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HomeMy WebLinkAbout08-22-2016 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: '_Mayor Lili Tod McMillan, Council Members Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, 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. 3, 4, 5, 6, 9, 10, and 14 were added to the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. ORONO CITY COUNCIL MINUTES OF AUGUST 8, 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of August 8, 2016, as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Thomas Sawyer, 3405 County Road 6, stated he would like to raise some initial concerns about the property at 3585 Sixth Avenue North owned by Dave Anderson and Rick Lind. Sawyer indicated the owners are planning to use the refurbished barn for storage and a music studio. He has concerns about the amplified music on the weekends and evenings. Sawyer indicated the two owners have been very up front about what they will be using the barn for and have been doing a wonderful job refurbishing it. Sawyer stated more of a concern was the absence of the City's awareness of the proposed use. Sawyer stated the City should talk about noise abatement moving forward since this is a residential neighborhood and that there will be large amplifiers on the property. Currently the amplifiers are being housed behind the barn. The two owners have a rock and roll band and they have been practicing out of their garage but now will be moving their venue to his neighborhood. Sawyer stated in talking with the City, he asked if they could address this up front in terms of making sure there is adequate noise abatement and he was told, no, they really can't. Sawyer stated he was told his only option is to call the police if it becomes a problem but that he would rather not go that route and that he would prefer the City work with the gentlemen. Sawyer indicated he is bringing it up as an issue for the City to consider and that he has not talked to the property owners for several months now. Page 1 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Sawyer stated he would like some noise abatement required. Community Development Director Barnhart noted the City Council adopted a resolution approving the refurbishing of the barn and that the City ordinances would still apply. Barnhart stated City Staff cannot be there to observe the noise levels and instead have to rely on the neighbors to report a noise issue. Barnhart indicated he can look into this a little more in regards to how the building is laid out but that the property owners are allowed to have music indoors. Barnhart noted the original approval was for a conditional use permit to add plumbing and that the music use was not part of the conditional use permit. McMillan suggested Mr. Sawyer contact Mr. Barnhart in a couple of weeks. PUBLIC WORKS/CITY ENGINEER REPORT *3. LIFT STATION #2 BACKUP GENERATOR Levang moved, Printup seconded, to approve the design and authorize solicitation of bids for Lift Station No. 2 Backup Generator. VOTE: Ayes 4, Nays 0. *4. SEWER EXTENSION REQUEST — 2801 FOX STREET Levang moved, Printup seconded, to approve the sewer extension and to waive the connection fee. VOTE: Ayes 4, Nays 0. *5. 2015 SANITARY SEWER REHABILITATION AND MANHOLE LINING — PAY REQUEST NO.3 — FINAL Levang moved, Printup seconded, to approve Pay Request No. 3 for the contractor Insituform in the amount of $11,958.37 for the 2014 sanitary sewer rehabilitation and manhole lining project. VOTE: Ayes 4, Nays 0. *6. 2015 SANITARY SEWER REHABILITATION AND MANHOLE LINING — PAY REQUEST NO. 1 Levang moved, Printup seconded, to approve Pay Request No. 1 for the contractor Insituform in the amount of $233,888.46 for the 2015 sanitary sewer rehabilitation and manhole lining project. VOTE: Ayes 4, Nays 0. 7. WAYZATA BOULEVARD/CSAR 112 PHASE 2 — NO PARKING RESOLUTION RESOLUTION NO. 6662 Edwards stated the resolution before the City Council tonight is to prohibit parking on Wayzata Boulevard within the City of Orono's jurisdiction from Old Long Lake Road to Wayzata Boulevard West. The City of Long Lake will also be asking to pass a no parking resolution for their section. Edwards highlighted the Highway 112 portion that will be under construction and the area where the parking will be prohibited. Page 2 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 7. WAYZATA BOULEVARD/CSAH 112 PHASE 2 — NO PARKING RESOLUTION — RESOLUTION NO. 6662 (continued) Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6662, a Resolution Prohibiting Parking on Wayzata Boulevard from Old Long Lake Road to Wayzata Boulevard West. VOTE: Ayes 4, Nays 0. 