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HomeMy WebLinkAbout11-12-2019 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 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,and Aaron Printup. The following members were absent: Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson,Development Director Jeremy Barnhart, and City Attorney Soren Mattick. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. Veterans were asked to stand and be recognized;the meeting was dedicated to Veterans in honor of Veterans Day. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF OCTOBER 28,2019 2. CITY COUNCIL WORK SESSION MINUTES OF OCTOBER 28,2019 3. CLAIMS/BILLS 4. CREDIT CARD CONVENIENCE FEE 5. APPROVAL OF RENTAL LICENSES 6. APPROVAL PROPOSED COUNCIL LIAISON TO PLANNING COMMISSION MEETINGS IN 2020 7. RESOLUTION OF APPRECIATION FOR JACKIE YOUNG RESOLUTION NO. 7040 8. APPROVAL OF RECORDING SERVICE AGREEMENT—TIMESAVER OFF SITE SECRETARIAL FOR MEETING MINUTES 9. APPROVE TO DISPOSE OF CITY PROPERTY—OFFICE FILING CABINETS 10. APPOINT AUDITOR FOR FISCAL YEARS 2019,2020 AND 2021 11. APPROVAL OF LEGAL SERVICES AGREEMENT—CAMPBELL KNUTSON 12. 2018 STREETS RECONSTRUCTION PROJECT—PAY REQUEST NO. 5—FINAL 13. ORONO PRESERVE—FORMAL ACCEPTANCE PUBLIC IMPROVEMENTS— RESOLUTION NO. 7041 14. APPROVAL TO DISPOSE OF FORFEITED VEHICLE 15. LA19-000069—GORDON JAMES CONSTRUCTION O/B/O DALE&JONMARI OLSEN,3315 CRYSTAL BAY ROAD,VARIANCES& IUP—RESOLUTION NO. 7042 Page 1 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. 16. LA19-000079—STEPHANIE GRIFFIN OB/O WEEKLEY HOMES,580 SANDHILL DRIVE,TRAIL VACATION AND REALIGNMENT—RESOLUTION NO. 7043 17. LA19-000081—DAVID& STACEY ROYAL,3135 JAMESTOWN RD, VARIANCE— RESOLUTION NO. 7044 18. LA19-000082—ALEXANDER DESIGN GROUP O/B/O JOHN& CHRISTINE BUBOLTZ, 1973 FAGERNESS POINT RD—RESOLUTION NO. 7045 19. LA19-000083—JIM CLEARY EVERLAST ENTERPRISES INC.,315 CRESTVIEW AVE, VARIANCES—RESOLUTION NO. 7046 Crosby moved,Johnson seconded,to approve the Consent Agenda as submitted.VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Adam Bell, 17615 25th Avenue,Plymouth,Assistant Den Leader,Dens 8 and 9 of Pack 206,stated he brought several Scouts to the meeting to work on their advancement by attending a government meeting and thanked the City Council for their time. Walsh welcomed the group. PLANNING DEPARTMENT REPORT 20. LA19-000074—WILLIAM GRIFFITH O/B/O THEODORE BONNETT,40 AND 45 SMITH AVENUE,REQUEST FOR STREET VACATION Barnhart stated the City received a request to vacate a portion of Smith Avenue and some unimproved rights-of-way adjacent to the Luce Line.The Planning Commission reviewed and recommended denial of the request but recommended the applicant provide responses to some of the issues raised in the review. Using a map,he indicated the property location and the right-of-way to be vacated. The applicant proposed an additional easement or right-of-way to build a cul-de-sac at the southern edge of the property. A portion of Smith Avenue and the unimproved rights-of-way would be vacated north of that area.The proposal addresses two issues raised: 1)retaining right-of-way over the sanitary sewer manhole would retain that public interest;2)improves a circulation issue for motorists in the area because there is no way to turn around at the end of Smith Avenue. Currently people use private driveways to turn around, and Staff is looking for a way to do that outside of private improvements. The proposal shows an additional right-of-way/easement for the City to build a cul-de-sac which is sized according to City Code. If the property is not vacated,a turnaround would likely be created within the existing easement but is not ideal nor consistent with City Code. Barnhart said the Planning Commission also raised the need to connect Smith Avenue and the neighborhood beyond to the Luce Line, a public state trail. Currently people seem to cut through a corner of private property to access the trail, so there is a need to improve that access.The applicant also proposed an easement along the south side of 45 Smith to get from Smith Avenue to Orono Orchard Road. He indicated on a map the path users take to access the trail. He said Staff, in their review of this response,can support the vacation.The barrier the Planning Commission/City Council has to have, is Page 2 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. there a public interest in the property. With the cul-de-sac and with an easement connecting Smith to the road, Staff can't support the vacation of the balance of the right-of-way because it does not serve a huge purpose at this point.The item has raised quite a bit of interest raised in the neighborhood.The Planning Commission recommended denial; Staff,reviewing the response to the Planning Commission comments, can support a vacation request subject to a couple of tweaks as mentioned in the report. Walsh said there are a lot of old street easements in Orono, and the goal is to clean them up and they have done the ones that have made sense. He has met with the applicant and some neighbors and walked the property. The current easements that go to the trail are incredibly steep,which is why people are cutting through the applicant's property,which is a nice, easy trail. He appreciates the applicant in his emails said he would keep the trail open if people wanted to use it.His opinion is there needs to be a turnaround and it needs to meet City Codes and something Staff would support.He does not have a problem with vacating all the different easements but does not think the extra easement to get to Orono Orchard Road is needed. He would like to create a permanent easement where that path is in now in exchange for doing the other stuff. Right now,there is direct access to Luce Line Trail and he does not want to give up direct access, so it would be swapping out some things to make it better for everybody and make it official so it can't ever leave. Crosby asked if any improvements would be made on the easement. Walsh thought, since it would be a permanent easement,the City would be able to make improvements such as gravel because presently it is a trail with big logs all the way there and is pretty worn.He would want to keep that trail by giving up the other stuff to continue to have direct access for neighbors, etc. Printup noted it would be City property to access the trail so it could not be touched. Walsh