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HomeMy WebLinkAbout02-13-2017 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 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 Jessica Loftus, Community Development Director Jeremy Barnhart,Public Works Director/City Engineer Adam Edwards, Senior Planner Michael Gaffron,City Planner Melanie Curtis, City Attorney Soren Mattick,and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPOINTMENT/OATH OF OFFICE—RESOLUTION NO.6725 Mayor Walsh noted the City Council interviewed four candidates earlier this evening that are seeking to fill the vacant position on the City Council. Seals commented the Council interviewed four great candidates with diverse backgrounds,whicb is another reminder of how great the Orono community is. Seals stated after listening to all of them, she believes Wendy Dankey would do a good job given her background. Printup stated Jon Schwingler has experience on the Planning Commission,Georgette Jabbour has been a long-time member of the Orono community and has assisted with the safety improvements along Highway 12,and Brad Holt had a number of great life stories and experiences. Printup stated he would go with Ms.Dankey based on her background and experience with city matters. Crosby stated he would like to thank all four candidates for expressing interest in the position. Crosby stated Jon Schwingler is a strong candidate based on his Planning Commission experience,Georgette Jabbour has great experience with the Highway 12 situation,and Mr.Holt is a very interesting and intelligent gentleman. Crosby stated Wendy Dankey stood out to him based on her volunteerism,her backing of Orono schools,and expertise on other boards. Crosby stated in his view she will make an outstanding addition to the City Council. Crosby moved,Seals seconded,to adopt RESOLUTION NO.6725,a Resolution of Appointment, appointing Wendy Dankey to the unexpired term on the Orono City Council that expires on December 31,2018. VOTE: Ayes 4,Nays 0. The oath of off'ice was administered to Wendy Dankey. APPROVAL OF AGENDA Item Nos. 5,6, 7, 8, 10, 11, 13, 20, 21,and 22 were added to the Consent Agenda. Printup moved,Crosby seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *3. CITY COUNCIL MEETING OF JANUARY 23,2017 Page 1 of 18 MINUTES OF TI3E ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. Printup moved,Crosby seconded,to approve the minutes of the Orono City Council meeting of January 23,2017,as submitted. VOTE: Ayes 5,Nays 0. *4. CITY COiTNCIL WORK SESSION OF JANUARY 23,2017 Printup moved,Crosby seconded,to approve the minutes of the Orono City Council work session of January 23,2017,as submitted. VOTE: Ayes 5,Nays 0. PUBLIC COMMENTS None PUBLIC WORKS/CITY ENGINEER REPORT *5. ORDINANCE TO REPEAL THE WELLHEAD PROTECTION ORDINANCE— ORDINANCE NO. 186,Third Series. Printup moved,Crosby seconded,to adopt ORDINANCE NO. 186 Third Series,an Ordinance to Repeal the Wellhead Protection Ordinance,Code Section 14-142. VOTE: Ayes 5,Nays 0. *6. FUEL SYSTEM REPLACEMENT Printup moved,Crosby seconded,to accept the quote in the amount of$11,897 from Pump and Meter for the provision and installation of a new fuel management system. VOTE: Ayes 5,Nays 0. *7. PRESSURE WASHER REPLACEMENT Printup moved,Crosby seconded,to accept the quote of$9,486.52 from Hotsy Minnesota for the provision and installation of a new pressure washer system. VOTE: Ayes 5,Nays 0. *8. REPLACEMENT OF TRUCK NO.427 Printup moved,Crosby seconded,to approve replacement of Truck No.427,a 1999 Ford Sterling, with a 2017 Western Star 4700SF by Boyer Ford with body and plow work to be done by Aspen Equipment. VOTE: Ayes 5,Nays 0. 9. BIG ISLAND DOCKS DISCUSSION Edwards stated this item was placed on the agenda to give the City Council an opportunity to discuss what they would like to see happen on Big Island with regard to future disposition of the docks. There are currently two 80-foot long commercial docks at Big Island Park along with some ramps to access the Orono Big Island park portion. The existing docks have been there for almost ten years. The docks are pulled out of the water every year and then placed back in in the spring. The annual cost for installation and removal of the docks in 2016 was$8,000. Edwards stated the docks are commercial docks since it was envisioned that the Minnehaha boat would dock there periodically. Currently those docks are stored at no cost at one of the local marinas. Printup asked what the original purchase price was of the docks. Page 2 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. Edwards indicated he does not know that offhand. Gaffron stated to his recollection it was approximately$70,000 per dock. Edwards displayed some pictures of the docks being pulled out of the water. Crosby asked how often the Minnehaha stops at Big Island. Edwards stated he does not know that at this time but that it has been at least a couple of years since they have docked there. Seals asked how often the docks are used. Seals stated as a boat user she has never used the docks and that they would just beach their boat. Seals stated she is wondering whether the docks are really needed. Edwards stated the City does not have any cameras or counters on Big Island to determine how often the docks are used but that he has heard from some residents that they utilize the docks. Edwards stated the City does not have a boat of their own to check on the docks or the park. Mayor Walsh asked if anyone from the public would like to comment on this item. There were no public comments. Walsh stated by way of history,the park was owned by the veterans and they were experiencing some financial problems,which led to them wanting to sell the land. Three Rivers was originally going to be the buyer of the park and make it a regional park. The veterans were not in favor of making it a regional park and as a result approached the City of Orono. The State of Minnesota provided a$2 million grant and the Minnehaha Creek Watershed District was given an easement over a large portion of the park in exchange for$800,000. In addition,the Lurton family had donated$1 million to the City,which went towards the purchase. Walsh stated the Lurton family was unaware of that allocation and had threatened