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HomeMy WebLinkAbout04-10-2017 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, Council Members Richard Crosby, II,Wendy Dankey,Aaron Printup, and Victoria Seals. Representing Staff were City Administrator poug Reeder,Finance Director Ron Olson,Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, City Attomey Soren Mattick,and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 2-9, 12, 13, 14, 16, 17, and 18 were added to the Consent Agenda. Crosby moved,Printup seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. CONSENT AGENDA *2. APPROVAL OF COUNCIL MEETING MINUTES OF MARCH 22,2017 Crosby moved,Printup seconded,to approve the minutes of the Orono City Council meeting of March 22,2017,as submitted. VOTE: Ayes 5,Nays 0. *3. APPROVAL OF COUNCIL WORK SESSION MEETING MINUTRS OF MARCH 22, 2017 Crosby moved,Printup seconded,to approve the minutes of the Orono City Council work session of March 22,2017,as submitted. VOTE: Ayes 5,Nays 0. *4. APPROVAL OF CLAIMSBILLS Crosby moved,Printup seconded,to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. *5. APPROVAL OF APPOINTMENT OF 2017 SEASONAL EMPLOYEES Crosby moved,Printup seconded,to approve the appointment of the 2017 seasonal employees as outlined in Staff's report dated April 10,2017. VOTE: Ayes 5,Nays 0. Page 1 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. *6. ACCEPTANCE OF MOWING CONTRACT QUOTE Crosby moved,Printup seconded,to accept the quotation from Shaughnessy Lawn Care,Orono, Minnesota,for park mowing services for the 2017-2019 seasons in the amount of$57,900. VOTE: Ayes 5,Nays 0. *7. ACCEPTANCE OF NAVARRE GARAGE SIDING QUOTE Crosby moved,Printup seconded,to accept the quotation from Atkinson Construction and Siding, LLC,Delano,Minnesota,for residing the Navarre Water Plant Shed. VOTE: Ayes 5,Nays 0. *8. ACCEPTANCE OF SAGA HILLS PARK IMPROVEMENT PROJECT QUOTE Crosby moved,Printup seconded,to accept the quotation from Minnesota Native Landscapes for clearing trees from and planting 4.5 acres of hilltop area of Saga Hill Park with native plants and grasses in the amount of$19,597.50. VOTE: Ayes 5,Nays 0. *9. JOINT USE DOCK LICENSES RENEWALS FOR 2017—RESOLUTION NOS 6738 thru 6746. Crosby moved,Printup seconded,to adopt RESOLUTION NO.6738 thru 6746,a Resolution Establishing Policy Regarding Certificate of Survey Requirements for Joint Use Dock Licenses. VOTE: Ayes 5,Nays 0. Crosby moved,Printup seconded,to adopt RESOLUTION NO. 6738 thru 6746,a Resolution Directing Staff to Issue a Joint Use Dock License to Bohns Point Lane Homeowners,Forest Arms Country Club Addition Homeowners Association,Inc.,Foxhill Homeowners Association,Kelly Cove Homeowners Association of Orono,Minnetonka Power Squadron,Pheasant Lawn Homeowners Association,Pirates Cove Homeowners Association,Tonkawa,Inc.Property Owners at 460,500,and 550 Tonkawa Road,Victoria Estates Homeowners Association,and Walter's Port Maintenance and Improvement Association,subject to conditions noted herein for the period of January 1,2017,to December 31,2017. VOTE: Ayes 5,Nays 0. PUBLIC COMMENTS Richie Anderson, 3205 Crystal Bay Road, noted the City of Mound has recently set limits for Level III sex offenders at their March 14 meeting. A similar ordinance was enacted by Orono back in February of this year. Anderson thanked the Orono City Council for being proactive and adopting that ordinance. Walsh noted he attended the Lake Minnetonka mayors meeting and that the Mayor of Mound indicated that they followed Orono's leadership in this matter. Page 2 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. PUBLIC COMMENTS Tim Johnson, 1432 Shoreline Drive,addressed the City Council regarding a complaint he recently filed against the marina property located next to him. Johnson indicated there are two residentially zoned properties and two commercially zoned properties next to his property that are owned by the marina. Over the last couple of years,there have been a number of conversations had regarding the properties, with the City Council requesting the property owner not store any commercial items on the residential property located next to him. That property owner has continued to do so. Johnson stated he has hit the end of his rope when that property owner piled up over 1,000 feet of commercial dock on the residential property. Johnson stated someone absolutely would not do that to their residential neighbor if they had any respect for them. Johnson indicated he submitted a complaint through Staff and that the property owner was given the opportunity to take 30 days to remove the dock. Johnson noted this is a site that has been asked on numerous occasions to clean up the property. Johnson stated he would also like to lodge another complaint that the marina is storing other equipment on the residential property in addition to the docking. Johnson stated in his view he does not think it is reasonable to give the marina all this time to remove the items so they can have an auction to sell it. The marina could store those items on their commercial property. Johnson stated the marina has a number of choices regarding the storage,with one being off-site storage. Johnson noted he did contact Staff and let them know that two additional neighbors have contacted him about the situation. Johnson stated in his view that site should be given a written notice since it will help document a pattern of behavior on the property and that he would like the City's help in cleaning up this site. Crosby asked what other items besides the docking has been left there. Johnson indicated there is some tractor equipment and things that are used for the commercial site that has been stored there for quite some time. Johnson stated he pulled the file on another marina in Orono where a neighbor complained about some items and in that situation the City of Orono sent that marina owner a certified letter with an immediate demand for change. Johnson stated the City is treating two marinas differently and that he is not sure why. Johnson stated it is important to be consistent as a City and that he wanted it to bring it to the Council's attention. Page 3 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 10,2017 7:00 o'clock p.m. PRESENTATION 10. LONG LAKE FIRE DEPARTMENT ANNUAL REPORT FOR 2016 Chief James Van Eyll provided the Orono City Council with a review of the Fire Departments 2016 annual report. Van Eyll stated the Fire Department's mission statement remains the same,which is to enhance the quality of life and unique character of our protection area by providing excellent community risk reduction, fire and rescue services through prevention, education,preparedness and response. In addition,the Fire DepartmenYs vision statement has not changed. Van Eyll noted the value statement is something that was added last year and reads as follows: "We embrace our fire service responsibilities to our community through R.I.T.E.Values—Respect, Integrity, Teamwork and Excellence." The leadership and organizational chart of the fire department remains basically the same as in prior years. The administration side handles the building and grounds. There are currently 31 active members in the department,with one on