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HomeMy WebLinkAbout11-13-2017 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following people present: Mayor Dennis Walsh,City Council Members Richard Crosby,III,Wendy Dankey,Aaron Printup,and Victoria Seals. Representing Staff were City Administrator Dustin Rief,Community Development Director Jeremy Barnhart,Finance Director Ron Olson,City Engineer/Public Works Director Adam Edwards,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 No.20 was added to the Consent Agenda. Item No. 5 was removed ftom the Consent Agenda. 2. CITY COUNCIL MEETING MINUTES OF OCTOBER 23,2017 3. CITY COUNCIL WORK SESSION MINUTES OF OCTOBER 23,2017 4. CLAIMSBILLS 5. PROPOSED 2018 OFFICIAL CALENDAR This item was removed from the Consent Agenda. 6. PROPOSED 2018 COUNCIL LIAISON TO PLANNING COMMISSION MEETINGS IN 2018 7. RESOLUTION DESIGNATING POLLING PLACES FOR 2018 STATE PRIMARY AND STATE GENERAL ELECTION—RESOLUTION NO.6803 8. PUBLIC WORKS MAINTENANCE WORKER APPOINTMENT 9. AMERICANS WITH DISABILITIES ACT(ADA)TRANSITION PLAN ADOPTION 10. PAY REQUEST NO.6 FOR WELL NO.4—FINAL 11. #17-3966—LDK BUILDERS ON BEHALF OF LINDA TAMOSUINAS, 1525 LONG LAKE BOULEVARD,VARIANCES—RESOLUTION NO.6804 12. #17-3972—JAN GASTERLAND, 1920 SHADYWOOD ROAD,VARIANCES— RESOLUTION NO.6805 13. #17-3974—SML ELECTRIC ON BEHALF OF BRIDGEWATER BANK,2445 SHADYWOOD ROAD,VARIANCE—RESOLUTION NO.6806 Page i of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 dclock p.m. 14. #17-3975—KELLY HANSON, 1284 WILDHURST TRAIL,CONDITIONAL USE PERMIT—RESOLUTION NO.6807 15. #17-3978—ALEXANDER DESIGN GROUP ON BEHALF OF TRAVIS HANSBERGER, 1720 SHADYWOOD ROAD,VARIANCE—RESOLUTION NO.6808 20. #17-3985—CITY OF ORONO—TEXT AMENDMENT: PERSONAL WATERCRAFT REGULATIONS ON LONG LAKE,ORDINANCE NO.201,THIRD SERIES Crosby moved,Seals seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS None 5. PROPOSED 2018 OFFICIAL CALENDAR Walsh stated he would like to move the City Council meeting from Mazch 26,2018,to March 20,2018, due to spring break. Seals moved,Dankey seconded,to approve the 2018 O�cial Calendar,with the March 26,2018, City Council meeting being rescheduled to March 20,2018. VOTE: Ayes 5,Nays 0. PUBLIC HEARING 16. #17-3984—CITY OF ORONO TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION Barnhart stated at the City Council meeting last month,the Council directed Staff to draft a preliminary draft ordinance relating to vacation rentals. The purpose of this item tonight is to gather public comment from residents relative to possible changes to the City Code that would require licensing for rental properties and to require a minimum 30-day rental term. Prior to developing a full draft of the ordinance, Staff had recommended a public hearing be held at the City Council level to obtain residents' input on any possible changes. Staff has identified 16 different property owners that advertise their properties on vacation rental sites. A postcard was sent to those residents asking for public comments,with five letters being received. Three additional letters were received earlier today and are before the City Council tonight. Barnhart requested Mayor Walsh open the public hearing. Mayor Walsh opened the public hearing at 7:10 p.m. Bill Anderson, 1408 Baldur Park Road,stated he appreciates the City Council discussing this item but noted that the City did not notify the neighbors next to the rental properties about tonight's hearing. Anderson noted he lives next to a rental property. Page 2 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 16. #17-3984—CITY OF ORONO TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION—Continued Anderson stated he understands the City has received some letters regarding short-term rentals and that some of the letters speak to maintaining control over their renters,maintaining good relationships with the neighbors,which would be very appreciative but,unfortunately,he is not sure if that will happen with an absentee owner. Anderson stated he has experienced issues with speeding,strangers in the neighborhood, lewd comments,parties,and animals off leash. Katherine Kent stated her rental property is located at 3635 North Shore Drive,and that she submitted a letter earlier today,along with her actual rental agreement and the rules that go along with the rental. Kent stated she has been a Vrbo manager for four years and that she has had wonderful guests stay at the property. Kent indicated she screens all the potential guests at the time of their inquiry as to the purpose of their visit and the number of guests that they will have at the property. At that time it is explained to the prospective renter that the property is located in a residential neighborhood and that there is to be no noise or other disturbances after 9 p.m.that can be heard by a neighbor and that the property is not rentable for events,parties,receptions,weddings,or bachelor/bachelorette parties,etc. After the screening,if the prospective renter does not seem to be an appropriate fit for the property,a reply is sent stating that the property is unavailable for rental. Most of the guests are couples or a family with one or two children. Kent indicated she also has a rental agreement stating the rules of the property that is signed by the tenant prior to their arrival. Kent stated she does not have a problem adding additional rules of conduct or stronger language to the rental agreement if necessary but that she does have a problem being told what