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HomeMy WebLinkAbout08-24-2015 Council Work Session Packet City Council Work Session Monday, August 24, 2015, 5:00 p.m. Orono City Council Chambers AGENDA 1. Emergency Notification SOP (Standard Operating Procedure) 2. Hwy 12 Safety Audit 3. Budget 2016 4. Living Wall 5. Update On Ordinances 6. City Council Policy 7. Future Work Session Topics Upcoming Work Sessions  Compensation Study Next Steps  Signs Work Session Topics or Requests Annual:  Budget and Goals: part of June, all of July, August and October.  City Administrator & Police Chief update (3 times per year for 15 minutes)  Joint Planning Commission/Park/Council meeting for check-in/direction (done 11/5/14) Additional topics:  Emerald Ash Borer (LL)  Sewer Connection Fees Policy (MG)  Jennifer Munt from the Met Council (LM)  Marina licensing (MG)  Permit exception criteria for lots less than 2 acres (DW/AP)  Construction Hours – Truck Traffic (LL) Previous Work Session Topics July 27, 2015  Compensation Study Draft Report  2016 Budget  US Internet  Goals Documentation  Verbal Update from Park Commission Chair Rick Meyers June 22, 2015  WeCAB Request  Goals  Street Funding Discussion  2016 Budget Overview  Compensation Study Draft Report May 26, 2015  Goals  Street Funding Discussion  City Administrator Verbal Update  Memo of Understanding (MOU) for City Administrator  Intergenerational Conversation Draft Report  Spirit of the Lakes Parade Title: Emergency Notification Distribution: All Personnel Purpose: To establish a routine procedure on when an emergency notification is issued. Standard Operating Procedure: It shall be standard operating procedure that the Orono Police Department shall make timely emergency notifications to its communities for the crimes specified below which: -Occurred in the City of Orono or any other of the communities we provide contracted police services to. -Occurred in a area adjacent to the City of Orono or a neighboring police jurisdiction that has notified the Orono Police Department of the incident and an alert/warning is warranted based upon the discretion of the Chief of Police or his/her designee and that are considered to represent a threat to our community. Timely alerts/warnings shall be provided to the community and residents in a manner which will aid in the prevention of similar occurrences. The specified crimes are as follows: -Criminal homicide, including murder and non-negligent manslaughter -Forcible and non-forcible sex offenses when the suspect is not known to the victim -Robbery -Arson -Any other crime involving bodily injury in which there is a threat or risk of violence to the community. -Non-criminal emergencies that pose a significant or continuing threat to our community (e.g. weather related emergencies, maintenance issues, environmental health and safety issues, etc.) Emergency Notifications may be labeled Crime Alert, Safety Alert or Emergency Notification. In the approval of the Chief of Police or his/her designee, the emergency notification may be electronically distributed to all officers, staff, police commission, the OPD distribution list, Facebook and localized areas of our community if it is determined that the threat is specific to particular area. The alerts/warning should include the following details, if available: (a) A description of the incident (b) A physical description of the suspect or vehicle, if applicable (c) Apparent connection to previous incidents, if applicable (d) Sex of the victim, if relevant (e) Injury sustained by the victim (f) Safety instructions/advice The emergency notification should also be posted in an accessible area on the OPD website and removed from the website when the threat is believed to have passed. Memo To: Orono City Council From: Chief Correy Farniok Date: August 24, 2015 Re: Emergency Notification The Police Department is working to develop an Emergency Notification SOP (Standard Operating Procedure). Attached is a draft copy to review and discuss at the August 24, 1015 work session. Item 01 Memo To: Orono City Council From: Chief Correy Farniok Date: August 24, 2015 Re: Hwy 12 Safety Audit The Police Department has been part of the Hwy 12 Safety Committee. A safety audit was conducted along a portion of Hwy 12 through the city of Orono. A draft report was given to the committee and was distributed to the Orono City Council on Friday, August 14th. I will review the draft report with the council at the August 24, 1015 work session. Item 02 Item 03 MEMORANDUM TO: ORONO CITY COUNCIL FROM: JEREMY BARNHART, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: LIVING WALL DATE: AUGUST 24, 2015 At the July 27, 2015 Council meeting, under public comments, James Mandel approached the Council with concerns related to the construction of a row of arborvitae in the lot adjacent to theirs, with the perceived intent to block their view of the lake. They anticipate the neighbors planting more