8. #16-3832, CITY OF ORONO, LURTON PARK VARIANCES ORDINANCE NO. 176 THIRD SERIES AND RESOLUTION 6663 Public Works/City Engineer Edwards stated there are two parts to this application. The first is the actual construction of the park improvements and then the variance request. Edwards indicated as it relates to the design and building portion, Staff did change the fence layout based on direction received at the last Council meeting and then sent that out to solicit bids. Only one bid was received. in addition, the Council directed some items be added back in that had been removed from the design. Quotes were also solicited for those items, with the largest dollar item being the well. The City received two responses back, with the low bid being $11,141 from TL Stevens Well Company. The Council further requested that Staff and the Park Commission review the park rules for the park. That process was undertaken by a Parks Commission subcommittee as well as Staff and was then reviewed by the Park Commission at their work session earlier this month. Edwards noted an amendment to the City Fee Schedule would be necessary if a fee is approved. Edwards stated he is looking for Council approval of the quote from Northern Specialties, Inc., for $79,754.00 for construction of fencing and gates from the park as well as a motion to accept the quote from TL Stevens for $11,141 for construction of a well. Council Member Walsh stated he would like to hear some feedback from the nearby neighbors but that he did not see any issues that raised a flag with regard to the proposed rules. McMillan asked if the City will be plowing the parking lot over the winter months. Edwards indicated the City currently plows the parking lot over the winter, which will continue, and then the trails will be compacted down with a sled to highlight the trails. Barnhart stated at the July 8 Council meeting, Staff was directed to draft an approval resolution for the variance as well as conduct the wetland delineation. That delineation has now been completed. Barnhart illustrated the location of the wetland. Barnhart noted the revised fence line is designated in blue and the purple line shows the 150 -foot setback from the lake. The red line shows the wetland boundary. The dashed line is the 35 -foot setback from the wetland line. Barnhart stated for the most part the fence is located outside the wetland and the wetland buffer and reflects quite a bit less encroachment from what was originally proposed. Staff recommends approval of the resolution. Barnhart noted the northern fence line has been shifted south to provide some additional buffer to the residents. Page 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 8. #16-3832, CITY OF ORONO, LURTON PARK VARIANCES ORDINANCE NO. 176 THIRD SERIES AND RESOLUTION 6663 (continued) McMillan questioned whether the dog park should be open at dark. McMillan stated her thought was that it should be closed at sunset. Edwards stated the idea was to keep the park hours the same as every other park in the City, which is 6 a.m. to 10 p.m. McMillan stated since this will be a more active component to the park, the hours should perhaps be reduced. McMillan commented people will probably not use the park when it is dark anyway. Council Member Levang noted the park will not be lighted. Walsh commented the reduced hours seem reasonable, especially in the wintertime. Rick Meyers, Park Commission Chair, stated he doubts anyone would come there at night and that he cannot envision keeping the park open until 10 p.m. being a problem. Meyers stated other dog parks have set standard hours and it pretty much takes care of itself. Meyers stated those dog parks have not experienced any issues in the evening. Meyers stated if the Council makes a rule like that and someone goes there after sunset, the City will then need to enforce it. Meyers stated the Park Commission wants to make it easy to enforce. Council Member Printup stated he tends to agree with the consistent hours. McMillan asked if anyone from the public would like to speak. Thomas Sawyer, 3405 County Road 6, encouraged the Council to look at an 8 or 9 p.m. closing time since this park is different from any other park in the City and would be comparing apples to oranges. Sawyer stated if the early closing time becomes an issue to someone who wants to come at night, they can approach the City and ask that the hours be changed. Sawyer stated he would like the City to set up some reasonable parameters now that take the neighbors into consideration. Sawyer noted there will not be a whole lot of enforcement anyway and that the park should not be a burden to the neighbors. Sawyer stated he does not see a need to go to 10 p.m. every night seven days a week and that the reduced hours would provide some protection to the neighbors. Walsh asked whether he is asking for the reduced hours year round. Sawyer indicated he would like to see it be year-round so it is consistent. Laurel MacLachlan, 3565 County Road 6, stated she would like to have earlier hours. MacLachlan noted they are also neighbors to the gun club and that those hours frequently get abused during the summertime. Maclachlan stated in her view an 8 or 9 p.m. closing time is reasonable. ,MacLachlan asked where the wetland is located. Barnhart indicated the solid red line is the delineated wetland and the dashed line is the 35 -foot setback Page 4 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. S. #16-3832, CITY OF ORONO, LURTON PARK VARIANCES ORDLN� ANCE NO. 176 THIRD SERIES AND RESOLUTION 6663 (continued) MacLachlan noted the map key states that the solid red line is an improved fence. Edwards indicated it is the fence line as well and that he used the color red twice. MacLachlan asked if the well is denoted on the map. Edwards pointed out the location of the well on the overhead. Edwards indicated it will be in the vicinity of the parking area. MacLachlan stated she just wanted to clarify that there was not another fence going in around the wetland area. MacLachlan asked whether there could be one gate on the north side and one gate by the lake. Edwards indicated they were contemplating the gates being in a location where the existing trail goes through. Edwards stated the existing trail has the woodchips on it now. MacLachlan stated her main concern is the hours and that she would like an earlier closing time. Dianna Milianta, 3515 Sixth Avenue North, stated an earlier closing time for this park would be reasonable. Milianta stated at the time of installation of the fence, she would like her husband to have the opportunity to be there. Milianta stated since a formal survey has not been done, she would like the opportunity for him to verify that the location of the fence is consistent with their understanding. Edwards stated once the Council approves the fencing contract, the fence line will be staked, which will be a couple of weeks prior to the fence being installed, and that they would have the opportunity at that time to view where the fence will be located. There were no further public comments regarding this application. Levang stated she would like to see the nonresident fee increased to $40 from $35. Levang stated when the park opens in 2017, the City will be making some estimates on what the costs will be and that she would like to set it at $40 so the City has monies in case there are unexpected costs. Levang stated she does not see it as an issue to charge nonresidents the extra money since the residents are also paying property taxes. McMillan and Walsh indicated they are not opposed to that. McMillan stated she would like to reduce the closing time to at least 9 p.m. Walsh stated he can see the argument for reducing the hours as well as having the hours consistent throughout the year. Walsh stated perhaps 8 p.m. would be a reasonable closing time for this park. Levang noted all of the City's parks are located in residential areas and that she does not see any difference between the baseball field at Bederwood and this park. Page 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 8. #16-3832, CITY OF ORONO, LURTON PARK VARIANCES ORDINANCE NO. 176 THIRD SERIES AND RESOLUTION 6663 (continued) Levang stated she does not see any reason to change the hours and that it would be different if some of the parks are in areas where there are not people but that there are neighbors next door to other City parks. Levang stated in her view people will self -police and that the City currently does not see people at the parks after hours. Printup stated he can see keeping the hours consistent but that he is willing to be flexible. McMillan noted this park will require a pass, which is different from the other parks, and that she is willing to reduce the closing time to at least 9 p.m. McMillan noted the reduced hours will not make a difference in the winter but it could be an issue during the summer. Walsh stated he wants to make sure the residents are taken care of and that the City can always lower it from 9 p.m. to 8 p.m. later if there is a problem. Rick Meyers stated it can also be 10 p.m. and they can see if there is a problem. Meyers noted the City has done quite a bit to accommodate the neighbors by cutting five acres out of the dog park to give them an additional buffer. Meyers stated he does not see the 10 p.m. closing time as a problem. Printup asked when the gun club closes. Milianta indicated it is sunset. Meyers noted the dogs will come in at the very far end and that he does not believe the dog park will be an issue since the neighbors will be far enough away. McMillan recommended the Council discuss the costs for the improvements. Levang stated she does not have a problem with the costs. Walsh stated he would prefer to do it all at once rather than having to come back to complete