Loading...
HomeMy WebLinkAbout10-14-2019 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 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,City Planners Melanie Curtis and Laura Oaken, 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 SEPTEMBER 23,2019 2. CITY COUNCIL WORK SESSION MEETING MINUTES OF SEPTEMBER 23,2019 3. CLAIMS/BILLS 4. REDUCE DEBT LEVY REQUIREMENT SERIES 2014A RESOLUTION NO. 7024 5. REDUCE DEBT LEVY REQUIREMENT SERIES 2016A RESOLUTION NO. 7025 6. ADOPT RESOLUTION TO DESIGNATE POLLING PLACES FOR 2020 ELECTIONS RESOLUTION NO.7026 7. ADOPT RECORDS MANAGEMENT POLICY AND RESOLUTION NO. 7027 8. APPROVE PURCHASE OF MICROFILM SCANNER 9. DISPOSAL OF FORFEITED VEHICLES 10. DISPOSAL OF BICYCLES 11. ACCEPT OFFICER JOSH NEEDHAM'S RESIGNATION 12. REQUEST TO PROMOTE FULL-TIME POLICE OFFICER 13. ACCEPT ORONO ROTARY DONATION TO LURTON AND SAGA HILLS PARKS RESOLUTION NO.7028 14. LONG LAKE RAVINE STABILIZATION—FINAL PAY APPLICATION/CLOSEOUT 15. APPROVE BIG ISLAND PARK ADDITIONAL ARCHEOLOGY WORK 16. 2019 SEWER REHABILITATION AWARD Page 1 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. 17. LA19-000053—CITY OF ORONO,TEXT AMENDMENT,AVERAGE LAKE SHORE SETBACK ORDINANCE This item was removed from the Consent Agenda. 18. LA19-000062—CITY OF ORONO,TEXT AMENDMENT,ACCESSORY BUILDING SIZE REGULATIONS ORDINANCE NO.232,THIRD SERIES 19. LA19-000064—CITY OF ORONO,TEXT AMENDMENT,GARDENS AS SPRINCIPAL USE REGULATIONS ORDINANCE NO.233,THIRD SERIES 20. LA19-000068—ERIC JOHNSON,580 ORCHARD PARK ROAD,VARIANCE— RESOLUTION NO. 7029 21. LA19-000071—LAUREL ULLAND ARCHITECTURE/MARTHA MEYERS HEAD,2090 SHORELINE DRIVE,VARIANCE—RESOLUTION NO. 7030 22. LA19-000072—BRENDEN LAWRENCE,4265 FOREST LAKE DRIVE,VARIANCE— RESOLUTION NO.7031 29. CARMAN BAY LAKE IMPROVEMENT DISTRICT LEVY RESOLUTION NO.7034 31. LABOR AGREEMENT WITH SERGEANTS LELS LOCAL#168 Crosby moved,Johnson seconded,to approve the Consent Agenda as revised,with Item No. 17 being removed from the Consent Agenda,and Items No.29 and 31 being added to the Consent Agenda. Items No.26 and 32 were removed from the Regular Agenda. VOTE: Ayes 5,Nays 0. PUBLIC COMMENTS None PUBLIC HEARING 23. LA19-000060—TOM DRUK,3348 BAYSIDE ROAD,CONDITIONAL USE PERMIT, PUBLIC HEARING,RESOLUTION NO. 7032 Oakden stated the applicant is requesting a conditional use permit for grading and filling within the floodplain and mitigation for a 100-year floodplain for construction of a new two-car detached garage. The site is substandard in size,width,and has a protected tributary along the northern property line creating a limited building envelope. In order to meet all the required setback regulations,the detached garage is partially located within the 100-year floodplain. The garage will be elevated out of the floodplain with fill. Placing fill in the floodplain requires a conditional use permit. The 26' x 26' building is proposed to be raised roughly two feet. Page 2 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. The public hearing was continued from the Planning Commission meeting to ensure compliance with the DNR's 60-day review period. The Planning Commission unanimously recommended approval of the conditional use permit. Staff finds the proposed plan meets the conditions for filling in the floodplain and meeting all the required setbacks leaves limited options for location of the structure. No public comments have been received regarding the application. Staff recommends approval. The City Council should hold a public hearing and adopt or amend the proposed approval resolution. Mayor Walsh opened the public hearing at 7:08 p.m. There were no public comments regarding this application. Mayor Walsh closed the public hearing at 7:08 p.m. The City Council had no questions for Staff. Printup moved,Seals seconded,to adopt RESOLUTION NO. 7032 ,a Resolution Approving a Conditional Use Permit from Municipal Zoning Code Section 78-1118,for the property located at 3348 Bayside Road. VOTE: Ayes 5,Nays 0. PRESENTATION 24. ORONO SCHOOL BOARD REFERENDUM PRESENTATION Dick Lewis,Orono School Board,addressed the City Council regarding the Orono School District's proposed levy referendum this fall. Many states provide for certain types of expenses,but Minnesota does not carve out technology and requires a special referendum. Historically Orono passed its first textbooks and technology levy in 2002,which was renewed with no increase in 2011. Recently the School Board recommended repeal and replacement of the existing levy,which is good until 2021. By repealing and replacing,the Orono School District will receive extra money for technology. If the proposed levy does not pass, the School District would be able to come back with a new referendum at a later date. With the designated technology funding,the School District has been able to accelerate the personalization of student learning, implement Orono PLUS, and facilitate parent involvement through systems such as Schoology, SchoolMessenger,and ParentVUE. The new funding would be used to expand teacher training for more effective use of technology in their classrooms,improve communication with parents,enhance cyber security protections,and update infrastructure such as servers,routers and wiring. The Orono School District spends approximately$1 million a year on technology,which works out to about$344 per student,and puts Orono down towards the bottom as compared to other nearby schools. If the new referendum passes,Orono would be in the middle of the group,which would amount to Page 3 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. approximately$560 per student. Under the current levy, on a$400,000 house,the District's current authority is$98 per year and the new levy would increase it to$197 per year. More information on the proposed levy is available through a special brochure that will be mailed to all residents and businesses,the school district's website,and via e-mail. Walsh noted Mr. Lewis will be retiring at the end of the year after serving the Orono School District for 24 years. The City Council took no action on this item. 25. LMCD REPRESENTATIVE MARK KROLL—LMCD UPDATE Mark Kroll, LMCD Representative,provided the City Council with an update on the actions of the LMCD Board. In serving on the board for the past two and a half years,he has focused on two goals. The first one was to repair the damage that had been done by the previous relationship and restore Orono's influence on the Board. Even though Orono has the lion's share of the lakeshore,they only are 1 of 14 votes. The second goal was to get a moratorium on milfoil harvesting. Both of those goals have been met. Kroll stated in his 35 years in serving on public and private boards,this is his first nonprofit board he has served on,and one of the things that he has learned is that the marina owners bear the brunt of the LMCD regulations and fees but yet they have no representation on the LMCD Board. Recently a respected local marina owner in Orono has indicated a desire to serve on the Board. Kroll stated he would be happy to relinquish his position on the LMCD Board to Rich Anderson. Kroll stated at this time he would formally retire as a representative on the LMCD Board. Walsh and Seals thanked Mr. Kroll for the work Mr.Kroll has done on the Board. Walsh moved, Seals seconded,to accept the resignation of Mark Kroll and to appoint Rich Anderson to the LMCD Board as Orono's representative. Rich Anderson stated as a marina owner,he has been dealing with the LMCD since 1976. The current board does not have knowledge of the LMCD's past history,which he will be able to provide,and that he will work hard in representing Orono. VOTE: Ayes 5,Nays 0. PLANNING DEPARTMENT REPORT 17. LA19-000053—CITY OF ORONO,TEXT AMENDMENT,AVERAGE LAKESHORE SETBACK Barnhart noted at the City Council's September 9 meeting,the Council directed Staff to prepare an ordinance for adoption reflecting desired language offered by the Mayor. An ordinance was presented at the September 23 Council meeting,which triggered additional discussion. Page 4 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. Based on those discussions,adjustments were made to the final ordinance, including a definition of Lakeshore,which has been replaced with Ordinary High-Water Line. There was also some discussion about how the nearest lakeward projection of the adjacent homes are determined. In instances when the surveyor cannot obtain permission to access a neighboring property,the City has and will continue to accept information based on satellite imagery. As directed by the City Council,the proposed ordinance does not make wholesale changes to the Average Lakeshore regulations and will impact only a small percentage of lake lots. Staff recommends adoption of the ordinance. Johnson noted he provided an example at the last meeting of a complication with the average lakeshore setback ordinance and that he would like to get clarity on some of the language since it is an important document and will impact a number of people. The first concern is the different verbiage that is used. In the ordinance the words principal building is used three times, residence building is used three times, and structure and a building is also used. Johnson stated he would like to get some consistency in the words that are being used. The first line of the ordinance says,"No principal or accessory building shall be located closer to the Ordinary High- Water Line than the average distance from the shoreline of existing residence buildings on adjacent lots. Johnson asked whether residence building is different than what is being referenced as a principal building. Barnhart noted Staff is not proposing any change to that. Johnson indicated he would like to have some consistency in the terms used and that he is wondering whether principal should be used in place of residence building. City Attorney Mattick noted under