concurred it would be a City easement and a permanent easement of record on the title.Right now, technically the applicant could close the trail;then the only way through there is to go through buckthorns and it is really steep,not something people would want to go through, which is why he thinks people are not using that path.The City would have to do some major work to improve that path. Crosby stated it would be a City easement,not City property. Walsh said it would be a right that would not go away and so basically City property. He clarified it would be a swap-out to keep the direct access. The other vacations help clean up everything. It gets everything together, a cul-de-sac and a turnaround, and direct access to the Luce Line is kept. Printup commented there would not be future disruption to the neighborhood because once the access is there, it's there. Walsh said he knows there are a lot of people present but wanted to give direction of what his common sense tells him would make the most sense for the neighborhood, because it solves a lot of issues. Johnson asked if the zoning district was a 2-acre zone. Barnhart answered it was a 2-acre zone. Johnson asked, with the easement and two parcels, if that would bring the total to six acres. Page 3 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. Barnhart did not believe it would. Johnson wondered if there would be a real risk of being a redevelopment there. Barnhart did not think so. Walsh offered that it would be two parcels but they would have a little extra width and depth. Johnson asked,that being the case,what the benefit was of having the cul-de-sac in that location versus pushing it farther into the back end of the easement and then having a trail coming off the cul-de-sac. Barnhart stated there was no incentive for the applicant to do that and the City would have to acquire additional land. Johnson stated a hammerhead would be another choice that would fit there. Barnhart agreed a hammerhead would be another choice. Johnson asked whether the cul-de-sac was a City expense. Barnhart said the plan would be to pave this section as part of next year's project,and used the map to indicate the portion that would be paved if the Council grants a vacation. Johnson clarified that the City would also create a cul-de-sac. Barnhart confirmed that a cul-de-sac would be created. Johnson asked if creating a cul-de-sac was an increase of expense as opposed to paving more. Rief responded, square footage-wise,with the development at the end of the hammerhead, it would be pretty much an even wash or even less cost to the City. Crosby asked what the connection would be to the trail. Barnhart stated it would depend on what the Council decided but thought there would be an easement. Walsh said that would be determined,but there needs to be a trail to connect to where the existing log trail is currently. That would have to get plotted out. Johnson said what is being proposed is pretty unreasonable for two reasons: 1)Going over to Orono Orchard,you're going on a busier road; 2)A new property owner,whomever that is,now has a trail going by their house. Walsh agreed and said to get rid of the one being proposed there,it is not needed. Crosby clarified he was talking about the one to the Luce Line. Page 4 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. Johnson stated he was bringing a fact to light,that the one that is there is not reasonable. Walsh agreed, stating it is steep going up and down. Rief pointed out if the City decides not to vacate anything or come to an agreement with the easement or the current path that goes across the private property, an option would be to,at the end,go to the right-of- way down the left side, which is a 10-15 foot drop in elevation rather than 20-25 as it is currently. Johnson commented that would bring you onto the DNR land. Rief agreed and pointed out the up-trail on the map,which would bring people to the DNR land. Walsh asked whether anyone from the public would like to comment. Mr. Bill Griffith,representing the applicants, said the issue comes up as a result of concerns about public safety at the end of the road and other places when people discover they have to turn around and there is no place to turn around. In meeting with City officials onsite,given the 2020 project, it made sense to bring forward the opportunity to vacate some of the right-of-way, obtain right-of-way, and maybe resolve some of the issues on a permanent basis. One of the reasons Mr. Bonnett proposed the alignment of the trail at the location is because it creates the most flexibility in the future in terms of the property being potentially subdivided. Mr.Bonnett is willing to look at other options. For example, an option would be to run along Orono Orchard Road within the edge of the property and straight back to the Luce Line.As the Mayor suggested, sometimes the benefit is cleaning up titles and issues that have existed for decades. And the defining is, if there is no public use/benefit of the right-of-way,the City essentially vacates it and it goes back to the adjoining property owners. There is a public benefit to the vacation application because it results in additional right-of-way in exchange to provide the cul-de-sac. The Bonnetts view this as doubling potential access, so they offered to continue the access over his property and also provide this potential permanent right. He and the applicant have not had a chance to discuss the Mayor's suggestion, but Mr. Bonnett will give the Council his perspective as the property owner.The applicant has agreed to the City's conditions, it provides a public benefit, a public safety benefit, and an even exchange in providing the right-of-way. They believe it will be a benefit to the private owner and the City, and they are present to work through the issues. Mr. T.J.Bonnet,40/45 Smith Avenue, stated he is not here to block anyone from accessing the Luce Line. He thinks if the issue was important to everyone on the block, it would probably have been addressed in the last 20 years.He believes the big concern is all of the turnarounds because of the 6 Smith Restaurant. There are five places of access from the golf course corner to the Palmers' house to the Luce Line,most of which are on private property like his. All the residents are fine with this. If the vacation goes through, there will be six places of access. Initially when