different items. Walsh commented there should be some shelters and benches for people. Walsh noted the City has plenty of other projects to take care of and that they should just go ahead and complete it. Printup indicated he is in agreement. Levang moved, Printup seconded, to approve Resolution No. 6663 - Pertaining to Dogs in an Off Leash Park. McMillan noted she will not be voting in favor of the resolution since the number of variances could be eliminated. VOTE: Ayes 3, Nays 1, McMillan Opposed. Fees were modified for nonresident to $40. Page 6 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 8. #16-3832, CITY OF ORONO, LURTON PARK VARIANCES ORDINANCE NO. 176 THIRD SERIES AND RESOLUTION 6663 (continued) Walsh moved, Printup seconded, to accept the quote from TL Stevens in the amount of $11,141.00, to accept the quote from Northern Specialties, Inc., in the amount of $79,754.00 for construction of the fencing and gates, and to authorize staff to procure and install the items included in the design and cost estimate, with the nonresident fee being increased to $40 and with a park closing time of 9 p.m. VOTE: Ayes 4, Nays 0. PUBLIC WORKS/CITY ENGINEER REPORT, CONTINUED Edwards reported on the following work performed by the Public Works Department: • Right-of-way mowing has been completed 4 Flooding was experienced on East Long Lake Road and Kelly Avenue • Watertown Road Phase 2 is currently underway 4 Crack sealing was performed Potholes were filled on Spring Hill, Fox, and Lyric Street • Mill and overlay is currently underway on Hunter and Tamarack 2016 sewer cleaning is underway Well construction is underway • GIS mapping of Highwood is being completed • Aquatic weed removal has been performed • Polling sites were set up for the primaries earlier this month Edwards reported the residents experienced some water over the roadway on Kelly Avenue. Edwards noted certain portions of the roadway are only a few inches above the high water lake level, which is the reason for the flooding. Edwards stated they did see an improvement from past years given the prior work that has been done in the area to increase the pipe size and that anticipated future work should help that area even more. Edwards stated he is in the process of hiring a Public Works maintenance worker and that the City has received 14 applications. Edwards indicated he hopes to have someone on board in the next couple of weeks. PUBLIC SAFETY REPORT *9. AMENDED AND RESTATED WEST METRO DRUG TASK FORCE (JOINT POWERS AGREEMENT) Levang moved, Printup seconded, to approve the Amended and Restated West Metro Drug Task Force Agreement. VOTE: Ayes 4 Nays 0. Page 7 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT — DENISE LESKINEN, REPRESENTATIVE *10. #16-3851 PETER BLUTH, 2413 CARMAN STREET, VARIANCES —RESOLUTION NO. 6664 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6664, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1434 and 78-1438, File No. 16-3851, for the property located at 2413 Carman Street. VOTE: Ayes 4, Nays 0. 11. #16-3847 SHADYWOOD VILLAS COMPREHENSIVE PLAN AMENDMENT — RESOLUTION NO. 6665 Community Development Director Barnhart noted at the August 8 meeting, the Council supported the development of Shadywood Villas as proposed and directed Staff to draft a resolution approving the preliminary plat. The property owners are proposing the development of 3.64 aces into seven single- family homes. The Comprehensive Plan Amendment Resolution was to be presented at the same time as the Preliminary Plat Resolution but there remain some minor engineering issues to be resolved. As a result, Staff proposes to move the Comprehensive Plan Amendment forward in order to allow the Metropolitan Council to review the amendment Barnhart stated to offset the reduction in mixed use area and the reduction of general density through the development of the Orono Preserve and Eisinger Meadows projects, the Council seemed to support the amendment to the mixed use category, raising the minimum density from four units to six units per acre. No additional mixed use areas are proposed at this time. Re -guiding the mixed use areas from four to six units per acre would add an additional 60 housing units to the Navarre area based on approximately 30 acres of mixed use. Barnhart stated this will also benefit the City in re-establishing the density buffer, which will allow lower density single-family along the lakeshore to be served by sanitary sewer. Staff is recommending approval of the resolution. Printup asked what the discrepancies in the Comprehensive Plan are. Barnhart indicated some portions of the Comprehensive Plan talk about four to six units per acre and other portions talk about six to 15 units per acre for mixed use. Walsh moved, Levang seconded, to adopt RESOLUTION NO. 6665, a Resolution Granting Preliminary Approval of Amendment No. 6 of the Orono 2008-2030 Community Management Plan: 2525, 2535, and 2545 Shadywood Road, File No. 16-3847. VOTE: Ayes 4, Nays 0. 