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HomeMy WebLinkAbout10-11-2021 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 11,2021 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(arrived at 7:10 p.m.),Richard Crosby III,and Victoria Seals. Representing Staff were City Attorney Soren Mattick,City Administrator/Engineer Adam Edwards,Finance Director Ron Olson,Community Development Director Jeremy Barnhart, and City Planner Melanie Curtis. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA Crosby would like to pull Item 7 for discussion,and add Items 15 and 18 to the Consent Agenda. 1. CITY COUNCIL MEETING MINUTES OF SEPTEMBER 27,2021 2. COUNCIL WORK SESSION MINUTES OF SEPTEMBER 27,2021 4. APPROVAL OF RENTAL LICENSE 5. APPOINTMENT OF 2021 EMPLOYEES 6. LA21-000060—TIM JOHNSON O/B/O SPRING HILL GOLF CLUB,725 SIXTH AVENUE NORTH,CONDITIONAL USE PERMIT—RESOLUTION NO.7220 7. LA21-000051—ROBERT LINDEN CONSTRUCTION, 1074 LOMA LINDA AVENUE, VARIANCES—RESOLUTION NO.7221 This item was removed from the Consent Agenda. 8. LA21-000059—ALLISON CELMS AND OLIVER WHITE, 1040 LOMA LINDA AVENUE,VARIANCE—RESOLUTION NO.7222 9. LA21-000055—TIM WHITTEN O/B/O MARK E.JACOBS AND TRISHA BLAKE, 1700 SHORELINE DRIVE—FINAL PLAT—RESOLUTION NO.7223 10. LA21-000061—ERIC VOGSTROM O/B/O WILLIAM AND SUSAN DUNKLEY& ERIC VOGSTROM,2710 PENCE LANE AND 2709 WALTERS PORT—PRELIMINARY PLAT APPROVAL 11. LA21-000016—SCHIMMEL CONSTRUCTION O/B/O DAVID& KATHRYN WIEMER, 1405 REST POINT ROAD,AMEND RESOLUTION 7189—RESOLUTION NO.7225 12. LA21-000064—ORIGINAL FILE LA19-000068,ERIC JOHNSON,580 ORCHARD PARK ROAD,VARIANCE,RESOLUTION 7029—RESOLUTION NO.7226 13. APPROVAL OF MN DEPARTMENT OF PUBLIC SAFETY GRANT AND RESOLUTION NO.7228 Page 1 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 11,2021 6:00 o'clock p.m. CONSENT AGENDA- Continued 15. REFUND 2010A BONDS—RESOLUTION NO. 7229 18. APPOINTMENT OF PARK COMMISSIONERS—RESOLUTION NO. 7227 Crosby moved,Johnson seconded,to approve the Consent Agenda as amended.VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Barbara Schmidt asked for her name to be corrected in the September 27,2021 Minutes as her name was listed as Schwartz. She noted she would not be able to answer any questions tonight pending the lawsuit. Ms. Schmidt stated the police were called on September 21,2021 because of bike racing in Bederwood Park directly past the playground and park-goers that were out in the open.This call was due to extreme speed and the number of bikers in Bederwood Park by one of the local property owners(not Ms. Schmidt). She said they have evidence that bike practice regularly encircles the playground,and in one instance rode through the playground. She asked the City Council to see her legal team for this documentation.Mountain biking is,by design,an assertive activity and at times an aggressive sport that should not be taking place next to open soccer fields,little children's playgrounds,or walking paths. It is just too dangerous. When this whole idea of bikes in parks came up three years ago, one Park Commissioner verbally approved the practice in the park;the City Administrator said it was a"trial for youngsters."Ms. Schmidt noted the trial is over and said for"us"it is a failure. Mayor Walsh asked who is"us"? Ms. Schmidt replied it is the neighborhood and there are several petitions that state this. Mayor Walsh has not seen any petitions. Ms. Schmidt continued,saying she witnessed approximately 40 riders in the park at one time, it was filled and the parking lot was overflowing.Most of the youngsters were in high school and there were several adults taking up every square inch of the park at speeds that should not happen next to pedestrians.In fact,Ms. Schmidt was nearly ridden over by one of the coaches with a go-pro camera attached to his helmet,possibly filming every single park-goer. She said this is not a safe situation, it is an accident that will happen and they should ask themselves who is liable for personal injury in this situation?School districts?Ms. Schmidt stated they are not doing the schools any favors by setting up these collision courses to happen.The neighborhood and public parks are not racetracks,the parks are not public mountain biking courses,they should not be ridden in the dark with LED lights.Ms. Schmidt stated that Bederwood Park is a place to gather and spend time with families and friends, it is a place for Little Leagues,children playing,dog-walking, and where they meet families and friends.As Mrs.Carlson- Nelson wrote to the City Council,please find another solution to protect these precious woods,not just for us but for future generations. Mayor