military absence. All members are currently or will be Firefighter I or II state certified, First Responder or EMT certified, and HazMat Operations certified. Van Eyll noted the Fire Department lost two members with 41 and 42 years of experience respectfully, which has had a negative impact on the daytime response. In total the Fire Department lost 119 years of experience last year due to retirements. There are now seven new probationary members and eight members who came off probationary status in 2016. Van Eyll indicated it takes between three to five years to get an initial recruit to the point where they are capable of doing all the duties without being monitored in some fashion. Van Eyll reviewed the facilities and equipment for Station 1 and Station 2. Tota12016 emergency call activity was 410 calls,with Orono having 326 incidents. Overall Orono experienced 18 fire calls, 67 rescue and emergency medical calls, 54 hazardous condition calls, 15 service calls, 95 good intent calls and 77 false alarms. Van Eyll noted in 2016, Orono had three fewer emergency calls than in 2015. In addition,there was a total of 31 calls for mutual aid in 2016. The average response time for Long Lake was just over 7 minutes and Orono was 6 minutes and 53 seconds. Overall the response time for the Fire Department was seven minutes and 35 seconds,which also includes the calls for mutual aid. There was an average of 11.35 members who responded per call, with 62 percent of the calls happening between the hours of 0600 to 1800. Total call hours in 2016 was 5,667,with Orono having 4,085 hours or 72.08 percent of the total. Page 4 of 26 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,April 10,2017 7:00 o'clock p.m. 10. LONG LAKE FIRE DEPARTMENT ANNUAL REPORT FOR 2016 (Continued) Fire Department goals for 2016 include the following: - Consolidation of fundraising activities to one day except for the pancake breakfast. - Creating a LLFD Cloud Drive - Find a location for B 1 on Lake Minnetonka - Create a better way to track items that are being done and that need to get done around the stations. - Lexipol and other SOPs need attention to completion. Training goals for 2016 included additional officer training,driver/pumper training, training with simulators from HTC,training with OPD, schools, churches and businesses on active shooter/MCI,and possibly changing training hours to daytime. Manager training goals include highway 12 training, backseat crew training, FF leading training,outside agency training, leadership/new officer training,and online training and access to training records. Training goals for 2017 include Highway 12 training,backseat crew training, FF leading training,outside agency training, leadership/new officer training, and online training and access to training records. Overall Fire Department goals for 2017 include finding a dock for Boat 11,clothing SOP, implementing a mentorship program,volunteer hour SOP, and automation of percentages. The top responders for Station 1 were Tom Aldrich,Kelly Shaughnessy,Tom Lunieski,Jim Elder, and Pat Cotton. Top responders for Station 2 were Scott Spinks,Chris Adams, Shane Gardner,Phil Steahl, and Ted Woychich. Van Eyll noted the majority of the calls were received on Wednesday,with the majority of those calls being received in July, followed by August and then May. 2016 team activities included the Excelsior boot hockey tournament, an air climb, a chili cook-off,the New Germany softball tournament,Maple Plain water ball,and the Orono Police Department versus the Long Lake Fire Department softball game. Activities for 2017 include the LLFD MemorialSK run, which is scheduled for July 29;Kids Day on October 9; and SBB Toy and Food Drive on December 2. Printup noted construction on Old Highway 12 begins on Tuesday. Printed asked whether there is anything the City can do to assist the Fire Department with the impacts from the road construction. Van Eyll suggested the City strongly encourage the contractors to keep at least one lane open as wide as possible at all times. Walsh asked if there were more ice calls this past year than normal. Page 5 of 26 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,Apri110,2017 7:00 o'clock p.m. 10. LONG LAKE FIRE DEPARTMENT ANNUAL REPORT FOR 2016 (Continued) Van Eyll indicated there was not and that ice rescue calls were actually down in 2016 from previous years. Van Eyll stated the signs erected by the Sheriffls Department have helped alert people to the ice conditions. Walsh noted the City is currently working on a new 20-year contract and that will be on the City Council's agenda at some point in the coming months. In addition,the Fire Department is looking at purchasing a new fire truck. Van Eyll stated the Fire Department had three different manufacturers' present proposals to them and that they are working through the Houston Galaxy Purchasing Consortium in order to obtain a better price. The City Council thanked Fire Chief Van Eyll for his fine work and the work of the volunteer firefighters. 11. STATE LEGISLATURE UPDATE—SENATOR OSMEK Senator Dave Osmek addressed the City Council regarding the 20161egislative year. Osmek noted he is the chair of the Energy and Utilities Committee and also serves on the Transportation Investment and Local Government Committees. Osmek stated since he was here last,Highway 12 was reopened with the jersey barriers and that he will continue to work on improving Highway 12. Osmek stated additional funding for Highway 12 is included in the transportation and bonding bills and that he is hopeful they can get it through in this session. Osmek noted the Senate has a bonding bill but that the House currently does not. Osmek commented he is optimistic they can get the transportation bill out of committee and that he will be advocating for the Highway 12 improvements. Osmek noted there are a certain number of people that do not believe in earmarking transportation funds but that he considers it a public safety matter. Osmek indicated he has also been working on small cell technology guidelines with the telecom companies and the League of Minnesota Cities. Osmek stated involving the League of Minnesota Cities is important on this bill because they are representing the cities' right-of-ways where the telecom companies want to insta115G. Osmek stated going from 4G to SG is a huge jump in technology and that the equipment will be installed within the rights-of-ways,which are governed by each city's permitting process. Osmek stated it is important for each city to be able to obtain control over their rights-of-ways rather than allowing the telecom companies unfettered access to that area. Page 6 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 11. STATE LEGISLATURE UPDATE—SENATOR OSMEK(Continued) Osmek reported the MN Senate did get the omnibus funding bills completed last Tuesday but that they have to clean up a few things prior to it going to vote. Osmek noted there is a Metropolitan Council reform bill on the floor currently,with one of the requirements being that the people on the Council must be elected officials. Osmek noted he was contacted recently by a constituent regarding a concrete crushing operation in Orono. Osmek stated the contractor