Paragraph B, Staff inserted the term principal building since the term principal building is something that is used throughout the Code. The existing language of residence building was not modified. To be consistent,the term principal could be substituted in place of residence. Barnhart indicated Staff can make that change. Johnson stated where the language was clarified, it was switched to principal building. This issue came up when he presented the proposed ordinance to different folks that use the ordinance and they found it confusing. At the end of that same paragraph,the term residence building is used again. Under Paragraph A,the term residence building is used again. Johnson recommended the term principal building be used wherever the term residence building appears in the ordinance. Johnson stated in his view this is important because the ordinance does not apply to patios or other accessory structures less than 42 inches above existing grade. The ordinance goes on to list stairways, lifts, landings,lockboxes,flagpoles, and pump houses. Johnson asked whether that is referring to deck stairs. Barnhart stated only if they are above 42 inches. Page 5 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. Johnson stated the language reads that it does not apply to those structures less than 42 inches above the existing grade. Johnson asked whether anything under 42 inches is considered part of the principal building. Barnhart stated that is correct. Johnson asked where that measurement is made from. Barnhart stated Staff historically uses six feet because it is sometimes hard to define where those steps hit the 42-inch level. Curtis stated if it is a structure that is six feet above grade, it is considered part of the massing. The City does not allow anything taller than 42 inches in the average lakeshore setback. Johnson asked if a stairway is measured from where the stairs start. Barnhart indicated they measure from where the stairs hit 42 inches and any portion of the stairs below 42 inches is not counted. Johnson asked if Staff feels this is adequate language to describe that situation. Barnhart stated in his view it is. Johnson asked if the language in Paragraph B would apply to an item like a deck that is attached to the principal structure. If the line does not bisect the principal building but it bisects the deck,does that line keep moving until it bisects nothing of the principal structure. Barnhart indicated that is correct. Johnson asked whether they must also meet the 75-foot setback even though it is not specifically stated in the ordinance. Barnhart stated that is true, as well as other applicable setbacks. Walsh summarized the proposed changes to the ordinance, noting that in Lines 18,23, and 26,they are proposing to replace residence with principal. In Line 31 they will be replacing structure with principal building, and in Line 32 they will be adding principal in front of building. Johnson noted on Line 20 the words stairways all the way through pump houses should be in parentheses since those are examples. Walsh suggested they use the words and/or after the word grade. Walsh moved,Crosby seconded,to adopt ORDINANCE NO. 234,an Ordinance Amending the Code of Ordinances Pertaining to Average Lakeshore Setback,with Lines 18,23,26 being amended to read principal rather than residence; Line 31 being amended to read principal structure rather Page 6 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. than structure;with Line 32 being amended to read principal building rather than building; and to add the words and/or before the word stairways on Line 20. VOTE: Ayes 5,Nays 0. 26. LA19-000047—SCOTT GATES ON BEHALF OF KRUCKEBERG REAL ESTATES,4400 DEERING ISLAND,COMPREHENSIVE PLAN AMENDMENT,AMEND MUSA BOUNDARY This application was withdrawn at the request of the Applicant. 27. LA19-000067—ALEXANDER DESIGN GROUP ON BEHALF OF MARK AND KRISTIE TIES,3219 CASCO CIRCLE,VARIANCE Mark and Kristie Ties,Property Owners,and Sven Gustafson, Stonewood,were present. Curtis stated the applicant is proposing to construct a new home on the property and is requesting an average lakeshore setback variance. The existing home and guest house will be removed,and the boathouse will remain. Due to the shape and orientation of the property, a variance is being requested. The existing home and accessory buildings on this property are located lakeward of the average lakeshore setback line. Following the Planning Commission meeting,the applicant provided a revised site plan in response to the concerns expressed by the neighbor. The revised plan widened the angle of the neighbor's view to accommodate an existing sightline over the existing one-story guest house. Following the public hearing and discussion,the Planning Commission voted 5-1 in favor of the proposal with the modification as presented and discussed. The applicant has provided a revised plan showing the 62.3 degree preservation discussed during the Planning Commission meeting. The City Council should discuss the application and then direct Staff to draft a resolution reflecting Council's decision for adoption at the October 28 meeting. Sven Gustafson, Stonewood, stated it is a large but oddly shaped lot and that they have worked hard with Alexander Group to design a house that improved the lakeside setbacks, improved the side yard setbacks, and maintained good drainage. There is a fairly steep slope from where the courtyard bisects the property and then towards the back of the house. Between the Planning Commission meeting and this evening,the view has been improved from 60 degrees to 62.5,which was the direction of the Planning Commission. The house has also been pulled further back from the lake since the Planning Commission meeting. It was previously 148 feet to the lake and now it is proposed at 156 feet from the lake. Pulling it any further back from the lake created an issue with a large tree off the end of the garage as well as some drainage considerations. Walsh asked if the current plan is what is depicted on the overhead. Curtis indicated it is. The existing buildings shown with that same sightline are depicted by the black line. Gustafson stated the entirety of the second building is gone. Page 7 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. Walsh commented he attended the Planning Commission meeting and the goal was to accommodate the neighbor's desire to view over the boathouse,which has been accomplished. Gustafson stated what is not clear on the plan is the impact of the trees on the neighbor's view. Through a lot of pruning,the view has been opened up without removing the structure. Walsh asked if anyone from the public would like to comment on this application. Stacy Marks,3127 Casco Circle, stated she has been listening to the City Council and Planning Commission meetings and that they spend a lot of time talking about the average lakeshore setback because it is very important. It helps to maintain the quality of the lake and keep neighbors happy. Marks stated she is here tonight to ask the City Council to honor the setbacks since they serve a purpose and the people of Casco Circle have held pretty true to that in this area. Marks commented she thinks of this 49-foot setback as the elephant in the room and that typically the City will look at setbacks anywhere from 3 to 8 feet. The proposed structure and majority of the house is ahead of both lines. One of the things mentioned and noted in Staff s report is that the lot will not accommodate the structure. The house can be moved inside that pocket,which is 120 feet,and that more than anything this is a design issue. Most people have their homes more complying with the setback, and as the City Council can see,the home fits in there just fine. The big question is how that can be considered a reason to come for a variance. Marks stated she also thinks it was a little disingenuous when the rest of the structure is not included in the packet. In order to see the whole roof,you have to go to Page 7 of 7. The rest of the proposed roof is even taller and only the left-hand portion of the house was shown. Those side-by-side images do not show a true picture of the house. Curtis stated the applicants were providing the view from the side of the new house to her house. Marks stated if you are comparing the two,you should also show the other side of the house as well because it shows a different picture. Marks requested the City Council to strongly consider the variance before making a decision. Seals asked where the current structure is. Curtis indicated the red lines depict the current structure and the boathouse is down by the lake. Seals stated in her view this Council tries to respect the 75-foot setback but that there is a continency within the code that allows someone to replace a structure in like and kind as long as they rebuild within a year. The applicants are pushing the structure further back,which is a good thing,but that she can understand why she would like to see the house moved. Walsh stated they are farther ahead of the average lakeshore setback right now,but they are pushing the house back from what was originally proposed and from what exists. Seals stated they are improving the situation. Page 8 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. Walsh noted the Planning Commission discussed the neighbor's view of the boathouse and the applicants made an accommodation to their plan to maintain that view even though there is nothing in the code requiring that. Johnson commented the existing house affords the property owners some privilege with the position of their new house and they are taking advantage of that,which they are entitled to do. If this was a vacant lot,they would not get any support for moving it in front of that average lakeshore setback line,but it is not a vacant lot and they have a right to place the house where it