this was discussed,the City wanted his land to solve this issue and suggested giving him, in exchange,the end of the street,which is about 23 paces to the end of the pavement. He thinks Almo got thrown in because the Whiteley's said if 45 Smith Avenue is developed,that house could move a little bit away from the property. Whiteley's called and asked their name not to be used, but that is the only reason Bonnett's asked for Almo. He said they do not need the unimproved spot. Mr. Bonnett said there are a number of emotional appeals about the Luce Line access but most are from people who don't live at the end of the Smith cul-de-sac. The safety from the vehicles is the issue, not the path. The former residents of 40 and 45 Smith all support this plan,and he named several people. Several Page 5 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. people offered to write a letter because they feel it is a nightmare living there.Two of the three most affected property owners also support the plan,other than Whiteleys. He mentioned that people at the last meeting stated there was no extra traffic from 6 Smith. He relayed a story about a former resident who was outside when a convertible stopped to ask directions to 6 Smith, hit some potholes that were filled with rainwater from a construction project on Smith,and splashed all the occupants. He said the public safety solution is good for the people; it has nothing to do with the path access. He repeated there are five access points and six after this,which is as many people who do not live on the street who do not support the plan. He encouraged property owners who have path access to approach the City and ask for a permanent easement if they wished to do so. He is more than willing to work with the City. There are eight people who have lived on the street and dealt with the issues who support the plan.The arguments are great but it doesn't hold water when you talk about all the people who have direct access to the Luce Line but they must use his path,a lot of whom do not live in the neighborhood. Mr. Bonnett understands a vacation is common in this type of circumstance,where there is no benefit for the end of that road spur existing. He is giving up land for the cul-de-sac;the City is getting land at the end of the street and does not have to repave that road next year. He believes it is a prudent taxpayer- focused decision. Since 6 Smith has opened,there are 8-10 cars a day going by extremely fast looking at their GPS. They have two small children and he doesn't want to see any accidents happen. They approached the City with the cul-de-sac six years ago;they weren't interested at that point. He wants to get something done on the issue and not kick the can down the road.The issue is,if the path went directly through their property and they want to put a garage there,which is why they're getting more property, so the garage can have water,they want 4.1 acres to get an accessory dwelling unit,they would be hamstrung, or if they would want to move the house on the lot. Mr. Bonnett is reluctant to say, "Let's plow it through direct access" because nobody else in the neighborhood has done it.He understands at the end of the street it touches DNR property and Xcel Energy property and then it goes to the Luce Line.The path has been across private property for 20 years, it's never been an issue, and it's not going to be an issue in the future. He gave names of several people he called or emailed before the meeting to let them know they could use the path.After tonight's meeting they'll be able to use the path no matter what happens. If he builds a barn in the middle of an easement,he would want Luce Line access and would create it at that point across his property for people to use,but running a permanent easement through it clouds the process of solving the issue at the end of the street. He thanked the Council and hopes something can be done tonight. Ms. Stacey Quinn, 125 Smith, said 6 Smith did open and T.J. mentioned a lot of names,but he did not mention her or her husband's names,nor did he speak to them about the potential cul-de-sac. They are not opposed to a cul-de-sac at the end of the street. It is a busy street,and redevelopment/more homes at the end of the street would make it busier. It is a dead-end/short street and T.J. wants to make it shorter. It's a worn path because it's on Smith Avenue. The reason they purchased their home 12 years ago is so they had direct access to the Luce Line which they use quite a bit and have had no issues for several years. The path did cut into a little corner of T.J.'s property; it is very far from the front of his property. They were never asked not to take that path.The path was groomed by the previous homeowner, it used to be very well taken care of,because the neighborhood uses it and will continue to use it. She is opposed to the vacation being granted. She doesn't know what a hammerhead or City easement would look like: how big, how long, how wide. She is very disheartened this is happening in her neighborhood from a neighbor that never approached them, and he cannot get to his home unless he crosses by her home. There is no way 8- 9 people are lost going to 6 Smith. You cannot go 50 miles an hour down the street,especially now, because the street is in complete disrepair. She is requesting a cul-de-sac at the end of the street,access on Page 6 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. Smith to the Luce Line at the end of the street,and don't make the street shorter. If there is talk of a City easement, she would like to see what it looks like. Mr. Doug Whiteley, 60 Orono Orchard Road, said he has never seen an issue that caused an uproar like this other than a proposal to put a cell tower on the Orono Public Golf Course.There is an overwhelming negative response to the proposal. He thinks a permanent easement from Smith Avenue to Luce Line is a very viable solution,but putting one on Orono Orchard Road would be a tragic mistake. He walks to Luce Line 5-6 times a week with his dog,noting as you walk south around the curve from Woodhill Avenue, there's a straightaway and the Luce Line bridge going south,there is a blind spot and you cannot see cars going around the curve. It is dangerous;there's no shoulder and it is not safe.The topography of the proposed easement from Smith Avenue to Orono Orchard is very steep and makes no