7:00 o'clock p.m. toilets made predominantly out of concrete. Wood and other burnable material will be used as little as possible,which naturally drives up the costs. Walsh noted the visitor's center has already been improved and security cameras have been installed. Seals moved,Johnson seconded,to approve the Outdoor Recreation Grant Agreement with the Minnesota Department of Natural Resources for Big Island and to authorize Mayor Walsh to sign the agreement on behalf of the City. VOTE: Ayes 4,Nays 0. PLANNING DEPARTMENT REPORT 16. LA19-000067 ALEXANDER DESIGN GROUP ON BEHALF OF MARK AND KRISTIE TIES,3129 CASCO CIRCLE,VARIANCE—RESOLUTION NO. 7038 Sven Gustafson, Stonewood;Kathy Alexander,Alexander Design Group; and Mark and Kristie Ties, Property Owners,were present. Curtis noted at the last meeting the City Council directed Staff to draft an approval resolution. Since that time,the City has received a letter from the neighbor's attorney,which has been included in Council's packet. Staff is requesting the Council adopt or amend the resolution that has been provided. Walsh stated he will allow three minutes for each party. Phil Kaplan,Attorney—at-Law, noted the City received a letter from Attorney Steinhoff that said the City Council has broad discretion in granting variance requests. While that is true to some extent,there are bounds to the City Council's discretion and this variance request is out of bounds. Legally the City cannot grant this variance request because it does not meet two requirements under the statute and the ordinance. Variance approval would not be consistent with the intent,purpose,and spirit of the average lakeshore setback and no practical difficulties have been demonstrated that justify the variance. The second point to address is the language in the resolution and in Mr. Steinhoff s letter regarding the distance from the proposed house to the shoreline. The average lakeshore setback would be 202 feet away from the lake. The variance would put the new house 156 feet from the lake. At this point Ms. Marks' house is 181 feet away from the lake. Because these two lots are parallel, it does not make any sense for the new house to be 25 feet closer to the lake than Ms. Marks' house. Kaplan stated that leads to the overarching problem with the variance. The applicants are not asking for something that they need in order to preserve the view. If the applicants get what they are asking for, it will require Ms. Marks to sacrifice a lake view that she should not have to sacrifice, and they will be getting a better view than what currently exists. Kaplan requested the City Council deny the request. Sven Gustafson stated he does not believe anything new was presented in the letter from the neighbor other than some mockups that misrepresented the views. Overall the project improves several nonconformities, such as reducing the side and lake yard setbacks,reducing the number of structures on the property,and is similar to many other requests that have been approved by the City in the past. Page 6 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 28,2019 7:00 o'clock p.m. Printup moved Johnson seconded,to adopt RESOLUTION NO. 7038,a Resolution Approving a Variance from Municipal Zoning Code Section 78-1279,for the property located at 3129 Casco Circle. VOTE: Ayes 4,Nays 0. 17. LA19-000069 GORDON JAMES CONSTRUCTION ON BEHALF OF DALE AND JONMARI OLSEN,3315 CRYSTAL BAY ROAD Curtis noted the City Council reviewed this application at their October 14 meeting. The applicants were directed to make reductions in structural coverage and hardcover. The applicant's revised plan still requires a number of variance approvals and an interim use permit. The updated plan provided today clarifies the hardcover number and removes the duplication of an entry terrace in that calculation. The structural coverage that is currently proposed is 2,891 square feet or 26 percent. The total site hardcover proposed is 4,586 square feet, which is 39.7 percent of the site. Additional public comment was received today and was included in the record. Staff continues to recommend denial of the application as proposed. The variance to permit structural coverage in excess of 20 percent of the adjusted lot area results in a house which is out of character with the neighborhood and small lots in general. Staff does support redevelopment of the property with variances provided the structural coverage is at a conforming level. Tonight the Council should review the revised plans and direct Staff to draft a resolution reflecting the Council's decision. John Quinlivan, Gordon James, stated since the last time they were here,they have brought the structural coverage from 3,454 square feet down to 2,891 square feet,which is 26 percent of the adjusted lot coverage. If Crystal Bay Road is considered a practical difficulty, it brings it down to 20 percent. The initial plan was 31 percent. From a hardcover perspectival,the initial plan was at 49.5 percent,which has been reduced to 39.4 percent Currently the existing home is approximately four feet from the rear property line and encroaches on the easement. The proposed home is 6.3 feet from the rear property line and will not encroach on the easement. The side yard setbacks are proposed at 34 and 34.2 feet. The lakeside setback meets the required setback,which is approximately a 5-foot improvement over what exists today. The road counts for 23.3 percent of the total lot coverage. The road, for most of the other houses in the neighborhood, is