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HomeMy WebLinkAbout04-09-2018 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 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,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,City Planner Melanie Curtis,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 CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF MARCH 20,2018 2. CITY COUNCIL WORK SESSION MINUTES OF MARCH 20,2018 3. CLAIMS/BILLS 4. APPROVAL OF 2018 RENTAL LICENSES 5. AUTHORIZATION FOR DISPOSAL OF FIREARMS 6. BACKUP GENERATORS FOR LIFT STATIONS#5(351 WEST LAKE STREET)AND #9(1550 BOHNS POINT ROAD) 7. GOLF COURSE CLUBHOUSE DECK This item was removed from the Consent Agenda. 8. GENERATOR MAINTENANCE CONTRACT This item was removed from the Consent Agenda. 9. APPOINTMENT OF 2018 SEASONAL EMPLOYEES 10. BIG ISLAND DONATION—MATERIALS AND LABOR FOR VISITOR CENTER This item was removed from the Consent Agenda. 11. 2018 JOINT USE DOCK LICENSE RENEWALS—RESOLUTION NOS.6839 to 6848 12. LA18-000013—NATHAN VANCAMP,601 MINNETONKA HIGHLAND LANE, VARIANCE—RESOLUTION NO.6849 13. LA18-000015—MICHAEL JONES,3186 NORTH SHORE DRIVE,VARIANCE— RESOLUTION NO.6850 Page 1 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. CONSENT AGENDA-Continued 14. LA18-000016—DALE GUSTAFSON ON BEHALF OF ERIK NAFSTAD, 1370 CHERRY PLACE,VARIANCE—RESOLUTION NO.6851 15. LA18-000019—MARK WILLIAMS ON BEHALF OF MARY AND MARK ENGER, 2697 CASCO POINT ROAD,VARIANCES—RESOLUTION NO.6852 16. LA18-000020—KUHL DESIGN ON BEHALF OF ANDERS MYHRAN,2280 FOX STREET,CONDITIONAL USE PERMIT—RESOLUTION NO.6853 17. LOCAL 49 COLLECTIVE BARGAINING AGREEMENT MEMORANDUM OF UNDERSTANDING 22. PLANNING COMMISSION ALTERNATES Item No.22 was added to the Consent Agenda and Items No. 7, 8,and 10 were removed from the Consent Agenda. Printup moved,Seals seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5,Nays 0. PUBLIC COMMENTS Fire Chief Van Eyll invited the City Council and public to attend their annual pancake breakfast on Sunday,April 15,at the Long Lake Fire Station. PRESENTATION 18. PLANNING COMMISSION RECOGNITION—RESOLUTION NOS.6854 to 6856 The City Council recognized and commended Loren Schoenzeit,Denise Leskinen,and Jon Schwingler for their exemplary service on the Planning Commission for the past eleven years. Crosby moved,Dankey seconded,to adopt RESOLUTION NO.6855,Resolution of Appreciation to Loren Schoenzeit for Distinguished Service as a Member of the Orono Planning Commission. VOTE: Ayes 5,Nays 0. Printup moved,Crosby seconded,to adopt RESOLUTION NO.6854,Resolution of Appreciation to Denise Leskinen for Distinguished Service as a Member of the Orono Planning Commission. VOTE: Ayes 5,Nays 0. Seals moved,Dankey seconded,to adopt RESOLUTION NO. 6856,Resolution of Appreciation to Jon Schwingler for Distinguished Service as a Member of the Orono Planning Commission. VOTE: Ayes 5,Nays 0. Page 2 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT 7. GOLF COURSE CLUBHOUSE DECK Edwards stated the purpose of this item is to gain approval from the City Council accepting the low quote from lion River Construction for the construction of an approximate 900 square foot deck on the southwest side of the clubhouse. Iron River Construction came in as the low bidder with a quote of $41,624.49. The money for this improvement would come out of the Parks Enterprise Fund. Walsh noted the Park Commission takes care of the city parks and that the City is always looking for ways to improve them. Walsh thanked the Orono residents and members of the Save the Course Committee for their efforts at upgrading the golf course. Printup moved,Crosby seconded,to accept the quote received from Iron River Construction in the amount of$41,624.49 for construction of a clubhouse deck. Vote: Ayes 5,Nays 0. 8. GENERATOR MAINTENANCE CONTRACT Edwards stated City Staff is looking for approval from the City Council to accept a quote from Modern Power Solutions in the amount of$35,998.00 for maintenance service on the City's emergency power generators. The purpose of the service agreement is to provide a consistent and preventative means of maintenance with an established cost. The generator maintenance will be funded primarily by the Sanitary Sewer Fun. Walsh noted the City has 46 lift stations and that while the Public Works Department has done a great job of maintaining the City's infrastructure through the years,the City Council wants to make sure there is a good maintenance contract in place to handle the City's maintenance needs to help protect the residents. Crosby moved,Seals seconded,to approve the generator maintenance contract between the City of Orono and Modern Power Solutions in the amount of$35,998. VOTE: Ayes 5,Nays 0. 