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HomeMy WebLinkAbout06-22-2015 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 1 of 19    ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 7, 8, 9, 12, and 13 were added to the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF JUNE 8, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of June 8, 2015, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATIONS 3. COUNTY ROAD 112 TURNBACK PROJECT Kristy Morter and Mike Turner with the Hennepin County Transportation Department were present. Mike Turner stated since they were before the City Council last winter, they have been working with Hennepin County on several processes and are now approximately 60 percent done with the design. Turner indicated this project runs the complete length of County Road 112, from its westerly border out at County Road 6 all the way to its connection with Old Highway 12 on the east by Wayzata. Last winter the Council approved a preliminary layout, and since then the project has been broken out into three construction phases. Phase one goes from Willow Road to Cemetery Road. Currently that project is scheduled for construction in 2017 and will be completed in 2018. Phase two is from Cemetery Road to the connection near Wayzata, and phase three travels from Highway 6 to Willow Road. Turner noted last winter they talked about some discretionary improvements by the City in conjunction with this project. The first item on the cost spreadsheet relates to additional lighting and accessories along the corridor. Essentially this item relates to the installation of street lighting that matches the proposed street lighting Long Lake is considering. The indications from Long Lake are that they are interested in lighting their segment. It would amount to seven or eight lights along the north side of Highway 112 from Willow Road to Brown Road. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 2 of 19    Turner stated last winter the Council indicated that they may be amenable to that. Turner stated they have gone through a process of identifying the streetlight concept that would best fit the corridor and be consistent with the lighting chosen by Long Lake. Turner displayed a picture of the light pole that is under consideration. Turner stated this light pole is similar to the light poles Orono installed in Navarre. The light pole has options for a flag mount, a banner mount, and also includes a separate circuit for electrical. The next item is utility burial. The Council’s indication last winter was that expensive and they were uncertain whether to proceed forward with that item. Turner indicated they have put a little more research into the costs for that. The cost for burying the overhead power lines along the north side of the corridor from Brown Road to Willow Road would be approximately $350,000. In addition, the Council also had a significant discussion last winter about whether or not an entrance monument into the City would be appropriate, which would likely be located at the intersection of Brown Road. Turner noted Long Lake is considering installing a monument in the southeast quadrant of that intersection. The costs for that monument have been estimated and would be approximately $83,200. Turner displayed a picture of a possible monument that could be installed. Turner stated the Council should decide whether or not they would like to add that to the plans. McMillan asked when they would like an answer from the City Council. Turner stated they are in the process of developing the 90 percent plans and that they would appreciate an answer in the next four to six weeks. Walsh asked if the monument would be constructed on City property. Turner indicated it would be included as part of the project and that the cost is approximately $83,000, which includes the engineering and construction costs. Turner stated at this point it is unclear whether it would be on county or city property and they would have to identify how it fits into the existing right-of- way. Walsh asked if it would preclude the City from doing it at some point in the future. Turner stated that is a possibility. McMillan noted the north side of Brown Road is Orono and the south side is Long Lake. Levang commented that could be confusing with two monuments. McMillan noted the City Council initially talked about this and they were not really interested in the monument. McMillan stated it is something that could be added later. Walsh asked if Hennepin County would be interesting in financing the additional lighting and the burial of utilities. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 3 of 19    Morter stated the County would participate on the lighting with the City, but that the burial of the overhead utility would be 100 percent borne by Orono. Walsh asked if Hennepin County would finance that item. Morter stated as it relates to the lighting that would be included in the plan. Morter indicated Orono would need to do a separate agreement with the utility company and would have to be borne by the City. Turner stated part of the question goes to the timing of the City’s contribution of money. Turner stated the City’s contribution should be part of the agreement with Hennepin County prior to final plan approval. Turner indicated he is not familiar with the timing of the money outlay and when the City would need to pay the County. Walsh stated if the County had some flexibility and would be willing to carry the costs over 10 or 15 years that would be helpful to know. Morter stated typically the agreement asks for 95 percent of the costs once the contract is awarded, but that they are open to discussing different options for the City to make it work. Levang asked if Orono’s portion of the additional lighting and accessories would be $89,600 plus the $26,300. Turner stated it would be. Turner stated the County would participate in the cost of the poles, the wiring, and the lights. The other accessory pieces, such as the banners, the flags, and the electrical circuit would be Orono’s responsibility. Walsh stated if the City could receive some financing from Hennepin County that would help impact his decision rather than the City having to come up with $550,000 in the next few months. Levang stated she is not interested in the utility burial or the monument. Levang indicated she is fine with the lighting since it will provide continuity with Long Lake It was the consensus