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HomeMy WebLinkAbout03-14-2022 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 14,2022 6.00 o'clockp.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, and Richard Crosby III. Council Member Victoria Seals and Aaron Printup were absent.Representing Staff were City Attorney Soren Mattick,City Administrator/Engineer Adam Edwards,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. APPROVAL OF AGENDA CONSENT AGENDA Crosby asked to add Resolution#7258 to the Community Development Report as Item 20. 1. CITY COUNCIL MEETING MINUTES OF FEBRUARY 28,2022 2. COUNCIL WORK SESSION MINUTES OF FEBRUARY 28,2022 3. CLAIMSBILLS 4. AMEND 2022 FEE SCHEDULE REFERENCE PARK DEDICATION—ORDINANCE 270,THIRD SERIES 5. APPROVAL OF RESOLUTION REESTABLISHING PRECINCTS AND POLLING PLACES—RESOLUTION NO. 7253 6. APPROVAL OF RESOLUTION DESIGNATING POLLING LOCATIONS FOR 2022 ELECTIONS—RESOLUTION NO.7254 7. APPROVAL OF HENNEPIN COUNTY 2022 SPECIAL EVENT PERMIT FOR LONG LAKE ROWING CREW 8. LA21-000061—ERIC VOGSTROM OB/O WILLIAM& SUE DUNKLEY& ERIC VOGSTROM,2710 PENCE LANE AND 2709 WALTERS PORT—ROADWAY EASEMENT AMENDMENT 9. LA22-000007—ALMA HOMES LLC OB/O ANDREA& GARRETT GRONBERG,65 STUBBS BAY RD N,VARIANCES—RESOLUTION NO. 7256 10. APPOINTMENT OF PLANNING COMMISSIONERS, CONFIRMATION OF PLANNING COMMISSION CHAIR,VICE CHAIR—RESOLUTION NO.7257 11. APPROVAL TO HIRE MECHANIC 12. 21-014 SEWER REHABILITATION—FINAL PAY REQUEST/PROJECT CLOSEOUT 13. SPACE NEEDS AND FACILITY STUDY FOR CURRENT PUBLIC WORKS BUILDING Page 1 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 14,2022 6:00 o'clock p.m. CONSENT AGENDA—Continued Crosby moved,Johnson seconded,to approve the Consent Agenda as amended.VOTE: Ayes 3, Nays 0. Crosby moved,Johnson seconded,to approve Gary Kraemer as a Planning Commission alternate member.VOTE: Ayes 3,Nays 0. PUBLIC COMMENTS There were no public comments. PRESENTATION 14. Swearing in of Junior Cadets Mayor Walsh led Allison"Allie"Bunker and Lucas Bacon in the Oath of Office of Police Cadet through the Growth through Opportunity program(GTO). FINANCE DIRECTOR REPORT Finance Director Olson showed a slide on screen representing building revenue,noting they are currently at 11%of the budget and this is the slowest building time of the year. COMMUNITY DEVELOPMENT REPORT 15. LA21-000076—YARDSCAPES,INC.,LINCOLN DANFORTH, 1720 BOHNS POINT ROAD,VARIANCES City Planner Laura Oakden gave a presentation on the item,noting the Applicant is proposing to reconstruct a failing concrete retaining wall within the 75' lakeyard setback. She showed a survey on screen of the proposed and existing wall. The property abuts Lake Minnetonka with a large slope along the shoreline and is currently vacant.Ms. Oakden said the new proposed walls will be boulders to match the walls of the neighbors to the north.Most of the walls will follow the same footprint as the existing walls.There is a slight variation in the first 30 feet of the wall abutting the northern property;The Planning Commission held a public hearing on February 22,2022 and voted 5 to 0 to approve the variance request. Staff recommended approval of the variance with additional landscape screening. City Council is asked to provide direction to Staff for drafting a resolution. Mayor Walsh shared that he walked the property.He asked the home owners' representative if he did the work on the structure on the property. Lincoln Danforth,representing the home owner Christian Park,replied in the negative and believes the home owner did it himself Mayor Walsh asked about electrical, concrete,stonework,framing, and roof work. Mr.Danforth did not know who did those and noted there is a boat house around the side where the house structure is. He has not been down to see it since there was work done. Page 2 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 14,2022 6:00 o'clock p.m. LA21-000076—YARDSCAPES,INC.,LINCOLN DANFORTH, 1720 BOHNS POINT ROAD, VARIANCES—Continued Mayor Walsh stated there is a brand-new boat house there and he wondered who did it because no permits were pulled,it is not allowed,and it was built in the middle of the night in the wintertime. Mr. Danforth has not been down there since any work was done so he cannot comment on the boat house. Tonight his part is regarding the retaining wall.In 2017,his company did the landscaping on the house next door noting they had permission to repair some failing walls at that time. The engineering is already done as well as drainage and he does not know why the concrete system has an irregular jog outward and whether it was done for structural purposes or extra support at the time. Mayor Walsh said it almost relates to the boat house.The City Council has had people with small boat houses or storage shacks that want to move them and the City has never allowed that, even a foot in the floodplains.Rather,the City Council has had the Applicants raise the structure without going bigger or taller. The problem Mayor Walsh sees in allowing the Applicant to straighten out the walls to make it look better is allowing them to do something that others have not been allowed to do. When there is hardcover, foundations,and structural coverage in the 0-75,they must live with the formation that is there.He noted they must follow like-and-kind and the same footprint as is present currently. The City Council discussed wall integrity,width of the footprint,and like-and-kind. Mr. Danforth asked to go back and revisit what can be done regarding the wall. Johnson moved,Crosby seconded,to table LA21-000076, 1720 BOHNS POINT ROAD, VARIANCES.VOTE: Ayes 3,Nays 0. 