trees, further blocking their view. In addition, the Mandels and their neighbors the Russins have voiced concerns and filed complaints with lighting affecting the enjoyment of their property. A majority of the Councilmembers directed staff to proceed with developing language to address these concerns. The Planning Commission will review a draft of an ordinance that will define a living wall, and prohibit the placement of these walls in the Lake yard. Further, the Commission will review an ordinance that in some way limits lighting impacts on adjacent property, and could include a cap on light levels at the property line, length (time) of illumination, or other regulations. While not fully vetted, staff is considering the following conceptual amendments: Living wall means a combination of plants that reach a height at maturity greater than 6 feet, planted or placed such that their spacing is equal to the width of the plant at maturity. Living walls are prohibited in the Lake yard. (The Council may wish to exclude them in the Average Lake Setback) Exterior lighting in all residential districts shall be shielded so as to not impact neighboring properties. Acceptable measures may include screening or shielding such that no light is measurable at the property line, or the light source is facilitated by a timing or other mechanism. Both of these issues are complex, staff seeks direction prior to finalizing the ordinance. The City Council will likely receive the Planning Commission recommendation at their meeting on October 12. Item 04 1 Future/Past Tasks Prioritization Worksheet - (PER MPG 2013) Below is a list of code or policy items identified by Staff or having been brought up by Planning Commissioners, City Council or others within the past few years that need attention. We would like Council and PC input as to prioritization of these items - tell us which are highest priority and should be focused on in the near future. This discussion will assist staff in preparing draft language for review and consideration for approval by the Planning Commission and Council. Council & PC Combined-April 2013(Updated 8/24/2015) Priority Rank Title Potential Code & Policy Add/Revise (alphabetical) PC & CC Priority Level (check one) Staff Rank Score No. Issues/Discussion High Med Low 1 1 Accessory uses & structures - ordinance revisions DONE - Ord. 106, 3rd Series adopted 6/10/13 11 Hi 33 2 3 Average lakeshore setback - ordinance revisions DONE – Ordinance approved 8/10/15. Codified practice when adjacent to vacant lots or ROW. No changes proposed to existing average setback standards and provisions or consideration of changes that address various non-typical situations 10 1 Hi 35 3 7 Comp Plan text/map amendments re: densities in certain districts MPG has drafted CMP text language to address this issue which could lead to unintended interpretations of the density standards 0 11 Med 21 4 8 Dark Skies Standards Consider changes to ordinance standards and public street light policies which reduce ambient light emissions to reduce the impact of light pollution to the night sky in our rural residential lake culture setting 0 6 5 Low 18 5 8 Grading CUP requirements - ordinance revisions DONE 15-3710 Consider changes to thresholds for grading CUPs and potentially make certain types of grading permits more of an administrative function not requiring CUP but with more administrative standards 9 2 0 Hi 34 2 6 2 Navarre Mixed Uses Ordinance DONE 15- 3709 Consider drafting standards which regulate mixed use projects and encourage a higher level of site and building designs for projects in the Navarre Area 0 8 3 Med 21 8 4 ‘Park’ definition to refer specifically to passive parks and natural areas, not event- center oriented - ordinance revision The issue came about with fear that certain large lakeshore estate properties might be acquired by other agencies to use for high-intensity park-related or event-center uses incompatible with our residential zoning and/or competing with existing facilities 0 3 8 Low 15 9 11 Private roads standards/policies For continued discussion regarding the anticipated failure of many roads approaching 30-40 years in age and increasing pressure on the city to take them over a fix them up – should this continued practice be allowed or should a new standard be establish favoring public roads for subdivisions 0 2 9 Med 15 10 13 RPUD process ordinance revisions PUD, RPUD & PRD contain overlaps in the code and are confusing; would be an improvement to consolidate where possible and eliminate extra requirements by consolidating under a single section 0 5 6 Med 18 11 12 RS Dist. - Bldg. & foundation standards - ordinance revisions The RS District (Big Island) has a variety of standards for construction and setbacks that need to be revisited in terms of rationality and interpretability 0 11 Low 14 12 5 Sewer Connection Charges Policies - revisions MPG is drafted a memo defining the issues and proposing