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HomeMy WebLinkAbout12-11-2017 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, III, Wendy Dankey, and Aaron Printup. Representing Staff were City Administrator Dustin Rief, Community Development Director Jeremy Barnhart, City Planner Melanie Curtis, City Planner Laura Oakden, 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 6:30 p.m., followed by the Pledge of Allegiance. TRUTH -IN -TAXATION PUBLIC HEARING 1. 2018 BUDGET HEARING Olson stated the purpose of the public hearing tonight is to discuss the 2018 General Fund budget and tax levy and it is not to discuss property values of any particular property. Olson provided an overview of how property taxes are calculated. The first step in the process is the Hennepin County Assessor will place a value on the property, which is then multiplied by a property tax rate. The property tax rate is set by the State of Minnesota. Olson explained the tax capacity rate is a simple mathematical calculation and consists of the property tax levy set by the City Council, which is then divided by the City's tax capacity. The City's tax capacity is 1 percent of the first $500,000 and 1.25 percent on anything over $500,000, so on a $500,000 home, the tax capacity would be $5,000. The property tax levy, divided by the tax capacity, equates to the property tax rate. For Orono, the property tax levy being proposed tonight is $5,439,951, and the City's total tax capacity as calculated by Hennepin County is $32,863,837. The City's tax capacity rate is calculated at 16.553 percent, which is the number that is used to determine the City's portion on everybody's taxes in the City. Olson stated an $861,000 home would have a tax capacity of $9,512.50, which is then multiplied by the 16.553 tax capacity rate resulting in a city tax of $1,574.60. Olson noted the City's portion of a person's total tax bill amounts to approximately 15 percent, with the biggest tax portion going to Hennepin County, followed by the school district. In addition, Orono's tax levy is the lowest of the surrounding cities. Hennepin County averages around 40 percent, followed by Mound at 45 percent, and then Maple Plain at 66 percent. The metro area average is 29 percent school, 39 percent county, and 29 percent city. Olson stated Orono has worked hard to keep the City's tax rate down around 15 percent. The majority of the properties in Orono are residential at 89 percent, with 3 percent being industrial/commercial, farms at 1 percent, and the other category is at 7 percent, which can be vacant properties, utilities, and golf courses. The total tax levy required to fund the 2018 budget is $5,439,951. This is an increase of $234,721 or 4.51 percent over the 2017 levy. A portion of the increase to the levy is designated for funding the City's Pavement Management Plan to address the City's aging road infrastructure. The remaining increase of $104,721 is an increase to the General Fund operating levy. Olson stated even with the increase in the levy, the City's tax rate will decrease from 16.844 percent to 16.529 percent. Page 1 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 1. 2018 BUDGET HEARING — Continued Olson stated the tax levy is used to fund the general operations of the City, pay the debt service on the City's outstanding bonds, and to fund the Pavement Management Fund. The breakdown of the 2018 levy is $711,000 for debt service, $383,000 for roads, and the remaining $4,345,951 is used in the General Fund. The City's tax capacity, based on the annual property revaluation, is $2,879,524,978, with a tax capacity of $32,961,379. When compared to last year, Orono's taxable market value has increased by 5.44 percent and the tax capacity by 5.76 percent. As a result of the City's increased tax capacity, the tax capacity rate will decrease from 16.844 percent in 2017 to 16.529 percent in 2018. Using this tax rate and assuming no change in a property's value, the City's share of the property tax bill would be a decrease of $7.4 on a home previously valued at $250,000; a decrease in tax of $15.75 on a $500,000 home; a $1,000,000 home will see a decrease of $35.44 percent; and a $2,000,000 home will see a decrease of $4.81. Olson reviewed the City's proposed 2018 General Fund budget, noting the City's primary revenue source is the property tax levy. The 2018 General Fund tax levy is proposed at $4,355,050, which is 3.8 percent higher than the 2017 General Fund levy. Total General Fund revenues are budgeted to increase by $205,540 in 2018. As it relates to expenses, the expenditure budget is set at $8,193,036 or a 2.57 percent increase over the 2017 budget. The budget for the Police Department is increasing $132,275 and is primarily due to wage increases. Other notable increases are $27,034 in administration, which is due to the hiring of a full-time administrator; the elections category is increasing by $22,392 because 2018 is an election year; the street department is increasing by $26,068; and the parks budget is increasing by $56,667 due to the hiring of a full-time golf course/parks supervisor. The budget for the Planning Department is decreasing by $22,741, which is due in part to staffing changes. The majority of the decrease is due to the reduction of contracted services. The other significant decrease is in the Special Projects and Contingencies Department, which has been removed from the budget. Special Revenue Funds consist of the Park Fund, the Drug Forfeiture Fund, and the TIF Fund. Special revenue funds have a primary source of revenue that is dedicated for a specific purpose. The primary revenue source of the Park Fund consists of park dedication fees collected from developers. By state law, these funds must be used for parkland acquisition and development. The Drug Forfeiture Fund receives its primary funding from the Police Department's drug and alcohol enforcement activities, such as DWIs and vehicle confiscation. Those funds must be used for drug and alcohol related activities. The TIF Fund is used to account for revenues related to the Orono Woods Senior Housing Development. The 2018 levy for debt service is $711,000. This levy is used to pay the debt service on the City's outstanding bonds. The Water, Sewer, Stormwater, and Recycling Funds are designed to account for the business type activities of the City. These funds do not receive any property tax revenue. As part of the 2018 fee schedule, the following rate increases are being recommended: water at 6 percent; sewer at 6 percent, and stormwater at 10 percent. It is the City's long-term goal to fully fund infrastructure improvements through utility rates and not use special assessments. Page 2 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 1. 2018 BUDGET HEARING — Continued The water fund has historically operated at a loss. Because depreciation is a non-cash expenditure, the fund has had a positive operating cash flow since 2009. In most years, the operating loss has been covered by the revenue received from antenna leases on the water towers. For the last four years, water rates have been increased by 11 percent annually. The 2018 budget has a 6 percent increase, with future increases to be determined to be based on a utility rate study that is being performed in 2018. Staff recommends approval of the 2018 property tax levy, the 2018 General Fund budget, the 2018 Special Revenue Fund budgets, and the 2018 Enterprise Fund budgets. Mayor Walsh opened the public hearing at 6:52 p.m. Richie Anderson, 3205 Crystal Bay Road, stated he was wondering about the numbers for the sewer fund. Olson stated it should be 296 and that there was an error in the numbers. Anderson stated the City spent $110,000 for a trail from the Luce Line to Long Lake and that the City is now allocating $130,000 in the new levy for street maintenance, which is a wiser use of the City's money. Anderson asked where the $110,000 came from. Walsh indicated it came out of the Park Fund. Anderson asked whether there are any other pet projects budgeted for next year. Walsh stated the City will be focusing on road projects next year. Anderson noted the City pays $182,000 to the Hennepin County Assessor each year and that years ago Orono used to have its own assessor. Anderson stated he has a property that went up 18 percent and that it is very difficult to get an answer from Hennepin County. Walsh stated Orono does not have to hire Hennepin County for their assessing services but Hennepin County does have to sign off on everything. Walsh noted the previous City Council elected to sign a 5 -year contract with Hennepin County, which leaves the City obligated to use the services of the Hennepin County Assessor's Office for the next few years. Anderson stated in his view the City could hire its own assessor for less money and he would be readily available to talk to the residents. Walsh stated there are not a lot of people in that business anymore and that the assessor is required to conduct a 20 percent review of the City, which is a considerable amount of work. Walsh stated the City did not explore finding an independent person because they elected to go with Hennepin County. Anderson noted Maple Plain has an independent assessor and that it was just a suggestion. Crosby stated years ago when his property taxes kept increasing, he first approached the City and then finally went down to Hennepin County, spoke with them, and got his taxes reduced. Crosby stated the City is tied into the contract for five years. Page 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 1. 2018 BUDGET HEARING — Continued Anderson asked what the transfer to other funds is. Olson indicated the $250,000 transfer to other funds is to the equipment outlay fund, which is a fund the City uses to purchase equipment for the City as well as the Long Lake Fire Department. The other approximate $130,000 is for the debt service on the police department bond. Anderson stated the $110,000 could have been spent on the police department bond rather than the trail. Mayor Walsh closed the public hearing at 7 p.m. Walsh noted out of the 48 cities in Hennepin County, Orono is the 45'x' lowest taxed city in the county. In addition, the City's permit revenue has gone up tremendously and that the City has made the permitting process easier as well as reduced the fees by approximately two-thirds. Walsh stated the City is telling people that Orono is open for business, which is reflected by the 20 percent increase in revenue for November. Walsh stated they are also continuing to fund the Pavement Management Fund. Walsh stated when he first came on the City Council, that fund had zero dollars in it and now that is up to $350,000. Walsh stated given the increased revenue, even with raising the levy by 4 percent, if someone's property valuation stayed the same, their taxes will go down. Walsh stated as it relates to the Special Revenue Funds, in the past the City never budgeted for depreciation or replacement, which resulted in the City borrowing money for projects. Walsh stated that is now being budgeted so the City will have the money to do improvement projects. Dankey moved, Crosby seconded, to close the Truth -in -Taxation meeting at 7:03 p.m. VOTE: Ayes 4, Nays 0. Crosby moved, Dankey seconded, to approve Resolution No. 6813 - 2018 Property Tax Levy, Resolution No. 6814 - 2018 General Fund Budget, Resolution No. 6815 - 2018 Special Revenue Fund Budgets, and Resolution No. 6816 - 2018 Enterprise Fund Budgets. VOTE: Ayes 4, Nays 0. APPROVAL OF AGENDA 2. CONSENT AGENDA Items No. 10, 12, 13, 15, 16, 17, and 18 were added to the Consent Agenda. 3. CITY COUNCIL MEETING MINUTES OF NOVEMBER 27, 2017 4. CLAIMSBILLS 5. CONFIRMATION OF 2018 OPEN BOOK MEETING — DATE AND TIME PROPOSAL 6. APPROVAL OF 2018 LIQUOR LICENSE RENEWAL Page 4 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 7. CARMAN BAY LAKE IMPROVEMENT DISTRICT AGREEMENT 8. #17-3981 TODD AND ANGIE OLSON, 3325 CRYSTAL BAY ROAD, VARIANCES — RESOLUTION NO. 6817 9. #17-3986 TRAVIS DeJONG,1270 WILDHURST TRAIL, CONDITIONAL USE PERMIT RESOLUTION NO. 6818 10. 2018 PUBLIC WORKS PLAN 12. #17-3980 SHAWN WISCHMEIER, 540 BIG ISLAND, AFTER -THE -FACT VARIANCES, RESOLUTION NO. 6820 13. #17-3988,17-3989, and 17-3990 LAKE WEST DEVELOPMENT, LCC, ON BEHALF OF RICK AND BARBARA LUPIENT, (FIDS 20-117-23-42-0001, 20-117-23-42-0002, and 20- 117-2342-0003) "IVY PLACE", VARIANCES, EASEMENT VACATION, AND CONDITIONAL USE PERMIT — RESOLUTION NO. 6821 15. AUTHORIZATION OF DISBURSEMENT OF CITY FUNDS FOR CLAIMS 16. 2017 INTERFUND LOAN AND TRANSFERS 17. 2018 NON-UNION COMPENSATION RESOLUTION NO. 6822 18. APPROVE 2018 FEE SCHEDULE Crosby moved, Printup seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. Walsh moved, Printup seconded to add Item 9A after Public Comments, Update from the LMCD. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None 9A. LMCD UPDATE Mark Kroll, LMCD Representative, and Vickie Schleuning, LMCD CEO, were present. Kroll noted he was appointed as a representative to the LMCD last summer and that Orono will be contributing $56,000 next year to the LMCD. Kroll reported the LMCD is under new management due to issues raised about efficiency, which has been taken care of by the hiring of Vickie Schleuning. This year the LMCD passed a noise ordinance due to loud music being played on Lake Minnetonka. Page 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 9A. LMCD UPDATE — Continued Kroll stated the bad news is that aquatic invasive species are tough to get a handle on and that he receives a number of phone calls from residents inquiring about milfoil and zebra mussels. Kroll stated it seems that no matter how much money is spent on it, it does not go away. Kroll stated as it relates to the governance of the LMCD, it is very top heavy in that there are 14 representatives from the jurisdictional cities on the LMCD, which makes it hard to get things done. In addition, the LMCD does not have publicly articulated goals and objectives. At this point the LMCD is in the process of trying to rewrite some of the LMCD ordinances to better define where the jurisdiction of the LMCD starts on the lake. Currently the laws govern anything whenever someone or something is a foot over the water but that is not always defined consistently throughout the ordinances, and in some cases, it is not specified. LMCD's lawyer proposed the rules be set at one-tenth of a foot, but after a half hour discussion, the Board could not get a vote to approve the one-tenth of a foot. Kroll commented he is not sure whether there is a solution to the situation since the LMCD structure is set up by the State of Minnesota. Walsh noted the City Council approved a LID earlier this year for Long Lake, which should hopefully help address the milfoil problem on that body of water. Walsh stated the City periodically gets calls asking when the City will start putting some money towards getting rid of the milfoil and that currently Orono contributes $58,000 a year to the LMCD. Walsh stated the last time Vickie appeared before the Orono City Council she was very new to the job and was not able to answer all of the Council's questions regarding the LMCD's budget. Walsh asked what the LMCD's budget is set at for 2018. Vickie Schleuning indicated the budget is approximately $500,000 for all of the different funds, which is pretty similar to what it has been since approximately 2008. Schleuning noted the LMCD has lost a number of grants during that time. Schleuning stated at the present time the LMCD is conducting an AIS survey that people can take, which the LMCD will be taking a look at in the coming months. Currently milfoil is one of the most common concerns raised. Walsh asked what the LMCD's reserves are currently at. Schleuning indicated they are attempting to keep 30 to 50 percent of the general fund amount in reserve and that she has looked at all the areas the LMCD handles as well as the individual funds to get a better handle on what money is going where. Schleuning stated the LMCD is currently at around $400,000 but that also includes donations that have to be used in a certain way. Walsh asked how much the LMCD spent on legal this year. Kroll noted the LMCD receives a percent of all fines received. Schleuning stated legal fees were approximately $45,000, which is separate from the prosecution fees received. Schleuning stated legal prosecution was approximately $26,000. Page 6 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 9A. LMCD UPDATE — Continued Walsh asked what her salary is. Schleuning indicated her salary is approximately $85,000 and that the administrative department has two full-time people and one part-time receptionist. Schleuning noted that changed from three full-time to two full-time and that the LMCD will be utilizing supplementary consulting. This past year the administration department was $149,000. Walsh stated in the past the LMCD administration costs were almost half of the LMCD budget and that the City of Orono is always looking for efficiency and prioritizing different projects. Schleuning stated she does more than just shuffle papers and that yesterday she was also out installing signs and checking the condition of the ice. Schleuning noted the ice is still thin and that people should exercise caution. Schleuning noted a lot of the administration costs are related to the services provided. Walsh encouraged the LMCD to continue to improve their efficiency. Crosby thanked the LMCD for their assistance with the dock for the fire department. Crosby noted all of the invasive species have been brought in from some other place and that he would like to see the LMCD and/or Hennepin County implement a system of tagging boats and have that fee go towards cleaning up the invasive species rather than have the residents incur all the costs. Crosby stated it could be a sticker program or something similar, which would then generate some revenue to address this issue. Crosby indicated he is not a big believer in the harvesting and that the harvesting can actually spread the milfoil. Crosby stated the chemical treatments do seem to be working and that the treatments on Carman Bay have helped quite a bit. Kroll stated they will check into the boat tags but that he is not sure the LMCD has the legislative authority to do that. Kroll stated as far as the invasive species, Orono is well aware of the complexities of harvesting and the other issues but that the chemical treatments do appear to be working. Walsh asked if he is enjoying being on the LMCD Board. Kroll stated this is his first experience being on a nonprofit board and that the LMCD does make a difference on the lake. Kroll stated he is asking to be reappointed for another two years. Schleuning stated as it relates to AIS, the LMCD conducted observation on all the bays this past year to help determine what is happening on the lake and that part of the survey is intended to gather information. Schleuning noted the LMCD has been losing funds from the state and that Lake Minnetonka is definitely one of the busier lakes in the area. Schleuning stated one of the goals of the LMCD is to figure out what is happening on the lake and perhaps do some predictive modeling. Page 7 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. PUBLIC WORKS/CITY ENGINEER REPORT 11. RON STEFFENHAGEN RETIREMENT RESOLUTION — RESOLUTION NO. 6819 Crosby moved, Dankey seconded, to adopt RESOLUTION NO. 6819, a Resolution Recognizing Ron Steffenhagen for his 43 years of Dedicated Service to the Orono Golf Course and granting him a life -time membership. VOTE: Ayes 4, Nays 0. PLANNING DEPARTMENT REPORT 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY Barnhart reviewed his December 1, 2017, memorandum regarding a request by River Valley Sports for approval of a tent for a sales display. Barnhart noted the City Council reviewed this at their November 27 Council meeting and requested additional information on parking and ownership. Barnhart noted River Valley Sports is a marine based sales and service business located on Shoreline Drive. There are three other tenants on the property, resulting in 70 parking stalls being required in the summer and 15 -plus spots in the winter. The property is owned by EOF Investments. EOF Investments has three tenants occupying the property: Browns Bay Marina, Your Boat Club, and River Valley Power and Sport. Your Boat Club operates under a conditional use permit. Browns Bay Marina and River Valley are permitted uses in the B-2 zoning district. Barnhart noted only River Valley Power and Sport is requesting the use of the tent. The expansion of a permitted use, temporary or long-term, is permissible following review of a site plan. A condition being recommended by Staff is to expressly prohibit Your Boat Club from having a presence in the sales tent. Any expansion of Your Boat Club would require a review of their conditional use permit. In addition, an issue was raised at the last Council meeting about the possible noise that would be generated from the heaters. The supplier of the heaters has indicated that the decibel reading at three feet is 71 decibels, which is comparable to the sound of a vacuum cleaner. Barnhart reviewed the various parking areas dedicated for this site. Barnhart noted the parking requirements differ in the summer versus the winter. The summer requirement for all three businesses is 70 spaces and 18 for the winter, with three additional parking spaces being required for the tent. In total 81 parking spaces have been identified. In addition to the parking on the site, across Shoreline Road is a gravel parking lot that can support 17 legal spaces. Legal spaces are defined as 9' x 20', with an adjacent 24 -foot wide aisle. An additional 13 legal spaces can be found on the adjacent residential lots and five spaces in the triangular shaped gravel area north of the gazebo. Staff's analysis of the site plan shows that the parking requirements of all three commercial entities and the two residential parcels can be satisfied via the existing parking and meets the parking requirements imposed by City Code. Walsh asked whether the applicant provided a parking plan. Barnhart indicated they provided some information that Staff then utilized. Page 8 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Walsh stated he finds it hard to believe that there is no true parking plan associated with this site and that he is not sure how Staff can determine how many actual legal parking spots there are on the site. Walsh stated he is not sure there is enough legal parking on the site during the summer. Barnhart stated the site is used differently in the summer and that this site has developed and morphed over time. Walsh stated there is a conditional use permit on the site that defines how much parking they should have and that there should be a defined parking plan. Barnhart stated Staff's analysis does not necessarily change anything with the conditional use permit and that it is something to look at with any amendment to the conditional use permit. Barnhart stated based on his analysis of the parking, there are approximately 30 parking spaces for River Valley, which meets the City's parking requirements. Barnhart stated because the proposal meets the requirements for use, parking, and other applicable city ordinances, Staff recommends approval of the temporary site plan/special event permit subject to the conditions outlined in the Staff report. Crosby asked if the spots on the residential lots are included in the overall parking. Barnhart indicated they are included and that there is a parking agreement in place over those two residential properties that allows commercial parking. Printup asked whether they are requesting the tent for three months or two months. Barnhart stated the time limit is up to the City Council and that Staff recommends the tent be removed by March. Dankey asked if there are any concerns with the proximity of traffic on County Road 15 to the tent. Dankey questioned whether that will slow down traffic or cause confusion. Barnhart stated the tent will not be any closer to the road than the existing building. Walsh noted there were a couple of incidents in that area just within the past week. Walsh stated he considers something that lasts two months to be more of a use than a special event. Dankey commented that area is confusing enough without something else going on. Walsh stated in his view it is an intensification of the site. Dankey stated people going to the boat show will slow down to find a place to park, which impedes the motorists attempting to get home. Page 9 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Curt Sweetso, River Valley, stated the tent will be set back further than the entrance to the building and to the west. Sweetso indicated they could erect a sign pointing out the parking and that their intent is not to create a distraction but to have people be able to get in and out. Currently River Valley has ten boats inside and that they would like to bring up some boats from Rochester to display during the boat shows and during the Super Bowl. Sweetso stated he does not believe the impact in winter will be that great and that they had one person come in today. Sweetso stated they want people to have access to the boats both during the show and in the days following the shows. Sweetso indicated the event will not go late into the evening. Crosby asked what the closing time will be. Sweetso indicated they close at 6 p.m. during the week and on Saturdays they close at 3 p.m. Crosby asked when the boat shows will be. Sweetso indicated the Minneapolis Boat Show starts around January 19 and that he does not know offhand when the other two boat shows are. Dankey asked if the intention is to have the tent just for this year. Sweetso stated if it is a success, they would like to be able to do it perhaps in future years. Walsh stated that is another issue and that the question is whether a special event should last for a couple of months, which could set a precedent. Walsh stated in the past the City has turned down requests to change the zoning, especially if someone wants to take their site and intensify what happens on the site. Sweetso stated they can have the boats there regardless if there is a tent there or not. Walsh stated the City cannot stop them from putting the boats outside. Crosby stated perhaps the City could meet them halfway and have it end March 1. Crosby stated the City also has to be cognizant of businesses' needs and that Orono is not anti -business. Walsh stated to his knowledge the City has never done a two-month special event. Barnhart noted this originally came in as a special event request and that it really is a temporary site plan review because there is an ending date. Mattick stated the City Council has control over the time frame, noting the City does not receive a lot of temporary site plans for review. Mattick stated the City's Code does not distinguish between permanent and temporary. Mayor Walsh asked whether anyone from the public would like to comment on this item. Page 10 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Matt Johnson, 1432 Shoreline Drive, stated he lives next door to the site and that in his view this is further intensification of the site. Johnson stated the tent is clearly being erected to bring people to the site and that River Valley has different sites they could do this on. Johnson noted in the last four or five days, there have been two incidents, one directly in front of this property that shut down County Road 15, and that there have been multiple accidents in front of this site. Johnson stated people will slow down and will be looking at what is going on with the tent. Johnson stated in his view this is not an area where the City should be encouraging intensification, which is the issue behind the winter parking versus summer parking. Johnson stated this is a very complicated situation that this Council has inherited and that the reality is the parking that was claimed in 1989 does not exist but was not a problem because it was just a marina operation. The parking plan does not put into consideration where a 26 -foot boat is parked, which could take up four or five of the parking spots that are supposed to be dedicated to the customers. Johnson stated River Valley has an indoor space already and the questions are whether there is a real need for the tent and whether that need outweighs the potential risks to the motorists and the people who live there. Johnson asked what the allowable decibel reading is from the site. Barnhart indicated he does not have that information off the top of his head. Johnson stated to his knowledge it is 50 decibels and that it decreases at a certain time. Johnson questioned who will be policing it if there is a violation of the rule. Johnson stated it comes down to the neighbors and that he is looking for the Council's help on not only this issue but also on a long-term plan for the site. Johnson stated the City Council needs to look at how they are using the site and how many parking spots will be left after 20 boats are placed there. If 20 boats are placed on the site, it is likely the parking or the boats will end up on the residential property. Johnson stated to have this be considered temporary for two to three months seems beyond reasonable and that temporary is a weekend with some setup and take-down time. Johnson stated this is an attempt to utilize this site beyond its capacity. There were no further public comments. Dankey stated this is difficult because the road is very narrow and busy in that area and there is already a bit of a distraction there. Dankey commented she does not know if this is good for Orono and that she wishes it was bigger piece of land with more parking. Crosby asked what the parking requirements of the residential lots are. Mattick indicated he did not review the parking requirements for the residential lots. Crosby stated in his view that should be looked at. Crosby suggested as a compromise the tent be out by March 1. Page 11 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Barnhart stated the lots are zoned residential, which normally allows two cars to be parked outside, but that there is a parking agreement or contract that governs the lots and allows cars to be parked on those residential lots. Walsh stated the question is who the parking agreement is with. Walsh stated the agreement should be in conformity with the City's rules even if the City is not a party to it. Barnhart stated the parking agreement was a requirement of the City as well as common ownership of all three lots. Crosby asked what would prohibit another business from purchasing an adjacent residential property and utilizing it as part of their business. Barnhart stated the City Council could prohibit parking on the residential lots in that circumstance but in this situation the City has already allowed the commercial entity to park on the residential lots. Walsh stated it would be interesting to see those documents and that it would be helpful to understand and see a real parking plan. Richie Anderson, Crystal Bay Road, stated the spirit of the overflow parking was for summertime only. Anderson indicated Jim Rivers originally owned this site and he presented a sketched -out map of the overflow parking, which was approved by the City. Anderson stated in 2005, he had a survey done of the property and that is the survey that is being used today. Anderson indicated the City never required him to submit a parking plan and that parking spaces have never been officially established. Anderson stated the problem with retail is it expands. Anderson noted he owns three marinas in the City and those businesses stay within the boundaries of their site. Anderson stated the spirit of the overflow parking was for the summertime and not the wintertime and that there never has been a detailed parking plan submitted. Walsh indicated he does not have a problem with any of the conditions outlined in Staff's report and that he would like to place a three or five-day limit on the tent, which would coincide with a normal special event in the City. Walsh stated other businesses, such as the Builders Showcase, could request tents for three months if this is approved. Walsh stated he is fine with River Valley picking the week they would like to have the tent. Walsh indicated he is fine with the parking at this point since parking is minimal during the winter, but if anything else is done on this lot, the City will need to have a definite parking plan and a better understanding of all the agreements. Rief noted the City allows 65 decibels in a residential zone and that River Valley is proposing 70 decibels at three feet. Rief stated further out it will be quieter and that the noise should be contained on the property. Page 12 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Printup stated the latest the store is open is 6 p.m. and Staff's condition under Item C says 10 p.m., which should be changed. Barnhart indicated that was taken from the City Code. Printup indicated he does not have a problem with starting with a smaller time frame and that he does not like the idea of a two or three-month temporary thing. Printup stated he would not be comfortable with a month and that the City Council can always extend it next year if it goes okay. Printup indicated he would be okay with a week. Dankey stated in her view a week or two would be a special event. Crosby stated the business is looking for two months and that a week or two would accommodate the business better and allow them to take advantage of the Super Bowl. Sweetso stated the whole goal was to cover the three boat shows over three weeks, with the Super Bowl the following week. Sweetso stated having it for one week would not make a lot of financial sense and that he is not sure if two weeks would either. Sweetso stated the goal was to cover the whole boat show season. Walsh commented he understands the fact that they would like the longer period but that people would also like to change two -acre zoning to one -acre zoning so they can make more money. Printup moved to approve the request by River Valley Sports for use of a tent for a sales display, subject to the conditions outlined in Staffs Report, with Item C being revised to require a 6 p.m. ending time each day, elimination of Item F, and allowing the tent for seven days somewhere between January 19 and March 19'. Mattick asked whether the days should be consecutive. Printup stated he would be okay with it being broken up. Dankey noted since River Valley will be moving the boats there, they likely would not want it broken up. Dankey moved, Crosby seconded, to amend the motion to allow the tent for up to 14 days, with a 6 p.m. ending time. Rief noted two weeks from January 19 would get them through the Super Bowl. Printup stated he is uncomfortable with 14 days and that he is really concerned with calling something temporary when it goes longer than a week. Walsh seconded Printup's motion. Crosby noted Lunds has had a tent for fireworks that is up for weeks. Page 13 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. 14. APPROVAL OF TEMPORARY SITE PLAN FOR RIVER VALLEY SPORTS USE OF TENT FOR SALES DISPLAY — Continued Barnhart stated Lunds does pull a permit for that and that typically a temporary site plan review is a Staff issue. Staff elected to bring this request before the City Council due to the history of the site. VOTE: Ayes 2, Nays 2, Crosby and Dankey Opposed. Motion fails. Crosby moved to approve the request by River Valley Sports for use of a tent for a sales display subject to the conditions outlined in Staffs Report, with Item C being revised to require a 6 p.m. ending time each day, elimination of Item F, and allowing the tent for two weeks somewhere between January 19 and March 19th. Crosby stated in his view the City needs to be more flexible and that they should give them two weeks, which would cover the Super Bowl. Crosby stated two weeks is more reasonable and friendlier to businesses and is also being cognizant of the neighbors. Crosby stated he is very familiar with that intersection and that most of the time when cars go in the lake it is because the driver has been drinking. Crosby stated the two weeks will allow the business to take advantage of the Super Boal but not make it a long-term thing. Crosby stated if River Valley would like to do it again the following year, the City Council can review how it went, and if it caused a nuisance, it will not happen. Dankey seconded Crosby's motion. VOTE: Ayes 2, Nays 2, Walsh and Printup opposed. Motion fails. Crosby moved, Dankey seconded, to approve the request by River Valley Sports for use of a tent for a sales display subject to the conditions outlined in Staffs Report, with Item C being revised to require a 6 p.m. ending time each day, elimination of Item F, and allowing the tent for ten days somewhere between January 19 and March 19`h. VOTE: Ayes 4, Nays 0. Motion passes. MAYOR/COUNCIL REPORT Dankey noted Charles Lazerus from the Minneapolis Orchestra is playing in Orono tonight. Crosby commented he looks forward to seeing the bell ringers in front of Lunds and that he would encourage everyone to be generous. Printup noted this is the last meeting of the year and that he would like to congratulate the new council members for making it through the year and working hard on next year's budget. Walsh thanked Staff and Council for their great work through the year and that he looks forward to 2018. Walsh commented the City had a great year with some extra revenue coming in, technology being improved, the City's parks and roads being improved, a rescue boat dock being approved on Lake Minnetonka, the residents seeing a decrease in the tax rates and permit fees, and a new city administrator being on board. Page 14 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 11, 2017 6:30 o'clock p.m. CITY ADMINISTRATOR'S REPORT 19. RESOLUTION OPPOSING CHANGE TO THE ADMINISTRATION OF HENNEPIN COUNTY SHERIFF'S CRIME LAB WITHOUT CONSULTATION WITH COMMUNITIES AFFECTED BY THE CHANGE — RESOLUTION NO. 6823 Dankey moved, Crosby seconded, to adopt RESOLUTION NO. 6823, a Resolution Opposing Change to the Administration of Hennepin County Sheriffs Crime Lab without Consultation with Communities Affected by the Change. Walsh noted the vote is scheduled for tomorrow by Hennepin County and there has been no consultation with the police chiefs in the area regarding the changes. Rief stated one of the police chief's concerns is that the process has not been handled appropriately for all the stakeholders and that there have been no consultations regarding the changes for the past six months. Walsh commented this is a long-term decision and it should be vetted better. Rief stated Staff does not feel comfortable with the process and has received very little information regarding it. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he has nothing to report. ADJOURNMENT Walsh moved, Printup seconded, to adjourn the Orono City Council meeting at 8:25 p.m. VOTE: Ayes 4, Nays 0. AT Anna Carlson, City Clerk Dennis Walsh, Mayor Page 15 of 15