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HomeMy WebLinkAbout05-14-2018 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 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,Finance Director Ron Olson, City Planners Melanie Curtis and Laura Oakden,Public Works Director/City Engineer 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 CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF APRIL 23,2018 2. CITY COUNCIL WORK SESSION MINUTES OF APRII.23,2018 3. CLAIMSBILLS 4. APPROVE RENTAL LICENSES This item was removed from the Consent Agenda. 5. TRANSIENT MERCHANT LICENSE—LAKES ICE CREAM AND TREATS 6. ANTOINE PARK PLAYGROUND BORDER 7. APPOINTMENT OF 2018 SEASONAL EMPLOYEES 8. SUPERVISORY CONTROL AND DATA ACQUISITION(SCADA)UPGRADE 9. LURTON PARK TRAIL IMPROVEMENTS 10. NAVARRE PARK SPORTS COURT 11. AUTHORIZATION TO PURCHASE SCALES 12. APPROVAL TO ACCEPT RESIGNATION OF SGT. SCOTT BORIS 13. PHONE SYSTEM REPLACEMENT 14. RESOLUTION TO REASSIGN RESPONSIBILITIES OF BIG ISLAND—RESOLUTION NO. 6863 This item was removed from the Consent Agenda. Page 1 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. CONSENT AGENDA—Continued 15. LA8-000033(18-4000)JEFF MARTINEAU, 1335 ARBOR STREET,VARIANCE This item was removed from the Consent Agenda. 16. LA18-000035—K.RYAN HASSE,NICOLE SPECK AND GARY JOHNSON, 3800 SHORELINE DRIVE,CONDITIONAL USE PERMIT AND SITE PLAN REVIEW,RESOLLTTION NO. 6865 17. 18-3997—1300 BRACKETTS POINT ROAD,AMEND APPROVED PLAN— RESOLiJTION NO.6866(REVISED) This item was removed from the City Council Agenda. 22. LA18-000012—MARK STIPAKOV,OUTLOT A,PHILLIPS WOODLAND TERRACE 3RD,AMEND PRELIMINARY PLAT RESOLUTION NO.4202— RESOLUTION NO. 6867 25. 16-3822—EISINGER MEADOWS(3425 WAYZATA BLVD),PRELIMINARY PLAT EXTENSION—RESOLUTION NO.6868 27. LA18-000024—CITY OF ORONO,TEXT AMENDMENT: DEFINITIONS— ORDINANCE 206,THIRD SERIES 28. HR SOFTWARE—HR WIZE 29. MUNICIPAL SERVICES SUPPORT REPRESENTATIVE 30. COMPENSATION PLAN ADJUSTMENT—DEPUTY CHIEF Items No.4 and 15 were removed from the Consent Agenda; Items No. 22,25, 27, 28, 29, and 30 were added to the Consent Agenda; and Items No. 14, 17,and 24 were removed from the City Council Agenda. Printup moved, Seals seconded,to approve the ConsentlCity Council Agenda as revised. VOTE: Ayes 5,Nays 0. PUBLIC COMMENTS Matt Johnson, 1432 Shoreline Drive, stated he wanted to bring to the City Council's attention late night deliveries. Johnson indicated he last reported this to Staff on October 8, 2017,when there was a 12:30 p.m. delivery that occurred with lights and sirens. Johnson stated he did not pursue it because he did not get a lot of cooperation to get anything resolved. Another late-night delivery occurred on May 13. Johnson noted they were instructed by the Orono police chief on October 9 not to make any other late- night deliveries after 10:00 p.m.but that they are now happening again. Page 2 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. PUBLIC COMMENTS—Continued Johnson stated he thought he would put it on the record again. Johnson indicated he did call the police department but that the deliveries take place within a short period of time and are gone before the police can respond there. Johnson stated this has been occurring for a number of years. City Administrator Rief asked whether any have occurred this week other than May 13. Johnson indicated there has been just one delivery so far this week. Jahn Dyvik, 1780 Martha Lane,Long Lake,noted he is a Long Lake City Council member. Dyvik stated he would like to speak to a clean water initiative concerning Tanager Lake subwatershed, sometimes called the Long Lake Creek subwatershed,that Medina, Orono, and Long Lake shares. The subwatershed includes Tanager,Long Lake,Holy Name, Mooney and Hadley. Dyvik stated there is a concern about the water quality of that subwatershed and that the Long Lake Waters Association has come up with a plan to initiate a study to help address it. Dyvik noted he submitted a request last week asking for Orono's support and that he received some resistant in response to it. Dyvik noted the City of Orono had already passed a resolution regarding this partnership twice. The first time was Apri125,2016,and it refers to the total maximum daily load,which relates to the level of pollutants such as phosphorus that gets into the lake. The City of Orono in the resolution says it is required to show progress towards meeting the allocation of TMDLs. The minutes reflect that Council Member Walsh moved,Printup seconded,to adopt the resolution,which seeks to partner with other intergovernmental agencies in seeking grants and to improve the water quality in the Long Lake Creek Watershed. The motion passed unanimously. In February of 2017,the City of Orono passed another resolution that was very similar to the first resolution,but this resolution included the phrase"by studying the impact of carp." Dyvik stated the reason for that language was because they were starting to establish a plan and they wanted to focus on the carp in the subwatershed first. That motion also passed unanimously. Staff's report relating to that resolution stated that the Minnesota Pollution Control Agency had set a reduction goal of 125 pounds per year for Orono and that the Cities of Medina,Long Lake,Hennepin County, and MN/DOT have also been assigned nutrient reduction goals. In this resolution Staff included a financial element from Orono for the project,which was $20,000 over three years, and the Capital Improvement Plan budgets$50,000 for TMDL work per year. Dyvik noted Staff identified the source of funding in their report for TMDL reductions. Dyvik stated they are now at the point where the Long Lake Waters Association has put details to a plan and that time is of the essence here since the carp will start spawning soon and they have obtained the permit from the DNR. Phase I of the plan includes a fmancial Medina,Long Lake,Minnehaha Creek and significant private donations. Dyvik stated the funds have already been authorized by the Orono City Council back in February of 2017 and that he would like to clarify whether Orono recognizes the resolution and financial commitment from February of 2017. Dyvik stated when he sent the resolution to the Mayor and the rest of the Council,the Mayor's response was that it looks like we've done our job and we do not need to do more. Mayor Walsh noted public comments are limited to five minutes. Page 3 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. PUBLIC COMMENTS—Continued Dyvik stated he would like to receive clarification on the resolution for the Long Lake Waters Association and that they are willing to work with Staff on this item. Dyvik stated Orono is the final piece of the puzzle in the partnership. PRESENTATION 18. RECOGNITION OF SGT. SCOTT BORIS Crosby moved,Printup seconded,to adopt RESOLUTION NO.6862,a Resolution Recognizing Sergeant Scott Boris for}us 26 Years of Dedicated Service as a Police Officer to the City of Orono. VOTE: Ayes 5,Nays 0. 19. HENNEPIN COUNTY UPDATE—COMMISSIONER JAN CALLISON Hennepin County Commissioner Jan Callison provided an update to the Orono City Council on the 2018 legislative platform for Hennepin County. Callison noted there is only one week left of the 2018 legislative session and that the one outstanding item is the bonding request for the new medical examiner's facility. The current facility is in downtown Minneapolis and is in need of updating. Callison stated they should know by the end of this week whether that will be approved. Callison stated the larger facility is also necessary to help deal with the opiate crisis that is occurring in America currently. Callison noted Hennepin County has appointed someone to be a coordinator in Hennepin County to work collaboratively with other cities to address the opiate problem. Hennepin County is also looking to redo their ordinance giving residents the option for organics recycling. Callison stated if Orono has any input on this program, she would encourage they speak with Hennepin County Staff and provide that. Callison noted she also provided written information to the City Council about Hennepin County's work force. As the population is getting older,the unemployment rate is going down. Currently Hennepin County employs approximately 9,000 employees, with 62 percent being female. Callison commented as the baby boomers start to retire, various cities and counties will lose a lot of institutional knowledge. Callison noted in the next five years Hennepin County will have approximately 56 percent of its directors eligible for retirement and 62 percent in the next ten years. Callison stated Pathways is a program that was put into place to help meet the needs of certain employment areas. Hennepin County has worked with some nonprofit providers in creating curricula around employment areas that are challenging to fill, such as 911 telecommunicators, commercial drivers, and health care clerical. Callison stated the new hires done by Hennepin County have become more diverse over the years,with 65.5 percent of new hires in 2017 in Hennepin County being people of color. Callison stated they also wanted to understand if the Pathways program is effective and so they looked at 66 Pathways participants and followed them for 12 months. After 12 months 88 percent were still being retained by Hennepin County and their starting income level increased. Callison noted the Step-To-It Challenge is currently taking place and that Orono is in second place with 146,000 steps with two weeks left to go. Maple Plain is currently in first place with approximately 148,000 steps. Page 4 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. PRESENTATION 19. HENNEPIN COUNTY UPDATE—COMMISSIONER JAN CALLISON—Continued Walsh noted improvements to County Road 15 and 19 are scheduled for next year. Walsh stated that intersection has a number of issues and that he appreciates the money Hennepin County has set aside for that project. Walsh stated Orono and Three Rivers has also been working to connect the trail from the Luce Line to the Navarre area. Printup thanked Callison for her work on the opiate epidemic and child protection. 20. TOUR DE TONKA—TIM LITFIN Tim Litfm,Tour de Tonka,noted Saturday,August 4, is the date for the 2018 Tour de Tonka and that they will be traveling through 24 cities this year,with participants coming from 42 states, and 108 agencies working collaboratively on this event. Litfin reported they had 616 volunteers last year,with 773 riders completing the 100-mile stretch. Litfin stated they have riders from all age groups and 166 different communities participating. Minnetonka is the number one community for riders and Orono comes in at number 25. Litfin stated the youngest rider last year was four years old who rode 16 miles without training wheels and the oldest rider was 88 years old. Litfin noted over the years Tour de Tonka has raised over$60,000 for the ICA food shelf and that they appreciate the assistance they receive from the local fire and police departments. Litfin thanked the City of Orono for all they do to help the event. PUBLIC WORKS/CITY ENGINEER REPORT 21. OLD CRYSTAL BAY ROAD (CSAH 112-CSAH 6)ROAD PROJECT Edwards stated he is looking for City Council approval of a resolution that authorizes the advancement of Municipal State Aid funds for this project as well as approval of the cooperative agreement with the Orono School District. Edwards stated bids for the project will be opened May 23 and brought to the City Council at their May 28 meeting. Edwards noted Staff did separate out the tree trimming portion of the work in preparation for Excel Energy to relocate their utility poles and that work began today. The overall estimate for the project is$3,192,655,with approximately$800,000 coming from the school, $1.4 million in state aid,and the remainder coming from the Community Inveshnent Fund and the City's stormwater and sewer and water funds. Walsh noted this project was originally anticipated to take two summers due to the amount of new infrastructure going in,but that they now believe it can be accomplished in one summer. Edwards stated that is the goal. Rief stated the major driving portions of the roadway are expected to be ready by the start of school. 21. OLD CRYSTAL BAY ROAD(CSAH 112-CSAH 6)ROAD PROJECT Page 5 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. 21. OLD CRYSTAL BAY ROAD(CSAH 112-CSAH 6)ROAD PROJECT—ConNnued Walsh noted the City will be using MSA dollars for this project and that the funds will not be coming out of the City's road fund or general fund. Walsh stated over the past four or five years the City has redone most of the City's MSA roads. Crosby commented the road should be a lot safer once it is improved. Printup stated the City has received a lot of great cooperation from the School District on this project. Printup commented he has compiled a number of photographs of the area that show how Old Crystal Bay Road has basically stayed the same from 1920 even though the population of the area has dramatically increased. Printup moved,Crosby seconded,to adopt RESOLUTION NO.6870,a Resolution For and to Advance Municipal State Aid Funds,and to approve the Cooperative Agreement between the City of Orono and the Orono School District. VOTE: Ayes 5,Nays 0. 4. RENTAL LICENSES Seals stated she did have a question about the list of questions that applicants are required to fill out and that Staff has provided that list to her. Seals stated she had recommended to Staff that language be included on the form calling out the fact that the City does not allow short-term rentals under 30 days so the residents are aware of that. Barnhart indicated that language has been added to the check-off sheet. Seals moved,Printup seconded,to approve the rental licenses as listed in Exhibit A for the license period of May 14,2018,to December 31,2019. VOTE: Ayes 5,Nays 0. PLANNING DEPARTMENT'S REPORT—JON RESSLER,REPRESENTATIVE 15. LA18-000033 (18-4000)JEFF MARTINEAU, 1335 ARBOR STREET,VARIANCE, RESOLLTTION NO.6864 Printup stated he requested this be removed from the Consent Agenda because he was wondering whether construction parking could be onsite given the narrow streets. Martineau,Applicant, stated he wants to be reasonable and that he does not want to create a disaster situation. Martineau indicated it will be a house on a smaller lot and that he knows they cannot block the streets. Martineau indicated his goal is to do proactive grading on the site to allow for parking of as many vehicles on the property but that it will be a construction zone with materials being delivered periodically. Martineau stated he is not in a position to offer a specific off-street parking spot or erecting no parking signs. Printup noted Briar is posted no parking and the streets are narrow in the area so he would like the applicant to be cognizant of that. Page 6 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. 15. LA18-000033 (18-4000)JEFF MARTINEAU, 1335 ARBOR STREET,VARIANCE, RESOLUTION NO.6864—Continued Martineau stated what could potentially happen is that someone might end up parking over at the Art Center. Martineau stated he will try to ensure that the laws regarding parking on the streets are abided by and that he is not looking for any special parking pernuts. Martineau noted if all construction parking is prohibited on the street,that will create a problem, and that he is willing to work with Staff,the police department,the fire department, and the school buses. Martineau indicated there might be one or two days where materials will be delivered to the site but most days there will be just the subcontractors and those vehicles can be accommodated on site. Printup moved,Crosby seconded,to adopt RESOLUTION NO. 6864,a Resolution Approving a Variance from Municipal Zoning Code Sections 78-420-78-305,for the property located at 1335 Arbor Street,File No.LA18-000033 (18-4000). Vote: Ayes 5,Nays 0. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE Barnhart stated at the last meeting the City Council tabled the review of the licenses for 1440 and 1442 Shoreline Drive due to some questions regarding parking between the residential structures and the adjacent marina-based businesses, including Your Boat Club. Barnhart indicated he has pulled some infortnation from the initial approval of the marina, including the site plan from 1989 that was approved. At the time of the marina approval,the City Council asked the property owner to identify parking. The owner identified 26 parking on the gravel or rock surface located at 1440 and 1442 Shoreline. A conditional use permit was then put in place for that parking. In 2011, Your Boat Club asked for a conditional use permit to operate its business at the site,which was approved, utilizing that parking plan generated in 1989 as the basis. Currently there are two conditional use permits operating on this property,one for the marina sales and one for Your Boat Club. Through the years the two residential structures have remained in place and are currently being renovated. The property owner at this time is asking for a rental license to rent those two spaces out. From Staffls perspective,parking is a requirement of a rental license and two parking spaces per rental dwelling must be provided. Barnhart noted this requirement applies to all rentals throughout the city. These two parcels do provide 26 parking spaces,which exceeds the parking requirement,with the parking spaces also being able to be used by Your Boat Club and the marina. Barnhart indicated Staff did perform an analysis of the parking requirements based on the number of slips and the size of the space,which was initially approved in 1989 and then again in 2011. That analysis has not been redone since there was no request to change the parking on either of the two residential lots. From Staff's perspective,the two rental properties do meet the parking requirements and therefore Staff is recommending approval. Seals asked if the1989 conditional use permit has 26 parking spots. Barnhart stated it shows parking for 26 cars on the two subject parcels and consists of rock/gravel and is not striped. Page 7 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE—Continued Seals asked if the slips were approved for the docks. Barnhart stated to his belief in 2011 there were some modifications with the expansion of boat slips and at that point the City Council used the analysis done in 1989 and came to the conclusion that no additional parking was required. Seals asked how many slips there are currently. Barnhart stated to his knowledge there are 97,with 20 of them being for rental boats. Rief noted the 26 parking spaces are only on the two residential properties. Seals commented people are parking all over the road and that she does not see how they will have parking space for someone in a rental. Mattick stated the City Council cannot unwind something from 2011. Mattick stated the number of parking stalls had been met when they applied for their conditional use permit,and that even though there have been complaints, Staff has found no violations from 1989 or 2011. Mattick noted the rental just requires two parking stalls per property and each lot has that. Mattick stated the concern appears to be that it seems they0 are double dipping on the other 26. Seals commented she is not trying to change what happened in 1989 or in 2011,but that she does not see an additional four parking stalls for the rentals based on the current use. Walsh stated there is nothing that stops them from using those parking spots and that they do not need to provide an additional four spaces. Walsh stated the conditional use permit was written poorly that long ago and basically has no restrictions on how the parking can be used. Mattick stated they are not exclusive parking stalls and there is no way for the City to contest that there are not two parking stalls for the tenant. Seals stated the no parking areas should be enforced. Mattick stated if the City could relook at the intensity of the use, it is likely some of those things would not be allowed,but that a lot of those things cannot now be undone. Mattick noted if the rental meets the requirements,the City is obligated to allow it. Walsh stated it is a matter of enforcing the no parking along the street and the late-night deliveries. Crosby asked if the rental license crosses over into commercial. Barnhart stated the two residences are on residentially zoned parcels. Crosby commented they are basically being used in a commercial aspect. Page 8 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE—Continued Mattick stated the two lots are correctly zoned for what they are requesting they be used for. Mattick stated while it does seem like a cross use, a decision was made to allow it in 2011. Walsh stated the City has to enforce the rules that are currently in place. Walsh stated he assumes the police department is aware of the issues,and if they are aware of them,they should be driving by, especially on the weekends,to make sure that the parking rules are enforced. Walsh commented it is not a safe area. Dankey commented it is also an inconvenience for people trying to get home because boats are backing out on the road. Matt Johnson, 1432 Shoreline Drive,noted item number two in Staff's report is background and summary, and Paragraph 2 it reads: In 1989, a conditional use permit was issued to the previous owners. Johnson stated he is presuming that what is attached as the exhibit is what Staff referenced from 1989. Barnhart indicated he attached the resolution and site plan. Johnson noted 2674 is the resolution number. The summary in Staff's report of the resolution calls it a conditional use permit,but when he looks at the document, it is actually a variance application. Johnson indicated he has had this conversation before witb Staff,but that this is some of the ongoing misunderstanding that he continues to have. Johnson asked how this constitutes a conditional use permit versus a variance application for a B2 zoning district that is approved to have a marina and where they were obtaining variances for setbacks,hardcover,and parking because they did not have the required parking with the necessary screening. Johnson noted it is now being called a conditional use permit and he would like to know what it is. Barnhart indicated there were a number of requests in 1989 and in 2011 and that a copy of the resolution and site plan was provided to the City Council for their review tonight. Barnhart stated he does not see a conditional use permit in the paperwork that was provided to the City Council and that he was trying to recreate the history and provide the information that is pertinent to the site plan. Barnhart stated the 2011 document is the most recent conditional use permit and is the one where the analysis of the parking was done. Barnhart stated to his understanding there is actually a conditional use permit predating 1989. Crosby asked if conditional use permits automatically go from business to business. Barnhart indicated they stay with the property. Mattick noted the approvals given in 1989 and 2011 stay with the property regardless if the property is sold and a variance is a demonstration that there is a hardship and runs with the land. Barnhart stated he provided the 1989 site plan because there was not a good site plan from 2011. Johnson stated there is some confusion between the conditional use permit and variance because the enforcement is different. Johnson noted the City approved a conditional use permit with respect to the boat club only and not the whole marina. The conditional use permit is specific to the boat club and Page 9 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE—Continued specifically addresses the use of having a boat club and there was conversation about whether the boat club requires more parking. Johnson stated in his view Staff is conflating the two. Johnson asked whether this is the active site plan for the property. Barnhart indicated this is the site plan attached to the 1989 approval. Johnson stated this is the site plan that the City would be enforcing if the property still exists. Johnson indicated on August 17 he filed a complaint with the City of Orono stating that they are parking boats in front of the building where there are supposed to be pine trees and there is no screening between the parking spots that is required. Johnson noted both areas are supposed to have screenage and it is not being complied with. Johnson stated the City needs to enforce the site plan. Johnson indicated on the overhead the big blue building and the areas where there is supposed to be screening. Johnson stated the marina uses that area as a big circular parking lot and the City knew at that time to require screening,which would have prevented that and would have created some separation between residential and commercial. Johnson noted the screenage is still not there. Seals commented she is unaware of whether the evergreens were ever there. Walsh asked if the screening was actually part of the approval. Johnson stated it is in the resolution that it is required. Barnhart indicated it is pretty common when a new business comes forward that there is landscaping associated with a site plan. In theory, if a tree dies,it should be replaced to be consistent with the site plan,but in reality Staff does not have time to review site plans with current conditions. Barnhart stated he is not sure when any of the landscaping was removed. Walsh asked if someone comes to the City and says that there is supposed to be landscaping between two properties, whether the City can do anything. Mattick stated the problem with site plans routinely is that if at the time they were approved the area was planted,then in some respects they satisfied the site plan. Mattick indicated he has reviewed the rental licensing application but that he did not review the file back to 1989. Mattick stated site plans are usually a starting point, and if a tree dies,the City does not go out there and require it be replaced. Walsh commented this is a different situation since there should be a demarcation between a commercial use and a residential use. Johnson stated the language calls it screenage, and if it dies,it should be put back in. Walsh stated the City maybe needs to look at it a little harder. Page 10 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE—Continued Mattick noted the City cannot re-require something but that they can enforce the original terms. Mattick noted what is before the City Council tonight are the two rentals but that what they are talking about right now is the business. Mattick stated the Council could look at enforcing the parking. Walsh