Loading...
HomeMy WebLinkAbout07-12-2021 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 12,2021 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 Matt Johnson,Aaron Printup,Richard Crosby III, and Victoria Seals. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards,Public Works Superintendent David Goman,Finance Director Ron Olson,and Community Development Director Jeremy Barnhart. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance led by Pack 289 Arrow of Light Den. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JUNE 28,2021 2. COUNCIL WORK SESSION MINUTES OF JUNE 28,2021 3. CLAIMSBILLS 4. APPROVAL OF LAWFUL GAMBLING ONE-DAY PERMIT—DECODING DYSLEXIA OF MINNESOTA 5. APPROVAL OF FIREWORKS DISPLAY 6. APPROVAL TO HIRE PART-TIME OFFICER 7. APPROVAL OF THE LELS MEMO OF UNDERSTANDING 8. APPROVAL OF THE EMBEDDED SOCIAL WORKER JOINT POWERS AGREEMENT 9. LA21-000041—THOMAS AND JENNY WILSON, 1955 HERITAGE DRIVE, VARIANCES—RESOLUTION NO.7202 10. LA21-000043—ERIC LUTH OB/O ONYX PERFORMANCE INVESTMENT,LLC, 135 ORONO ORCHARD RD,SANITARY SEWER EASEMENT VACATION— RESOLUTION NO.7203 11. LA21-000044—LECY BROS.HOMES&REMODELING,O/B/O JOHN AND LISA KAERCHER,3297 CASCO CIRCLE,—RESOLUTION NO.7204 12. LA21-000037—ONYX PERFORMANCE INVESTMENT,LLC,135 ORONO ORCHARD RD—ORCHARD CREEK FINAL PLAT—RESOLUTION NO. 7205 13. APPOINTMENT OF PUBLIC WORKS SUPERVISOR(STREETS AND STORMWATER) Crosby moved,Johnson seconded,to approve the Consent Agenda as submitted.VOTE: Ayes 5, Nays 0. Page 1 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 12,2021 6:00 o'clock p.m. PUBLIC COMMENTS There were no public comments. PRESENTATION 14. Pack 285 Arrow of Light(AOL)Den David Herman noted the six gentlemen present have been with the Cub Scouts for 6 years and are based in Mound.This is their last module and is about public service;the group wants to learn about laws,how they are created, and how they can become good, law-abiding citizens. Mr.Herman noted Chief Farniok got back to him very quickly with the idea of the Pack coming to the City Council meeting this evening. The Pack was introduced to the City Council and had a time of Q&A to understand how City government works, and how each Councilmember ended up in City government. FINANCE DIRECTOR REPORT Finance Director Olson gave a monthly update on new home Building Permits in June and Year-to-Date contrasting the number of new homes over the last 3 years. He noted 2021 is far outpacing 2020 and they are already at 63%of the budget for the year which is a very positive sign for building permit revenue.He noted March,May, and June have been higher in revenue than the previous year. PUBLIC WORKS REPORT Public Works Superintendent Goman updated the Council and said the sewer flows are decreasing in the Navarre area with all the repairs that has been done over the past few years for the inflow and infiltration of groundwater. Johnson asked if the number being metered from the Met Council is going down. Mr. Goman replied yes. Administrator Edwards noted what they monitor month-to-month is the pump flow. Mayor Walsh looks forward to seeing those reports on the inflow and infiltration because the previous year they had around$250,000 they needed to spit out because of it. Mr. Olson cannot remember the exact number but stated it has doubled in five years. Seals asked how road work is going. Mr. Goman said it is proceeding,the Navarre area is pretty much done.Today the gas company started in the Casco Circle area and they are finishing the gas services in Park and Elm, and started the construction on Fagerness Point Road. Page 2 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 12,2021 6:00 o'clock p.m. COMMUNITY DEVELOPMENT REPORT 15. LA21-000042—Mohegan Hansen Arch o/b/o CBS MN Properties,LLC,2060 Wayzata Blvd West,Master Development Plan Approval,Zone Change,and Preliminary Plat Staff presented a summary packet of information.Barnhart said the Applicant Mohegan Hansen is working on behalf of the owner Dale Richardson,who is requesting Preliminary Plat,Master Development Plan,and Zone Change approval to construct a 48-unit apartment building. This project is fairly consistent with the sketch plan the Council saw a few months ago with a few updates and changes. The project will require a Comprehensive Plan amendment because the density is lower than is guided for the project; Barnhart noted the City Council has already directed Staff to initiate that change and they are in the process to create a new land-use district for this property that would allow dropping the density below 20 units/acre as it came in at 18 units/acre. The project includes the creation of a 3-story building with one level of underground parking.This is a market rate project and has not been assisted financially. Units are a mix of 1-3 bedrooms with an exercise room,community room,and a rooftop deck on the south side of the building. It is a flat roof building which the Council seemed to support,and the R-PUD requirements suggest a pitched residential-style roof; however this allows the height without increasing a lot of mass. The main issue identified by Staff was the height of the building.The project came in at 30 feet 9 inches and the plans