is. The applicants have moved it back from what was originally proposed to accommodate the neighbor's view and they did not have to do that. Crosby asked how far back it is from the initial home. Gustafson stated he believes it is 143. Curtis stated 143 feet was the proposed home location and it is now 156 feet. Stacy Marks asked if there is now an as-if clause that is going to be applied because she did not read that anywhere in the code. The applicants are not replacing it in like and kind,and the rule should only apply if that was being replaced in like and kind. Walsh stated it is a mitigating factor versus it being a clean slate where someone has to have a practical difficulty to get a variance. Mattick stated the property owners can build exactly what they have without a variance if they rebuild it in like and kind. Since this is not a vacant lot,the Council has to consider other things, and historically Ms. Marks' view has had some blockage. Marks noted the existing structure is 73 feet from her property and that this large three-story structure will be 17 feet from her house. What is being proposed is a very different structure from what exists,and if someone can get a 49-foot setback,the question is where does it stop. Printup moved,Johnson seconded,Application No.LA19-000067,Alexander Design Group on behalf of Mark and Kristie Ties,3129 Casco Circle,to direct Staff to draft an approval resolution granting an average lakeshore setback variance. VOTE: Ayes 5,Nays 0. 28. LA19-000069—GORDON JAMES CONSTRUCTION ON BEHALF OF DALE AND JONMARI OLSEN,3315 CRYSTAL BAY ROAD,VARIANCES AND IUP John Quinlivan,Gordon James Construction;Andrea Swan,Architect; and Dale and JonMari Olsen, Property Owners,were present. Curtis stated the applicant is requesting a number of approvals in conjunction with redevelopment of the property. Due to the property's small size and small deck,redevelopment will require the following variances: -Lot area; -Hardcover within the 75-foot setback; -Building and structure within the 75-foot setback -Driveway width within the 75-foot setback; Page 9 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. -49 percent total site hardcover where 25 percent is allowed; -30 percent building/structural coverage where 20 percent is the maximum allowed; -Rear yard setback; -Front(street)setback; and -Side yard setback. An interim use permit for export of approximately 1,120 cubic yards of material to be hauled from the property within 75-foot setback and off site is also being requested. At the September Planning Commission meeting, following a public hearing and discussion,they voted 4-2 on a motion to deny the requested variances. There was considerable discussion regarding the proposed structural coverage and the adjusted lot area used to calculate structural coverage between the applicant and the Planning Commission. In situations like this one where the traveled roadway does not exist in a dedicated easement,the actual paved width is removed from the lot area for calculation purposes. The total lot area of this property is 14,459 square feet;however,the adjusted area is determined to be 11,100 square feet. Staff does find practical difficulties inherent to the size and shape of the property in addition to the location of the roadway and lake to justify some level of variances for redevelopment. However,the applicant is proposing redevelopment on this property at a scale which is unsupported by practical difficulties and is far beyond what is reasonable for the property and neighborhood to support. Staff recognizes that this lot requires certain variances to support development and redevelopment. Staff does not support the structural coverage or hardcover variances because it appears the requests are borne out of convenience rather than hardship. Staff recommends the structural coverage be reduced to 20 percent. Staff recommends denial of the application as proposed. John Quinlivan, Gordon James Construction,noted there are currently 28 properties on Crystal Bay Road, with 24 considered lakeshore. Of the 24 properties with lakeshore,this property is the widest property at 150 feet. There are approximately 11 lots that are 50 feet or less width,four lots have 60 feet or less in width,five have 90 feet or less in width,and three lots are over 100 feet in width. This property is the widest of those properties but is also the second shallowest property,which presents a number of challenges and practical difficulties. A practical difficulty has to be a reasonable manner not created by the owner and fits the character of the neighborhood. A number of the lots to the west have front-load garages due to the width of the lot. There are five lots that are wider that have side-loading garages. Several properties to the east have variances for a garage tucked in the back. A side-loading garage was designed for several different reasons. Number one,it offers a better appearance. Number