of the City Council to proceed forward with the lighting. Walsh asked if the utility company would receive any benefit from burying the utility line such that they would be interested in partnering with the City on the costs. Morter stated the utility companies feel it is easier to maintain them if they are overhead. McMillan requested Mr. Turner talk briefly about the road closure. Turner stated as they have gone through the advisory committee process, Long Lake has raised some concerns based on some changing parameters. The project advisory committee reviewed the layout that was presented to the City Council last winter, which was based on what was known about the corridor at that time. Since that time more detailed designs have been completed and the County has gained a better understanding of the slopes, the type of retaining wall that would need to be constructed, and the impact to the roadway that would have and whether the road would be able to stay open during construction. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 4 of 19    Turner stated the original concepts were indicating it was probably going to be a long-term closure of the roadway along the lake in Long Lake to get that piece constructed. As a result, Long Lake has raised some concern with the road closure and Hennepin County is currently in the process of re-evaluating to see whether there are any options and/or additional expenditures that will need to be made as part of the project in order to keep the roadway open at least one lane in each direction. In addition, there is also potential development on the east side of the lake on the north side that was not anticipated last fall. Turner stated they will probably need to revisit whether or not the trail proposed out of Long Lake will be on the south side of the road as originally proposed or on the north side. Turner indicated the development of Birches on the east side of the road has changed their philosophy a bit and that they are currently looking at that and will keep everyone informed. McMillan stated the advisory committee is working hard to see if the trail can be constructed on the north side, which would allow the trail to be located along the lake. McMillan stated she appreciates MN/DOT being open to different ideas. 4. TOUR DE TONKA – 8:00 P.M. Tim Litfin, Minnetonka Community Education, stated this year’s Tour de Tonka will occur on August 1. Last year there were six different rides as part of the Tour de Tonka with four going through Orono. Litfin noted all riders made it through the event safely. Litfin stated the Tour de Tonka has been going through Orono since the first year of the event and that they would like to continue working with the City. Litfin stated riders continue to come to the Tour de Tonka from all areas, and that while they celebrate all the riders, in particular they celebrate the ones who come every year. A number of local communities participate in the event, including Orono, Long Lake, Minnetonka, and Minneapolis. The age of the riders is also spread throughout all the ages, with the oldest rider being 86, who participated and finished the 100-mile ride. Litfin stated the event helps benefit the ICA Food Shelf. Litfin stated Orono has an outstanding Police Department and that they appreciate their help in keeping this event safe every year. Litfin stated the Tour de Tonka has a 16, 28, 49, 57, 77, and 100 mile rides and that the riders will be going through approximately 20 communities this year. Litfin noted Trinity Lutheran Church is the rest stop in Orono and that he would encourage people to come to that rest stop to talk with the riders. In addition, the event has had a number of sponsors as well as volunteers participate, which has helped make the event a great success over the years. The City Council took no formal action on this item. PLANNING COMMISSION COMMENTS – CHRISTOPHER McGRANN, REPRESENTATIVE McGrann stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Scott Gronholz, 2008 Sugarwood Drive, stated his comments pertain to the proposed Mooney Lake development. Gronholz indicated he met with the developer at the property in late February, early March, and at that time discussed a shared vision with the property owner. The vision was to preserve the prairie, MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 5 of 19    develop some lots on the lake, two lots in the woods, and two lots on the upper portion of the preserve. Gronholz stated they viewed an initial plat that not only met every code and ordinance; it actually exceeded the City’s requirements. Gronholz indicated this piece of property could really hold up to 30 lots and still meet every City requirement but that the property owner and developer chose to only propose 11 lots to again meet their vision of preserving the prairie and not have the development become an eyesore in the community. Gronholz stated as a result of sharing the same vision as the property owner and developer, they signed a purchase agreement for one of the wooded lots in the proposed development. Shortly after signing the purchase agreement for the lot, they listed their current home for sale in early April and were very fortunate to come to terms with a buyer toward the end of May. On May 18, the Planning Commission discussed this plat for preapproval. There was a good discussion on some items to be tweaked and the Planning Commission then tabled the application. On or about June 4, Gronholz indicated he and his wife heard that a revision of the development was being made that included removal of the lot on which they had a purchase agreement and an additional lot had been added to the southern part of the development in the prairie. Gronholz stated since this was not consistent with the property owner’s desire or vision, he was curious to know why the change was made, especially since the initial plat met every City requirement. Gronholz stated his understanding of the change was that the Mayor of Orono had provided guidance to the property owner and developer on how the plat should look to obtain approval from the Planning Commission and eventually the City Council and that it appears the Mayor placed a higher value on preserving the woods and less value on preserving the prairie, which was the exact opposite of the property owner’s vision. Gronholz stated the nature of how this change in the plat has occurred has raised a few questions and concerns for