sense. He agrees with the previous speaker that the cul-de-sac should be by the dead end. He is not opposed to the cul-de- sac but is opposed to the Smith to Orono Orchard Road proposal. He never spoke to T.J. about swapping land. Mr. Sean Benson, 1220 Lyman Avenue, opposes the plan proposed by the Bonnetts. He referenced the Planning Staff's comment that they could not support the proposal unless, among other requests,there is "an inclusion of a trail easement from Smith to the Luce Line." He said this plan does not include that but is an easement that goes to Orono Orchard Road which does not make sense and is also a safety issue. He referenced an email from Mr.Bonnett which stated, "We will maintain the path that is currently available to all neighbors as invitees.This hopefully should not affect anyone too much.The permanent easement cannot be run directly through our property at this point in time as the property line will change if the vacation is granted." He said the plan appears to allow no direct access from Smith to the Luce Line. However, Mr. Bonnett is indicating neighbors can use the current trail but at his discretion. He does not feel that is an appropriate solution because a future property owner could decide not to allow trail access. He wanted to know if a resident of Orono,who doesn't live in the neighborhood,would be prevented from accessing the Luce Line from Smith Avenue.He believes it is better for the City Council to make an explicit decision about allowing community-wide access from Smith directly to the Luce Line. Mr. Benson also questioned the fundamental equity of this plan and said there's a lot of talk about cleanup as though it is normal that residents get free land,which he feels sets a dangerous precedent. He understands the City would give up .66 acres of land with the vacation and the Bonnetts would give up .06 acres of land for the cul-de-sac, so the Bonnetts would receive .6 acres of land at no cost. He does not think it is a benefit for any residents to receive City land at no cost. It also sets an inappropriate precedent for residents to request similar vacations in the future. He would propose an alternative plan whereby the City would move the cul-de-sac north to the end of Smith Avenue, and that way it would lead directly to the DNR-owned trail that leads to the Luce Line. In return for the cul-de-sac,the City could allow the Bonnetts to receive a similarly sized piece of land, .06 acres or something that is equitable. If the Bonnetts do not want to trade property,the City could consider putting in a hammerhead turnaround which should not require any exchange of land. The residents would get the turnaround, direct access from Smith to the Luce Line,the Bonnetts don't have to contend with people on their property,the City does not have to contend with any permanent easements while addressing safety concerns, and it is fair. Mr.Matt Hopping, 95 Smith Avenue, stated as far as traffic, it's UPS trucks and a few strange cars. The path was supposed to go straight to the Luce Line,not to Orono Orchard. If you walk along the ditch, there are culverts with water and other things. It should go straight at the end and the cul-de-sac should be right where the end of the road is now,or a hammerhead.A turnaround is not needed. People back in the driveways.Repave the road and make the road decent because it is a pretty rough road. He does not see Page 7 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. people speeding. It's the end of the road; people are slowing down. When people back into your driveway it can get frustrating at times but that's what happens when the road is narrow. He thinks a hammerhead would work; a cul-de-sac is not needed. Mr. Merritt Jackley, 80 Smith Avenue,knows there was an issue when people put 6 Smith in Google Maps,that people went to their location; but they have worked with Google Maps and it should now have people going to the restaurant.T.J.gave him verbal approval to use the path for friends and family which he appreciates,but he feels it's in the community's best interests to make it a permanent easement. He agreed with Mayor Walsh's proposal and plan but suggested the plan be put into writing so the citizens can see it and vote and decide from there. Mr. Ash Stoesz, 1170 Lyman Avenue, does not want to stop anyone specifically but referenced the Alamo place and asked,before anything is vacated,the City explore whether that is something that is viable in that if a tree falls over at the end of Smith Avenue, everyone is landlocked in,and to the extent there's an opportunity to evaluate a second point of exit, it would be interesting to think about. Ms. Pam Cariveau,60 Smith Avenue, does not feel the plan submitted meets the Planning Commission's recommendations,citing lack of an equitable access to Luce Line Trail. The newly proposed easement does not provide access to Luce Line Trail; it provides access to Orono Orchard Road. She feels routing the easement down a steep embankment and onto Orono Orchard is not safe or equitable in comparison to a direct-access path at the end of Smith.Ms. Cariveau noted the City-owned land at the end of Smith Avenue is the nearest and only non-private property access point to the trail in the neighborhood. The next nearest public access point is on Orono Orchard Road, which is not the safest access point. Currently the trail at the end of Smith Avenue has been routed through private property with Private Property signs. There is much public interest in retaining City-owned land at the end of Smith Avenue so everyone can enjoy safe and unfettered access to the Luce Line Trail via City-and DNR-owned land without the need for an easement.Ms. Cariveau stated the DNR has given permission for a simple footpath or a more formal path should the City decide to coordinate with the DNR. The DNR is working to remove trails that cut through private property. Future access points will only be allowed through City and DNR land according to a letter from the DNR. If the City decides a cul-de-sac is inevitable, she suggested an equitable exchange of land with the Bonnetts might be to give them the City land that runs parallels to the Luce Line Trail while maintaining the original length of Smith and the City-owned land to access the trail via DNR land. Ms. Cariveau noted the Bonnett's are asking for 28,750 square feet of land when only 2,600 square feet of land is needed to effectively make a cul-de-sac. If the City vacates the land parallel to the Luce Line Trail,both sides,the Bonnetts will still receive more land in exchange than what is required for a cul-de-sac,which she stated was reasonable. Ms. Alisa Benson, 1220 Lyman, said their family has taken up the sport of geocaching,which is not permitted on private land,the caches must be placed on City or DNR land, so this type of cleaning up prevents that activity. Mr. David Klema,40 Orono Orchard, stated T.J. has less than 3 acres and the vacation would total .6 acres but referenced Mr. Bonnett's comment about building an accessory dwelling unit that required 4.1 acres and asked how the math comes out if he is under 3 and the total vacation is .6. Walsh stated that would not be part of the decision-making process either way. Page 8 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. Mr. Klema asked whether the smaller lot could be resized so Mr. Bonnett could take acreage from that to make his other lot bigger, in theory,he could subdivide that lot. Walsh stated these are 2-acre minimums so there would only be two lots there no matter what. Mr. Klema wasn't sure whether the small lot could be made smaller because it is already less than 2 acres. Walsh stated you cannot subdivide something unless it meets the zoning requirement. Mr.Klema asked how you would be able to have an accessory dwelling unit, if it was possible. Printup stated he had no idea. Ms. Angie Hopping, 95 Smith Avenue,believes the vacation of the property is not to the benefit of everyone in the neighborhood and City of Orono. If a cul-de-sac is needed, it should be at the north end of Smith and allow the City property to be the direct access to the Luce Line. She referenced an email T.J. sent which stated he gives access through his property to his discretion and everybody has access with the exception of one person. She asked how in the future they would know they still have access through the property and said T.J. should not have the discretion to cut people off if there is a permanent access. She asked, if the cul-de-sac goes in where it is now and there is a permanent easement, does that go from the Smith Avenue cul-de-sac all the way through to the Luce Line. Walsh stated it would. Ms. Hopping asked who would patrol that to make sure everyone still had access if there are Private Property signs set up,how would you get access. Walsh stated there could not be Private Property signs up if it was an easement. Ms. Hopping said the current access is not very inviting because of the Private Property signs. Mr. Bonnett says he gives access, but it's to his discretion,which she does not believe is fair. She also does not believe it would be fair to give that much property in return for the small amount of the cul-de-sac. Mr. T.J. Bonnett,40/45 Smith Avenue,felt if there were a hammerhead at the end,people would continue using driveways and a cul-de-sac is more desirable. Regarding the path, his intention would be to rip up the end of Smith,beautify it,make it better, get rid of hard space,put some green space in,and landscape it. He would eventually like to build a garage somewhere,but it's probably five years from now so he can't really say what the plan is. Early on they talked about could it be three lots,what developments are going to go on there, is it going to be a bunch of condos, an office building. That is not his intention,and he feels he has communicated that. The neighbor that is not allowed to access the path destroyed his property,there was a lawsuit,the judge sided with Mr.Bonnett, and he thinks any reasonable person would not allow that person to cross the property. That's the only exception for people using the path. Mr. Robert Miller,60 Smith Avenue, stated he is the excluded neighbor,which he is fine with.The plan as proposed does not meet the requirements put forward by the Planning Commission as well as City Staff. He is not opposed to a cul-de-sac; he feels it should be at the end of the street. He is not entirely opposed to vacating some property to the Bonnetts to allow for the cul-de-sac. Mr. Bonnett is giving up some land so he should get something out of it. He thinks it would be more appropriate to take land Page 9 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. parallel to the Luce Line than shortening the street and eliminating the direct access to Luce Line Trail and the DNR property. Mayor Walsh closed the public comment section at 6:52 p.m. Printup thought this winter neighbors might get together and make sure there's some sort of footpath on public property so private property is not touched, nor should it be. The cul-de-sac would be nice and convenient in timing because of the upcoming road project. He said the City could also repave it and leave things as-is and then designate the path going to the Luce Line on City property and there is no private property affected. He would deny the proposal as presented until a plan is brought up to grant the public access to the Luce Line Trail. From a bureaucratic standpoint it sounds kind of small because it should be about vacations and roadways and road improvements,but he is okay with not having a hammerhead or cul-de-sac and leaving the road the way it is after it gets paved. His two takes are to either leave it alone and dedicate a path, or do some sort of improvement but have a dedicated path. Walsh stated the goal for the City is to do the best long-term solution which, in the end, is a cul-de-sac because it's the best way to turn around,although where the cul-de-sac goes is up for debate.The City has direct access and he did not feel the City would give that up. He also would not approve the plan as presented.An option would be to ask the applicant if they would like to table it and come back with a plan based on comments they've heard,and then everyone could see it on paper and then stake it out. The trail through the Bonnetts' land is a very calm, easygoing trail.It would not be the best solution to go through City land because it is so steep,but it could be done.Not everybody is going to be happy. If the City is going to clean things up,they want to come up with the best solution for the citizens long-term. Crosby said it makes sense to have the cul-de-sac at the end of the road and some type of connection from the end of the cul-de-sac to the trail leading to