she can and cannot do responsibly with the property that she pays taxes on. Kent stated she agrees with the previous speaker and that it is definitely the responsibility of the owner of the property to make sure that issues do not happen. Kent stated she lives approximately five minutes from the rental property and that she manages and maintains it. Kent stated she is interested in seeing what the City drafts. Walsh asked how many properties she has in Orono that she rents out. Kent indicated it is one. Walsh asked if it is homesteaded or non-homesteaded. Kent stated it is non-homesteaded. Jeff Uklu, 1416 Baldur Park Road,stated he lives two doors down from the rental property and that the primary issues are noise,dogs defecating in their yard,scaring children,and increased traffic. Baldur Park Road is a small road,with parking being at a premium,and when cars are packed alongside the road, it would be difficult to get emergency vehicles in there as well as a great inconvenience for the residents. Uklu stated the crux of the problem is the owner of the property needs to be held accountable to make it absolutely clear what the rules of the situation are and that it is located in a quiet residential neighborhood. Uklu commented common courtesy seems often to be lacking in a lot of the renters and that a lot could be done to encourage more responsible renting. Page 3 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 16. #17-3984—CITY OF ORONO TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION—Continued Richie Anderson,3205 Crystal Bay Road,noted this is the first public hearing on this issue but that he would relate it back to the public hearing the City Council held on sexual predators,which is somewhat similar to this situation. Anderson noted he heard at the last City Council meeting how a young teenager goes out in her yard and gets harassed by the renters with lewd comments and how another neighbor does not like to go outside. Anderson stated that could happen at any number of rental properties and that the neighbors do not know who is renting the house. Anderson stated rental properties are similar to renting dock slips in the City of Orono. Anderson questioned whether the rental homes are getting taxed properly as an Airbnb,and that he would guess the properties are not being taxed the same as a residential homesteaded property. Anderson stated arguments can be made pro and con,but that when it is in your back yard,it is quite a different story. Anderson stated when he purchased his house,if he could not afford the taxes,he would not buy it. Anderson noted there was a letter that was sent to Staff that talks about there being no places to rent for their guests in the nearby vicinity. Anderson stated that has changed and that there is a hotel in Wayzata. Orono is not a rental community or a destination community. Anderson stated the person can rent a room at the hotel and have all the conveniences of that and that it should not be a way to help pay for the taxes on the house. Anderson stated in his view a rental house should be taxed more. Anderson stated he is not sure how Staff identified the properties that are for rent,but that they should be in a different tax bracket. In addition,the Council talked earlier this year about conditional use permits and how they do not have any teeth. If the Council decides not to do what Shorewood,Greenwood and a few other communities have done,it should be a conditional use permit with the teeth in it to enforce it. Anderson noted the neighbors are afraid to call the cops due to fear of retribution,which does happen,and that the City Council should not pass the buck. Anderson commented it is too bad one person can spoil it for everybody else but that homestead is homestead and not a rental. If it is a rental,it should be non- homesteaded. Natalie Whitaz Spring Park,stated her boyfriend started renting his property out in March of this year and that their biggest fear was short-term renters would not respect the neighbors or the property. Whitaz indicated they have an elderly couple who lives next door. Whitaz stated one nice thing about Vrbo is that it allows the property owner to set a lot of controls for screening the guest. Whitaz stated some of the things they have done are to require a minimum age limit and minimum night stays. Whitaz indicated one-night stays will be the bachelor/bachelorette parties. Whitaz stated they have found that a lot of the renters are people returning to the area for weddings and other events. Whitaz stated it also helps that they are nearby,which allows them to ensure the rules are being followed. Whitaz stated they also ask for a large damage deposit and that most bachelor/bachelorette parties do not want to pay another$300 to$500. Whitaz noted she recently stayed at a Vrbo in Seattle where the owner did not live in the City,but they said if they get one phone call from their next-door neighbor,they are out of there since the owner has the authority to kick the people out. Whitaz stated in her view there should be some accountability and that there should be someone watching the property. It should not be a situation where the neighbors have to call the police and fear the blowback from that. Whitaz stated with their rules,they have found that they have zero problems and that Page 4 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 16. #17-3984—CITY OF ORONO TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION—Continued it has been nice to see people enjoying the area. Whitaz stated in her view Orono is kind of a destination place and that the renters do spend their money at the local businesses. Seals asked what their minimum number of nights stay is. Whitaz indicated it is two. Whitaz stated it is a one-bedroom home but that it does sleep six people. Seals commented it is helpful that she is not an absent property owner. Whitaz stated there should be someone nearby monitoring the property. Seals asked if they are required to obtain a rental license or a permit from Spring Park. Whitaz stated they do not. Printup asked how she heard about this issue in Orono. Whitaz stated they were contacted by other vacation rental owners. Jeanne Carter,2780 Shadywood Road,noted she addressed the City Council earlier on this issue approximately a year ago. Carter stated in her view there might be problems based on individual properties but to enact kind of an overreaching type of policy might not be the best way to address those individual problems. Carter indicated she and her husband moved to Orono a few years ago but that she used to run a traditional bed and breakfast in Excelsior. Carter stated she enjoys hosting and welcoming people to the community and that there is a real shortage of places for people to stay in this area. Being an Airbnb host is a way to welcome people to the community. Carter noted they are an owner-occupied rental property,and that when they have guests,they are there and have good control over the situation. Carter stated she does it on a limited basis and that the types of people that have stayed with them are people who are coming into the area for a wedding,a funeral,a reunion,or perhaps an anniversary,etc. Carter stated they are not getting large groups of party individuals and that she is particular about how she screens the guests. Carter stated she gets stressed out about a 30-day minimum because then the person is becoming more of a landlord. The longer someone stays at a property,the more comfortable they get,and that's when the problems start. Carter stated she does not feel the City should be looking at a 30-day guideline. Carter indicated she also has no problem with being licensed or paying some sort of registration fee. Carter stated she would question jumping on this as a huge issue when the issue is rather small and concentrated on one or two properties in the city. Dankey asked if her guests sign a contract. Page S of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 16. #17-3984—CITY OF ORONO TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION—ConNnued Carter indicated she does not require a contract since her rentals are short-term but that Vrbo might require a contract. Carter stated she also has a list of house rules that the guest has to sign off on and that she always meets her guests and talks to them about any particulars. Crosby asked what the average compensation is for the evening. Carter stated it depends on the season but that it ranges from$89 to$119 a night. Richard Rohrer, 1424 Baldur Park Road,stated the Council heard from some very responsible property owners but,unfortunately,they are not all like that. Rohrer stated there are some standards of conduct that they should expect from visitors to the Orono community,and that the property owners should bear the responsibility for that. Rohrer stated there has to be a way to hold people accountable when they create a property that creates a nuisance for the neighborhood whether that is done through ordinances or licensing. Mayor Walsh closed the public hearing at 7:33 p.m. Walsh commented there is no silver bullet to solve this issue and that a number of communities have tackled this situation in different ways. Seals stated she has been talking with a number of people in the community and that the Council spends a fair amount of time talking about how property owners have rights. Seals stated the Council also has to take into consideration those property owners that are not responsible and look at ways to address this issue that will cause minimum collateral damage. Seals noted what they heard from the group is that problems seem to arise when a few things happen, such as absentee landlords,unruly tenants,a large number of guests,people who park on the street,no penalty when things go wrong and the neighbors do not know who is there. Seals stated the Council's discussion tonight is to give some direction to Staff on how to draft an ordinance and that they could start by requiring a license,a house inspection,and then requiring certain rules. One rule could be if the City or police department receives a call that there are unruly guests,the property owner could lose their rental license after a certain number of calls. Seals noted she did own rental properties and that she would tell her renters that if she receives a phone call,they are done,which was written in the contract. Seals stated she has no problem with two strikes and you are out. Seals commented they have to have a starting point,which is the license and inspection. Seals stated she is not sure if the City's online permitting system can track who is staying there,but in her view there has to be some kind of middle ground. Seals stated in her view the majority of the people in the room do not have the kind of problems expressed tonight. Walsh stated he would like to look at Orono as a whole,and that in his view Orono is not a rental community. Walsh stated the Council hears over and over again that the