him personally. Number one, why was a plat that conformed to City requirements changed when it met the vision and desire of a private property owner and developer? Two, why is the Mayor of Orono unilaterally changing a development plat prior to a public hearing or the City Council’s review of the application and final plat approval? Three, why does the Mayor have the authority to impose her personal preference in changes to a plat prior to final approval by the City Council? As a result of this unusual change in plat design, Gronholz stated he would recommend the following two steps be taken: The City Council should review both the initial plat design as well as the final plat design for final plat approval; and if the initial plat meets all City requirements, it shall supersede the revised plat. Secondly, as a judicial agency, Gronholz stated he believes at a minimum the Mayor should recuze herself from the final plat vote as well as any other Council Member who has influenced changes from that initial plat. Gronholz stated in closing, he and his wife have retained counsel in an effort to resolve this matter and protect their rights and it is their hope and desire that the issue be resolved without filing any motions or complaints against the City of Orono. PLANNING DEPARTMENT REPORT 5. #15-3716 DALE GUSTAFSON O/B/O MARK AND KRISTEN ANDERSON – 3850 WATERTOWN ROAD, CONDITIONAL USE PERMIT – RESOLUTION NO. 6516 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 6 of 19    Mark Anderson, Applicant, was present. Curtis stated last June the City Council granted approval of a conditional use permit to allow for the import of approximately 10,000 cubic yards of fill to the site. This grading was to correct an erosion issue, to create both a level paddock for their horses west of the barn, and create a more gradual slope from the barn to the wetland to east in planting a crop. During the course of the project, the amount of material imported to the site exceeded the approved amount by 7,000 cubic yards. The property owner has provided a revised plan, which addresses the additional fill brought to the site and further requests approval to import approximately 3,000 cubic yards more to complete the project. On June 15, the Planning Commission held a public hearing where they heard from the applicant and members of the public. The Planning Commission voted 6 to 0 on a motion to approve the CUP to allow the importing of 10,000 cubic yards of material, with 7,000 cubic yards being after the fact, subject to a number of conditions that are outlined in Staff’s memo. Staff recommends approval of the CUP subject to the conditions as recommended by the Planning Commission. An approval resolution has been drafted for Council consideration. Curtis noted the Minnehaha Creek Watershed District still has a requirement for a restoration plan to be submitted and approved before work can begin on the property. Tonight the Council should consider adopting or amending the approval resolution. The property owner is present this evening Levang noted Item No. 6 on Page 2 of the Planning Commission recommendations refers to a 60-day limit on the hauling activity. Levang stated she understands the hauling will not begin until Staff receives the right documentation and a preconstruction meeting is held. Levang asked what the process will be if the project takes more than 60 days and whether the applicant will have to apply for an extension. Curtis indicated the applicant should notify the City ahead of the 60 days expiration and then Council will consider an extension or allow Staff to extend it. Curtis stated the Planning Commission was clear about wanting an end date for the neighborhood, which is why it was incorporated into the conditions. Levang stated it seems that the 60 days is more than reasonable given the length of the project, but that she had a concern that a process be in place in the event the project exceeds the 60 days. Levang asked if that should be included in the resolution. Mattick stated the resolution could spell out what the process is. Mattick stated the applicant could provide a 10 to 15 day notice if the project is going to exceed the 60 days. Mattick stated Staff could extend it by another 10 to 15 days if the Council determines that is appropriate. Levang asked whether Item No. 9 regarding the retaining walls is a second violation. Curtis stated to her understanding the walls were constructed during this process and permits were not obtained. Curtis indicated the retaining walls were not included in the original plan. The applicant has now resolved that and has submitted the required information to obtain an after-the-fact permit. Levang asked if there is a double fine associated with the after-the-fact variance. Curtis indicated there is. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 7 of 19    Levang commented she was a little dismayed there was another violation and that it feels like this property owner seems to not keep to the City ordinances. Curtis stated Staff hopes to, at the preconstruction meeting, have a conversation about any anticipated next projects so that everyone can be on the same page with the property owner and work with him to obtain the proper approvals and permits. Levang asked if they will also be talking about Item No. 12 at the preconstruction meeting, which is communicating with adjacent property owners. Curtis indicated they will be. Levang asked if Staff is amenable to adding some language to Item No. 6, such as notify Staff at least 10 days in advance of the 60 days expiring, with Staff being allowed to extend the project for X amount of time. Barnhart stated he would be comfortable with that amount of discretion but that anything more than 10 or 15 days would likely impact the neighbors and that he would bring it to the Council. Walsh commented that makes sense. Levang noted one concern that was raised at the Planning Commission was locating clean fill and that the Planning Commission strongly suggested that be lined up. Levang asked whether the applicant has been able to secure the fill yet. Anderson stated there are a couple of items he would like to discuss. In regards to Items 4, 5, and 6, those all deal with length of time and that he has been very eager to complete this project. Anderson stated starting in November of last year, they pleaded with Staff to get the topsoil laid down and since then they have been addressing every concern