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HomeMy WebLinkAbout10-11-2010 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above - mentioned date with the following members present: Mayor James White, Council Members James Murphy, Cynthia Bremer, and Doug Franchot. Representing Staff were City Administrator Jessica Loftus, City Attorney Andrea Poehler, Finance Director Ron Olson, City Clerk Lin Vee, Assistant City Administrator of Long -Term Strategic Planning Mike Gaffron, Planning Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor James White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 8, 9, 10, 13, 14, 15, and 18 were added to the Consent Agenda. Murphy moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES • *2. REGULAR CITY COUNCIL MEETING OF SEPTEMBER 27, 2010 Murphy moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of September 27 2010, as submitted. VOTE: Ayes 4, Nays 0. *3. COUNCIL WORK SESSION OF SEPTEMBER 28, 2010 Murphy moved, Bremer seconded, to approve the minutes of the Orono City Council work session of September 28, 2010. VOTE: Ayes 4, Nays 0. PUBLIC HEARINGS 4. NORTH FARM ROAD SANITARY SEWER PROJECT Kellogg stated tonight's hearing is a public hearing for a project to install a pressure sewer system to serve the North Farm Road neighborhood. The proposed assessment is $7,500.00 per unit for each of the nine properties in the project. The assessment is for a 15 -year time period at an interest rate of 6.25 percent. Seven of the nine property owners are in agreement with the project. Several properties in the neighborhood have conforming septic systems. City policy allows property owners with a conforming septic system to request exclusion from the project assessment, and the City will then finance this portion of the construction cost until the property does connect to the sewer system. The property owner may continue to use the conforming septic system until either the system fails or a isnew or expanded house is constructed, at which time connection to the sewer system is required. At the time a property that requested exclusion from the assessment wants to connect to the sewer system, payment of the full current sewer connection fee is then required before a sewer connection permit is Page 1 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. • (4. NORTHFARMROAD SANITARYSEWER PROJECT, Continued) issued. The sewer connection fee is based on the project assessment and is increased by a cost of living adjustment every year. At the present time the property owner at 1650 North Farm Road is considering exclusion from the project assessment. Two assessment rolls have been prepared showing this property included and excluded from the assessment. Mayor White opened the public hearing at 7:06 p.m. There were no public comments regarding this item. Mayor White closed the public hearing at 7:07 p.m. White noted this is the third neighborhood in Orono this year that will be able to obtain city sewer since Orono has adopted its new Comprehensive Plan. Murphy indicated the annual interest rate at 6.25 percent seemed slightly high to him and that he had a discussion today with the City Administrator concerning that. Olson indicated he did research interest rates charged by other cities and that typically cities tend to set • their interest rates two percent over whatever the expected cost of bonds would be. Bonds for a 15 -year bond would be in the area of 3.75 percent, and that approximately two percent above that would be the 5.25 percent. Loftus stated Staff would be comfortable recommending the interest rate be lowered to 5.25 percent. Loftus noted it is a $7,500 assessment per unit over 15 years. Bremer moved, Franchot seconded, to continue the North Farm Road Sanitary Sewer Project to the assessment hearing. VOTE: Ayes 4, Nays 0. b. Assessment Hearing White opened the assessment hearing at 7:12 pm. There were no public comments regarding this item. Chair White closed the public hearing at 7:12 p.m. Kellogg noted he did have some discussions with the one property owner that did not sign the petition and that that property owner is not present tonight. Kellogg recommended the resolution including all nine properties be adopted. Bremer moved, Murphy seconded, to adopt RESOLUTION NO. 5972, a Resolution Adopting the North Farm Road Sanitary Sewer Improvements Assessment Roll, including all nine properties, • with the interest rate being lowered from 6.25 percent to 5.25 percent. VOTE: Ayes 4, Nays 0. Page 2 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. (4. NORTHFARMROAD SANITARYSEWER PROJECT, Continued) Murphy moved, Franchot seconded, to adopt RESOLUTION NO. 5973, a Resolution Accepting the Bid and Awarding the Contract to E. J. Mayers, Inc., for the North Farm Road Sanitary Sewer Project. VOTE: Ayes 4, Nays 0. LMCD REPORT — ANDREW MCDERMOTT, REPRESENTATIVE McDermott reported the LMCD has been dealing lately with issues relating to the Wayzata Bay Yacht Club, which will likely continue to be reviewed over the winter. The LMCD is also looking at reducing its costs and whether there should be a cost of living increase. Murphy noted the Minnehaha steamboat has been pulled out of the water and the boat is now in storage. Murphy reported they did not find any zebra mussels on the outside of the boat and that they will be conducting an internal inspection of the boat to ensure that no zebra mussels have gotten into the engine. McDermott noted that the DNR is asking boat owners to report any findings of zebra mussels to them. PLANNING COMMISSION COMMENTS — DENISE LESKINEN, REPRESENTATIVE Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Tom Barrett, 941 North Arm Drive, noted he appeared before the City Council back in May to discuss their joint dock license and that he has not received much information since then. It was his understanding there were supposed to be a couple of workshops and a determination to find out who is responsible to clean up the area. Barrett indicated he did hear from City Engineer Kellogg that it was going to be discussed during Orono's budget season but that he was led to believe it would also be discussed at two workshops over the summer. The two items they are interested in relate to the length of the time the surveys would be good for concerning the joint docks and how the property would be inspected. Barrett indicated he was wondering what has occurred since May 10`l'. White noted the City did adopt a preliminary budget last month and one of the items remaining for discussion is the multiple dock situation and the sediment in the pipe. White noted the City is experiencing considerable pressure to keep the budget at current levels. Barrett noted the minutes reflect that a decision was going to be made regarding whose responsibility it was to clean up the sediment regardless of the budget. • White indicated the City Council has not received a report on this issue. Page 3 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) Kellogg indicated his office has been in the process of updating the City's surface water management plan, which is going before the Minnehaha Watershed District this Thursday night for preliminary approval. Then a memorandum of understanding will need to be executed before it can be finally approved. Kellogg indicated his office has put together a 10 -year CIP, which is basically the CIP from the last surface water management plan. None of those projects have been accomplished to date and there needs to be a prioritization of those items. They have identified 10 larger projects that the City should consider undertaking but he is not sure whether the delta cleaning is part of this 10 -year CIP. Kellogg noted there are budgetary constraints and that the storm water improvement projects have to be prioritized. Kellogg indicated he wanted to get past the approval process on the surface water management plan before moving forward. They have also prepared separately a 7 -year CIP that includes all improvements throughout the City and the delta project is identified in that plan. Due to the limited funding available, projects scheduled for the next 10 years will need to be paid in part with grants and other financial assistance. Olson noted the fund balance before the Casco Point project was around $700,000, but that approximately half of that was expended on Casco Point. The City currently receives around $125,000 a year in that fund from user fees. • Kellogg stated they have not lost sight of the project and are working on priorities at the present time. Barrett stated with every year this project is delayed, more sediment collects, which fills in a couple of dock spaces. Barrett asked who will be accepting the responsibility to clean up the delta. White asked Mr. Barrett if he is requesting the City accept that responsibility rather than the association. Barrett noted the pipe is located on an adjoining property and is not on their property. At the May Council meeting it was decided there would be a work session to determine whose responsibility it was. White stated his recollection of the meeting was that Staff would look into the situation and gather additional information on it. Barrett noted he sent an e-mail to the mayor and the rest of the City Council on this matter and that he did not receive a response back from the mayor. Barrett indicated he received a response from McMillan and Murphy. White indicated he did not receive that e-mail. Barrett noted the minutes from that meeting reflect that Murphy moved, Bremer seconded, to approve the application for a dock use licensed for the Forest Arms Country Club Homeowners Association for 2010 based on the current survey, with the requirement that a new survey be updated and obtained prior to the submittal of the 2011 application, and with the additional requirement the City Engineer review the runoff situation, determine what the City's responsibility is as it relates to the delta, and to direct Staff to develop a policy regarding how often the surveys should be updated. VOTE: Ayes 4, Nays 1, McMillan opposed. Barrett commented that the motion is pretty clear. Page 4 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 ® 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) . Bremer stated that is her recollection of the meeting and that she also had the understanding that something else would happen with this situation. The survey question was discussed and the Council decided that the homeowner's association could use that survey for their application this year, but there was also a question on whether the survey could be used next time, which is something that Staff will need to look at. Bremer noted the City Council has not received that information yet. Loftus indicated she will check with the City Engineer on the delta situation and that she will work with Curtis on the policy issue. Murphy stated they will be looking at this for next year and that they will need to verify everything. Barrett indicated they would like to work with the City on this. Clint Bucher, VFW, Post 7, stated they are requesting consideration of their request that somewhere in the City Chambers hallway they would be allowed to post their colors and banner. He has spoken with City Staff on this issue and they are in the process of collecting information from other cities on how they have handled similar requests. • Bucher noted the VFW is a nonprofit organization and that Post 7 has been in existence for 108 years. It provides public service to the community and works with the local high school on a scholarship award, sponsors various fundraising activities for people who are stationed overseas and veterans' families in the area as well as other community projects. Post 7 does not have their own building and they would like their colors displayed at the City Council Offices since this is where they meet. White commented the VFW is always welcome and that Staff will look into this and get back to Mr. Bucher. PLANNING DEPARTMENT REPORT 5. . #10 -3467 STEVEN SCHUSSLER AND SUNHI RYAN, 1935 CONCORDIA STREET — VARIANCES Curtis stated the owners purchased the property in December 2009. An old garage was removed in or about 1992, but a new garage was not constructed. They are requesting a hardcover variance in order to construct a new, attached garage and a front porch. Within the 75 -250 foot zone, 710 square feet of hardcover would be added for the garage, 185 square feet for the porch, and only 11 square feet to make the driveway. The existing gravel and cement parking area of 699 square feet would be removed. The applicant is requesting a variance for a hardcover increase of 421 square feet. • The Planning Commission voted 2 to 3 on a motion to recommend approval of the hardcover variance in order to allow construction of the proposed garage. The motion also included a recommendation to the City Council to explore a code amendment allowing construction of a garage on properties with principal structures that do not have a garage. This motion failed. Page 5 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. • (5. #10 -3467 STEVENSCHUSSLER AND SUNHI RYAN, 1935 CONCORDIA STREET, Continued) Staff finds that the applicant has a reasonable use of the property and the hardcover proposed is not supported by a hardship. Further, the applicant has not demonstrated that enforcing the hardcover provisions of the Zoning Ordinance deprive the applicant of the reasonable use of their property. Staff recommends denial of the variance. Bremer asked if it had not been for the recent Supreme Court ruling, whether Staff would have recommended approval of this application. Curtis indicated Staff would have recommended some level of hardcover variance. Bremer stated the recent Supreme Court ruling has changed how cities can deal with variances. Bremer noted the case before the Supreme Court involved a person who already had a garage and were requesting permission to add a second story on to the garage. This property owner does not currently have a garage. Steven Schussler indicated the previous garage was torn down by a previous owner due to its deteriorated condition. The previous property owner had received approval to construct the garage but it was never constructed due to financial reasons. Bremer asked whether it was a detached garage that was originally approved. • Schussler indicated it was. Schussler indicated the house is homesteaded. Sunhi Ryan is a co -owner of the property and is currently a real estate agent. Sunhi was attacked a couple of months ago in downtown Minneapolis. The Supreme Court ruling talked about hardship cases. Schussler stated in his opinion this is a hardship case given the additional security an attached garage will provide. They are willing to drop their other plans for improving the property until the Supreme Court ruling is changed. Schussler stated having a home in Minnesota without a garage that was approved years prior would also be a hardship. They would like to live in the great City of Orono but that it is literally impossible to be able to use your property without a garage. The garage would also provide storage space. They are requesting a two -car garage and are willing to forego a patio and a porch in order to obtain the safety that they are seeking. The Planning Commission voted 2 -3 on this application but that in his view there is a fear that the Supreme Court ruling would come down upon the City Council if their application was approved. Schussler indicated he has lived in Minnesota for over 27 years and has seen Planning Commissions overruled many, many times. Schussler requested the City Council look at their individual situation. Schussler stated the book, The Speed of Trust, contains a statement by Henry Ford which states the following: "If there is any great secret of success in life, it lives in the ability to put yourself in the other person's place and to see things from his point of view as well as your own." Schussler stated he would ask the City Council to put themselves in their position. All they are requesting is a safe place to park their vehicles and access their house. If they reduce the size of the garage, it would result in a one -car • garage and they would also need to downsize the size of their car. Schussler stated in his view the reasonableness of the request should also play a part in the Council's decision. Page 6 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. (5. #10 -3467 STEVEN SCHUSSLER AND SUNHI RYAN, 1935 CONCORDIA STREET, Continued) White commented the recent Supreme Court ruling does play an important role in the granting of variances and that the City Council is not allowed to pass a variance that is contrary to state law. The City Council does have a little more leeway than the Planning Commission. White noted the variance is granted to the land and not the individual. City Attorney Poehler indicated the variance is granted to a specific property and not an individual. Bremer stated the question becomes whether every resident in Orono should be allowed to have a garage and that unfortunately the City Council does not know the configuration of every lot. Bremer indicated she previously owned a home that had a detached, single garage. Bremer indicated that while it was not a safety concern for her to have an attached garage, she had a small child and it was difficult going back and forth to the garage with him. Bremer indicated she realized the chances of getting a larger attached garage were slim and that she learned to live with the house she purchased. Bremer stated it appears this conversation is headed in the direction that major modifications will need to be made to the house if the applicant desires a garage. Bremer noted the Planning Commission looked at this very thoroughly and that the question becomes what other options the applicant has, which was also examined by the Planning Commission. Bremer asked what the City had previously approved for a replacement garage. Curtis indicated Staff did a quick analysis of what could be done on the site. Curtis stated she did speak with the applicant's contractor and a new home could be constructed on the lot that would be smaller than what currently exists but they would then be able to rebuild and include a garage. The applicants could also remodel and do a tuck -under garage. A detached garage would be limited in size due to the setbacks. Schussler stated after reviewing the Supreme Court decision, in his view hardship is an incredible thing. The dictionary definition does not justify some of the terms that are being used today. The Planning Commission's vote was 2 -3, which implies that some on the Planning Commission feel there is a hardship even with the Supreme Court ruling. Schussler indicated they are not looking to construct an office or a workout studio and that they are willing to work within the rules and regulations. The rules call for an extension of what is presently allowed and that the hardship rules apply here. The Supreme Court allows for hardships and that he would encourage the City Council to think why the Planning Commission vote was 2 -3. Murphy stated one of the things that the Supreme Court ruling did was to bring to a halt the granting of variances for structures that probably should not be built, particularly around lakeshores. Murphy commented he cannot imagine a house in Orono without a garage and that perhaps the City Council should review what the penalty would be to the City if a variance is granted in this case. Poehler indicated the Minnesota Legislature is going to have to look at the Supreme Court ruling and determine whether they want to make any changes to the language. The risk to approving a variance is that somebody will challenge the City Council's granting of that variance and the City's decision could be • overruled by the courts. Schussler stated in the case before the Supreme Court the property owners did not need the structure and they did not prove a hardship. Schussler indicated they will need to move if they cannot build a garage, Page 7 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. (5. #10 -3467 STEVEN SCHUSSLER AND SUNHI RYAN, 1935 CONCORDIA STREET, Continued) which is also an extreme hardship. The property was purchased with the understanding that the garage had been approved years earlier but was not constructed due to a lack of funds by the previous owner. They have made some other improvements to the house and would like a simple garage. Murphy stated another thing with the language that is troublesome is the phrase reasonable use, and that he would like the City Attorney to address that. Murphy asked whether this application should be tabled to allow the City Council to better understand what the implications would be if they granted the variance. Bremer stated unless the City has some kind of public.policy that states every property owner in the City of Orono should be permitted a garage, the City's current zoning codes do not allow this variance to be approved unless the City Council is so confident that they can say the property owners cannot utilize the property without a garage. Bremer noted people have been living in this house without a garage previously, which implies that there is reasonable use of the property. Bremer stated city law would need to be changed in order to allow them to grant the variance. The City does have the ability to enact their own zoning codes, but without a specific law stating that every property owner should have a garage, the City Council has to look at the hardship standard before granting a variance. Schussler asked what the hardship standard is. • Bremer indicated the property cannot be put to a reasonable use without the variance. • Schussler asked if reasonable use means not having a garage. Bremer stated it comes down to an interpretation of the law. The City Council has reviewed a number of variance applications since the Supreme Court ruling and that this application is probably one of the best examples of how frustrating the ruling is. Cities previously granted variances based on whether the request was reasonable. Bremer stated she is hopeful the state legislature will amend the language and allow the cities more flexibility. White noted the City Council is constrained on this matter and that every city is in the same situation. White stated it unfortunately takes a while for the legislative wheels to turn but that it would be dangerous for the City to pass a law that allows all residences to have a garage. White commented he is not sure there is a way to pass a city law that is in opposition to a state law. White asked if the applicants would like their application tabled. Schussler indicated that would be fine. Bremer moved, Murphy seconded, to table Application #10 -3467, Steven Schussler and Sunhi Ryan, 1935 Concordia Street. VOTE: Ayes 4, Nays 0. Curtis noted the applicant will have to sign an extension of the time period. Schussler indicated he would be agreeable to that. • Page 8 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 . 7:00 o'clock p.m. 6. #10 -3471 TERRY SCHNEIDER WITH KLINGELHUTZ DEVELOPMENT ON BEHALF OF WOODHILL SENIOR COTTAGES OF NAVARRE, 2525 SHADYWOOD ROAD — CONDITIONAL USE PERMIT /SITE PLAN WITH PLAT AND EASEMENT VACATION Curtis stated the applicant is requesting a conditional use permit and site plan approval for a 24- resident memory care facility. The applicant also requests approval of a plat to consolidate the three existing lots that comprise the site into one lot and the vacation of the drainage and utility easements associated with the old plat. At the August 9`" meeting, the Council reviewed the revised request and heard comments from the neighbors. The applicant was directed to revise the civil plans in accordance with the Planning Commission and City Engineer's direction. Additionally, the applicant was encouraged to work with adjacent property owners in revising the landscape plan to achieve a level of screening satisfactory to all parties. The applicant met with the neighbors on September 2nd and a revised landscape plan has been drafted. The Planning Commission voted 5 to 0 to recommend approval of the conditional use permit and site plan for the first building of a possible two building assisted living facility subject to the following conditions: 1. Any additional lighting on the site to be dark sky compliant and not create glare, with the zero light level at the property line being maintained; • 2. The owner providing an escrow and signing an escrow agreement to ensure that erosion and sediment control measures are properly maintained; The owner providing the financial securities required by code to ensure that all non - building improvements are properly installed, including sewer and water lines and service. The Planning Commission also recommended approval of the preliminary plat and vacation of the easements in the existing plat, with the condition that all required drainage and utility and drainage easements will be provided for on the new plat. The City Engineer is continuing to work with the applicant's engineer to resolve some storm water issues. Upon resolution of the engineering issues, Staff recommends approval of the conditional use permit, site plan, and plat. Terry Schneider stated the main changes to their plan were to eliminate phase two from the plans and to reduce the footprint of the rooms to avoid the need for a variance. They have had a number of back and forth discussions regarding the ponding. A biofiltration basin will be utilized on the property. Bonestroo has verbally agreed that a biofiltration basin is acceptable and that they are willing to comply with the recommendations of the City Engineer. Schneider noted another key issue with the application has been the landscaping. They have met with the neighbors on this issue and discussed a number of different options. The basic changes to the landscape plan are to include a solid row of arborvitae along the southern edge of the property and to also add some . supplemental trees in that area to offset that dense hedging. Schneider indicated he did speak with the neighbors and they are comfortable with the landscaping changes. Page 9 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. LJ (6. • #10 -3471 TERRYSCHNEIDER WITHALINGELHUTZDEVELOPMENT ONBEHALF OF WOODHILL SENIOR COTTAGES OF NAVARRE, 2525 SHADYWOOD ROAD, Continued) Schneider illustrated the existing layout of the property and pointed out the wetland and the area of dense woods on the property. They have focused on how they can provide some landscaping along Kelly to help screen the residential properties. Basically they are proposing three levels of buffering from the south. They are willing to maintain as many of the existing trees as possible unless they are an invasive species or less than desirable trees. Next to the wetland setback area they are proposing to put a row of dense plantings. The third level of buffering will be against the building and will include some large trees. Schneider commented you will be able to see some portions of the building but that there will be considerable buffering on the property. White asked about the lighting on the building. Schneider indicated the lighting would be down lighting and that they are agreeable to turning the lights off at 9:00 or 10:00 at night. There will probably be a security light located on the backside of the garage that will be left on during the night. Murphy asked for a quick overview of the project. Schneider stated this project is basically a duplex and will feel like a community. The building will offer congregate dining and consist of 10 units on each side. They do have the ability to have two to a unit for • a maximum total of 24 but they anticipate the majority of the units will have one occupant. The number of staff during the daytime will consist of approximately six employees and three at night. White asked whether this building will actually be constructed once it is approved. Schneider indicated there is no public funding of the infrastructure and the financing is subject to approval by the City Council. A private management company out of Buffalo will manage the facility Schneider indicated the economics work well with the 20 -unit modules and they are self - supporting. Additional units will only add to the economics of the structure. Murphy stated he would like the applicant to address the idea of a second building and what the applicant is agreeable to doing. Murphy asked what the risk to the community is once this first building is constructed for a second building. Schneider stated the property behind this site is zoned 1 C and is basically residential. If the site was not replatted, they would in essence have a buildable lot zoned for a duplex and they could in a few months come back in and construct another building. The owners do not feel that is the right choice and would like to combine the two lots, which will require them to come back before the City Council for approval of the second building on the back portion of the site. Schneider indicated this would allow the City Council more discretion on the construction of the second structure. Mayor White opened the public hearing at 8:13 p.m. There were no public comments regarding this application. • Mayor White closed the public hearing at 8.13 p.m. Page 10 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. (6. #10 -3471 TERRY SCHNEIDER WITH KLINGELHUTZ DEVELOPMENT ON BEHALF OF WOODHILL SENIOR COTTAGES OFNAVARRE, 2525 SHADYWOOD ROAD, Continued) White commented it is difficult for the residents whenever there is a change in the neighborhood but that those concerns have to be balanced with the rights of the property owner. White stated in his opinion this proposal is a big improvement over the previous plan. Curtis stated she would like to see the engineering issues resolved prior to the resolution being brought before the City Council. Murphy moved, Franchot seconded, to direct staff to draft a resolution approving the conditional use permit, site plan, and plat, subject to the engineering issues being resolved prior to the resolution being brought back before the City Council. VOTE: Ayes 4, Nays 0. 