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HomeMy WebLinkAbout06-10-2019 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 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, Matt Johnson,Aaron Printup, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Development Director Jeremy Barnhart, 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 MAY 28,2019 2. CITY COUNCIL WORK SESSION MINUTES OF MAY 28, 2019 3. CLAIMS/BILLS 4. APPROVAL OF 2019 GARBAGE HAULER LICENSES 5. APPROVAL OF RENTAL LICENSES 6. APPOINTMENT OF 2019 SEASONAL EMPLOYEES 7. LA18-000057 CITY OF ORONO TEXT AMENDMENT: PLUMBING IN ACCESSORY BUILDINGS—ORDINANCE NO. 224 9. 2018 TRANSFERS FROM PAVEMENT MANAGEMENT FUND 10. CITY OF ORONO TEXT AMENDMENT: WATER METER—ORDINANCE NO. 226 12. LA19-000018 CHRISTOPHER W. BOLLIS AND RACHEL A. BOLLIS,350 STUBBS BAY ROAD,PRELIMINARY PLAT—RESOLUTION NO. 6990 14. 19-000028 STEVE EGGERT ON BEHALF OF LAKE WEST DEVELOPMENT,LLC, UNADDRESSED PID 2011723420039,VARIANCE FROM SUBDIVISION REQUIREMENTS Crosby moved, Seals seconded,to approve the Consent Agenda as revised and to add Item No. 8(a), LMCD Update,to the regular agenda. VOTE: Ayes 5,Nays 0. PUBLIC COMMENTS Eleanor Ferril,240 Wakefield Road, noted she appeared previously before the City Council regarding a request for a ground mounted solar panel project. The request was approved by the variance committee, Page 1 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. but it was sent to the Code Review Committee for review. The Code suggested that it would not be allowed. Ferri] indicated her husband has since died,which is why she has not been here sooner. Ferri! stated she has come tonight for clarification because she does not quite understand what the City's reasoning was to turn down the variance committee's suggestion. Ferril indicated she has articles from January 31"about how power grids can have a big surge, with the power going down, as well as articles from February 1 about climate change and an article from Science and Health. In addition,there is an article about the City of Minnetonka going all solar. Ferril stated she is wondering,given all this information, whether any of the Council Members' attitudes have changed. Ferri! commented they wanted to reduce their footprint and that this was their way of doing it. Ferril requested clarification on why her project was denied. Mayor Walsh noted the public comment section is not a question and answer period, but that there was not support on the Council to make any changes to the current code. Ferril asked if the City Council chose to follow the recommendation of the Code Review Committee over the variance committee. Mayor Walsh noted the City does not have a variance committee and asked whether she means the Planning Commission. Ferril stated it was the Planning Commission. Walsh noted the Planning Commission makes recommendations to the City Council but that the Council is not obligated to follow those recommendations. Ferril asked if there is some where she can get additional information on that. Mayor Walsh referred her to the City Administrator. PUBLIC SAFETY REPORT 8. SWEARING IN OF JUNIOR CADETS Police Chief Corey Farniok stated Christy Fletcher from the Orono School District will talk about the GTO program and how Orono is developing this into the future. Christy Fletcher, Director of Special Services,stated GTO stands for Growth through Opportunity and it is a program that allows students with developmental disabilities gain real life job experiences and job experience and it also gives the Police Department experience with working with a diverse population. GTO is a program that was originally developed out east. Prior to Orono implementing the program,the only other GTO program in Minnesota was in the City of Wyoming. The more that was learned about the program,the more interested they became. After successful listening sessions and planning meetings, Orono School District decided to move forward with the program, and that she would like to thank the Orono Police Department and Chief Farniok and other officers who have made this program possible. Page 2 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. The two Junior Cadets being recognized this evening are Pierce Pennaz and Alex Glassner. Their families have been very supportive of the program. Chief Famiok stated some of Pierce's favorite things are pizza, chocolate donuts,and the Vikings,and Alex has been heavily involved in the Special Olympics and is looking forward to riding in a police car. Mayor Walsh administered the Junior Cadet oath of office to Piece Pennaz and Alex Glassner. Mayor Walsh commended the two Junior Cadets for their fine work. 8(a) LMCD UPDATE Mark Kroll,Orono's representative to the LMCD, indicated prior to this meeting he spoke about the LMCD's 2020 budget with Mayor Walsh, who expressed a concern regarding a budget item of$100,000 as well as the$25,000 item that was allocated toward communications and public engagement. Walsh noted the$100,000 was included in the lake management plan as an expense and that it was indicated it would be a one-time item. Because of that, it would be more appropriate for the money to be taken out of the LMCD's reserve. Kroll stated he did pass that feedback on to LMCD management. Kroll stated the reserve and the budget situation is a little more complicated because the majority of the budget is an effort to restore the reserve level. The budget shows a$100,000 amendment to put the money into the reserve but that the LMCD is taking $36,000 out of the reserve for spending. By not doing the milfoil harvesting this year,the LMCD saved approximately $35,000. The end result is that amounts to new cash of$35,000. Whether that is a good use of money or not is something Orono should have some say in since Orono is the second largest contributor to the budget. The second budget item relates to a$25,000 expenditure for public engagement. The LMCD sent out an RFP, which is due on July 1St. The goal of the public engagement is to clarify the LMCD's role to the public since there is confusion between the Lake Minnetonka Association,the Minnetonka Creek Watershed District,and the LMCD. Kroll indicated he is open for questions. Walsh stated he made his points on the public relations budget to Mr.Kroll. In his opinion the LMCD does not need a PR firm to be doing PR work for them since the LMCD has an executive director and other administrative help, and that the$100,000 line item for the management plan is a padded dollar amount to justify the revenues because then the LMCD will be wanting more money from the cities because of that. Kroll stated that is largely accurate. Seals asked why there is still a line item for 2019 of over$43,000 if the LMCD is not doing milfoil harvesting. Kroll indicated that was originally in the budget,but the actual is$10,000 that will be spent on maintenance and repair of the machines. Page 3 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Rief noted the budget was approved prior to it being removed. Kroll noted they were able to get a one-year moratorium on the milfoil harvesting. Walsh stated the LMCD has plenty of money in reserves and that is where these one-time funds should come from. As a result,the cities should see a reduction of 20 percent versus the LMCD asking for 2.5 percent more. Kroll stated he will vote to reflect the wishes of the Orono City Council. Kroll noted the LMCD has restored $50,000 for milfoil harvesting with the expectation that milfoil harvesting will be restored next year. Without that,the budget would go down. Walsh stated the LMCD is adding revenues to justify the expenses and that they need to look at the expense line to understand where it is coming from. Walsh stated in his view he does not feel Orono's money is being spent wisely with the harvesters, which is the reason for the moratorium and that Orono's position is well known. Walsh encouraged Mr. Kroll to attend the LMCD meetings as often as possible. Crosby requested Mr. Kroll try to find out what the other members' thoughts are. Kroll stated he will do that and that he will always vote the way the Orono City Council feels is appropriate. Kroll noted he is only one vote but that he will do his best to convince the other representatives to follow Orono's lead. Johnson stated he did contact Mr. Kroll today about the LMCD,which is probably the reason why he is here tonight, and that since the beginning of the year he has been doing his own homework to understand what is going on there in addition to attending several of the LMCD meetings. Johnson stated there appeared to be three things going on around the spring break time period and that they had the LMCD representing the positions of the different cities without necessarily consulting with the cities. Johnson indicated he and Council Member Seals attended the next LMCD meeting and that he has since expressed his concern to Mark about not receiving any updates about what is occurring at the LMCD,which is why he called him today. Johnson commented he is somewhat uncomfortable in saying that because Mr. Kroll is a volunteer and is willing to give of his time, and that anytime someone volunteers,there is always an appreciation for that. The City Council also had a work session meeting where they were not getting updates or information. Given some of the legislative changes that are occurring, it is very important the Council has a very clear understanding of what is happening with the LMCD. Johnson stated there just seems to be a disconnect about getting information outside of the one work session meeting, but outside of that,he has not received any information. As a result,Johnson stated he is of the opinion that Orono needs a new representative since this is a very important time and Orono needs more engagement and information coming forward. Kroll stated Council Members Seals' and Johnson's attendance at the meeting was appreciated because he is one of 14 votes and it gets a little tough at times. There is some resentment over the size of Orono, Page 4 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. which is unfortunate, but Orono pays a good portion of the bills. Kroll indicated he has built a good working relationship with various members of the LMCD. Kroll stated he appreciates Council Member Johnson calling him today, which is why he came tonight, and that he wants to work at the pleasure of the City Council. Kroll stated if the Council has someone else in mind, he would appreciate knowing that, but in his view he has been very effective on the most critical issue, which was the milfoil harvesting, and that he will continue to build those relationships. Crosby stated in his view the City has made some progress, especially given the one-year moratorium, and that what might help Mark is if periodically some of the council members show up at the meetings to support him. Orono is one of 14 votes and it is not balanced for the amount of money that Orono contributes. Having some support from the Council at the LMCD meetings might help Mark and that he is not sure if getting a new representative will change anything. Crosby stated in his view the LMCD does not have the major interest of Lake Minnetonka or the residents at heart, which has been proven by their milfoil harvesting,which is outdated. Walsh stated the Council could perhaps provide better direction and that he would appreciate a summary email update following each of the LMCD meetings. Walsh stated he would like more constant updates as to what is going on at the LMCD, and if anyone on the Council has any specific questions,they can respond to the email. Walsh stated in his view they have made progress and that this Council and some Orono residents are more proactively involved, which bodes well for the future. Kroll stated as the Orono representative, he shares the Council's frustrations, and that he is attempting to form relationships with like-minded city representatives. Kroll stated he is also somewhat digging out a little bit of a bad goodwill situation from his predecessor. Kroll noted he would not have been able to provide any updates on the recent legislation since the LMCD was not informed of that and it was another complication in the ongoing battle. Seals noted the legislation was relating to the LMCD attempting to take over some land rights and that in her view the LMCD spoke out of turn and spoke against Orono residents when they attempted to speak out about it. The challenge is that Orono is one of 14 cities, and goodwill or not, Orono is not going to attain a majority on the LMCD. At the present time the LMCD is not happy with Orono and they do not put Orono in a good light. Seals stated the LMCD needs to take a seat back and ask themselves who butters their bread. The representatives are appointed and half of the LMCD budget goes towards administrative. Seals stated in her view many of the things the LMCD does can be done better and cheaper by private entities, but that she does not have a solution. Walsh stated the good news is that there has been some clarifying legislation, which is the beginning of the process. Seals stated the Council can do a better job at supporting Orono residents,especially the marina owners, since they are the guys who help the sheriff and are there helping to pull boats out. Seals stated she is super disappointed the LMCD has not apologized for the track they went down but they are continuing to dig the hole. The people the LMCD has come out against are some of the first residents to step up and help out with community projects out on Big Island. Seals stated she does not know how someone can change the present culture. Page 5 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Kroll stated he agrees with 90 percent of what Council Member Seals