16. LA21-000077-PKA ARCHITECTURE O/B/O LONG LAKE ROWING CREW-FEE WAIVER REQUEST/REIMBURSEMENT OF COSTS City Engineer Edwards stated the City has had proposals by the Long Lake Rowing Club(LLRC)for the construction of a boat house in partnership with the City at Summit Beach Park.The Club submitted a Conditional Use Permit(CUP)and a text amendment application.The Applicant is now withdrawing those applications and has asked for the fees associated with those to be waived and would like to present to the City Council. Rob Berrell,2740 White Oak Circle,thanked the City Council,Committees, and Staff for their time and energy to explore the idea of a community rowing center.He noted on March 1,2022,the LLRC Board voted unanimously to withdraw the application for a public-private partnership.Mr. Berrell gave history of the LLRC and shared their goals, stating they took feedback from the Park Commission,City Council, and noted many residents supported the project but wanted to find an alternative location. The LLRC incorporated a host of public amenities for use by the public in the plans.Mr.Berrell shared a timeline of events including interactions with residents,social media misrepresentation,and the LLRC's welcoming of engagement with the community on the project. He corrected some of the misinformation on the Dayton Family letter,taking over the swim beach,the lake,the park,the parking lot,and other information presented on social media regarding the LLRC.Mr. Berrell respectfully asked that the LLRC's fees be refunded. Mr.Berrell's full statement will be attached to the meeting's packet for the record. Page 3 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 14,2022 6:00 o'clock p.m. LA21-000077-PICA ARCHITECTURE OB/O LONG LAKE ROWING CREW-FEE WAIVER REQUEST/REIMBURSEMENT OF COSTS—Continued Crosby asked what the fee total is. Johnson replied in the packet it says $1,500 for the various fees. Mayor Walsh noted with the school next door,when they added the activity center,he was a proponent of waiving the building fee and was overruled by the City Council as it would set precedent.He appreciates what the LLRC does,especially for kids,but thinks that precedent is where the issue lies. Johnson moved,Crosby seconded,to deny LA21-000077,Fee Waiver Request/Reimbursement of Costs.VOTE: Ayes 3,Nays 0. 17. LA22-000002—JIM HILLIER, 1245 ARBOR STREET,SUBDIVISION—SKETCH PLAN Community Development Director Barnhart stated the Applicant has submitted a sketch plan to subdivide a property which is .64 acres in a 2 acre zone. To approve a subdivision,the City Council would either need to approve variances or approve a Comprehensive Plan Zoning Map Amendment to make the property conforming. Staff does not support either option and the Planning Commission concurred with those comments. Jim Hillier,Applicant, 1224 Arbor Street,is looking to subdivide the property next door to his existing home to accomplish some goals of the Comp Plan,noting his personal opinion that the area was not intended to be zoned a 2 acre urban estate;rather,it was a neighborhood,with City Hall,Art Center, and Hill School. He bought the property in 2018 to subdivide and that is why he is present this evening. Mayor Walsh noted he met with Mr.Hillier and his wife at the property to go over every angle they could see.He stated this is the third precedent-setting conversation the City Council is having tonight.Even though the parcels came together in a very interesting circumstance,to allow people to divide lots which are not compatible with zoning would set precedent across the entire City. Johnson and Crosby agreed. 18. BIG ISLAND DOCK LICENSE REQUEST—JOE THULL Joe Thull,Applicant,was present. Staff presented a summary packet of information. Community Development Director Barnhart reminded the City Council of an application received the previous fall to utilize a newly created dock licensing program in which the City would install a dock and license it out to an inland Big Island property owner so they would have access to their property. Over the winter,Mr.Barnhart worked with the Lake Minnetonka Conservation District(LMCD)to gain a license which was approved by the LMCD on February 23,2022.Mr.Thull has asked for a license for one boat storage unit of a 10x20 foot area and would then connect through the right-of-way system to Mr. Thull's property. Seven dock locations were identified the previous fall and Mr.Thull requested Big Island dock site six. Crosby asked Mr.Thull if he has reasonable access from dock six to the property. Page 4 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 14,2022 6:00 o'clock p.m. BIG ISLAND DOCK LICENSE REQUEST—JOE THULL—Continued Mr.Thull replied in the affirmative,noting it is a straight pathway and connects to the interior roads. Johnson made it clear in the past that it is important to him that the City does not have an expense. In his mind they are bending over backwards to help create a solution. He sees in the packet that along with 15 years of dock installation and storage the City's investment is about$34,905 and he is not in support of any taxpayer money going to subsidize