the City and Minnehaha Creek Watershed District has had. Anderson stated in their view they have addressed every single obligation that has been raised and that they would like to complete the project as quickly as possible. Anderson stated as it relates to the time restrictions that are set for hauling and the time restrictions that have been set for equipment on site, he would like to make a note that this is a working farm. Anderson stated a corn crop and vegetables have been planted in the front and that there will be tractors operating periodically. Anderson stated he is not sure how someone would distinguish a tractor that is cultivating corn with a tractor that is moving fill. Anderson indicated he looked at the City ordinance and it says that power equipment is allowed to be used from 7 a.m. to 10 p.m. during the week and 8 a.m. to 8 p.m. on weekends. Anderson stated if it makes sense, he would like to comply with the City ordinances as they are written since that way the project would be finished a lot quicker. Anderson stated the hauling and site equipment should coincide, because if the hauling happens and there is no equipment to move it, that will delay the project. Anderson stated there is only so much room in that area and the fill has to be spread when it is delivered. Anderson stated as far as lining up fill, it is a process because the fill has to be obtained within a certain distance from the site because otherwise it will not work. Anderson indicated he did not know until MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 8 of 19    recently if this project was going to continue and that once he has a start date, he can start seeking the clean fill. Anderson stated in his view 60 days is a really tight schedule, especially if there are restrictions on the time from 9:00 to 5:00 during the day and that regular operating hours as set in the ordinance would be more appropriate. Anderson indicated it may take two to three weeks from when he has an agreement to get the fill and the equipment lined up. Anderson stated to address the retaining walls; it was his understanding that a retaining wall less than four feet did not need a permit. Anderson indicated the retaining walls were constructed by Brian Butterfield, who is one of the neighbors, and that it was an oversight. Anderson stated there were two items that may not have been met but that they were an oversight. Levang asked if the work hours were for the neighbors because the hauling up to that point had been bothersome and excessive. Curtis stated that is accurate. Curtis noted the power equipment time allowance that Mr. Anderson quoted is for lawn mowing and that type of equipment and that construction activity is permitted Monday through Friday from 7 a.m. to 8 p.m. and weekends and holidays is 8 a.m. to 8 p.m. Levang asked if the Planning Commission was willing to allow hauling on the weekends. Anderson asked what the City is going to do if they are doing field cultivation and somebody calls because they hear a tractor at 6 a.m. Curtis stated she will be able to visually tell the difference between field cultivation and equipment operating in the project area. Curtis stated it may take some additional Staff oversight in order to ensure the schedule is met. Curtis stated the City typically will receive calls regardless in situations like this. Curtis stated she would suggest the applicant source his materials and that Staff can be flexible with the preconstruction meeting and when the hauling will start but that there just needs to be a mutual understanding. Curtis stated the preconstruction meeting could be held the day before he is ready to start. Anderson stated given the hour restrictions, he would say 120 days is more realistic because there will be rain delays and clearing the mud off the record. Anderson stated if the City would like him to stay with the 9 a.m. to 5 p.m., he would request 120 days. Anderson indicated six out of the seven neighbors have come over and spoke highly of the project and that everyone wants it done. Anderson noted there is one neighbor that has voiced concern about equipment and he reached out to the City but not him personally. Anderson indicated they will go as quickly as they can, but to put a 9:00 to 5:00 and a 60-day limit on it is not realistic. Christopher McGrann, Planning Commissioner, stated the restrictions were placed in order to handle some of the complaints of the neighbors. McGrann asked if it could be 8:00 to 6:00. McGrann stated in his view 7 a.m. to 7 p.m. is unrealistic for the neighbors. McGrann indicated he would be willing to allow hauling from 8 a.m. to 6 p.m. McGrann asked if that would help. Anderson stated he is attempting to deal with everyone’s expectations and being realistic on the project. Anderson stated if the City restricts the hours from 8:00 to 6:00, they will work as quickly as possible. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 9 of 19    McGrann stated if it goes to 120 days, the City will likely hear more questions from the neighbors, which is why the 60 days was selected. McGrann stated he would prefer to go longer hours with the shorter time period. Anderson stated when the fill becomes available, they will move the fill. Anderson noted the contractor for Watertown Road approached him about fill, but because the project was not yet approved, he was not able to accept it. McGrann stated he would rather have expanded hours than an extended time period. Walsh noted at the Planning Commission meeting the applicant did not express any concern with the 60- day time frame. Anderson indicated that was the first time he heard about that. Anderson asked if they could make the hours consistent during the week and on the weekends and have it from 8 a.m. to 8 p.m., which is what is allowed in the ordinance. Curtis stated at this point it is up to the City Council to decide what they feel is appropriate. David Martini, Consulting City Engineer, stated in his view the 60 days seems more than adequate to move 3,000 cubic yards. Martini stated the issue is that the timing is more related to obtaining the fill when it is available from a single source. Martini stated the reality of when this can be done is related to when and where the material is available. Martini stated if the material is available, 60 days should be enough time to move the material, but that what could happen is that 100 yards of material might become available