possible revisions to make the existing system of connection charges more equitable and establish a uniform connection charge system 0 7 4 Med 20 13 7 Slope Failure and Stabilization Ordinance or Policy Need to define a better process for dealing with slope failures; standards, review process, collaboration with MCWD, etc. 5 6 0 Med 29 14 7 Solar, Geothermal Energy Conversion Systems Ordinance DONE - Ord. 119, 3rd Series adopted 12/9/13 2 6 3 Med 21 15 2 Storm Water & Drainage Trunk Fees - ordinance revisions Council reviewed at Work Session 6/23/14, directed staff to draft revisions for further discussion; revisions are in the process of being drafted 11 0 0 Hi 33 3 16 6 SWMP - zoning code revisions to formalize implementation While the Surface Water Management Plan contains standards for managing surface water, much of this has not made its way into ordinances which can be readily implemented. 0 6 5 Med 23 17 9 Temporary signage - ordinance revisions In process. PC 8/17, CC 9/14. Temporary signs for non profits/ community events. Consider revisions to standards and permitting requirements, given that enforcement policies solely on a complaint basis are ineffective enforcement with rampant use of temporary signs 6 5 0 Med 30 18 12 Tree Preservation Ordinance Consider the development of a clear set of objective and effective standards for permitting tree removals on both large and smaller sized lots and for both smaller lot divisions/plats and conservation subdivisions 3 3 5 Hi 23 19 1 Wetland - ordinance revisions DONE - Ord. 103 3rs Series adopted 5/28/13 11 Hi 36 20 7 Wind Energy Conversion Systems Ordinance - “WECS” Revise adopted ordinance standards lifting prohibition as per district court order 11 0 0 Hi 36 “Housekeeping” Amendments 22 13 Comm’l/Residential Kennel Def’s (78- 1376, 62-161/183/184) 11 Low 12 23 13 M-6 & RR-1B-1 Districts elimination - code revision DONE 15-3705 Eliminate unused sections of the ordinance 11 Low 34 Gray shading = Task completed 4 2015 Future Tasks Prioritization Worksheet - Council & PC Joint Work Session November 5, 2014 Below is a new draft list of code or policy items identified by Staff or having been brought up by Planning Commissioners, City Council or others since April of 2013. Staff would like Council and Planning Commission input once again as to prioritization of these items. First tell us which items you feel should be addressed with developing code language. Then what level of priority should be focused on in the near future (next 3-6 months). This discussion will assist staff in preparing draft language for review and consideration for approval by the Planning Commission and Council. Priority Rank k Title Potential Code & Policy Add/Revise PC & CC Priority Level (check one) Staff Rank Score No. Issues/Discussion High Med Low 24 E-Cigarette sales, licensing & establishments Current city code requirements only apply to tobacco in parks and public buildings and the new technology falls outside the national & state definitions of a tobacco product – Task Complete 13 Hi 42 25 Minor building or site modifications, survey requirements reduced/waived 15-3711 Consider need to revise or eliminate survey stds for minor building improvements where certain factors/parameters can be met due to high ratios of the cost of building projects in relation to soft costs 6 7 Med 34 26 CUP modification procedures & standards created Need to add provisions which prescribe the process and what thresholds trigger minor vs. major amendments 2 8 2 Med 26 27 Interim Use Permits (IUP) standards created Should strongly consider provisions which allow certain uses to be approved without giving them a ‘forever permit 1 9 3 Med 26 28 Non-encroachment standards. for site grading, retaining walls, etc. strengthened 15-3707 Need to clarify language on non-encroachments to more specifically clarify what is and is not permitted 11 2 0 Med 39 29 Completion of exterior building finishes clarified 15-3712 Done – Ordinance 151 approved 7/27/15. Need to clarify language in the code which is now inconsistent with state statute and case law to afford stronger legal enforcement authority when a project stalls out with no end in sight for exterior completion 12 1 0 Med 37 30 Existing substandard shoreland lots of record Has been amended three times (Ord. 92, 95, and 108) Orono code language should be clarified to be consistent with state shoreland standards with regard to minimum lot size and width vs. underlying zoning 13 0 0 Hi 42 5 31 Special lot combinations Drafted, need to schedule. Special lot combos should be clarified to exclude non-riparian lots in calculation of average lakeshore setbacks 1 11 1 Med 28 32 Maximum number of vehicles stored outdoors Consider limitations on the number of vehicles that can be stored outdoors on single family lots to avoid excessive clutter in residential properties 0 0 13 Low 14 33 Clarify definition of Bluff Toe 15- 3706 Done - Ord 130 The definition