litigation after the fact,wluch resulted in the City smoothing that over. MN/DOT also provided$3,000 and the City of Orono contributed$1,550,000. Walsh stated what he has done over the past few years is to look at how to possibly unwind some of this but that it is difficult given the different parties and the easement. Walsh stated the City deemed it a passive park,which means that no building can occur in the park. Walsh stated if you look at who is really the model for a regional park,which this is really a regional park,the entity responsible for regional parks in the area is Three Rivers. Walsh noted Three Rivers owns a number of islands in the area and does not have any docks at any of their other passive parks. Walsh stated vandalism has been an issue whenever the City attempts to make improvements to the park and that the City does not have the resources to monitor the park since Orono is not a regional park manager. Walsh stated the park will stay a passive pazk and that his suggestion would be to follow the Three Rivers model for a regional passive park. Walsh stated if people want to throw their anchor and get out and walk around,they will still be able to do that. Walsh noted Three Rivers owns some land adjacent to the City park on the island and that perhaps the City could have Three Rivers mow their portion for a small fee. Walsh asked how often the City mows the park. Page 3 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. Edwards stated two to three times per year. Walsh stated perhaps an agreement could be reached with Three Rivers to mow the City's portion. Walsh stated the City should take an inventory of what is there against what the City bought and then look at possibly selling the park this spring or summer to the best operator. Walsh stated one of the things they did talk about with the Parks Commission was having private/public partnerships. Walsh noted an Excelsior group came to the City asking permission to put public ski paths on Big Island and the City allowed that. Walsh stated the current public partnership is that the City owns the land but that someone else may want to use the park on a passive basis. Walsh stated he would open that idea up to the public about how to make use of the island through a public/private partnership. Walsh stated perhaps someone from the public might want to put a dock out there and that Orono will listen to that request. Walsh stated Orono is not a regional park operator and that they should not be in the business of operating a regional park. Printup moved,Crosby seconded,to no longer provide dock access to Big Island,to revise the Park Management Plan,and to start the process to sell the docks. Dankey stated she has observed the docks but that she has not witnessed anyone using them. Dankey stated the City could perhaps place a camera out there to see what type of usage there is. Walsh noted the park is not limited to just Orono residents. Seals asked if there would be any issues with selling the docks. Edwards stated the docks are currently in storage at Shorewood Yacht Club,which is at Tonka Bay Marina. Walsh stated these are commercial docks and need to be removed via a crane. Edwards noted the City has the free storage for a limited time only and that it might be necessary to move them at some point in the spring. Edwards stated it would be pretty expensive to get a crane and tractor trailers and move them somewhere else. Seals stated Wayzata just put in some temporary docks that are already full and that Excelsior has limited parking for boats. Seals stated while she has never sold a commercial dock before,there has to be a need for them somewhere. Walsh commented there are a number of residents who reside on the lake who might be interested in them. Loftus strongly recommended the other stakeholders in the park be given notice of this since the management plan would change. Loftus stated those stakeholders have seen and agreed to the management plan and that the Council might value their input. Loftus stated the Council might also be interested in receiving public input to see whether there is a desire to retain the docks. Loftus noted one Page 4 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. of the main users of the dock is the Hennepin County Water Patrol,who is another stakeholder,and that they should receive notice if there is a public hearing. Walsh stated he appreciates those comments but that there is a motion on the floor. Walsh asked if there is any further comment from the Council. Crosby stated based on his experience, from a public safety standpoint,if the docks are not there, it is probably better since there tends to be issues with use of the docks at night and alcohol. Crosby stated in his view, from a public safety standpoint, it would be better if the docks were not there and that he would stand on his second. VOTE: Ayes 5,Nays 0. PLANNING DEPARTMENT REPORT *10. #16-3875-PILLAR HOMES OB/O WHITNEY WINDMILLER AND GREG BLASKO, 3295 CRYSTAL BAY ROAD,VARIANCE AMENDMENT Printup moved,Crosby seconded,to adopt the requested Variance Amendment to the Municipal Zoning Code Sections 78-350 and 78-1403 for Property Located at 3295 Crystal Bay Road. VOTE: Ayes 5,Nays 0. *11. #17-3886-HENNEPIN COLTNTY,3380 SHORELINE DRIVE,CONDITIONAL USE PERMIT: ESSENTIAL SERVICE—RESOLUTION NO.6718. Printup moved,Crosby seconded,to adopt RESOLUTION NO.6718,a Resolution Approving a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-946. VOTE: Ayes 5,Nays 0. 