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HomeMy WebLinkAbout11-14-2022 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING NOVEMBER 14,2022 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,Parks and Golf Course Superintendent Josh Lemons,Finance Director Ron Olson, City Planner Melanie Curtis, City Clerk Anna Carlson,and Community Development Director Laura Oakden. 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 OCTOBER 24,2022 2. COUNCIL WORK SESSION MINUTES OF OCTOBER 24,2022 3. CLAIMS/BILLS 4. APPROVAL OF RENTAL LICENSE 5. APPROVAL OF LAWFUL ONE-DAY GAMBLING LICENSE—RESOLUTION NO. 7307 6. APPROVAL TO ACCEPT DONATION—RESOLUTION NO. 7308 7. APPROVAL TO HIRE FULL TIME PARKS MAINTENANCE WORKER 8. LA22-000001-TIM& LESLIE OARE AT 2967 CASCO POINT ROAD AND JOHN& MICHELE ABBOTT AT 2941 CASCO POINT ROAD,VARIANCES-RESOLUTION NO. 7309 9. LA22-000041—ESKUCHE DESIGN O/B/O WATERTOWER LLC,2987&3005 CASCO POINT ROAD AND PID 20-117-23-34-0027,EASEMENT VACATION—RESOLUTION 7310 10. LA22-000042—SHAWN WISCHMEIER,540 BIG ISLAND, CUP FOR PERMANENT DOCK—RESOLUTION NO. 7311 11. CERTIFY RESULTS OF THE NOVEMBER 8,2022,MUNICIPAL ELECTION— RESOLUTION NO.7312 Crosby moved,Seals seconded,to approve the Consent Agenda as submitted.VOTE: Ayes 5,Nays 0. PRESENTATION 12. PRESENT CITIZEN AWARD TO GARY MARQUARDT Mayor Walsh presented Mr. Marquardt with the award,thanking him for his service over the years. PARKS REPORT Page 1 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING NOVEMBER 14,2022 6:00 o'clock p.m. 13. APPROVAL OF SUMMIT BEACH MASTER PLAN Parks and Golf Course Superintendent Lemons shared about the Summit Beach Master Plan,noting a Steering Committee worked with Bolton and Menk to host surveys and open houses to gather feedback and develop the proposed plan. Improvements include ice skating on the pond,a swim platform,paving the parking lot,and building a restroom. The plan was well-received by most of the public. The plan was recommended for approval by the Planning Commission with a 6-0 vote. Seals moved, Crosby seconded,to approve the Summit Beach Master Plan.VOTE: Ayes 5,Nays 0. Lemons updated the City Council regarding the Golf Course noting this was the third year of a drought, and the golf course closed last week with a 91%increase in season pass rounds,a 70%increase in junior rounds, and overall a 600 round increase from the previous year.Regarding Parks,he updated the Council on the Crystal Bay playground,repairs to the Big Island restroom/toilet, and shared the department is in winter transition at the parks.He spoke about the upcoming Tree Lighting Event and invited the community to come. COMMUNITY DEVELOPMENT REPORT 14. LA22-000052—DENALI CUSTOM HOMES, 1780 SHADYWOOD ROAD,REQUESTS HARDCOVER,REAR YARD SETBACK,AND DRIVEWAY SETBACK VARIANCES IN ORDER TO CONSTRUCT AN ADDITION TO THE HOME Staff gave a summary presentation of information. City Planner Curtis stated the Applicant is proposing to remove the existing non-conforming detached garage which is situated on the rear property line and construct an attached two-story garage addition with living space above 18.3 feet from the rear property line where a 30-foot setback is required. The property currently has 32.7%(3,991 square feet)hardcover. The Applicant is proposing an 84 square foot reduction resulting in 32.01%hardcover. Variances for rear setback and hardcover are requested. The Applicant provided an updated narrative and practical difficulty analysis tonight which she placed at the Councilmembers' seats. The Planning Commission discussed the fact that the project would remove the encroaching detached garage and parking area in the right-of-way in support of the application. They also identified concerns with the size of the addition requested and the resulting setback encroachments and hardcover level. Following the public hearing,the Planning Commission voted 5 to 1 on a motion to approve the requested variances. Staff recommends the Applicant redesign the plan to reduce the addition footprint,the hardcover, or both. A hardcover variance may still be required, however the resulting footprint and hardcover level will be much more appropriately scaled for the property and the area. Staff recommends denial as submitted. Chad Mayes,Denali Custom Homes, and Erin and Jon Wessling, Applicant, approached the podium. Mr. Mayes shared about a letter,noting the current property has several issues including Page 2 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING NOVEMBER 14,2022 6:00 o'clock p.m. the current garage which extends outside the rear setback and into the County Road 51 right-of- way, and a current parking area that is also in the right-of-way. The goal of the project is to improve those situations by removing the parking area, removing the existing detached garage, and proposing an attached garage. The hardcover and sideyard setback are improving, and a parking turnaround pad allows the Applicants to exit the property with their cars forward rather than backing out on to County Road 51. Ms. Wessling noted the safety issues are real,her son parks on the gravel area and they are trying to build a functional and safe family residence that conforms to the neighborhood. They are very near the street and she worries about not being able to exit the driveway facing forward. Ms. Wessling spoke about near-misses,pedestrians, bicyclists, motorists, and that the property is on a curve making it hard to see when backing out. With the three car garage,they can utilize the turnaround as intended rather than using it as parking. She noted they are moving it back from the street, improving on all aspects,the property and Shadywood are unique, and it is within the character of the neighborhood. She spoke about a nearby property that has a three car garage and setback that was approved five years ago. Mayor Walsh noted the City Council has considered Shadywood regarding turnarounds because it is a main artery. Johnson noted cleaning up those non-conformities is a trade-off to him in this case. Mayor Walsh clarified they are also reducing hardcover. Johnson moved,Crosby seconded,to approve LA22-000052, 1780 Shadywood Road,Hardcover, Rear Yard Setback,and Driveway Setback Variances in order to construct an addition to the home. VOTE: Ayes 5,Nays 0. 