went through the DNR to obtain permitting,which was perfectly appropriate,but any activity that goes on at the site is under the jurisdiction of the City of Orono. Osmek stated the City can place whatever restrictions they feel are necessary on the operation and the contractor must comply with them. Crosby thanked Senator Osmek for addressing the Highway 12 situation and helping obtain the funding for the jersey barriers. Osmek stated support from the Highway 12 Safety Coalition was very helpful. Printup asked when the 20171egislative session comes to a close. Osmek stated by state statute they have to adjourn by midnight on May 22. City Attorney Mattick commented there seems to be a number of local control issues that are before the MN Legislature this year, such as the small cell technology. Mattick stated as it relates to the small cell legislation,it is his understanding those pushing through the original language took local control completely out of the bill. Mattick stated some communities are moving forward with agreements. Mattick asked if there is something in place that leaves those agreements in place or whether it would be a matter of codifying by statute those agreements. Osmek stated the reason the bill looked the way it did originally was that it was brought forward by the telecom companies. As the process continued to unfold,the telecom companies were informed that the cities would be in charge of the perxnitting aspect of it. In addition,the League of Minnesota Cities has compiled some language regarding the costs and value that cities will experience. Osmek noted nothing in the bill would exclude or change any contracts or agreements that have already been completed or come after the fact. Osmek stated the formula that was arrived at included the cost of the pole the equipment would be attached to,the number of providers that will be on the pole,and the number of years the equipment will be on the pole. Osmek noted this equipment will not be located on cell phone towers and that eventually those cell phone towers will go away. Page 7 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 11. STATE LEGISLATURE UPDATE—SENATOR OSMEK(Continued) Mattick asked whether cities would be required to install the equipment on their poles. Osmek stated that would be covered under the City's permitting process,which would allow the City to pick the color of the equipment and also limit the amount of equipment on each pole. Osmek noted there were also some reverse referendums that were being discussed but they have not gotten much traction at this point. Osmek stated incorporating a reverse referendum into a city's budget would be very difficult and that it is important to understand the ramifications. Seals commented the Metropolitan Council was brought up by a number of residents during the campaign season. Seals asked whether there are things that people are doing to try to change of the scope of the Metropolitan Council. Osmek stated the Metropolitan Council was created back in the 1960s to deal with the sewers but that their duties have slowly expanded over the years to deal with buses,housing,trains, and water treatment. Osmek commented there are a lot of different options to deal with the Metropolitan Council and that they will need to be explored and discussed further. Walsh commented the Metropolitan Council is the only governing body in the country that does not have elected officials on it. The City Council thanked Senator Osmek for his legislative report. PUBLIC WORKS/CITY ENGINEER REPORT None PLANNING DEPARTMENT REPORT—Denise Leskinen,Representative *12. #17-3907 UGORETS 8098,LLC,2500 SHADYWOOD ROAD,CONDITIONAL USE PERMIT: PERMANENT DOCK IN FLOODPLAIN—RESOLUTION NO.6748. Crosby moved,Printup seconded,to adopt RESOLUTION NO.6748,a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-1118(c),File No. 17-3907. VOTE: Ayes 5,Nays 0. Page 8 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. *13. #17-3908 ROMAN ZHLTK OF CUBE,INC.,3320 NAVARRE LANE,VARIANCES FOR LOT AREA,LOT WIDTH—RESOLUTION NO.6749. Crosby moved,Printup seconded,to adopt Resolution No. 6749,a Resolution Granting Variances to Orono Municipal Zoning Code Section 78-350 for Property Located at 3320 Navarre Lane. VOTE: Ayes 5,Nays 0. *14. #17-3909 KEN AND SHERALYN SADDLER,2755 ETHEL AVENUE,VARIANCES FOR LOT AREA AND LOT WIDTH—RESOLUTION NO. 6750. Crosby moved,Printup seconded,to adopt RESOLUTION NO. 6750,a Resolution Granting Variances to Orono Municipal Zoning Code Section 78-350 for Property Located at 2755 Ethel Avenue,File No.3909. VOTE: Ayes 5,Nays 0. 15. #17-3912 BRUCE BIRKELAND, 1298 WILDHURST TRAIL AND LOT 3,BLOCK WILDHURST,VARIANCES Curtis stated the applicant owns three lots of Wildhurst Trail. Two of the lots are the subject of this application. Currently Lot 2, located at 1298 Wildhurst Trail, is a lakeshore lot and the unaddressed Lot 3 is a non-lakeshore lot. An application for a subdivision exemption was submitted to permit an administrative lot line rearrangement between the two properties in order to reconfigure Lot 3 as a lakeshore lot. Based on the information provided,there does not appear to be sufficient width at the ordinary high water level and at the 75-foot setback as required by the Code to support the new lake lot. Further,the existing home on Lot 2 reduces options and will likely require a side setback variance. New nonconforxnities are not to be created. Therefore,variances are necessary to process the lot line adjustment. The Planning Commission held a public hearing at their March meeting and reviewed the application. The Planning Commission felt the request was reasonable but they struggled with the lack of practical diff'iculty as needed to support the variance. The Planning Commission voted 5-0 to recommend denial. The Commission further recommended the applicant provide additional practical difficulties analysis supporting their request. Comments from the public were received regarding this application and have been included as an exhibit to the Planning Commission report. Additional comments were made at the meeting and the minutes of the Planning Commission meeting provide more detail on those comments. Page 9 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 15. #17-3912 BRUCE BIRKELAND, 1298 WILDHURST TRAIL AND LOT 3,BLOCK WILDHURST,VARIANCES (Continued) Staff has received a revised practical difficulty form from the applicant. Staff does not feel they adequately support the variances requested. Tonight the Council has the option to refer the application back to the Planning Commission or to make a decision based on the new information submitted by the applicant. Curtis noted the lots are currently conforming. Therefore Staff recommends denial of variances for lot width to create the new lakeshore lot. If the applicant is able to show both lots can meet the required 140- foot standard at the OHWL and at the 75-foot setback, Staff would support a side setback variance for the existing home if it is needed. Tonight the Council should direct Staff to draft a resolution regarding their decision for consideration at their April 24 meeting or refer the matter back to the Planning Commission. Printup commented it seemed like the Planning Commission felt this was reasonable but that there were some questions about the practical difficulty. Walsh stated the practical difficulty statement was not filled out correctly and that the Planning Commission recommended the applicant take another look at that. Walsh stated to his understanding the applicant has owned this property for 50-60 years and that there was a channel that was dredged out a long time ago that created a weird 75-foot setback. Walsh stated if you look at the arc of the 75-foot setback,there is 140 feet of width distance on the outside of the arc with a small setback issue with the existing house. Walsh stated to his knowledge the setback gets within three feet of the house instead of ten feet due to the nature of the lots. Walsh stated the goal is to see if the City Council can figure out how to make these things work better. Printup asked whether the lot line was adjusted so the two lots were conforming. Curtis stated the way the surveyor has measured the width at the 75-foot setback is on the outside of the curve or arc to the upland side, and the way the Code requires lakeshore lots be measured is a straight line at the location where the 75-foot setback hits both property lines. Curtis stated the way it is measured takes advantage of the awkward shape of the shoreline Walsh stated obviously you could not measure from the inside of the arc because then you would be within the 75-foot setback. Walsh stated the channel is one of the structural in nature issues that causes a practical difficulty by creating this strange arc. Page 10 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 15. #17-3912 BRUCE BIItKELAND, 1298 WILDHURST TRAIL AND LOT 3,BLOCK WII.DHURST,VARIANCES (Continued) Crosby asked how wide the inlet is. Birkeland indicated roughly 35 feet. Walsh stated the City looked at similar issues with Mooney Lake with regards to the average lakeshore setback. Walsh stated they could make the line ten feet away from the house but then they would have 140 from one side and 132 from the other side on the outside of the arc. Walsh commented he would rather have the width correct but that there are some difficulties to work with due to the shape of the lot. Birkeland stated there is also a long point that goes down nearly to the shoreline. Birkeland stated there is plenty of room to build a house but that someone constructed the house five feet to the south a long time ago. Birkeland indicated they are attempting to create two lots with access to the lake and that it makes sense to measure it there when you look at the lot. Walsh commented it makes the lots better for the City. Walsh asked if the applicant has a preference for having the line four feet from the house or ten feet from the house. Birkeland indicated they are fine either way and that they would accept whatever the Council decides. Birkeland stated he is not sure at this point if the house will be tom down. Printup stated the Council cannot speculate on whether the house will be tom down. Walsh noted if they tear the house down, it would need to be 10 feet from the line. Crosby stated he would start with ten feet. Seals asked what the issues are with each option. Curtis stated basically the City is taking two lots that are currently conforming and potentially creating two nonconforming lakeshore lots for the purpose of creating one additional lakeshore lot,which is Staff's concern. Crosby asked what would be nonconforming under Option 2. Curtis stated the width is not measured correctly. Curtis pointed out the green line is where the width should be measured from according to City Code and that both lots would be nonconforming under Option 1 and Option 2. Page 11 of 26 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,Apri110,2017 7:00 o'clock p.m. 15. #17-3912 BRUCE BIRKELAND, 1298 WILDHURST TRAIL AND LOT 3,BLOCK WII.DHURST,VARIANCES (Continued) Walsh stated the inlet created the weird arc and that the options came up after the Planning Commission meeting. Walsh pointed out the applicants would have to build past the purple line to be conforming as measured by Staff. Birkeland stated their surveyor indicated he has measured it this way for a long time. Curtis stated the surveyor read the definition a different way from Staff and that very few lake lots are created in the City. Seals asked what option Staff would prefer. Curtis stated Staff would prefer not creating nonconforming lots. Seals asked if the Planning Commission representative had anything to add to the discussion. Denise Leskinen,Planning Commission representative, stated they had a lengthy discussion on this application regarding the practical difficulty and that their preference was not to create nonconforming lots. Leskinen stated the 10-foot side setback variance was less of an issue than creating two nonconforming lots. Leskinen stated the reason the Planning Commission recommended denial was due to the lack of a practical difficulty since it seemed that the only practical difficulty was economic in nature and that it was not within the scope of the Planning Commission's authority to recommend approval. Walsh noted the applicant had indicated at the Planning Commission meeting he did not write the original practical difficulty. Birkeland stated he wrote it and that he was mistaken at the Planning Commission meeting. Birkeland commented some of the questions were ambiguous to him and that he is simply attempting to make the lots more useable. Birkeland stated the money aspect is important and that they have owned it for 51 years and have paid taxes on it. Birkeland stated he is not sure why they drew it like that. Walsh stated in the end the physical characteristics of the land were not addressed in the practical difficulty statement. Birkeland comxnented he is not a developer and that they seemed to be more statements rather than questions. Printup stated if there can be two conforxning lots,he would be less concerned with the variance. Page 12 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 10,2017 7:00 o'clock p.m. 15. #17-3912 BRUCE BIRKELAND, 1298 WILDHURST TRAIL AND LOT 3,BLOCK WILDHURST,VARIANCES (Continued) Birkeland stated the way it is currently drawn,they are not conforming, and that he would leave it to the City Council to tell him how they would like the lines drawn. Curtis stated Staff took the two options that the applicant provided rather than working through all the geometry. Curtis stated if the applicants can make that work,they can provide a revised survey. Crosby asked if they know that would work. Curtis indicated they do not. Curtis stated if the location of the current home is ignored,they could potentially create two conforming lots. Walsh stated the line would have to go through the house. Birkeland stated it was unfortunate they constructed the house where it currently is but that the lots are over two acres. Seals commented she is fine with it as long as they are not building within the 75-foot setback to help protect the lake and that the lots are within the 1-acre parameters. Dankey stated if the house was removed,there is a chance both lots would be conforming. Birkeland noted if the house is removed,that will change all the setbacks and then