from one place, it is moved to the site, but then it might be another 20 days before they are able to get more material. Levang stated the City is trying to avoid the starting and stopping of the hauling, but that she is hearing that is not possible at this point. Anderson stated he is not sure when he can start, and once that is determined, he can start picking up the phone and finding fill. Walsh stated he would rather have expanded hours than an expanded time frame. Printup stated he is okay with the expanded hours. Printup questioned what the City should do to avoid the stopping and starting of the hauling. Walsh stated everyone will need to move as quickly as they can and that the City Council can include the language suggested by City Attorney Mattick. McMillan asked if he has any identified sources for the fill at this time. Anderson stated he does not at this time outside of Watertown Road, which may no longer be available. Levang suggested changing Point No. 4 to read, hauling will be allowed between the hours of 7 a.m. to 8 p.m., but equipment will be allowed from 8 a.m. to 6 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 10 of 19    McMillan noted it would be Page 4 of the resolution. Walsh stated in his view Mr. Anderson was asking to make the hours consistent during the week and on the weekends. Levang stated the neighbors also have to be taken into consideration and that they have already put up with over 1,000 truckloads. McMillan stated her inclination would be to not allow equipment on the weekends and then add two hours each day for hauling and equipment. Mattick suggested the applicant provide Staff with 10 days’ notice if they will not be able to complete the project within 60 days and that Staff can authorize an additional 10 to 20 days depending on what the City Council is comfortable with. Anything over that would require the matter to come back before the Council. Levang stated Point No. 7 would be changed from 8 a.m. to 6 p.m. and Point No. 13 would be limited to a total of 60 days. Mattick stated as it relates to Point No. 13, the applicant could provide Staff with 10 days notice and Staff can extend it another 10 days or whatever number the Council is comfortable with, with any additional extensions requiring Council approval. Levang moved, Walsh seconded, to adopt RESOLUTION NO. 6516 , a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-916 and 78-966, for the property located at 3850 Watertown Road, with Point No. 6 being revised to allow equipment activity between the hours of 8 a.m. to 6 p.m. during the week, subject to Staff being notified ten days prior to the 60 days expiring if the project is not going to be completed within the required time frame, with Staff having the ability to extend the project time frame by another ten days. VOTE: Ayes 4, Nays 0. 6. #15-3723 SOURCE LAND CAPITAL – LAKEVIEW PROERTY – 405 NORTH ARM DRIVE – FINAL PLAT APPROVAL – RESOLUTION NO. 6517 Gaffron stated the applicants are here tonight seeking final plat approval. This is a 46 lot plat for the Lakeview Golf Course property. Gaffron noted the Planning Commission and City Council have actually been reviewing this application for the past year through a variety of different processes, which also included a Comprehensive Plan Amendment and rezoning. Gaffron stated the Council looked at this application in March and May of this year, with a few minor changes being made to some of the documents, including a draft development agreement that was reviewed last month. The parameters for ownership and maintenance of the private park have been outlined in the development agreement. In addition, the requirement to use the new drain site on Lot 17 has been added to the development agreement. Gaffron pointed out the location of the new drain sites. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 11 of 19    The applicants have applied to the City for permits for the site preparation work needed before improvements can begin, namely mercury remediation for the greens and demolition of the clubhouse and other buildings. Gaffron indicated those permits are ready to be issued. Gaffron stated the development plans have undergone a few minor engineering revisions since the May Council meeting based on comments from the MCWD and the City Engineer and it appears that all engineering issues have been or are in the process of being addressed and will be resolved to allow for final plat approval tonight. Hiller stated he appreciates the City’s patience in dealing with this application and that they are anxious to get started. Levang thanked Mr. Hiller for finding the alternate septic sites. Donna Hager, 4580 West Branch Road, stated she would like to thank the City Council and Mr. Hiller for finding the alternate sites. McMillan commented it has been a long process and that she appreciates all the help from the developer and Staff in resolving the issues. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6517, a Resolution Approving the Plat of Lake, 405 North Arm Drive. VOTE: Ayes 4, Nays 0. *7. #15-3737 RICHARD C. BRAMA O/B/O MARGARET M. BUSCHBOM TRUST – 1150 HOMESTEAD TRAIL AND 3020 SIXTH AVENUE NORTH – SUBDIVISION: LOT LINE REARRANGEMENT – RESOLUTION NO. 6518 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6518, a Resolution Approving a Subdivision of a Lot Line Rearrangement at 1150 Homestead Trail and 3020 Sixth Avenue North. VOTE: Ayes 4, Nays 0. *8. #15-3738 KUHL DESIGN BUILD O/B/O JOHN AND CYNDY BOWLSBY, 1025 SPRING HILL ROAD – VARIANCES – RESOLUTION NO. 6519 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6519, a Resolution Granting Setback Variances from Orono Municipal Code Section 78-1279, for the property located at 1025 Spring Hill Road. VOTE: Ayes 4, Nays 0. *9. #15-3760 REQUEST FOR ORDINANCE RELATED TO HAIR REPLACEMENT/CLINICS/OFFICES Levang moved, Printup seconded, to direct Staff to draft an approval ordinance related to hair replacement clinics/offices within the B-1, B-3, and B-5 zoning districts. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 12 of 19    10. #15-3759 REQUEST FOR ORDINANCE RELATED TO VACATION RENTALS Barnhart stated the practice of renting a person’s home for vacationers is becoming more prevalent, and that over the past several weeks, Council Member Walsh has received complaints regarding the use of single-family homes for vacation rentals. City Code does not currently regulate the use of a home for short or long-term rentals. In addition, Staff has learned that some property owners purchase a home for the primary purpose to rent it on both a short and long-term basis as income property. A cursory review of these sites found 6-15 properties on each site advertising Orono, including one site on Big Island and another single room. The concerns raised are related to noise, number of guests, neighborhood traffic, parking, and guest safety. Barnhart stated enforcement will be a challenge, similar to the provision that prohibits the rental of boat slips. Staff must periodically review advertisements and craigslist to find sites, which could use a considerable amount of Staff time. Barnhart stated Staff would like some feedback on how they would like to proceed on this issue. Printup asked if this would cover vacation rentals as opposed to someone just renting a house. Walsh stated it would be short-term rentals, such as daily or weekly. Barnhart stated the City has heard more recently about weekly rentals and that currently the City does not really regulate rentals. Barnhart stated it is also hard to regulate ownership of a house. Barnhart stated the more recent issues have dealt with situations where people come for a vacation and the neighbors experience problems. McMillan noted the City does not regulate year-long rentals currently. McMillan stated in her neighborhood they have two rentals homes and that they have experienced issues periodically but those related to homes that were rented for a year-plus. McMillan stated she is sure the short-term rentals are happening more on the lake. Walsh stated some cities regulate hotels, which are short-term rentals, but that the hotel has to be eight stories or higher. Walsh noted one of the other cities just took their hotel regulations and amended them to cover short-term rentals. Walsh stated there would need to be appropriate zoning in order to have a hotel, but that amending those existing regulations made it easy to deal with the weekly or daily rentals. Walsh stated this is more of a summertime issue, but that he is aware of a person who has someone renting their house out every week two doors down from him. Walsh indicated that person has had to deal with the traffic, noise, and lack of regular maintenance on the home. Printup stated he would be interested in hearing more about this. Walsh stated with the Internet, there are a number of sites where people can advertise their homes for rent. McMillan asked if there is anything under the City’s regulations relating to noise or nuisance that could help to address some of the issues. McMillan asked if the complaints are related to noise or destruction of property. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 13 of 19    Walsh stated to his knowledge it was the noise and the different cars coming through the neighborhood. Walsh indicated that a resident is experiencing it weekly right now. Barnhart stated perhaps before Staff drafts an ordinance, the solution may be as simple as contacting the people who are advertising on these various sites and encouraging them to be a good neighbor. Barnhart indicated he did a search of five or six major Internet sites and that he found five or six homes in Orono that were being advertised. Printup asked if the homes had the same addresses on the different websites. Barnhart indicated he did not get into the details of the rentals but that based on his brief review, it appeared they may be different homes. Printup stated he likes the idea of putting the property owner on notice. Mattick stated currently the home is being used in a residential way but not the same as owner occupied, which is where the potential conflict comes in. Mattick stated conceivably people tend to behave differently if they are simply renting versus someone who lives there year-round. Levang stated she would be okay with putting this on the master agenda list, and when the joint Planning Commission/City Council meeting is held, this item can be prioritized. Levang stated the first step may be to contact the property owners and encourage them to be a good neighbor. McMillan stated she would hate to be really restrictive on long-term rentals but that the short-term is a different situation. McMillan stated she also is not aware of how often this is happening. Levang stated having Staff check the websites periodically is also not a real good use of staff time. McMillan stated if there is a problem, it is likely one or more of the neighbors will complain. Levang noted there is a complaint form on the City’s website and that might be part of the education piece as well. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT 11. SPEED STUDY FOR CSAH 151 Edwards stated the City has received a request for a speed study on CSAH 151 based on their perceptions of speed and increased traffic. The State Commissioner of Transportation sets speed limits. In order to initiate a speed study, the City would need to request one by resolution from Hennepin County, who would, in turn, request the State to conduct one. Edwards stated some of the factors the State looks at when they set a speed limit is the road type and condition, access points, existing traffic, control devices, crash history, traffic volume, and sight distances. Based on the routine speed of the traffic, it is possible the State could decide to raise the speed limit. Edwards indicated he did look at some of those factors and was informed by the Orono Police Department that there have been eight reportable accidents since 2005 on CSAH 151 and five of the eight MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 14 of 19    related to drivers being under the influence. There were also several deer strikes but not necessarily speed related or related to the geometry of the road. Edwards indicated he also asked the Police Department to conduct a speed study of their own. The equipment is currently monitoring the westbound traffic, but for the eastbound traffic, the study found that 85 percent of the drivers averaged 47 miles per hour in a 45-zone. Edwards indicated he also looked at the annual average daily traffic data study that was performed in 2001 and it showed that there was an average of 1,260 vehicles a day, and in 2013 traffic count was at 1,100. Edwards indicated the City does not have any more recent data. Edwards stated his recommendation at this point would be to wait on a traffic study until development on the Lakeview site