two,Crystal Bay Road is narrow, and it was felt it would be better not to back out into the street. The setbacks are greater than three times what was required. There is also very limited parking on Crystal Bay Road and the side-loading garage would allow for guest parking. As it relates to hardcover,they are proposing to capture nearly 100 percent of the runoff through cisterns that would capture as much water as possible. The driveway and other exterior hardcover will use pervious pavers and the gutters will direct water to the buried cisterns. The homeowners are very Page 10 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. involved with the newly proposed Lake Improvement District on Crystal Bay and have taken every effort to eliminate runoff from their proposed plan. Andrea Swan stated she would echo what was said by Mr. Quinlivan,and that she politely disagrees that the plan is for convenience but that it rather is for safety. As an architect, she follows codes relating to the health, safety, and welfare of the neighborhood and City. This lot would require a variance no matter what is done and the question is what is reasonable. This lot is uncharacteristic with the neighborhood and most of the homes vary greatly. To the east,the lots are bigger,with the garages in the back. To the west they get smaller for a while and then get bigger. The easy thing to do would be to put the garage on the front,but the right thing is not to do that for aesthetic and safety purposes. One of the neighbors pointed out that it is unsafe for cars to back out onto the road. In addition,the driveway has been made skinnier and pervious pavers will be used. Swan noted the City has received no objection letters from the neighborhood regarding their proposal and that they are the ones who know the characteristics of the neighborhood and what they would like to see. Quinlivan noted they have improved the lake side setback,the side yard setbacks,the rear yard setback from existing,and that there is a lot to be said for that. In addition,the lakeside of the lot has a number of retaining walls. They did meet out on site with Adam Edwards and he brought up some concerns from a plow perspective. Although it is not in the plan,those retaining walls can be removed and the homeowner is fine with that. Mayor Walsh asked if anyone from the public would like to comment on this application. Todd Olson,3325 Crystal Bay Road, stated he supports the plan and that it fits in with the neighborhood. The houses are all different sizes and shapes. All the neighbors support it and it will be positive for the area. John East, 3445 Crystal Bay Road, stated he would echo those comments and that the new home would beautify the neighborhood. Crosby asked how many square feet the home is. Curtis indicated it is 3,454. Richard Anderson, 3205 Crystal Bay Road, stated he has .33 acres of land next to his marina and this is .25. The house he has designed for that lot is 20 percent structure and 24.9 percent hardcover. Something can be designed for this lot that fits in the footprint. The house is supposed to be 20 percent structural coverage and it is proposed at 31 percent. The area where they are talking about removing the retaining walls is at the widest part of the road and people park there. Anderson stated he is not sure if the 21 feet is accurate or if that is proposed. Curtis stated they are showing the width of the road narrowed. Anderson stated he has an issue with them removing part of the road. An argument could be made that the City does not own the road,but the fact of the matter is the pavement has been there for a long time Page 11 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. and there will be a struggle to take the pavement out. That area allows some parking and removal of it will be an issue. There are dock renters at this property and the next-door property and that is where the cars park when there is overflow. It also helps create a nice little buffer. In addition,the neighboring Anderson reiterated that someone can design the house to meet the 20 percent and meet the setbacks, and that it was his understanding the 20 percent was a hard and fast number. Printup commented what is being proposed is too much for the lot and that it has not been that long ago that the structural coverage was raised to 20 percent from 15 percent. Walsh noted Staff recommended the applicants comply with the 20 percent. Printup concurred it is a hard and fast number and they can redesign it. Quinlivan noted the Planning Commission thought the road was a practical difficulty, and if you take that out of the square footage, it really limits what can be built. Quinlivan asked whether the road could be considered a practical difficulty. Right now with the road it is 14,459 square feet and 11,000 square feet without it. Walsh pointed out the City typically removes the square footage out of the calculation, and if that was included,they