has said and that he shares her frustration with the wake boats. Kroll commented he is philosophically against big government and taxes. There unfortunately are multiple layers that are at play with the MCWD and the LMA competing with the LMCD and then the DNR. If there was no LMCD,the DNR would then have to pull two or three of their boats from counting walleyes down to Lake Minnetonka because they just do not have the manpower to monitor the lake. In addition, none of the entities really has the legislative power to write ordinances limiting speed or other items on the lake and that they need to go to the state for that. Kroll stated it is not reasonable that Orono and Minnetonka only have two of the 14 votes even though they are the two largest cities on the lake. Kroll stated he would be happy to sit down with people that want to propose a bill to the legislature to reform the LMCD,which should be done since it has been around for 50 years. Kroll stated he is of the belief there is some role for a government agency overseeing the lake. Walsh stated he does not totally disagree with that, and that part of his quotes in the paper was that he supports reworking of the goals and direction, which is what makes the most sense, instead of the government trying to grab more and more power by unelected people. Seals noted the Water Patrol is enforcing the speed rules and some of the other things on the lake,but that it is frustrating when she sees all of these line items because the LMCD does not do a good job at most of them. Seals commented she sees the same lady at the boat landing when she goes out on the lake, but that when she comes back in, she is not there. Seals stated unless they literally block all lake access,there will be problems. Crosby stated it comes down to where the zebra mussels are coming from, and it is not from the residents who live on the lake. Printup commented there are dozens of agencies overseeing the lakes, such as the individual cities,the counties,the DNR,the Army Corps of Engineers,the LMCD,the LMA, as well as federal agencies, and when there are that many agencies involved, nobody has total control over anything. Printup stated in his view Orono is taking the lead on something. Kroll thanked the City Council for allowing him to speak tonight and that he will serve the Council better. Johnson stated going forward it is important that the Council establish an expectation of the position and that he would like to hear from Mr. Kroll, whether it is biweekly or monthly, on what is happening at the LMCD. Johnson stated he can get the automatic feed from the LMCD but that he is attempting to get a more intimate view of what is going on and that he would like to see something at least every month on what is new and happening. Johnson encouraged Mr. Kroll to also update Staff on changes so they can communicate the new regulations to the residents. Walsh stated he is willing to give Mr. Kroll better direction and that in return he would ask for more communication from Mr. Kroll. Walsh stated he does not want to go past that point without giving Mr. Kroll the opportunity to improve the communication. Crosby suggested Orono also consider getting the area city councils and mayors together to discuss the issues specifically and see if they can get a coalition of people who are on board. Page 6 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Seals stated the challenge is that everyone views it from a different perspective and that Orono is very much on an island when it comes to their viewpoint. Seals stated she wants Mark to be there every single time, adding agenda items, and challenging the status quo. Seals stated they can also invite residents to attend the meetings and speak, but that they need Mr. Kroll to help drive the agenda. Having a meeting room full of people is effective and helps get the word out. Printup asked if there could be co-representation on the LMCD in the event Mr. Kroll is unable to attend a meeting. Kroll indicated he will check into the legislative rules on that and that he will not be a passive member. As far as succession planning goes,Kroll stated he thinks it is a great idea to have a successor in mind so they know what they are getting into and do not get blindsided. PLANNING DEPARTMENT REPORT—REPRESENTATIVE BOB ERICKSON 11. LA19-000017 STEPHEN AND JENNIFER PAIDOSH,4300 NORTH SHORE DRIVE, RIGHT-OF-WAY VACATION Curtis stated this application is regarding a request to vacate the rights-of-way of Forest Boulevard and Bluff Street situated between 4300 North Shore Drive and 1453 Park Drive. The rights-of-way were originally dedicated with the plat Saga Hill Revised. There is an existing City stormwater catch basin and pipe on the 4300 side of the right-of-way. The neighboring property owner to the east at 1453 Park Drive has indicated their support of the vacation. Based on this, Staff considers both property owners to be requesting the vacation. At the May Planning Commission meeting, a public hearing was held, and following the public hearing and discussion,the Planning Commission voted 6-1 against on a motion to deny the requested vacation. The Planning Commission instead encouraged the applicant to apply for a variance to the average lakeshore setback. As noted in the report, Staff recommends denial of the request. If the Council supports vacation, Staff recommends an easement for continued use and maintenance of the existing storm sewers. At the request of a Council Member, Staff researched the request for a vacation. Since 2015, of the 24 vacation applications made,three of those were vacation requests for lake access. One was denied on Casco Point Road, one was tabled on Crystal Bay Road, and then this application tonight. If the Council would like more information, Staff would need more time to compile the information. Staff would note that in the past the City has vacated various rights-of-way around Forest Bay, including at least one lake access. The Council should make a decision regarding the vacation and then direct Staff to draft a resolution reflecting this decision for adoption at the June 24 meeting. Printup asked what the other vacation was on Forest Bay. Curtis stated she does not have a comprehensive list of the vacations, but it would be probably a better analysis if Staff had more time. Curtis indicated on the overhead the location of the right-of-way and noted this right-of-way vacation lake access was done in 1965. Page 7 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Walsh noted a road and various lake accesses were originally platted in this area and that over time some of that has been vacated. This is one of the last little pieces that is looking to be vacated from its original public purpose as a road. The area is very steep and it is not likely that a road can be built there. Walsh noted the City has talked philosophically over the years about cleaning up this kind of stuff and that this would be a logical one. If the Council decides to vacate it,the easement can be reserved at the same time. Crosby asked why it was there in the first place. Walsh indicated it was originally platted for a road. Curtis noted the other little vacations were on Forest Boulevard. Walsh stated he knows the applicants do not have a problem with giving an easement and that it is more a matter of cleaning it up and making it make sense. Mattick stated reserving an easement as opposed to vacating the whole thing makes sense. If the City reserves something, he would suggest they do not redefine it just so it is over the pipe but that they say they are reserving an easement over the parcel. Mattick stated he does not know if the City is looking to make it less wide, but that it would require some survey work. Printup stated in the past when the Council has had utilities in these city easements,they have allowed property owners to use that area,but it was known that the City had the right to go in there. Mattick stated the property owner still has the right to use that area but the use cannot be inconsistent with the City's easement. For instance, a property owner cannot go and start screwing in bollards or putting in a fence since it would be inconsistent with the easement. The idea here would be that the City would give up their rights to that land but reserve the City's right to perform stormwater work in that area and the property owner cannot do anything that is inconsistent with the City's ability to perform stormwater work or to have access to that pipe. Walsh stated the whole area probably does not need to be covered but that they should allow enough room for the City to access the pipe. Crosby asked how wide the pipe is. Paidosh indicated it is 15 inches. Barnhart stated after consultation with the City Engineer, Staff can draft something for the easement that would provide the necessary width. Printup stated he gets uncomfortable when the City is whittling away at these lake accesses. Crosby stated if it cleans up an issue that was done years ago and is not in use today,then it makes sense. Printup noted these lake accesses are all over the place and they are getting whittled away. If the City does not do anything today,they could maybe come up with a policy rather than doing it here and there. Page 8 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. The City could perhaps say if there are no utilities under it,no pipes or wires or utilities of any kind,the City does not entertain these requests. Printup commented this issue seems like it comes up annually and is not something that is going to go away. Printup stated the question is how the City protects public property. Walsh pointed out all the different lake access points are unique and should be reviewed on an individual basis. The purpose for this one was a public road,which is not going to happen. The City has attempted to create a little more flexibility by having the Code Review Committee look at some of this,which means more people will come forward, and some of those requests will cause problems and some will be innocuous. Most of the time the City has said no but they also have said yes in certain situations. Walsh noted he ran for the City Council to help sort out some of this stuff that is outdated. Seals noted Staffs recommendation was not to approve and that land located on the lake has a value. Seals questioned how giving away something of value for free is in the best interests of the overall community,which is a sticking point. There is a value to it because lake frontage is important. The Planning Commission had a lengthy discussion about it and that it is more complicated than simply cleaning it up. The City does use it,but on the other hand the terrain is steep. Crosby stated that is a valid point and that giving up the land for nothing does not make sense. An ordinary citizen would not do it. Walsh noted you cannot sell a vacation. Mattick stated he assumes the land was dedicated as part of a plat,and if so,the City does not own it. What the City basically has is an all-encompassing easement. The law says when you dedicate something, it will be treated as an easement even though it looks like a separate lot. However,the City does not own the land and they cannot put it on the market. What the resident gets when it is vacated is the land, which goes back to him. Crosby asked who the legal owner is. Mattick stated the County would probably say the City owns it but the City does not have title to it. When the City vacates something, it goes back to the land that dedicated it. If the county follows their normal custom and practice,they will probably split the right-of-way in half. The county usually tries to keep straight lines, but it may become a little more jagged near the road. Seals stated she understands the reasoning from the property owner's perspective, but that she does not believe the City has sat down and said,this is what we own,this is the direction we want to go. Seals indicated she would likely abstain tonight because the City has not done a thorough look at all of the access points. Walsh noted it would be difficult to come up with a specific policy because the access points are all different. Seals stated a good discussion about them would be helpful. Crosby asked whether they should discuss it at a work session. Page 9 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Walsh stated the Council can discuss variances all day long, but until a specific request comes before the City Council,they would just be spinning their wheels. The City Council can talk discuss philosophically what the City's practice is,but that the Council has discussed cleaning these up. Seals commented she does not believe the Council has actually sat down and discussed it and that she would be in favor of discussing it at a work session. Printup noted the Comprehensive Plan has a section that talks about the fire lanes. Walsh stated the DNR also says you should reserve an easement for utilities. Seals stated she is fine with voting on it at some point,but she would like additional discussion about it at a work session. Crosby indicated he is on the fence and that he is fine with a work session to try to come up with some type of consensus. Rief stated other properties related to the fire department are being brought forward at the next work session and this could be one of them. Printup commented this situation is similar to Chevy Chase who were claiming a ditch was a park and who is to say that those neighbors are not going to request to divide that. Walsh stated you have to evaluate the request on its merits. Printup stated he does not want to open up a can of worms and that the City has had cases where there is public property where some have argued it has been beautified. Johnson stated this is an applicant who headed