show 31 feet but the Applicant has agreed to reduce the height of each floor by one inch to get to 30 feet 9 inches.The Planning Commission reviewed this project at the June meeting and at the public hearing during that meeting they heard 3 primary concerns. First,neighbors to the north/northeast had concerns with the proposed patio in the northeast corner of the project as they felt that due the noise and general impact the patio should be relocated.Barnhart understands that the Applicant met with the neighboring property owners since that meeting and has prepared a sketch relocating that patio further south. Second,a need or desire for some fencing along the north property line to prevent trespassing into the single-family residential neighborhood.Third,the Planning Commission suggested that the height be kept to 30 feet 0 inches. Staff recommends approval subject to the five conditions including Met Council approval, Watershed District,City Engineer,and Fire Department approval,and approval of the Final Plat Development Agreement.Planning Commission also suggested the height no higher than 30 feet,relocating the patio from the northeast corner, and fencing along the north property line. Staff requests direction on a formal resolution and will come back with a resolution for either approval,denial,or any changes the City Council would like to see. Printup read about the fence on the north side and plantings;he asked if that comes at this stage or later on. Barnhart said it is not uncommon for the landscaping plan to be adjusted a bit as final grades and utility work is done,but if the Council decides to add additional landscaping for a screening perspective,they can direct that at this stage. Regarding fencing,they would like to see that detail as part of the final development package. Todd Mohegan,Mohegan Hansen Architectural Group, 1000 Twelve Oaks Center Drive, Suite 200, Wayzata, said the Planning Commission had issues with the 30 foot 9 inches and they settled on that number from comments from the City Council during the Sketch Plan. The height for the aesthetics of the units is critical and anything that can help with that would be appreciated. Mayor Walsh asked to hear more about the patio,plantings,and a recap of the meeting with neighbors. Page 3 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 12,2021 6:00 o'clock p.m. 15. LA21-000042—Mohegan Hansen Arch o/b/o CBS MN Properties,LLC,2060 Wayzata Blvd West,Master Development Plan Approval,Zone Change,and Preliminary Plat— Continued Dale Richardson,CBS Minnesota Properties,4741 South Lake Sarah Drive,stated they invited all the neighbors to a meeting and had 12 come to the meeting.They discussed all of the items and agreed to relocate the patio more towards the center of the building, and agreed to do fencing on the north and east side.Mr.Richardson noted the concerns regarding landscaping is that the neighbors did not want larger trees on the back to shadow the pine trees that are planted there;neighbors wanted more shrubbery which the Applicant is more than willing to accommodate.He said none of the neighbors objected on the height of the building and basically said if it makes it a nicer project they have no issue with height at all. Mayor Walsh knows height may not be an issue for neighbors,but it may be an issue for the City Council.He asked to talk more about height. Mr. Richardson replied they are just trying to make it as nice as they possibly can and in doing post- tension construction on the building it gives some room but they still have to fit all the mechanicals and are trying to maintain an 8 foot(plus)ceiling height and do not want soffits coming down to 7 feet 6 inches.He noted it is a hardship to maintain a high-end building with a low ceiling, as the two just do not go together.They would like as much height as they can get but are trying to compromise at the 9 inches and hopes the City Council is receptive to it. Mayor Walsh brought discussion back to the Council. Johnson said that 30 feet in height is a hard number and the consideration they gave the Applicant was to go to the flat roof rather than pitched.He is in favor of the Staff recommendations as well as those added on from the Planning Commission: moving the patio,fencing, and the 30 foot maximum height. Crosby agrees with Johnson. Printup agrees and appreciated the comments. He thinks they can take some insight from Orono Woods and the backside in the fall and winter looking like a battleship.He thinks they can get plenty of screening back there. He agreed with the Staff report and Planning Commission comments. Seals agreed and said she was at the Planning Commission and is glad they are doing the fencing and moving the patio. She noted 30 feet is a very slippery slope with the City and she knows the Applicant is very smart and will design something within that box. Walsh said once the Council makes the height higher than 30 feet,that becomes the new 30 feet.The apartment complex that was approved is at 30 feet,the assisted living center is at 30 feet. Barnhart clarified the Council agreed to go up to 31 feet because of water table issues,but the project came in at 30 feet. Walsh agrees with the rest of the Council on the 30 feet. Page 4 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 12,2021 6:00 o'clock p.m. 15. LA21-000042—Mohegan Hansen Arch o/b/o CBS MN Properties,LLC,2060 Wayzata Blvd West,Master Development Plan Approval,Zone Change,and Preliminary Plat— Continued Seals moved,Crosby seconded,to direct Staff to draft a Resolution of Approval for the proposed Master Development Plan,Zone Change,Preliminary Plat,and incorporating Conditions A through H.VOTE: Ayes 5,Nays 0. 16. LA21-000040—Text Amendment Related to Dock Licenses on Big Island Barnhart said Council directed Staff to draft a resolution that will allow the City to put in docks and then people could license a slip on one of the docks. Staff and the City Attorney's office worked together to draft an ordinance. It was sent to the Lake Minnetonka Conservation District(LMCD)for comments and Barnhart's takeaway from those conversations is that certain things may require additional approval, variances, or licenses.The LMCD provided comments which Barnhart has shared with the City Council. This ordinance allows the City to initiate the licensing program for docks on Big Island.He is open to feedback or changes from the Council and noted they received feedback from one of the property owners on Big Island requesting that the item be tabled.He received this after he assembled the packet, and said the suggestion to table is not part of the critical path for the ordinance, although it may be part of the critical path for issuing a license at certain locations. Johnson noted in one of the neighbor's emails they listed things they would like to see. First,no canopies or lifts which Johnson thinks was sufficiently addressed,and second that it would be for the property owners only and not renters which Johnson thinks is reasonable. He knows that is a concern on Big Island with the VRBO and the Council is doing this to accommodate the property owners and not for them to increase activity out to Big Island. He suggested inserting something about that. Barnhart said with the Crystal Bay Road dock-slip,they had to document their boat license information before the City would issue a license. Mayor Walsh said that would almost take care of it. Johnson replied part of the Big Island rental could be their boat. Seals agreed. Johnson suggested added something saying"not to be used by renters."He noted the dock has to be approved by the LMCD and the person that wrote in said they wanted LMCD approval without requiring any variances from the LMCD.He does not want to limit someone's ability to get a reasonable thing done by the LMCD and that is the LMCD's business.He was also happy to see they sent this to the LMCD rep for input. Attorney Mattick received some correspondence from an attorney regarding lots 19 and 20 who felt that the City had relinquished their rights to those particular lots. One thing to keep in mind is as they look for locations for docks they will need to look at those specific properties to make sure the City has not vacated them in the past and that they still have those rights as this would not give them rights to lots they have otherwise abandoned or vacated. Attorney Mattick will work on adding the language suggested by the Council and will bring it back at the next Council meeting on the Consent Agenda. Page 5 of 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 12,2021 6:00 o'clock p.m. 16. LA21-000040—Text Amendment Related to Dock Licenses on Big Island—Continued Barnhart updated the Council and said they are excited for Laura Oakden to come back and with the addition of Katie Fitzsimmons it will allow Staff to have a breather. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT Edwards said the focus has been on Staffing and there are two vacancies they are currently working on, including the Accountant position and the Public Works Manager.He received a letter of resignation today from the Parks and Golf Course Superintendent who got his dream job working for a non-profit. The Council discussed the size of the Bederwood field and whether there are any options to make it bigger.They decided to ask Mr.Martini to go out there with Seals and Edwards to try to solve the issue of the size of the soccer field. MAYOR/COUNCIL REPORT Crosby congratulated Kelly Shaughnessy who celebrated 45 years with the Long Lake Fire Department. He also congratulated Tom Aldridge who has been there for 32 years. Johnson met with Walsh on the Public Works Building and getting the ball rolling on that. Walsh added that his oldest daughter is starting Driver's Ed soon. Dennis Libby of the Planning Commission updated the Council and said he thinks they have a very synergistic group with very different-thinking members of the Commission which is very healthy, and it has been a pleasure to find the reports where they seem to have such cohesion in their thought-process. They bring things through the process with Mr.Barnhart to the City Council and likewise the Council finds that the Planning Commission made the right suggestions. ADJOURNMENT Crosby moved, Seals seconded, to adjourn the meeting at 7:04 p.m. VOTE: Ayes 5,Nays 0. ATT T: %Pete nna Carlson, City Clerk Dennis Walsh,Mayor Page 6 of 6