7. #10 -3483 CITY OF ORONO - ZONING AMENDMENT — COLUMBARIUMS Bremer noted she is a member of Good Shepherd Church and that she will not be voting on this application since this ordinance indirectly affects the plans being considered by Good Shepherd. Bremer noted the City Council has received an e -mail from Good Shepherd on how this ordinance will impact their application. The proposed ordinance requires a 10 -foot setback from all residential property required for a columbarium and that the property adjoining Good Shepherd is a city park. Given the • configuration of the Good Shepherd site, they believe the best location for their inurnment garden is closer than 10 feet from the adjoining city property line. The Planning Commission understood that issue and proposed a 5 -foot setback from city -owned property, but the City Attorney drafted language requiring a 10 -foot setback since, in his opinion, it would be difficult to differentiate between city residential property and private residential property. Bremer noted the Good Shepherd application will require a variance based on the language contained in the proposed ordinance. Murphy stated he attended the first Planning Commission meeting on this application and that his understanding was that the City was going to require a conditional use permit to address the setback. The ordinance is now going with a 10 -foot setback. Curtis stated that was based on the advice of the City Attorney. Murphy stated he personally would prefer being able to analyze the applications on a site -by -site basis. Curtis noted the City Council does have the option to amend the language and perhaps include language exempting the 10 -foot setback from a city park or other similar language, which would be a way to address that concern. David Owen, 3486 Ivy Place, Good Shepherd, invited the City Council to visit the site. The 5 -foot setback they are looking at is a result of the narrowness of the site. Their design has been in place for a couple of years. Good Shepherd is looking for a 5 -foot setback based on the fact that this site is a very wooded site and this area near the property line is flatter and they would like to take advantage of that. They would like to locate the inurnment garden five feet from the city property line to avoid having to • deal with some steep slopes. Owen displayed some pictures of the site. Owen pointed out the inurnment garden would be located approximately 90 feet from the nearest property line and 150 feet from the nearest residence. The photos Page 11 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. (7. #10 -3483 CITY OFORONOZONING AMENDMENT— COLUMBARIUMS, Continued) also show the topography of the site and the impact on the trees the project would have if it would have to be relocated. The inurnment garden is located at least five feet from any property zoned residential and would not be visible from the adjoining residence. Owen commented in his view some other verbiage would work and that perhaps the word zoned could be eliminated from the section regarding setbacks to read that this columbarium is located at least five feet from any adjacent property with a nonresidential use or that the columbarium is located at least five feet from any adjacent properties zoned residential having a nonresidential use or zoned nonresidential. Owen stated he does understand that variances are difficult to approve and that they would appreciate the City Council support. White noted they will need to table this application until Council Member McMillan is present given the fact that the ordinance change requires a super majority and Council Member Bremer will be abstaining. Greg Keller, 528 Aspen Circle, Delano, Good Shepherd, indicated he has attended all of the Planning Commission and City Council meetings regarding this issue. Keller pointed out the Planning Commission attempted to make a distinction between above - ground structures and ground level memorial gardens, which in his opinion is a bonafide distinction that should be made. Ground level memorial gardens will have very little impact on adjoining properties. The ordinance lumps above - ground • columbaria and ground level gardens together. The word columbaria is derived from a Latin term for an above - ground structure with small compartments for housing doves, which is different than an in- ground structure. Keller stated the Supreme Court decision limits the City Council's ability to grant variances and that he would recommend the City Council build in some flexibility on the front end. As an example, good drafting technique would dictate that the language not say "the setback shall be," but rather not less than five feet or not less than ten feet. When this ordinance is reconsidered, Keller stated he would also suggest that all the setbacks for ground level memorial gardens be not less than five feet whether they are adjacent to a residential or commercial property regardless of the zoning. Keller pointed out that Good Shepherd is not guaranteed they will be given a 5 -foot setback and that the City Council could require a different setback. Keller commented there is nothing bad about a 5 -foot setback and that the City's current zoning allows for signs to be set back five feet from property lines, entrance monuments to be set back five feet from property lines; and that boats and unoccupied trailers, terraces, steps, uncovered porches, stoops or similar structures are allowed to be set back two feet from any property line. Keller encouraged the City Council to look at the broader picture and visit some of the other sites in the area. St. Martin's and Bethel Methodist memorial gardens have busy county roads. Good Shepherd could duplicate that atmosphere if they were trying to squeeze the garden in at the front of the building, which in their opinion would be a horrible location. Good Shepherd has a quiet, secluded area next to city land that will probably remain a city park longer than the Good Shepherd property will be a church. Keller noted the City's comprehensive plan proposes that the adjoining land remain a city park. The • proposed ordinance also does not address setbacks from roadways. Page 12 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. (7. #10 -3483 CITY OF ORONO ZONING AMENDMENT— COLUMBARIUMS, Continued) Keller pointed out in the Staff memo it states the City Attorney suggested that the term "use of the property" is less clear than the