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HomeMy WebLinkAbout09-11-2017 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,September 11,207 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 Wendy Dankey,Aaron Printup,and Victoria Seals. Representing Staff were City Administrator Dustin Rief,Community Service Director Jeremy Barnhart,City Planner Melanie Curtis,Public Works Director/City Engineer Adam Edwards,City Attomey Soren Mattick, Consulting City Engineer David Martini,and Recorder Jackie Young. Mayor Walsh called the meeting to order at 6:58 p.m., followed by a moment of silence in honor of the 9/11 tragedy;the death of Wayzata Police Officer William Matthews; Jerry Schxnitz,a 30-year-old Long Lake firefighter who passed away; the family of the 5-year-old boy who died in Navarre; and the victims of Hurricanes Harvey and Irma. The Pledge of Allegiance was recited. APPROVAL OF AGENDA 1. CONSENT AGENDA Printup moved,Dankey seconded,to approve the Consent Agenda as amended,with Items No.8 and 9 being removed from the Consent Agenda. VOTE: Ayes 4,Nays 0. 2. CITY COUNCIL MEETING MINUTES OF AUGUST 28,2017 3. CITY COiTNCIL WORK SESSION MINUTES OF AUGUST 28,2017 4. CLAIMSBILLS 5. APPROVAL OF GARBAGE HAULER LICENSE 6. APPROVAL OF KENNEL LICENSE 7. PUBLIC WORKS MAINTENANCE WORKER RECRUITMENT 8. 2017 SANITARY SEWER REHABII.ITATION PROJECT AWARD ' This item was removed from the Consent Agenda. 9. 2017 SANITARY SEWER INSPECTION This item was removed from the Consent Agenda. 10. CARMAN BAY SHORELINE RESTORATION PROJECT—FINAL PAY REQUEST 11. #17-3949 DALE GUSTAFSON OB/O KEVIN KRETSCH,3155 CASCO CIItCLE, VARIANCE—RESOLUTION NO.6788 Page 1 of 17 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday, September 11,207 7:00 o'clock p.m. PUBLIC COMMENTS None PRESENTATION 12. 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT PRESENTATION Michelle Hoffman,Clifton,Larson,Allen representative, gave a synopsis of the City's 2016 Comprehensive Annual Financial Report,noting that the final report will be issued in a couple of days. Hoffman noted the audit provides reasonable but not absolute assurance and there were no major changes in accounting policies enacted this pas t year. Significant accounting estimates used in the audit include useful lives of capital assets,valuation of investments,post-employment benefits,net pension liability, and related deferred outflowed and deferred inflows. During the audit full cooperation was received from Orono management. Hoffman stated her firm did issue an unmodified or clean opinion on the financial statements,which is the best opinion the City can receive. The exceptions noted related to internal controls and include preparation of fmancial statements and segregation of duties,which is normal in a smaller city. Hoffman noted Orono has made some improvement in that regard from the previous year. In addition,no exceptions were noted to Minnesota legal compliance standards and statutes. Hoffinan noted last year there was one exception due to some invoices being paid late. Hoffinan stated Orono's General Fund has been steadily increasing since 2012 and is now slightly under $4.5 million. General Fund revenue has also been steady,with property taxes being the City's main source of revenue followed by user fees. General Fund expenditures have gone up slightly due to inflation and an increase in public safety services. Hoffinan stated Orono has done a good job in keeping expenditures under control every year with no wild variations or unexplained variations. Hoffman noted the increase in Other Government Funds in the restricted category is a result of the City issuing a refunding bond,which was not paid off until February of 2017. Those funds were used to pay off 2008 bonds. Other governmental fund expenditures included a number of large capital outlays due to the police garage project and debt service,which was similar to the previous year. As it relates to Orono's Enterprise Funds,the water fund and sewer fund did decrease from the prior year but is still strong. Recycling and cable television revenue increased slightly from the previous year and the stormwater fund has increased for the last five years. Hoffman noted the water fund and the recycling fund had a slight net operating loss in 2016. Hoffman noted the City's future debt service is expected to decrease in 2017 and 2018 and then increase in 2019 through 2021. A state-wide tax rate comparison shows the City of Orono is around 16 percent, which is below the other sunounding cities and the statewide average of 45 percent. Hoffman stated Orono received the GFOA Certificate of Achievement for Excellence in Financial Reporting for 2015 and that she expects the City will receive that certificate in 2016 as well. Page 2 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,September 11,207 7:00 o'clock p.m. 12. 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT PRESENTATION— Continued Walsh stated based on the audit, it looks like in general the City is in a strong financial position and that it is worth noting that Orono is the second lowest of 45 communities in Hennepin County for city tax rate. Walsh noted Orono does not levy special assessments for roads and that road improvements are included within the City's budget. Walsh noted under the General Fund category, even though it says the City has$4.5 million on hand,the City is required to keep 45 percent of its fund balance in reserve at all times. The City Council took no formal action on this item. 13. 