10. BIG ISLAND DONATION—MATERIALS AND LABOR FOR VISITOR CENTER Edwards stated a primary focus of the City for the past year has been considering various improvements to the park on Big Island. Home Depot has come forward with a donation of materials in the amount $2,359.80 and there is a commitment by Camp Gratitude to provide volunteers to complete work on the visitor center building at the Big Island Park. The work consists of stripping and repainting the structure, repairing the decking and stairs,and other minor fixes to the building. Walsh noted Home Depot every five years donates in excess of$87,000,000 towards veterans' projects throughout the country. Walsh thanked Home Depot and Camp Gratitude for their generous donation of money and labor to help refurbish the caretaker's house on Big Island. Walsh stated the City,with the help of the Big Island Committee and various groups and volunteers,are incrementally improving the park. Walsh thanked Orono Resident Dennis Libby for introducing the City to Camp Gratitude and for his efforts in securing the donation. Seals commented this is another example of how it takes a village and not a single person to make the community great. Seals thanked Dennis Libby for his help with this. Page 3 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. 10. BIG ISLAND DONATION—MATERIALS AND LABOR FOR VISITOR CENTER— Continued Dankey moved,Printup seconded,to adopt RESOLUTION NO.6859,a Resolution Accepting a Donation from the Home Depot Foundation and Camp Gratitude for Use at Big Island Park. VOTE: Ayes 5,Nays 0. 19. LA18-000022—GEORGE STICKNEY ON BEHALF OF JUDSON DAYTON,825 OLD CRYSTAL BAY ROAD SOUTH,PRELIMINARY PLAT(TOPSIDE)—RESOLUTION NO.6857 Judson Dayton,Applicant,was present,along with David Stickney,Developer. Curtis stated the applicant is proposing subdivision of the single lot located at 825 Old Crystal Bay Road into two lots. The plat is proposed as a front lot/back lot configuration with a private driveway outlot serving both lots. The lots,as proposed,meet the minimum acreage requirement for the LR-1A District and the back lot requirements of 150 percent area and setback dimensions. The preliminary plat reflects a proposed grading plan for Lot 1 lakeward of the average lakeshore setback to establish a new engineered grade for building height determination. The Planning Commission recommended approval of the application subject to the applicant addressing the location of the air-conditioning units with an easement and recommended waiver of the average lakeshore setback variance for Lot 1. In addition,the Planning Commission was generally supportive of waiving the sewer connection requirement until the property is more intensely developed and directed the applicant to work with Hennepin County on the existing monument/gate/fence encroachments. Curtis stated to her understanding the developer has worked an agreement out regarding the air- conditioning units. No additional comments were received from the public since the Planning Commission meeting. Final plat approval will not be granted until all applicable permits and approvals from the Minnehaha Creek Watershed District and Hennepin County are received. Staff recommends approval of the preliminary plat,including the lake setback establishment for Lot 1 as close as 80 feet from the OHWL. Curtis displayed an aerial photograph of the area and pointed out Lot 1 on the overhead. Walsh noted one of the adjacent homes is located far back on the lot and the other adjacent home is closer to the lake. Printup asked what would happen if the new owners are not amenable to the easement for the air- conditioning units. Curtis stated Staff's recommendation was to remove the air-conditioning units and relocate them onto Lot 2,but the Planning Commission was amenable to allowing them to remain if an easement is agreed upon. Page 4 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. 19. LA18-000022—GEORGE STICKNEY ON BEHALF OF JUDSON DAYTON,825 OLD CRYSTAL BAY ROAD SOUTH,PRELIMINARY PLAT(TOPSIDE)—RESOLUTION NO.6857—Continued Seals stated in her view the air-conditioning units should be moved. Curtis indicated it is her belief there is also some landscaping associated with the units. Dankey asked what would happen to the access to the other two lots. Curtis stated the Dayton home will continue to utilize the improved driveway access in Outlot A and that their accessory buildings consisting of a barn and a caretaker's cottage will remain on the property and utilize that access point as well. Curtis indicated there will be two access points for the two lots but that Lot 1 will be served solely off of Outlot A. Curtis displayed the landscape plan for the area by the air-conditioning units. Crosby asked why the applicant is requesting a waiver of the sewer connection fee. Curtis stated the applicant feels this is an extreme circumstance given the distance and the amount of disturbance that would be required to bring the sewer in to serve one additional home. If Lot 2 were to be developed,the same requirement would remain. Rief asked what the distance is from the house to the sewer. Judson Dayton,Applicant,indicated it is 1,500 feet. David Stickney stated he is here tonight in place of his father,George Stickney. Stickney stated if the air-conditioning units have to be replaced in the future,they will move