in this direction, at least in part, based on Staff direction that this is one option, and that he wants to be sensitive to that. If this was not on the lake,you could get rid of this easement right away, but because it is,he can understand why there is some pause. Johnson indicated he would like to hear from the applicant. Stephen Paidosh,Applicant, stated their objective was to remove the existing residence and build a new home on the property. The home was originally built back in 1962,and that he is not sure if there were fill issues at some point, but the foundation has settled. The windows have been corrected from time to time, and if you try to structurally fix the foundation, all the windows would need to be fixed again. Basically one of the issues they ran into was in relation to wanting to relocate the public street access to Park Drive. There is an incline on the driveway that faces north, and when something faces north, salt is not as effective and the driveway becomes snow packed. The relocation of the driveway requires an easement and a variance to access due to a utility pole and a stop sign to get onto County Road 19. If the driveway were relocated, it would come out too close to the stop sign, which would probably be an issue. In working with an architect, an L-shaped house was designed with the garage facing Park Drive to give them a straight shot to the road. There is actually a tarred area from when they put in the drainage ditch a few years ago and the home on the other side of the proposed vacation uses that. Page 10 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Paidosh stated the other reason they are pursuing this is to minimize view disruption. The L-shape requires the home to be moved closer to the lake and it would allow it to be further away from the neighbor's house. In addition,the property is possibly a corner lot now because there is a street that does not exist, which would require a 35-foot setback versus a 10-foot setback. A person cannot use the two adjacent houses to determine the average lakeshore setback line since it is all dictated by the house to the west, which is 202 feet from the lake at the high-water mark and this lot recedes in a little. The wider property and the land vacation would allow the house to be repositioned and to be located more on the east side of the property, which minimizes the impact to the west, and they would pick up an additional 10 feet. If you look at where the easement is drawn, it would allow the house to be built up to the current property line and it would allow you to shift and cant the house a little bit, which opens up a peripheral view on the west side. The architect had indicated he requires an updated survey to define the building footprint, which has been done, and they learned from the architect that they would exceed the setback allowance on the lakeside with the L-shaped house and the desire to go out on Park Drive. Paidosh indicated he then met with Jeremy from the City of Orono on what footprint he could work with in January and that is where he learned about a vacation. Paidosh stated he did not realize that he already had an easement on the property that he purchased back in 1999. Based on that discussion,that was the direction they went with their plans and they completed an application form for the vacation. Paidosh stated his understanding is the land has to be divided 50/50. Following submission of the application, it was learned that Staff might not be in favor of the vacation. Paidosh noted he does not have any elevation drawings, which would be required for a variance, and that he does not have formal house plans yet because he wanted to avoid that expense if the vacation would not be approved. In May the Planning Commission voted 6-1 to not approve. Paidosh stated after discussing it with his wife,they made a decision to go forward with the vacation request, which gets them to where they are at now. The original revised plat was registered in 1887, and basically there is quite a difference versus what actually happened versus what was originally intended. Every one of the areas in red represents the vacations that have been granted over time. The blue area is the subject property. In addition,the spoke- shaped area has been vacated. Paidosh noted his request for a vacation is not an attempt for a land grab, and when you look at it,they get to enjoy the property for free and they were not after it for any reason. A few years ago, following construction of a new house,the water runoff was screwed up and it rolled off the road and into the driveways. The stormwater pipe was a simple way of fixing it. Paidosh stated his main intent in meeting with Jeremy was to gain guidance and that he attempted to do what was reasonable before spending a lot of money. The process has been a little frustrating with the lack of continuity to support vacations and that this has been kind of a disruption to their plans. Paidosh stated as a result of the negative recommendation,he is open to suggestions going forward. Paidosh noted he also has been taking care of the public land,which does not entitle someone to it, but that he has been providing lawn care,tree care,and fixing the gravel pathway every time it washes out. In return,they get to enjoy the property for free. Paidosh stated he picked up the tab 20 years ago for riprapping the shoreline without realizing he was improving public property. The vacation will help him Page 11 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. improve the property and it will increase the tax base for the City on land that is currently not generating any revenue for the City. The neighbor that lives on the other side of the right-of-way resides here for only a few months out of the year. Further, at the Planning Commission meeting there was some discussion about emergency access. The point was made that there is ample access to the lake even though there is not free public access. Across the lake there is easy access to the lake, and unless a lot of time and money is spent improving that 50- foot piece, it will not provide vehicular access to the lake. Paidosh noted 1887 is well over 100 years ago and that he does not know what is going to change,but they are now 120 years out and no one has expressed any interest in it. Paidosh stated he did not have any interest in it for over 20 years, but it was driven out of necessity in building a new house. Walsh stated the City Council relies on the Planning Commission to vet the applications and that he was a little disappointed the Planning Commission did not have all of the information. As a result,the Council becomes the Planning Commission in a sense by having to vet the information. Walsh stated he is concerned and disappointed that this process is a little tainted and that he is not sure how to get around that at this point. Seals stated the applicant's