they will have to construct the homes further back. Walsh pointed out the average lakeshore setback is measured from the house on the adjoining lot. Crosby stated if the house is removed, it would give them more flexibility to create two conforming lots; and that he would consider sending it back to the Planning Commission if two conforming lots can be created. Crosby stated the question is whether the applicants want to keep the existing home. Walsh noted the applicant would need to be conforming with the green line. Walsh stated the practical difficulty is that inlet but they still have to meet the setbacks. Crosby asked what the total area is of the lots. Curtis indicated the top lot is shown as 1.11 total acres and Lot 3 is 1.3 total. Walsh asked if the City can set the average lakeshore setback tonight for the existing house. Page 13 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 15. #17-3912 BRUCE BIItKELAND, 1298 WILDHURST TRAIL AND LOT 3,BLOCK WILDHURST,VARIANCES (Continued) Mattick stated that was not part of the public notification and that it would require a variance. Walsh stated Option 2 keeps the 10-foot setback and creates two 1-acre lots. Walsh noted everything would be built behind the 75-foot arc and that the weird curve of the arc is creating a practical difficulty. Walsh moved,Printup seconded,Application No. 17-3912,Bruce Birkeland, 1298 Wildhurt Trail, to direct Staff to draft an approval resolution for Option 2. VOTE: Ayes 5,Nays 0. *16. #17-3914 PHII.,LIP AND DARCY OTTO,4116 HIGHWOOD ROAD,VARIANCE— RESOLUTION NO.6751. Crosby moved,Printup seconded,to adopt RESOLUTION NO. 6751,a Resolution Approving a Variance From Municipal Zoning Code Section 78-330,File No. 17-3914. VOTE: Ayes 5,Nays 0. *17. #17-3915 LECY BROTHERS ON BEHALF OF CHARLIE AND NORA DAUM, 1920 FAGERNESS POINT ROAD,VARIANCES FOR LOT AREA,HARDCOVER AND SETBACKS —RESOLUTION NO. 6752. Crosby moved,Printup seconded,to adopt RESOLLTTION NO.6752,a Resolution Granting Variances to Orono Municipal Zoning Code Sections 78-350,78-1279,and 78-1680 for the Property Located at 1920 Fagerness Point Road,File No. 17-3915. VOTE: Ayes 5,Nays 0. *18. #17-3916 PETER ESKUCHE ON BEHALF OF FORREST BURKE, 1020 TONKAWA ROAD,VARIANCES—RESOLUTION NO.6753 Crosby moved,Printup seconded,to adopt RESOLUTION NO.6753,a Resolution Approving Variances from Municipal Zoning Code Sections 78-330 and 78-1279,File No.3916. VOTE: Ayes 5,Nays 0. 19. #17-3919 AMIIt AND ASHI.EY MEHBOD,2625 NORTH SHORE DRIVE,VARIANCE— RESOLUTION NO.6754. Curtis stated the applicants are requesting a lake setback and a 75-foot hardcover variance in order to construct a 8' x 29.5' addition to the home. The addition would add 93.2 square feet of hardcover to the 0-75 foot zone and be located 64 feet from the lake. The house is currently, at its closest point, 30 feet from the lake. Page 14 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 19. #17-3919 AMIR AND ASHLEY MEHBOD,2625 NORTH SHORE DRIVE,VARIANCE— RESOLUTION NO. 6754. (Continued) In March the Planning Commission held a public hearing and reviewed the application. They recommended on a vote of 5-0 to approve the variances conditioned upon the applicant installing plantings to screen the addition from the lake. Comments in support of the project were received and have been included in Council's packet. Staff recommends approval of the application. The City Council should consider a motion to adopt or amend the approval resolution. Seals stated she is always leery of things that are within the 75-foot setback and that she wanted to hear Staff's report. Seals stated she is fine with the request. Crosby asked what the hardcover level is at. Curtis indicated it is 15 percent with the addition. Seals moved,Dankey seconded,to adopt RESOLUTION NO.6754,a Resolution Approving Variances from Municipal Zoning Code Sections 78-1279 and 78-1680,File No. 17-3919. VOTE: Ayes 5,Nays 0. 20. #17-3920 CITY OF ORONO,TEXT AMENDMENT: SURVEYS AND SITE PLANS— ORDINANCE NO. 189,Third Series. Barnhart stated the draft ordinance is intended to address surveys and site plans. The draft ordinance does the following: 1. Identifies and stipulates the requirement of either a site plan or a certified site plan. A certified site plan,required for new principal buildings, additions to principal buildings, or grading projects that otherwise require a permit, is a site plan prepared by an individual registered by the state. Other projects including accessory stnxctures/buildings,decks,minor grading does not need to be prepared by a registered individual. 2. Clarifies when a foundation and as built survey is required, only for principal buildings. 3. Identifies the review process for commercial and industrial projects,directing Staffto make decisions on site plan approval for permitted uses not requiring variances. Conditional Use Permits and variances will continue to be reviewed by the Planning Commission and Council. Page 15 of 26 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,Apri110,2017 7:00 o'clock p.m. 20. #17-3920 CITY OF ORONO,TEXT AMENDMENT: SURVEYS AND SITE PLANS— ORDINANCE NO. 189,Third Series. (Continued) 4. Provides for greater flexibility into what is required for a permit. 5. Requires property corners to be located, not necessarily the pins,the removal of which is not uncommon. Barnhart stated there is some risk that the improvement could be located in the wrong location without a non-certified site. In addition, allowing uncertified site plans is expected to ease the permitting process but may also increase impacts on adjacent properties,especially in areas where the lots are small. If the Council is comfortable with that trade-off, Staff recommends adoption of the ordinance as drafted. Dankey asked whether this will cause more work for Staff. Barnhart stated it will require different work on the part of Staff. Currently Staff works with the applicant to develop adequate surveys or comprehensive plans, and the hope is that that time will be shifted into actually reviewing the building permit. Walsh stated the goal is to make the permitting process easier for people and that there currently is no flexibility with surveys regardless of the cost of the project. Walsh stated this ordinance will allow some flexibility on smaller projects and be less of a financial burden. Printup stated requiring an expensive survey on a$500 deck does not make sense and that this is a good change. Printup moved,Seals seconded,to adopt ORDINANCE NO. 189,Third Series,an Ordinance Amending the Code of Ordinances Pertaining to Surveys and Site Plans,When They Are Required, and the Review Process. VOTE: Ayes 5,Nays 0. 