Walsh asked if Ms. Schmidt would call them big woods? Page 2 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 11,2021 6:00 o'clock p.m. PUBLIC COMMENTS—Continued Ms. Schmidt replied they are big woods. Mayor Walsh asked if Ms. Schmidt knew that 50 years ago it was a field. Ms. Schmidt stated she cannot answer his questions any longer because of the pending lawsuit. If anyone wants to hear about the lawsuit,they can look at the Facebook page. Mayor Walsh said when Ms. Schmidt says misnomers and things that are completely not true it calls out someone to reflect the truth. Deborah Crump,25 Stubbs Bay Road, said there is the park, a new construction,and her house. They have been at that location for a long time and her husband was born-and-raised. She watched the City build the park where they put the new soccer field and asked where did they get all the dirt,as she is impressed,it is beautiful,and she is happy the children all have a place to go as it is growing very large in the area.Ms. Crump chose to be very open-minded about this bike trail,she went down and watched them build the soccer field,watched the kids play in the park, and she watches people every day go by her house to the park and lake. There are parents going down with children in strollers,people walking dogs, joggers, and even horses sometimes going down the street. She said she watches them going to the park and noted they shook their heads and walked away.Ms. Crump stated this park is a family park and stated kids are rolling down the side of the hill and running on different sides of the park and now they cannot do this which breaks her heart. Mayor Walsh asked why the kids can't do this? Ms. Crump replied because the bikes are there. Mayor Walsh asked if the bikes are there 24 hours a day? Ms. Crump replied they are not there every minute. She said Orono can do better than trying to squeeze this track in to this little park. She said to take safety and consideration with kids going this way and that way and going out of the parking lot it is an accident waiting to happen.Ms. Crump went down and watched and saw them dashing out in front of the cars by the parking lot and it scared her. She noted the bikes came across the end where the playground is and little kids ran out that way while bikes were going through there. She asked who does she call to get the beer cans out of her backyard?Ms. Crump said those little trails lead back into her property and this is also something that needs to be addressed. PRESENTATION 14. DIAMOND LAKE REGIONAL TRAIL-THREE RIVERS PARK DISTRICT Stephen Shurson,landscape architect with Three Rivers Park District,noted he is present tonight with Stewart Crosby of SRF Consulting Group.Mr. Shurson gave an update on the Diamond Lake Regional Trail Master Plan and seeks the City Council's approval on the preferred route within the City limits of Orono along Ferndale.The Master Plan will be finished early next year and will be used as a long-term Page 3 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 11,2021 6:00 o'clock p.m. PRESENTATION—Continued planning document in development of the trail.The trail would extend from Dayton to Wayzata,trails would be 10 feet wide,paved,off-road/separated from traffic, and would include bridge structures, boardwalks, or underpasses as needed. Three Rivers has been working with the seven cities along the route to gain approval from each; so far there is approval from the other six cities. Previously they were looking at routes through Orono on Long Lake Road and up Spring Hill Road;based on a new Medina route they are now looking at a new route through Orono.He walked the City Council through the proposed route utilizing existing trails through Baker,the Independence Regional Trail,and the Luce Line over to Ferndale. Crosby asked what kind of encroachments will the trail have along anyone's property? Mr. Shurson replied it should all fit within the street right-of-way and they will look at street-widths if there is opportunity to be compliant; if there would be any easement along Ferndale it would be very narrow along the side and those are Wayzata residents. Johnson moved,Crosby seconded,to accept the Diamond Lake Regional Trail section in Orono. VOTE: Ayes 5,Nays 0. COMMUNITY DEVELOPMENT REPORT 7. LA21-000051—ROBERT LINDEN CONSTRUCTION, 1074 LOMA LINDA AVENUE, VARIANCES—RESOLUTION NO.7221 Staff presented a summary packet of information. City Planner Melanie Curtis noted the Applicant is proposing to rebuild the existing detached garage and connect it to the home with a small, 5.9-foot addition that will continue the 1.2-foot setback from the north side of the home.The detached garage is 15.9 feet from the rear property line where 30 feet is required;the Applicant is requesting setback variances from the side and rear to connect the garage to the home and add a'Y2-or%-story addition over the garage. Robert Linden,4356 5th St NE,Columbia Heights,builder,and John Lindquist, 1074 Loma Linda Avenue, approached the podium. Mr.Linden noted the need for the northeast section is because the utilities go into the home on the northwest corner so that corridor would be the connecting point for utilities and keeping the separation between the garage and home. Mayor Walsh noted the City Council has usually been consistent in not allowing things to become more non-conforming and this application makes it more non-conforming. The reason they say no to things is because a year or two later someone will tear the entire house down and say now they get to rebuild like- kind.The City Attorney will tell them that all of the people the Council said no to for the same type of issue will then come to the City wanting to do that, as well.Mayor Walsh noted they need to be consistent. Johnson asked regarding the area labeled"mechanical,"is that a further expansion of the very limited setback of the garage or is it the height? Page 4 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 11,2021 6:00 o'clock p.m. 7. LA21-000051—ROBERT LINDEN CONSTRUCTION, 1074 LOMA LINDA AVENUE, VARIANCES—RESOLUTION NO.7221—Continued Mayor Walsh replied it is both,they want to add the height within the setback and additional hardcover/building structure within the setback. Mr. Linden noted they are actually reducing the hardcover as it is today. Mayor Walsh asked if it is within the setback. Mr.Linden knows there is a concrete sidewalk that already exists there which will now become building foundation. The height is a story-and-a-half so everything will be within the roof envelope. Mayor Walsh stated they are still adding non-conformity and the City Council has said no to others in the past. Mr.Linden stated the street setback is virtually impossible where it is now. Mayor Walsh replied there are inherent practical difficulties with those kinds of issues that the City Council can work with; however,this application is purposely adding more non-conformity in structure which creates its ownP roblems. Johnson's concern is not so much the height but the enlargement to the garage. Printup moved,Seals seconded,to table LA21-000051, 1074 Loma Linda Avenue,Variances— Resolution No.7221.VOTE: Ayes 5,Nays 0. 16. LA21-000057/58—ROBERT ERICKSON,365 WESTLAKE STREET,GENNESARET PRELIMINARY PLAT Staff presented a summary packet of information. Barnhart stated the Applicant is requesting preliminary plat approval to plat a property he owns,recently vacated portions of Westlake,and is proposing to give the City the drainage and utility easement and additional land for a cul-de-sac. The Planning Commission reviewed the application and recommended approval with the comment on the additional easement to make the cul-de-sac a more conforming size. Staff and Planning Commission recommended an additional 10-foot easement on the backside in lieu of the boulevard reserve the Applicant proposed as part of the vacation request.The Planning Commission offered that potentially shifting the cul-de-sac to the west a bit,it would fit within the existing or additional right-of-way that Mr. Erickson would provide.To this point,Mr. Erickson has objected to that request and Mr.Barnhart seeks City Council's direction on that. Staff recommends approval of the preliminary plat subject to the provision of an easement for the cul-de- sac and Watershed District approval. Mayor Walsh clarified that the Watershed does not give approvals on a preliminary plat but a final plat, therefore it cannot be a condition on a preliminary plat. Bob Erickson,372 Westlake Street,noted about a year ago he applied for a sketch plan to combine five smaller lots that were subdivided in the early 1900's and combining with the southern portion of Westlake Street which has since been vacated. Throughout the process,the boundaries of the proposed Page 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 11,2021 6:00 o'clock p.m. 16. LA21-000057/58—ROBERT ERICKSON,365 WESTLAKE STREET,GENNESARET PRELIMINARY PLAT—Continued plat(Lot 1,Block 1 Gennesaret)have remained unchanged.Mr.Erickson noted that is the application before the City Council tonight and he asks for their preliminary approval. Johnson asked what Mr.Erickson's objection is to having a conforming 50-foot cul-de-sac versus a 40- foot? Mr.Erickson replied to obtain a