a dock that only allows for one slip. The burden of expense must fall completely on the dock user.Johnson asked to understand the$12,000 expense for engineering and surveying with Bolton and Menk. Barnhart replied in the application with the LMCD the City was required to provide a survey.They surveyed three dock sites to mark boundaries and generated a document;unfortunately through his own interpretation of the LMCD rules he had to update the document a couple of times.That is where the expense comes from. Edwards noted the initial survey was about 84 hours of effort for three access points and the adjoining right-of-way network. Johnson walked through the various expenses associated with the site,noting the City investment is approximately$8,500, including$1,000 each year for installation and removal.Johnson's proposal is that the Applicant must cover the City costs and also a yearly fee. Mayor Walsh replied it would be like going out and renting a slip at a marina on the lake,which would be approximately$7,500 for the summer. Crosby agrees they need to focus on recuperating costs and packing in a generous depreciation rate. The City Council discussed the item,including potential fees,dates for application,and the first option to renew. Crosby thinks around$6,000 per year is a good number,noting at a marina one receives electricity and other amenities. He stated by the second year the City would be positive in costs. Attorney Mattick stated tonight they are looking for direction regarding the language of the license agreement and it will be brought back before the City Council. Alice Reinmann,440 Big Island,asked to speak. She represents her husband John and neighbors Jeff and Olivia Hornig at 450 Big Island.Both families are on either side of the access point being considered this evening.After much misinformation,they now understand that the dock is to be 20 feet long and 3 feet wide and that the Thull lot is an unimproved, inland lot with no access to water or sewer and without a structure. The Reinmanns and Hornigs have been misled and misdirected multiple times. In the fall they were assured all seven right-of-way locations were being surveyed which did not happen.The Hornigs attended a City Council meeting in 2021 opposing access for the dock and at the meeting they were told by the mayor that he was unsure why they attended the meeting because their side of the island was not being considered for access. The Hornigs asked why the Minnetonka Squadron was not brought up as a viable solution for the Thulls and landlocked owners as there is a clear path to walk to their property. This option costs the City zero time,zero money,zero maintenance, and removes safety issues for pathways to Page 5 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 14,2022 6:00 o'clock p.m. BIG ISLAND DOCK LICENSE REQUEST—JOE THULL—Continued the property.Ms. Reinmann was also made aware of numerous meetings in 2021 in which neighbors voiced opposition to this request.At that time the Council directed the interested parties to develop an agreeable solution and at no time were the Reinmanns involved in the process. In response the City Council developed a licensing program for the island property owners to use space on City docks to access their lot.Ms. Reinmann stated she audited and listened to the LMCD meeting on February 9 and many issues were brought up at that meeting prior to the approval.Members brought up many questions including the lack of sanitary services at the location,and Ms.Reinmann stated the restrooms at Veterans Park are a 20 minute walk and not feasible or reasonable place for personal use.The LMCD rules state that a City dock must have toilet facilities. Regarding fire safety,the LMCD brought up that the property has no direct water on site and should the property owner have a bonfire that gets out of control there is no way of stopping that forest fire from taking the entire island down. She and her husband personally helped extinguish two fires on the island the previous,noting there would have been a tragic outcome with multiple cabins being lost if they were not on hand. Ms. Reinmann also questions the motives of the property owner,noting he bought the property for$9,000 and pays just over$100 in annual taxes.As of February 18,2022,Mr.Barnhart had not received or seen any building permit request for the owner of 480 Big Island. She noted the 90 foot wide right-of-way access point with easier access and flat terrain already developed for others who were issued permits in the year 2000 has not been applied for or surveyed. Ms.Reinmann asked why this access point is not being surveyed and considered for the Thulls and others.Upon inspection on March 9,2022 the 90 foot access point had not been surveyed and she found out this evening that only three of the seven access points were surveyed. Ms. Reinmann is not interested in pitting neighbors against neighbors and she asked if all access points have been thoroughly vetted? The access to the dock location under consideration tonight is not easy and the City will have to remove several beautiful cedar trees directly on the rocky shoreline. Ms.Reinmann noted this decision is precedent-setting and asked if the City has a plan to give access to the fourteen other unimproved properties in the middle of the island. She summarized the points she brought up this