12. #17-3887-REVISION,LLC,OB/O GEOFFREY AND STEPHANIE MARTHA,2092 SHADYWOOD ROAD,VARIANCES—RESOLUTION NO.6719. Curtis stated the owners of the property are planning improvements to make the small home on the property more functional as well as preserve the character of the home. The applicants are proposing to connect the home to the existing detached garage,which requires a side setback variance. T'he variance would allow a 1.3 foot principal structure setback where a 10-foot setback is required. Because the connection would result in the detached garage becoming part of the principal structure, it would not be located closer than it exists currently at 1.3 feet. The applicants propose to construct a new detached garage and have revised their plans to conform to the 25 percent hardcover requirement as recommended by the Planning Commission. Based on the revised plans, Staff recommends approval. A draft approval resolution is before the Council tonight for consideration. Walsh stated he wanted one clarification under the conclusions, order,and conditions. Walsh stated he would like to make sure that the height of the structure would stay the same. Page 5 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. Curtis indicated that is correct. Curtis stated they would not be allowed to expand the structure within the 10-foot setback without Council approval. Walsh stated he would like the conclusions to actually state that. Walsh asked if they could make the structure higher. Curtis stated they would require City Council approval to expand the structure within the 10-foot setback and that they are locked into the current footprint and size of the structure. Walsh stated he does not want a future property owner to think they can tear down the structure and replace it with a higher roofline. Printup asked why one of the Planning Commissioners recused herself from voting on the application. Curtis stated to her understanding the commissioner recused herself because she is utilizing the same contractor for a project at her home. Crosby moved,Dankey seconded,to adopt RESOLUTION NO.6719,a Resolution Approving a Variance From Municipal Zoning Code SecNon 78-350,File No. 17-3887,for the property located at 2092 Shadywood Road,with the conditions being amended to reflect that the height of the structure cannot be increased. VOTE: Ayes 5,Nays 0. *13. #17-3888-BRUCE QUAM OF DJ KRANZ COMPANY,INC.,OB/O GOOD SHEPHERD LUTHERAN CHURCH,3745 SHORELINE DRIVE,CONDITIONAL USE PERMIT: ADDITION—RESOLiJTION NO.6720. Printup moved,Crosby seconded,to adopt RESOLUTION NO.6720,a Resotution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Section 7&348(5),File No. 17-3888, for the property located at 3745 Shoreline Drive. VOTE: Ayes 5,Nays 0. 14. #17-3889-TIMOTHY AND JANE WHITE,2170 PROSPECT AVENUE,VARIANCES— RESOLUTION NO.6721. Curtis stated the applicants have requested variances in order to construct an addition to the home on the north side,which will encroach into both the side street and side setback areas of the property. A 50-foot setback is required from Briar Street and a 30-foot setback is required from the east side lot line. Curtis noted the lot line angles on the Briar side,with the addition being proposed to be located as close as 18 feet from the lot line. The Planni-ng Commission recommended approval of the variances. Curtis stated a draft approval resolution is before the Council for their consideration tonight. Walsh asked if the shed has been removed already. Curtis stated to her understanding the shed would be removed as part of the building permit. Walsh stated he would like that item included under the conclusions,order and conditions section of the resolution as well. Page 6 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. White stated he was planning on picking the shed up with a bobcat when the holes are dug and that he is trying to avoid hauling a machine in to move it now. Walsh noted removal of the shed would be part of the conditions for the variance. White indicated he would be happy to move it. White stated he lives out in Mayer and that it would be cumbersome to bring in some equipment to move it now. White stated he would like to do it at the time the addition is constructed. Crosby moved,Seals seconded,to adopt RESOLUTION NO.6721,a Resolution Approving Variances from Municipal Zoning Code Section 78-420,File No. 17-3889,for the property located at 2170 Prospect Avenue,with the condition that the shed will be removed under the conclusions, order and conditions. VOTE: Ayes 5,Nays 0. 15. #17-3890-DENALI CUSTOM HOMES OB/0 STEVE AND STACIA ANDERSEN,517 FERNDALE ROAD NORTH,AFTER-THE-FACT VARIANCE—RESOLUTION NO.6722. David Bieker,Denali Custom Homes,and Steve Andersen,Applicant,were present. Curtis stated the applicant is requesting approval of an after-the-fact variance to permit two entrance monument pillars to remain as constructed 3.5 and 4 feet from the pavement of the road where a 10-foot setback is required. At their January meeting,the Planning Commission held a public hearing and reviewed the application. Following the public hearing and discussion,the Planning Commission voted 4-0 to deny the request for after-the-fact variances. A draft resolution based on the Planning Commission's recommendation has been provided for Council's consideration. David Bieker, 17229 Fagerness Point Road,Denali Custom Homes, stated Denali always tries to abide by the rules of the City and the building permit process. During the construction of the home,a building permit was pulled. As part of the process of this application, a landscape plan was not required but is required as part of a building permit now. Bieker stated had a landscape plan been required,they probably would not have encountered these issues. Bieker stated as they moved through the construction of the home,they came to a point where they could put a landscaping plan together. A pool was also going to be constructed on the property. The permit was pulled for the pool and the survey was updated during that process to show all the landscaping features as well as the monuments. It was noted on the landscaping plan that these structures would be constructed on the property. Bieker stated they were not aware they needed a separate monument permit separate from the building permit. Bieker indicated they were under the impression that this was an actual road since it is deemed a private road. Bieker stated Denali built the house to the east of this property as well and everyone in the neighborhood always referred to it as a private driveway. The road is not maintained by the City, is not lighted,and there are many obstacles located closer to the road than the monuments, such as trees and Page 7 of 18 MINUTES OF THE ORONO CITY COUNCII,MEETING Monday,February 13,2017 7:00 o'clock p.m. brush,telephone poles, fences,and large boulders. Bieker stated during the construction of the monuments,they thought it was a private driveway and therefore the setbacks would not be applicable. Bieker