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HomeMy WebLinkAbout08-13-2020 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday,August 13,2020 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, Aaron Printup and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Development Director Jeremy Barnhart, City Attorney Soren Mattick. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JULY 27,2020 2. COUNCIL WORK SESSION MINUTES OF JULY 27,2020 3. CLAIMS/BILLS 4. APPROVAL OF GARBAGE HAULER LICENSE 5. APPROVAL FOR NOISE EXEMPTION FOR A SPECIAL EVENT PERMIT—1265 SHORELINE DRIVE 6. APPROVAL FOR RENTAL LICENSE 7. REPLACEMENT GENERATOR FOR CITY HALL,POLICE DEPARTMENT AND PUBLIC WORKS 8. 2020 CRACK SEALING ADDITIONAL WORK 9. APPOINTMENT OF 2020 SEASONAL EMPLOYEES 10. WOODHILL AVENUE TRAFFIC MANAGEMENT 11. LA20-000044—GOOD SHEPARD LUTHERAN CHURCH,3745 SHORELINE DRIVE, CONDITIONAL USE PERMIT AMENDMENT—RESOLUTION 7113 12. LA20-000043—DAVID AND PATRICIA JAQUA,3262 NORTH SHORE DRIVE, VARIANCES—RESOLUTION 7114 13. LA20-000042—Lake Country Builders o/b/o Ronald and(lolly Rocca,2520 Casco Point Road, Variance—Resolution 7115 Crosby moved, Seals seconded,to approve the Consent Agenda as submitted.VOTE: Ayes 5,Nays 0. Page 1 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday,August 13,2020 6:00 o'clock p.m. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 14. LA19-000065—CITY OF ORONO TEXT AMENDMENT RELATED TO SUBDIVISIONS Barnhart gave a review of draft changes to the Subdivision Code, noting it is a lot of information to review so he is not asking for approval tonight, instead he would like to hear any comments or questions the Council may have and he can come back with any changes or updates for a motion for approval at an upcoming meeting. Barnhart stated Staff was authorized over a year ago and has been working with the City Attorney over the last 3-4 months with the goal to revise and clarify the ordinances that relate to Subdivision. He noted that Councilmembers could see on their screens the comments that he,Attorney Mattick and the Planning Commission made through their review, noting the Council felt that was helpful with a recent subdivision to see how they worked through issues. Barnhart noted they tried to make the Subdivision process consistent with State statute, as in some areas it is not consistent, and also to make sure it matches City of Orono practices and policies. He said they removed some things that are not needed in the Subdivision Code. He said the main change addressed definitions, noting they wanted them to match the Zoning Code and there were 5-10 areas that did not match between the Zoning Code and Subdivision Code and that is problematic for many reasons so this was a good opportunity to make them match. In the current Subdivision Code there are three types of Subdivisions, Class 1, Class 2 and Class 3. Barnhart is proposing to strike those and use just one classification, as the process is basically the same(Planning Commission, Council, Public Hearings). The different classifications caused some confusion for applicants and occasionally Staff, so they did away with the three classifications to make it easier to understand the process. Another change made is proposing that every subdivision, which is the creation of a new lot, rather than a boundary line adjustment, would be platted instead of described by metes and bounds. While this may have a little more up front expense, Barnhart thinks it will pay off in dividends down the line when the property owner has to create an easement or adjust a boundary line, as they have a much easier legal description to create and go back through metes and bounds history. Finally, Barnhart noted they wanted to take a critical review of their subdivision process to make sure it met with State statute. There are a number of changes in the draft,accompanied by notes explaining the reasons why the changes were made to make things clearer for the Council. He said the Planning Commission reviewed the process over the last two months, noting they tabled action as they had questions and requested additional information. He pointed out that the Council has the June 15, 2020 Planning Commission Meeting Minutes,noting the July Planning Commission Meeting Minutes came late and he will get them to the Council. Ultimately,the Planning Commission recommended approval on a 5-to-1 vote with Commissioner Chris Bollis voting against the changes as he had some questions or concerns with several sections. Barnhart reiterated he is not looking for approval tonight but would like some feedback and direction from the Council. Page 2 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday,August 13,2020 6:00 o'clock p.m. Crosby asked where Commissioner Bollis had issues. Barnhart replied there were a couple of areas Bollis had noted, one was the definition of cul-de-sac, which is Line 57 of the document onscreen. Barnhart