12. PETER LANPHER APPLICATION FEE WAIVER REQUEST Barnhart stated at the last City Council meeting, Mr. Lanpher requested the fee be waived on his variance application. Page 8 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 12. PETER LANPHER APPLICATION FEE WAIVER REQUEST (continued) At that time the Council requested he make a formal request to that effect, which Mr. Lanpher has done. At this point Staff has been unable to locate any history where the application fee has been waived for a project that has been reviewed by the Planning Commission or City Council. Peter Lanpher, 1380 Rest Point Road, stated he is asking for the fee waiver because in his view it is excessive in this situation. Lanpher noted they have two nonconforming fences that were installed in the year 2000 and then a street side fence that was converted into a picket fence later on. Lanpher indicated he purchased the property in 2004 and that the fences were in existence at that time. Lanpher stated he is attempting to work with the City on this matter and that he is not planning on doing anything with the street side fence. Lanpher stated since purchase of the property, he has been told that it is an illegal fence. Lanpher noted the State of Minnesota considers it a nonconforming fence. Lanpher noted he had nothing to do with the installation and that they were there when he purchased the property. Lanpher stated the variance being requested is to correct and make the fences legal. Lanpher stated as far as the additional variance for the extension of the fence into the lakeshore setback is concerned, everyone here knows that they have had a difficult time in the neighborhood and that he is asking for as much leniency to get additional height and length to help bring stability into the neighborhood. McMillan asked if he is looking to replace the side fence and keeping the front fence the same. Lanpher indicated the front fence has not changed except for painting it twice. Lanpher noted he has a court order to fix and repair the side fence following the damage and that he would like to take that fence and extend it down the property line into the 0-75 foot zone as well as increase the height to six feet. Lanpher indicated he is requesting that for more security and privacy. Walsh asked how high the existing fence is. Lanpher stated the fence in the 0-30 foot setback starts at 46 inches, decreases to 42 inches, and then goes back up to 46 inches for the remainder. Lanpher indicated he has submitted an application for what he would like to do with the fence and that he is here tonight to request the variance fee be waived. Walsh stated in the past the City has brought up the fact that state statute says that nonconforming fences can be redone and does not state whether they are legal or nonconforming. Walsh noted Mr. Lanpher did not construct the fence and that he does not need a variance to replace it. Walsh stated he is hearing that Mr. Lanpher would like to make the fence conforming and then also raise the height up and extend it down to the 30 -foot mark from the lake. Lanpher stated it is a 75 -foot lakeshore setback and that he would like to take the fence all the way down to the lake. Lanpher indicated his property is constantly being trespassed on and that he is trying to remedy that situation. Extension of the fence would provide protection of seven or eight feet into the 75 - foot setback. Lanpher noted there are other neighbors in the area that have that and that his neighbor across the street received a fence variance in 1969 and he only paid $72. Page 9 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 12. PETER LANPHER APPLICATION FEE WAIVER REQUEST (continued) That fence is six feet in the front and six feet on the side and goes well within the 0-75 foot setback. Lanpher indicated there is also a neighbor down at the end of the street that has a 6 -foot fence within the 0-75 foot setback and another neighbor replaced their existing fence that is six feet in the front and on the side. Lanpher stated he is not asking for anything nonconforming to what already exists in the neighborhood and that he feels a $700 nonrefundable fee is too excessive for what he is proposing to do. Printup asked if there is a court order regarding this particular fence. Lanpher stated when the fence was painted by the neighbor without their permission, they took him to court and that court order has been provided to Staff. The court order allows the fence to be fixed and repaired with police enforcement as needed. McMillan stated perhaps the City needs to start requiring permits for fences even though she hates to add another