stated they were informed the monuments were too close to the road after the as-built survey was submitted. Bieker noted the property line goes almost to the center off the private road and the pavement actually gets wider in that area. Bieker stated people tend to stay further away from the monuments than what it appears from the photographs. Bieker stated he is here to talk about the intent of the ordinance. In Planning StafPs report and in the proposed resolution it talks about accepting variances that are in harmony with the general purpose or intent of the ordinance. Two items that were pointed out was that they are attempting to maintain a clear zone off the roadway to preserve visibility through the roadway and to allow for snow removal, snow storage,and maintenance of the road. Bieker stated as the Council can see from the pictures,there has been no problem with winter maintenance of the road,which is done by the homeowners and not the City. There also was not an issue with snow removal from the Andersen's property. Bieker stated the monuments are also lit,which has been helpful to the people who tend to walk along the roadway. Bieker noted people cannot park on the street and that it is literally wide enough for one car to go down. Because this lot was vacant for a number of years,people started to use this property as a place to pull off onto in order to get out of the way of another oncoming car. As a result,people are now driving into Mr. Andersen's property and onto his landscaping. Bieker stated the monuments help in several different ways and that they do not feel the monuments are going against the intent of the ordinance. Bieker stated if this was a busy city street and being maintained by the City,he could see some concern,but that in their view the mon�ments do not go against the ordinance. Bieker stated for those reasons he would ask the City Council to consider allowing the monuments to stay. Bieker stated had they been informed during the permitting process and turning in their surveys,they would have placed them in a different location. Bieker noted the house is very close to the road due to the wetlands on the property and the configuration of the septic system. In addition,anybody who visits the property has to park in the driveway since there is no on-street parking. Andersen stated the residents are responsible for the snow removal on the road and that he has talked to the contractor and the monuments have caused no issues. Andersen indicated he also spoke with the trash/recycling contractor and he has not had any problems. Andersen noted the road is wider in that section by the monuments and that other people on the roadway have boulders and monuments and trees within ten feet of the road. Andersen stated his monuments are lit and helps the people who are walking down to the park. Andersen stated from a safety standpoint,the monuments are an improvement. Andersen stated he also has a neighbor who provided a letter in support of the monuments. Andersen commented they are not trying to do something after the fact but that they were trying to do something that looked nice and improve the safety in the area. Bieker stated the neighbor who submitted a letter opposing the monuments has now submitted a letter in support of the monuments. Page 8 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. Bieker noted Staff met with him on the site and they discussed the monuments. Bieker stated they are not asking for something that is not reasonable and that the City Engineer commented that the City always would like things further away from the road,but given the uniqueness of the area and the other obstructions along the road,there is not really a safety concern. Bieker stated at one time the road was probably a gravel road and was paved at some point. Edwards stated normally on a residential road,the City would like a 10-foot clear zone on either side of the road. Edwards indicated the City rarely gets a 10-foot clear zone on this type of road so the City attempts to get five feet. In this particular case,the road is a low volume, low speed residential road with all kinds of obstacles less than five feet from the pavement on either side of the road. Edwards stated while the City would always like to error on having as much clear area as possible,he does recognize on this particular road that there all kinds of things that are closer to the road than five feet. Crosby asked if the City Council has a copy of the support letter from the neighbor who originally was opposed to it. Curtis indicated it would be Exhibit I. Bieker stated the neighbor who had concerns about it is located directly adjacent to the Andersen property. Bieker stated in his view there are other issues going on that started the day they began construction and have nothing to do with the monuments. Bieker stated the only thing about that particular letter is the neighbor said he spoke for all the neighbors and he did not. Printup asked why this is considered a city road when it is a private driveway. Edwards stated it is a private road and is a platted right-of-way. The road has a 25-foot right-of-way in sections but in some sections it has 0 feet right-of-way. Walsh stated in order to receive a variance,the applicant needs to demonstrate a practical difficulty and that the Council is not here to design the applicant's house or driveway. Walsh stated whenever someone constructs a structure like this,they need to have a footing inspection and an electrical inspection. Walsh stated a contractor who does construction like Denali should know those things and that he is struggling with finding a practical difficulty. Walsh commented rules do not make everyone happy but that he cannot find a practical difficulty. In addition, Staff and Planning Commission also could not find a practical difficulty. Bieker asked why the Council would not be able to grant a variance if something does not go against the intent of the ordinance. Walsh indicated he needs a practical difficulty according to the law. Bieker stated if the intent is for specific reasons and those reasons are not being violated,he does not understand why they would not be granted a variance. Bieker stated elected off'icials have the authority