21. #17-3921 CITY OF ORONO,TEXT AMENDMENT: ESCROW AGREEMENTS AND FINANCIAL GUARANTEES—ORDINANCE NO. 190,Third Series Barnhart stated the purpose of this item is to amend the ordinance to modify the requirements for financial guarantees and escrows. City Code currently requires a security in the amount of 125 percent of the value of the improvements for site plans,which could imply that the City is either completing or guaranteeing the work,which the City will not do. The draft ordinance removes that provision. Page 16 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 21. #17-3921 CITY OF ORONO,TEXT AMENDMENT: ESCROW AGREEMENTS AND FINANCIAL GUARANTEES—ORDINANCE NO. 190,Third Series (Continued) The ordinance also modifies the language to only require as-built surveys for principal buildings. An as- built survey is intended to guarantee that the structure and all other improvements are consistent with the approved plans. In addition,the dra8 ordinance also modifies/clarifies the requirement that owners must pay costs incurred as part of their project. Under the new ordinance,the City will no longer require escrow agreements and incorporates language to include in the permits and applications to negate the need for this separate document. Staff recommends adoption of the ordinance as presented. Printup asked if the City can assess someone if they do not pay the costs incurred by the City. Mattick stated in order to assess something, it must be against the property owner, and a lot of times the applications are made by a builder or an architect. Mattick stated the costs are usually not paid if the project experiences problems and typically the property owner is not aware of the outstanding costs. Mattick stated there is language that allows the City to assess those fees,but that there will be some exposure. Mattick stated he is not sure at this point whether it will help the City or not. Mattick noted approximately ten years ago Orono had a difficult time collecting on these fees and the City was left on the hook for several hundred thousand dollars,which was why the current ordinance was put in place. Mattick stated to his understanding the system in place has been working but that it is a balancing act between protecting the City's financial stake and being fair to the consumer. Walsh stated these code issues involve philosophical discussions and that they are trying to make the ordinances fair to the 85 percent of people who comply with the laws rather than penalizing them. Walsh stated the City will be handling the other 15 percent differently. Walsh stated if someone wants a certificate of early occupancy, a person with a$100,000 house has to pay the same amount of money as the person with a$300,000 house, which results in a greater burden being on the smaller property owner. Walsh stated the City is attempting to balance the risk of allowing people to get things done easier or quicker but that it does not guarantee the project will be done correctly. Seals asked what neighboring cities do. Barnhart stated escrows are not uncommon and that every city he has worked in has required an escrow. Escrows are usually tied to pollution control or consulting fees and that Staff is not proposing to remove financial guarantees for a temporary certificate of occupancy. Barnhart noted the Code Review Committee will be reviewing the escrow amount that should be required. Page 17 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 21. #17-3921 CITY OF ORONO,TEXT AMENDMENT: ESCROW AGREEMENTS AND FINANCIAL GUARANTEES—ORDINANCE NO. 190,Third Series (Continued) Walsh commented the City can go to a sliding scale escrow or a percentage to make it fairer. Dankey moved,Crosby seconded,to adopt ORDINANCE NO. 190,Third Series,an Ordinance Amending the Code of Ordinances Pertaining to Escrow Agreements and Financial Guarantees as Part of Building and Site Plans. VOTE: Ayes 5,Nays 0. 22. #17-3923 CITY OF ORONO,TEXT AMENDMENT: LOT LINE ADJUSTMENTS— ORDINANCE NO. 191,third Series Barnhart stated in 2016,the City Council adopted an ordinance that allowed for the Staff certification of a boundary line adjustment,provided both lots meet the minimum size and width requirements and no new nonconformities are created. Staff certification does not require time consuming public hearings or Planning Commission/Council review. There are a number of nonconforming lots by virtue of their size and width that negate the benefit of this ordinance to these properties. The draft ordinance allows Staff to certify new boundary line adjustments provided no new non-conformities are created. Creation of any new lots would still go before the Planning Commission. Walsh stated this ordinance will give Staff more flexibility to certify lot line rearrangements. Walsh stated some of the issues he has heard is if people know they have to go through the variance process, they tend to walk away from those lots and not purchase them. Walsh stated that means the owner of the lot has to reduce the price in order to compensate for that. Walsh stated the ordinance will not solve all issues but that it will give the City a little more flexibility. Crosby moved,Printup seconded,to adopt ORDINANCE NO. 191,Third Series,an Ordinance Amending the Code of Ordinances Pertaining to Subdivision Exceptions. VOTE: Ayes 5,Nays 0. 23. #17-3924 CITY OF ORONO,TEXT AMENDMENT: REPEAL OF CONDITIONAL USE PERMIT—ORDINANCE NO. 192,Third Series Bamhart stated the purpose of this item is to remove a clause in the City's zoning ordinance pertaining to the ability for neighbors within 1,000 feet to change or repeal a lawfully operating conditional use permit. If 75percent of those neighbors petition the City,the Council has to review the CUP. Page 18 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 23. #17-3924 CITY OF ORONO,TEXT AMENDMENT: REPEAL OF CONDITIONAL USE PERMIT—ORDINANCE NO. 192,Third Series (Continued) Bamhart stated the challenge with that clause is if you have a lawfully operating conditional use permit, that permit runs with the land. A clause in the ordinance that appears to potentially allow the neighbors to change that creates a false hope that the neighbors have the ability to do that. On the recommendation of the City Attorney, Staff has removed that language to be more consistent with state statute. Walsh stated an example of that was the church on Fox Street. A neighbor was having an issue with the amplified noise and the City had to tell the resident that he does not have that ability to petition the City. Walsh stated as a result,there is no good reason for that language to be in the ordinance,but the City Council can include in the conclusions section of the resolution what the conditions are for those conditional uses. Walsh stated the City Council would be able to review the conditional use permit if the person is violating any of those conditions. Mattick stated the findings and conclusions of the resolution are very important since the language of ordinances tend to change over time. Matt Johnson, 1432 Shoreline Drive, stated in his view,the City should always give neighbors hope that they can change something that they are uncomfortable with. Johnson stated in reviewing the language, it says that the conditional use permit should not be subject to periodic Council review for the purpose of change or revocation unless such a review is one of the conditions of the original permit unless the actual land use is determined to be a violation. Johnson noted the language goes on to say that basically the City cannot do anything unless the property owner gives the City that right or the City obtains a court order. Johnson stated to his understanding the Planning Commission touched on this and that the ordinance is taking away the City's authority. Johnson stated the City could