full 50-feet,the center of the cul-de-sac would have to go westward 17 feet; in looking at the contours or looking at the property they would find a substantial hill that the cul-de- sac would be moved into. Mayor Walsh said to move it just 10 feet there is another 4 feet of hill;now instead of a 6-foot wall they must build there is a 10-foot wall.He noted going the other way and taking more of Mr.Erickson's and someone else's property—he does not own half of that land so the City Council cannot dictate that.He noted if they got the other part of the property,it is also going uphill so once they take that extra 10 feet down into the cul-de-sac,Mr.Erickson is most likely going to have to regrade his entire yard and his driveway to even meet that slope.He noted they would be creating chaos.Third,a prior Council and Staff did their homework and said they could live with 40 feet,so they built their driveway,sold property,built houses,planted trees.Mayor Walsh reiterated that a prior City Council and Staff did their homework and vetted it. He noted it would be a humongous hill and would be a burden for everyone,the City,and safety. The City Council and Staff discussed options for the cul-de-sac;Edwards noted they would pave the standard 40 feet and get quite close to a conforming cul-de-sac.He noted the standard is driven by State Fire Code. Johnson clarified they could achieve the cul-de-sac but there might not be the full 10-foot easement on the east side. Edwards replied that is correct. City Attorney Mattick noted the City gets more flexibility with the right-of-way but if they do not need it, they do not need it. He assumes there is a 10-foot easement to the east which mirrors the proposal and as a drainage and utility they will not be able to pave that 10 feet. If they can achieve the paving with what has already been given and the City is comfortable with that understanding that to get to the conforming,they may have to cheat a bit to the west. Barnhart clarified if the City Council were to approve as presented,they would approve with no extra easement;then the Applicant would come back with a final plat that would be substantially consistent with what they see here. Mayor Walsh noted they still have to approve the final plat which will be subject to the Watershed and other agencies. Crosby moved,Printup seconded,to approve LA21-000057/5,365 Westlake Street,Gennesaret Preliminary Plat as presented.VOTE: Ayes 5,Nays 0. Page 6 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 11,2021 6:00 o'clock p.m. 17. LA21-000062—DON GAMBLE OB/O WARD E.EDWARDS AND DONNA EDWARDS (2474 CARMAN)AND RA EDWARDS ET AL(2480 CARMAN)—CONCEPT REVIEW Staff presented a summary packet of information. Barnhart noted this is a concept review of a potential policy change as the Applicant is proposing to rezone the property.The City Council previously looked at configurations that would create a buildable site south and north of the lagoon creating four lots total. The City Council consistently said they were not comfortable creating non-conforming lots and the challenge has been that south of the lagoon the minimum lot size has always been 1 acre. One portion of land is about.7 acres and the other is less than that but more than.5 acres.The Applicant is proposing to rezone the block of parcels to LR-1 C which is a half-acre zone with a 100-foot frontage width for a lake lot measured at the lake and 75 feet back.Doing that would allow 2474 and 2480 Carman to be split into two conforming lots.Barnhart noted the question is whether the City Council would be open to a formal application for a zone change.He noted it is fairly consistent with how Casco Point Road has been developed. From a planning perspective, Staff does not see a huge issue with how it is proposed.He noted the Comprehensive Plan says it is low-density residential and is compatible with how it is currently zoned and with the LR-1C zoning district. The City Council looked at the 1-acre lots and'/2-acre lots on screen. Don Gamble, 10704 Water Lily Lane,Woodbury, stated the confusing part is how it was zoned in those two different zones.Looking to the west and all the way around the point it is all LR-1C(1/2 acre)until it gets to this point and it goes to 1B with the back of the lots still being 1C but everything south being 1B. He noted changing the zoning does not change the densities,rather they just become conforming with the neighborhood and the density around it. Mayor Walsh would like to see it conform with what is there—he could take the two orange lots and make them one, split off the two lots and then they would all be conforming with current