term "zoning of the property," which in his opinion the opposite is true. Orono's Code has several zoning districts which are broken down into different districts. The residential zoning district has 13 different residential districts and each one of those has permitted uses. In this particular zone, you have family detached dwellings, publicly owned parks and playgrounds, and municipal buildings. The Code starts out with a very broad term of zoning and then goes to residential, and within those 13 areas, you have permitted uses. Keller stated if permitted use is a legally accepted term within the City's existing zoning code, he is not sure why that would not be acceptable in this ordinance. Keller suggested language requiring a setback not less than five feet be considered regardless of the adjacent zoning. White commented the City Council feels that columbarium would be a good use for the City. Murphy recommended the Council consider some less specific language as it relates to the setbacks. Murphy moved, Franchot seconded, to table Application #10 -3483, City of Orono, Zoning Amendment — Colubariums. VOTE: Ayes 3, Nays 0, Bremer Abstained. *8. #10 -3485 PAUL LARSON ON BEHALF OF FREDERICK JOHNSON, 3268 NORTH • SHORE DRIVE, VARIANCES — RESOLUTION NO. 5974 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5974, a Resolution Granting a Variance to Municipal Zoning Code Section 78 -370, for the property located at 3268 North Shore Drive. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT White noted that saying the Pledge of Allegiance at the beginning of the meeting was Council Member Murphy's idea nine years ago. CITY ENGINEER'S REPORT *9. REQUEST FOR PAYMENT NO. 11— CASCO POINT ROAD RECONSTRUCTION PROJECT Murphy moved, Bremer seconded, to approve Request for payment No. 11 for the Casco Point Reconstruction Project, Geislinger and Sons, Inc., in the amount of $99,359.61. VOTE: Ayes 4, Nays 0. *10. REQUEST FOR PAYMENT NO.4 AND FINAL — MYRTLEWOOD UTILITY IMPROVEMENTS • Murphy moved, Bremer seconded, to approve Request for Payment No. 4 and Final for the Myrtlewood Utility Improvements Project, GM Contracting, Inc., in the amount of $14,225.72. VOTE: Ayes 4, Nays 0. Page 13 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. • 11. CRYSTAL BAY ROAD CUL -DE -SAC PETITION Kellogg stated on July 2010, the City of Orono hosted a neighborhood meeting to address the traffic concerns received from residents along Crystal Bay Road. Residents have now submitted a petition for installation of a cul -de -sac or barrier at one end of the roadway or the other. The petition lists a number of reasons for their request. Bonestroo was asked to provide a cost estimate to study the request. The feasibility study would be prepared on an hourly basis with a cost not to exceed $6,000. In an open, level field it would cost approximately $60,000 to construct a cul -de -sac to meet city design standards. This cost assumes no land acquisition, storm water improvements, grading, tree removal, etc. The difficult parts of estimating a total project cost are the land acquisition associated with the construction as well as the storm water treatment costs for the installation of the additional hardcover. It does not appear there is enough existing right -of -way on either end of the roadway to construct a cul- de -sac and/or barrier. Therefore, land acquisition will be required. Given property values in this area, the construction costs to construct a cul -de -sac are likely to account for only a small part of the total project cost. Approximately 20 percent of residents did not sign the petition. There are also three additional properties that have Shadywood Road addresses but their driveways are off of Crystal Bay Road. The City Council should consider the reaction from Minnetonka Beach residents; emergency vehicle • access; bus, delivery and garbage truck access; and funding constraints of the 2010 and 2011 budgets. A feasibility study to further refine the costs and project feasibility could be prepared. The study would be prepared on an hourly basis with a cost not to exceed $6,000. The study would be limited to the cul- de -sac or barrier feasibility and would not include other possible solutions to the claimed traffic speed and volume issues. White asked if the residents are asking the City to close off one end of the road. Kellogg stated the petition asks for installation of a cul -de -sac or a barrier on Crystal Bay Road. Murphy asked if the residents are proposing a cul -de -sac at the border between Minnetonka Beach and Orono. Kellogg stated the cul -de -sac could be located at either end of the roadway and that those options would need to be looked at in the feasibility study. Depending on the location of the cul -de -sac or barrier, the property owners may need to gain access through Minnetonka Beach. Kellogg noted there are three properties that have driveways accessing Crystal Bay Road but do not have a Crystal Bay Road address. Those properties are not represented in the petition, so the City would need to make sure that they are included in the discussion. Murphy stated the main issue is the situation the City would be putting itself in by closing off a city street that is a through street to another city. White asked if it is likely the City would be able to come up with the money to construct a cul -de -sac at • either end. Page 14 of 20 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. (11. CRYSTAL BAYROAD CUL-DE-SAC PETITION, Continued) Kellogg stated the construction costs are going to be the minor portion of the total costs as compared to the land acquisition costs. White stated there are some property owners in this area who claim they have dock rights on Crystal Bay and would also want some input into this if the road is closed. White commented he is not sure whether they have those docks rights but their deeds are ambiguous. On the other end of Crystal Bay Road is the City of Minnetonka Beach and emergency service vehicles sometimes need to go through there. White stated the City will have to see if they will even be allowed to do this and that it does not make sense from a public safety standpoint and a cost standpoint to close one end of the road. White questioned what the residents would be willing to spend on this. White stated one option could be speed bumps. Gabriel Jabbour, Orono, commented the City Council is currently being attacked by people who feel the City is wasting money. The residents are asking the City to do something that should never be considered based on the costs and that the City has a file a foot high on projects that should be done. Jabbour commented the residents are not recognizing the impact on their safety if one end of the road is closed and that it would also make it impossible for cars to turn around. Jabbour stated the City will need to talk to the Mound Fire Department, the Long Lake Fire Department, and the Orono Police Department. • Jabbour stated the most important issue regarding this petition relates to planning and zoning and that he would ask the City Council to divert from that zoning. The City's current code states that two or more homes must be served with a city standard street plus a 75 -foot cul -de -sac, which is in conflict with another part of the code that requires three or more homes to be