regulation. McMillan noted she asked the City Administrator if fences require a permit in Tonka Bay and they do. McMillan stated she does not want to add more regulations in Orono, but that if people cannot police themselves, the City might have to start requiring a permit for fences. McMillan commented that might be a way to resolve issues but that it will not help this situation. Mattick stated he does not want to prejudge the merits of the variance, but that he has spoken with Mr. Lanpher before regarding nonconformity. Mattick stated he understands the word lawful does not appear in the statute but that the statute presumes it is lawful. Mattick stated he understands Mr. Lanpher disagrees with that. Mattick stated as he understands the application, the fence is contemplated in the 0-30 front yard setback and the 0-75 foot setback, which would be an expansion since the height and length will be increased. Mattick stated as it relates to the fee, that would be a policy issue and it is up to the City Council on whether the fee should be waived. McMillan stated she has received numerous calls from residents about not being allowed a fence in the 0-75 foot area and that the City has not allowed them in the past. McMillan stated the City has been pretty adamant about not allowing fences in that area and that people need to go through the variance process since each situation is different. McMillan stated there has to be real justification for a waiver of the fee. Lanpher stated the fee does not make sense to him and that the $700 fee is a standard fee. Lanpher indicated he has been trying to work with the City to make things compliant. Lanpher commented they already have issues in the neighborhood and that he is looking for peace and quiet and extra security. Lanpher stated he had nothing to do with the fence installation and that he can replace the existing fence and extend it to the 75 -foot line by court order. Lanpher stated he is asking for a little longer fence for extra security and safety and that in his view the $700 for a variance that might not get approved is a little bit excessive. Printup asked what the reference is about when it talks about the fence viewers. Page 10 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 12. PETER LAl\PHER APPLICATION FEE WAIVER REQUEST (continued) Lanpher stated Ms. Levang and Mr. Cornick viewed their fence and that it was brought up by the two of them that he could seek a variance for the two fences. McMillan asked if they talked about waiving the fee. Lanpher indicated they did not but that he feels the fee is excessive. McMillan noted the City does not have a graduated fee schedule and at times some of the variance requests take more effort and more time than initially realized but that it is a standard fee. 'McMillan stated that is the way Orono has been doing it for a number of years regardless of what the request is and that they do not break out the different variances on different price points. Walsh stated the City has always been tough on the 0-75 foot zone and typically does not allow structures in that zone. Walsh stated his bigger issue is that the City's non -enforcement of this situation has created a very large practical difficulty for Mr. Lanpher and that the City needs to step up and correct. Walsh stated if that means the City should waive the fee, the City should do that, since in his view the City has been part of the problem. Walsh moved, Printup seconded, to approve waiver of the fee for Peter Lanpher. Levang stated she understands the issue but that she does not want to talk about the variance application since it has not yet been reviewed by the Planning Commission. Levang commented it is hard to go against Staffs recommendation since they have found no history of a fee being waived since 2009 and that approving this waiver would set a precedent. Levang stated she understands that the Lanpher's did not erect the fence and that they want to do right by making the fence conforming but that she is having a hard time agreeing to waive the fee because the City has not done that before. Lanpher noted the City allowed three previous homeowners to have the fence even though the fence was brought up as being noncompliant when it was first being installed. Lanpher stated there was not another complaint made once the fences were installed until 2012. Lanpher indicated he is just trying to get this situation corrected and that he has spent more than enough money defending themselves in legal actions. Lanpher stated he would like to understand why he has to spend another $700 that is nonrefundable in order to get a variance. McMillan asked if the nonrefundable part is the biggest issue for Mr. Lanpher. Lanpher stated that is part of it but that the fences were there when he purchased the property. Lanpher noted