Luce Line. If the Bonnett property's elevation is better for the path,a swap may be a good idea to make it more accessible. He is not in favor of the proposed plan. He agrees a cul-de-sac is going to be needed,but the question is placement. There is a better place, which is down the road. There should be an equitable land swap to make things better for everybody. The neighbors should work together and the applicant should come up with a better proposal from what he is hearing. It can be a win-win for everybody safety-wise and a permanent access to the trail for everyone. He is not an advocate of the trail going to Orono Orchard. Johnson agreed with the previous comments. It would make sense to him to move the cul-de-sac to the end of the street,which removes any question about people's continued rights to gain access to the trail. Historically,the City has done a good job keeping people's access to parks and trails.There may be an opportunity to vacate some of that once the cul-de-sac is in the right spot.The City needs the property owner's cooperation to put a cul-de-sac there, and there has to be something in it for the property owner. There needs to be a good, usable road;and the City will find a way to continue the access people have come to enjoy. The safety side of it is important as far as emergency vehicles. If it was a new development, a cul-de-sac would be put in. It is also reasonable for citizens to see the final plan before it gets approved, so it needs to be brought before the Council. He noted he does not know if putting the cul- de-sac there would create nonconformity with the required setbacks from the houses. Walsh asked if the applicant would like the Council to vote on the plan as proposed or if he would like it tabled and go back to the drawing board a little bit. Page 10 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. Mr. Bonnett said he would like to know where the path has to be because eventually,they would like to build on some flat ground.He reiterated that he has to get something if he is giving something. Walsh stated the City would like the best path, easy walking. The path that is there now is very walkable. He suggested working with Staff, and if there were a better route that makes sense that can be put in without a lot of difficulty,that would be fine. If the City were to do an entire huge grading project,the City might as well put in the hammerhead and deal with what the City has. Mr. Bonnett said putting in the hammerhead would be expensive,paving the end of the land would be expensive, and grading the path to put a path in would be a lot of money. Walsh commented the existing path is really good. Everything else, once you get to the hill, is steep.At the end of the street, if you go left, it's a non-working solution. Mr. Bonnett, using a map, suggested a route which would curve down into the path and thought the confusion might be over the wording of"direct"or"indirect." Crosby asked why the City wouldn't just be able to move the cul-de-sac to the end of the road. Mr. Bonnett responded with why would you just want to drive farther for the fun of it.He added that also does not get him what he wants,which means the City will not get the cul-de-sac that everybody would want. He stated he wants to work with the City. Mr. Bonnett asked where the City wanted the cul-de-sac to move. Crosby said down to the end. Mr. Bonnett asked if he should amend that part of the plan and pointed to the map. Walsh stated the applicant and Staff needs to figure out what makes the most sense, but the existing pathway is the best pathway. Mr. Bonnett commented that the Engineer said that's where it should go because that's where the manhole cover is, which the City wants access to with their big trucks. Walsh reiterated the applicant should work with Staff because he is not here to plan the road,that's what Jeremy and Adam do, and if they can bring back a recommendation knowing what's been said tonight as to the most logical and best place, and then the applicant can talk to them about the pathway. Mr. Bonnett said he is in favor of that and he understands that and the easements.He said if everything has to be voted on and waited out,with all due respect to Mr. Johnson, he would be back after the road gets repaved,which is what he wants to avoid. Mr. Bonnett indicated he just heard about the easement today or yesterday. Barnhart indicated he thought it was Friday. Mr. Bonnett said he is trying to get it as complete as he can and appease everybody. Page 11 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. Walsh noted it's a process starting with the Planning Commission,neighbors have reached out,Council members have talked about it and have been to the site and the City Council is trying to make sure the right thing is done for the long-term, not just whether the neighbors like it or not. Mr. Bonnett agreed with Walsh. Walsh stated the City needs cooperation from Bonnett and if he is willing to take direction from Staff and figure out the best spot and then the pathway from there, it could be tabled.He could meet with them and then come back with a new plan for everybody to look at again. Crosby agreed that would be the way to go. Mr. Bonnett agreed to table the matter. Printup moved,Crosby seconded,to table the matter.VOTE: Ayes 4,Nays 0. RECESS AND RECONVENE The meeting recessed at 7:04 p.m. and reconvened at 7:10 p.m. 21. LA19-000078—LAKEWEST DEVELOPMENT,3245 WAYZATA BLVD W,SKETCH PLAN REVIEW Barnhart presented a Sketch Plan Review for a proposed development on Wayzata Boulevard. He stated in 2016-2017 Eisinger Meadows was reviewed by the City Council, a 27-unit townhome type of development on the subject property. Last fall the Council reviewed a sketch plan for a large condominium in the area that was previously a landfill. During the development of the larger attached family dwelling unit last year,the applicant discovered the costs associated with that development were higher than expected and is looking at other options. One of the options is,instead of doing the Eisinger Meadows townhome-type development,to do some higher density along Wayzata Boulevard.The Comprehensive Plan that was just completed guided this area for 3-10 units an acre, consistent with the Eisinger Meadows project,but not consistent with a development of this scale. Barnhart asked if the Council has any appetite to add higher