constructed on a cul -de -sac. Jabbour stated the problem is that no one ever considered the zoning code before making this request. Jabbour questioned whether the City will be able to grant a variance. Jabbour commented that the residents deserve to know what they are going to get up front and that it could become a public safety issue if emergency vehicles are not able to access Minnetonka Beach at times when County Road 15 is congested. Jabbour asked how the City Attorney feels about constructing a cul -de -sac on a substandard road and closing one end and whether a variance would be necessary. Poehler indicated a variance would be necessary but that she is not able to state what the hardship would be at this time. John Hofer, 3339 Crystal Bay Road, commented that former mayor Gabriel Jabbour brings up some good points. The City of Orono has a number of roads that do not currently have a 75 -foot cul -de -sac, such as Baldur Park Road, Birch Lane, Pheasant Road, Mapleridge Lane, and West Lafayette Road. In Minnetonka Beach, they have Brooks Lane and Arcola Lane. Long Lake has Apple Glen Road. In that situation they constructed a turnaround area, which is another option here. Ann O'Reilly, 3349 Crystal Bay Road, stated the number one job of the City Council is to look out for the public safety and welfare of the residents. The residents are passionate about this and have put a • considerable amount of time into researching this. The residents held a neighborhood meeting and discussed a number of options. Eighty percent or more of the residents on the street are in favor of this petition. O'Reilly noted the three properties whose driveways access Crystal Bay Road were not included on the petition since the petition requires that the properties have a Crystal Bay Road address. Page 15 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. (11. CRYSTAL BAYROAD CUL-DE-SAC PETITION, Continued) O'Reilly stated the residents have chosen specifically the option of doing a break -away barrier or an enclosure at either end. It appears the first step the City Council is looking at is doing a feasibility study, which would look at all the options. The residents are asking the City Council to consider this petition in order to address the safety concerns of the residents that have developed given the amount of traffic on the road, the speeds the vehicles travel, and the number of children in the neighborhood. The residents would like the City Council to approve the feasibility study to allow the City Engineer's office to evaluate every aspect of the project. O'Reilly pointed out there is no assurance that land acquisition will be necessary. Bill Wolfe, 3255 Crystal Bay Road, noted not all the residents have signed the petition and that this matter has been discussed with other previous councils on at least two occasions and denied. Approximately five or six years ago in Minnetonka Beach they went through a big effort to close the road on their end. Wolfe indicated he attended that meeting as well and Orono's Council sent a representative to the meeting. White noted the Orono Police Department thought it was a bad idea given the public safety issues it would create. Wolfe indicated he concurred with the police chief at the meeting and it was later decided not to close the road. Wolfe stated in his opinion this would be bad money spent. LeRoy Erger, 3265 Crystal Bay Road, indicated he has lived on this road for 40 years and has raised four children with none of them being hit. They have tried three or four times to close off one end of this road. Erger commented he is not sure how the City can spend $6000 on something that should be obvious will not be approved. The residents were aware of the road when they moved into the neighborhood. Four properties are for sale currently, including one not publicly listed for sale. Erger commented that dogs in the neighborhood are also a problem. Erger recommended the City consider speed bumps for this roadway and that the best speed bumps are out at Canterbury. Erger suggested the residents pay for a speed bump and that he also has a concern that emergency vehicles will not be able to promptly respond to calls if one end of the road is closed. Terry Hofer, 3339 Crystal Bay Road, stated the demographics have changed drastically in the neighborhood and that there are now approximately 10 children under the age of five. The road was never designed to carry 2000 cars per week and you would not design a house nowadays where that house was located 15 feet away from the street with no sidewalks. Hofer stated the more cars that travel the road, the greater the chances that cars will be traveling at a higher rate of speed. Hofer stated one more reason for the break -away barrier is that ambulances currently don't want to go down that curve and normally come from Shadywood or County Road 19. When the residents are speaking about safety, it is not so they can live in a gated community but so they can protect the children. This is a dangerous situation and Crystal Bay Road is not your typical neighborhood where you have a nice yard. Some of the driveways are very small and unable to fit a large vehicle. Hofer stated traffic has increased substantially during the time she has lived in the area. • Brad Bakke, 3235 Crystal Bay Road, stated he also has a concern regarding the safety of the children. When the road was originally constructed, it was intended for a different use. The use of the road has Page 16 of 20 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. (11. CRYSTAL BAYROAD CUL-DE-SAC PETITION, Continued) changed over the years. The roadway would be fine if the motorists are driving the speed limit of 15 miles an hour. A lot of people drive at a much higher rate of speed, especially down the hill. If cost is a concern, if safety for the community is a concern, an inexpensive solution would be to have a break -away barrier. An ambulance or police car could drive through them. The break -away would accomplish the objectives of the residents and the City. Bakke noted break -aways have been done in a number of other locations where cul -de -sacs have been constructed. The residents are not saying the City has to construct a cul -de -sac, but there are a number of ways to accomplish this and a compromise could be reached. Speed bumps or a one -way road would cut the problem in half. The feasibility study would allow the City to look at all the options. Teri Abers, 3349 Crystal Bay Road, indicated she moved in approximately one year ago and was not aware of the amount of traffic on that road. Abers stated if she is standing at the end of her driveway taking her garbage down to the road and a truck with a trailer swerves into the driveway, she would be hit. Abers stated in her view it is very important that the Council follow the City Staff's recommendation and do the feasibility study to look at ways to make the neighborhood safe. Mayor White closed the public hearing at 9:11 p.m. White stated he is not in favor of closing the street and that in his opinion Staff should obtain the comments from the public safety people and Minnetonka Beach. The study has to eliminate the idea of a cul -de -sac given the costs associated with constructing it and the necessary land acquisition. White stated in his opinion the City should not approve spending $6,000 to look at something that we already know we cannot afford. White noted the City has had to lay off two additional police officers currently and another city staff person last month due to a shortfall in the budget. White indicated he is in agreement that there are some public safety concerns here but that the City and residents need to look at other options. It is possible to make the road safer but the City cannot construct a cul -de -sac unless someone would like to purchase some property and donate it to the city. Murphy stated he has been driving that road for a number of years and that the residents have a number of valid concerns. The road is narrow and there are a number of children and animals. The idea of closing a city road that provides access to another city is not feasible. Murphy asked what is different about this particular road from every other road that is in the city. O'Reilly stated this was originally a horse and buggy road and existed as a path. It does not even have dimensions on the plat as to where the boundaries are. Bakke indicated there is no right -of -way and there is just an easement. O'Reilly stated it existed for a whole different reason and should be servicing just the properties that basically are in that area. Most of the people in Minnetonka Beach do not care for the traffic either. • O'Reilly stated in her view this is a unique situation given the nearness of the lake, which attracts additional traffic, and people who do not want to travel on 19 or 15. Page 17 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. (11. CRYSTAL BAYROAD CUL-DE-SAC PETITION, Continued) Murphy stated the City does care about safety on Crystal Bay Road but that he cannot support closing the road. Murphy recommended staff speak with the police chief. Franchot stated he is troubled with not obtaining a feasibility study because the City Council would be making a number of decisions without obtaining all the facts. One of the reasons this road is different is the location of the Lafayette Club, which is something that needs to be taken into consideration. Franchot indicated he has driven down the road a number of times and that it is unsafe. Franchot stated in his opinion the City needs to spend some serious time looking at that road as the City should do with any road that is unsafe. Franchot recommended the Council approve no more than $6,000 for the feasibility study and to keep the study as straight forward as possible. Franchot stated in his view the residents on the street and the surrounding neighborhood should be heard and that the disadvantages and advantages should be listed for each option. Bremer indicated she does not feel the votes are here to approve a cul -de -sac or a break -away barrier, but that there are other solutions that could be looked at. The study is not really an engineering study and that the City needs to get the input from Minnetonka Beach and the police department. The City needs to address the concerns of the current residents even though this has been discussed previously. It is a difficult road to traverse and there are some concerns with small children. The City is not really able to make the road wider and that she would be supportive of directing Staff to gather additional information. White concurred that Staff should gather additional information. Murphy stated he would be happy to lead up the efforts with staff and the residents. Murphy indicated he would also be happy to speak with the mayor of Minnetonka Beach and that they can call it a task force rather than a study. Kellogg stated a break -away barrier could be constructed very inexpensively but that cars would still need to be able to turn around. Kellogg pointed out that Staff did not recommend the study be completed. This is not really an engineering issue but is more of a public safety issue. Kellogg indicated he is in agreement with Council Member Murphy's suggestion. It was the consensus of the City Council to form a task force to study this issue, with Jim Murphy heading the task force. CITY ADMINISTRATOR'S REPORT 12. ESTABLISH DATE AND TIME FOR CANVASSING BOARD MEETING Bremer moved, Murphy seconded, to schedule the 2010 Canvassing Board meeting for Monday, November 8, at 6:45 p.m. VOTE: Ayes 4, Nays 0. *13. DISPOSAL OF BICYCLES • Murphy moved, Bremer seconded, to approve the disposal of 11 bicycles by K -BID in Maple Plain. VOTE: Ayes 4, Nays 0. Page 18 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. *14. CONFIRM INTENT TO ISSUE BONDS AND CALL FOR A PUBLIC HEARING ( ORONO ORCHARD ROAD) — RESOLUTION NO. 5975 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5975, a Resolution Conforming Intent to Issue Bonds and Calling Public Hearing. VOTE: Ayes 4, Nays 0. *15. CALL FOR A PUBLIC HEARING REGARDING THE ISSUANCE OF CAPITAL IMPROVEMENT PLAN BONDS AND TO ADOPT THE CAPITAL IMPROVEMENT PLAN — RESOLUTION NO. 5976 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5976, a Resolution Calling Public Hearing on the Intention to Issue General Obligation Capital Improvement Plan Bonds and the Proposal to Adopt a Capital Improvement Plan for 2010 through 2015 under Minnesota Statutes, Section 475.521. VOTE: Ayes 4, Nays 0. 16. HIGHWAY 12 TURNBACK TO HENNEPIN COUNTY — RESOLUTION NO. 5977 Loftus noted she did speak with James Grube about the turnback process and that Old Highway 12 will be turned over to Hennepin County at the end of this year. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5977, a Resolution of Concurrence • CSAH 112 (Orono). Murphy requested the consultant's costs be monitored closely. VOTE: Ayes 4, Nays 0. 17. 2011 PROPOSED BUDGET CUTS Loftus stated City Staff has prepared the preliminary 2011 budget for the City of Orono. In August, the Long Lake City Council elected to end the Orono police service, which has resulted in the need to cut $320,000 from the 2011 budget. Police Chief Farniok stated they did look at a number of different options and that the proposed cuts are needed for the long -term. Murphy commended Police Chief Farniok and Staff for their work on the budget cuts. Franchot concurred with Council Member Murphy and thanked them for the quick action taken by Staff on this issue. White complimented police Chief Farniok on the professionalism he has displayed since he has taken over the police chief position. Murphy moved, Bremer seconded, to direct staff to proceed forward with the proposed budget cuts • as outlined in the City Administrator's memo. VOTE: Ayes 4, Nays 0. Page 19 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2010 7:00 o'clock p.m. • CITY ATTORNEY'S REPORT None *18. LICENSES & PERMITS ONE DAY GAMBLING — RESOLUTION NO. 5978 1. Orono Basketball Association (raffle) Orono Basketball Midday Madness Orono Middle School, 800 Old Crystal Bay North Saturday, October 30, 2010 11:00 am. — 1:00 p.m. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5978, a Resolution approving a lawful gambling application for exempt permit of the Orono Basketball Association for a one -day gambling activity. VOTE: Ayes 4, Nays 0. *19. BILLS Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. • 1 TIT 1_,_ Z Cur l ► F1 Murphy moved, Franchot seconded, to adjourn the Orono City Council meeting at 9:31 p.m. VOTE: Ayes 4, Nays 0. ATTEST: � alb Linda S. Vee, City Clerk Ja s M. White, Mayor • Page 20 of 20