would be able to meet that. Printup encouraged the applicants meet the structural and hardcover rules as much as possible. Walsh asked if the road was included as part of the lot for the other lots in the neighborhood. Curtis stated either the road is platted and is not included, or the road area is removed from the calculation. There have not been a lot of structural coverage variances granted because a number of the lots are 10,000 feet. The other new homes in the neighborhood have complied with the 20 percent. Quinlivan noted this is the shallowest property in the area,and where the road widens at the front of the house,the largest amount of road is on this property. In his view that is a practical difficulty and it would help fit the 20 percent overall lot coverage. Walsh commented he can see how it could be a practical difficulty and that the question becomes what mitigating factors there are. Even if all of that is factored in,they are still over. Quinlivan indicated it is 23.5 percent without the road and in their view they can reduce that. Printup noted the City does not count the pervious pavers and the cisterns. Quinlivan pointed out they will absorb all of the watershed for a significant cost and that in his view that is a pretty good trade-off. Removing the road would help. Walsh noted it is a choice to have a side-loading garage and that it creates a lot of hardcover. The proposed structural coverage and hardcover are the two things that jump out. Crosby commented it is too much. Page 12 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. Seals stated it is a beautiful drawing,but it is too much for the lot. The lots are smaller in the Crystal Bay neighborhood. The proposed hardcover is also an issue and that in her view they are pushing the limits too much. Quinlivan pointed out they have 30-plus setbacks on each side and that it will look like there are two empty lots. The challenge is how to make it fit without looking out of place. Johnson stated the discussion at the Planning Commission was pretty interesting and that he is in favor of allowing them to use the 14,000 square foot number as the basis. Walsh stated that would make the road a practical difficulty. Johnson stated he believes the Planning Commission felt that as well. There is some advantage to being on a lot less than 10,000 square feet because they tend to get a lot of variances. Johnson indicated he would not be open to any restricting of that roadside and that he would like to see the walls removed. By using that 14,000 number,they can revise their plan to get closer to the numbers,but they will have to make some hard choices. Johnson stated he also heard the argument about backing out on to the street, and that he would like to keep the cars off the street as much as possible. If you have to back out,you have to be more careful. Johnson stated he would not be in favor of narrowing the road and that they should comply with the 20 percent structural coverage but that he is not sure about the hardcover number. Crosby commented he would like to see the hardcover number be reduced. Seals stated the problem with narrow roads is emergency vehicle access. Quinlivan asked if they can table the application. Walsh indicated they can do that. Curtis noted the deadline has been extended to January 1,2010. Swan asked even if they put the garage facing the street,they would still be over on hardcover,and her question would be whether that would be better. Walsh commented it is not the purview of the City Council to design the house and that they just provide guidance. The City Council has provided the boundaries they should work within and gave them some flexibility with the road Quinlivan concurred there is some value to getting cars off the street and leaving it wider. If they leave the road the way it is today,there is also some desire to get cars off the street as well. Walsh stated those would be mitigating factors and that the City Council cannot give them an exact answer at this time. Curtis stated 1,400 square feet of driveway would be 10 percent. Page 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. Johnson suggested showing the plan two ways. There is some flexibility with getting cars off the road but they have to shrink the overall house down. Walsh noted they cannot create their own practical difficulty. Walsh moved,Crosby seconded,to table Application No.LA19-000069,Gordon James Construction on behalf of Dale and JonMari Olsen,3315 Crystal Bay Road. VOTE: Ayes 5,Nays 0. MAYOR/COUNCIL REPORT Seals stated her team won the boating trophy. Even though the weather was cold and rainy,everyone had a lot of fun. Seals reported the Bederwood project is underway and it looks very nice. Printup noted he received an email yesterday about the Polar Plunge and that he is looking forward to it. Printup noted Minnesota had the current president visit the state last week and that in the future he would hope