should be redefined to be consistent with how the city staff has performed this calculation of the decades 11 2 0 Hi 40 34 Structural site changes with non- conforming hardcover Consideration should be given to permitting administrative approvals of structural modifications for lots with existing non- conforming hardcover conditions 2 8 3 Med 27 35 Septic Code updates regarding pumping maintenance intervals & Type IV systems Tentatively scheduled for September. Create an option whereby a landowner can obtain approval for extending the every 3 year pumping requirement on a year-by-year basis where documentation is provided and a management plan agreement is entered into requiring verification that septic tanks are not needing to be pumped yet, especially in the case of Big Island where the transportation cost is exceedingly high 12 0 1 Med 39 36 Fence max height clarified & min material standards 15-3708 Need to clarify fence height measurement standards, 12 1 0 Med 40 36 (b) Fence minimum material standards 15-3708 Consider need for creating a minimum material requirements, and need for a new permit requirement to cover the extensive cost of administration 0 1 12 Low 15 37 Streamline at-grade stair approvals 15-3710 (completed as part of the 50 cy process?) Consideration should be given to allowing administrative approvals w/stds. for lake access stairs at grade vs. mandatory CUP & Variances which are frequently triggered in the 0-75’ setback area. 11 1 1 Med 37 6 38 Heliports Heliports and airports are currently defined in ordinance, but not permitted anywhere; residents looking for permission to land helicopters on large lot residences 0 0 13 Low 14 39 Conservation Design Lacks specific direction in study requirements, what is intended to be accomplished, and what triggers should be in place 1 0 12 Med 17 40 Wellhead Protection State Department of Health requires local jurisdictions providing water service to prohibit new well installations when a public water supply service connection is available 12 0 1 Med 39 41 Small lots in older neighborhoods Directed to complete with comp plan update There are several areas with lots substantially below (1/2 acre or less) the minimum 2 acre lot zoning requirements; and need to have a change in zoning map or new district classification, i.e.: Crystal Bay, Mtka Bluffs, Stubbs Bay Ne 0 8 5 Low 22 MEMORANDUM TO: ORONO CITY COUNCIL FROM: JEREMY BARNHART, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: UPDATE ON ORDINANCES DATE: AUGUST 24, 2015 The Mayor asked for an update on the ordinances working their way through the amendment pipeline. Attached is a spreadsheet developed and updated as a result of the joint Planning Commission/ City Council meeting last November. Items in blue have been completed. In the last 2 months, amendments related to definitions of barber/ beauty shops, survey requirements, building permit expiration, clinics in the B-1 and B-3 zoning districts, expansion of non-conforming structures, land use approval extensions, Average Lakeshore setback, and administrative citations have been reviewed and adopted. Staff is currently working on several ordinances, including temporary signage, vacation rentals, and septic pumping regulations. Vacation rentals will be reviewed later this fall. In November, staff anticipates a joint Planning Commission/ City Council meeting to review ordinance priorities. Staff would like to discuss amendments related to the following topics at that time: Half story definition/ calculation Nuisances Simple Plats/ lot splits/ boundary line adjustments Existing grade definition Buffer setbacks Cul de sac length Item 05 5. If an individual councilmember receives information regarding a matter of concern related to the administration of the city, the councilmember shall forward the information to the City Administrator at the earliest possible time. If an individual councilmember directly contacts a staff member for the purpose of obtaining information, the information shall be provided to the City Administrator, if the staff member contacted is other than the administrator. The City Administrator shall then forward the information to the other councilmembers. 6. If the response to a councilmember's inquiry will require significant time and effort, the staff person shall refer the councilmember to the City Administrator to determine whether the request can be accommodated within the current workload priorities. If the request conflicts with other workload priorities, the City Administrator may refer the request to the full council to determine whether the request should displace other council priorities. 