between 13, 14, and 15 percent of the total lot coverage. The road is a larger burden on this property. At the last meeting the Council provided direction to leave the road as is. The road is wider in that area. A discussion with had with Staff and the property owners have agreed to remove the roadside curbs to improve the ability of the Public Works Department to plow in that area. The homeowners are also agreeable to no parking on either side of the street due to the narrowness of the street. Walsh stated because the lot is wide and shallow,the Council thought the road was a practical difficulty and directed them to reduce the structural coverage down to 20 percent, which they have done. Previously the Council had approved a home in this neighborhood at 22 percent structural coverage and 39.9 percent hardcover. Page 7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 28,2019 7:00 o'clock p.m. Walsh commented he appreciates the applicants reducing it down to 20 percent structural coverage and 39.6 percent hardcover as well as keeping the road wider,which is good for the neighborhood. Printup stated he is hearing 20 percent structural coverage, but he reads 26 percent in Staff's report. Walsh noted the 20 percent is without the road and that the City Council at the last meeting indicated they would be willing to not include the road. Johnson stated the lot area with the road is 11,000 some square feet and with the road eliminated it becomes a 14,000 square foot lot. Johnson stated in his view it is consistent with the density in the rest of the neighborhood and that he would be in favor of it. Johnson asked what the no parking relates to. Quinlivan noted no street parking was brought up at the last meeting and how it limits emergency vehicle access. Both homeowners are okay with no parking on either side of the street. Walsh noted this is a private street. Curtis stated Crystal Bay Road is a public road. Walsh stated the City maintains the road, but they do not own it. The City does not have a right-of-way and they do not have an easement. Because the City does not own the road,they cannot erect no parking signs. Johnson moved,Printup seconded,Application No.LA19-000069,Gordon James Construction on behalf of Dale and Jonmari Olsen,3315 Crystal Bay Road,directing Staff to draft an approval resolution granting a street side setback variance,rear and side yard setback variances,a lakeshore variance,an average lakeshore setback variance,and a structural coverage variance due to the practical difficulty of the road being included in the total lot area calculation. VOTE: Ayes 4,Nays 0. MAYOR/COUNCIL REPORT Seals reported the Bederwood project is currently underway and looks amazing. The Park Commission has requested she contact the United Team to come for the grand opening. Seals stated she also spoke with the Park Commission about the golf course and the City's plans included installation of a really fancy fire pit at a cost of around$26,000. Following discussion, it was felt it would be better to have a small fire pit with a gas insert that can be stored away. Seals moved to approve construction of a fire pit with a gas inset at the Orono Golf Course. Edwards asked if the other fire pit item would be removed totally from the Capital Improvement Plan. Seals indicated that it would be. Johnson seconded the motion. VOTE: Ayes 4,Nays 0. Page 8 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 28,2019 7:00 o'clock p.m. Seals noted the Christmas tree lighting will be December 7 at the golf course. Starting this year the clubhouse will be open for limited hours on the weekends. Edwards stated the current plan is to have the clubhouse open on Saturdays and Sundays when there is snow from around 10:00 to 2:00. Seals stated she will ask Anna to put together some promotional items for the event. Printup thanked the Park Commission for developing a plan to allow memorial pavers be installed at the Dog Park. Johnson noted there was a crackdown at the Lurton Dog Park and that people should be sure to purchase their permit for the year. CITY ADMINISTRATOR REPORT Rief reported he meet with Police Chief Farniok and Adam Edwards to follow up on Hennepin County's projection of construction projects in the Orono area. In 2020 there will be a number of closures, including a four to six-week closure of the Narrows Bridge. The improvement project at County Roads 15 and 19 will start at the beginning of the construction season and is projected to be done by July 4. Work on the Tanager Bridge will start July 2nd. In addition, Hennepin County is projecting to have CR44 open by December 1St of this year. The current expectation is that CR101 will be open mid-November in Wayzata. Starting next year west of Mound, there will be a one to two-month complete closure of CR15. A number of other projects are planned for 2021 and 2022, including a closure of Highway 12 west of Maple Plain. Rief noted there will be a weight restriction on Fox Street and Orono Orchard to prevent any additional truck traffic that will be attempting to bypass the bridge. In 2022 work will commence on Hendrick's Bridge and Tanager. Edwards noted Tanager will not be a complete road closure and that they are planning on building a new bridge in place so there will be lane shifts and some short closures. CITY ATTORNEY REPORT None ADJOURNMENT Printup moved, Seals seconded,to adjourn the Orono City Council meeting at 8:02 p.m. VOTE: Ayes 4,Nays 0. ATTEST. 41-74 ' Anna Carlson,Ci y Clerk Dennis Walsh, Mayor Page 9 of 9