is in full swing. Edwards stated another concern raised in the letter related to construction traffic, which could be enforced with different mechanisms. McMillan stated that makes sense and that she is fine with what Staff recommends. McMillan requested the information be passed on to the resident. The City Council took no formal action on this item. *12. WATER TREATMENT SYSTEM IMPROVEMENTS – PAY REQUEST NO. 3 Levang moved, Printup seconded, to approve Pay Request No. 3 to Municipal Builders, Inc., in the amount of $53,920.57 for the Water Treatment Systems Improvement Project. VOTE: Ayes 4, Nays 0. *13. PUBLIC WORKS MAINTENANCE WORKER RECRUITMENT The City Council took no formal action on this item. 14. NAVARRE LIGHT POLE HOLIDAY DECORATIONS Edwards noted he did send some e-mails to the Council with different websites to look at for holiday decorations and that he is looking for Council input on this item. Levang stated she did look at the Vogel website that is based out of Becker, Minnesota, and that they had a couple of items on clearance. Levang stated she was not able to obtain the prices and that they are supposed to be e-mailing those to her. Levang stated in her view it would be worth it to talk with them since they are a somewhat local company and that they had similar designs to what the Council has been considering. Walsh stated he consulted his wife and daughter, who indicated they like the holly, the stockings, and the snowflakes. Levang stated she prefers the snowflake rather than the traditional wreath. Printup stated he likes the holiday theme or winter theme. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 15 of 19    McMillan stated she was thinking of picking out a single snowflake and that they could perhaps mix and match them. McMillan suggested doing five single ones at first, which are cheaper than some of the more elaborate decorations. Levang noted the LEDs are also more expensive. Edwards indicated he will display five different snowflakes at the Safety Day event. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, CONTINUED Edwards noted construction has begun on Stubbs Bay Road. There was a couple days delay due to weather but work has now begun and is progressing nicely. The Public Works Department is currently doing sewer cleaning in the Rest Point area. Edwards stated there were some mix-ups on scheduling with the residents but that process has now been revised. Edwards indicated they were perhaps a little overambitious on how much could be done in a single day and that they have built in additional time in the event any issues arise. Edwards noted every year the City does routine maintenance on all of the City’s lift stations and that work is approximately half-way completed at this point with no major issues found at any of the lift stations. Edwards reported the Public Works Department patched the culvert on Old Crystal Bay and that they will be doing a more permanent patch shortly. Edwards stated STS has begun their work clearing brush and work has been performed in front of City Hall and at Summit Beach and some of the other parks. Edwards stated the port-a-potty at Summit Beach will now be more visible in an effort to deter vandalism. McMillan noted the City continues the process of fixing the erosion that has been occurring on Orono Orchard Road. McMillan noted this is the third time it has been redone and that some fabric has now been placed down. Edwards stated that was based on Council action that was taken last year. McMillan asked if the City is paying for that. Edwards stated the City is. McMillan stated there appears to be a design flaw in that area from the beginning and that she is hopeful the grass becomes better established. Edwards stated it was supposed to be completed last fall, but due to weather, it was deferred until the spring. MAYOR/COUNCIL REPORT Walsh noted there is a fire department meeting on Wednesday of this week. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 16 of 19    Walsh stated he attended the Planning Commission meeting on Monday and that Commissioner John Thiesse made a great statement that it is not the City’s job to design the house or to tell someone what to do. Walsh stated at the March Planning Commission meeting, he witnessed George Stickney present his development near Lake Mooney on behalf of the Dayton family. Walsh noted Mr. Stickney is proposing to develop 11 lots rather than maximizing the site and that the plan was conforming in every way. Walsh stated beyond some little tweaks, the plan looked great. Walsh stated before the next Planning Commission meeting in June, Mr. Gronholz reached out to him and talked about some issues that were going on with the project, such as a potential lawsuit. Walsh stated due to his concerns, he decided to meet Mr. Gronholz out at the site along with the developer and that he found out there was some interference in the project, which was disturbing to him. Walsh stated he was told the Dayton family wanted to preserve the prairie and that they made it very clear at the March Planning Commission meeting that they did not want any more houses in the prairie. Walsh stated that plan ran into an issue with Mayor McMillan, who had a different idea to save the trees. Walsh stated to go and meet with a developer and a property owner and to push an agenda on behalf of the City Council or under the threat and guise that the application will not get through the Planning Commission or City Council if it is not done her way is unprecedented interference as far as he is concerned. Walsh stated in addition, after the March Planning Commission meeting, Council Member Levang was lobbying the developer to change his plan Levang stated that is not true. Levang noted George Stickney was shaking his head indicating that that is not true. Walsh stated the Mayor should recuse herself from any votes on that application. McMillan stated Council Member Walsh is out of bounds. McMillan noted this is the Mayor/Council report and that he should be talking about the community. Walsh commented this is about the community. McMillan stated she is not sure what developer’s meeting he is talking about. McMillan stated in her view Council Member Walsh is out of bounds. Walsh stated in his view the Mayor was out of bounds and interfering with an application that is in front of the Planning Commission and the City Council. McMillan asked Council Member Walsh to show respect for the process. Walsh stated the Mayor should look in the mirror a little bit. Walsh stated he would encourage the Dayton’s and Mr. Stickney to bring back their original proposal for preserving the prairie and have an honest public hearing at the City Council level. McMillan noted the application is in the process and that it has gone through the Planning Commission. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 17 of 19    Walsh stated they maybe should bring out the four-page letter that the Mayor wrote to the landowner as well and read it out loud. Walsh stated the Mayor met with them and interfered with the process on behalf of the Council. McMillan stated she wrote a personal letter to the property owner, which had nothing to do with the application. McMillan stated it was her personal handwritten note to the property owner. McMillan indicated she was asked to come and meet with her and that she generally meets with constituents. McMillan noted she did not meet with the developer but that Council Member Walsh indicated he did meet with the developer. McMillan repeated that she was personally asked to come to the property owner’s house and that she did not reach out to her. McMillan stated in her view nothing will be accomplished tonight by discussing this. Walsh stated the Mayor should recuse herself from the application. McMillan noted the application is not before the City Council tonight and that nothing will be resolved tonight by discussing this. McMillan indicated she does not know anything about a purchase agreement. Walsh stated in his view the Mayor has brought a black cloud over the City of Orono in terms of integrity. McMillan requested Council Member Walsh show respect for the Council. McMillan requested Council Member Walsh to move on. Walsh stated he is sad he has to bring this issue to the table but that it is happening behind the door and it is not transparent. McMillan asked Council Member Walsh if he is finished. Walsh stated he is. Levang reported there was a Park Commission work session recently and that they talked about the adopt-a-park program, which will be tweaked at the July meeting. The Park Commission also discussed having a dog park. Levang stated the City will not have to pay for the burnt port-a-potty and that will be replaced. Levang stated it was the feeling of the Park Commission that if it happens again, they probably will not replace it. Levang stated part of the tree work that is happening at the parks is to make the aesthetics a little better and that this port-a-potty will be more visible in the future. The Park Commission decided not to put an enclosure around the port-a-potty so it will be more visible. Levang noted the Park Commission will be meeting the first Monday of July and that she will be in attendance. Printup stated over the last year or so the Highway 12 Safety Coalition has been meeting, and that the Minnesota Metro Toward Zero Deaths Initiative recently recognized the Highway 12 Safety Coalition. Printup stated as the Highway 12 Safety Coalition continues, it is important that Orono support their fellow cities to the west. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 18 of 19    Levang stated they know there have not been any deaths since the rumble strips have been installed but questioned whether there have been any accidents. Printup stated further west there are already rumble strips along the shoulders. Printup indicated he is not aware of whether any accidents have happened, but that it was a good move to have them installed thanks to the generosity of a Delano company. McMillan reported the Minnehaha Creek Watershed District will be starting the process of updating their Comprehensive Plan and that she has volunteered to be on the policy committee. McMillan stated Orono is being represented by Bob Bean on the technology advisory committee. McMillan indicated the policy committee consists primarily of mayors and council members. McMillan stated it seems like the Minnehaha Creek Watershed District has the right philosophy going into this update. McMillan stated she attended John Barton’s retirement party. John Barton started out being the water resource manager for Three Rivers Parks. McMillan stated she worked with John on the LMCD on the invasive aquatic species. McMillan noted John was with Three Rivers Parks for over 30 years and that he has been a wonderful resource for Orono, Lake Minnetonka, and the whole park district. CITY ADMINISTRATOR’S REPORT Loftus noted the public safety open house is scheduled to take place on July 11 from 9 a.m. to 1 p.m. A number of activities are planned for the event, including tours of the newly remodeled facility and a helicopter landing/demonstration.. Loftus stated the Communications Committee worked on shortening up the intergenerational report and that report will be available on the City’s website soon. Loftus stated the City may want to consider whether they should continue holding their annual photo contest. Loftus noted this is the ninth year for the contest but that this year they received only six entries. Loftus stated she will probably ask that Communications Committee to look at that program and come up with some recommendations for whether the categories should be reduced or changed or whether the contest should be discontinued. Loftus indicated she will bring the committee’s recommendation to the City Council. *15. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT Mattick stated he had nothing to report. CLOSED MEETING 16. ATTORNEY-CLIENT PRIVILEGE, MINNESOTA STATUTE 13D.05, SUBD. 3(b) TO DISCUSS ORONO VERSUS NYGARD MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 22, 2015 7:00 o’clock p.m. _____________________________________________________________________________________   Page 19 of 19    McMillan stated the Orono City Council will be going into closed session to discuss ongoing litigation between the City of Orono and Jay Nygard and that no official City business will be discussed after the closed session is over. Levang moved, Printup seconded, to go into closed session at 8:42 p.m. to discuss ongoing litigation between the City of Orono and Jay Nygard. VOTE: Ayes 4, Nays 0. (The City Council was in closed session from 8:42 p.m. to 9:12 p.m.) ADJOURNMENT The Orono City Council meeting adjourned at 9:12 p.m. VOTE: Ayes 4, Nays 0. ATTEST: ________________________________________ _______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor