City of Oronoco

Special City Council Meeting

January 23, 2017

City of Oronoco

Special City Council Meeting Agenda

Monday, January 23, 2017

5:00 pm

1. CALL TO ORDER

Mayor Ryland Eichhorst called the meeting to order at 5:00pm.

II.ROLL CALL

Members present: Mayor Ryland Eichhorst, Councilor Trish Shields, Councilor Beau Hanenberger, Councilor Carl Krause, Councilor Nancy Quimby, Attorney Fred Suhler, Engineer Joe Palen, and Clerk Sandy Jessen.

III.RIVER BEND

• Annexation: Councilor Carl Krause motioned to deny the annexation, Councilor Nancy Quimby second; discussion; Councilor Carl Krause: We don’t have the water and need to put the road in. I think it’s unfair to residents to annex something we are not sure we can serve properly at this time. We are doing a feasibility study.Why incorporate more problems. I heard the comment if we don’t do it the township will. Every time someone comes in, are we going to jump? Mayor Ryland Eichhorst: good point about township; the developer could approach the township. That is a viable option for the developer.The land is within our FLUP(Future Land Use Plan) and we have an agreement with the township. The understanding is likewith the Dale Allendevelopment, the City is still obligated to provide the road access. If the development goes to township and he puts in a trailer park, or 25, or 40 lots.That’s why we are here tonight -do we want to annex or not?We are protecting citizens from something we have no control on. Councilor Carl Krause: there are state guidelines in that areaand it would not qualify for a trailer park. Mayor Ryland Eichhorst: that may be an exaggeration but he could put in more lots than proposed and there would be no control of the development or covenants. Councilor Carl Krause:every timea developer comes in are we going to take it? Mayor Ryland Eichhorst: the Dale Allen property, was that in our FLUP? Clerk Sandy Jessen: it was part of Pine Island and then transferred to the township. Engineer Joe Palen: it was outside the City service area. Mayor Ryland Eichhorst: if the city doesn’t annex and the developer does not pursue the development with the township, I think the City is liable for his cost. Councilor Carl Krause: anybody can sue anybody.Developers spend $20,000, $30,000 all the time. I see no grounds to be sued. There is concern about water pressure. Joe is doing a feasibility study to see if we can afford the looping. We aredoinga feasibilitystudy for the road for safety. Safety is a big concern and I don’t feel we can annex the property at this time;in realizing the shape of thewater pressure over there, maybe six months if we can afford to loop. Mayor Ryland Eichhorst: those are outside of annexing, they need to be done either way. Councilor Carl Krause: if we can afford the improvement for water looping… Councilor Trish Shields: frustration lies with the development. P & Z made a clear decision 5 to 2, they made recommendations. There are road issue, lot frontage issues, and traffic safety issues.The public is telling us no, no, no. we are not ready.If I can address one problem first, I would feel more comfortableaddressing the other. Councilor Carl Krause: not penalizing the people if we don’t annex.If we put the development in, we have to give them water. We have to loop enough until we have water pressure. Joe is doing the feasibility study. We have to come up with money some place. Councilor Beau Hanenberger: agrees with Mayor Ryland Eichhorst.The City got into this 6 or 9 months ago and the developer has met everything we have asked him to do.If we deny it, we are not denying because of the traffic and water; all the things that are residents’ concerns. Legally we can’t deny it.We can only deny basedon something that directly relates to our ordinance.We have no reason to deny it and then we will have legal repercussions. Attorney Fred Suhler made it clear that we have to deal with this based on the ordinance, not what others believe right or wrong.We have to deal with the findingsthrough this process of review.There aren’t any concerns on water or traffic by the city engineer. I am not the expert and the residents have an opinion but in terms of what the experts say, there is not an issue brought up. It is a decision of City Council. Councilor Carl Krause: Joe, what is the cost for water? Engineer Joe Palen:$150,000 for the first leg of the loop.There is an issue with fire flow with or without the development and the loop would improve it significantly. The city may need some easements and construct the utilities. Councilor Carl Krause: lacking a fire hydrant, would another put it? Engineer Joe Palen: they are not spaced correctly - the hydrants out there would function better. Ayes: Councilor Carl Krause Councilor Nancy Quimby.Nays: Councilor Trish Shields, Councilor Beau Hanenberger, and Mayor Ryland Eichhorst.Motion fails. Mayor Ryland Eichhorst motioned to annex the property, Councilor Trish Shields second; Discussion;Councilor Carl Krause: unfair to the population of our town.Mayor Ryland Eichhorst: there is a sincere commitment to improve the water and road and there is interest in the rest of the properties.Aye: Councilor Beau Hanenberger, Mayor Ryland Eichhorst, Councilor Trish Shields.Nays: Councilor Carl Krause Councilor Nancy Quimby; motioned approved for annexation.
• Preliminary Plat:

