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HomeMy WebLinkAbout05-22-2017 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 22,2017 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,and Aaron Printup. Representing Staff were City Administrator poug Reeder, Senior Planner Michael Gaffron,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. APPROVAL OF AGENDA 1. CONSENT AGENDA Item Nos. 12a and 12b were added to the Consent Agenda. Printup moved,Dankey seconded,to add Items No. 12a and 12b to the Consent Agenda. VOTE: Ayes 4,Nays 0. Printup requested Item No.9 be removed from the Consent Agenda. 2. CITY COUNCIL MEETING OF MAY 8,2017 3. CLAIMSBILLS 4. LICENSES—GARBAGE HAULERS 5. SURFACE WATER MANAGEMENT PLAN PROPOSAL 6. APPOINTMENT OF 2017 SEASONAL EMPLOYEES 7. #16-3822 LAKEWEST DEVELOPMENT,LLC,3245 WAYZATA BOULEVARD— RESOLUTION NO.6761 8. #17-3922 CITY OF ORONO TEXT AMENDMENT AND APPROVAL OF SUMMARY ORDINANCE FOR PUBLICATION: WETLAND REGULATIONS—SUMMARY ORDINANCE NO. 196 AND ORDINANCE NO. 196,THIRD SERIES 9. #17-3911 LAKEWEST DEVELOPMENT,LLC,3245 WAYZATA BOULEVARD INTERIM USES SUMMARY ORDINANCE—SUMMARY ORDINANCE NO. 196 This item was removed from the Consent Agenda. 10. CITY OF ORONO TEXT AMENDMENT: LIQUOR HOURS AND DAYS OF OFF SALE ORDINANCE NO. 197,THIRD SERIES 11. SPECIAL CITY COUNCIL MEETING FOR JUNE 2,2017 12. SPECIAL CITY COUNCIL MEETING FOR JUNE 3,2017 Page i of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 22,2017 7:00 o'clock p.m. 12a. CARMAN BAY LAKE IMPROVEMENT DISTRICT 12b. APPOINTMENT OF MARK KOHL TO THE LMCD Printup moved,Crosby seconded,to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None PRESENTATION 13. WESTONKA HISTORICAL SOCIETY UPDATE—PAMELA MYERS Myers provided an update to the City Council on the activities of the Westonka Historical Society for the first four months of 2017. Myers reported the organization is fiscally sound,thanks in large part to the year-end appeal challenge,and has a growing social media presence. T'he Historical Society continues to provide Saturday history talks,a quarterly newsletter,and will be celebrating the 100"'Anniversary of the Westonka High School in September. November 23,2017,from 10:00 to noon will be a local version of the Antiques Roadshow. The City Council took no formal action on this item. 9. #17-3911 LAKEWEST DEVELOPMENT,LLC,3245 WAYZATA BOULEVARD INTERIM USES SUMMARY ORDINANCE—SUMMARY ORDINANCE NO. 194 No staff report was given. Printup stated he would like to restate his position on this item. Printup noted this interim use request came about as a result of the Highway 12 improvement project and that one of the Planning Commissioners asked whether this interim use ordinance could be repealed after that project was completed. Printup stated he got the sense that there was an uncertainty about what it could be used for after that project is done. Printup stated while Orono has not had this tool available in the toolbox previously,he is still opposed to it. Mattick noted this is a summary ordinance and that it does require a four-fifths vote. If a four-fifths vote is not achieved,the City would have to publish the ordinance in its entirety. Dankey stated it was her understanding that it was only for this project and that it was only interim. Mattick indicated it is an ordinance change and that other entities could apply for an interim use permit. The City Council has the ability to repeal the ordinance at any time but it would be the law of the land until it is changed or repealed. Walsh commented this would give the City another tool to work with to give permission for some type of business operation on a temporary basis that would not otherwise be currently allowed. Walsh stated while the ordinance change came about because of the road construction project,it would give the City Page 2 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 22,2017 7:00 o'clock p.m. the ability in the future to approve other temporary business activities. Since the site is zoned residential, without the ordinance change,the property would be limited in what it could be used for until that development occurs. There were no public comments regarding this item. Printup moved,Crosby seconded,to adopt SUMMARY ORDINANCE N0. 194,Third Series,an Ordinance Amending the Orono Municipal Zoning Code by Adding Article XIV Regarding Interim Uses. VOTE: Ayes 4,Nays 0. PUBLIC WORKS/CITY ENGINEER REPORT 14. ANNUAL PUBLIC HEARING FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES)PHASE II STORM WATER PERMIT Edwards reviewed his May 22,2017,Staff inemorandum,noting that the City is required to hold a public hearing tonight to receive public input and comments regarding the City of Orono's Storm Water Pollution Prevention Program(SWPPP). An additional requirement of the permit is to prepare and submit an annual report to the MPCA. Staff has prepared that report and will submit it to the MPCA following this meeting. The City's storm water infrastructure has also been included in the asset management system. Walsh asked how the City's asset management system that was approved in 2015 has been working. Edwards stated the new system has been functioning well. Some of the assets that had previously been included in the system were the City's road system,water system,and sewer system. Walsh noted the system is like a 3D version of Orono showing all the infrastructure of the City. As new assets are brought in,those are put on the system,which then allows Staff to track when repairs were made. Mayor Walsh opened the public hearing at 7:28 p.m. T'here were no public comments. Mayor Walsh closed the public hearing at 7:28 p.m. The City Council took no formal action on this item. PLANNING DEPARTMENT REPORT 15. #17-3910 LAKEWEST DEVELOPMENT,LLC,3245 WAYZATA BOULEVARD INTERIM USE PERMIT: TEMPORARY USE FOR CONSTRUCTION STAGING, RESOLUTION Gaffron reviewed his Staff inemorandum dated May 22,2017. Mayor Walsh asked if anyone from the public would like to comment on this item. Page 3 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 22,2017 7:00 dclock p.m. Alan Engleman,315 North Crystal Bay North,thanked the City Council for what they did at the state property. Engleman asked whether concrete crushing would be allowed on the site and what construction staging would consist of. Walsh stated the Council will be discussing that this evening. Engleman stated in his view the City should not allow crushing. Walsh asked how Mr. Engleman feels about storage. Engleman stated he is fine with that as long as it is not a big pile of asphalt and then decide next year to ask permission to construct it. Engleman indicated he is fine with the storing of pipe and equipment repairs. Walsh asked if he is okay with piles of black dirt,concrete or blacktop. Engleman stated he is doubtful it will be removed and that anything that will be crushed should not be allowed on the site since the contractor will not want to double handle the material and will likely ask for permission at a later time to crush it. Engleman indicated he is fine with black dirt being stored on the site. Curt Fretham,Lakewest Development,stated it comes down to a construction project where there is asphalt,concrete and recycling of road materials. The contractor has moved the activity downtown forcing the contractor to do it onsite,which causes disturbance to the local businesses. Fretham stated the City has a choice to move it to a site where it will be less of a distraction but there will be some noise and dust generated. Fretham noted he did speak with Eureka this morning and that they are interested in setting up at this location and moving it out of the downtown area. Eureka has crushed 10,000 tons approximately so far and has approximately 30,000 more tons to go this year as well as 30,000 tons each year for the next two years. Eureka has indicated they would like to do it at this location. If this site is not approved for the crushing operation,it is doubtful Hennepin County will stop it from happening onsite. Fretham indicated he also talked with Rick Lupient,who lives across the street from this site,and he has written a letter in support of the concrete crushing and storage on this site. Fretham stated based on his conversation with Eureka,he is comfortable they can support the activity without bringing materials in from other sites. Fretham stated sneaking materials into the site would be obvious since it will need to be hauled in with large dump trucks and 18-wheelers. Engleman noted this job was let the 10�''of January and by the 13"'of February,Eureka had obtained a permit from the state. Engleman stated Lakewest Development applied after that date and that Eureka did not bid this job based on using this site. Fretham stated Eureka bid the job based on onsite crushing. Walsh stated it comes down to a philosophical discussion about what the City wants to see happen on the property and that the City needs to take into consideration the nearby residents. Page 4 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 22,2017 7:00 o'clock p.m. Crosby asked where the crushing would occur if it is not allowed on this site. Walsh indicated it would be in the middle of the road somewhere since the road and the right-of-way is owned by Hennepin County. Crosby stated this site would be the least intrusive to the businesses and makes the most sense. Dankey stated moving the crushing operation to this site will limit the disruprion to the downtown businesses and their customers. Printup commented he does not agree with the crushing and that he would like to hear more on the staging of the concrete and asphalt. Printup stated in his view there is more to come after the storage, which could lead to the crushing. Printup noted the City does not need to allow it and that it is cuirently happening in Long Lake. Walsh noted the crushing activity will move to different areas as the road project progresses. Crosby