is proposing to add the word"circular turnaround,"noting that anything underlined in the document is a proposed addition and anything with a strikethrough is a proposed removal. The definition of cul-de-sac as it reads now is"an appropriate terminus for the safe and convenient reversal of traffic movement." Barnhart would like to add"circular turnaround"as that has been consistent with the Council policy over the last 3-4 years and the Council has discussed with developers what an appropriate turnaround should be when the Fire Code allows a hammerhead and the Council has wanted a circular turnaround. This does not mean that the Council cannot grant a waiver in the future if the need arises. Walsh said that is the big issue because with all of the developments the Council has looked at they've always said they're starting with a cul-de-sac, and unless there is a reason they cannot put in a cul-de-sac or if there isn't enough room,then they will talk about something else. Walsh noted that when Bollis was trying to do his development,he wanted a hammerhead and the Council said no there must be a circular driveway for buses, delivery vans, fire vehicles, etcetera. Walsh said a circular turnaround is the best thing to have if possible and he thinks that is a good starting place so people know and don't get a strange idea that they can put anything else they want because it says an"appropriate turnaround." Crosby asked if the word"hammerhead"and a description of the word is in the document. Barnhart said no, it is only referenced in the Fire Code, and that is where some of the issue comes in, determining what is appropriate and who determines it's appropriate. Walsh said it helps to have a definition in place for a developer;then Staff is able to say this is what the Council wants, and there is a starting point so it forces the developer to work with that standard, if possible. He noted it may not always work but from a community standpoint, he thinks that is the best thing to have in the document. Barnhart said another comment that Mr. Bollis raised was Section 82-50 about Consumer Protection which starts on Line 527 of the document, noting they are proposing to remove it. He noted there was quite a bit of discussion at the last Planning Commission meeting regarding this subject; Commissioner Bollis raised it as a concern,then in June the Staff provided some additional information from Attorney Mattick. At that point, Commissioner Gettman heard the new information and still had some issues and concerns with it. Barnhart noted in his twenty years of planning service, he's never used this type of clause, certainly not in Orono. The Planning Commission discussed the challenge that if the purchaser of a property to be subdivided had created some sort of fraud or illegal activity and the City wanted to use this clause against them. He said they run into a timing issue, for example, in year one the purchaser commits the fraud,year two they submit the plat and the City approves it,year three construction starts, year four is perhaps when the first house goes in. In this example,the timing issue might come in when the homes are being built(year four), and that may coincide with the time the fraud might go before the court system. Barnhart said he doesn't know that this really helps the City in that respect and that is why they are recommending removal. Walsh noted in the end,the Planning Commission voted 6-0 to remove the section, also, once they understood the arguments. Page 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday,August 13,2020 6:00 o'clock p.m. Barnhart said yes, except he thought Commissioner Gettman did not support removal, as it was a voice vote during discussion and he thought it was a 5-1 vote, but it could have been 6-0. Barnhart noted another area of discussion were the sketch plans for adjacent properties which starts on Line 766. The idea is that if a property owner wants to subdivide, and they've also indicated they're trying to purchase the property next door,the Planning Commission could require the property owner to show a sketch plan of how the roads would line up. The Planning Commission felt that was too much of an overreach so ultimately Staff supported removing it, noting the overall goal is somewhat protected as it's included in the Code further down where the roads either have to show a through connection with adjacent properties or terminate short of the property line so they can't be connected. He said as a Staff, they look at whether there are any logical connections with the subdivision to other properties,regardless of who owns it or what the subdivision timetable is. Barnhart gave the example of Orono Preserve, noting there are two roads that dead-end and at the time,the family had no intention of ever developing, but if they do choose to develop one day,the City wanted to have an opportunity for connection. He noted that Staff