density to the northern portion of the Eisinger property and likely a use similar to a detached family apartment or condominium building. During review Staff did not spend a lot of time on site development or architecture of the building,partly because the same comments that were generated at that time still hold true. If Council wants anything specific changed, Council should let Staff know. The Planning Commission reviewed this last month and generally supported the adding of density,noting it's probably the best location for density because it is far away from any other residential use and surrounded by Wayzata Boulevard to the north and Highway 12 to the south. He stated the applicants are present. There are two questions: 1)If the Council is interested in adding density there;2)Whether there is or isn't, are there any changes the Council would like to make to the rest of the property. Johnson asked what the proposed density per acre was. Page 12 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. Barnhart said currently it is guided for 3-10 units per acre and it was developed at about 5. In the development shown,the guiding range is 20-25 units an acre and comes in at about 22-23 units an acre. Crosby asked whether the guiding was 5. Walsh stated 5 was the amount approved previously. Walsh asked if the applicant had anything to add. Mr. Curt Fretham,Lake West Development, said his company is wrestling with the cleanup portion of what was approved for the high-density component,recognizing that the cleanup on the north portion on the phase being presented is going to be more economical to clean up.They thought it would get their feet wet to find out what there really is for cleanup because there will be some cleanup on the western edge of that proposed building. He is looking for feedback if the Council can support the density change or not. Walsh asked if there was anybody who wanted to talk about the item. Mr. Tony Sarenpa, local resident, stated he is in favor of the higher density proposal, stating why not do a little more if it is already higher density,that it makes sense. Crosby asked why he would be in favor of it. Mr. Sarenpa stated if it is right next door to it, it seems to make sense,rather than break it up. Crosby commented that it is basically replacing what he was proposing earlier. Mr. Sarenpa clarified whether he meant with detached homes. Walsh stated the density where the landfill site is,he is moving it over there. Mr. Sarenpa reiterated that it made sense to him. Barnhart,using a map, stated the applicant is proposing to keep the 20-25 units the same and then indicated the area where the applicant would like to add higher density. Ms. Stacey Royal,3135 Jamestown Road, said she was against the 244 units; she thought it was a little too much for the area.Now 127 units is being proposed for this,and she thinks that is still a lot.There is not a complex that size in this area. She commented the resident that was talking with the developers beforehand maybe has more information about the development. The townhomes increase it already to 27 units,which could be 3-4 people per unit so that already increases the numbers. She does not think a high- density apartment complex is great for the area, based on the facts there are schools there,the driveway would be right by the main school driveway that's used to get into the activity center, and there are already traffic issues on old Highway 12 and Highway 6 during school hours. She understands density has to be done someplace but does not know if it is the best place because it is by the schools. Walsh noted the Council went through a lot of thoughtful discussion on how to zone and guide the area and feels the density along that corridor was a very nice development and it was kind of an afterthought when the Council said, Where the dump site is, if you can figure that out,you can put some extra density Page 13 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. there. He feels what Curt came up with the townhome development was spot-on, and he obviously has flexibility to do something in the back. A big complex will change the look of the whole area. From a long-term perspective, he thinks it will be a much more viable project.From an aesthetics point of view, that is what it's already guided for and what Curt has brought to the table. The Council actually brought that to the table to say that was a possibility, because it was not guided because it was back in the trees and you wouldn't see it and it seemed like a pretty good place to be able to put it. Printup is okay with how the Council has guided the density. Johnson commented that is what he was going to say before,that the Council has their equation regarding the City's density and he would not be in support of increasing it beyond what is slated. Crosby stated he is also not in favor of increasing density because he would be concerned it would be taxing on the schools and he is comfortable with the original guiding. Walsh said they did a great project. He suggested parceling it off into two different parcels so there's a separate investment parcel. Mr. Fretham stated,for clarity,he heard some different things but he thought he heard that the Council would prefer not to change the density that they've already approved. Walsh confirmed he was right. Mr. Fretham asked if the Council had any objection if the guidance was kept on the overall parcel but changed the layout so there might be low density or medium density on the other side of the parcel, whether there was any insight or flexibility on that. Walsh indicated there was thoughtful discussions of what they wanted to see along the corridor,which is why that guidance is in place along Old Highway 12 and the old dump site.There have been thoughtful and long-term discussions with Staff to get to that point, so they would not be looking to change those for any particular reason. He did not believe he saw any appetite from anyone else on the Council to change anything, either. Crosby said he liked the proposal the Council originally looked at. Johnson stated he was nodding his head in agreement also. Walsh asked the applicant what other guidance could be given to him. Mr. Fretham indicated he was stumped because he does not have a viable plan for how to develop it. The infrastructure for getting the 27 villas is too demanding to break it down into one. Bringing