stated that is what the Council is saying. Mattick stated the Council needs to be careful about mixing the two issues,and that before the City Council tonight is the rental license application. Johnson stated he wants the record to accurately depict what is really going on and that the marina has a very specific parking requirement and they are all related to something. If they use four parking spots for a rental,they will lose some parking spaces for the business and the number of boat slips should be reduced. Johnson noted the next paragraph of the resolution states that in 201 l,Your Boat Club received a conditional use permit. The conditional use permit confirmed the number of spaces required was 70 stalls and the number available was 81. Johnson noted what the conditional use said was that there was a potential for that many and that the City did not investigate it because the City Council determined there was not a requirement for additional parking for the boat club. According to the minutes, after some discussion,the City Council made the decision that they will not require additional parking spaces just because there was a boat club. Johnson stated when they are saying in the document that the City Council confirmed,that is actually not what it says in the conditional use permit because it says potential,which means the parking was not confirmed. Johnson noted further down in the paragraph it says that they ultimately need 74 spaces and the spaces identified in the 1989 and 2011 conditional use permits show they have more than that. Johnson noted when you go to the 1989 variance and not the conditional use permit,under Item A it says that they have 73 stalls. Johnson stated there were not parking spaces in excess of 74 because there were only 73,which means there is not enough parking to allow for both residences to be rented out under Orono's rental clause. Johnson stated in the 1989 application, it says that they are being provided a variance of four stalls because they fell four stalls short at the time and did not have enough then. The next paragraph says, there is no modification to an existing conditional use permit proposed that the City may not initiate an amendment to the conditional use permit. Johnson asked what it takes or what has to occur to initiate an amendment to a conditional use permit. Mattick stated it is issued to the land and that a change in zoning cannot initiate an amendment to the conditional use permit. If violations occur to the conditional use permit,the City Council can initiate to revoke the conditional use permit. Johnson stated whether it would constitute a violation of the conditional use permit if the City Council finds out that the boat club can only have 20 boats but they are actually advertising 24. Mattick stated the advertisement by itself cannot but the filling of 24 stalls possibly would. Page 11 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE—Continued Johnson noted Staff was supposed to check on that last year but he was not able to obtain a copy of what the results were. Johnson commented this situation has been going on for years. Johnson stated the City is trying to do the right thing by placing limits on certain things but that they are not devoting the resources to ensure compliance. Johnson stated he does not underestimate the complexity of the situation and that he was told by Staff to read the writing on the wall when he asked what he can do about it. Johnson stated he is going to keep coming here because he believes the City wants to do the right thing in the end. Johnson stated there are a lot of misunderstandings about what exactly exists there,but everybody in the area knows it is a problem site. Johnson stated the City can address the known violations and get the screenage back in and have them move the equipment. Johnson stated the parking lot has gotten bigger and bigger over the years. Johnson stated those are simple things the City can do to let them know that the City is watching what is happening on the site. Johnson stated someone who wants to build a brand-new house has to submit a brand-new survey to prove exactly what is existing but this commercial building can do whatever they want and the City keeps saying there is nothing they can do. Crosby commented the City cannot turn back the clock on certain issues but that the City should be able to specifically define the parameters and figure out what is enforceable. Walsh stated he is basically hearing two things. One,the road issues are a police enforcement item and the City can make them aware of them. Walsh stated the second thing the City can do is perhaps direct the City Attorney to do a full review of the documents and determine what they are allowed to do. Once that is done,the City will know what they have,but that right now it sounds like there are a lot of question marks. Johnson stated it should also make it clear to Staff what violations equate to reviewing the conditional use permit status. Walsh stated the City needs to have a complete understanding of the situation,and once that is done,the City Council can decide what needs to be done to make sure they are in compliance. Seals stated she just looked at Your Boat Club on her phone and they say they have 25 boats in the water. Mattick stated if there is a concern they are violating