Councilor Beau Hanenberger motioned to approve the preliminary plat Mayor Ryland Eichhorst second; discussion;Mayor Ryland Eichhorst: there has been a lot of discussion back and forth with the engineers and the DNR. Planning and Zoning has done a very good job. Councilor Carl Krause: Planning & Zoning recommended not approving.The lots are so small - if they could cut down to thirteen houses.Not sure how many you have looked at the land, they have enough land to do it. Mayor Ryland Eichhorst: Craig explained the background of why it went from 21 to 17 lots while working with the DNR.From the City Council perspective there are just so many things we can have them do. Working with our expectations for sewer and water and there are some things they worked out with; becauseof the shoreland ordinance. We know that with theCUP they are asking for changes but the basic plat is well developed and closer to a final plat because of all the detail they have put into it. They have identified a lot of features thatare in there already.Ayes: Councilor Beau Hanenberger, Mayor Ryland Eichhorst, Councilor Trish Shields.Nay: Councilor Carl Krause and Councilor Nancy Quimby. Motion passes for the River Bend preliminary plat.

• CUP:

Mayor Ryland Eichhorst:the request isto approve the CUP (Conditional Use Permit) for the single family homes in shoreland district and to reduce the 150’ lot width to 100’ and 75’ on cul de sac.Councilor Beau Hanenberger motioned to approve the River Bend CUP, Mayor Ryland Eichhorst second;discussion: naming of the street is submitted to the County for approval and will be on the final plat. Engineer Joe Palen: the width ranges are from 100 to 113. Mayor Ryland Eichhorst:The shoreland ordinanceand the same thing applied to Cedar Woodlands II; there is a precedent with CW II and those lots were in the same 100 foot range. Some of the cul de sacs were in the 100 range. There are cul de sac lots in River Wood Hills that are 5 less than 75 feet and 6 less than 80. Councilor Trish Shields: those are not connected to the shoreland ordinance. Mayor Ryland Eichhorst: there is a precedent set in Cedar Woodlands. Any other comments?Calling for vote.All in favor - ayes: Councilor Beau Hanenberger, Mayor Ryland Eichhorst, & Councilor Trish Shields.Nay: Councilor Carl Krause Councilor Nancy Quimby. Mayor Ryland Eichhorst: this process has been a difficult one.There are some lessons tolearn. In the Planning & Zoning process they have put a lot of time into it.There are 11 points for denial and one is for a premature subdivision. We need to review our process.If it is going to be deemed premature it needs to be known earlier in the process. We need to learn from it.The neighbors brought excellent comments.We need to respect their comments. I would like to add to the minutes, on the LMC site there is an article on land use regulation and how importantordinances are. If we didn’t have the ordinances we would be in a world of hurt. The CUP,variances,are all issues that can be addressed and the flexibility of an ordinance. It states the outcome may be controversial and it is noted in the article.

IV.ADJOURNMENT

Councilor Beau Hanenberger motioned to adjourn, Councilor Nancy Quimby second; all in favor, motion carried at 5:35pm.

Respectfully Submitted,

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City Clerk Mayor