7. Councilmembers work as a team with staff in reviewing proposed development projects or addressing citizen concerns. REQUEST FOR COUNCIL ACTION DATE: July 27, 2015 ITEM NO: 15 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML City Administrator's Report Title City Administrator Item Description: Policy for City Council Meetings At the July 13th meeting, Mayor McMillan noted it might be worthwhile to have a policy in Orono for how meetings and council interactions should be conducted. I was asked to compile examples of what other cities are doing and gather ideas as they were passed onto me. Agenda I have received various questions about how items are placed on the agenda and how council members can add items. Our process to date has been the city administrator receives items from all the department heads. Staff organizes and balances requests throughout the year so that Council meetings are prioritized on relevant issues and so council is not inundated with too many requests outside of their set goals.  Attachment A provides the relevant code section titled “Council procedure at regular meetings”.  Attachment B provides the code section regarding the City Administrator’s “General supervisory capacity” for directing workloads.  Attachment C is the job description for City Council which details some roles/ responsibilities, as well as instruction on work direction coming through a quorum of the Council.  Attachment D is the League of MN Cities guidance on agenda formation. Questions for discussion based on issues or suggestions brought forward by various council members: 1. Is there value in adding a formal roll call at the beginning of the meeting? 2. How should council members add to the agenda? See Attachment E (f) for a recommended process used in Wayzata. 3. Do we want to add a new business section to our agenda? 4. How should Council Reports be utilized? How would policy guidelines be balanced with the desire to talk about any constituent matter? Policy on Norms of Behavior at Council Meetings Clear agreed upon protocols can be useful to a governing board.  Attachment F provides an example of “Norms of Behavior for Wayzata City Council”. The previously noted Attachment E from Wayzata also addresses interaction among members, email, guidelines for developers and the media that may be useful.  Attachment G is the Public Meeting Decorum policy for Lake Elmo.  Attachment H is the League of MN Cities guidance on electronic communications between council members.  Attachment I is an article titled “The Principle of One Voice”  Attachment J is League of MN Cities PowerPoint presented at this year’s Leadership Conference titled “Creating More Collaborative Councils” Questions for discussion based on issues or suggestions brought forward by various council members: 5. Does the city council want to adopt an official policy regarding behavior or decorum, including with the public, via email, developers, staff or media? 6. How would the policy balance the need to allow dissent and free speech? Is polite disagreement acceptable but incivility not? How do you define incivility? 7. How does the group accept decisions once made? Is there respect for each other to abide by the decisions of the group? COUNCIL ACTION REQUESTED: Provide staff with direction on how to move forward.   MEMORANDUM To: Mayor and City Council From: Ron Olson, Finance Director Date: August 24, 2015 Subject: Council Conduct Policy Attachments: 1. Council Conduct Policy2. July 23 Council Item – Policy for City Council Meetings At the July 23rd council meeting, the Council discussed a Policy for City Council Meetings. At the meeting it was decided that council members should provide the City Administrator with any ideas that they may have for a policy. These suggestions would then be discussed at tonight’s work session. The attached Council Conduct Policy was provided by Mayor Mcmillan. Item 06 MEMORANDUM To: Mayor and City Council From: Ron Olson, Finance Director Date: August 24, 2015 Subject: Paperless Council Packets Staff has been working to reduce costs and increase efficiency by going paperless whenever possible. Staff members have been begun to use laptops at the council meetings which has reduced the number of packets being printed. A logical next step to further reduce the cost of printed packets would be for the council use a tablet to receive electronic versions of the packet. This option was discussed with the council a couple of years ago, and there was not enough interest on the Council’s part to move ahead with paperless packets. Staff is requesting direction on moving forward with paperless packets for the Council. If the Council is interested in moving forward with paperless packets, there are a number of issues to be addressed: Type of Tablet: Ipad, Android, Microsoft. Who purchases the tablet: the City or the council member? How will paperless packets be implemented? Two current staff members have experience working at City’s with paperless packets. One City choose the Microsoft Surface for their Council, the other choose Ipads for the Council and provided departments heads with a choice of tablets. These staff members will be able to provide valuable insight to the pros and cons of the various options. Item 07