to make decisions on what is right for one location and not right for another. Bieker stated the monuments are not offending or going against the intent of the ordinance. Walsh stated the City Council is looking at it from a different perspective. Walsh noted a footing inspection would have been required as well as an electrical inspection and those would have alerted them that the monuments are not in the right location. Page 9 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. Bieker indicated there were numerous inspections done on the property during the construction of the home,pool,and monuments. Bieker stated the person from Denali in charge of this project is no longer with the company and that he cannot answer why it was not brought to the homeowner's attention. Bieker stated things change during the construction process and the monuments were denoted on the surveys that were submitted well in advance of construction and nobody brought it to their attention. Bieker stated they were trying to be forthright and showing what they were doing but no one brought it to their attention that a variance was required. Crosby asked if the monuments were shown on the original plans. Bieker indicated they were not but that there were numerous surveys submitted. The landscaping plan was submitted when the pool permit was pulled. In addition,on the hardcover worksheet it noted proposed monuments as well as on the surveys. Walsh noted the City Council recently reviewed an application where someone constructed an 8-foot trellis and in that situation the plans appeared to indicate a small wall. Because they did not submit an elevation drawing, it was not clear that there would be an 8-foot trellis. Crosby asked what the normal setback is. Curtis indicated it should be 10 feet from the paved roadway. Curtis stated this lot is unique in that the lot line goes into the road. Bieker stated they meet the lot line setback but they do not meet the road setback. Bieker stated most roads would have an easement along the road for drainage and utilities and most properties actually do not start until further back. Andersen commented there are people with fences and boulders and monuments already closer than the ten feet. Crosby asked how many other homes in Orono he has constructed. Bieker indicated it is a lot. Walsh stated the inspectors come to a site with a sheet of what to inspect and that they do not look for other items. Walsh stated contractors would not be happy if the inspectors just walked around the site looking at things. Walsh stated this comes down to a practical difficulty. Walsh stated if they would have had a footing inspection,they would have found that out before the monuments were constructed. Bieker indicated he did not know of this until he received the notice and that he did not know he required a separate permit for the monuments. Seals commented she would have thought the builder would have known a permit was required on the electrical alone. Page 10 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. Bieker stated they were issued a building permit to construct the home and that the monuments were depicted on the survey. Curtis stated typically the electrical inspector will walk the site and that it is likely that was covered under their electrical permit. Curtis stated the City,however,does not have a footing inspection for the monuments. Beeker stated he wants everyone to understand that this was not done intentionally. Walsh commented it is a bad situation and unfortunately there is not a practical difficulty. Walsh stated the City cannot have people building stuff wherever they want,which is the reason for the rules. Crosby stated he is conflicted and that it is unfortunate the monuments were not caught earlier. Bieker indicated the monuments cannot be moved and would have to be destroyed. Andersen stated the person who previously owned this land would drive across his bushes and lawn and park near his trees prior to the construction of the monuments. Andersen stated between that neighbor and other people pulling off the road onto his property because it is one lane,he was having cars put ruts in his lawn which he has had to fill eight times. Seals stated she understands his situation but that he cannot put a monument up that close to the road. Andersen stated his neighbor installed bollards two inches from his driveway and that other people have put up permanent stakes along the road to stop people from pulling into their yards. Printup moved,Seals seconded,to adopt RESOLUTION NO.6722,a Resolution Denying Variances from Municipal Zoning Code Section 78-1405,File No. 17-3890,for the property located at 517 Ferndale Road North. VOTE: Ayes 4,Nays 1,Crosby Opposed. 16. COMPREHENSIVE PLAN UPDATE Barnhart stated the City is scheduled to start the Comprehensive Plan Update later in 2017 and it is due to the Metropolitan Council by the end of 2018. Barnhart stated his goal is to have the City Council review and hopefully approve a recommended amendment sometime in 2018,which should give the City plenty of time to negotiate with the Metropolitan Council. Barnhart noted Staff and the City Council have been working on a number of issues. One is the question of density. The Metropolitan Council requires areas that are served by MUSA to be at a gross density of 3.0 units per acre. Currently the City has a number of areas that are at a lower density, such as the bigger lots along the lakeshore to help with water quality issues. Barnhart indicated the City in the past was required to identify certain areas within the community for higher density. Orono Preserve was originally guided for density at 10 units per acre but was developed at three units per acre. Eisinger Meadows was guided for 10 to 15 units per acre and likely will be developed at five units per acre. Barnhart stated those reductions in density forced the City Council to identify other areas for higher density. Page 11 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. Barnhart stated that has been accommodated to some degree with the most recent amendment with the Shadywood Villas development in the Navarre area. Also identified were some higher density areas for redevelopment in Navarre. Barnhart stated with the