2018 BUDGET Ron Olson,Finance Director, addressed the City Council regarding the 2018 preliminary tax levy and budget. The preliminary tax levy will be set at the September 25 meeting and the final levy and budget will be approved on December 11,2017,with the truth-in-taxation meeting being held prior to final adoption. As it relates to the General Fund budget,the City's overall revenues are increasing by 2.6 percent. Over the past couple of months the City Council has reviewed the budget in detail and made some cuts to the budget. Property t�es account for 52 percent of the City's revenue,followed by public safety charges and permits. Olson stated a property tax levy of 52 percent is very good compared to most other cities in the state. Olson noted those cities are primarily dependent on the tax levy to survive but that Orono has other sources of revenue which would help them get by in the event the City has difficulty collecting property taxes. The City's total expenditures are $8,187,901,which is an increase of 2.5 percent over the 2017 budget. That increase is a result of personal services going up by$213,000,which is greater than the actual increase proposed in the budget. Olson stated the City Council tried to keep the levy increase down by making cuts in other places. Wages and benefits comprise 66 percent of the budget, followed by professional services and supplies and maintenance. The police and fire departments comprise 58 percent of the City's budget,with building and zoning at 9 percent,and street maintenance at 6 percent. Olson stated the$213,000 increase is due to a wage increase for police department employees,other city employee benefits,turning a part-time position into a full-time position for the golf course and parks,the 2018 elections, software licensing,and a new police records system. To help offset that increase, some decreases were made in building inspection services,building and zoning professional services, and there was a decrease of$20,000 in fuel costs for the police department and public works. Olson stated the City Council made those cuts to keep the levy as low as possible. In addition,the Pavement Management Plan was decreased by$383,000. The total of all levies is $5,556,051. Since 2011,the Orono levy has increased significantly less than the state average. Olson stated the League of Minnesota's tax report shows that on average 40 percent of a person's property tax bill in Orono goes to the county, 37 percent goes to the school, 15 percent goes to the City, and the state is at 9 percent. The average for other cities is 29 percent of their property taxes going toward city expenses and services. Page 3 of 17 MINUTES OF THE ORONO CITY COUNCII,MEETING Monday,September 11,207 � 7:00 o'clock p.m. 13. 2018 BUDGET—Continued Olson stated the next slide shows how a person's property t�es are calculated. The Hennepin County assessor sets the estimated market value on someone's home. The County then takes the City's total t� capacity,which is all of the properties in the city added together,to get the City's tax capacity. The City Council then passes a tax levy. The property tax levy is divided by the city's tax capacity resulting in the tax capacity rate for someone's home. On a$500,000 property,the tax capacity is$5,000 times 16.882 percent,which is the City's calculated t�rate,resulting in city taaces on that property of$844.10. Olson noted taxes and how they are calculated will be discussed more in depth at the truth-in-taxation meeting in December. Olson stated before the decrease to the Pavement Management Plan, if someone's home did not change in value,that person's taxes would have increased .88 cents on a$250,000 home as a result of the preliminary levy,and on a$2 million home,they would see an increase of$8.93 for the whole year. If property valuation went up 5 percent on a$250.000 home,that would add$24 for the year,and on a$2 million home,they would pay an additional $220 in taxes for the year. Olson noted those numbers will decrease slightly because the City's preliminary tax levy was decreased by the Council at its work session. The City Council took no formal action on this item. PUBLIC WORKS/CITY ENGINEER REPORT 8. 2017 SANITARY SEWER REHABILITATION PROJECT AWARD Edwards reviewed his Staff inemorandum dated September 1 l,2017,regarding the awarding of the 2017 sanitary sewer project. Edwards stated each year the City performs Cured-in-Place pipe lining on a section of the City's sewer system. The amount budgeted in the City's Capital Improvement Fund was approximately$265,000 and Staff is recommending a project that would cost in total around$248,000. The lowest acceptable bid for this year's CIPP work was $213,338.40,which amounts to rehabilitation of 5,026 feet of the City's sewer pipe. Walsh noted the City developed a capital asset plan detailing when improvements and repairs are made to various assets and every year the City performs repairs on approximately 20 percent of the City's sanitary sewer pipes. Seals asked how long the pipe lining typically lasts. Edwards indicated 75 years. Printup moved,Seals seconded,to award the sanitary sewer improvements contract to Insituform for$213,338.40 and to approve the Bolton&Menk Construction Management proposal for a fee not to exceed$18,900. VOTE: Ayes 4,Nays 0. Page 4 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,September 11,207 7:00 o'clock p.m. 9. 2017 SANITARY SEWER INSPECTION Edwards stated each year as part of its preventative maintenance program the City cleans and inspects 20 percent of its sanitary sewer system. The sanitary sewer inspection project will consist of televising approximately 25,000 feet of sanitary sewer pipe. The City received two quotes,with the low bid coming from Ritter and Ritter, Inc., for$16,100. Walsh commented by doing the televising,the City is being proactive in its maintenance of the City's infrastructure. Seals asked how often the City does the televising. Edwards indicated it is done yearly,which helps Staff identify which areas of the system are in need of repair for the following year. Dankey moved,Seals seconded,to accept the proposal from Ritter and Ritter for sanitary sewer televising for$16,100. VOTE: Ayes 4,Nays 0. 