something, Staff should be made aware of it. Walsh stated understanding what the exact issues are would be helpful. Johnson stated EOF is the applicant for the rental property and Your Boat Club is the holder of the conditional use permit. Johnson noted the next paragraph down says the use of a once vacated residential structure is not an intensification of use. Johnson stated they have a vacant building that the City has fold them they cannot use in any capacity for commercial use,but now they have fixed it up, got a permit halfway through the process,and then now that it is finished,they are entitled to have at least two more vehicles there. Johnson stated when he reads that going from a vacant property to a rental property is not an Page 12 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE—Continued intensification of use,he would like to know where the City's definition of intensification of use comes from. Crosby commented Mr.Johnson has made some valid points and that the City Attomey needs to look into it. Johnson stated he is growing tired of this situation,but that his last point is that he has been made to feel when he brings a complaint that he is a problem citizen and that he is wasting Stai�'s time. Johnson stated the truth is that Staff is wasting his time and that he is stuck here trying to find a solution and spending money on legal fees to try to understand his legal rights. Johnson stated they are bad stewards and need to play within the rules. Johnson stated the prior decisions tried to limit the use in the past but that the City needs to reel it back in. Johnson requested Staff display the pictures he submitted. Johnson noted the first two pictures are from today and were not staged. The other picture is from Saturday when he heard screeching tires for the hundredth time. Johnson noted the area is full of boats for sale, which is typical, and the pontoon to the left is clearly parked on the area where the screening is supposed to be. Johnson noted they removed some of the rock so the pontoon can be rolled over. The cars are double stacked on the residential property that is going to be a rental property. Johnson indicated the last picture shows three cars parking on top of the crosswalk on the road. Johnson noted that picture was taken on Saturday. The boat down at the end is a River Valley&Power Sports boat that is parked partially in the street and was backed down the street. Johnson stated he also has a video about some guy complaining that it happens every time he goes by the marina. Johnson stated River Valley was just recognized as one of the top 100 dealers in the nation and that a typical marina has a certain amount of activity but that this is all year long at this site. Johnson encouraged the City Council to continue to table the rental application so they do not get into another hole. Johnson stated in his view there is not any onus on the City to hurry on this application. Walsh commented there are a number of issues that should be looked into. Mattick stated the City Council has to ask themselves if they are denying it for other people's transgressions. Mattick stated he does not know the answer to who owns what. Crosby stated they need to look deeper into the variances and conditional use perxnit and what was expected and still enforceable. Mattick stated if the concern is with the conditional use permit and the variance,he can look at it. The next question is,based on what is found as part of the conditional use permit and variance approvals, does any of that impact the City's ability to deny the rental licenses. Mattick stated currently Staff cannot see how those two can be tied together. Crosby stated the rental license requires four more vehicles and if they are at capacity right now,the City has to ask where those four parking stalls are going to come from. Page 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. 23. RENTAL LICENSE 1440-1442 SHORELINE DRIVE—Continued Mattick stated under the ordinance,they require two parking stalls for the rental. Barnhart noted the person requesting the rental license is EOF,who is the same owner of the property. Barnhart stated the City actually required in 2011 that the same entity own all three parcels, which is the case today. Mattick stated he can take a look at it,but from his standpoint, it appears there are issues with the business and parking and not necessarily the rental. Walsh stated asked whether he could take a look at this in the next two weeks. Mattick indicated he can. Printup stated they need to take a look at it so everyone understands the situation. Dankey commented it is also a safety issue. Rief stated he is going to provide the photographs to the police department in the morning and ask that the officers monitor it through the summer. Mattick stated it helps to know what the concerns and complaints are and that he will look at the terms and conditions of the conditional use permit and variance. Walsh requested Mr.Johnson provide a list of bullet points of his concerns to Staff. Printup moved,Crosby seconded,to table Item No.23,Rental License for 1440-1442 Shoreline Drive. VOTE: Ayes 5,Nays 0. 24. CONSIDER A PETITION TO CONVERT A PORTION OF BRACKETTS POINT ROAD FROM PRIVATE OWNERSHIP TO THE PUBLIC ROAD This item was removed from the City Council Agenda at the request of the applicant. 26. LA18-000036—ORONO APARTMENTS,LLC,2745 KELLEY PARKWAY, COMPREHENSIVE PLAN AMENDMENT,ZONING CHANGE AMENDMENT, SITE PLAN, RESOLUTION NO.6869 Barnhart stated this is a request for a 56-unit,two and a half story apartment building located off of Kelley Parkway. Barnhart noted the City Council reviewed this as a concept plan earlier in the year. The proposal requires an amendment to the Comprehensive Plan to change the land use from office to high density residential, a zoning map amendment, and site plan approval. Access will be off of Kelley Parkway from two driveways in a horseshoe type configuration. The main entrance will face to the north off of Kelley Parkway. The existing driveway on the northwest corner of the property will continue to serve the dentist office and there will be some shared parking in that area. The number of required parking spaces is met,with the majority of the parking being located in a below Page 14 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. MAYOR/COIJNCIL REPORT—Continued Dankey commented she recently spent two weeks in China and learned a lot about their government and that she is happy to live in this country. Crosby stated he went to Missouri over the weekend to watch his daughter graduate from college. Crosby congratulated this year's graduates. Walsh commented he hopes everyone had a great Mother's Day. Walsh noted the City recently had a Comprehensive Plan Update open house and that there is a 90-day period for residents to submit comments regarding the plan. Walsh stated there was also a Navarre group meeting that was held regarding all the good things that are going on in Navarre and the upcoming County Road 15 and 19 road project. CITY ADMINISTRATOR'S REPORT None CITY ATTORNEY'S REPORT 31. CLOSED SESSION Crosby moved,Dankey seconded,to enter into closed session at 8:52 p.m.,as permitted by the attorney-client privilege to discuss a threat of litigation. VOTE: Ayes 5,Nays 0. (The City Council went into closed session from 8:52 p.m.to 9:28 p.m.) Walsh asked to bring back Item 14 to approve the item. Printup moved,Walsh seconded,to adopt RESOLUTION NO.6863,a Resolution Reassigning Responsibilities.VOTE: Ayes 5,Nays 0. ADJOURNMENT Printup moved,Walsh seconded,to adjourn the Orono City Council meeting at 9:28 p.m. VOTE: Ayes 5,Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh,Mayor Page 16 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 14,2018 7:00 o'clock p.m. 26. LA18-000036—ORONO APARTMENTS,LLC,2745 KELLEY PARKWAY, COMPREHENSIVE PLAN AMENDMENT,ZONING CHANGE AMENDMENT,SITE PLAN, RESOLUTION NO.6869—Continued ground parking garage. The proposal meets required setbacks and building height. The floor area ratio standard is also met. Barnhart stated the main concern expressed at the Planning Commission meeting was the amount of traffic on Kelley Parkway. Hennepin County will not permit access directly onto Wayzata Boulevard. Staff feels the issues that are currently being observed will be addressed with the improvements to Highway 112 and the intersection of Old Crystal Bay Road and County Road 6. Once that project is taken care of,traffic levels in the area should decrease. Walsh noted this property is currently vacant and was originally zoned for office building. Walsh stated what is being proposed will generate a lot less traffic than an office building. Barnhart stated in addition there was some concern from the neighboring residents about the number of occupants in each apartment. The City does not have an ordinance that restricts that number and it is generally established by Fire Code based on the number of exits. The final concern expressed at the Planning Commission meeting regarded parking on Kelley Parkway. The applicants exceed the parking requirements based on two parking spaces per unit. Staff recommends approval subject to the ten conditions outlined in Staff report. Seals asked what the defmition is of market rate apartments. Barnhart stated it is whatever the market will bear and that the building owner is not requesting any subsidies from the City. Walsh commented there is a need for one and two-bedroom apartments in Orono and that this building will help fill some of that need. Printup moved,Crosby seconded,to adopt RESOLUTION NO. 6869,a Resolution Approving the General Concept Plan and Granting Zone Change,and Community Management Plan Amendment Approval for Property Located at 2745 Kelley Parkway,File No.LA18-000036,subject to the ten conditions outlined in Staft's report. VOTE: Ayes 5,Nays 0. MAYOR/COUNCIL REPORT Seals stated the Park Commission and Staff are doing a fabulo�as job at getting a number of projects done at the local parks and that the Park Commission is very motivated. Seals stated the number of roads that are being improved is also amazing. Seals noted the list of roads to repair is massive and it is difficult to get them all done in a short period of time given a limited rudget bt�t that the City is making progress. Printup noted the City Council received an email recently about the Metropolitan Council and tbe fact that they will be raising sewer rates 17 percent this year. Printup stated that is a good reason to support the resolution that Orono and other communities have recently passed about the Metropolitan Council and that deregulation and a common-sense approach is the way to go. Page 15 of 16