everyone would be open to any past,present,or future president visiting the City of Orono with open arms. Johnson had nothing to report. Crosby reported there was a major house fire on Walters Port on Friday. The winds were excessive,with 70-mile an hour gusts. The Long Lake Fire Department was on the scene fairly quickly and they did a great job,along with all the neighboring fire departments. Kudos to the crews and the firefighters because they did an outstanding job. Walsh stated he attended his daughter's softball game in Wisconsin where they reached the consolation championship game. He also got to visit the Notre Dame football stadium,which was fun. CITY ADMINISTRATOR REPORT 30. DESIGNATE CONTRIBUTIONS FOR RIGHT-OF-WAY Rief noted a couple of Council members have requested the Council discuss where the funds received for the right-of-way be allocated. The contribution in lieu of the vacation was $35,000. Walsh stated he would like to see it go into the Park Fund and the Council could provide guidance to the Park Commission on how the money should be spent. The City has done a number of improvements to the parks over the past few years to bring them up to speed and the Park Commission has spent a substantial amount of money doing that. The City also received matching grants for Bederwood but the City has to match those amounts. As the City's Park Fund is dwindling down,the City will need to sustain the parks and that he would like to start dedicating funds to that every year. The amount of development land in the City is slowly going away,which means fewer park dedication funds. Page 14 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. Johnson stated any time the City sells an asset,the money should be dedicated towards something, and that he would be okay with putting it into the Park Fund. Walsh noted the City Council has to approve any funds that come out of the Park Fund so they will have some say in how the money is spent. The City might also want to look at improving lake accesses at some point. Rief stated park capital improvement items get spent out of the Park Fund and that currently there is no designated improvements related to any new accesses and that they are all related to current park accesses. If the City Council is interested in designating money toward lake access improvements, perhaps a joint meeting with the Park Commission would be beneficial. Sesals noted the City has a line item budget for the golf course and perhaps they could do the same thing for Lurton Park. Rief stated that was one thing that was discussed at the Park Commission work session. The City currently does not track expenditures on a per park basis since it is hard to capture that because a lot of it is related to maintenance. Seals stated she is thinking more of the parks that bring in money for services,such as the dog park. Rief stated Lurton Park brings in around 90 percent of the 100 percent they need,but that he can give an exact number. Seals stated when she was over at the Police Department last week, she heard some of the officers were at Lurton Park because it was the impression that they never check for permits. If the City is going to dedicate money towards improvements and maintenance,they need to understand the costs. Walsh commented Staff could perhaps come up with some ballparks. Rief stated the revenue part is easy to figure out but that allocating the maintenance expenses would be more difficult. Seals stated in her view the revenue from Lurton should go right back into the park and not into the General Fund. Rief stated the permit fees go into the General Fund and that they can track the expenses related to that park. Rief stated he will discuss that with Adam and br ing back some options. The City does not know the exact operational costs of the park. In addition,there has been some vandalism at the park. Rief stated he will bring that item back before the City Council after Staff has had a chance to discuss it. Seals moved,Crosby seconded,to direct Staff to deposit the Lurton Dog Park permit fees directly into the Parks budget for reinvestment into Lurton Dog Park. Rief noted that will cause an amendment to the budget and that they will bring it forward at the final budget meeting. Page 15 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 14,2019 7:00 o'clock p.m. VOTE: Ayes 5,Nays 0. Seals moved,Crosby seconded,to allocate proceeds received from the right-of-way vacation associated with Application No. LA19-000017 to the Parks Fund. VOTE: Ayes 5,Nays 0. Rief stated he needs one or two Council members to go through the audits. Seals moved,Walsh seconded,to appoint Aaron Printup. VOTE: Ayes 5,Nays 0. CITY ATTORNEY REPORT 32. CLOSED SESSION This item was removed from the Agenda. ADJOURNMENT Printup moved,Seals seconded,to adjourn the Orono City Council meeting at 8:51 p.m. VOTE: Ayes 5,Nays 0. ATTEST: WNC..)) Anna Carlson,City Clerk Dennis Walsh,Mayor Page 16 of 16