new update,the City likely will have to identify some other areas. Barnhart indicated designating higher density is not as simple as picking an area away from all residential and saying this is where the higher density should be but that there are other factors involved that will be worked on through the process, such as access to highways and bussing. Barnhart indicated the City will need to look at that in conjunction with the density issue. Barnhart stated the other issue is the Navarre area and that the update is a great opportunity to establish a vision for that area. The density and business culture of the Navarre area provides a unique opportunity to establish a city center type environment. In the past the Council had a vision for that area that was somewhat different from the Comprehensive Plan and this would be an opportunity to look at that as well as possible streetscaping improvements or a parking lot. Bamhart noted another area the Council will be looking at this year is smaller residential lots and the issues associated with small lots,such as lot area,width, setbacks,and density. Barnhart stated it is his understanding the Council would like to review this issue separately from the Comprehensive Plan Update. Barnhart noted the City did include in its budget for this year a planning consultant to assist with a focused plan for a small area of the City. In addition, Staff recommends using a taskforce type committee to obtain community feedback. The Project Advisory Committee would include two council members,two planning commissioners,a park commissioner, along with two to four citizens. Barnhart noted he has received three residents' names from Mayor Walsh already. This committee would provide advice to the planning team. Staff would like to solicit volunteers from the various commissions to be formally appointed by the Council at the next meeting. This committee would meet monthly. Barnhart noted that Staff had originally planned on doing the Comprehensive Plan Update in house,but given the anticipated workload, Staff cannot internally complete the Comprehensive Plan unless the planner position is filled. The City is required to submit the draft to the Metropolitan Council by the end of September,2018. Barnhart stated Staff is looking for direction to solicit volunteers to the Project Advisory Committee. A rough draft of this year's schedule has been included in the Council packet. Barnhart noted the City Engineer has already started updating of the mapping and that the mapping will need to be reviewed by outside agencies. Barnhart stated Staff had wanted to start this process in February but that he is now looking to start the process in March or April. Walsh asked if anyone from the public would like to comment on this item. Randi Carlson, 1185 Arbor Street, stated she and her husband have resided in the Crystal Bay neighborhood for 33 years. The neighborhood is sewered and is zoned two acres but consists almost exclusively of very small lots. Some of the lots are as small as a tenth of an acre. Page 12 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. Carlson stated she is here tonight to request that her neighborhood and other small neighborhoods be given the opportunity to have conversations regarding their zoning designations. Carlson stated in her view it is most appropriate that these discussions be held as part of the Comprehensive Plan update and that she would like to know what to do from this point. Walsh suggested she provide her name to Mr. Barnhart if she would like to be involved in this process. Walsh commented the more people involved,the better. Carlson asked if the small lot neighborhood zoning will be part of the Comprehensive Plan Update. Printup stated his idea was to keep it separate from the Comprehensive Plan Update and have a discussion on what can be done to help out the smaller lot neighborhoods. Printup stated one of the things that the Council talks about quite often is that it does not make sense to have two-acre density apply on some of these smaller lots. Carlson stated the intent back in the 1970s was that people would purchase more than one lot and create bigger lots. Carlson stated that has not happened in her neighborhood. Printup commented that discussion has not gone anywhere but that he has been advocating for that discussion because some kind of attention needs to be paid to those issues. Carlson asked why that discussion would be separate from the Comprehensive Plan Update. Carlson stated an email discussion she had back in 2013 with Planner Gaffron suggested to her that to change the zoning would take an amendment of the Comprehensive Plan,that it would be very time-consuming for Staff, and that the time to do it would be during the update. Printup stated maybe what she is interested in is subdividing. Carlson stated her standpoint was not solely for herself but as someone who lives in the area for 33 years. Currently people in her neighborhood have great difficulty building a garage or remodeling their house the way it would be aesthetically the best because they are impeded by the variance process and the costs. Printup asked if there is a way to do that without changing the zoning. Carlson stated most likely not,especially when the lot is only a tenth of an acre but is in a two-acre zone. Printup stated that is why he is eager to have that conversation. Walsh stated the Council is looking at the issues involved with smaller lots and how the process can be made easier. Walsh stated he is not sure the Comprehensive Plan Update process will solve those issues. Barnhart stated to his understanding previous Councils have recognized there is a problem with the smaller lots but that they need to look at the whole city comprehensively. Barnhart stated the reason why it is being recommended to break it apart is to allow a more detailed discussion on those issues. Barnhart stated the end result may not be a rezoning but rather revising some of the regulations. Barnhart stated the expectation is to move the discussion on the smaller lot neighborhoods to the front of the line and that it may require a Comprehensive Plan amendment or it may not. Page 13 of 18 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,February 13,2017 