stated Orono also needs to be good neighbors to Long Lake and that he is concerned about the disruption to the local businesses. Walsh stated portions of the road will be closed in sections all the time and that he is leaning towards not allowing it on this site. Walsh questioned what could happen if the crushing activity is moved to this site and all the apples get dust on them. Walsh stated that could destroy an apple orchard that has been there for 50 years. Dankey asked what the Dumas family did during the construction of the road that was right next to them. Dankey noted the residential development also abuts right up to the apple orchard. Walsh stated the City cannot control Hennepin County and that there were likely complaints made to them during the project. Engleman commented it was not a problem when they were putting in the road. Walsh stated the issue is the crushing and the resulting dust and debris. Crosby noted the City can impose a time frame on the crushing activity and only allow it towards the end of the project. Walsh stated the City can impose any conditions they deem appropriate and that he does not mind the storage of pipe,machinery and black dirt. Walsh stated if it was not for the apple orchard,he would not have an issue with it,but the apple orchard is the Dumas' livelihood. Crosby asked how big a crusher is. Gaffron stated the whole cnzshing operation is at least a football field long and that the crusher would probably fit in half of the Council chambers. Gaffron stated he stood out in front of Otten Brothers while they were operating and it was not that dusty,which is likely related to the equipment they were using. Page 5 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 22,2017 7:00 o'clock p.m. Walsh stated if it is a windy day,there likely will be dust blowing all over the place. Engleman commented the dust was blowing on the cars and that Eureka had to put up tarps to prevent it from blowing over onto the John Deere property. Dankey and Crosby both agreed that that is more reason to get it off the road where it has the least impact on everybody. Printup asked if there is another larger area in Orono that is further remote. Printup asked whether the contractor could use Baker Park Preserve,which is located in Hennepin County and further removed from everybody. Walsh commented Hennepin County does not want contamination at the park. Dankey stated there are also a number of homes near the park. Printup stated he does not want it to be Orono's problem and that there are other solutions that could be explored. Dankey noted it will be in front of everyone at some point as well as near the school and the soccer fields if it continues down Highway 12. Gaffron noted Baker Park is owned by'Three Rivers Park District and that it is unlikely they would allow it on their site. Gaffron stated to his knowledge there is not another site close by in Orono except the site where the Public Works Department recycles some material. Gaffron stated if it is moved to that site,the residents in that area would likely complain. Gaffron indicated there might be large pieces of property in Medina. Crosby asked how close this property is to the apple orchard. Gaffron indicated it is probably 500 to 700 feet to the nearest house and a 1000 feet from the orchard compared to 50 feet in front of Otten Brothers. Dankey noted the trees between the housing development project and the Dumas Orchard are getting all the dust and everything from that project. Dankey stated she has more concerns with the dust from that development impacting the apple orchard than from this site. The City Council reviewed an aerial map of the area. Gaffron pointed out the residences near this site. Dankey stated in her view the property is not that close to other homes. Printup stated it is Hennepin County's project and that it can stay on their road. Printup commented it does not need to be in Orono. Crosby noted it will be in Orono sooner or later and that the City can place different restrictions on the activity if it is on this site. Page 6 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 22,2017 7:00 o'clock p.m. Printup moved to allow construction staging of nonconcrete or asphalt based material,such as dirt and sand,and staging and storage of construcNon equipment. The motion was not seconded. Dankey asked whether it would be worth it to Mr.Fretham if that was the extent of it. Fretham pointed out all those things are secondary to the recycling,which is the main issue that they are looking to solve. Fretham stated the contractor is okay with doing it downtown,but the choice is whether the City wants it downtown or whether they want to control the activity. Fretham stated he appreciates the willingness to allow those items since it seems to be a move toward a compromise,but that the recycling activity is the driver behind the request. Walsh suggested this item be tabled until the next Council meeting since it appears to be a tied vote at this point and that there is one council member absent this evening. Dankey commented doing the concrete crushing along the road is also time consuming and delays the project. Walsh stated there are a lot of unintended consequences that could happen with either option and that there is no easy solution. Printup moved,Crosby seconded,to table ApplicaHon No. 17-3910 Lakewest Development,LLC, 3245 Wayzata Boulevard,Interim Use Permit,to the June 12,2017,City Council meeting. VOTE: Ayes 4,Nays 0. 