he can extend the fence down to the 75 -foot line without a variance. McMillan pointed out that he is looking to expand a nonconforming fence. McMillan noted the City Council has to be fair to all citizens and that she does not see a particular item that makes this variance fee waiver request unique. McMillan stated everyone else's variance is important to them and that she cannot say that this is such a unique situation that it should be waived. Page 11 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 12. PETER LANPHER APPLICATION FEE WAIVER REQUEST (continued) McMillan stated if the fee waiver were approved, it would be very hard to say to the next person who says they purchased their property and this is the way it was. McMillan stated fence contractors need to know what the City's rules are. McMillan stated the City has had numerous fence violations in the past and that there was a property owner on Shadywood that erected a fence that was too high and the City made them reduce it. McMillan stated the City attempts to stay on top of things as much as possible but that they do not catch all things. McMillan stated since the fee has not been waived in the past, it would be difficult to say no to the next person. McMillan stated the City Council has to think of the whole City and what has happened in the past and what could happen in the future. McMillan commented that might not seem fair to him, but the Council and Staff have to be fair to everyone. Walsh stated the Council has probably never voted to waive the fee, but that the Council has never voted to fail a neighbor when there are clear violations and the City has decided not to enforce. Walsh stated in his view the City has failed the neighbor and that the City should help fix this problem because the City has not been fair on the whole situation as it relates to non -enforcement. Walsh stated enforcement of the City's regulations could perhaps have solved these problems long ago and that the City has brought this upon themselves. Walsh stated in his view this is a very unique situation. McMillan noted there have been other neighborhood disputes in the City and that this is not the only one. Lanpher stated those disputes have not involved situations where the City has failed to enforce their regulations. Lanpher noted in January of this year the Council voted to not pursue the other violations on the neighboring property and that he would like to make a formal complaint that the City has failed him and his wife. Lanpher noted he has gone all the way up to the state legislature and the Hennepin County attorney's office to see if he can rectify some of the injustice that they have experienced. VOTE: Ayes 2, Nays 2, Levang and McMillan Opposed. MOTION FAILS. 13. SEX OFFENDER PRELIMINARY DISCUSSION Barnhart stated a couple of weeks ago the Council directed Staff to provide some preliminary background information associated with the location regulations relating to Level III sex offenders. The City Attorney and Staff have compiled some information, as well as some sample state statutes, for review by the City Council. Barnhart stated Staff is looking for direction from the Council on how they would like Staff to move forward. Barnhart noted Staff is not providing any recommendation to adopt a specific ordinance. Printup recommended the City move forward with this item and noted they have previously talked about creating a new ordinance. Printup stated even though it might not be pressing city business, it has become a very timely issue in the area with Tonka Bay having a Level III person move into their city and putting everybody on high alert. Printup stated while that person is not there any longer, it shows that it can happen at any time and that he is advocating for the ordinance to help prepare for the future. Printup stated the City Council now has a template that they can look at and that it has stood the test in court. Page 12 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 13. SEX OFFENDER PRELIMINARY DISCUSSION (continued) Printup stated as far as overkill, in his view the residents would appreciate the overkill and that it helps protect the City and gives some comfort to the citizens by the City being proactive. McMillan noted it would not cover the entire City. Printup stated he understands that but that the City can be proactive on this item. Walsh stated he agrees with Council Member Printup. Walsh indicated he would like some clarification on Council Member Cornick's comment last meeting that the state ordinances were just fine. Walsh asked if the residency restrictions would be duplicating what the state has already or whether it would be more or less. Mattick stated he would need to review it a little bit closer but that he does not believe they are duplicating anything statutorily. Mattick stated it is his understanding that when sex offenders are released, they typically have conditions of probation, such as avoiding certain areas, and they are monitored individually on a case-by-case basis. Mattick noted the terms of probation can be stricter or more lax than the sample ordinance. Walsh stated the City would be codifying what the City believes is necessary for the protection of its citizens. Mattick stated the sample ordinance is nothing more than a cut and paste from Iowa and that Staff has not included any language specific for Orono. Mattick stated there are legal concerns about whether the City can pass something like this. In the State of Iowa, the ordinance was implemented and tried, which is why it was included in the packet. Mattick noted it was just meant to be a launching point for discussion. Walsh stated he did not understand where Council Member Cornick's comment was coming from. Mattick stated depending on the level of offender, the City would have to notify the community and hold public hearings. McMillan stated she would like to hear from Police Chief Farniok and Council Member Cornick since they have law enforcement background. Printup requested it be placed on a future City Council agenda. McMillan asked whether there should be a public hearing. Mattick stated since it likely would be placed in the public policy section of the City Code, a public hearing would not be necessary. Levang stated for the sake of transparency, there should be a public hearing so the City Council can get some input on what they would like to see the City do. McMillan stated she would like to see what protections are already in place and hear how police departments are currently handling things. Page 13 of 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. 13. SEX OFFENDER PRELIMINARY DISCUSSION (continued) Printup indicated he is interested in creating some buffer areas and a system to notify residents. Barnhart requested this item be pushed back one month since he already has seven items on the next Council agenda. Printup commented it is important to have this conversation since this problem isnot going to go away. McMillan noted the Council will also be discussing the budget on September 12 but that this item can be placed on a future agenda. MAYOR/COUNCIL REPORT Walsh stated he attended Corn Days and that it was a good time. Levang stated she has nothing to report. Printup noted October 1 is the Long Lake Fire Department's community block party, with fireworks happening in the evening. Printup commented Corn Days was a lot of fun and was well attended. Printup stated he attended the grand opening at the Erickson's gas station, which was also well attended, and that it is nice to see the community gathering there. Printup suggested whenever there is a grand opening, the City should have a write-up in the city newsletter or have a business spotlight periodically. McMillan reported she attended a meeting of Long Lake Water Quality Association and that those residents are working on water quality issues for Long Lake. McMillan stated the residents have a number of concerns they would like to address and that the Minnehaha Creek Watershed District is thinking about making the Long Lake watershed a focal point for future work. McMillan stated the Big Island paddle event was very successful, and even though it is not an Orono event, it is organized by an Orono citizen. McMillan commented the event had a great turnout and it was nice to see Big Island showcased. CITY ADMINISTRATOR'S REPORT Loftus stated she has nothing to report. *14. LICENSES & PERMITS Gambling Permit -- Resolution No. 6666 1. Orono Football Boosters 2016 home football games Levang moved, Printup seconded, to adopt RESOLUTION NO. 6666, a Resolution Approving the Minnesota Lawful Gambling Application for Exempt Permit of the Orono Football Boosters for a Gambling Activity. VOTE: Ayes 4, Nays 0. Page 14 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 22, 2016 7:00 o'clock p.m. Annual Gun Club License Park Gun Club September 1, 2016, through August 31, 2917 Massage Therapy License Ngoc Nhu Tran 2377 Shadywood Road Orono, MN 55356 Levang moved, Printup seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0. *15. CLAIMS/BILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Mattick noted the variance training is planned for the September 26 work session. Mattick requested the Council forward to Staff any applications or addresses where there were some issues they would like to see discussed. Mattick indicated they could also cover other planning and zoning questions if there are any. ADJOURNMENT Walsh moved, Printup seconded, to adjourn the Orono City Council meeting at 8:28 p.m. VOTE: Ayes 4, Nays 0. ATTEST: (DiaD, C e Tiegs, City Clerk Page 15 of 15 Tod McMillan, Mayor