that mainline out is a big deal,which is why he thought to switch to the high density.The cleanup,without some kind of assistance, is a hurdle they have not been able to figure out how to do. He's got approvals on guide plan changes and a plan that looks great,but from an economic standpoint he cannot figure out how to make it work,which is why he's trying to come up with an alternative. After visiting on the topic of TIF, he understands that is not appealing from the City's perspective. Page 14 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. Walsh commented financial issues don't come into play for making decisions from the City's standpoint. If Staff has logical reasoning to support something in particular,knowing where the Council is coming from and what the City is trying to accomplish,and they come back with something that says, We can support this and this is why we support it,then the Council has more of a thought process of what could be there. Right now,there is nothing that tells the City they need to do anything different because it's been thought through pretty well. If Staff brings something to the Council that says this would work in the overall framework of what the Council wants to accomplish for the community,the Council would probably listen and understand how it works and then have a discussion if it made sense or not. Mr. Fretham stated he appreciated that and that he did talk at the Staff level but they wanted to hear what the Council had to say. Johnson stated that is the direction given to Staff,that they don't necessarily spend a bunch of time going down a rabbit hole for something having no possibility of getting approved by the Council. What is needed is something that gets within the parameters the City has, and then Staff can spend more time on it. If it is something that is outside of the parameters and the answer is consistent from the Council,we don't want Staff spending time going in that direction. Walsh said it's not unlike the item that was just in front of the Council. Staff was given pretty good direction to meet with the applicant to say, because we know where the Council is coming from, here's where we think it should go, and they kind of know where the support comes from and what they can do. So then they don't bring something to the Council and it's, `Well,where did that come from?' The Council is always open to something,but it has to be worked out and thoughtful and then presented. It doesn't mean the Council will agree to anything, but that is the process. MAYOR/COUNCIL REPORT Johnson reiterated Happy Veterans Day to everyone.He has a son in the Army and his dad was a Veteran. Johnson commented Tanager Lake is frozen over. Crosby asked that people not walk on it,that there be no testing. Walsh reminded everyone that ice is never safe. Johnson stated that is what the Sheriff puts on the signs. Crosby added that it is true. Crosby thanked our Veterans for the privilege of freedom they have given all of us. It's not politicians; it's the Vets that keep us safe and keep us free. Walsh echoed the same sentiment to all the Vets. He said Happy Thanksgiving to everybody. He noted he will not be at the next meeting; it will run into vacation schedules.Mr. Printup will be taking over the Mayoral responsibilities. Johnson indicated he missed Walsh saying,"That's 4-0,Jackie." Page 15 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. Walsh replied that he missed Jackie,was very sad to see Jackie go, and that we don't have Jackie anymore. We have someone who will just do it offline and nobody will be here. Crosby mentioned it is not the same. Printup stated that means everything will be word for word and brevity is key. Walsh agreed that brevity is key. CITY ADMINISTRATOR REPORT 22. APPROVAL OF OFFICIAL 2020 CALENDAR Rief stated they were presenting the annual calendar for 2020. There are two options being brought forward: One,to leave the normal meeting times; another one,to potentially move meeting times up to 6:00 p.m. and then have a work session for Council before every meeting at 5:00 p.m. Walsh asked if that would move the Planning Commission also to 6:00 p.m. Rief confirmed that and said that also applied to the Park Commission. Crosby asked if the work session would be before every meeting. Walsh confirmed it would be at 5:00 p.m. at every meeting. Instead of two hours at the end of every month, it would be one hour each time.There may be times where a work session isn't needed but one would be planned at 5:00 p.m. every time, allowing everybody to get home a little better. Staff sits around a lot because they are waiting for the meeting at 7:00 p.m., so this would be trying to make things as efficient as possible in government. If it doesn't work, it can be changed. He thought it was worth giving it a shot. Printup clarified that"sitting around" means working up until the meeting. Walsh agreed with Printup's clarification. Crosby asked if the proposal would be to set it that way for the whole year. Walsh answered yes and said that could always be changed. Crosby proposed a trial run of six months. Walsh noted an initial calendar has to be put out. Crosby asked if the calendar could be changed midyear. Walsh answered that it could be changed any time the Council wanted to. Crosby agreed that it would be fine. Page 16 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,November 12,2019 6:00 o'clock p.m. Barnhart suggested moving the Planning Commission Workshop to another night,stating currently it is Wednesdays,which is often a conflict with religion for some of the members. He added he would like to talk with Dustin about that before it is finalized. Walsh stated the motion would be that meeting to be determined when it comes for signature at the next meeting. Barnhart confirmed his statement as correct. Printup moved,Johnson seconded,to approve Option B for the next year's calendar contingent on finding out what day works for the Planning Commission workshops.VOTE: Ayes 4,Nays 0. CITY ATTORNEY REPORT Mattick stated there was no attorney update. He thanked the Council for Item 11, stating he enjoyed working with the City Council and hopes to work with them for some time to come. ADJOURNMENT Printup moved, Crosby seconded,to adjourn the Orono City Council meeting at 7:32 p.m.VOTE: Ayes 4,Nays 0. ATTEST: Mfalp...Q1 , t Anna Carlson,City Clerk Dennis Walsh,Mayor Page 17 of 17