14. OLD CRYSTAL BAY ROAD TEMPORARY TURN LANES Edwards stated the City is currently working on a permanent reconstruction plan for Old Crystal Bay Road between Highway 112 and County Road 6. Some initial design options should be ready sometime in October. In the interim,the City took some measures to improve the safety in that area by restricting a left turn onto Old Crystal Bay Road from County Road 6. In addition, Staff has looked at installing temporary turn lanes into the middle school and high school parking lots. The low bid to construct the temporary turn lanes was$48,900. Edwards stated in his view the turn lanes would help with some of the congestion issues and most of the work to the subgrade and soil would be usable in whatever permanent solution is decided upon. Due to the cost,at this time Staff recommends holding off on the project until the permanent fix is done next year. Seals noted the City Council previously discussed the speed on County Road 6,and asked whether the County has been approached to do a speed study. Edwards stated given the data in the past,County Road 6 would not qualify for a speed reduction or a signal. Hennepin County did,however, send notice today that they are reconsidering the signal. Dankey stated she has heard from people in the community that people are still performing a left-hand turn in that area even though it is now illegal. Walsh noted the City Council has discussed this item previously and had actually approved some improvements to Old Crystal Bay Road,but the school board elected to wait with those improvements until after their traffic study was completed. Walsh recommended the Council keep the $50,000 on the table to ensure there is ample money to complete the permanent project next year. Dankey indicated she is in agreement with Mayor Walsh. Page 5 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,September 11,207 7:00 o'clock p.m. 14. OLD CRYSTAL BAY ROAD TEMPORARY TURN LANES—Continued Mayor Walsh asked if anyone from the public would like to comment on this item. Stacy Royal, 3135 Jamestown Road, stated she and another gentleman attended a previous City Council meeting expressing complaints about the safety of County Road 6 in that area. Royal stated the barrier has helped with safety during the peak hours of pickup and drop-off but that she has observed at other times people doing illegal U-turns when there are not police officers present. Royal stated in her view it has actually increased the problem. Royal stated it is likely the number of people doing illegal U-turns will increase once the hockey season starts since there will be more people who are not familiar with the road. Royal indicated she has even seen coaches and teachers do it and that she has forgotten about it at times but that she has taken the time to drive around. Royal stated her other concern is the backup on Old Crystal Bay and an increase in the number of people becoming agitated because their commute time has increased from 7 minutes to 37 minutes. Royal suggested the City Council consider a timed stoplight for this area during the peak traffic times. Royal commented she is glad to hear that Hennepin County is reconsidering a stoplight at this area. Walsh noted more than two people have raised concerns about the situation and that it is good news Hennepin County is looking at a signal. Walsh stated the City is attempting to resolve the situation and that it is necessary to work with Hennepin County since it is a county road. Dankey moved,Seals seconded,to not proceed forward with construction of temporary turn lanes on Old Crystal Bay Road by Barber Construction for$48,192. Printup noted nine months from now there will be a larger project underway for this area and that it makes financial sense to wait with the turn lanes. Seals commented the Council is in favor of the turn lanes but concurred that it makes sense to wait on this project. VOTE: Ayes 4,Nays 0. PLANNING DEPARTMENT REPORT—CHAD OLSON,REPRESENTATIVE 15. #17-3963 JHG PROPERTIES,LLC,4035 DAHL ROAD,PRELIMINARY PLAT, VARIANCES,CONSERVATION DESIGN WAIVER Curtis reviewed her Staff report dated September 11,2017,regarding a variance from minimum lot area standards and preliminary plat for a subdivision. The property consists of 1.8 acres in a one-acre zone. Once the right-of-way dedication and wetland areas are removed,this development would create one conforming 1.0 acre lot and one 0.67 acre lot. The applicant is also requesting waiver from the City's Conservation Design Plan. The Planning Commission voted 7-0 to deny the variance. Staff also recommends denial of the variance. Page 6 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11,207 7:00 o'clock p.m. 15. #17-3963 JHG PROPERTIES,LLC,4035 DAHL ROAD,PRELIMINARY PLAT, VARIANCES,CONSERVATION DESIGN WAIVER—Continued James H. Gilbert,JHG Properties, stated he has resided in Orono for over 35 years and has tried to be a proactive individual in improving his neighborhood. Gilbert stated the property at issue has been an eyesore for 17 years and has caused continual issues with law enforcement and maintenance issues for the City. Gilbert indicated when this property became available for sale,he decided to purchase it to hopefully make improvements to the site. Gilbert noted the City allowed a trailer home three blocks down,which is what he could do on this lot without City approval,but that he would prefer to subdivide it and build a couple of nice homes. Gilbert indicated he probably paid more for the property than it is worth and a couple of high-quality builders looked at the property and recommended the existing house be torn down. Gilbert stated in order to be even with the money he paid for the property,the sale value would have to be around$1.2 million. Gilbert noted the money he paid for this lot exceeds the value of the other nonlakeshore properties in the area. Gilbert noted there are three statutory requirements for granting a variance,with economic considerations being a proper