7:00 o'clock p.m. Walsh stated they would be having the discussion on multiple fronts,both as part of the Comprehensive Plan Update as well as part of a review of the zoning ordinances. Carlson stated Council Member Printup is partially right in stating that her lot is the only conforming property within this zone since they have more than three acres. Carlson noted they would not be able to subdivide at this point but that it would be nice to be able to consider that. Carlson stated they do not have any intent at the moment to sell but that it would be nice to have a different zoning for the neighborhood. Carlson asked if Mayor Walsh is saying that they would address this ahead of the Comprehensive Plan and then it would become part of the Comprehensive Plan Update. Walsh stated those conversations would be part of a review of the City's zoning regulations,which would be separate from the Comprehensive Plan Update,in order to determine what would be the best for those kind of lots. Carlson stated what she is requesting is that those conversations happen ahead of the Comprehensive Plan so it can be incorporated into the plan. Barnhart stated the Council will have time to review those issues but that he does not know what the solution is at this point. Barnhart stated it may be rezoning of the area or changing the setbacks but that they first need to identify the problems and then come back with solutions that do not create any unintended consequences. Walsh asked if there is any further public comment. No further public comment was received. Seals commented she did walk around the Crystal Bay neighborhood with Council Member Printup and that it is a unique area. Walsh stated the more volunteers,the better,but only to a point. Walsh asked whether Staff will bring some names back to the Council for appointment. Barnhart indicated he will. Barnhart noted the appointment will be an eighteen month commitment and that at this point Staff would like to collect names and then bring those back to the City Council. MAYOR/COUNCIL REPORT Seals reported she attended Fun Fest and that it was a great event. Seals commented she was hoping to experience the BIAB but that the weather was too warm and the event had to be cancelled. Printup stated on Apri129 there will be a drug takeback that will occur at Orono Public Works. Printup commented the media has been busily reporting on the opiate epidemic. Printup stated he also read something about a lot of bills being introduced in the State Legislature to address cities' concerns with the Metropolitan Council. Printup stated Orono should consider whether Page 14 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. they want to send letters to the sponsors of these bills about being a low density city and the Metropolitan Council wanting to go the other way. Crosby reported the Orono Dance Team is going to state competition for jazz and their kick line. Crosby encouraged everyone to be careful on the ice since the ice in some areas is not very safe and people need to remain vigilant. Dankey stated Fun Fest was fun. Walsh stated he also attended Fun Fest and that his daughter won the 5-foot bear. Walsh stated he also attended the pre-40t''birthday party event in Maple Plain for Council Member Printup. Walsh stated one of the goals of the Council for this year is to simplify the variance process and that the Goal Review Committee has been moving forward with their review. Walsh stated some of the items the City is considering is getting rid of escrow requirements,reducing fees,and simplifying the process. Walsh noted at the last Council meeting they discussed the need for a new planning person and that he would like to set up an organizational chart committee to review the duties and responsibilities of each Staff inember. Walsh stated he would like to appoint Council Member Seals and Council Member Printup to that committee. Walsh reported that he and Council Member Seals are also on the communications committee and that they recently met with the City Administrator and the previous City Clerk. A discussion was had about bringing the City's website, Facebook, and other technology together to make it more user-friendly. Walsh noted the City brought in more revenue than anticipated in 2016 and that they are looking at adding some of the additional revenue to the Pavement Management Fund so the City will be able to do more road projects. Walsh stated he also received a letter from Mr. Cassidy and Mr.Ristad at 1005 Old Long Lake Road regarding the trail connection that will be put in. Walsh noted he had notified the neighbors that this was on the agenda previously since the project will disrupt the use of their property. Walsh stated he understands Hennepin County did send a letter to the resident but that it was really a letter explaining what they will be doing. Walsh commented he is hoping Hennepin County will reach out to that resident and that perhaps Staff can help facilitate with that in order to alleviate some of their concerns. Walsh noted when the proposal came to the Council,he and Council Member Printup voted no due to some of those issues but that they were outvoted 3-2. Walsh stated he hopes Hennepin County will have some conversation with those residents. Seals asked if there is any way to foster that conversation so the residents feel there is an opportunity for open dialogue. Seals stated she is not sure if the plan can be changed at this point. Walsh suggested the City Administrator copy Hennepin County on the email response to the property owner. Page 15 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. Loftus noted there is a face-to-face meeting with those residents in two days with Hennepin County. The City Engineer will be present on the City's behalf. Edwards stated Hennepin County is approximately 60 percent complete on the design at this point. Walsh noted one other item being considered is whether the golf course should go back under the purview of the Parks Commission. Rick Meyers,Park Commission Chair, stated perhaps the Park Commission could work through some of the issues and show them what is planned to see if there are any options on the trail. Edwards stated with these county road projects,there is a project advisory