ultimately removed that potential clause from the Code. Barnhart said another item that the Planning Commission talked about was the minimum frontage on a street, starting on Line 1746. This is a result of some things the Planning Staff has seen over the years, saying if someone has a lake lot,the width of the lot is measured at the lake and at 75 feet back,there is no minimum measurement at the street. He noted there have been some property owners who have tried to exploit that by meeting the requirements at the lake and the 75 foot setback,but have virtually nothing at the street level,therefore requiring an easement to get to the property and is not a good system to create. Walsh said that can be seen with the cul-de-sac lots coming in. Barnhart said yes,that is a good example, noting on the Orono Orchard Road project,they had talked about reducing the width at the building setback line because of the cul-de-sac configuration. Walsh said this is another example of having a good tool in the City's kit that says this is what is needed for a minimum, but it doesn't mean that the Council can't grant a variance if there is a problem. Printup asked if that would prevent some of the odd shaped lot lines that jog all over the place. He noted sometimes in order to adhere as closely as you can with Code you have to move a lot line. Walsh added, especially if someone is trying to maximize the amount of lots on a property, for example, around a cul-de-sac,they will have as many lots as possible and a very skinny section leading to the cul- de-sac because then you get more lots. He said if the City requires 18 feet, they'd have to have a reason to ask what the practical difficulty is for the developer that they can't have 18 feet or does the developer just want to have more lots to sell. He said they should have in this tool in the Planning Department kit to be able to say what the standards are and the Council can vary from that if there are issues with variances. Crosby asked if there is a minimum spelled out in the Code. Barnhart said there is no minimum, as long as the developer meets the width at the building setback line for non-lake lots, or at the lake and 75 foot setback for lake lots,there is currently no requirement. He noted this would only apply in the subdivision process, as they are not creating a new minimum width for Page 4 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday,August 13,2020 6:00 o'clock p.m. a given zoning district. He clarified if someone creates a new lot,this would come into play and if someone already has a lot,they would not need to get a variance. Walsh noted the Planning Commission went through the document very well and definitely had a lot of items. He thinks it would be good to send the updated document to the Council so they have time to review and see if there are any other questions they have before they move forward. Johnson noted in the past, when the Council changed how they measure the average lakeshore setback and if a line goes through the middle of the house,the Council talked to some surveyors to receive input. He asked how the Council could involve the people this document affects, for example,those who do work in Orono. He wondered if they should get some input and invite every contractor who has done a development in the City in the past year to read the document so they know what is being proposed and that something isn't missing. Walsh asked if the document has ever gone to the Development Review Committee(DRC). Barnhart said it hasn't gone before the DRC as a group, noting it has been mentioned but not as a draft. He said he could send the document to the handful of surveyors that have done plats or subdivisions within the last year and see if they have any comments. Johnson said they want to find a balance between having rigid codes and making sure the codes are as reasonable as possible to avoid having to go through the variance application process. He said he knows a considerable amount about development but there are some nuances in the draft that only someone who really works in that field can give input on. Crosby agreed that it wouldn't be bad to send it out to the surveyors or developers and invite them to a work session for a discussion and to point out things the Council may want to look at more closely. Johnson said they can give surveyors and developers the opportunity and it's up to them if they want to speak up, noting if the Council going to do it,they want to do it right. Walsh said it sounds like they're not in any hurry. Johnson said there is a big difference between over-three-lot developments and the complication you get into there, and if they're grouping them together,taking out the three Classes the process is the same. He said there was some language about avoiding the need to go before the Planning Commission for some things and he doesn't see the value in skipping that. Walsh said he