16. #17-3929 TODD IRVINE ON BEHALF OF ANTOINETTE BEENDERS, 1669 NORTH FARM ROAD,VARIANCES(Average setback,bluff impacts)AND CONDITIONAL USE PERMIT(Grading)—RESOLUTION NO.6762 Gaffron reviewed his Staff memorandum dated May 22,2017,noting that the applicant is requesting approval for replacement andlor reconstruction of the existing deck and pool as well as removal and replacement of existing retaining walls on the lake side of the existing residence. A conditional use permit is required for grading work as well as variances for average lakeshore setback encroachment and bluff encroachment. Crosby asked if the slope is off to the right. Gaffron stated the applicants are proposing two changes to the slope. The applicants are proposing to make the existing slope more uniform and will not change the direction of the storm water. Staff does not feel there will be any negative impacts to the neighbors since they are located further back and there is some woods in the area. Gaffron noted there is a cul-de-sac in the northwest corner of the property and that it has been suggested the City armor the section along the north boundary at some point in the future. Todd Irvine,Landscape Architect,stated what currently exists on the property is in dire need to be replaced and improved. As part of this project the size of the pool will be reduced and the retaining walls will be pulled back toward the house so that the height of the retaining walls will be lessened to eight or ten feet. Irvine indicated they will be using modular block for the new wall and then planting native grasses below the wall and Boston ivy on the wall to soften the effects of it. Also being proposed are some river birches,grasses,arborvitae,and other shrubs as well as one set of stairs. Page 7 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 22,2017 7:00 o'clock p.m. Irvine indicated they will be doing something similar to the slope that some of the other properties in the area have done. Irvine noted the Planning Commission had expressed some concerns about stormwater and that they have added a system directing the runoff into the drainage swale that exists along the east side of the property. Crosby moved,Printup seconded,to adopt RESOLUTION NO.6762,a Resolution Approving Variances from Municipal Zoning Code Section 78-1279 and a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-966 through 7&968,File No. 17-3929. VOTE: Ayes 4,Nays 0. 17. RESOLUTION OF APPRECIATION OF MICHAEL GAFFRON—RESOLUTION NO. 6763 Printup moved,Crosby seconded,to adopt RESOLUTION NO.6763,a Resolution of Appreciation to Michael P.Gaffron for more than 39 years of dedicated service to the City of Orono. VOTE: Ayes 4,Nays 0. MAYOR/COUNCIL REPORT Printup stated he had nothing to report but that he would like to give a round of applause to Michael Gaffron for his many years of service to the City. Walsh reported the Code Review Committee met last week and discussed the City's various fees for building permits and variances. That item will likely be coming before the City Council in June. Walsh stated in his view the fees will be reduced tremendously and will also include an explanation of why the fee is what it is. Walsh noted the City Council earlier this year approved videotaping the Planning Commission meetings and that the web results for the last five months demonstrate that people are interested in watching the meetings. Walsh thanked the City Council for approving that as well as for all the good discussion they have on the different applications. CITY ADMINISTRATOR'S REPORT City Administrator Reeder stated Staff had asked the state auditor's office to give the City some relief from the June 30 deadline for the City's audit to be completed due to the finance director being out on sick leave. The City has received an extension until September. Reeder stated the City also received a report today from the Metropolitan Council on Orono's April, 2016, population. The Metropolitan Council has projected the City's population at 7,691,which is a slight increase in population. Reeder indicated he will provide that report to the Council. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. ADJOURNMENT Page 8 of 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 22,2017 7:00 o'clock p.m. Crosby moved,Printup seconded,to adjourn the Orono City Council meeting at 8:30 p.m. VOTE: Ayes 4,Nays 0. ATTEST: Anna Carlson,City Clerk Denni alsh,Mayor Page 9 of 9