have a marina that is allowed to have 20 rental boat slips but they could move up to 26. Johnson asked how the City goes about enforcing that change or if they receive a complaint. Walsh stated that is why it is so important to cover that in the conditions of the conditional use permit since state law already prohibits the language proposed to be deleted. The conditions give the City the authority to enforce different items. Walsh stated they are just getting rid of the language that says the resident can petition since that right does not currently exist and that it will be important in the future to codify the conditions required as part of the conditional use permit. Mattick stated the language that is being struck conveys false hope and is completely unenforceable. Johnson stated he understands that but that the residents should always have hope that they can effect change. Page 19 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 23. #17-3924 CITY OF ORONO,TEXT AMENDMENT: REPEAL OF CONDITIONAL USE PERMIT—ORDINANCE NO. 192,Third Series (Continued) Mattick stated it would be a lot easier if it was as simple as knocking on the say and saying I am inspecting,but it is not that simple. Mattick noted this very issue is before the Supreme Court right now about what it takes to enter someone's property in the context of apartment rentals. Mattick stated he is not aware of anything that allows the City to enter someone's property if they are denied entry. Mattick stated in light of what is before the Supreme Court currently,if the Supreme Court changes the rules,the City will be back revising this again. Mattick stated the language is just simply meant to be a reflection of what the law is currently. Seals asked if Mr.Johnson has concerns about the marina next to him not following their conditional use permit. Johnson stated the conditional use permit for the marina is very well written but not all conditional use permits are well written and some are not enforced. Seals moved,Crosby seconded,to adopt ORDINANCE NO. 192,Third Series, an Ordinance Amending the Code of Ordinances Pertaining to the Review of Conditional Use Permits Upon Neighbors Petition. VOTE: Ayes 5,Nays 0. 24. #17-3926 CITY OF ORONO,TEXT AMENDMENT: EXEMPTION FOR GOVERNMENT SIGNS—ORDINANCE NO. 193,Third Series Barnhart stated this is an ordinance that attempts to give governments the ability to erect signs on their properties for government purposes. Currently City Code prevents signs from being erected by the City, Hennepin County,and/or the State of Minnesota in the rights-of-ways, such as regulatory signs. This ordinance attempts to clarify that government signs are exempt from the sign code. Barnhart noted this issue came to Staff's attention by the Hennepin County Water Patrol. The Water Patrol has identified a goal to install public service signs on the bridges. During the review process, Staff realized the City had nothing to regulate those signs and technically they are prohibited. This ordinance will allow signs for government agencies to be placed within the right-of-way. Page 20 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 24. #17-3926 CITY OF ORONO,TEXT AMENDMENT: EXEMPTION FOR GOVERNMENT SIGNS—ORDINANCE NO. 193,Third Series (Continued) Hennepin County Sheriff Storms stated what they are looking for are some basic public safety signs that can be installed to help alert people on the lake of approaching bad weather or other emergencies. Storms noted the signs would be dimmable and at night they will either not be lit or dimmed to avoid annoying the neighbors. Crosby moved,Printup seconded,to adopt ORDINANCE NO. 193,Third Series,an Ordinance Amending the Code of Ordinances Providing an Ezemption for Government Signs in the Right-of- Way. VOTE: Ayes 5,Nays 0. 25. ORONO PRESERVE—REQUEST FOR EARLY PERMITS Gaffron stated Orono Preserve is a residential development under construction at the southwest quadrant of Wayzata Boulevard and Old Crystal Bay Road. The developer and builder are requesting that building permits be issued for two model homes prior to the intemal road system reaching the minimum level of completion required by the Development Contract. Gaffron noted these two lots will not have direct access to Old Crystal Bay Road. Their driveways will be onto the internal parallel road. A berm separates the two lots from Old Crystal Bay Road. The developers have indicated that the two lots are accessible now by the yet-to-be paved gravel roadway and that existing fire hydrants are within 400 feet of each lot,and they plan to have the roads completed and paved by May 31. Staff has the following concerns relative to this request: 1 Parking and traffic management relative to Old Crystal Bay Road and the immediate internal road system. 2. Emergency access to the sites. 3. Impacts to the integrity of the gravel road base. 4. Establishment of existing and fmal grades for permit approvals. 5. Address and road signage identification for the sites. 6 Precedent-setting potential for any other subdivision that has one or more lots abutting an existing public road. Page 21 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 25. ORONO PRESERVE—REQUEST FOR EARI.Y PERMITS (Continued) Staff's initial answer to the developer's informal request earlier this year was,no,that the City does not issue permits before the initial lift of asphalt is in place. The subsequent formal request via letter has prompted Staff to consider whether there are factors so unique to this specific proposal and location that approval would not become precedent setting. In the past the City has consistently followed the Development Agreement provisions. Some potential justifications to approve the request might include accessibility of existing fire hydrants and assisting the developer in their marketing efforts. Potential reasons to deny the request include the potential need for road base reconstruction due to damage during home construction,weather conditions that could impact drivability of the gravel road surface, and a potential conflict between home construction traffic and parking. Staff recommends denial of the request. If the Council chooses to grant approval, Staff recommends the conditions outlined in Staffls report be attached to that approval. Walsh asked whether the City has ever made an exception like this. Gaffron stated he does not remember one. Stephanie Simenstad,Project Manager with The Excelsior Group, LLC, stated there will be significant access to both of these lots and also significant construction parking that will be out of the way of any emergency vehicles. Due to a very wet fall, construction on the site was delayed and that they are attempting to give David Weekly Homes the ability to have two model lots going. Paving is expected to be completed by May 31. Crosby asked what the distance is between Old Crystal Bay Road and these model homes. Gaffron stated the fire hydrant is located across the street and with an 80-foot right-of-way, it is probably 200 feet from that hydrant to either building. Walsh stated the main issue is the structural integrity of the roads and that they will not know if there is some failure of the road base until later. Simenstad stated they do not plan on paving right over the existing gravel road and that the road will have to pass a new roll test and all engineering standards prior to installations of the first lift. Page 22 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 25. ORONO PRESERVE—REQUEST FOR EARLY PERMITS (Continued) There were no public comments regarding this application. Seals stated the fact that the City has not approved this type of request before, in her view the City should stick with past practice. Simenstad stated to her understanding Adam Edwards felt it was a reasonable request and that the memo from Bolton&Menk was written last fall. Simenstad stated they are 45 days out from full pavement and that this would give the builder 45 days to get a model lot under construction. Simenstad stated she understands the point of not having done it before. Walsh asked if Staff can comment on Adam's comments. Gaffron stated Adam Edwards wrote the following: "From the Public Works/Engineering perspective,I recommend approval of the request so long as appropriate safeguards are in place. 