residents do not want increased density and that they live here for the schools and the rural community. Walsh stated he does not see Orono as a transient community and that he does not want to help promote that. Walsh stated Orono is Page 6 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 16. #17-3984—CITY OF ORONO TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION—Continued not a destination area such as Florida or Arizona and that it is a bedroom community of people who have lived here for a long time and who want to stay here to raise their kids. Walsh indicated he does not have any problem with requiring 30-day rentals,which gets rid of the short-term issues. Walsh stated he would like to have a little carve out in the ordinance to allow for people who have owner-occupied homesteaded homes like the Carters who rent out a room here and there. Walsh stated in his view that would help alleviate those issues. Walsh stated if someone is going to have a non-homesteaded rental house to make money,Orono is not a destination rental community and that he would like to require a license and a 30-day minimum stay. Crosby commented everybody has the right to enjoy their property and not be infringed upon. Crosby stated he would like to see something in the 30-day range and that he would not have a problem carving something out for the owner-occupied rentals. Seals stated if they think about where the problems arise,it is when the property owner is out of state or otherwise absent regardless if the property is homesteaded or not. Seals questioned whether they would be overcomplicating it with the carve out. Seals stated in her view they can have a short-term rental for less than 30 days if the property owner lives in the state and has a manager for the property,but the moment they or the renters break the rules,they are gone. Walsh noted in Minnesota,in order to kick somebody out,the landlord needs to go to court,and that the renter has certain legal rights. Seals stated the person who is renting the property can lose their rental license. Walsh concurred that a rental license should be a requirement and that their contact information or that of a manager needs to be on file with the City. Walsh stated when things happen on the weekend,the City Hall is closed and that information has to be in the hands of City Staff and the Police Department. Walsh agreed there also has to be some type of strike system and that the landlord should lose their ability to rent for,say, 12 months,but then can reapply. Seals stated the type of people and the amount of people would change drastically if the property owner knew they were at risk of losing their ability to rent. Walsh stated in order to not promote Orono as a transient community,he would like to see 30 days for a minimum stay. Seals stated she struggles with the 30 days because most people do not rent a place for 30 days and they are more likely to rent a place for a week. Walsh stated the people who rent for 30 days are people who might be here for a job versus a party,a family reunion,etc. Dankey indicated she has stayed in Vrbos and that she has always had a good experience. Dankey noted there are a couple of people on Casco Point that have Vrbos and that she has talked to the neighbors and Page 7 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 16. #17-3984—CITY OF ORONO TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION—Continued they have not noticed any problems. Dankey stated she would hate to tell people they cannot do this because it is a very popular thing. Dankey stated in her view Orono is a destination area,and that when she got married,she wanted people to stay close by but there were no places to stay. As a result,she got married downtown instead and not in Orono. Dankey noted she has had problems with neighbors in the past that are not weekend renters. Dankey commented short-term rentals are in and out of the property,but if someone is an absentee owner,they need to have a manager that is within five minutes of the property so they can deal with the issue right away. In addition,the landlords need a management plan. Dankey stated in her view that is how you can get rid of 90 percent of the problems. Seals stated in her view the 30 days is kind of arbitrary,and while the Council is saying they are not shutting short-term rentals down,they in essence will by requiring a minimum 30-day stay. Printup stated the City Council should look at what Orono wants,and that Orono is not a destination spot, not a transient community,but people come here to live,not to vacation. Orono does not have resorts in different areas on the lake. T'he City also has rules that require a principal structure in order to have a dock. Printup stated he wants to protect the residents,let them live their normal,everyday lives,and not have strangers come and go. Crosby stated Orono stands for great schools and quality lake water,and that he does not think Orono needs to have a lot of people coming in and renting and disserving the people who live here. Crosby noted the City Council works for the taxpayers and that it is unfortunate a small group has ruined it,but that is what has happened,and the Council needs to be responsible to the people who live here. Dankey commentedl5 percent of Orono consists of rental properties. Crosby noted they are not short-term rentals. Seals asked what problem the City Council is trying to solve. Seals stated the only true problem that needs to be solved is how to deal with problem renters and a property owner that is not a good neighbor. Seals stated if those things were already in place,the City Council would not be aware of these issues, and that the City does not have to go that far to solve the problem. Seals stated the problem is not becoming a transient community or a surging use of Vrbos. Seals stated the City currently does not have a mechanism in place to know who is renting and that the only recourse is to send them nasty citations. Seals stated she is trying to identify the problem,which is when things go bad,the City has no way to fix it. Seals stated if somebody is going to have a rental,they need to have certain mechanisms in place,and if the City receives X number of phone calls about the property,they are going to lose their rental license. Seals stated in her view that would prompt the property owner to address the issues. Dankey stated she also has lived next to a long-term rental and it was a problem. Dankey stated long-term renters are harder to get rid of. Page 8 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 16. #17-3984—CITY OF ORONO TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION—Continued Printup noted Orono is also a low service community,which helps keep taxes low. Printup stated the answer to the primary problem has an easy solution,which is not to allow it. Walsh stated in his view transient is an issue,because once it is allowed,the word will get out there and people will buy homes on the lake so they can rent them out. Walsh stated long-term rentals tend to be more stable. Dankey commented there a lot of people who used to live in this area that come back here for the weekend to attend weddings and other events or just to see people. Seals asked what will happen with the current rentals. Mattick stated they would not be grandfathered in and that he would encourage the City Council to deal with it through licensing. Mattick stated the concept of grandfathering is more of a zoning issue and this would be more akin to a business license. Crosby stated in his view there should be some time before the new rules take effect so the current rental properties can make the transition. Walsh stated it will be at least January before something gets approved. Seals asked why it needs to be 30 days. Crosby stated if someone has to come here to relocate for a job,that would be a reasonable thing since they would eventually become entrenched in the community. Crosby stated someone who comes her for the weekend or a day is not going to become part of the community. Walsh stated other communities have gone with 30 days and that it appears to be working pretty well for them. Walsh stated the City can get the new ordinance on the books and then tweak it. Crosby commented he would be okay with the exception on the homestead properties renting out a room. Printup noted this is not unique to Orono and that it is happening across the nation. It was the consensus of the City Council that some type of license be required and that the property owner should be allowed two strikes before they lose their license for a period of time. Seals stated a violation call could also result in another charge and the fee could be based on the number of rooms being rented out. Walsh stated he does not want to get into the weeds on the specific rules but that they can get a basic structure in place. Walsh stated he does not want to tell the rental property owners what to do but that they need a license. Crosby stated the licensing fee would also help cover some of the City's costs. Page 9 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 16. #17-3984—CITY OF ORONO TEXT AMENDMENT: RENTAL LICENSING, VACATION RENTAL PROHIBITION—Continued Seals suggested Staff look at other cities to see exactly what they are doing. Barnhart stated in his view 30 days is overstepping what the original concern was. Walsh recommended the City Council go with 30 days with the carve out for homesteaded properties,two strikes and you are out. Walsh stated contact information should also be required. Barnhart indicated he will come back with some options for the Council to look at. Barnhart stated in Prior Lake,non-homesteaded required another level of review and a conditional use permit. If the City Council wants to go less than 30,it could require a higher level of review. Bamhart stated the challenge he has is that the City already has regulations in place for noise and parking but that they are not getting the calls or complaints. Barnhart noted a new ordinance will not solve the late-night noise,and if people are not willing to call the police,it will not do any good. Seals asked what the current consequence is for a noise violation. Barnhart stated there is a fine. Walsh noted there are also a number of conditions that need to be met before a noise citation is given. Seals stated if the fine is a couple hundred bucks,it is not going to break the bank if the property owner is making a few thousand dollars a week,and that the fine needs to be higher in order to help deter the behavior. Barnhart stated the primary concern he heard in 2015 and today is unresponsive landlords and who can be contacted to stop the action. Barnhart stated a registration process or license would give the City some mechanism to address issues. Barnhart noted in 2015 he sent out a request to the residents to report what they think is a violation of a vacation rental and the City received two phone calls. In both of those situations the person actually lived there and was not renting. Bamhart stated regardless of what is done by the City Council,it will require action by the police. The City Council directed Staff to draft a preliminary ordinance based on tonight's discussion. (Recess taken from 8:08 p.m.to 8:20 p.m.) PUBLIC WORKS/CITY ENGINEER REPORT 17. BIG ISLAND PLANNING Edwards stated this item is to gain approval to proceed with the preparation of a Big Island Park planning document to assist with future capital improvements and facilitate grant opportunities. The plan would Page 10 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 17. BIG ISLAND PLANNING—ConNnued also allow Orono to coordinate with sister agencies who have an interest on the park so the City can have adequate communicate with those agencies. Bolton and Menk has provided a proposal to complete a concept plan for Big Island Park for a fee not to exceed$12,000. Seals stated the mini master plan will take a lot of what is talked about in the Big Island Management Plan and will look at the feasibility of different improvements. Seals stated in her view this is a good way to get the sister agencies involved in the process early and to get everyone on the same page. Seals stated this is a good example of what was done with the golf course and also helps everyone look at the whole picture and allows grants to be applied for. Walsh concurred that it would be helpful to have a plan so everyone is on the same page. Seals stated it is also a good way to be transparent and get people involved in the planning process from the beginning. Seals noted there will also be a public hearing to discuss the plan once it is created and that the plan is intended to be a guiding document and does not mean that everything will be done. Printup questioned whether the document will set up expectations for future purchases or improvements. Edwards stated the plan would allow for different options that could be pursued with some anticipated costs. Edwards stated the real purpose of the document is to help guide the planning. Walsh commented it is a starting point. Printup stated he has a concern with doing improvements given the past vandalism on Big Island and that he does not want taxpayers' dollars getting thrown down a black hole. Seals stated security risks,maintenance,septic issues,pipes freezing,etc.,will all be looked at prior to any specific project going forward. Seals stated there are a number of people that want things out there and that this helps everyone look at it in a thorough and comprehensive manner. Walsh stated the City and Big Island Committee will need to manage people's expectations and also limit the amount of money spent. Walsh commented the City should make use of volunteers and donations to do some of this. Seals moved,Crosby seconded,to accept Bolton and Menk's proposal to complete a concept plan for Big Island Park for a fee not to exceed$12,000. Printup asked if the plan looks at perhaps installing a flag or a marker of some type for the veterans' camp. Seals stated at the committee meetings she will be talking about ADA accessible trails,whether structures make sense,security and maintenance issues with those structures,and possible activities. Rief noted there are also restrictions on what can be done based on the easements. Page 11 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 17. BIG ISLAND PLANNING—ConNnued Printup commented he likes hearing what the committee will be doing but that he will not be voting in favor of the plan because of the history of vandalism on Big Island. Seals noted there are a number of people,companies,associations and foundations that are willing to volunteer and donate but that they need to have a plan in place before they can go ahead and do it. Seals stated the goal is to get more people involved and any improvements will be brought back before the City Council for approval. Printup indicated he will vote for the motion based on what Council Member Seals just stated. VOTE: Ayes 5,Nays 0. 18. McCULLEY ROAD BRUSH SITE FENCING Edwards stated the City of Orono provides a site for residents to drop of brush on McCulley Road. The site has become quite popular over the last two years since year-round brush drop off has been allowed. The issue is that the site has started to collect concrete,refrigerators,and rocks in addition to brush and a number of contractors dumping brush in there. The proposal before the Council tonight looks to establish hours of operation and man the site during those hours. Edwards recommended establishing a brush fee in order to offset the cost of providing an employee to manage the site and installing 380 feet of fence with a gate and guard booth. The anticipated cost is$25,400. Edwards indicated he did look at the option of having an automated gate but felt it would be too cumbersome. Walsh asked if the grinder can rip apart the stumps. Edwards indicated it can. Walsh asked what the City's annual cost is to dispose of the other items. Edwards indicated it is probably several thousand dollars yearly just in labor. Walsh stated the grinding of the brush and stumps does not cost the City anything. Walsh stated if they assume the cost to get rid of the other debris is approximately$5,000 a year and the cost of the employee is approximately$12,000,the question is whether$8 a cubic foot for nonresidents and contractors will cover the cost. Walsh stated he is worried about adding more costs to the site. Edwards stated approximately 5,000 cubic yards of brush is brought to the site each year and that in his view the majority comes from nonresidents. Walsh commented it is likely not as much brush will be brought there if a fee is charged and that the question is whether the City wants to spend$25,000 to install fencing,a gate,an attendant shack,and then pay an employee to man it. Walsh stated the only inconvenience to the residents is that the site will be closed during the wintertime and the limited hours of operation. Page 12 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 18. McCULLEY ROAD BRUSH SITE FENCING—Continued Edwards stated the hours of operation could be changed based on the season. Walsh stated he likes the idea of keeping it free to the residents but that contractors should have to pay. Edwards noted most contractors charge a tipping fee and then dump at the site for free. Printup stated when the site first opened up,it was very popular,and that this will help finetune the operation. Richie Anderson,3205 Crystal Bay Road,suggested the City consider installing video cameras at the site so they can find out who is dumping there. Anderson commented it would also be nice to retain the access to the trail. Edwards stated that is part of the reason for only 380 feet of fencing. Edwards noted this is not an official access site for the Luce Line trail but that it is regularly used by the people accessing the trail. Edwards indicated he did talk to the DNR and they said they would not mind if it is shut down but a lot of people use it. Rief stated it is kind of a liability issue if they can access the whole site and that it would be better to limit access. Printup moved,Crosby seconded,to authorize the city engineer to install fencing,gate and attendance shack at the brush site for a cost not to exceed$25,400,and to implement a brush drop- off fee of$8 per cubic yard for nonresidents and contractors,and to hire a seasonal employee(s)to man the facility in 2018. VOTE: Ayes 5,Nays 9. PLANNING DEPARTMENT REPORT 19. #17-3987 JOHN KRAEMER& SONS ON BEHALF OF ELLEN REDMOND,2625 KELLY AVENUE,AFTER-THE-FACT CONDITIONAL USE PERMIT(GRADING)— RESOLUTION NO.6809 Curtis reviewed her November 13,2017, Staff memorandum regarding a request to waive Planning Commission review of the application and a request to approve a conditional use permit for removal of approximately 4,500 cubic yards of fill material. This amount of fill was not identified at the time the application was initially reviewed and approved. The need for the conditional use permit to address the removal was not realized until late October. Due to the timing of the discovery for a grading CUP,the weather,and the limited opportunity for a Planning Commission public hearing,the applicant is requesting that the City Council hold the public hearing. Staff recommends approval of the requests. Walsh asked how this application got to this point. Curtis indicated it was a series of things. Curtis stated sometimes plans are reviewed piecemeal and that Planning Staff looks at the zoning issues but do not calculate the cubic yards. In this application,the consulting city engineer reviewed the project and not the City Engineer and that issue was not identified Page 13 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. 19. #17-3987 JOHN KRAEMER& SONS ON BEHALF OF ELLEN REDMOND,2625 KELLY AVENUE,AFTER-THE-FACT CONDITIONAL USE PERMIT(GRADING)— RESOLUTION NO.6809—Continued for Staff. When the application was looked at as a whole,the grading did not raise any red flags. When the house was demolished,the contractor started to clear the site and prepare the building envelope. Curtis noted the contractor did a good job with the site and no complaints were received. Crosby asked if the new foundation will be in line with setback requirements. Curtis indicated it will be and that the only issue is the removal of the fill. Seals asked how often the review by the Planning Commission is waived. Curtis indicated it has been done in the past and that it typically happens at the end of the year when there is no December Planning Commission meeting. Barnhart noted the public hearing will be held tonight if the City Council waives the review by the Planning Commission. Seals stated she does not want to set a precedent for skipping the Planning Commission. Rief stated this is the second one this year and both were unique exceptions. Curtis stated one of the concerns addressed is the cleanup of the silt off the street and the contractor has done a good job with that. Crosby moved,Printup seconded,to waive review by the Planning Commission of Application No. 17-3987,John Kraemer& Sons on behalf of Ellen Redmond,2625 Kelly Avenue,and to hold the public hearing at the City Council meeting. VOTE: Ayes 5,Nays 0. Mayor Walsh opened the public hearing at 8:58 p.m. There were no public comments regarding this application. Mayor Walsh closed the public hearing at 8:58 p.m. Mike Sharratt, Sharratt Design,stated the reason for the amount of fill was that the original house on the site was a two-story home with no basement. With the house that was designed,the owner did not want the house to appear that large and so a basement was built. Sharratt stated in that basement is a sport court,which generated a lot of the fill. Crosby moved,Seals seconded,to adopt RESOLUTION NO.6809,a Resolution granNng a conditional use permit to allow removal of material in excess of 500 cubic yards for the property located at 2625 Kelly Avenue. VOTE: Ayes 5,Nays 0. Page 14 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,201'7 7:00 o'clock p.m. 21. #17-3977—BRIAN BENSON AND CHUCK ALCON ON BEHALF OF JIM AND MARY JUNDT, 1400 BRACKETTS POINT ROAD,SKETCH PLAN Barnhart stated this is a sketch plan proposal for a 5-lot subdivision of 400 Bracketts Point. The existing house will remain but the other structures will be removed. The project is proposed to meet all minimum development standards,including lot size,width,etc. The plan also proposes to relocate Bracketts Point Road from the edge of the water on the west side of the parcel and run it along the interior of the site. The public Bracketts Point Road will terminate in a cul-de- sac at the south end of the site. A private drive will then connect to the existing private rackets Point Road to serve the three lots at the southern end of the point. The existing sanitary sewer easement within the road will remain and be protected by an easement. Staff prefers this option over the option that was presented at the Planning Commission meeting. The property is subject to the Conservation Design ordinance. Printup asked if the City would want to keep the road private or public. Barnhart stated since the road would serve five homes,it would be preferred that the road be public. Chuck Alcon,Developer,stated at the recommendation of the Planning Commission,they have contacted the neighbors in the area. There are eight PIDs involved,and five of those property owners have been contacted and are not opposed to the project. The other three will be contacted in the near future. In addition,they have also met with the Watershed District,the LMCD,and the fire chief. Alcon stated the two major improvements they are looking to accomplish is to move the road away from the lakeshore,which removes the hardcover in that area,and eliminating the hammerhead in favor of the cul-de-sac,which meets the requirements of the fire chief. Walsh stated relocating the road away from the water is a positive improvement. Walsh commented they did a great job when they renovated the house and that he assumes they will do a great job on this project. Crosby asked what the rule of thumb is for having the road become a private road. Barnhart stated the Code outlines when a road should be private or public and it is usually determined by the number of homes on it. The road will serve eight or nine different properties,which supports the need for a public road. Walsh asked what the preference of the owner is. Alcon indicated they are proposing it as a public road and that there will be four new lots and one existing. Each lot will have their own well. Alcon noted they will be having a series of ineetings with Staff and that they are still at the sketch plan phase. Dankey asked if it would be very expensive to relocate the sewer line. Barnhart indicated it would be not be a cost the City would bear and that the applicant would need to assume those costs. Barnhart stated when you look at the challenges of accessing a sewer pipe in 21. Page 15 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m. #17-3977—BRIAN BENSON AND CHUCK ALCON ON BEHALF OF JIM AND MARY JiJNDT, 1400 BRACKETTS POINT ROAD,SKETCH PLAN—ConHnued someone's lake yard, it might be better from a salability standpoint to have a property unencumbered by an easement and Staff's recommendation is to relocate it. Edwards stated the Public Works Department would need to access the manhole annually to clean the pipes out and whoever owned that property would not want the City driving through their yard each year. Alcon stated they have not looked at the engineering at this point but the objective would be to connect further up the private road and then gravity feed down to the existing lift station. Dankey asked about access onto County Road 15. Alcon indicated they will be discussing that with Hennepin County. The City Council took no formal action on this item. MAYOR/COUNCIL REPORT Seals stated Staffhas been working really well with the Minnehaha Creek Watershed District and that she is excited to see what the Big Island Committee and the Watershed District can do together. Seals stated the next step is developing the mini master plan. Printup noted Bracketts Point used to be called Starvation Point 100 years ago. Dankey wished everyone a happy Thanksgiving. Crosby thanked the veterans and their families for their sacrifices. ' Walsh stated he would echo Council Members Dankey's and Crosby's comments. Walsh noted the Park Commission will be bringing a number of items before the City Council in the near future and that the City will continue to improve the parks. CITY ADMINISTRATOR'S REPORT 22. RESOLUTION SUPPORTING ORONO PARKS,GREEN SPACES,PLAYGROUNDS AND TRAILS IN PERPETUITY—RESOLUTION NO.6810 Rief stated he would recommend approval of the resolution and that it shows a commitment by the City to the 456 acres of city parks and the land on Big Island. Rief stated the parks help improve the quality of life in Orono. Printup moved,Seals seconded,to adopt RESOLUTION NO.,a Resolution Supporting Orono Parks,Green Spaces,Playgrounds,and Trails in Perpetuity. VOTE: Ayes 5,Nays 0. Page 16 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,November 13,2017 7:00 o'clock p.m, CITY ATTORNEY REPORT Mattick stated he had nothing to report. ADJOURNMENT Printup moved,Seals seconded,to adjourn the Orono City Council meeting at 9:18 p.m. VOTE: Ayes 5,Nays 0. ATTEST: Anna Carls9n,City Clerk Dennis Walsh,Mayor Page 17 of 17