element for determining practical difficulties under the statute and under the law. Staff has basically said it makes no difference and that he paid too much for the property. Gilbert stated that interpretation is wrong and that economics can be considered but it cannot be the sole determining factor. Gilbert stated economics is a very important consideration in this case. Aesthetics can also be taken into consideration. Gilbert noted the City Council considered an application on Wildhurst where variances to setbacks were required. Gilbert stated the majority of the decision appeared to be economic related and that he has the same economic concerns with this property. Gilbert stated in his view the City cannot treat requests for density variances different than setback variances. The statute does not make a distinction on that. In looking at Orono's history,Orono seems to be very proud at never granting a variance to density. Gilbert stated to his recollection 1985 is the last time density variances have been granted. Gilbert stated in this situation,where a City's primary focus is on the detrimental effects of granting a variance to allow new construction where it never happened before and has a strict policy to deny a variance request is improper. Gilbert noted one of the Council members in the Court of Appeals case stated dealing with this in a similar situation for years to come is one of their major concerns. Gilbert stated the Orono Planning Commission also expressed the same concern. Gilbert indicated he has represented other parties in other cities and was stunned at the complexity of the Orono Code. Gilbert noted this is not a major subdivision and that he is just asking for a simple lot split. The Court of Appeals has said that they conclude that the Board's decision was arbitrary and unreasonable because the decision expressed the Board's will and not its judgment. Gilbert stated he senses the will of Orono is not to allow density variances and that he thinks his application for a density variance has to be given the same consideration as a setback variance,which is not what is happening here. Gilbert stated in the Wildhurst case,there were two findings that should be found in this case and the City Council would be capricious in not applying those findings to this request. The resolution in the Wildhurst application states in Paragraphs 4 and 10 that the granting was necessary for the preservation Page 7 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11,207 7:00 o'clock p.m. 15. #17-3963 JHG PROPERTIES,LLC,4035 DAHL ROAD,PRELIMINARY PLAT, VARIANCES,CONSERVATION DESIGN WAIVER—Continued and enjoyment of a substantial property right of applicant. This is necessary so the full potential and use could be realized. Gilbert indicated he has the same economic considerations that applied to the Wildhurst case. Gilbert stated another error in Staff's report is that the granting of the variance will alter the essential character of the neighborhood. As a matter of law,an area variance does not alter the essential character of the locality. Gilbert stated two of the three principles under the state statute have been met and that in his view the principles applied in the Wildhurst decision are the same principles that should be applied to his application. The third element for consideration is use of the property in a reasonable manner not permitted by the zoning. Staff has basically stated you cannot have a variance because you need a variance. In the Wildhurst case,the findings said that the application was generally consistent and in harmony with the ordinance. Gilbert indicated he has looked at the 18 homes in the area and nine of those homes are less than one acre. Gilbert stated in his view his proposal is in harmony with the neighborhood and single- family residential use is consistent with the Comprehensive Plan and is similar to the findings used in the Wildhurst case. Finally,the plight of the landowner is unique to the property and not created by the landowner. Gilbert stated Staff basically told him he paid a high price for the property. Gilbert indicated he purchased the property over the Internet and bought it as is because he thought it was important to preserve his neighborhood and add value to the neighborhood and the City. Gilbert stated this property is unique since it is high on a hill with a wetland on the west side. It is a long, rectangular lot. Gilbert stated if he is limited to one lot,the only place to construct a house is on the hill and the front yard would basically be like a football field. Gilbert requested the City Council apply the same variance principles that were used on the setback requirements in the Wildhurst case in his density request. The Court of Appeals has said the decision should be made on the evidence as presented. Gilbert stated when the City Council looks at the judgment of the facts,he has met all the statutory requirements and his request is almost identical to what was done on Wildhurst. Gilbert noted he is also asking for a waiver to the conservation design since they will be leaving all the trees there. Gilbert indicated he would like the border of trees to stay there for privacy. Dankey asked if he originally planned to construct one house on the property when he purchased it, especially since he has resided in Orono for 35-plus years and is familiar with some of the City's rules and regulations. Gilbert stated his main concern was that another trailer home would be put on this property and that he wanted to preserve his neighborhood. Gilbert stated he is attempting to make the best use of the property they can. Due to the price of the property and the cost to construct a house, it would be well above the valuation of other nonlakeshore properties in the area. Page 8 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,September 11,207 7:00 o'clock p.m. 15. #17-3963 JHG PROPERTIES,LLC,4035 DAHL ROAD,PRELIMINARY PLAT, VARIANCES,CONSERVATION DESIGN WAIVER—Continued Seals asked if he has approached any other neighbors that have properties over one acre to see if they would be willing to make him whole. Gilbert stated he has not and that in his experience it is complicated to deal with mortgage companies and is not practical. Seals noted a property on Heritage Lane was successful with acquiring additional land to help in their situation,which is something he should think about. Gilbert stated he has and that it would result in a number of delays. Gilbert stated he is not sure what to do with the property if it is not approved but that he will not put a trailer home on it. Gilbert indicated he might put it on the market again and be done with it. Dankey asked if there are any other million dollar houses in the area that are not on the lake. Gilbert indicated there is not and that a lot of them are valued between$250,000 and$350,000. Gilbert stated there was one property that was assessed at$600,000. There were no public comments related to this application. Printup stated the lot as it is currently is buildable and that it is not necessary to grant a variance. Walsh noted the City did not create new lots on Wildhurst but that there were some setback issues. Walsh stated in his view these two cases are not mutually inclusive and that he does not equate density variances with setback variances. Walsh stated the character of neighborhoods is a big issue in Orono and that the people who have lived here have lived here for a long time. Walsh questioned where it would end if the City allowed someone to create a nonconforming lot. Walsh stated it is not a practical difficulty to own a 1.8 acre lot in a one-acre zone and that the City has always said economics is not a deciding factor. Printup noted the standard in the Comprehensive Plan is one-acre and this would be inconsistent. Walsh commented the applicant knew what he was buying. Dankey noted there are two smaller lots that were created a long time ago near this property but that the applicant knew what he was getting into when he purchased the property. Seals stated the zoning districts were created for a reason and a variance to density is not something the Council is in favor of. Walsh noted the City Council has discussed other variances to density in the past and have denied those requests. Dankey commented the football field could be a selling point since a huge lot would be pretty desirable. Seals moved,Printup seconded,to direct Staff to prepare a denial resolutioa for Applicallon No. 17-3963,JHG Properties,Inc.,4035 Dahl Road. VOTE: Ayes 4,Nays 0. Page 9 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11,207 7:00 o'clock p.m. 16. #17-3962 LAKE WEST DEVELOPMENT,LCC,OB/O RICK AND BARBARA LUPIENT,PIDs 20-117-23-0001/0002/0003(Lots 1,2 and 3 Casco Point Addition) "Ivy Place" PRELIMINARY PLAT—RESOLUTION NO.6789 Barnhart reviewed his Staff report dated September 11,2017,regarding a preliminary plat request to replat an existing three lot parcel into two buildable lots and one outlot for access. The lots would meet the requirements for lot size, lot area,and provide adequate building areas within setbacks. The Planning Commission recommended approval on a vote of 7-0. The Commission requested additional information be submitted regarding the amount of fill and verification of the condition of Ivy Place prior to construction. Public comment received at the Planning Commission meeting were generally in opposition to the proposal and related mainly to additional stormwater entering the lake and onto adjacent parcels,the driveway being too close to the lake,a lack of turn-around for the traffic within the existing right-of-way for Ivy Place,traffic safety concerns due to its narrow width,and wetland impacts. Staff recommends approval subject to a number of conditions outlined in Staff's report. Seals asked whether there are any things that can be done to mitigate those items to address the public's concerns. Bamhart stated the driveway serving both lots is proposed to be 12 feet wide. City ordinance allows for an 8-foot wide driveway within the 75-foot area for one lot. The 12-foot width was the minimum suggested by the Fire Department and Staff feels it is the minimum amount of hardcover to provide access to the two lots. Barnhart stated the challenge with rain gardens or other types of mitigation is that while those sound great the first year,yearly maintenance is required or they will not be as effective. Barnhart noted the applicant is proposing two underground stormwater retention vessels,which is unusual for a single-family neighborhood. Given the amount of discussion from the neighboring property owner expressing concerns about drainage from this property onto their property, Staff will perform a thorough review to ensure that this project does not add to the runoff. Barnhart noted the homes are at the bottom of the hill so there will be some runoff regardless if this project goes forward or not. In addition,a review will be done as part of final plat. Printup asked whether it should be noted in the resolution that the condition of the driveway will be verified or whether that would be included in the right-of-way. Barnhart stated that should be spelled out and that Staff will add that. Dankey asked if bringing the fill in by boat is an option. Barnhart indicated the applicant could better address that but it is likely other environmental impacts would be introduced. Dankey noted the Casco Point Road is a one-way in and a one-way out and that any damage would impact all the residents. Page 10 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,September 11,207 7:00 o'clock p.m. 16. #17-3962 LAKE WEST DEVELOPMENT,LCC,OB/O RICK AND BARBARA LUPIENT,PIDs 20-117-23-0001/0002/0003 (Lots 1,2 and 3 Casco Point Addition)"Ivy Place" PRELIMINARY PLAT—RESOLUTION NO.6789—Continued Seals commented anything the City can do to insure the road is not damaged would be welcomed. Curt Fretham, Lake West Development, stated as it relates to the amount of fill,while it sounds like a lot of material,that's because it is,but at the same time most other developments will also export a lot of fill out due to the excavation of basements. Fretham stated he understands the amount of truck traffic is a concern and that they will attempt to minimize the impact. Fretham indicated they are probably looking at 100 truckloads. There were no public comments regarding this item. Walsh stated he would prefer to give the developer some clarity on this application rather than tabling it subject to the conditions outlined in Staff's report. Barnhart stated the four action items include vacating the utility easement,reconfiguring the sewer easement along the shoreline,the establishment of a wetland buffer and the City's buffer setback,and a conditional use permit for the filling in the floodplain. Printup moved,Seals seconded,to adopt RESOLUTION NO.,a Resolution Approving Preliminary Plat for the property identified as PIDs 20-117-23-42-0001/0002/0003,Lots 1,2 and 3 Casco Point Addition,subject to the conditions outlined in StafPs report,subject to the items noted by Barnhart,and with the understanding that the driveway conditions in addition to the roadway conditions be verified pre-and post-construction. VOTE: Ayes 4,Nays 0. 17. #17-3932 YMCA OF GREATER TWIN CITIES, 135 ORONO ORCHARD ROAD NORTH,SKETCH PLAN Barnhart reviewed his Staff report dated September 1 l,2017,regarding a sketch plan review on a proposed 15-lot single-family development. The property consists of 3.4 acres and includes 19 acres of wetlands, 3.1 acres of wetland buffers,and two acres of conservation area,resulting in 15.3 acres of buildable area. The proposed lots range from 3/4 acre to 1.5 acre. The current zoning requires two acres of dry buildable land area for each lot. All lots would access off of a new road that terminates in a cul-de- sac. A trail connection to the Luce Line is proposed. The Planning Commission reviewed this sketch plan at their August meeting and felt uncomfortable with deviating from the Community Management Plan and the proposed density.A number of residents spoke at the meeting and expressed concerns with the density and the MUSA designation of the property. John Quinlivan, Gordon James Construction, stated the YMCA was gifted this property from the Rydells a number of years ago and that they are in the process of determining what would be appropriate for the site. Quinlivan noted city sewer is available in the street but this site is outside the MUSA boundary and that they would like to have the MUSA boundary changed to include this site. Quinlivan stated they would like to get some feedback from the City Council on their sketch plan.. Page 11 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 11,207 7:00 o'clock p.m. 17. #17-3932 YMCA OF GREATER TWIN CITIES, 135 ORONO ORCHARD ROAD NORTH,SKETCH PLAN—Continued Quinlivan stated he can understand the resistance of the neighbors wanting to see this property developed but that he would request the City approach the Metropolitan Council regarding the hookup to the MUSA system. Mayor Walsh asked whether anyone from the public would like to comment on this application. Kelly Lowe, 105 Orono Orchard Road, stated in her view this is a very irresponsible plan since it violates every City code for this zoning district. Lowe stated she and her neighbors did substantial remodeling a number of years ago and that they followed the rules of the City. Lowe stated even though she and the neighbors knew there was the sewer pipe in the street,they all installed septic sites rather than attempt to get the MUSA boundary changed. Lowe stated septic systems done right are environmentally sound and that the subject property should have to comply with the same boundary. Lowe commented the neighbors all know the property belongs to the YMCA and that at some point there would be some type of development. Lowe noted the property consists of approximately 17 buildable acres. As it relates to the setback of 250 feet from the creek, Lowe stated Mr. Rydell would not want those three back lots platted out. Lowe stated the applicant should take the buildable land,divide it according to the zoning,and then put in private septic systems and wells. Mike Benedict,25 Orono Orchard Road, stated he is not against development but in his view the 15 lots is an extreme reach with regard to the existing ordinances. Benedict stated the house he built was based on the rural nature of the area and that he would ask that the rural character be kept intact. Dave Phelps, 1950 Fox Ridge Road, stated this is a great opportunity to put an end to anyone trying to turn Orono into a community of more densely populated homes. Phelps indicated he moved out here for the rural,quiet setting along with the wildlife and that it would be a shame to see the City's rules changed for something that is not a hardship. Phelps encouraged the City Council to hold steadfast to the rules and to require that the property be developed within the current constraints on the property. James Lowe, 105 Orono Orchard Road, stated he would like to echo some of the comments made earlier. Lowe stated he always knew this site would be developed someday but that he felt it would be developed within the City's current set of rules,which is what the neighbors are asking for since there is no hardship or rational for deviation. Seals stated in her view the Council should not amend any of the rules to accommodate development of this property or change the MUSA boundary. Seals stated the rules are in place for a reason and that she gets more calls than not to not do any more developments. Seals stated she is not in favor of the higher density. Printup and Dankey stated they are in agreement with Council Member Seals. Walsh concurred the property should be developed within the City's current standards. The City Council took no formal action on this item. Page 12 of 17 MINUTES OF THE ORONO CITY COUNCII..MEETING Monday,September 11,207 7:00 o'clock p.m. (A recess was taken from 8:55 p.m.to 9:00 p.m.) 18. NAVARRE AREA PLAN—INITIAL CITY MEETING Eric Schwaber, WSB, stated they would like to get the Council's feedback on the issues they have identified as part of the Navarre Area Plan. Carl Mezio stated they have identified the following seven factors that will go into making this plan successful. 