evening and asked that more work be done to deny or defer the decision until there is a plan as there will be other Applicants. Ms. Reinmann apologized for missing the public comment period earlier in the evening. She stated another property owner on the island took down trees and there is now a 100 yard long by 15 foot high pile of debris from the tree removal. It is a fire hazard and she will be reporting that to the Fire Chief in Orono. Rick Parsons,280 Big Island,asked why they did not use the 50 foot access at Bay Place which would take very little improvement as it is flat and would be a shorter route to the Thull property. Mayor Walsh replied he has walked every site and they have had many discussions about them all. Mr.Parsons does not understand why they would spend so much money on improvement. Barnhart noted the challenge with BI4(which was not applied for)is the property lines converge in the lake so would require a variance to put a dock there. Johnson clarified that spot did not meet the LMCD rules for putting in a dock. Aleya Champlin,210 Big Island,would like to put on the record regarding BI4 that there is a judicial decree indicating that Bay Place Road is no longer there as half of the road was given to her property and half to the adjacent property. Page 6 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 14,2022 6:00 o'clock p.m. BIG ISLAND DOCK LICENSE REQUEST—JOE THULL—Continued Suzy Thiss,270 Big Island,asked regarding the$12,000 for the survey, did that include the surveys of all paths on the island? Edwards replied it was not all of the paths but a number of them. Ms.Thiss noted the paths are wetted out from the ATVs and motorized vehicles on the island. She asked what the ordinances are on the island regarding ATVs as it is turning into an ATV park. Mayor Walsh stated Mr.Edwards can get her the information on ordinances on the island. He clarified that there has always been a dock available at that location for the last 50 years and the people there could have put a dock in at any time but did not.He noted the City is not creating something new. Ms.Reinmann stated the cabin that is on her property had been using it since the early 1900's. Mayor Walsh again noted the City is not creating anything as there has always been the ability to have a dock there. Ms. Reinmann said if the dock will be put in position it needs to be moved over. Johnson replied Ms.Reinmann needs to talk to the LMCD because they are the ones that approved the dock permit with their required setbacks. Mayor Walsh noted those things can only be changed at the LMCD level as the City only applied for a permit based on their rules.That is where the dock goes because that is how the LMCD approved it. 20. RESOLUTION SUPPORTING HOUSING AND LOCAL DECISION-MAKING AUTHORITY—RESOLUTION NO.7258 Community Development Director Barnhart noted at the last meeting the City Council asked him to provide information regarding legislation relating to affordable housing.There are some bill proposals trying to mandate higher density in the area and there are a number of concerns which would come from the State and apply to the City. The League of Minnesota Cities is putting out a draft resolution and asking the cities to approve it,which basically says while they recognize the concern or issue of affordable housing,they do not think it is appropriate for a City to give up local government control where elected officials would make decisions for a local neighborhood. Mayor Walsh clarified that legislature wants to take some of the decision-making processes the City has about putting higher-density projects in and take that out of the City's hands.At that point the State could tell the City that they will put an apartment complex in a location within the City and the City has no choice regarding the matter. Communities all around Orono are signing the same letter Mr.Barnhart referenced and he stated the City of Orono is on board with signing the letter. Crosby moved,Johnson seconded,to approve Resolution#7258,Resolution Supporting Housing and Local Decision-Making Authority.VOTE: Ayes 3,Nays 0. Page 7 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 14,2022 6:00 o'clock p.m. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT 19. 2022 STREET MAINTENANCE PROJECT-AWARD Edwards shared a presentation of street maintenance for 2022 including mill-and-overlay projects and a smaller list of reclaim projects.The City received seven bids and the low big was from Aztec Corporation for$821,287.40.Also in the packet is a proposal from Bolton and Menk for construction oversight. Crosby moved,Seals seconded,to award the 2022 Street Maintenance Project to Aztec Corporation as requested.VOTE: Ayes 3,Nays 0. MAYOR/COUNCIL REPORT Johnson stated the transparency issue he keeps hearing is bothering him as it is not the government's job to knock on someone's door and tell people what their rights are in and around their property.Instead, people must take an active role in finding those things out.He sees a lot of transparency within the City and is tired of people making those statements. Mayor Walsh spoke about the Gillespie Center award ceremony in which the City of Orono received a Partner Award. ADJOURNMENT Crosby moved to adjourn the meeting at 7:55 p.m.VOTE: Ayes 3,Nays 0. ATTEST: 1:W2022C)1 / . Anna Carlson,City Clerk Dennis Walsh,Mayor Page 8 of 8