explanation helped clear up the process and it goes back to why everyone is on a different page since it seems like everyone had a different piece of information. After the explanation, it does make sense to vacate it, but that she does not want the City to be apathetic in how they got here. Seals stated they need to do better, and if Staff suggests something,the Planning Commission should feel like they have all the information they need. Rief stated part of the challenge is that the current Comprehensive Plan is where the change happened, and in the previous Comprehensive Plan it was always a no and the current one says that it is a maybe. Staff has discussed about how to go about this better but that they are talking about 100 years of vacations. Seals stated her concern is what would have happened if the applicant had given up. Walsh indicated he spoke with the City Administrator on Friday and asked for Staff to repopulate with some of this specific information. Staff did not do so but the applicant did,which is concerning. Printup asked if the applicant has any pictures of the terrain. Paidosh indicated he does not,but the best way is to look at the drawing gradients. Crosby asked how wide the path is. Paidosh stated you can get a riding mower down it. Johnson asked if the applicant is going to come back to the City Council with a request for a variance if the vacation is approved. Paidosh stated his understanding is that there either there is an average or a point of tangency of the house closest to the lake and the house that is nearby. Page 12 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Johnson asked if it is the average lakeshore setback he is speaking of Paidosh stated it is. Paidosh stated they are not looking to build something that is a McMansion and that the area would be divided between the two properties with the vacation, Johnson asked if currently that property is considered a corner lot. Curtis indicated it is, but that the setback would not be the same as a corner lot to the street since it is an undeveloped road. The setback would change if there is a vacation. Johnson asked if the average lakeshore setback would change if there is a vacation. Curtis indicated it would change. Johnson asked if the applicant is confident that he will work within the confines of the zoning district regulations. Paidosh stated the only reason they are moving the house back now is because of the L-shape and coming out on Park Drive. Paidosh stated he does not believe they will get near the red line. Paidosh asked whether they can come out on Park with or without the vacation. Curtis stated they can relocate on Park. Johnson asked if there is some value to having half of that lot. Paidosh stated there might be some aesthetic value on it but that they will be paying taxes on land that they are able to enjoy now without paying taxes on it. Paidosh stated it will cause his value to go up, but due to the easement, he cannot build on it. Johnson noted he would also get a conforming dock location, so there is plenty of value to it. Johnson stated he is prepared to put forward a motion asking Staff to draft a vacation of the property and to work with the applicant to create some compensation for the City and then holding the City's easement in reserve. Paidosh asked if he is asking for him to purchase the City's easement rights. Mattick indicated he is. Mattick noted there would not be a purchase agreement for the land. Paidosh stated he did not realize the dock was not compliant until recently, but that the neighbors all get along and it hasn't been an issue. Mattick stated the City cannot enter into a purchase agreement and that the county ultimately decides where that line gets drawn. The City currently has an easement over it and the land shows up as an outlot. What the City can do is put cash into escrow, and if the request is denied,the money would be returned. Rief asked whether it would just be a stormwater easement or a drainage and utility easement. Page 13 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Mattick indicated the City would need to decide exactly what they want an easement for and that the Council needs to be clear about what they are reserving. An easement covering drainage and utilities is broader than sewer since it would also include water and electric and gas. Johnson stated he is not as concerned about overly encumbering it since logically it is hard to anticipate what the City will need it for. Johnson asked whether the pipe that is shown on the shaded portion of the survey extends all the way to the lake. Paidosh indicated it does. Johnson stated the easement would be carried all the way down. Curtis noted the City Engineer recommended ten and ten. Mattick asked whether there is a legal description for that gray area. David Cumberton, Bergquist Land Surveying, indicated he did write a drainage/utility easement. Hennepin County will decide the final line and that he ran a line tangent to the curb and brought it straight in to give the City more land where the catch basin is. The easement would cover ten feet on either side of the pipe. Mattick stated that area is already described then. Johnson moved, Crosby seconded,Application No.LA19-000017,Stephen and Jennifer Paidosh, 4300 North Shore Drive,to direct Staff to draft an approval resolution for the vacation of the rights-of-way of Forest Boulevard and Bluff Street situated between 4300 North Shore Drive and 1453 Park Drive,and to require a drainage and utility easement be provided by the applicant as described,subject to confirmation,and subject to the applicant and the City reaching an agreement on compensation to the City. VOTE: Ayes 5,Nays 0. (Recess taken from 8:49 to 8:57 p.m.) 13. LA19-000027 MIKE JOHNSRUD, 135 LUCE LINE RIDGE,VARIANCE Oakden stated the applicant is requesting a variance to exceed the allowed square footage for an oversize accessory structure from 1,200 to 1,432 square feet. The property is located in a planned residential development within the RR-1A zoning district. The property is permitted to have a total of 2,400 square feet of accessory building. It is permitted to have one oversized accessory structure, but no single structure may exceed 1,200 square feet. The existing detached building was built in 2017. The property owner is requesting to add a 280 square foot addition to the existing 1,152 square foot building, creating a 1,432 square foot building. The Code allows a second accessory structure on the property not to exceed 999 square feet. Staff finds the submitted application does not meet the practical difficulty standards. The request for a variance does not establish any demonstrable difficulty unique to the property. The applicant has indicated they can meet the city Code by building a separate accessory structure. There are not any unique circumstances with the land or the use to support a variance to allow an accessory building larger than the code would permit. Further,the applicant has not demonstrated that the property is unique to Page 14 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. support the variance and the use of the property has been achieved via the construction of the home and the 1,152 square foot accessory structure. The applicant has stated they need the addition to allow for trailer storage due to theft and vandalism. The applicant states an addition to the existing building would be better financially, environmentally, and neighborly. The Planning Commission reviewed this application at their May meeting and discussed the proposed variances. The Commissioners discussed the City Code for allowing one oversize accessory building and also allowing up to 2,400 square feet total of accessory building square footage. Concerns were addressed regarding overall massing coverage for the property. The Planning Commission recommended approval of the variance request on a 4-3 vote with the condition that any additional accessory structures on the property be prohibited. The City Attorney has advised that any condition placed on a variance must have a clear connection to the regulation. The applicant has submitted signatures from his neighbors in support of the project as well as his homeowners' association. Staff recommends denial. The City Council should review the submitted application and direct Staff to draft a resolution. If a motion is made to approve the request,the Council should provide Staff with applicable practical difficulties. Crosby asked if there is an existing garage on the existing home. Oakden indicated there is an attached garage and the detached garage was built two years ago. Crosby asked what the practical difficulty is. Johnson stated the practical difficulty is that the code does not make any sense,particularly in this instance. The applicant can put another detached garage right next door to this one that is ten feet from it but the Code says it cannot be attached. Johnson asked what the maximum is. Oakden indicated this lot size,the applicant can have one building that does not exceed 1,200 square feet and then he can have a total accessory structure massing of 2,400 square feet. The applicant could technically have three more buildings as long as they do not exceed 2,400 square feet. Johnson asked how big the existing detached garage is. Oakden indicated it is 11,52 square feet. Johnson stated this comes down to the topography, and that the applicant has received approval from his HOA and supporting letters from the neighbors. If he was to add a detached garage on the side, it would start getting into some topography issues. Oakden stated there are some topography issues to the south as it moves back to the rear but the side setbacks would be okay. Page 15 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Johnson asked if there can be a condition placed on the property restricting future garage space. Mattick stated at the Staff meeting the initial question was, can the City place conditions on a variance where the City can prohibit something that would otherwise be allowed. After conducting some research, Mattick stated he believes the City can. If the applicant gets a side yard variance for 5 feet where 10 feet is normally required and the applicant would like a 35-foot house,the Council can say you only get 30-foot house,which is taking away something that otherwise would be allowed. Mattick stated in this instance the Council has to decide whether they should impose conditions. Oakden stated the applicant is requesting 1,432 square feet. Mattick noted that would take away 942 square feet. Walsh noted the condition would not preclude him from coming back at some point in the future. Mattick stated the Code contemplates 2,400 total square feet, so to get a variance for one building,the question is whether there is a strong nexus to strip him of that extra square footage that would be allowed. Walsh stated there may not be a true practical difficulty and the question is whether the code is something the City should revisit. Johnson stated if massing is a concern, attaching the structure is the most unencumbering way to add square footage. Johnson asked whether a practical difficulty could be the fact that the code is unreasonable. Walsh asked how long it would take to revisit this specific code issue. Barnhart noted there is some time left in the 60-day review period but that it might be a challenge to get it before the Planning Commission in time. Crosby stated there could be a practical difficulty with the placement of the structure since access to the structure would be more difficult at the rear of the property. Mattick stated that would be the discussion but that he does not like saying the City does not like its code so let's give variances. If the City Council does not like the code,they should change it. Walsh asked if the applicant would be willing to delay this a little in order for the Council to review the code. Mike Johnsrud,Applicant,stated he has the ability to build up to 999 square feet in another building that is not contiguous to this one and that it is not a state statute that it has to be ten feet from the property line. This development was put in back in the mid-1980s, and the lots are all somewhere around three acres, but someone granted the developer the additional land behind the structures to get to the five-acre minimum that was required at the time the development was done. The taxes and ownership,however, are based on 2.68 acres. Page 16 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Johnsrud stated he is hoping his application is not delayed and that he will either build another structure or add on to the existing one. Adding on to the existing building financially made more sense since only three posts are required,they do not have to do any augmenting to the driveway or remove any trees. It also made more sense for the neighbors. The house to the east will not be able to see it from their house or from the road. Walsh noted the City's Code does not allow them to do that without a practical difficulty, which is what the City Council has to follow. Johnsrud stated there was nothing he saw that defined what a practical difficulty is and that it seems arbitrary. Crosby stated in his view the practical difficulty is the access and that he would be in favor of moving it forward and then addressing the code. Johnson stated no trees would also need to be removed. Seals stated a practical difficulty is something that prevents you from living on the property. Crosby stated enjoyment of your property is also included. Mattick stated some discretion is allowed but a financial consideration is not one of them. When it comes to a practical difficulty,the question usually is, is there something about this property that makes it unique. The City Council knows he can construct a structure that meets the requirements of the Code. The Code contemplates, if due to the dynamics of the lot, he is not able to construct,that would be considered a practical difficulty. The removal of trees here or there is not that much of a practical difficulty, but if there are steep slopes,that may be an additional practical difficulty. A practical difficulty is not simply because it makes sense. Walsh commented it becomes a slippery slope, and that they had one application on Crystal Bay Road where having a washer and dryer on the bottom floor was an issue, but it did not prevent them from enjoying their property. If the applicant does not want to wait for the City to review the Code and wants to build another structure, he can do that,but if he waits, he can build it exactly where he wants to. Crosby stated in his view the accessibility is the issue. Johnson asked if Staff told the applicant they would not support the proposal and why he brought it forward. Johnsrud stated he decided to go through the channels and come before the City Council. The Planning Commission vote was 4-3 and there was actually quite a long discussion about the whole process at the Planning Commission. One of the comments was,this makes no sense,which is similar to the conversation the Council has already had. Johnson stated he would like to approve it but that he does see where the City has its own minutia that prevents them from using logic sometimes. Walsh stated the Council should give direction to Staff on how the code should be changed. Page 17 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10, 2019 7:00 o'clock p.m. Printup moved to deny and move forward with the code review. Barnhrat stated he would prefer two motions. One would be in response to this application and then a motion to review the Code. Walsh moved to direct Staff to draft a resolution denying Application No. LA19-000027, Mike Johnsrud, 135 Luce Line Ridge,and to direct Staff to bring the issue about the code forward at the next City Council meeting. Crosby stated he would not support Council Member Printup's motion to deny. Walsh stated if they change the code,the applicant does not need to come before the City Council again. Seals seconded the above motion. VOTE: Ayes 5,Nays 0. Barnhart asked if the motion was to deny. Walsh stated to deny the variance and to bring the discussion about the code to the next meeting. Barnhart noted at the next meeting, a resolution for denial will be presented, and then Staff will provide background on accessory structures. 15. LA19-000044 CITY OF ORONO ADOPTION OF 2020-2040 COMMUNITY MANAGEMENT PLAN—RESOLUTION NO. 6991 Barnhart noted the draft resolution approving adoption of the Community Management Plan does not reflect recent conversations the City Council has had regarding the property at the northwest corner of Willow and Wayzata Boulevard and also the fire station. The City Council has a couple of options. They can do nothing with the Comprehensive Plan and direct Staff to make changes or they can approve the plan and direct Staff to make changes. The Council can also approve the plan and make no changes. Walsh stated in his view the Council should approve the plan and then have future discuss whether any changes are necessary. Johnson stated there was very little discussion about the fire station property. Walsh stated they need to have more conversation about that and the density units the City is required to have. The City can continue to develop that as they go forward and that the plan can always be amended. Printup moved,Seals seconded,to adopt RESOLUTION NO. 6991, a Resolution Adopting the 2020-2040 City of Orono Community Management Plan. VOTE: Ayes 5,Nays 0. MAYOR/COUNCIL REPORT Johnson moved,Walsh seconded, to discuss amending the City's ordinance to allow docks as an accessory structure on a vacant lot without a primary structure. Page 18 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. Crosby stated he would be in favor of discussing it but at this time he is probably not in favor of changing it. Seals stated having that discussion would be good, but the Council needs to be really conscious about what Pandora's Box will be open. Walsh stated they can see what other cities do and why they do it. Johnson noted there were two complaints the City received where they have a multi-million-dollar lot without a house and they were told they had to remove their dock. There were also some people that were allowed to put in a dock because they have started framing their house, so there is some ambiguity. Johnson stated they need to discuss why, if someone owns a lot, why can they not put up a dock. VOTE: Ayes 5,Nays 0. Johnson stated the conversation about the marina licenses has slowed down and that he and Council Member Seals still have not received the summary of the City's marinas. Johnson stated the City should be pushing forward on this conversation about the marina licenses since there are some legislative changes coming forward clarifying who has jurisdiction. Barnhart indicated he should have the information to them by the end of this week. Rief noted it is scheduled to be discussed at a special work session on July 8. Crosby commented he will be celebrating his 28th wedding anniversary next week. Seals noted school is out, which is exciting for the kids. Printup reported the Orono Police Department received some positive national recognition this past week. Walsh stated the Police Department has received hundreds of e-mails and comments on Fox News website about the police dog recognition and police officer recognition. CITY ADMINISTRATOR REPORT Rief stated he also received a number of e-mail comments today regarding Officer Matt and his lawn mowing. One of the comments that was received was as far away as Australia. Rief reported he has reviewed all of the city roads that are under construction and that a couple of them have been closed for drainage work. The residents should start seeing some progress soon with the roads being built. Rief stated he will be meeting with Police Chief Farniok,the Long Lake City Administrator, and Fire Chief to do some joint training. CITY ATTORNEY REPORT City Attorney Mattick stated he had nothing to report. Page 19 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 10,2019 7:00 o'clock p.m. CLOSED MEETING 16. PERFORMANCE EVALUATION OF CITY ADMINISTRATOR This meeting will be closed as permitted by Statute 13D.05, Subdivision 3(a),to evaluate the performance of City Administrator Dustin Rief. Printup moved, Crosby seconded,to adjourn the City Council meeting at 9:39 p.m., and to enter into closed session. VOTE: Ayes 5,Nays 0. (The City Council was in closed session from 9:39 p.m. to 10:48 p.m.) ADJOURNMENT Moved,seconded,to adjourn the Orono City Council meeting at 10:49 p.m. VOTE: Ayes 5,Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh,Mayor Page 20 of 20