them back to the property line. Stickney stated they are hoping to enter into an easement with the new owners,and if they are not amenable to that,they do not want the units to become a hinderance to the marketing of the properties and they will be moved. Stickney noted there is also a well that services the pond that will be covered by an easement as well. The property consists of 27.5 total acres. The lot was originally two properties,which were then combined. Stickney noted they have four possible septic locations identified and that they are looking at one septic site for the 5.7 acre lot,which will be located 300 plus feet away from the lake. Bringing septic to the other site would require a sewer line that is approximately 1,500 feet long. Stickney stated Mr.Dayton already has a perfectly fine septic system and the process will just require further tree removal and add$150,000 in costs. Stickney stated if there is any further subdivision of the property,then it would be necessary to consider implementing a sewer line connection to the properties. Judson Dayton, 825 Old Crystal Bay Road,stated 25 years ago when they installed the air-conditioning units,they constructed a slab on grade with footings with a stone wall that resembles an abandoned farmhouse. Dayton stated it would be very difficult to move and works perfectly. Dayton stated if there is a way to work with the new buyers to leave it there,he would like to do that. Page 5 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. 19. LA18-000022—GEORGE STICKNEY ON BEHALF OF JUDSON DAYTON,825 OLD CRYSTAL BAY ROAD SOUTH,PRELIMINARY PLAT(TOPSIDE)—RESOLUTION NO.6857—Continued Dayton noted there has been talk about this as a subdivision but that they are merely carving off five acres for one additional lot and that there are no plans at the present time to further subdivide. Walsh stated he understands where the applicant is coming from on the sewer line,and noted that if the property is further subdivided,that would send up a flag to Staff. Dankey commented the monuments are nice looking. Dayton indicated they are planning on doing some major cleanup in that area and that they are willing to work with Hennepin County on the monuments,which have been there since 1907. Dayton stated the monuments have never been an issue in 111 years and hopefully they will continue that way. Stickney pointed out they are approximately 30 feet off the road. Mark Gronberg, Surveyor,indicated he spoke with Jason Godfrey at Hennepin County and they are not going to require removal of them unless the road is widened at some point. Printup moved,Seals seconded,to adopt RESOLUTION NO.6857,a Resolution Approving a Preliminary Plat for the Plat of Topside,File No.LA18-000022,825 Old Crystal Bay Road South. VOTE: Ayes 5,Nays 0. 20. LA18-000023—CITY OF ORONO,AMEND ARTICLE XI OF THE CITY CODE RELATED TO WETLANDS AND WETLAND SETBACKS Barnhart noted last fall the City Council directed Staff to prepare an ordinance to reconsider the City's 10-foot wetland setback requirement. The Council felt that the additional setback impedes the use of a property and only provides marginal benefit,especially when considering the Minnehaha Creek Watershed District does not require a buffer in all situations. Based on Council's direction, Staff has prepared an ordinance that requires a setback of 25 feet when there is not a wetland buffer. When there is a wetland buffer,any structures are required to be outside of the buffer. This modification reduces the distances between improvements and the wetland edge from current levels. Barnhart noted there are two factors at play as it relates to wetlands. The first is a wetland buffer and the second is a wetland setback. Currently the Minnehaha Creek Watershed District regulates all wetlands within the City of Orono and requires a 25-foot setback from a wetland. In the past the City has also required an additional 10-foot setback to that buffer area. In addition to removing the 10-foot setback requirement and to avoid the overlapping of regulations,the ordinance defers jurisdiction for the establishment and maintenance of wetland buffers to the MCWD. The Planning Commission reviewed the proposed ordinance at their March meeting. The Commission felt that additional separation between a structure and a wetland was beneficial to the protection of that wetland and no change was necessary. The Commission ultimately recommended no amendment to the ordinance. Page 6 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. 20. LA18-000023—CITY OF ORONO,AMEND ARTICLE XI OF THE CITY CODE RELATED TO WETLANDS AND WETLAND SETBACKS—Continued Barnhart noted the City did receive two letters in opposition to any change. Staff recommends adoption of the ordinance as drafted. Walsh noted a person can walk in the buffer area but would not be allowed to mow or fertilize it or construct a structure in that area. Walsh stated this review originally came from the City's Development Review Committee. Currently the Minnehaha Creek Watershed District requires a setback of 25 feet and the City Council is now looking at whether they should continue with the additional 10-foot setback that is required by the City. Walsh noted the change would allow firepits and swing sets to be located in that 10-foot area but other structures would not be allowed. Cassandra Ordway, 1145 County Road 6,stated the Minnehaha Creek Watershed District does have an ordinance for wetlands and wetland setbacks,but that the MCWD has to look at a very large district, which includes both rural and residential areas. Orono is a very special rural area and it has taken a lot of work and thoughtful consideration over many years to protect the wetlands in Orono. Ordway stated in her view what the City has been doing in partnership with other cities has been very positive and has been moving the area forward in water quality. Ordway stated she hopes the City Council realizes that the Minnehaha Creek Watershed District includes Edina and areas closer to the Cities and that the MCWD's regulations are more district based and not specific to Orono. Ordway stated she also is not sure there has been enough citizen input on this item and that a few people have called her who indicated they had not gotten notice of the meeting tonight due to a change in the listserv. Ordway commented she is not sure if there is a lot of understanding about this discussion tonight and that some further input might be desired. Ordway stated she wants to make sure the City Council thinks about the long-term impacts of the change. While they are only talking about 10 feet plus 25 feet,no study has been done to see how that will impact the wetlands in the future. Ordway stated it is very hard,once a regulation is made more lenient,to get those areas back. Ordway stated in her view there is a compromise that can be reached,and that the City should have some scientists and experts look at the long-term effects. Ordway stated one of the questions that should be addressed is whether this will change the infiltration into the wetland. Ordway noted they know there are always encroachments into the buffer/setback area,and that if there is only a 25-foot buffer,there likely will be fire pits and playgrounds put closer and closer to the wetland. Ordway stated Orono has fought to keep that distance for preservation of the water quality and that the Minnehaha Creek Watershed District looks at it more from a regional point of view. Ordway noted the City is currently working on its Comprehensive Plan update and that they should question how this will fit into the Comprehensive Plan as well as the City's water management plan. Andy Johnson,Lecy Brothers Remodeling, stated he is in favor of the proposed change but that he completely understands the concerns of the previous speaker about losing the extra 10 feet. Johnson noted Orono is the only city that has this extra setback and the Watershed District takes their job very Page 7 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. 20. LA18-000023—CITY OF ORONO,AMEND ARTICLE XI OF THE CITY CODE RELATED TO WETLANDS AND WETLAND SETBACKS—Continued seriously. Johnson stated he would recommend the City Council read some of the MCWD guidelines when it comes to the buffer areas. Developers and builders are required to put a$5,000 escrow down for a silt fence,along with a buffer agreement,to ensure that the area is not disturbed;and if it is disturbed, the area has to be restored. Johnson stated in his view the Minnehaha Creek Watershed District does a great job watching the wetlands and that he would encourage the City Council to talk to the Watershed District about their setbacks. Johnson stated some of the changes that have been made to Orono's regulations have been very helpful and that years ago people were reluctant to move to Orono given the regulations. Johnson stated the changes have helped change that feeling. Johnson provided the MCWD guidelines to the Council. Ordway asked how many requests for variances the City has received. Barnhart stated he does not recall any from a wetland setback primarily because the people are told by Staff that it is difficult to show practical difficulty,which is required for a variance. Ordway stated she appreciates the developer and the work they do in the community. Ordway noted there has been a lot of conversation revolving around fire pits and small sports courts but that a house within 35 feet of the wetland is very different than a fire pit and that they are two very different discussions. Dankey asked if there is a way to delineate the difference between a house right at the buffer versus something else at the buffer line. Walsh commented it would require a long list of prohibited items. Barnhart stated that type of regulation is difficult to enforce and that the City is attempting to move away from that type of delineation in their ordinances. Barnhart stated if the City Council is comfortable with an improvement within a certain distance from a wetland,they should specify that distance. Walsh stated people cannot mow it or fertilize that area. Dankey commented people are likely to mow it if it is right next to their house. Dankey stated if someone buys next to a wetland,they should know about it. Walsh stated it is the responsibility of the Watershed District to enforce their regulations. Crosby asked what the definition is of a wetland. Barnhart indicated there are specific standards that are required to be met to determine if it is a wetland and that there are different types of wetlands. Barnhart stated soils,vegetation and presence of water are only one component to it. Page 8 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. 20. LA18-000023—CITY OF ORONO,AMEND ARTICLE XI OF THE CITY CODE RELATED TO WETLANDS AND WETLAND SETBACKS—Continued Crosby stated he has a wetland across the street from his home and that there is no 25-foot buffer from the road. Crosby stated he is not sure the extra ten feet adds that much safety to the wetland or enhances the water quality. Crosby stated if the Watershed District felt it was necessary,they would require 35 feet. Seals stated in her view water quality is a bigger discussion than just a wetland buffer setback. Seals stated another question is what chemicals do to the water. Seals noted Orono has a number of homes on the lake that have very pristine lawns down to the shoreline with no weeds. Seals stated it would be nice to bring back a more natural lakeshore but that she is not sure she wants to get into the business of regulating that. Walsh noted a substantial amount of water from up north also comes down and enters Lake Minnetonka, which is unregulated as well. Crosby stated the setback could also be 45 feet and that it becomes a question of where it stops. Printup moved,Crosby seconded,to adopt ORDINANCE NO.205,THIRD SERIES,AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO WETLAND REGULATIONS. VOTE: Ayes 5,Nays 0. 21. CONSIDERATION OF PETITION CONCERNING A PORTION OF BRACKETTS POINT ROAD Barnhart stated a petition has been received requesting the City convert the private portion of Bracketts Point Road to a public road. The three lots at the south end of Bracketts Point are currently served by a private road. This private road was created as part of the plat Bracketts Point 2nd Addition in 2007. The two owners of these three lots have petitioned that approximately 540 feet of the private road within Outlot B be converted to a public road,meaning that the City would take over maintenance of the street. Staff has reviewed the request and has found that in general the condition of the private road is good,is 10 years old,was built to city design standards as it relates to materials and thickness,and the additional street length would not negatively impact snowplowing operations. However,the geometry of the road does not meet city standards and is currently 20 feet wide. In addition,the radius of the cul-de-sac is supposed to be 50 feet and is instead 45 feet. The public portion of Bracketts Point Road also does not meet the City's standards. If the Council finds accepting this portion of Bracketts Point Road as appropriate,the City would then take over snowplowing and maintenance of the road. If the road becomes public, Staff would recommend the road be chip sealed prior to transfer and that Outlot B be transferred to the City. The City Council should direct Staff to draft a resolution of approval or denial. Based on the terms of the original easement,all parties would need to sign the resolution if a change is made. Walsh asked how wide the new public road is. Barnhart stated to his knowledge the new road would be 28 feet,which meets the City standards. Page 9 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. 21. CONSIDERATION OF PETITION CONCERNING A PORTION OF BRACKETTS POINT ROAD—Continued Dankey asked if the existing road would be ripped up. City Administrator Rief indicated the existing road would be relocated and the new road would be completed by the developer. Upon completion of the new road,the road will go straight rather than curve to the left and the only access for turnaround would be on the private road section. Walsh stated the discussion about private roads has come up a lot in the past and that he personally has no problem taking back any privately-owned road as long as it is up to City standards. Walsh stated the City will need to look at what the useful life of the road is since it is 10 years old as well as the costs associated with improving it. Crosby noted the other part of the public road is not up to city standards. Barnhart illustrated the portion of the road that would be removed. Barnhart noted that portion of the public roadway is currently 21 feet wide and will be widened to 28 feet. Dankey asked where the snowplows would turn around. Barnhart indicated a cul-de-sac will be constructed. Seals noted the City has 97 other private roads and questioned whether this would be opening Pandora's Box. Seals asked what the benefit would be to the City to take over ownership of the private portion. Walsh stated it comes down to a cost issue. Walsh noted the residents are paying taxes and that he is willing to take back any private road as long as the costs to improve the road are taken into consideration. Crosby noted the residents were told in the past that a private road is a luxury. Crosby asked if there is a benefit taxation-wise to someone who lives on a private road. Crosby concurred the City has to look at it from an economic perspective and that the road will have X amount of cost to the City in the future. Crosby stated if they do it for one group of residents,there could be a number of others that would request the same thing. Dankey commented there are a number of private roads that have more houses on them than this road. Printup stated the bottom line is,when the private roads came into being,the idea was to help keep taxes lower. Crosby asked whether the people on private roads pay less in taxes than someone who lives on a public road. Printup asked whether the amount of private roads versus public roads is approximately 50 percent. City Administrator Rief stated they are all paying the same rate and that the City has 19 miles of private roads. Page 10 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. 21. CONSIDERATION OF PETITION CONCERNING A PORTION OF BRACKETTS POINT ROAD—Continued Seals commented there are a number of roads in the City that still need to be repaired or improved. Edwards stated if you exclude all the roads that do not belong to the City,the State,or are municipal state roads,it is approximately half and half. Printup stated one of the reasons he would not agree to this is that it will create a domino effect. Walsh stated if the road is improved to an almost new condition,that should be taken into consideration. Crosby agreed that it will create a domino effect. Crosby noted in the past the City did not have a budget for roads,which is not the case now,but that there are a number of projects that need to be completed. Bruce Paddock, 1500 Bracketts Point Road,noted he spoke at the Planning Commission meeting a month ago and supported the project. Paddock indicated he also raised the idea of making the entire length of the road public. Paddock stated because of the development and the new road,this project will impact everyone on the road. Paddock stated one of his concerns is the new public roadway that connects County Road 15 and the cul-de-sac. In addition,the existing cul-de-sac splits Bracketts Point in two. Paddock stated in his view this is probably the most opportune time to do what is right. Paddock stated he would like to clarify that the public roadway was constructed in 2009 and was actually paid for by himself. Paddock stated he was required to build it to public road standards,and in Staff's report it states the road's thickness and material types are consistent with the City's current public road standards. Paddock stated the private road is in good condition with very little evidence of pavement wear. In addition,the road has curb and gutter and does comply with public road standards. Paddock stated if you look at the public roadway,it is in terrible condition;whereas,the private road is in excellent condition as indicated in Staff report. The private roadway is used by the public because there is no delineation between the public road and the private road so motorists treat it as a public road. Paddock noted the property owners on the private road pay the same property tax rate as all the other property owners along Bracketts Point Road and that in his view they should receive the same services as the rest of the property owners on Bracketts Point. Paddock stated in fairness to all properties along Bracketts Point,the road should be made public the entire length. City Administrator Rief stated the concern he has is that the City focuses a lot of property rights and that it will not be a true transition from a public to a private road. Rief stated once the road is straight,there is a concern that people will continue on. David Stickney stated after the subdivision with the mini cul-de-sac,people will continue to go down to the point as they have always done because it seems like a public road. Stickney noted there are three properties on the private road. Stickney asked how many other streets the City has that go from public to private. Stickney stated to his knowledge there is Bohn's Point and Bracketts Point. Crosby asked whether a gate could be installed. Page 11 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. 