agrees and noted the Planning Commission voted not to do that. Crosby said Johnson made a great point about not having to send so many people through the variance process and it's about simplification. Walsh said this isn't a variance process, but it's that subdivisions need to get approval. Crosby said that is correct and this way if the language is clear people know what's expected so there may be less people applying for variances later on. Page 5of8 MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday,August 13,2020 6:00 o'clock p.m. Johnson clarified that it would be input from surveyors and developers rather than a wish-list. Walsh said he thinks it is good to have some set standards so they at least set the table and it doesn't impact the Council later when there are no standards and people can put in whatever they want, for example a six foot driveway. Crosby said the Council may have something in the draft that is not reasonable and the surveyors and developers could come back with input. Walsh said sometimes"they don't know what they don't know"until the Council run into things and they can only read so much verbiage until the reality hits when subdivisions actually start coming through. He said the Development Review Committee(DRC)has done a good job looking at those things with construction people and developers in those meetings to see what has worked and what has not. He said perhaps it makes sense for the Council to make tweaks and changes, as sometimes you don't know until issues pop up in front of the Council. Printup noted the Council had a crack at starting the cleanup process and next week when the Code Review Committee looks at it they will have a heads up. Barnhart said he'd send the draft to the Council immediately and then send it to the surveyors that have done work in the City over the last year. He also agreed to send it to the Code Review Committee. Crosby moved, Seals seconded to table consideration LA19-000065—City of Orono Text Amendment Related to Subdivisions. VOTE: Ayes 5,Nays 0. MAYOR/COUNCIL REPORT Printup shared that Corn Days the weekend before wasn't quite the same, but he still got some roasted corn and was able to support them. He said it was a drive-through event, noting it was a good fundraiser. He also thanked the Orono Police Department for hosting a very important Firearms Safety Class and said it was test day and tomorrow the class will finish up. Crosby said the previous Friday night he attended a ride-along with Officer Sturm from the Orono Police Department,noting he thinks very highly of Officer Sturm and believes he is one of the best officers the City has. He said Officer Sturm is good with the public and in working with the partners in the Fire Department he was always a pleasure. Crosby said years ago his dog ran away and he was tracking the dog through the muck in the woods and finally found the dog. Officer Sturm was on the hunt with them and pulled up to give them a ride home, even though the dog was a mess,noting he'd had worse in the car before. Crosby noted the ride-along was not dull,they started with a home break-in which was very exciting to see full reds and sirens to the other side of town, and that the Orono Police Department worked with other law enforcements agencies(Minnetrista and Hennepin County). The second call was a medical call in Minnetrista and that it was a tough call and his prayers go out to the young man and his family. There were some other minor traffic stops and he was really impressed with the way the Officers handled themselves. He said he didn't want to miss anyone and noted Steve Sturm, Will Carstens, Fred Vargas,Larry Cable and Jane Szczepanik and said it was a great night,he gave props to the Chief, saying they have a great police department and that the citizens should be very proud. Page 6 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday,August 13,2020 6:00 o'clock p.m. Johnson said he has two nephews in the Firearms Safety Class and noted that it is one of the very few in- person classes in the State of Minnesota, as many have gone completely virtual, including the field day which is the actual handling of firearms, pistols and shotguns. He said the hands-on piece is really big and he commends them for meeting in-person. He said on a Field Day they get to shoot under instructions, rather than just watching on screen and noted many of the students are younger people with varying degrees of previous experience and it's really important to do it in-person. Printup noted the class needs to go to Corcoran for Field Day and wouldn't it be nice if they could do that right in the City of Orono. Johnson answered yes and perhaps that is where the City's Public Works Building may come in. Crosby asked what the age range in the DNR Firearms Safety class is. Printup answered he believes the ages range from 11 to 17 years old. Johnson noted the Council had approved a permit