committee that is made up of elected officials and staff to discuss the issues and that the committee already exists on the trail project. Loftus commented Mr.Meyers could attend the meeting that is scheduled on February 15. Loflus stated Hennepin County prior to this point has largely focused on the drainage at the south end of the road. Loftus stated the committee was formed a couple of years ago and that they have been meeting on a regular basis. Meyers stated the Park Commission does not want to push things through that people do not necessarily want. Edwards stated one of the reasons it was brought to the Park Commission was to have that public outreach and dialogue. CITY ADMINISTRATOR'S REPORT 17. SELECTION OF INTERIM CITY ADMINISTRATOR Loftus stated beyond sharing the list with the Council, she has not been involved in the interviews regarding the selection of the interim city administrator. Walsh stated at the time of the last Council meeting,the list had been narrowed down to two people, Edward Shuckle,Jr.,and Doug Reeder. Walsh noted at the Council meeting he had asked Council Members Printup and Crosby to reach out to those two candidates and have a discussion with them. Walsh stated he would like to select one of the two gentlemen at this meeting so there will be a week transition period prior to Ms. Loftus leaving. Seals stated both of the candidates had a great amount of experience with the area but that Doug Reeder stood out in her mind as having a good understanding of the issues. Seals stated to her knowledge he was the interim manager for Wayzata and has also worked with the Waters group in the past. Seals stated she would like the City Council to look at him as a replacement since he has a good understanding of what the City is looking for and will fit in well with City Staff. Printup commented both candidates have a lot of good experience and understand the nuances of the lake area and the City of Orono. Printup stated he would tend to lean toward Doug Reeder. Crosby stated he also liked Doug Reeder and that his recommendations from Wayzata were outstanding. Crosby stated in his view he would make a great addition to the City. Page 16 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 13,2017 7:00 o'clock p.m. Walsh stated he did reach out to some people who did know Mr.Reeder and that they felt he was very professional and knowledgeable. Walsh stated he would concur with the sentiment of the others on the Council. Seals,moved,Crosby seconded,to direct the City Attorney to negotiate terms of a contract with Doug Reeder. Vote: Ayes 5,Nays 0. 18. CLOSE FUND 317-2004 GO IMPROVEMENT REFUNDING BOND—RESOLUTION NO. 6723. Loftus stated this item,as well as Item No. 19, consists of closing a general obligation bond that has been paid off. The City is required by the state to collect 105 percent of the City's debt obligation so when a fund is closed out,there is a positive balance. Loftus stated that balance can be put toward the Pavement Management Fund or a different fund if the Council so chooses. Loftus noted the City was not able to close them out until the beginning of February but that there is the opportunity now to close out those funds and transfer the fund balance. Staff is recommending the balance be transferred to the Pavement Management Fund but the Council could consider another fund. Walsh noted the total is approximately$182,000 between the two and that he would recommend that the money be transferred to the Pavement Management Fund. Seals stated the Pavement Management Fund makes the most sense. Seals asked how long the money has been sitting there. Loftus indicated that the 2004 Bond had been paid off in 2013 and that the 2009 Bond had been paid off in 2016. Seals asked if there are any other funds that will be paid off in the near future. Loftus indicated there is not. Crosby moved,Dankey seconded,to adopt RESOLiTTION NO.6723,a Resolution to Close the 2004 General Obligation Refunding Bond Fund,and to transfer the equity to the Pavement Management Fund. VOTE: Ayes 5,Nays 0. 19. CLOSE FUND 320-2009 GO IMPROVEMENT REFUNDING BOND—RESOLUTION NO.6724. Crosby moved,Dankey seconded,to adopt RESOLiJTION NO.6724,a Resolution to Close the 2009 Generallon Obligation Refunding Bond Fund,and to transfer the equity to the Pavement Management Fund. VOTE: Ayes 5,Nays 0. *20. AUTHORIZATION FOR DISPOSAL OF WEAPONS Printup moved,Crosby seconded,to authorize the disposal of the weapons through Streicher's and Frontiersman as outlined in Police Chief Farniok's February 13,2017,memorandum,wit�the Page 17 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 13,2017 7:00 dclock p.m. money obtained from the disposal being used to purchase duty weapons and/or ammunition to be used by the department for practice shooting. VOTE: Ayes 5, Nays 0. *21. DISPOSAL OF BICYCLES Printup moved,Crosby seconded,to approve the disposal of ten bicycles to Mound True Value and WeCan. VOTE: Ayes 5,Nays 0. *22. LICENSES & PERMITS Residential Kennel License 1. Steve Bell and Jane Kline 4455 West Branch Road Printup moved, Crosby seconded,to above the above listed license. VOTE: Ayes 5,Nays 0. *23. CLAIMSBILLS Printup moved, Crosby seconded,to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ADMINSITRATOR'S REPORT, CONTINUED Loftus noted the City's open book meeting is scheduled for Wednesday, April 19, from 4:00 to 6:30 p.m., in the Council chambers. The open book meeting is an opportunity for residents to discuss any concerns or classifications they have with their property values. CITY ATTORNEY'S REPORT 24. CLOSED SESSION Walsh stated the City Council will go into closed session as permitted by the attorney-client privilege to discuss pending litigation between Matthew and Susanne Johnson/David and Archelle Feldshon and the City of Orono and also to discuss a potential settlement with the EPA. Printup moved, Crosby seconded,to go into closed session at 8:47 p.m. VOTE: Ayes 5,Nays 0. (The City Council went into closed session from 8:47 p.m.to 9:44 p.m.) ADJOURNMENT Printup moved, Seals seconded,to adjourn the Orono City Council meeting at 9:44 p.m. VOTE: Ayes 5,Nays 0. ATTEST / . l l �—=�r'� �- _..,\-� _ -K ;' � - -�-----__.__---� � , �C r,son, City Clerk Dennis Walsh, Mayor Page 18 of 18