1. No occupancy is to be granted until the development improvements are completed and accepted by the City. 2. The construction entrance and graveled roadway must be sufficient to handle both the construction traffic as well as the parking for contractors working on the homes. No construction traffic or parking on Old Crystal Bay Road or CSAH 112. 3. The roadway subgrade will be re-inspected/roll tested prior to paving." Gaffron stated as long as they have the ability to handle the traffic onsite,the City Engineer is okay with the request. Gaffron stated his experience has been that once there is damage to the subbase,it does not always come out as good as you would like. Gaffron noted these will be public roads rather than private and that the City will be maintaining it as opposed to a private association. Gaffron stated the other concern is that it could be precedent setting. Staff is recommending denial,but if there is a chance the Council will approve it, Staff would recommend the conditions outlined in Staff's report be attached. Walsh stated given the fact that it is a public road,the Council is here to safeguard the citizens and that he does not think the City wants to allow a potential issue down the road. Walsh stated the City or developer cannot help the fact that it was a wet fall but that the developer is expecting the road to be paved by May 31,which is not that far off. Page 23 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. 25. ORONO PRESERVE—REQUEST FOR EARI.Y PERMITS (Continued) Crosby stated he would also be concerned about access for emergency vehicles. If there is a wet spring, it will be harder to get emergency vehicles in there. Crosby stated he also does not want to set a precedent. Printup and Dankey indicated they are in agreement with everything that has already been stated. Printup moved,Crosby seconded,Orono Preserve,to deny the request for early permits. VOTE: Ayes 5,Nays 0. MAYOR/COUNCIL REPORT Seals stated she has nothing to report. Printup commented he likes the new Consent Agenda heading on the Agenda. Printup noted yesterday was the Long Lake Fire Department pancake breakfast and that it was the largest crowd he has ever seen at this event. Printup stated Congressman Paulsen was there. Printup stated with the construction on Old Highway 12,perhaps the Mayor and City Administrator could reach out to Long Lake to see if there is anything the City can do to help out the business community. Printup stated he likes the new sidewalk idea but that this project will cause a lot of disruption for a few years. Seals stated she is still getting residents calling about Highway 112 and asked whether there is anything the Council can be doing. Reeder stated at this point the City is pretty much locked into the design for Phase 1 and that there will likely not be many changes. Walsh stated he and Adam Edwards are working with Hennepin County on a few changes to Phase 2 of the project. Crosby encouraged the residents to support the local businesses along Highway 12 during the construction process. Dankey stated she had nothing to report. Walsh reported he attended the Lake Minnetonka Mayor's meeting on Monday and that Senator Osmek, Representative Hertaus,and Hennepin County Commissioner Jan Callison in attendance. Walsh noted the Mayor for Mound did say they followed Orono's leadership on sex offenders. Page 24 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (Continued) Walsh stated on Tuesday he will be attending the Western Cities mayors meeting. Walsh noted the Lurton Park grand opening is scheduled for Saturday,Apri129. Walsh stated he has observed a lot of activity going on there since it was converted to a dog park. Walsh noted Apri130 is the Step-To-It-Challenge and that there will be a 2-mile walk that day. Walsh stated some of the Girl Scouts will be going on the walk with him. Dankey stated the Drug Take Back day is scheduled for Apri129 at the Public Works Building from 8 to 2 a.m. CITY ADMINISTRATOR'S REPORT Reeder reported the City received 38 applications for the city administrator's position and that those have been reduced down to 13 applicants. Reeder stated the recruiting company would like to meet with the City Council on April 17 or Apri124 to talk about the surveys and the applicants. Walsh suggested the representative attend the work session on Apri124. CITY ATTORNEY'S REPORT Mattick stated in regards to concrete crushing operations,there are no permits necessary when a concrete crusher is located in the right-of-way along a county highway. Walsh stated it sounds like they will still need to follow the City's regulations. Mattick stated on land that is owned and controlled by MN/DOT,the City has very little control over the operation. Mattick indicated the State is not bound by the passage of a law unless the words of the act leave no doubt as to the intention of the legislature. Mattick stated this is not an uncommon issue for cities but that different communities have had success in approaching the state and notifying them when there is a problem. Mattick stated it is a little different when it is located on private property and that the contractor is required to follow certain City regulations. Mattick noted Senator Osmek has provided the contact at MN/DOT if there is a problem with the Highway 12 proj ect. Walsh stated the City could reach out and find out what restrictions are being placed on the contractor in the event a citizen has a complaint. Page 25 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,Apri110,2017 7:00 o'clock p.m. CITY ATTORNEY'S REPORT (Condnued) Mattick indicated he will work with Staff on that item. Walsh suggested the City send out an email about it as well or put the information on the City's website. Mattick reported the City's ordinance on wind generators and solar was upheld on all counts by the Court of Appeals. Mattick noted there is still one outstanding opinion that should be published sometime in the next 30 day. ADJOURNMENT Printup moved,Crosby seconded,to adjourn the Orono City Council meeting at 9:38 p.m. VOTE: Ayes 5,Nays 0. ATTEST 1 Anna Carlson, City Clerk Dennis Walsh,Mayor Page 26 of 26