zoning. Mr.Gamble noted it is two separate owners and it seems to him that the zoning is off. Jeff James,owner of 2470 which is just to the west,asked if they rezone this does it negatively affect his property in any way?He does not think it does.His understanding is the way it is zoned is to have one house right now,therefore this zoning change would make it able to have two houses. He wants to be sure it would not be three properties. The City Council replied no,there would not be three. Mr.James stated the south shore of the northern lots is all wooded with deer and he noted they do not want to have one driveway down the middle with multiple units in there. Mayor Walsh noted Barnhart was looking for feedback on the issue. FINANCE DIRECTOR REPORT Finance Director Olson updated the City Council on building permit activity for new homes noting in September the City was a bit lower than previous two years but with total permits the City is right on target. They are currently at 85%or$359,000. Page 7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 11,2021 6:00 o'clock p.m. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT City Administrator/Engineer Edwards stated he is working with the County on a bridge reconstruction plan on North Shore Drive for the following year. He met with the County design team and the final phase of the Wayzata Boulevard turn-back project will be in 2023.Edwards noted they had approximately 25 people at the Parks Commission work session regarding an increased demand for pickleball courts across the metro. MAYOR/COUNCIL REPORT Seals said it was homecoming and there were many people at the game. She shared regarding the soccer club at Bederwood field that every soccer club parent that uses the field loves it and has not complained about being restricted by other parties. She has not heard from any of them. They think it is great that there is a parking lot and playground and many of them bike to the park. Is it busy?Yes.That is a sign that people are using resources that tax money has gone into. She lives near the park and is happy to go down and walk the park with neighbors who are concerned. Johnson noted it is also a trailhead. Crosby thinks it is important during public comments to allow people to speak;however,if it is about reiterating the same thing,it gets old. He noted the City is improving their parks,kids are playing in parks and being active outside,and that is the way it is going to happen in Orono.He stated they do not need to apologize for improving their parks and having children use them. Crosby shared regarding water meters that were changed out to the upgraded ones and the issue he has is that he cannot actually see it for the water usage. He noted he had an irrigation leak that he did not know about and his last bill was$700. Crosby said if the City puts a new meter on someone's house,they need to have access to see it if something is going on so if there is a leak it can be addressed. Edwards thinks it may be an installation issue and Crosby may be able to just turn it so it is facing him. Johnson moved,Printup seconded that the City request that the Three Rivers Park District plow the Dakota Rail Trail this year.VOTE: Ayes 5.Nays 0. Johnson noted they had very talented people wanting to give their time to the parks at the earlier meeting. He asked how do they improve the City's parks so it attracts more people; on one hand they want to bring in a different group and then people do not want it.He said one of the Park Commissioners lives across the street from the golf course and wants more activity at the golf course and wants it to be a year-round attraction.Johnson noted there are a lot of people that live near the parks who want them used more, Seals included.He said they added three new Park Commissioners tonight.Johnson shared about the public works facility plans including traffic flow. Mayor Walsh stated homecoming was great and the kids had a blast.He met with Charlie Minor,the mayor of Long Lake,regarding the fire department.Each City will hire an appraiser and get some proposals on the worth of municipal facilities.He said it looks like the conclusion is whatever the two appraisers come up with,they will take the average,and would then buy it to move forward.They hope this process would culminate in 2023 and they could take over the whole contract in 2022 or 2023. Page 8 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 11,2021 6:00 o'clock p.m. ADJOURNMENT Seals moved,Crosby seconded,to adjourn the meeting at 7:41 p.m.VOTE: Ayes 5,Nays 0. ATTEST: di/gs ' \ 10 nna Carlson, City Clerk Dennis Walsh, Mayor Page 9 of 9