15. LA22-000023—CITY OF ORONO TEXT AMENDMENT RELATED TO ACCESSORY DWELLING UNITS—ORDINANCE NO.279,THIRD SERIES Community Development Director Oakden gave a presentation,noting they are proposing a zoning Code text amendment that will add Accessory Dwelling Units(ADUs)as a permitted accessory use in all residential zoning districts. The goal of the ordinance is to permit alternative housing types to support multi-generational housing options within the City of Orono. The Planning Commission held a public hearing,made no language changes, and voted 6-0 in favor of the proposed amendment. Staff recommends approval. Alisa Benson, 1220 Lyman Avenue, is undecided about pros and cons of ADUs.A number of issues have gone unaddressed, she does not feel there has been enough citizen engagement,this is a huge change to current Ordinance, and she has not seen it advertised much on the website,Facebook, or via newsletter mailing. The Code Review Committee identified the need for multi-generational housing and she is Page 3 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING NOVEMBER 14,2022 6:00 o'clock p.m. curious to know more about that. She noted Staff is using language from cities such as Plymouth, Saint Louis Park, and Wayzata as guidance for the City of Orono. She feels those cities do not compare in terms of density and character.ADUs are national trends and this is a very popular model in California where affordable housing is hard to come by. Ms.Benson asked how it will affect density in the City, noting she received many questions while campaigning about Met Council requirements. She asked how these ADUs would impact the rural character, affect landscape,sightlines,hardcover, sunlight, and she asked what the height requirements are. She spoke about a letter from people on Casco regarding the one- acre limit. Ms. Benson asked how the non-renting clause would be enforced. She thinks it is potentially prudent to table it until more research has been done. Penny Saiki,2874 Casco Point Road, agrees with Ms.Benson on many points. She added there is no definition of an accessory building, and asked if the people living there always have to be family members. She spoke about variances and thinks the City Council will be seeing variances all over the place as this is not just a simple issue. She noted there is no control over a caretaker,healthcare worker, childcare provider,and in compensating them that is a rent exchange. She noted within the City it is variance after variance after variance and things are moving away from strict interpretation of the Ordinance. She noted there is not enough definition to the text amendment. Kim Carswell,261 Cygnet Place,read a note from a neighbor at 190 Cygnet Place that could not attend, written in opposition of the text amendment. Ms. Carswell asked what prompted the City Council to allow this rather than have people come to them with exceptions and variances. Johnson replied there is nothing in the Code right now, so one cannot ask for an ADU if it is not there. Attorney Mattick clarified that the City Council is empowered to provide variances for performance standards but if the use is not explicitly listed they cannot provide a variance. Mayor Walsh clarified the City Council has tried to reduce variances by amending the Code and giving Staff some flexibility in getting things done without coming to the Council.He does not think this is a huge change but does allow some flexibility. The City Council discussed the item, clarified floor area requirements, and spoke the flexibility it would allow Staff. Johnson moved,Printup seconded,to approve LA-000023, City of Orono Text Amendment related to Accessory Dwelling Units.VOTE: Ayes 5,Nays 0. FINANCE DIRECTOR REPORT 16. THIRD QUARTER FINANCIAL REPORT Finance Director Olson gave a presentation noting the report is unadjusted and the numbers are through September.He stated revenue is at 71.21% of revenues for the year, and the City will be over revenue for the year.He shared about revenue numbers including property taxes,licenses and permits,other governmental revenue, and the golf course. Olson noted they are at 107%of budget for building permits Page 4 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING NOVEMBER 14,2022 6:00 o'clock p.m. through October.Regarding expenditures they are in good shape, and he noted on paper the finance department is over budget and public works is under budget due to the utility person being budgeted in public works which will now budget out of finance.The fire department will be over budget this year due to an overage from 2021 that was paid in 2022 and was not budgeted. Olson showed a slide on water and sewer and stated through September the enterprise funds are looking good. The Commissioners discussed the water rates, infrastructure, drought,and fixing underground pipes that have leaks when homes go up for sale within the City. Mayor Walsh noted there have been sewer failures in neighborhoods and the City has it in the budget when these things happen to go in and fix it right away. Olson continued his presentation noting at the end of the year sewer will probably have about$150,000 in profit which will go into the Capital Improvement Plan to pay for infrastructure improvements. He noted Met Council charges are a major driver in the City's sewer rates and clarified when the sewer leaves Orono it goes into Met Council's pipes and is processed. He spoke about stormwater,employee health insurance,road projects, and engineering expenditures. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT 17. APPOINTMENT OF FIRE CHIEF Edwards noted in October the City Council established the Fire Chief position and established a selection committee who advertised for the position,reviewed applications, and conducted interviews.The committee recommends that James Van Eyll be hired as the Fire Chief in Orono. One key noted is an employment agreement attached to the City Council action.Because Mr. Van Eyll has been the Fire Chief for the City of Long Lake Fire Department,which has been Orono's Fire Department,the employment agreement treats him as if he has been an Orono employee for 15 years regarding things like benefits. Seals shared that Staff pulled together some amazing candidates of well-qualified Applicants.Regarding rhetoric out there about the City of Orono"stealing"a Chief,this was Chief Van Eyll's decision to apply, and when the fire fighters found out he was applying they were ecstatic. Chief Van Eyll has the right skill set,the right qualifications,and he knows the City of Orono. Crosby worked under Chief Van Eyll for 8-9 years, and stated the interview process was terrific with great candidates. In talking about continuity,keeping everyone together,and keeping the fire fighters together,that is what the City has done by hiring Chief Van Eyll because he is the leader. Crosby is proud and happy that he will be the City's first Fire Chief. Crosby moved, Seals seconded,appoint James Van Eyll as Fire Chief with a start date of December 30,2022 and approval of the employee agreement at Exhibit A.VOTE: Ayes 5,Nays 0. Page 5 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING NOVEMBER 14,2022 6:00 o'clock p.m. PUBLIC COMMENTS Brad Erickson,2485 Independence Road,had some interesting conversations after the last meeting and thinks it is important for the Council to know that two of them were with the FBI and one was a gentleman instrumental in getting the City on the front page of the Star Tribune. Mr.Erickson noted it is important to revisit history from April and they were interested in the videos of Mr. Crosby at the governor's mansion,as well.He is waiting to hear back on what will happen with those. He showed a video on his laptop. When the video was finished,Mr.Erickson stated that was"what you sent me that got me on the cover of the Star Tribune,and I'm the crazy one, isn't that correct?I'm the one that needs a straightjacket."Mr. Erickson said he is furious and asked if they understand what that means.They know who he is now and he knows they have been talking about it and many other people think it is a big deal and are very interested in this.He has a lot of questions,none are being asked, and none are being answered. MAYOR/COUNCIL REPORT Johnson thanked the public for their continued support with the recent election.He suggested hosting a debate for the candidates before in-person voting starts.He saw a lot of misinformation and it is hard to combat that face-to-face with people and a debate would allow candidates to ask questions and answer one another. Attorney Mattick will look into it.He stated the debates he has seen are usually set up by various organizations.He does not immediately see an issue with the City supporting it as long as there is equal access. Seals clarified that the Big Island bathrooms are closed but Big Island is not closed.The fencing out there is to keep people from driving or snowmobiling on the island as people have done in the past. She thanked City Clerk Anna Carlson and the Staff for all their work on the election. Printup congratulated Johnson and Alisa Benson, and noted he is also thankful to City Staff.He shared that December 3,2022 is the Tree Lighting Event.Printup is also thankful for the Chief and fire fighters. Crosby congratulated Johnson and Alisa Benson, and thanked Eddy Rice for his participation,fighting a hard race, and doing a great job. Crosby shared his oldest daughter got married over the weekend and everything was wonderful.He noted the City received a lot of positive feedback on the Staff during the election,and he noted what the Park Commission has been doing with the parks has been incredible and he appreciates them putting their time forward to help the City and they do a great job. Mayor Walsh agreed with Crosby and congratulated Johnson and Alisa Benson. He noted an issue in the Crystal Bay neighborhood and he spent time with the Hennepin County Rail Authority lawyer going door-to-door and the impact of the people who live there.Mayor Walsh is trying to work with the Rail Authority on something reasonable and safe for citizens. ADJOURNMENT Printup moved,Crosby seconded,to adjourn the meeting at 8:04 p.m.VOTE: Ayes 5,Nays 0. Page 6 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING NOVEMBER 14,2022 6:00 o'clock p.m. ATTEST: iN I Anna Carlson, City Clerk Dennis Walsh,Mayor Page 7 of 7