1. Can the Navarre neighborhood be expanded to actually touch and interact with Lake Minnetonka. 2. Develop strategies that can build on the success of the Dakota Rail trail. 3. Encourage trail users to be customers of the Navarre businesses. 4. Examine and determine the commercial and multi-family markets for Navarre and the surrounding are to determine the appropriate redevelopment opportunities. 5. Design guidelines,zoning tools,and/or regulations for the remodels and tear-downs of the existing single-family homes. 6. Engagement of the residents,business owners, and elected officials to determine the feasibility of any redevelopment strategies. 7. Clear and appropriate redevelopment strategies with stages and timelines for implementation. Schwaber asked whether the Council feels those goals hit the mark or whether they should be considering something else. Printup stated they appear to be a good start. Walsh stated No. lwas confusing to him. Schwaber stated what they would like to get out of this is whether Navarre is looking to be similar to downtown Wayzata or Excelsior,cities who take pride with their interaction with the lake. Schwaber stated one of the things about those communities is that they get a lot of people to visit their city and that they would like to understand whether the Navarre residents want them to market to a larger area or whether Navarre should remain just the gem of Orono. Dankey stated in her view it is a little of both and that a lot of people pass through the area without necessarily stopping. Dankey stated a lot of people in Orono do not go to Navarre because they are closer to Long Lake and that Navarre is more there for people from Mound and other nearby communities. Dankey stated she is curious how Navarre would connect to Lake Minnetonka and that she would like to see a nice restaurant go in there. Seals stated she goes through Navarre all the time but that she does not really stop anywhere except for Lunds. Seals stated Excelsior has an environment of a number of cool businesses close together where she can stop at a variety of stores but that she does not go to Excelsior via the lake because there is limited Page 13 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,September 11,207 7:00 o'clock p.m. 18. NAVARRE AREA PLAN—INITIAL CITY MEETING—Continued parking. Seals stated she understands the rationale for the connection to the lake but that she does not know if it is needed in Navarre. Printup noted Navarre is not really connected to the lake. Seals stated she likes the idea of the connection but that she is not sure how that would be accomplished. Dankey stated Navarre's businesses serve the local residents' needs but maybe not exactly what they want. Dankey commented some of the buildings need a little bit of upgrading and a connection to the trail is huge. Dankey indicated she would like to get a restaurant and some other smaller businesses that would attract people off the trail. Schwaber stated they were unable to fmd an actual physical property acquisition to provide that actual physical connection to the lake but that they were thinking there could be perhaps themes or styles that could be incorporated to make it seem more like it is connected to the lake. Schwaber asked whether there are any opportunities for wintertime activities with the lake or a festival. Schwaber stated it does not need to be an everyday event but that they felt they needed to look at it before moving on. Walsh stated overall the questions seem pretty comprehensive and would help get the conversation started. Dankey commented the Narrows Saloon has some of the best music in the area and they also offer food. Schwaber stated he would like to build on Item No. 4 but that within any market study they need to have a scope. Schwaber stated due to the limited resources,they felt the study should be focused and that they looked at three options. The first option is to look at the general demand for commercial and multi-family units. The second option would be to look specifically at either commercial demand or multi-family. The commercial demand could be broken into office,retail,restaurant, and then explore the potential. Schwaber stated they could do the same thing for multi-family and look at senior,condominium, affordable,etc. Schwaber noted they do not have the resources to do all three of those but that they could get a general understanding of the market or choose to look at either commercial or multi-family. Schwaber stated he would like to get feedback from the City Council on that aspect. Schwaber stated the general demand would be useful information and that typically any business that is coming into an area will go a more detailed market analysis. Printup stated in the past the City has talked about apartments on the top and retail on the bottom. Walsh stated the businesses that have been there have been there for decades and that he would be more interested in the senior and multi-unit. Walsh stated there are probably eight commercial buildings in Navarre. Printup commented there is probably more potential for residential. Dankey stated there are a couple of mall areas that have room for more retail. Page 14 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,September 11,207 7:00 o'clock p.m. 18. NAVARRE AREA