21. CONSIDERATION OF PETITION CONCERNING A PORTION OF BRACKETTS POINT ROAD—Continued Barnhart indicated a gate cannot be installed across the road. Paddock stated it might be helpful to understand the history of the area. At one time the whole point was owned by George Brackett. Brackett sold 13 acres back in 1915 to the Pillsbury family. Paddock indicated Mr. Headrick said he sold the whole end point to the Carpenter family in 1905. Honeywell- Sweats then purchased the whole property in 1934. Paddock stated for years that area was served by the public road. Paddock indicated he developed the property in 2007 and segregated off two lots. Paddock stated for a number of years it was one property that was owned by one family,but since then it has been subdivided into three lots owned by three separate owners. Paddock stated he is asking for the road to serve all of the property owners equally along Bracketts Point Road. Mark Headrick,1480 Bracketts Point Road,stated his parents purchased the property in 1984. When Mr.Paddock subdivided it,he constructed a conforming road in 2009. Headrick stated even with the hammerhead and the road not being straight,they still have people coming down the private road. Headrick stated it is not fair that it will be treated as a public road when it is really not,especially when they pay the same tax rate as the other property owners on the public portion. Crosby asked how many roads in Orono start as public and then have it end in a private road. Barnhart stated there are a few but not very many. Edwards stated the majority of the City's private roads are entirely private. Dankey asked if the private road can be brought up to city standards. Barnhart stated to his knowledge it was given a waiver at the time it was constructed. Barnhart indicated Mr. Paddock and the developer worked together closely to orient the new road and that the new public road will terminate in a cul-de-sac and the private road will continue on. Printup asked if this is similar to the end Heritage. Barnhart indicated that is public to public. Dennis Libby stated 250 feet of the road going into the Jacobs property is private. Walsh noted a previous City Council approved the private road on Bracketts Point. Walsh stated the only issue he has is if the road is ten years old,how much of its useful life has been used up. City Administrator Rief stated the condition for it to become public is that it be chip seal. Walsh commented he does not believe in chip seal. City Administrator Rief noted Staff can change the conditions. Page 12 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. 21. CONSIDERATION OF PETITION CONCERNING A PORTION OF BRACKETTS POINT ROAD—Continued Walsh stated if the road has a 20-year useful life,they should determine how much of its life has been used up and then compensate the City for that amount. Edwards stated a typical road life is 50 years,which encompasses construction of the road to reconstruction. That would assume chip sealing four times,two overlays and then reconstruction. Edwards stated for that 540-foot segment of road in today's dollars,it would be$157,000 in maintenance for that road segment if everything is done according to the Pavement Management Plan. Seals stated the City should take a look at other roads to see how they can be improved rather than assuming control of this one. Edwards stated he receives a number of calls about this time of the year about how a private road can be converted to public. Edwards noted he basically tells the callers basically the same thing that has been discussed tonight,but that this is the first one where there is actually a decent road section. Walsh stated 20 percent of$157,000 is approximately$41,300. Walsh stated when someone buys on a private road,they have to take the responsibility for it. Crosby stated there will be costs to the City. Walsh commented this is a unique situation since it is just a little end stub but that the City has to follow the same process every time and not make exceptions. Walsh stated they have to do the math and explain how it works. Dankey stated it makes sense to make the road all public since a large portion of it is public already. Dankey noted there are not many situations like this in the City. Crosby stated financially the City's budget is not there for it. Crosby stated if the City had a massive road budget,it would make sense,but that they don't. Crosby stated the City needs to fix the roads and that it is going to come down to math. Printup noted Orono has had private roads for 60 or 70 years and that it appears the City is looking at developing a new plan. Dankey noted three-fourths of the road is already public and that this situation is a little bit different. Rief stated if the City can no longer provide public safety services because the homeowners association does not fix the road,that is another situation. Paddock stated he can appreciate the City Council's concern about watching the City's tax dollars,but he would like to reiterate that he pays$160,000 every year in property taxes and the other properties on Bracketts Point are paying similar amounts of money. Paddock stated it has been confirmed that the road has been built to public standards. Paddock noted all the property owners are paying the same mill rate but that three of the properties are not receiving the same service. Paddock stated he is asking the City Council to treat everyone on Bracketts Point equally. Page 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. 21. CONSIDERATION OF PETITION CONCERNING A PORTION OF BRACKETTS POINT ROAD—Continued Printup asked why the road was not converted to public when it was rebuilt in 2009. Stickney stated at one time it was a public road,but once it got spun off through a subdivision,it became private. Headrick stated it was a public road up to the hammerhead until 1982. Paddock stated when he bought the balance of the land,he subdivided the property into two lots. At one time the point was owned by one family and was one contiguous property,but over the last 30 years,it has been divided up into three separate properties. Dankey asked how many homes will be on the private road after the subdivision. Paddock indicated there will be five lots on the private road and 12 total. Stickney stated the public likes to drive down the street to look at the properties and that there will be more of that once the new road is constructed. Walsh stated this is a broader discussion than simply Bracketts Point and that perhaps the City Council should discuss it further at a work session. Walsh stated it is not discrimination since everybody made their own choice to buy on a private road. Walsh suggested the City Council table this so they can have a broader discussion as a City Council. Crosby stated the City should set parameters for when residents ask for a private road to be converted to public. Dankey commented she can see people driving down the private road and that this is a different situation. Paddock stated it is being treated as a public road. Crosby stated he has signs posted on his road that say private road but it does not stop people from driving down the road and turning around in his driveway. Printup noted back in the 1980s it was planned that way. Dankey commented new homes were also not being added on the road. Paddock stated policies can be amended and changed,but that he understands the concern for potential requests. Paddock stated in his view,to be fair and just to everybody,it should be one continuous road. Crosby moved,Dankey seconded,to table Item No.21,consideration of petition concerning a portion of Bracketts Point,to a work session. VOTE: Ayes 5,Nays 0. (Recess taken from 8:45 p.m.to 8:50 p.m.) Page 14 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Seals and Printup stated they have nothing to report. Walsh stated he is looking forward to the Big Island Committee meeting and the Comprehensive Plan Update meeting coming up. Walsh stated the City is making a lot of progress toward updating the Comprehensive Plan. CITY ADMINISTRATOR'S REPORT 23. LETTER ADDRESSING STREET IMPROVEMENT DISTRICTS City Administrator Rief noted at the March 20 City Council work session there was a discussion regarding a previous action of the Council supporting legislation to allow cities to create street improvement districts. At the work session Staff was directed to develop a letter to inform Orono's Senator, State Representatives,and the Minnesota League of Cities that the City no longer supports legislative actions related to street improvement districts. Rief stated he is looking for Council approve on the letter. Crosby moved,Printup seconded,to approve the letter informing State Senator and Representatives that the City of Orono no longer supports any current or future legislative action regarding the establishment of street improvement districts and to authorize Mayor Walsh to execute the letter on behalf of the City. VOTE: Ayes 5,Nays 0. 24. SUPPORT FOR METROPOLITAN COUNCIL REFORM—RESOLUTION NO.6858 City Administrator Rief noted this item was also discussed at the March 20 City Council work session. Rief stated there is currently legislation in both the Senate and the House to reform the Metropolitan Council. At the work session the City Council directed Staff to prepare a resolution of support for reform. The resolution will be forwarded to the state representatives. Printup noted the sewer fees charged by the Metropolitan Council continue to increase and that in his view this is an important message to send to the Legislature and the Metropolitan Council. Printup stated it is time to obtain some accountability and appoint elected officials to the Metropolitan Council. Crosby moved,Seals seconded,to adopt RESOLUTION NO.6858,a Resolution Supporting Principles for Reform of the Metropolitan Council. VOTE: Ayes 5,Nays 0. OTHER BUSINESS Walsh noted the City of Orono has once again had its AAA rating reaffirmed,which is the highest rating possible. Walsh commended Finance Director Ron Olson for doing a fabulous job. City Administrator Rief noted tomorrow night at the Mound City Council meeting they will be honoring three Orono police officers for their life-saving actions related to a drug overdose. Page 15 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,April 9,2018 7:00 o'clock p.m. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. ADJOURNMENT Crosby moved, Seals seconded, to adjourn the Orono City Council meeting at 9:00 p.m. VOTE: Ayes 5,Nays 0. ATTEST: / 1 , ":°---(dg7 • na Carlson, City Clerk Dennis alsh,Mayor Page 16 of 16