for a big Fireworks show, and it was pretty impressive. Walsh stated Seals sent him the video and said he let Bob Erickson know. Seals said it was loud and impressive and she loved it. She said it was comparable to some of the City Fireworks displays. Seals thanked the residents for giving Walsh, Crosby and herself another four-year run on the Council and congratulated her colleagues. She noted it was a bit odd not to have competition or to go knock on doors. Crosby stated he still got some signs out and knocked on a few doors and said it's fun to go out and see neighbors and residents. One woman said she'd been waiting for him because she wanted him to put his sign in her yard, noting he loves this woman, she's terrific and thinks maybe she will adopt him and he will adopt her. He also noted he missed not seeing the residents as much but not having competition was wonderful. Seals said it would be fun to watch Orono's neighboring cities as they have a lot of competition running for City Council, noting she doesn't know what is going on in some of those cities. Crosby said he hopes they pick really good candidates because if history shows anything,with everything that Minneapolis went through recently,having a good Council and a good Mayor and so forth is so incredibly important. He said when he took the position on the Council, he underestimated the importance of the role, noting the situation in Minneapolis shows that if a City doesn't have a good Council and Mayor,people don't have safety,they don't have business and possibly even their life and that is very sad. He asked people to make good choices. Walsh congratulated his colleagues on the Council and said they have two election cycles of unopposed members,which he thinks is a large statement from Orono residents,that they are trusting that they Council is doing the right thing and it's going great. He said he had a conversation once with a person running for Council in Tonka Bay and that person asked him what Walsh's advice would be. He answered"just say what you're going to do,and then do it." It's as simple as that. He noted there are always platforms when people are running and they may not always be popular at the time but they make Page 7 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Thursday, August 13,2020 6:00 o'clock p.m. the most sense for the City and he thinks everyone in Orono knows the Council is doing the right things for the residents and that is what the job is about. Walsh updated the Council, saying in his household they've been celebrating lots of birthdays and having lots of cake and his wife has been doing a 30-day challenge of cooking something new and different that she's never cooked before every day and posting it to Facebook. He said they've been eating very well at home and trying lots of new food. Seals said the food looks good and she's waiting for an invite. CITY ADMINISTRATOR REPORT Rief gave an overview, saying construction is occurring on Togo Road and they're working on utilities and most should be completed this week. Next week they'll move to soil replacement and get the road back to being drivable. He said they won't start the rest of the Navarre Projects until that road is back to having curb and gutter and that the road construction was needed. He noted East Long Lake Trail is underway, most of the asphalt has been removed and they are working on pilings for the Boardwalk next week and rain gardens. The Legacy Fund is doing fundraising for benches and other things to add to what has already been contributed. Rief said he and Mattick will meet with the Local Twelve next week to understand what they are proposing for their union contract. He noted the Council just approved Rockville Lake and noted regarding the Fair Labor Standards Act(FLSA)Audit,they are in the final stages of preparing the information to send back and they're doing calculations on back wages right now and it's roughly between$7,000 and$8,000 for two years. Rief said he received a resignation for one of the City's Officers earlier that day that will be brought at the next Council meeting, noting it's not something that anyone saw coming and he doesn't know if it's a result of the environment that officers are dealing as there is a lot of added stress right now. He noted that is not reflected here, as the Council supports the officers well and he thanked the Council. He said it could be a result of the feedback on social media and news media and it's taken a toll on the department. CITY ATTORNEY REPORT Mattick noted he had a conflict at the next meeting so he was sending a colleague in his place named Shana Conklin and she has been with them for about seven years and is lead attorney in a few other communities. ADJOURNMENT Crosby moved,Printup seconded, to adjourn the Orono City Council meeting at 6:44 p.m.VOTE: Ayes 5,Nays 0. ATTEST: Od30210/ / •nna Carlson, City Clerk Dennis Walsh, Mayor Page 8 of 8