PLAN—INITIAL CITY MEETING—Continued Seals stated she likes the concept of residential on top. Barnhart stated Staff would like to use this plan in forming the Comprehensive Plan Update and that he would recommend they look at general commercial and general multi-family as is it realistic. Barnhart stated some of the businesses are more driven by population or density and would not be realistic for this area. Barnhart stated there are probably more possibilities for multi-family and general commercial. Walsh stated he would default to that. Rief stated he would agree based on his experience. Rief stated the hardest issue with redevelopment is the cost and density also plays a factor in redevelopment. Seals asked if the City is potentially looking at acquiring some vacant parcels that are adjacent to the lake. Dankey commented the parcel behind Navarre Electric is an awkward access to the lake. Printup noted the area behind the bowling alley is a holding pond. Seals stated there appear to be a couple of areas where access might be possible. Barnhart stated he heard the City Council likes the idea but that they are not sure how to achieve that at this time and that WSB will look at that. Mezio stated they are looking for whether this is an idea that captures the Council's attention and whether it could be a possible income generator for the City. Mezio stated if it is something the City is interested in,they will look into it. Printup stated he would say no then since there is access in Spring Park which is close by. Barnhart stated he was not envisioning boat access but perhaps more of a visual connection. Barnhart stated in his view it is worth exploring. Walsh commented the residents would be better able to answer that. Schwaber stated if some of these properties are redeveloped, it could potentially become more of a place like Lord Fletcher's and that there are a number of ways the community could interact with the lake. Schwaber stated they would like to document those as well as get the feedback from the community. Schwaber stated as it relates to the market study,they will gather some general information on commercial and multi-family units but that it will not be broken down into type. Schwaber stated the study will also provide some idea of what the market will support as well as a timeline. Schwaber stated the small area plan would be a failure if there was not resident input. Schwaber stated in looking at some of the previous plan efforts,he does not feel there were good implementation plans, and that he would like to hear from the City Council about any drop-dead issues they would like to see addressed. Page 15 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,September 11,207 7:00 o'clock p.m. 18. NAVARRE AREA PLAN—INITIAL CITY MEETING—Continued Seals stated one of the goals should be getting people to stop in Navarre or to make Navarre a destination place. Seals stated having a pedestrian friendly place where visitors can make more than one stop would be ideal. Printup stated walkability to different places is important and that currently Navarre feels like two separate areas since it is divided by the highway. Dankey stated input from the local business owners would be very helpful. Dankey stated business owners are leery about doing different things and that this might encourage them to consider doing some improvements. Schwaber stated that was one reason why they wanted the advisory committee formed. Schwaber indicated they are looking at places where they could hold the meetings in Navarre to help develop some interaction with the business owners and residents. Dankey noted some of the businesses are not owned by people who are local and that it might be difficult to get them involved. Schwaber stated they will be using Social Pinpoint to help with that effort. Dankey stated she would not mind attending the meetings. Schwaber stated it would be helpful to have a council liaison. Schwaber stated 9 to 11 people is usually a good number for a group. Rief concuned that Council Member Dankey would be a good choice since she resides in the area and is on the City Council. Barnhart stated he currently has nine people on the list,which includes three commercial business owners,and that he is anticipating one meeting a month. Dankey noted women tend to do the shopping for the family and that adding a couple more women is something that should be considered. Dankey moved,Printup seconded,to appoint the advisory committee for the Navarre Area Plan as presented. VOTE: Ayes 4,Nays 0. 19. RESIDENT SURVEY Barnhart reported he provided an update to the Park Commission last week on the Comprehensive Plan and that they recommended a resident survey be conducted. The City did conduct a resident survey back in 2008 at a cost of$21,000. Barnhart stated in his view the questions could be modified and it could be an Internet based survey,which would be less costly and likely provide some good feedback. Walsh stated he would be in favor of doing a survey via social media. Page 16 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,September 11,207 7:00 o'clock p.m. 19. RESIDENT SURVEY—Continued Dankey asked whether it should be expanded to some Mound residents. Barnhart stated the survey could be sent out to different zip code areas and that a section of Mound could be included. It was the consensus of the City Council to conduct a resident survey via social media. MAYOR/COUNCIL REPORT Walsh noted due to the funeral of the Wayzata police officer,the police versus fire department softball game has been rescheduled to next week Thursday, September 21. Seals reported the Big Island Committee has been rescheduled as well. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. ADJOURNMENT Printup moved,Seals seconded,to adjourn the Orono City Council meeNng at 9:37 p.m. VOTE: Ayes 4,Nays 0. ATTEST: Anna Carlson,City Clerk Dennis Walsh,Mayor Page 17 of 17