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HomeMy WebLinkAbout05-09-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 28    ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members James Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, Planning Coordinator Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 6, 9, 13, 14, 17, and 18 were added to the Consent Agenda. Item No. 3 was removed from the Consent Agenda. Levang moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. ORONO CITY COUNCIL MINUTES OF APRIL 25, 2016 Levang moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of April 25, 2016, as submitted. VOTE: Ayes 5, Nays 0. 3. ORONO CITY COUNCIL WORK SESSION OF APRIL 25, 2016 Walsh requested the work session minutes be corrected to include the following: Item No. 3, Council Member Levang also voiced her opposition to a school subcommittee. Item No. 4, road funding and planning, Walsh mentioned that the City had $25,000 set aside for Old Crystal Bay Road, with the school also putting up $25,000, but that the Mayor wanted to see what the prices were for the Hunter and Tamarack road projects first. Item No. 4, Walsh stated because the City received good bids for the Watertown Road project, the City has an extra $600,000 in the City’s MSA account for 2016, and with the MSA aid for 2017, and Orono can complete the Fox Street project from Willow to Brown. Any excess dollars could be put away for the non-MSA roads, which is Brown to Orchard and Old Crystal Bay to Willow. McMillan suggested next time anyone makes corrections to the minutes that they specifically identify the page and paragraph number to make it easier for the person who is making the corrections. City Administrator Loftus stated if everyone is fine with those corrections, she can add those items. Council Member Levang stated she would like to see the comments in writing prior to approving the minutes. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 28    3. ORONO CITY COUNCIL WORK SESSION OF APRIL 25, 2016 (continued) McMillan concurred the City Council should see this item back at the next Council meeting. McMillan noted under Item No. 2, third paragraph down, second sentence, it should state that the north side of the road belongs to Orono and the south side belongs to Long Lake. On Page 4, the second paragraph, the sentence should read, “the Council could look to add levy funds that result from an increase in property values but did not want to increase the tax rate rather than the levy rate. Levang moved, Printup seconded, to table the minutes from the Orono City Council Work Session of April 25, 2016, with the proposed amendments. VOTE: Ayes 5, Nays 0. PRESENTATION 4. SENATOR DAVID OSMEK Senator Osmek reported the MN Legislature is in its final two weeks of session, with the session being eight weeks long. Osmek noted this is one of the shortest sessions the MN Legislature has had in recent years. Osmek noted on Thursday the bonding bill failed by one vote in the MN State Senate. Osmek stated there was a Republican alternative for $987,000, which he thought was too high, but if that was added to the bonding from last year, that would have resulted in the state bonding for over a billion dollars. Osmek stated he is committed to obtaining funding for Highway 12 and that it is still a top priority of his. Osmek commented he is optimistic there will be a bonding bill approved prior to the session ending. Osmek noted any bonding bill must originate in the house and that he just heard this afternoon that a supplemental tax bill will be hitting the floor on Wednesday, with some possible amendments being included relating to TIF modifications for the City of Wayzata. Last year there was a $900 million surplus. The Republican minority in the senate proposed to take half of that money and put it into road and bridges, including the MSA account, which would impact the City of Orono. Osmek noted that proposal did not get approved. Osmek stated the problem is that the Governor and the Senate DFL are insisting upon tax increases and that the latest proposal is a 12.5 cent gas tax increase phased in over three years. Osmek stated in his view that will not get approved but there may be an increase in the metropolitan sales tax to support bus transportation services. Osmek reported on former Council Member Kristin Anderson’s bill. Osmek noted Anderson’s son died and the family wanted digital access to his phone. Osmek indicated over the summer he worked with Anderson on the bill but that the problem he was encountering was Federal law. Minnesota is not able to preempt FCC legislation but that there are now steps being taken to allow someone to bequeath their digital assets to their next of kin. Osmek stated while that will not help the Andersons, it may help future parents. Osmek noted the Republicans are the minority this legislative session and that they have not been able to get very many things done. Council Member Printup thanked Senator Osmek for his attention to Highway 12 and his quick response to the citizens. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 28    4. SENATOR DAVID OSMEK (continued) Osmek stated in his view the Highway 12 portion will make it if there is a bonding bill. Osmek stated one of the issues is concerns that the State cannot put itself into that level of indebtedness. Osmek stated if the $1.8 billion bonding would have passed, it would have increased the State’s debt service by $86 million per year for a number of years. Council Member Walsh thanked Senator Osmek for being available to the citizens and for developing good relations with his constituents. McMillan asked if it is normal for the bonding bill to come out of the House so late in the session. Osmek stated unfortunately it is. Osmek noted last year’s bonding bill was proposed during the special session and that the House held it until the Senate passed the energy and environment bill. Osmek stated in his view the State will have a bonding bill by the end of the week and that there are a lot of good projects included in the $987 million. McMillan commented the citizens get tired of waiting around for legislation to get discussed and then get frustrated when the legislation passes at the last minute without input from the public. McMillan stated it would be nice if the two parties could get together during the off season about how they can improve the process. Osmek stated there is a bill that is being introduced that moves the deadlines around so the Legislature will adjourn on the 23rd but all the bills need to be in two weeks ahead of time so everyone has an opportunity to review it. Osmek stated a number of parties were involved today with the Governor’s Office in an attempt to put together a tax bill, a transportation bill and the bonding bill. 5. WESTERN COMMUNITIES ACTION NETWORK (WeCAN) Christie Larson, Executive Director, stated WeCAN is a supportive service agency located in Mound. WeCAN provides services to empower individuals and families to move down the path to stability and self-sufficiency. WeCAN’s clients consist of individuals at or below 200 percent of the Federal poverty guidelines, which, for a family of four, is $48,600 or less. Last year WeCAN provided over 5,800 services and has four core programs, including emergency assistance, family support, food programs, and an employment program. The emergency assistance program provides financial assistance to families facing an immediate crisis, which tends to be a loss of housing. Qualified clients can receive a one-time payment for rent, mortgage or utilities to help prevent evictions and help keep families stable in the community. Last year WeCAN provided four Orono residents with emergency financial support services to stabilize their crisis situation. The family support programs encompass many different areas, such as a coat drive collection boxes, Ready-to-Learn school supply drive, and a holiday gift program. WeCAN also provides personal care and household products in the office that clients can access once a month to help stretch their budget. Last year 13 Orono residents accessed this service. The food distribution consists of two separate programs: Meals-On-Wheels and the Mobile Market Food Shelf. Meals-on-Wheels is a nutritious food program and personal well check along with friendly visits for homebound and disabled individuals. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 28    5. WESTERN COMMUNITIES ACTION NETWORK (WeCAN) (continued) Hot meals are made fresh daily and brought directly to the clients by volunteers, which allows people to live independently in their own home and get the nutrition they need. Last year 142 meals were served to Orono residents. The newest offering by WeCAN is the mobile food shelf, which transports healthy food to people facing barriers to accessing traditional food shelves. As part of this program, WeCAN sees a lot of people with disabilities, elderly, chronic health conditions, and children are served meals after school hours or school breaks. Deliveries are made to area low-income apartment complexes as well as sent out with Meals-On- Wheels deliveries. In addition, school bags are delivered to children on school breaks and over the summer since they are missing the meals they would typically receive during the school year. Last year this program distributed over 45,000 pounds of food and 13 Orono residents utilized this service. The fourth and growing program is the employment service. Clients can meet with job counselors to assist them in resume` writing, job searches and interview skills. This provides them with the support and confidence to seek out employment, better paying or more stable job opportunities. Budget classes are also offered to provide financial education. Larson stated WeCAN offers a holistic look at programs to address the many issues associated with poverty and homelessness. It provides a vital service to the City in caring for the people who are disadvantaged. Larson stated she looks to city leadership for their support of the programs and to help keep the residents stable. Levang asked how the global market works. Larson stated the program is approximately two years old and came about because they saw that there was a lack of transportation service for people to be able to get to the food shelf. WeCAN now physically delivers the food to various places, which tends to be the clustered groups of low income families or people with disabilities. Currently WeCAN delivers twice a month to four different apartment complexes. Larson indicated they receive lots of donations from the donation garden here in Orono as well as donations of milk, eggs, margarine, and meat. Larson stated they also send bags of food along with Meals-On-Wheels drivers. Walsh asked if they served 147 families in Orono. Larson indicated it was 142 meals. Walsh asked if any of the children who received backpacks were from Orono. Larson indicated they delivered approximately 500 school bags but that they do not have it broken it down by the school. Larson noted that the majority of Orono does not fall into the Westonka School District but that she can probably obtain that information and provide it to the City. Walsh commented it is important the City supports its citizens as much as possible and that he would like to know the percentages. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 28    5. WESTERN COMMUNITIES ACTION NETWORK (WeCAN) (continued) Larson noted in the Council packet there is a statistic sheet, with Orono’s numbers being listed towards the bottom. Larson stated Harvest Moon also donates food that is close to expiring once a week. McMillan commented she took a tour of the facility in February and that it is very well run and organized. Larson stated all the Council members are welcome to tour their facility anytime. Walsh asked if monetary donations can be directed towards certain programs. Larson indicated they can be. PUBLIC COMMENTS None PUBLIC WORKS/CITY ENGINEER REPORT *6. LURTON PARK PARKING LOT EXPANSION Levang moved, Cornick seconded, to accept the quote in the amount of $1,250 from Bituminous Roadways, Inc., for the expansion of the Lurton Park parking lot. VOTE: Ayes 5, Nays 0. PUBLIC SAFETY REPORT None PLANNING DEPARTMENT REPORT 7. #16-3808 RICK DENMAN ON BEHALF OF CASCO VENTURES, LLC, 3800 CASCO AVENUE, VARIANCES City Planner Curtis stated the applicant is requesting a lot area variance as well as rear and front yard setback variances in order to construct a new residence on the property. The plan has been revised slightly since the Planning Commission review to reduce the structural footprint to conform to the 15 percent limitation. The applicant has also rotated the house on the lot and it now encroaches seven feet into the required 30-foot front setback on the south side. The previous plan met the 30-foot setback. At its March meeting, the Planning Commission voted 5-0 to recommend approval of the lot area and rear setback variances with the condition that the house be revised to conform to the 15 percent limitation for structural coverage. Staff recommends approval of the lot area, rear and front yard setback variances. If the Council finds it appropriate, they should direct Staff to draft an approval resolution for adoption at the May 23 Council meeting. McMillan asked where the 7-foot encroachment is. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 28    7. #16-3808 RICK DENMAN ON BEHALF OF CASCO VENTURES, LLC, 3800 CASCO AVENUE, VARIANCES (continued) Curtis pointed out the encroachment on the overhead. Curtis stated when the house was rotated more counter-clockwise, it met the 30-foot setback. McMillan asked why the house was rotated. Curtis stated the applicant could probably better address that but that there were some comments at the public hearing regarding the drainage on the property. Previously the applicant had a retaining wall shown along the side and then subsequently rotated the house so it would be a better fit on the property. Rick Denman, Charles Cudd Company, stated the primary reason they rotated the house was to maintain a gentler slope coming up the driveway to the garage. Denman indicated he did not realize the slope of the driveway when they were before the Planning Commission. In addition, the retaining wall has been eliminated. Denman noted he is building a new home just to the west of this piece abutting Lot 10 and that they are developing these two properties together. Denman stated the reason for the variance is there is no good way to put a home on this lot with a decent back yard due to the setbacks. Denman stated in his view this offers the most aesthetically and functional way to do that. If the house were to be rotated and the front yard was the way it was originally proposed, there would have been no back yard and the neighbor would be looking right into the back of the garage. Denman stated this provides a nicer back yard as well as a nice street presentation. Levang stated she had a concern about the orientation of both of the driveways. Curtis displayed the survey on the overhead. Curtis asked where the driveway is in relation to the stop sign. Levang stated it appears the construction driveway is right in front of the stop sign. Denman indicated he is not positive on that and that he would have to double check it. Denman asked if there is a requirement that the driveway be located so far from the stop sign. Walsh commented it appears that the stop sign is located in the middle of the driveway. Levang asked if the driveway that is depicted is where it originally was. Levang noted there appears to be some remnants of a past driveway at 3800. Levang asked whether the new driveway will be in the same spot. Denman stated it is pretty close. Levang commented there is not much room for a back yard. Levang stated she is not sure whether the difference between the two versions is something the Planning Commission should look at. Levang asked if there is an overlay showing the difference between the two. Curtis displayed the original plan. Levang asked if they have changed the angle of the front door. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 28    7. #16-3808 RICK DENMAN ON BEHALF OF CASCO VENTURES, LLC, 3800 CASCO AVENUE, VARIANCES (continued) Denman indicated it is facing the same direction but is now at an angle. Levang stated she is concerned about the 23 feet versus the 30. McMillan stated the practical difficulty is the driveway slope. Denman stated in their view what they have proposed is a good solution if the Council is in favor of the variance. Walsh moved, Printup seconded, Application No. 16-3808, Rick Denman on behalf of Casco Ventures, LLC, 3800 Casco Avenue, to direct Staff to draft an approval resolution granting lot area, rear and front yard setback variances as presented. VOTE: Ayes 5, Nays 0 8. #16-3818 DALE MULFINGER (SALA ARCHITECTS) ON BEHALF OF CHRIS AND LESLIE NEUGENT, 710 BIG ISLAND, VARIANCES Curtis stated the applicant is requesting lake setback variances as well as a 0-75 foot hardcover variance in order to construct additions to the existing cabin and construct a detached storage building/garage on the east side of the property. All of the projects will be located lakeward of the average lakeshore setback line. Therefore an average lakeshore setback variance is necessary. The Planning Commission reviewed this application and held a public hearing. The Planning Commission voted 5-0 to approve the variances with the recommendation that the construction plans be revised to reflect the type of foundation to be used under the screen porch. The applicant has submitted those revised plans. Staff has provided a draft resolution for Council review. Levang noted the Planning Commission discussed the new porch not becoming a 4-season addition to the house but did not stipulate to that in their recommendations. Levang asked if the City Council is comfortable with not including that in the resolution. Curtis noted it is difficult for Staff to enforce that kind of provision but the City Council can impose that if they would like. Curtis noted the mass and structure would still there with the 3-season porch and will not change if it is a 4-season porch. McMillan asked about the foundation. Curtis stated the applicants are showing construction utilizing those 3’ x 3’ piers. Since the applicants’ verbal plan did not coincide with their plans on paper, it was requested that they provide revised plans showing that the existing footings will be utilized. Those revised plans have been submitted and show they will be utilizing the existing footings. Walsh stated the issue he has is the encroachment into the 0-75 foot zone and that he is not sure why the Council would allow them to encroach simply because those footings exist in that area. Walsh stated it does not matter to him if it is a 3-season porch or a 4-season porch. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 28    8. #16-3818 DALE MULFINGER (SALA ARCHITECTS) ON BEHALF OF CHRIS AND LESLIE NEUGENT, 710 BIG ISLAND, VARIANCES (continued) Council Member Cornick asked if the 3’ x 3’ footings have been inspected. Curtis indicated the City has not inspected them but the applicant has performed some structural testing by standing on one of the piers. Dale Mulfinger, Sala Architects, stated they have only dug around the edges of the piers and that they are fairly substantial. Mulfinger indicated they have not found any historic record of what the piers were used for but that the previous property owner had installed a sliding glass door to go out to that area but never built out to that area. The new owner purchased the house less than a year ago and is not aware of all the history. The house was built approximately 15 years ago as a replicate of something that used to be there. Mulfinger noted they are extending the roof over the three doors out to the piers for the porch. They are rumble stone footings that appear to be very similar to the foundation of the house. Mulfinger noted the house has a strange floor plan and that the majority of their work is interior in an attempt to realign the floor plan to accommodate a handicap child. Mulfinger stated currently there is no screen porch on the house but instead open porches. Mulfinger indicated they will be enclosing a portion of the southwest corner of the porch in order to make a library out of what is a vast amount of living room. Printup asked whether the piers would be grandfathered in if there were historical records found showing that it was used at one time. Mattick indicated in his opinion it would not be. Mattick stated if anything was there at one time, it has been removed and the right to have it grandfathered in has been lost. Cornick asked how confident the applicant is that the footings will exist in 20 years. Mulfinger stated if they are not totally adequate, they would rebuild them as they currently exist. McMillan asked if he can guarantee that they will use the existing piers as they are today. Mulfinger indicated he cannot guarantee that but that they would look the same if they had to rebuild them. Mulfinger noted a heavy weight structure will not be placed on them either. McMillan stated she is attempting to figure out why they want to go out to the piers. Mulfinger stated it was because they thought it was part of the original structure at one point and that the larger porch is more functional. Walsh noted that is not a practical difficulty and it is a slippery slope if they approve this. Mulfinger stated their initial thought was that it was part of the original structure. Walsh moved, Printup seconded, Application No. 16-3818, Dale Mulfinger, SALA Architects, on behalf of Chris and Leslie Neugent, 710 Big Island, to direct Staff to draft an approval resolution granting variances without the encroachment in the 0-75 foot zone. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 28    *9. #16-3821 RICHARD STORLIEN ON BEHALF OF TIM AND MARY BECKER, 1565 FAIRVIEW COTTAGE LANE – CONDITIONAL USE PERMIT – RESOLUTION NO. 6624 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6624, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-328(7) and 78-1437 for the property located at 1565 Fairview Cottage Lane. VOTE: Ayes 5, Nays 0. 10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST – PRELIMINARY PLAT/RPUD REZONING/COMPREHENSIVE PLAN AMENDMENT Curt Fretham and Ben Wickstrom, Lakewest Development, were present. Gaffron noted the City Council reviewed a sketch plan submitted by the applicants within the last year. At this time the applicant is requesting the following approvals for a proposed 27-lot single family residential development: 1. Amendment of the Orono Comprehensive Plan (CMP) to allow development of the property at a density of approximately 5.5 units per develop acre for this property which is guided in the CMP for development at a density of 10-15 units per acre, and to allow single-family dwellings in place of the multi-family dwellings currently guided in the CMP; 2. Preliminary plat approval for a 27-lot single-family residential subdivision; and 3. Rezoning to Residential Planned Unit Development (RPUD). The property is the former Eisenger site and is located on the south side of Wayzata Boulevard, north of the new Highway 12 corridor. The entire site consists of approximately 30 acres. The applicants are proposing at this time to develop only a portion of the site. The area that is not being developed is the former landfill site that was operated back in the 1960s and 1970s. The landfill has been capped and the applicant has spent quite a bit of time determining the boundaries of the landfill. The portion of the site proposed for development at this time is high ground overlooking the wetland and sitting 10 to 15 feet above Wayzata Boulevard. The site is a former homestead and the site contains a number of mature hardwood trees surrounded by areas of low vegetation formerly maintained as lawn. The southwesterly portion of the property used to be a landfill for a number of decades and is currently open space with a number of volunteer tree growth. The existing trees near the south side of the property provide some measure of visual and sound buffering to the Highway 12 freeway. This site is an area of the City that in the 2030 Comprehensive Plan was re-guided for higher density at 10 to 15 units per acre. The City Council agreed to the higher density and put in place a plan that would allow one or two multi-tenant buildings in the area of the property that is not former landfill. The Planning Commission reviewed this application at their April meeting and recommended approval for all components of the application. The Park Commission reviewed this application at their May 2 meeting and recommended that a 10-foot trail easement along the northerly property boundary be granted for potential future trail use. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 28    10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST – PRELIMINARY PLAT/RPUD REZONING/COMPREHENSIVE PLAN AMENDMENT (continued) The Park Commission tabled the question as to whether land for park purposes should be dedicated instead of a park dedication fee pending further review by the individual commissioners of the site and the City’s park needs. Senior Planner Gaffron noted one of the new pieces of information that has recently come in is a letter from Hennepin County that is suggesting there should be only one access and not two. Hennepin County has also indicated that turn lanes would be desired as well as some additional right-of-way. The applicant has indicated that they would like to discuss the proposed layout. Staff has not taken a closer look at the proposal to see whether a different layout or access point would be more desirable. Staff would request the City Council discuss the following seven and provide direction to Staff: 1. Does the amendment further the City’s goals for development of higher density housing? 2. Are there specific aspects of this site that support a reduction of the density from the current guided density? 3. Are there any negative aspects to re-guiding this site for lower density? 4. Aside from numerical density concerns, does the City Council have any concerns about revising the development parameters for this site from multi-family use in one or two buildings to single- family individual homes? 5. The developers have suggested the possibility of developing a multi-family building within the landfill site, which would require extensive mitigation (remove landfill contents in area being developed). That is not part of their current request. Does the City Council find that adding a multi-family building would be desirable if it helps increase density on the property? 6. Are there specific conditions that should be established as part of an approval of the re-guiding? 7. With the proposed amendment, the City’s overall development density is expected to drop below 3.0 units per acre. The City will need to identify more opportunities for higher density housing. Staff expects the Metropolitan Council to request that the City identify other areas for higher density. Gaffron requested the City Council discuss the above items and then provide direction to Staff. McMillan stated the access issue will make this site even more difficult to develop and that the Council should discuss how that should be handled. Walsh stated the language from Hennepin County appears to be pretty passive and that they say they would prefer a single access. Gaffron stated Hennepin County also did not provide any insight into what the sight distance should be or whether the access point should be one of the two proposed or in a different location. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 28    10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST – PRELIMINARY PLAT/RPUD REZONING/COMPREHENSIVE PLAN AMENDMENT (continued) Walsh stated the letter in his view does not say a definite no to the two access points. Walsh asked whether Staff has had conversations where Hennepin County is saying no but making the language softer in the letter. Gaffron stated the discussion he has had with them verbally is that they do not want a second access, and if the developer wants to propose a second access, Hennepin County will place a number of restrictions on it. Gaffron noted Hennepin County will also be redoing this section of the road in 2019. Walsh stated the other question he had relates to the second part of the site. Walsh asked whether that has really been guided for anything. Gaffron stated it has not been considered as developable land. Walsh asked what the density would need to be guided at in order for the City to be at three units per acre. Gaffron stated in his view the City would need to look at it as a single parcel. If there are 27 units on 5.5 acres, that would result in approximately five units per acre. Gaffron stated it would not be easy to get to ten units per acre without having a fair amount of apartments. Walsh stated in his view that number would be helpful to the Council before the City goes looking at other sites. Gaffron indicated Staff can take a look at that. Walsh asked if the City should get a firm answer from the Metropolitan Council on the density prior to the applicant redesigning their plans. Gaffron stated there are two things the City is looking at. The first is how big the building needs to be in order to get to the existing 10 to 15 guided density on the site. If that portion of the site is not developed, the City will need to look at what it takes to get to three units. Gaffron indicated Staff will need to look at that. McMillan stated two of the biggest issues she has had with the two buildings on the site is that it is out in the middle of nowhere and that it is not clear whether the site can be mitigated. McMillan stated in her view having people purchase $600,000 homes on the other parcel and then in five years construct two multi-family homes would result in a number of people being upset. McMillan asked whether Hennepin County would require the developer to pay for the turn lanes as well as construct them. Gaffron stated that is his expectation. McMillan stated she is not sure if there is enough right-of-way to construct the turn lanes but the developer will likely need to pay for those, which will result in additional expenses to the developer. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 28    10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST – PRELIMINARY PLAT/RPUD REZONING/COMPREHENSIVE PLAN AMENDMENT (continued) McMillan stated if Phase 2 goes in, they would likely want two access points and that there should really be a dedicated outlot for the future road. McMillan stated she is concerned about whether a big building is doable on the site and whether that would be a great selling point for the other portion of the site. McMillan stated she is having some issues with the whole concept and that she wants to be somewhat confident the City knows the direction they would like to proceed prior to approaching the Metropolitan Council. McMillan asked whether Staff could discuss the City’s density with the Metropolitan Council without this specific application in front of them. Gaffron indicated City Staff would need to know how the Metropolitan Council calculated the three units per acre and that he was surprised the Metropolitan Council did not call out the Gonyea site as being the straw that broke the camel’s back. Gaffron stated lower density on this site will push the City under that limit. Gaffron stated it may be possible that the Metropolitan Council is doing some things doing differently from the City and that they might be adding or excluding different properties. Gaffron stated one option is to make the application for this project and the other option is to say the City has a possible project that is guided for this many units and see how they react to it. Walsh stated Hennepin County has also thrown a curve ball at this development. The other issue is having a multi-family building next to some expensive homes, which would look a little strange, and that the City needs to know whether the Metropolitan Council is going to hold the City to the three units per acre. McMillan stated one of the challenging things about the site is that it is unknown whether the landfill site can be mitigated. McMillan stated one of the questions is whether the Council is happy with the proposed density on Phase I. McMillan stated she does not feel confident that Phase II will solve the City’s density problem and that somewhere down the road the City may have to have higher density on another property as well. Levang concurred that the Council should not count on Phase II to get the City to the appropriate density with the Metropolitan Council and that they need to know what the ramifications are of not having the density at what it was originally guided for. Levang stated if Hennepin County limits the access to only one location, it would really limit the number of units that could be constructed. Levang commented she would have liked to have some more guidance from Hennepin County on where they would like to see the road and that she is not sure if this plan is going to work with only one access point, especially given the 55 mile an hour speed limit in the area. Walsh stated the City has to guide the landfill site for something even if there are no guarantees. McMillan noted the City did not guide it for anything because it is a former landfill site. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 28    10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST – PRELIMINARY PLAT/RPUD REZONING/COMPREHENSIVE PLAN AMENDMENT (continued) McMillan noted the City will be redoing the Comprehensive Plan in 2018 and that Orono guided these properties for higher density in order to make the required density. McMillan stated she cannot say that Phase II will be a solution to the density question. McMillan stated she would like to pencil in a western access in case the landfill site can be mitigated and that perhaps having just one access at this point will work but the plan will need to be redone. McMillan stated the turn lanes will also be expensive to construct. Walsh commented the developer may not want to go ahead with the development given the expense of the turn lanes. Cornick asked if there are any negative impacts on water or sewer going that direction if there is no phase two. Gaffron stated the City will be extending the sewer and water lines to this site for Phase I. Gaffron stated from a capacity standpoint, whether it is 27 units or 47 units, that system will be able to handle them and that it probably is simply a matter of a bigger pump. Gaffron stated the system will probably end at the lower end with a lift station that will pump everything to the east. Ben Wickstrom, Lakewest Development, asked if the density on this site is different from the three units per acre. Gaffron indicated the three units per acre is the density overall for the City, which is different from the density that was guided for this site. Wickstrom stated as it relates to Phase II, if the Council looks at the dimensions of the building footprint to the west of the parking area, the building envelope that would need to be mitigated is almost exactly an acre. If the first phase of the development encompasses 4.9 acres, by adding an acre, it would be pretty simple math to say that 60 units total would be required to get to the six units per acre. Wickstrom stated a 33-unit building would get the City to that density. Wickstrom stated the Comprehensive Plan currently guides the overall piece for two 21-unit buildings for a total of 42 units. Wickstrom noted that area was not initially targeted for higher density since it was believed it was not buildable. Wickstrom indicated they have had environmental engineers who have looked at the site and they believe it can be mitigated. Wickstrom stated in his view the first step is to see if that can be guided and that they are willing to attach whatever number the Council would like to see on that parcel. Wickstrom stated as developers, flexibility in the density number makes it easier to design something that works and that they are proposing 5.5 units per acre in the single-family portion. Wickstrom stated if necessary, they are willing to design something for Phase II. McMillan asked how deep the landfill is in that section. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 28    10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST – PRELIMINARY PLAT/RPUD REZONING/COMPREHENSIVE PLAN AMENDMENT (continued) Curt Fretham stated they dug approximately40 test holes on the western edge as well as well as 40 other test holes on the other section and it ranged from 12 to over 20 feet in depth. McMillan asked if some of that used to be wetland. Gaffron stated that is correct and that a lot of fill was brought in in the 1980s and 1990s. 1 McMillan asked if they would be willing to construct turn lanes. Fretham indicated they would be open to it. Gaffron asked how the development would be impacted if Hennepin County requests additional right-of- way. Fretham stated in their view Hennepin County will not request additional right-of-way since there already is 50 feet of right-of-way on that side of the road. Marty Campion, Engineer, indicated there is 50 feet of right-of-way from the center line to the south and probably 50 to the north, for a total of 100 feet of existing right-of-way. Campion noted there was a question about access and that they have looked at a single access. Campion indicated they have put together a quick sketch for a single access. Campion stated based on the discussions with the Planning Commission and the possibility of a public street down to Phase II, they chose to place the single access on the west side and provide a T-turnaround on the east side or a cul-de- sac. Campion indicated they both would fit but it would cause the lots to get tight. Campion noted they are not certain that is the place the County was looking at but that they felt it made more sense to have access on the west side. McMillan asked how wide the paved road would be. Campion stated they are showing it at 28 feet but that a typical public street width would be 32 feet. McMillan stated given the amount of housing, it probably would need to be 32 feet. Gaffron asked if they would still have a 40-foot corridor. Campion indicated it would be and that the portion of the road to the east would be private. Campion stated if it is a city street, it would be reconfigured slightly in a more north/south direction with a T coming in from the east. Campion stated they were attempting to demonstrate a single access on the west side and that they tried not to impact the overall layout of the plan. Walsh stated it should be verified that they can build on the landfill site so the City can then guide it for the appropriate density. Campion stated they do not know for sure what Hennepin County would prefer for the access location. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 28    10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST – PRELIMINARY PLAT/RPUD REZONING/COMPREHENSIVE PLAN AMENDMENT (continued) Gaffron stated in order to get to the ten units per acre overall for the site, based on eight acres, they would need to get to 80 units. Walsh asked what would get the City to three. Gaffron stated Staff does not have an answer to that yet. Walsh stated the bigger question in mind is what will get the City to the three units per acre, which would give the City Council a better idea of what the landfill site should be guided for. McMillan asked how the building would be stabilized. Campion indicated their borings showed more glacial till and suitable soils down at the bottom of the borings and that it was not all soft and organic. Cornick noted there was some discussion by the Mayor about possibly doing Phase II first. Fretham stated they would prefer to do Phase I first and that it does not seem practical to do Phase II first. Campion stated the only reason Phase II is depicted on their plans is that they wanted to have something in writing so the residents of Phase I could not say they never ever saw Phase II. Campion stated it was not their intent at the beginning to build Phase II right away but that they would like to show it as a possibility at some point in the future. McMillan stated Phase II may not be viable and that she does not want to go to the Metropolitan Council with it included. McMillan indicated she would like Phase I to pretty much stand on its own and that she does not want to use Phase II to make Phase I more desirable. Wickstrom stated she is talking about satisfying the Metropolitan Council and not the City of Orono as it relates to the density. Wickstrom stated if the City needs to target a certain density on Phase II, they will not come back and say they want to construct more single-family homes. Wickstrom stated if it is included in the Comprehensive Plan and approved by the Metropolitan Council, which is what it will be targeted at. Wickstrom stated they have found that the site is worth cleaning up if an acceptable density can be reached but that Phase II is a little further down the road since it probably is not feasible to build a multi-unit building on that site currently. McMillan stated she also does not believe a multi-unit building is feasible at the present time and that she would like Phase I to stand on its own. Walsh stated the City still has to guide it even if it is not built for a while. Walsh stated another piece of information the City needs is what it will take to get to the 3.0 units per acre. Walsh stated in his view the City is missing that information before they will know how big the building needs to be. Walsh stated if Phase I has 27 units and 40 are required to meet the density that would throw everything out. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 28    10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST – PRELIMINARY PLAT/RPUD REZONING/COMPREHENSIVE PLAN AMENDMENT (continued) Wickstrom noted the Mayor was looking at Phase I as a stand-alone property and that the City is looking at dropping below the three units per unit because of the density that is being proposed for this site. Wickstrom asked if they are being lumped into the same parameters as the Orono Preserve property and whether the City is attempting to make up the density on this piece of property. Walsh stated if they propose something that meets the guided density for the property that would be ideal, but that the City needs to find out what it will take to get to the three units per acre. Walsh stated they are not being asked to make up the density for the other property. Wickstrom noted they are proposing to develop 4.9 units per acre currently, and to reach that higher density, the smallest possible building would be 33 units. Walsh asked how that piece of property can be defined as buildable. Gaffron stated it is Staff’s belief the Metropolitan Council will credit the City any acreage that has to be mitigated. If that area is one acre and 33 units can be placed on it, then there will be 10 units per acre over the entire site. Barnhart stated Staff would like to visit with the Metropolitan Council on what that gap is and then come back to the City Council with recommendations on where that higher density would be most appropriate. Barnhart indicated Staff is looking for some direction or authorization to go before the Metropolitan Council with this proposal. Gaffron stated rather than doing it as a formal Comprehensive Plan amendment, the applicant or Staff could speak with the Metropolitan Council via phone and ask them. McMillan suggested they also tell the Metropolitan Council that this is a former landfill site and that it might be difficult to mitigate. Walsh stated if they can mitigate one acre and build a multi-family building that can help make up a lot of ground. McMillan stated as it relates to Phase I, she would like to know if the applicants have thought about constructing any townhomes along with the single-family homes. McMillan stated she does not see single-family homes as being as strong of a market given the price point and the tight lots. Fretham stated it is essentially the same plan the Council has reviewed three times with the exception of the Z-lot. The purpose of the Z-lot was to widen the main floor master bedroom and that they were careful not to block the view of the adjoining home. Fretham noted the separation between the homes is ten feet, which is common in other cities but not commonplace here in Orono. Fretham stated in their view there is a stronger market for the single-family homes for families who do not want all the yard maintenance. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 28    10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST – PRELIMINARY PLAT/RPUD REZONING/COMPREHENSIVE PLAN AMENDMENT (continued) Walsh stated he likes the wide road, the internal walkway, the views, and the angles. Walsh stated in his view it will be a nice product. Walsh commented he always likes to have wider setbacks but that he can live with the 10-foot separation. Fretham stated they have spent a lot of time making the plan work and preserving the views. Levang asked how many different exterior plans there will be. Fretham stated they are envisioning them to all be custom homes. Fretham stated there will likely be some similar architectural features given the fact that there are 27 homes and that they have submitted some sample floor plans to show that the foundations and building pads will work. Fretham stated they will have some set standards for exterior materials and the front façade. McMillan requested the applicants put together a list of building standards for the homes and then submit that to Staff. McMillan noted the review period on this application expires June 3. Gaffron indicated Staff would ask for an additional 60 days if the application is tabled tonight. Gaffron noted the City is allowed 120 days for the subdivision, which would not expire until August. McMillan stated it sounds like this application will be back in two weeks. McMillan asked if the City should attempt to nail Hennepin County down on the access point. Gaffron stated a meeting between Hennepin County, Staff, and the applicant will need to take place. Campion stated their next step is to try to convince the County why they like this access, and if Hennepin County is not in agreement, they will request they provide some direction on where they would like to have the access. Wickstrom asked if the Council is comfortable with the setback from the buffer. Wickstrom indicated they have the ability to reduce that buffer by a little bit and make it up elsewhere but that they would like to know if the Council is comfortable as it sits right now. Gaffron stated the buildings would need to be set back ten feet from the buffer so there is the ability to mow and walk around the buildings. Gaffron noted the Park Commission has indicated they would like to obtain a 10-foot easement and the Planning Commission did not make a recommendation on the easement. That easement would impact the site to some extent. In addition, in order to create a topography that is five to ten feet lower than the high points and to create flat building pads, it will be necessary to cut down virtually every tree on the site. If Hennepin County takes another ten feet of right- of-way, the question becomes how that will impact the development. The RPUD standards also require 250 feet from the OHWL, which is somewhere between Lots 1 and 2, but Staff and the Planning Commission does not see that as an issue and that some flexibility to the 250 feet will probably need to be given. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 28    10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST – PRELIMINARY PLAT/RPUD REZONING/COMPREHENSIVE PLAN AMENDMENT (continued) Levang indicated she is okay with the 250. Levang asked how many homes would only have ten feet to the buffer on the south side. Campion stated the steepest one is Lot 11 on the south side. From the back side of that lot, the slope drops to about a 3:1 slope, which is maintainable but not flat. The City’s ordinance requires a 10-foot setback, which is being met. Campion stated their intent with the whole subdivision was not to have back yards where people are out there playing since there are topographical issues and they have to make up grade. Campion stated the choice is either to have a 3:1 slope or construct retaining walls. Gaffron stated based on the topography, some of the homes on the wetland side will not have the right percentage of the basement in the ground and some may end up being counted as stories. Gaffron stated the Council could make that flexibility part of the RPUD. McMillan asked whether they would be able to widen the road to 32 feet rather than 28 feet. Campion stated they are not proposing a sidewalk so the road can be widened. Campion noted the 28 feet is wide enough to accommodate parking on one side. In addition, the driveways will accommodate one car so there should not be a lot of parking on the street. Campion stated they can shrink up the buffer in the back of the units on the south side but that he is not sure what they would be gaining with that since it would be increasing the impervious surface and reducing the buffer. Levang asked if there is another place they can have a parking bay. Campion indicated they have not looked at that since they were providing a two-car garage as well as some parking in the driveway. Walsh asked if there will be a main bank of mailboxes or whether each home will have their own. Campion stated to his knowledge new developments have to have one main bank of boxes. McMillan stated she personally does not see the need for a trail easement going west, especially given the wetland. Walsh commented there is nothing to the west for the trail to go to. Campion stated the trail easement will take away some of the buffering space. Levang stated she would rather see the buffering. Campion stated what the plan does not show is that there is screening from Highway 12 at this time of year. Cornick asked if the fire chief has signed off on the plan. Gaffron indicated he has not. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 28    10. #16-3822 LAKEWEST DEVELOPMENT, 3245 WAYZATA BOULEVARD WEST – PRELIMINARY PLAT/RPUD REZONING/COMPREHENSIVE PLAN AMENDMENT (continued) McMillan asked if anyone from the public would like to comment on this application. Dave Truax, Realtor, stated he sold the property to Lakewest Development and that he is also familiar with the Dumas property. The Dumas’s are not opposed to developing this property or the Orono Preserve property. Gaffron stated the direction he has from the City Council is for Staff to have a discussion with the Metropolitan Council on the density, the developer should set up a meeting with Hennepin County and Staff to gain a better understanding about the access, and to have the fire chief review the plan prior to the next Council meeting. Staff would recommend the application be tabled. Levang moved, Walsh seconded, to table Application No. 16-3822, Lakewest Development, 3245 Wayzata Boulevard West. VOTE: Ayes 5, Nays 0. (Recess taken from 9:15 p.m. to 9:17 p.m.) 11. #16-3823 CITY OF ORONO TEXT AMENDMENT: CONCEPT PLAN PROCESS Community Development Director Barnhart stated the draft ordinance establishes a process for the conceptual review of policy applications to be made by the Council. Policy applications include comprehensive plan and zoning map amendments and zoning text amendments. The ordinance also removes the requirement that Class III Subdivisions go through the sketch plan process. The Planning Commission reviewed the draft ordinance at their April meeting. Following discussion on which applications are appropriate for concept review, Staff and the Commission felt that concepts focused on policy changes were more appropriate. This would allow interested parties to develop material for the Planning Commission and City Council discussion on items including Comprehensive Plan amendments and zoning amendments. To date, Staff has received no comments either for or against the proposed ordinance. Levang moved, Printup seconded, to adopt ORDINANCE NO. 168, Third Series, an Ordinance Amending the Code of Ordinances Pertaining to Concept and Sketch Plan Review. VOTE: Ayes 5, Nays 0. 12. #16-3825 CITY OF ORONO TEXT AMENDMENT: HARDCOVER CALCULATIONS IN 0-75’ ZONE Barnhart stated this draft ordinance codifies practice and confirms Council intent. Retaining walls, while not permitted within the lake yard, are to be counted as hardcover within that lake yard, as is all other permitted and grandfathered hardcover. Retaining walls outside of the lake yard are not to be included in the calculation of hardcover. The Planning Commission at its April meeting reviewed the draft ordinance and supported the amendment as drafted. There have been no public comments received to date. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 28    12. #16-3825 CITY OF ORONO TEXT AMENDMENT: HARDCOVER CALCULATIONS IN 0-75’ ZONE (continued) Staff recommends approval of the ordinance as drafted. Walsh indicated he is not in agreement with this ordinance and that back in 2012 it was clear that people did not want retaining walls to be counted as hardcover. Retaining walls are typically used to shore up land and help hold the water back. Orono does not allow people to have hardcover within the 0-75 setback for decorative purposes, which is different from a retaining wall that is required to help stabilize the slope. Walsh stated this ordinance would put people who have hills going down to the lake and people who don’t have hills at odds with one another. Walsh stated if the retaining wall is helping to stabilize something, the person should not be penalized. In addition, people with small lots will be penalized even more, which should not occur if they are stabilizing the slope. Barnhart stated that is why Staff wanted to bring it up and that they wanted to make sure they are doing what the Council wants. Barnhart stated there was some discussion about boathouses in the 0-75 foot zone and that Staff wanted to make sure those were counted as well as other improvements in the shoreland area. Walsh stated he is not talking about the boathouses but that he has a concern about retaining walls and why it counts one way and not another way. Walsh stated the ordinance needs to be consistent as well. McMillan stated she remembers wanting it excluded from 75 feet going back towards the street. Printup noted in reviewing the minutes he stated very clearly that he wanted it left as an exclusion. Printup stated he attempted to review the video online but that the video recordings are not kept back that far. Printup indicated he continues to be okay with having retaining walls in the 0-75 foot zone as long as they are there for stability more so than decorative. Barnhart noted the ordinance does not change whether or not they are allowed within the 0-75 foot zone but that the ordinance changes whether they are counted as hardcover. If the Council does not adopt the ordinance, retaining walls would not be counted as hardcover. McMillan stated the City has not reviewed much of the new hardcover ordinance, which she takes that the ordinance is working well. McMillan asked what Staff’s thoughts are about including retaining walls in the hardcover calculations. Barnhart stated he reads the ordinance in very black and white terms and that retaining walls do not count. Other members of Staff do not necessarily agree with that interpretation, which is why he wanted to make sure that Staff is going in the right direction. Barnhart stated it is hard for him to say whether it is necessary. From a hardcover perspective and the goal of the shoreland district, retaining walls are to help stabilize the slope, and that the hardcover impact is relatively minor. Barnhart stated while a vertical retaining wall is relatively minor as it relates to hardcover, it is still visible. McMillan asked if there is a specific reason why Staff brought this forward. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 28    12. #16-3825 CITY OF ORONO TEXT AMENDMENT: HARDCOVER CALCULATIONS IN 0-75’ ZONE (continued) Barnhart indicated it was merely for clarification. McMillan stated she wanted to make sure that Staff has not been encountering pr Loftus stated the comments she has heard is that people like the new hardcover ordinance since they are allowed more hardcover without the need for a variance. City Attorney Mattick stated whether to count retaining walls as hardcover would be a policy decision by the Council. Levang noted the City Council would be going against what the Planning Commission recommended. McMillan asked if this ordinance would help to control retaining walls that are more decorative. Barnhart indicated he does not see the ordinance doing that. Printup moved, Walsh seconded, to deny Application No. 16-3825, City of Orono Text Amendment: Hardcover Calculations in 0-75 foot zone, with the clarification that retaining walls are not to be included in the hardcover calculations in the 0-75 foot zone. VOTE: Ayes 4, Nays 1, Cornick Opposed. *13. PLANNING COMMISSION CHAIR AND VICE CHAIR Levang moved, Cornick seconded, to appoint John Thiesse as Chair of the Planning Commission and Bruce Lemke as Vice Chair. VOTE: Ayes 5, Nays 0. *14. NAVARRE PARKING LOT IMPROVEMENTS Levang moved, Cornick seconded, to authorize Gronberg & Associates to complete a survey for the Navarre parking lot and related parcels with the funds coming from the contingency account. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Levang reported the 2K walk with the Mayor was very successful and that the City had wonderful partnerships with Harvest Moon and Otten Brothers, who donated items to the walkers. Levang indicated she learned a lot from Otten Brothers and that overall it was a very good event. McMillan stated it was nice to kick off the Step-To-It program with the 2K walk. McMillan noted the Drug Take-Back Program was also held that same day and that a number of people dropped off their prescription drugs. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 28    MAYOR/COUNCIL REPORT (continued) Loftus reported the Police Department ended up with nine boxes full, which amounted to 140 pounds of prescription drugs. Loftus stated the Police Department had to have two officers escort all those drugs to Alexandria to be incinerated. McMillan stated the Minnetonka Creek Watershed District had a policy meeting recently to discuss their Comprehensive Plan. The MCWD is trying to reach out to cities and work with them to make it easier for permitting. McMillan stated one of the things the Watershed District learned from Lakeville is the advantage of getting engaged with the developer early in the process rather than later. The MCWD would like to encourage that with other cities. McMillan reported she also attended a meeting of the Highway 12 Safety Coalition last Thursday and that approximately 30 people from the public attended the meeting. McMillan stated the people in attendance would like to see the improvements take place and that she hopes to hear soon about the funding. McMillan noted occasionally she receives requests for proclamations for various things and that Orono has not really done those in the past. McMillan stated she received a request from an Orono resident for a proclamation recognizing National Gun Violence Day on June 2. McMillan stated the City has not really gotten involved in national issues like that in the past and that the policy regarding proclamations has been for issues that are more locally based. McMillan indicated she will forward the e-mail to the rest of the Council. McMillan stated if anyone on the City Council is interested in changing that policy, the Council can discuss that. CITY ADMINISTRATOR’S REPORT 15. RFP FOR PROSECUTING ATTORNEY City Administrator Loftus stated the City received four submittals for the prosecuting attorney Request for Proposals. All four met the minimum requirements and were submitted by the April 29 deadline. The next phase is to review the proposals and to decide who to interview. Loftus stated she did ask Chief Farniok and Sergeant Boris to also look at the proposals. Loftus noted the list of the four firms is public but their actual proposals are not public. Loftus indicated Staff is looking for the Council’s input on whether they would like to interview all four or whether they would like to narrow the candidates down. Loftus noted Mayor McMillan will be gone June 13 and that perhaps the alternate date should be chosen. Staff recommends interviewing Ken Potts and Steve Tallen. Loftus stated the Council could change the start time of their work session on June 27 from 5:00 to 4:00 and then interview the candidates beforehand. Loftus stated the City would continue under their current contract with Ken Potts until the end of the year. It was the consensus of the City Council to schedule the interviews for June 27. Cornick stated since he has worked with Ken Potts for 20-plus years and has become friends with him, he would like to be recused from the interview process. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 23 of 28    15. RFP FOR PROSECUTING ATTORNEY (continued) Walsh stated he would like to interview Tallen, Spaulding and David Ross. Walsh stated he would like to exclude Ken Potts since in his view he has not done a good job. Walsh stated there is also another issue that occurred last summer. Walsh stated unbeknownst to him, when he received his DWI fifteen years ago, Ken Potts was the prosecuting attorney. Walsh stated because of that, Ken Potts said that if Council Member Walsh keeps pursuing the RFP, he is going to say that Walsh is biased against him. Walsh stated he found that to be inappropriate and stated in his view Ken Potts should recuse himself from the process. Loftus stated her understanding of the conversation was that Ken Potts had noted Council Member Walsh’s DWI and thought there could be a bias, not that he would bring it forward. McMillan stated she personally would like to interview Ken Potts and the others and that she does not want this process to become political. McMillan stated she appreciates Council Member Cornick recusing himself because of his relationship with Mr. Potts. McMillan suggested that Council Member Walsh consider recusing himself as well since he has expressed some bias towards Mr. Potts. Walsh noted that happened last summer. McMillan stated she would like to interview Mr. Potts and that she does not see the same issue as Council Member Walsh. McMillan stated she is starting to become concerned about the political nature of it since Council Member Walsh has projected a bias. Walsh stated he expressed a dissatisfaction last summer with Mr. Potts’ performance in general and that it had nothing to do with anything else. Walsh stated Mr. Potts’ comment about his DWI came out of the blue. Loftus stated Mr. Potts indicated he did not think it was coming out of the blue and that he felt it could be retaliation against him. Printup asked if this is going to create an automatic review process every five years or every three years. Levang noted that is what the Council agreed to. Printup stated that should help make it less uncomfortable in the future. Loftus stated Staff is looking for annual reports along with a 5-year contract so there is some consistency and that it is important for the Council to pick a firm they are comfortable with. Loftus stated once that firm is selected, the Council will need to be mindful and careful about their interactions with the prosecuting attorney after that point. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 24 of 28    15. RFP FOR PROSECUTING ATTORNEY (continued) Loftus stated it is very important that the prosecuting attorney make impartial decisions about who gets prosecuted and on what since any bias can result in cases be thrown out. Loftus stated as the governing body, it is completely within the Council’s right to decide who services the contract but that it is important to remind themselves that the prosecuting attorney has autonomy and that he should not feel any political pressure from the Council. McMillan stated the Council should pass any complaints about the prosecuting attorney immediately to the city administrator and that individual council members cannot personally get involved in it. Mattick stated the prosecuting attorney should not receive a phone call from a council member telling him not to prosecute someone. Printup moved, Levang seconded, to interview all four candidates for the position of prosecuting attorney for the City of Orono. Walsh noted when the RFP was sent out to the Council for review, he commented right away that currently there is an annual appointment and that it was to be reviewed every five years. Walsh stated he was not looking to bind the City in a straight 5-year contract, with the contract being renewed every five years, and that he requested that be changed. Walsh stated since it was too late to deal with that then, he would like to deal with it now. Walsh stated he is looking for the best firm to do it and not someone who has simply done it for a number of years. Loftus noted the terms of the contract are negotiable and should be discussed at some point. Levang stated she would like some continuity of service and that when people are not sure whether they are going to be hired again for the following year, it makes it difficult on them, especially if they have cases they are going to be prosecuting. Levang stated in her view a 5-year contract helps demonstrate loyalty on behalf of the City and that she has a concern about not being able to extend a contract for more than one year. Loftus noted it is a 3-year contract currently. McMillan indicated she is really only interested in interviewing the first three since the fourth one does not have any experiencing involving Lake Minnetonka, but that she would be willing to interview all four if the rest of the Council would like to. VOTE ON THE ABOVE MOTION: Ayes 4, Nays 0, Cornick Abstained. Loftus asked if Chief Farniok should be involved. Levang stated she would like him to be there. Levang stated he could just listen and not participate in asking questions but that he should be involved to some extent since the Council is selecting someone the police department has to work with. Loftus stated the police chief would be a resource for determining a good prosecutor. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 25 of 28    16. FUND TRANSFER Walsh asked if this is an additional $500,000 that the City had not planned on. McMillan stated it is money that it is in the General Fund and the City is required to keep 50 percent in reserves. Walsh noted these are funds that were not planned on being in the Pavement Fund a year ago. Walsh stated when the Council talked about having other funds go into the Pavement Management Fund, this would be over and above that. Walsh asked if this will be dedicated towards the non-MSA streets. McMillan stated the MSA funds stay in the MSA fund. McMillan stated this money is just going into the pavement management fund and will not be earmarked to a specific project. Walsh stated during the work session there was a discussion about having the extra money going towards the non-MSA streets. McMillan stated this is a fund balance transfer and is not being earmarked toward any specific project at this time. Loftus stated this action follows up on the Council’s work session and would allow the City to move forward with the Hunter and Tamarack overlay projects. McMillan stated the City is only supposed to have 45 to 50 percent of the City’s expenditures in the General Fund as reserves. McMillan stated the City Council may want to think about the intersection of County Roads 15 and 19, which would be a larger project, and that they may want some money transferred into the Community Investment Fund at some point. Levang asked where the money would come from for the trail connection. Olson stated that would come out of the Park Fund. Olson stated the City had a $600,000 surplus, and as the budget goes up, the 50 percent will increase as the fund balance goes up. Loftus noted the exact amount of the excess is $544,000 but that the City will only be transferring $500,000 of that into the Pavement Management Fund. Walsh moved, Printup seconded, to approve the transfer of $500,000 from the General Fund to the Pavement Management Fund for use on approved road projects. VOTE: Ayes 5, Nays 0. *17. HACKBERRY PROPERTY PURCHASE Levang moved, Cornick seconded, to approve the Purchase Agreement between the City of Orono and Lawrence E. and Rosemary C. Gleason for the property located at 140 Hackberry Hill. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 26 of 28    *18. GOLF COURSE DONATIONS – RESOLUTION NO. 6625 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6625, a Resolution to Accept Golf Course Donations. VOTE: Ayes 5, Nays 0. *19. PERMITS/LICENSES Garbage &Refuse Collector Licenses: 1. Baldy Sanitation, Inc. 5906 Henry Street Maple Plain, MN 55359 2. Randy’s Environmental Services 4351 U.S. Highway 12 Southeast Delano, MN 55328 3. Republic Services, Inc. 9813 Flying Cloud Drive Eden Prairie, MN 55347 4. Waste Management 490 Industrial Boulevard Winsted, MN 55395 Levang moved, Cornick seconded, to approve the above-listed licenses. VOTE: Ayes 5, Nays 0. *20. CLAIMS/BILLS Levang moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT, CONTINUED Loftus stated the City is reviewing its dog license program in conjunction with analyzing the Lurton Park permit fees and staffing. Loftus stated Staff has decided to make up some orange signs to designate any forfeited vehicles that might be sitting in the police department parking lot so people do not get the wrong impression. Loftus reported Community Development Director Barnhart is working on a 6-month customer service survey and that the residents are encouraged to fill out an online survey. To date the City has received 27 responses. CITY ATTORNEY’S REPORT MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 27 of 28    21. HAZARDOUS PROPERTY, 3907 CHERRY AVENUE City Attorney Mattick stated this property is located at 3907 Cherry Avenue. Pictures of the property have been included in the Council packet depicting a number of items laying around in the yard, which would be in violation of the City’s regulations. The City first attempted to contact the property owner in 2013 to remedy these issues but a letter sent to the property was returned as undeliverable. Staff has no alternative contact information for the property owner. The home on the property has been boarded up and is currently vacant. The issues existing on the exterior of the property constitute a hazard to public health and safety. The action being requested tonight is seeking permission to file the necessary paperwork to get this action initiated. All costs associated with the cleanup would be assessed to the property. Mattick stated he anticipates personal service will not be obtained in this case and that the City has to publish the notice for six weeks in the City’s legal newspaper, which is required by state statute. Mattick stated to the City’s knowledge the residence is vacant. Jennifer Dunzel, 1545 Maple Place, which is the immediate adjacent property. Dunzel stated she has resided in Orono for four years and the property has continued to deteriorate over the years. Dunzel indicated she has written several letters to the City and County regarding this property. Dunzel questioned why the City is not deeming the home itself to be a hazardous property and address that at this time since this feels like a partial solution. Dunzel noted there are 27 children in the immediate vicinity aged 0 to 10 and that it is a very dangerous situation. Dunzel stated she would like something to be done as soon as possible. Dunzel noted the taxes on the property are delinquent and that the house is mice infested. Dunzel asked whether the City Council can work with the County or other action beyond this to deal with the structure itself. Mattick stated the County is solely responsible for the tax forfeiture portion of it and they can decide to auction it off at any time. In terms of cleaning up the property beyond the exterior, that is something the City can look at, but as a governmental entity, the City cannot just enter that property even if it is presumed to be vacant. Mattick stated some other steps would need to be taken before the City would be able to do that and that there would need to be a report stating that the house is structurally unsound and not that it just looks bad. Levang stated phase one is to clean up the exterior. Levang asked how the City can condemn the building and remove it, which is what the City has done on other properties. Mattick stated the last house the City condemned had sustained some serious fire damage and it was clear that it needed to be torn down. Mattick stated code violations by themselves are not enough to tear down the building, but that in his opinion there is enough there for the City to obtain an administrative search warrant, which would allow them to enter the building to determine whether it is structurally sound. If it is determined to be structurally insufficient, the City can seek an order to tear it down. Mattick indicated he has not taken that step yet, but that in his view an administrative search warrant would be relatively easy to get. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 9, 2016 7:00 o’clock p.m. _____________________________________________________________________________________ Page 28 of 28    21. HAZARDOUS PROPERTY, 3907 CHERRY AVENUE (continued) Loftus asked whether Ms. Dunzel believes there is standing water inside the home for any reason. Dunzel stated she has not been inside the home but through the windows you can see that there are items stacked to the ceiling. Dunzel stated there is also a hose coming out of the house into the front yard. Walsh stated inspecting the house would seem a natural step and that the City might as well get a structural engineer in there at the same time. Mattick stated the City could hold off with the resolution and do it all at once. Mattick stated if the Council is interested, he could take steps to obtain an administrative warrant by the end of the week. Levang and Walsh stated that would be their preference. Loftus noted when there is standing water, an engineer is not required to inspect it. Levang stated she would like to see this completely taken care of at one time rather than doing it in steps. Levang stated given the number of children and new homes in the area, in her view it is a definite hazard. Mattick stated this process will take some time and that they are probably looking at three to four months to get permission to do it from the court, publishing it, and then lining up the contractors. It was the consensus of the City Council to proceed forward with the administrative search warrant. CLOSED MEETING 22. PERFORMANCE EVALUATION FOR CITY ADMINISTRATOR Printup moved, Levang seconded, to enter into closed session to discuss the performance evaluation for the City Administrator. VOTE: Ayes 5, Nays 0. (The City Council went into closed session from 10:27 p.m. to 10:54 p.m.) ADJOURNMENT ATTEST: _____________________________________ ______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor