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HomeMy WebLinkAbout07-13-2020 Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13,2020 6:00 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, II, Matt Johnson, and Victoria Seals. The following members were absent: Aaron Printup. Representing Staff were City Administrator Dustin Rief, Development Director Jeremy Barnhart,City Planner Melanie Curtis,Public Works Director/City Engineer Adam Edwards, and City Attorney Soren Mattick. Mayor Walsh called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF JUNE 22,2020 2. COUNCIL WORK SESSION MINUTES OF JUNE 22,2020 3. CLAIMS/BILLS 4. APPOINT MUNICIPAL SUPPORT SERVICES REPRESENTATIVE FOR HIRE 5. APPROVE DISPOSAL OF PROPERTY 6. APPROVE DISPOSAL OF FIREARMS 7. APPROVAL TO ACCEPT DONATION FROM SCHENA JOSWIAK AND ANITA LITECHKY 8. APPOINTMENT OF 2020 SEASONAL EMPLOYEES 9. SEWER REHABILITATION AWARD 10. SEWER EXTENSION—1000 BROWN ROAD 11. EAST LONG LAKE TRAIL PROJECT(20-029)—AWARDS 12. LA20-000039—SHERRY AND JOHN GORMAN,3585 FREDERICK STREET, VARIANCE—RESOLUTION NO. 7109 Crosby moved, Seals seconded, to approve the Consent Agenda.VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Ms. Claire Berrett, on behalf of a group of parents who organized the Orono High School Senior Graduation Parade, thanked the City of Orono leadership and Police Department for their support of the event held on June 5. She noted the seniors did not get a chance to say good-bye to their classmates, staff members, and teachers when they left school in March. They also did not have a sense of closure or Page 1of19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. completion of their high school experience. The event gave them a chance to do so. She said there is a possibility of this becoming an annual event. In addition to experiencing the recognition from the parade, she believes the students will carry with them some important lessons learned. She hopes they learned if they do not find their circumstances acceptable, they have the power to change it by being innovative, organizing and creating a different outcome. She thanked Mayor Walsh, Chief Farniok, Sergeant Siltala, City Administrator Rief, Council Members Seals, Printup, Crosby, Johnson, and the Police Department. Walsh said it was a fun event and important to make it a final moment to remember. He thanked her for her efforts. Crosby thanked the parents who organized it and said it was wonderful that the parents stepped up and helped facilitate the event. PUBLIC WORKS DIRECTOR/CITY ENGINEER REPORT 13. SANITARY SEWER SERVICE LINE INSPECTION PROGRAM—ORDINANCE 247, THIRD SERIES Edwards stated the matter was tabled in June as a result of input and some edits which they attempted to incorporate into the revised version of the ordinance. He noted he moved the implementation timeline from August to the end of the year in order to get communication out to the residents, along with the remainder of the procurements that are needed and training needed to make the program work. Walsh asked if Johnson and Edwards had the details regarding the I&I program ironed out to Johnson's satisfaction. Johnson said he is in agreement with finding ways to help with the I&I but will vote against the current ordinance because he does not think it is the right vehicle. He said he did not see illicit discharge, such as a broken pipe, in the document. He asked, if an I&I inspection is done and the inspector finds a break where the sewage is discharged, if that falls into another section of the code. Edwards stated Johnson was right, that illicit discharge falls under the stormwater section of the code. Johnson said there should be a reference within the ordinance to that because that is another potential consequence that does not fall into the 90-days-to-make-a-repair scenario. He noted Edwards put a great communication plan and timeline in the document. He stated the fourth item in the application talks about a sewer service line, and at the bottom it reads that failures include but are not limited to sags, partially collapsed sections, or tree root intrusion are a pass/fail. Edwards stated Johnson was correct. Johnson said initially it was just for the I&I but that language addresses some of the performance issue of the sewer as well. Edwards agreed with Johnson and said the application may need to be reworded. He said the intent is, when an I&I sewer service inspection is done, they are looking for I&I,with the exception of an illicit discharge. Otherwise, there are some things which would not be a violation of the I&I code but might be noticed as the pipe is being televised which would be passed on to the homeowner, such as a sag in someone's line. A sag is not a violation, but it is an area where buildup or clogs can occur. A homeowner Page 2 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. would still get a certificate of compliance with I&I,but they could tell the homeowner they have a sag in a specific area which they might want to address at some point to make sure a backup does not occur. Johnson said the language is different from some municipalities where, if there are issues with the sewer line, it becomes a required repair. Orono's proposal is limiting it to I&I intrusion, sump pumps discharging into the sanitary sewer. They discussed making that very clear in the communication because realtors and consumers who go from market to market might feel like this is an inspection for problems but Orono is saying that it is only an I&I issue. Orono needs to make sure what they are doing and what it includes so it is not misinterpreted as something such as a complete inspection of the sewer line. Edwards stated the I&I component is different from a new service inspection. If somebody installs a new service that has a sag,they would tell them to fix it before it was covered. This is for an existing sewer line where there is a televised inspection being done. Crosby clarified that Edwards was referencing a water intrusion into the pipe. Edwards said Crosby was correct, that inflow& infiltration is looking for clean water going into the sewer system. Walsh asked where the illicit discharge reference would be included on the document. Edwards stated the code section could probably be referenced somewhere in the first paragraph. Walsh suggested a motion to include adding that reference. Seals stated she reached out to a few cities and this is the biggest black-hole cost for most cities right now. The ordinance will probably not be perfect and need to be refined as things go forward. Walsh agreed it would need to be reviewed but that it gets the City started on the path of starting to solve some of the I&I issues and see how it impacts the I&I,because every year the Met Council sends the numbers and costs for the water that gets in the sanitary sewer. Crosby said the increase from the Met Council was about 30%and anything that could be done to contain costs is important. Walsh stated the City has done their part as far as the City part of the streets. Seals moved, Crosby seconded, to approve the Sanitary Sewer Service Line Inspection Program— Ordinance No. 247,Third Series with the additional illicit discharge language, Section 14-189, put in Paragraph 1 or wherever is appropriate. VOTE: Ayes 3,Nays 1 (Johnson). PLANNING DEPARTMENT REPORT 14. LA20-000037—TIM HANSON,2645 CASCO POINT ROAD Staff presented a summary of packet information. Mr. Tim Hanson, 1270 Arbor Street, Orono, and Carrie Noble, Chaska, were present. Mr. Hanson said he has been an Orono resident for 11 years; Carrie has been a resident of Chaska for 11 years. He thanked Page 3 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. the Council for their consideration of the variance request. He said Carrie and he recently bought a lot on 2645 Casco Point Road. It is a dream lot for them. They are asking for a variance request for hardcover which is 2%over the 25%. Casco Point Road is a very busy road, and he said there is a sign the City recently put up that says"Share The Road With Pedestrians"and there is only one way in and out. Currently, a driver has to pretty much pull over to the side to let another car by. They were looking at having a driveway straight down so they don't have to park cars on the street. He said Carrie has a 15- year-old and a 12-year-old daughter, close to licensing age, and with the shuffling around of cars,they thought a driveway straight down would eliminate having to park on the road. There are blind spots on the road. He stated their neighbors, Dustin and Casie, sent an email in favor of the variance. One of their children was hit by a car because of biking in and out of the road from the driveway. He said the variance request is mostly a safety issue. They came up with a good-faith effort with proposing to have the house set back six feet from the setback line to the lake which will give better views for the neighbors. They are also looking at paver steps going up to the front entrance in the amount of 140 square feet although they would only get credit for 100 square feet. They are also being conscientious in the landscape design with hardy trees and plants that have root systems that absorb more water and create less runoff to the lake. Ms. Carrie Noble noted it is busy with a lot of traffic,the paths are very close, and there are a lot of walkers and runners, both adults and children. She said she feels it will help to keep the cars in the yard. In addition, the design would allow for storage of lake toys in the garage. Crosby asked if a three-car garage was planned. Mr. Hanson stated it is a three-car garage but is very thin and would be a tight fit for three cars. It is not oversized and there would not be space for paddle boards or other things; it has limited space. Johnson said he read the Planning Commission minutes and he understands the Applicants are trying to address safety, but at the same time it is new construction on a vacant lot. They are under the 20%for the structural coverage, but the Council has been very rigid regarding the hardcover number in particular on a new construction house. He could not support a variance for that hardcover. Walsh noted 7-8 years ago a homeowner did not get to have the 0-75 square footage in the hardcover calculation. 60 feet of shoreline gives them 4,500 feet in the 0-75, which means they would not have had 1,125 square feet of hardcover they now have. The changes were made to give people more flexibility to stay within the 25%. A few years ago, the structural coverage was changed from 15%to 20%to give everyone more flexibility so there are less variances. This is not a choice between a two-car or three-car garage. You get 25%;you design your house. When there is a blank slate,the Council opinion has been the owner has to stick to the 25%because the rules were changed so everyone could fit into that. He noted safety is always an issue. He lives on a one-car road. If anyone is coming, you have to go on the neighbor's grass to get by. Everyone has to be cognizant of who is coming and going;they have kids in the neighborhood as well. When he bought his house 20 years ago, it was 29%,which was above what it was supposed to be. With the changes, it brought his house down to 19%. It was a big change for people so they could build bigger garages, bigger houses, bigger decks. He would also stick with the 25%. It is up to the Applicant how he wants to allocate that 25%. Seals stated she also agrees with 25%. It is a different issue if the roads are dangerous and people are driving too fast which should be addressed. A perfectly designed lot is not going to fix the road problem. Crosby asked what square footage the 2%is adding. Page 4 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13,2020 6:00 o'clock p.m. Johnson noted the total is roughly 3,100 square feet. Mr. Hanson stated it is basically 230 square feet. Walsh said the other variances are practical difficulties and he would support them. Crosby asked if the Applicant felt there was a place he could allocate to get down to 25%. Mr. Heath Burris, 15535 52nd Place North, Plymouth, said he is building the home and he could get down to 25%by making the driveway smaller. He is not sure how that would affect the curb cut. Currently the curb access is about 20 feet and is not quite as wide as the driveway. The goal is to keep the rainwater from entering the lake, and he does not know if the amount equates to five gallons or 500 gallons of water. In the past they have been able to capture that with a French drain or a French garden. Although they are 2%over,with certain landscape designs, the impact on the soil, lake, road, and stormwater sewer is the same whether it is 27%or 25%. He asked for that option to be considered. If the Council does not approve the variance,the driveway will be smaller. The homeowners could still park on the sod/grass. Walsh stated he did not think the City had trade-offs for rain gardens in the code so it was not an option. Crosby asked if rock would be considered hardcover. Curtis said rock for a driveway would be hardcover. Walsh noted once something is compacted, it becomes hardcover. Mr. Burris said that was an idea they have come up with in the past in the same situation in other cities around the lake, so it was one of the alternatives he brought to Tim and Carrie. Walsh stated each city has a variety of things they look at; it is not in Orono's code as a trade-off. Crosby said Casco is not a great road and he is concerned about safety. He also understands why the Council wants to stick to 25%. He asked if the builder could find a place where he could rob Peter to pay Paul to get to 25%. He stated it would be better to have more cars off the road. Walsh noted it is human nature to maximize things such as the house and minimize the driveway because more driveway is less house. Crosby said he understands that because the rules changed in the past, the Council wants 25%. Johnson moved, Seals seconded, to deny LA20-000037—Tim Hanson,2645 Casco Point Road- Variance Request.VOTE: Ayes 3,Nays 1 (Crosby). 15. LA20-000024—JAY NYGARD 1380 REST POINT ROAD—LOT AREA, LOT WIDTH, HARDCOVER,AND SIDE YARD SETBACK VARIANCES Staff presented a summary of packet information. Page 5 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. Johnson asked Staff to explain the request for additional feedback from the Planning Commission. Curtis stated the Applicant requested the item be brought back before the Planning Commission to get additional comment. Walsh clarified the Applicant wants another Planning Commission meeting which, unless the Council agrees to, Staff cannot allow. He said the City Council can make the decision; or if there are issues,they can send it back to the Planning Commission for more feedback. Johnson stated he did not know if he had been in a situation where someone asked to go back to the Planning Commission so he was not sure about it. Mr. Jay Nygard, 1386 Rest Point Road, Orono, asked if there were any Council Members who would like to recuse themselves from the discussion. After there was no response, he asked which members attended the ethics training from the League of Minnesota Cities when they were first elected. Walsh indicated he did so. Mr. Nygard stated that contradicted testimony in a transcript where Walsh said he did not. Walsh indicated that was not true. Mr. Nygard said he has the transcript. He asked if any Council Members looked at the property to see the stakes and what he is talking about. Crosby stated he did not have the opportunity. Mr.Nygard said it was a little frustrating that nobody came to look at it. He read in an ordinance that when something like this happens, lot area and lot width are issues that would be moot. There are two issues: hardcover and side yard setback. The reason he requested to go back in front of the Planning Commission was because it was a virtual meeting, and he was raising his hand several times trying to get attention and did not feel like he had a fair opportunity to interact and get feedback. He was denied that opportunity and now is in front of the Council. He is not changing the character of the neighborhood; he is not asking for any structures or any increases. He is asking for help to solve a long-standing problem for himself and the City. His goal is to solve problems and make the neighborhood better. There is no financial incentive; if he moves property from one side to the other, it increases or decreases equally. When he bought the property at 1380,there were several problems and several illegal structures. One of them the City voted on when they found out about it after the fact and allowed it to exist, which was a driveway turnaround with a retaining wall and sidewalk. There was also an illegal fence that had been there for years that the City acknowledged was illegal yet never did anything about. The biggest thing about getting rid of the fence is that it was truly decrepit--full of mold, falling over-- and it needed to go. By removing it, he got rid of 270 feet of hardcover on the lot. He heard that hardcover is not a part of this, but it is. All the projects he is doing on the property go together; they are not individual. He asked if Staff had the most recent survey he submitted with his adjustments. Curtis indicated they did, and the survey was displayed on the monitor. Page 6 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13,2020 6:00 o'clock p.m. Mr. Nygard said everyone could see by looking that he moved the property line to two feet off the boathouse because that is what the Planning Commission wanted. He also decided to adjust it to where the crest of the hill is. It is a fairly steep hill and would be next to impossible to maintain from above, so a large part of it would have to be trespassed on in order to maintain it. There is also a waterfall in the front part that's over the property line that has been there for 18 years. The property line change would make that area part of 1386. The time period for adverse possession is 15 years in Minnesota. The hardcover is lowered for both properties; the hardcover stays the same for 1386, but adjusting the line gives it more hardcover so it drops from 27.5%to 26.2%. The hardcover for 1380 is down from 4,819 to 4,549, dropping it from 29%to 28.2%. Another issue is the side yard setback to the shed and boathouse. Both have been approved by Councils in their current location so they are legally non-conforming structures. He has been able to remove the shed from the side yard setback issue; it is now outside of 7 '/2 feet so the shed, as far as side yard setback is concerned, is legal. He is gaining 3.92 feet along a 23-foot stretch by the boathouse that is going to reduce that setback. It is a win-win for everyone. The hardcover drops on both lots; one non-conformity is removed, although another is increased a little bit. He has tried to make the best out of the situation and solve problems for anyone who will own the two properties. Crosby noted, looking at page 2, the proposed percentage changes are a little different compared to what Mr. Nygard mentioned. For 1386, the proposed hardcover is 25.91%; for 1380, it is 28.43%. Mr. Nygard stated the numbers in the report are not accurate. He said he was not going to get a survey for what he was doing on the property because he did not have to until he decided he wanted to make additional changes. By the time he got the survey, he had removed the illegal hardcover. The survey that was submitted did not include the 270 square feet of hardcover that he removed from the property. He put together another document showing the actual hardcover numbers before and after. He stated he is a mechanical engineer and does this kind of work and is confident his numbers are accurate. Crosby said he wished Mr. Nygard had shared it with the City first. Mr. Nygard said he shared it several times. Barnhart stated the numbers on the second page of the memo were developed from the hardcover calculations in the survey provided by the surveyor as part of the original application. The original survey and hardcover calculations did not include the fence posts and other improvements shown. Crosby asked Mr. Nygard if he agreed with Barnhart's statement. Mr. Nygard said he agreed that the numbers came from the survey which did not include the illegal hardcover he had already removed. Barnhart clarified that the hardcover was already removed so it was not included in the survey. Crosby asked if the 25.91%and 28.43%numbers were accurate. Barnhart said those numbers reflect the hardcover calculations in the survey as it exists today. Mr.Nygard stated the other numbers are from the date he bought the property to today and the survey was taken after he removed some hardcover. In order for him to get the driveway done last year, he had to pull it out before the ground froze. He had City water coming into the driveway and had to solve that problem Page 7 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2020 6:00 o'clock p.m. right away. They did not get the house until September. He did not talk about changing the property line until later. He stated he did a review of approvals by the Council for variances in regards to lot width and side yard/rear yard setbacks. From what he found, the City tends to have a somewhat liberal policy of approving these if things seem appropriate. He is trying to say that, given the contours of the land, that is what they have. They have a house two doors down which is definitely going to change the character of the neighborhood, and that party was allowed two rear yard setbacks. He is asking to move the line to solve problems and put it where it should have been years ago. Mr. Kahler Nygard, 511 Mercy Drive, Fraser, Colorado, said he maintains the property in the summer. He stated where Mr. Nygard wants to put the property line is where the steepness starts to drop off and it makes perfect sense as far as maintaining the property. It is much safer to push a lawnmower up a hill than it is down a hill. He knows safety is part of the regulation that cities are afforded, and he asked the Council to take into consideration safety when figuring out the best way to maintain it, as far as 1380 or 1386. He said 1386 should be the property that maintains the steep part of the hill. Walsh noted both properties are over the hardcover so massaging one or the other does not make that big of a difference to him. As far as the boathouse, when someone is making a non-conforming use worse, he has a problem. Less than six feet is creating a bigger, long-term problem for anybody who is going to maintain the side of the boathouse, let alone the 1-2 feet that is being proposed. Six feet allows the owner to walk around the boathouse without any trespassing issues while maintaining it. Crosby asked if there would be a mowing safety issue by moving the line. Johnson said it comes down to the City Council's stance about lot line rearrangements. The area could be planted with things that don't require mowing. Many people in Orono have created solutions for difficult terrain; how people plant and maintain an area is a freedom they have. The Council has seen many times lawful, non-confirming issues such as recently when an Applicant wanted to move his boathouse on the other side of the property and the Council said no because it is a lawful, non-conformance currently and it has to stay there. He stated everyone should be treated equally. He is not aware of an instance where the Council, in regards to a lot line rearrangement, gave approval to make a situation non-conforming. If the Applicant wanted to remove part of the boathouse to make it conforming,that would be a different situation. He would not want to mess around with a boathouse; they are a real privilege to have and you cannot get another one. He would not support a lot line rearrangement that creates non-conformance. Crosby stated the only thing that would make it conforming would be to get rid of the boathouse. Walsh noted designing is not in the City's purview. Johnson indicated neither property meets the 25%hardcover, so working with somebody to move the boathouse, if it was not creating or maintaining a non-conformity, is a different issue. Walsh noted the Council is either approving or not approving the application in front of the Council. Seals moved, Crosby seconded, to deny LA20-000024 for 1380 Rest Point Road, Lot Area, Lot Width,Hardcover, and Side Yard Setback Variances.VOTE: Ayes 4,Nays 0. Page 8 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. 16. LA19-000050—PAUL VOGSTROM OB/O ERIC VOGSTROM,2710 PENCE LANE, VARIANCES -AMENDED RESOLUTION/EXHIBIT—RESOLUTION NO. 7110 Staff presented a summary of packet information. Walsh asked Staff, who viewed the area, if it seemed fine because from the explanation everything seemed like it made sense. Barnhart said it seemed to conform with the concerns raised during the public hearing. Staff has the benefit of the retaining walls being done, noting the contractor continued to work on the project against his advice. There is an after-the-fact penalty associated with that. From an impact standpoint to the lake, the structure is kind of embedded into the slope and is not a huge impact. Additionally, there will be more landscaping provided as part of their slope maintenance program. He displayed a photo which showed the retaining wall. He indicated the Applicant was not able to attend and that the matter could be tabled to the next meeting if the Council wanted to speak with the Applicant. Johnson stated it is annoying that the contractor/owner goes ahead and does the work anyway but did not see anything that the Council would not approve. The elevations dictated how the retaining wall was done. He asked if Engineering had looked at the plan. Barnhart said there was not a review completed. The primary reason for the change is the owner wanted to angle the stairs away from the tree at the top and protect the root structure. Johnson noted that happened a long time ago and they figured that out. Barnhart said he does not know when they figured it out but they started construction of the stairs about 1 '/2 weeks ago. Walsh asked if what they added/changed is the boulder walls behind the trees. Seals stated it was the height. Barnhart referenced the photo to show the area of the retaining wall that was not contemplated originally and also an area of the retaining wall that is higher than originally contemplated. Originally it was 1-2 'h feet and now it is about 1-4 '/z feet. Walsh asked if it is because the hill is that high. Barnhart indicated Walsh was correct. Johnson said everyone runs into issues like this and asked if this was an after-the-fact variance request. Barnhart clarified it is an after-the-fact modification request. The City approved the stairs; the City has not approved the modification to the stairs. There would be an adjustment to the stairs permit also. Johnson asked if the boulder-type retaining wall shown on the photo was not previously approved. Barnhart said the retaining wall in question is part of the new segment. Page 9 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. Johnson said he saw the yellow in the photo but thought that was relevant to height. Barnhart clarified that was for new segments. Crosby asked if there was a picture of what was originally approved. Barnhart, after the survey was displayed, indicated the survey was also in the packet on page 16. Seals stated it looks reasonable but it is annoying that the owner created this and feels like they have the only challenging property in Orono, and that the City Council comes upon a lot of challenging properties. Barnhart indicated the survey shown was the original approval for the stairs. Several Council Members commented that the new segment does not look that much different than the original proposal but that, instead of coming straight up, they went at an angle. Walsh noted the owners need to get down to the lake. The Council approved a way to get down to the lake. The owner changed the direction of part of the retaining wall. He asked what the real difference is that the City is getting upset about. Barnhart said when the Council approved the variance, they approved the plan on pages 16-17. What the owners have since done is different. The way Staff writes the resolution is that the Council is saying they approve a particular plan. If there is a modification, that is something the Council should approve. The stairs is a change, it is approvable, and once the permit is received, he will approve the changes. He does not see a huge issue other than the annoyance factor. The findings the Council made when the original approval was done still hold, and that is why he can support the modification to the plan. Walsh noted you need the most reasonably direct distance down. Because they are coming from the side, cutting sideways into the hill and coming down, they are going to have different boulder wall issues because they are cutting into the hill very differently. Johnson asked if the new plan increased hardcover. Barnhart said they have gotten revised hardcover calculations for this and the other projects the owner is proposing, and they are within the 25%. Crosby stated if it is something that the Council would have approved anyway, the Council will approve it. Walsh added the Council is not happy to be approving finished construction, basically. Crosby said the City should draw a hard line in the sand so the owner knows if they come to the City for something after the fact, even if the Council would have approved it, it's not going to be approved. Walsh brought up the boathouse which the Council made the owner deconstruct and said the stairway is different because, although they changed the angle, they are still allowed the most reasonable access to get down. The owner should have said something upfront. He stated this has been done multiple times. Johnson asked Staff if he told the owner to stop construction. Page 10 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. Barnhart clarified that he told them to not do anything they do not have a permit for. Walsh indicated Barnhart basically said that was a yes. Barnhart said he wanted to be careful because"stop work" is an order and he did not do that because they had permission to do work. Johnson noted that Staff gave the owner the appropriate advice, which is to not do any work they have not been approved to do. Barnhart agreed with Johnson. Johnson stated the owner did it anyway. Walsh said they could approve it but with a note-to-self that there may need to be more conversation about it. Johnson indicated there were 11 note-to-selfs on this one. Crosby stated there are two separate projects going and they cannot be confused. He does not know if there has been that many on this particular project. Walsh asked if this is the Dunkley property. Crosby clarified that this is the Vogstrom property and the two should not be put together because they are two different projects. He did not think there were that many passes on the Vogstrom property. Seals stated there have been enough. Crosby said he does not want the Council to stand on the hill to prove themselves right. The"I've got to be right"phrase does not do much for him. Seals stated if someone were to look at the amount of time Council and Staff spent on after-the-fact stuff on this property compared to other properties, it does not make sense. A lot of residents play by the rules and follow the letter of the law and find ways to accomplish projects without after-the-fact stuff. She said she would put money on the table that there will be another after-the-fact issue. Johnson stated that will happen particularly if there is not a consequence. Walsh noted with the stairs going down to the lake they might get a pass, but the City has to keep their eyes open in case there are different issues, not unlike the boathouse. Johnson asked if there were different fees for after-the-fact variances. Walsh said it was possibly double. Page 11 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13,2020 6:00 o'clock p.m. Johnson moved, Crosby seconded, to approve Resolution 7110, LA19-000050—Paul Vogstrom o/b/o Eric Vogstrom,2710 Pence Lane,Variances -Amended Resolution/Exhibit with a notation the Applicant also incur the maximum allowable after-the-fact variance expenses. VOTE: Ayes 4,Nays 0. 17. ALLOW A SECOND DOCK AT DOCK SITE A Staff presented a summary of packet information. Mr. Jon Eiss, 3445 Crystal Bay Road, thanked the Council for approving the docks. He said he wanted everyone to know he is not flouting the rules or disrespecting them. He truly believed the second boat was allowable and did not put the second boat in until he got approval from the Lake Minnetonka Watershed District(LMCD)that his dock configuration was allowable. He referred to an email from Barnhart which stated"If you can get something in writing from the LMCD that two boats are permitted, that will satisfy the city." He said he wrote an email to the LMCD asking if he could have the second boat and gave them a diagram of how the dock would be, and they responded, "After reviewing the matter described below, LMCD staff and legal counsel have determined that the LMCD will allow the dockage arrangement between the City of Orono and residents of Crystal Bay."He said when Barnhart came over and said he could not have the second boat, he took the boat out. There was a period of less than 48 hours that the boat was in when he knew it wasn't allowed. He believed he had done what was asked of him. Walsh apologized for the confusion and stated the City struggled to find a vehicle to get that because they wanted to solve the issues to begin with. It is an odd and unique situation there. The City is pretty clear saying that, regardless of what the LMCD says,the license is for one boat. Seals commented that the LMCD is not exactly her favorite organization and people should not trust what they say because they have been giving conflicting information for years about many topics such as Aquatic Invasive Species (AIS). She said she appreciated that once Mr. Eiss knew the second boat was not supposed to be there, he took it out. The license for one boat is somewhat of a gift because it was not always there. She thinks the Council should stick with the original plan which was enacted recently. She is comfortable and confident that one boat per dock is the appropriate way to go. If the Council wants to do something different down the road, she recommended pulling in Orono's LMCD rep. Crosby stated the Council is flexible and forward-thinking and came up with a way to allow the homeowners to have one boat and he does not see a reason to change that. Crosby moved, Seals seconded, to deny the request to Allow a Second Dock at Dock Site A. VOTE: Ayes 4,Nays 0. 18. LA19-000084—JULIE THOMETZ O/B/O 1350 BALDUR LLC,BALDUR PARK ROAD, SKETCH PLAN Staff presented a summary of packet information. Johnson asked for the aerial photo to be displayed and noted there was some information included about four docks and also docks out at the point. He asked Rief to display the different years available for the aerial photo. He also asked if any of the Council Members received an email about the docks. Page 12 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. Walsh stated he did not recall. He noted there are four docks in the area where the one dock is visible, having just been in the area around the 4th of July. Johnson asked if the shed has always been there. He said someone called in about the docks and said they were being rented and was questioning the shed. He indicated everyone received an email the previous day titled"Comments on sketch plan,"although Staff was not included on it. Walsh and Crosby stated their email did not download. Johnson said they could ask the Applicant about that. He asked where the cul-de-sac was on the photo being displayed. Staff indicated the area of the cul-de-sac on the displayed photo. Crosby asked where the proposed house would be. Rief indicated the areas where the two houses would be on the displayed photo. Johnson said that was all he needed because he was at the property earlier and was not sure where they were talking about. Mr. Frederick Puzak, 1340 Baldur Park Road, a resident for 27 years, said the question is, what to do with an acre of land. Lots 21-27, which has a cabin built in 1900 that would be removed, contain over an acre of land above the 929.4 ordinary high-water level. Less than 5%of the land is wetland. The proposal provides for two building sites on an acre of land in the spirit of the Y2-acre zoning. They put in a large cul-de-sac in order to make Staff happy which takes up some of the lot area.Because the topography rises as it goes to the northwest, the cul-de-sac has to be kept on Lot 27 because it cannot be built on a slope. Otherwise, access to the higher ground will be too steep. The architect, Gronberg, has two possible well- spaced home sites with over 100 feet between them and the neighbor to the east. The original builder was looking for more density. Per recommendation by the Council/Planning Commission, the density has been reduced to two dwelling units per acre, though some of it is cul-de-sac. He has not spoken to anyone in the neighborhood who is in favor of the cul-de-sac. If that is what City Staff wants, that is what is being proposed. He does not want it to look like Bloomington or Brooklyn Park,this is Baldur Park,but that is the compromise he is making to try to make a long-needed terminus to Baldur Park Road and to put some lots on underutilized land that were platted 120 years ago for cabins. He said many of the lots to the east on Baldur Park Road are 50-foot lots and in a floodplain. There is some floodplain on the property but it is not wetland. It has been professionally delineated, and the delineation shows that less than 5%of the property is wetland. He tried to make compromises and keep everybody happy and thinks Mr. Gronberg has come up with a very viable, creative solution. He is hoping the Council finds it merits approval. Johnson asked if there were two sets of docks. Mr. Puzak said there are docks at the cabin. There are also docks associated with the house farther up the hill. They are both accessory uses to the existing structure on Lot 25. The docks will go away if the proposal is approved. Walsh asked if Mr. Puzak was renting the docks. Page 13 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. Mr. Puzak said he was not. Over the years the cabin property has been rented recreationally and people have used the cabin and docks. Johnson asked if there was a boat fire at the location. Mr. Puzak agreed that there was. He said he hoped they could address the issue of the extension of the road and the lot combination, not the docks. Walsh noted curiosity killed the cat because there are so many docks there and there was a legal renter who burned down his boat out there. Mr. Puzak said he is allowed four boats per structure. Johnson stated the Council received feedback from people on Baldur Park that would like to see a cul-de- sac on the road. Mr. Puzak said the people he has talked to are more interested in a hammerhead turnaround which does not require 1/4 acre of pavement. The proposal presented includes the cul-de-sac. Rief commented that Edwards stated it is a difficult road to plow because there is nowhere for the truck to go when it gets to the end. Walsh stated it would be hard for deliveries and everyone else, too. With a cul-de-sac, they are solving more problems than creating them. Johnson asked if there was a conversation at one time to have the cul-de-sac at the beginning instead. Mr. Puzak said at the time it would not fit because they were demanding a 100-foot radius. Seals commented that it made the most sense for it to be at that location. Johnson noted it is an awesome lot with water on both sides of the property. It is hard to believe that houses could fit in there; it is harder to believe that people would drive past these two houses and go to the cul-de-sac. The road is on the water. Crosby said he would be worried about the elevation because of the history of flooding, et cetera. Mr. Puzak stated the driveway did not flood in 2014, although the rest of Badur Park Road flooded. Council Members agreed that was a good test. Crosby asked whether the end of the property had enough elevation not to flood. Mr. Puzak stated the whole thing was dry. Walsh said the biggest issue to talk about is subdividing and having lots that are non-conforming. The Council has never done that,they don't do that, and there are many people in Crystal Bay that want to subdivide but it's not allowed. If the Council would start making non-conforming lots, there are density Page 14 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. issues to deal with. There can be one house at the location but it is human nature to develop as much as possible. He noted this is 1/2 acre, which is the smallest zoning. Mr. Puzak stated the seven lots total over an acre of land. Walsh stated that people have to be able to get to it. Mr. Puzak said they are providing a 20-foot fire lane with 18 feet of pavement which exceeds the width of the current Baldur Point Road. He noted the last third of the road narrows to less than 12 feet. Walsh said the City is obviously not going to create even worse problems down the road. The Council has been flexible on the road part, but even though there may be an acre of land, there still has to be a road and that is the issue. Mr.Puzak stated Mr. Gronberg considered that in his calculations and designed the building sites to contain 2/3 of the required'/2 acre to meet the 66%for lot combinations pursuant to Rule 78. He said Mr. Gronberg did a good job of delineating two nice building sites that are well-spaced. This is not packing homes in a tight area where they are 15 feet apart from each other. Walsh noted that the problem is that it still gets to be more dense than what it is programmed to be. That is an issue that Orono has been pretty tough on. He said the previous applications showed that the City does not approve something that will make it more non-conforming and the proposal would create non- conforming lots. Mr. Puzak said they meet the 66%rule and they eliminate the current non-conforming structure and provide the City with a much-wanted cul-de-sac. That is why he is asking the Council to consider the merits and the positive aspects of what it provides. He noted the lots are 50% larger than the one building site on Baldur Park Road. Walsh stated it is not a hardship or a practical difficulty to approve a non-conforming lot because other lots are smaller. Mr. Puzak said they exceed by 50%the other building sites. Walsh said he can go to Crystal Bay where someone has a three-acre site and everybody else has quarter acres. The owner of the three acres would say that,to be in conformance, she could have nine '/3-acre or twelve 'A-acre sites; but it is still a two-acre zone. They are stuck with two-acre zones. He noted density is a big issue in Orono. Mr. Puzak said he understands the two-acre zoning, but in this case,they are dealing with lot combinations, not subdivisions, and there are specific rules and regulations regarding lot combinations. They tried to create the proposal in conformance with the regulations. Walsh stated he is not sure how that refers to forcing the Council to approve a non-conforming lot versus the Council saying if he wanted to make one house there, he'd be fine. An unidentified individual said it conforms to the 66%. Walsh said he is not sure what that exactly means. Page 15 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. Mattick stated that although it has been a while since he looked at the information, he believes the 66% rule applies to existing lots, not necessarily the creation of new lots. An unidentified individual said they are existing lots. Mr. Puzak stated it does address lot combinations and gives some leeway to possibilities. Mattick said Staff could dig into the details. Traditionally on a sketch plan the question is, do you like it or not, and then give feedback. Walsh stated if there is an exception to a rule he is not familiar with, he would be more than happy to listen to what it is. He suggested tabling the matter and having the Applicant come back in a couple weeks so there is more information. It is a no-go for him to approve a substandard lot. If there is an exception that says there's a different rule that applies, he is willing to hear what it is. Mr. Puzak asked if the Council would consider a hammerhead turnaround instead of a cul-de-sac. Johnson noted everyone wants to go to the hammerhead. Walsh said if a school bus, garbage truck, or fire truck is on the road,they can't turn around and would be backing up in the lake. If it is going to be done, it will be done right. They can look at a hammerhead as a possibility, but those are the things that get weighed. Mr. Puzak stated they originally put forth drawings with a 40-foot radius and 50-foot turning which accommodates the largest fire trucks and it takes up about half as much hardcover. Walsh said he would defer to Staff and the Fire Department to say if that works or does not work because he is not going to design the road. In a perfect world,the Council wants to have the full standard if possible. When things are a little tighter like in this situation,the question is what makes sense. Johnson noted that this is just a sketch plan review. Mr. Puzak said this is their best shot after over a year of working back and forth with everyone. It is a very reasonable proposal and it is half full; it provides two home sites on an acre of land and a cul-de-sac, which he thinks is a win-win for everyone. Seals noted she forwarded the resident email to Barnhart, adding that what resonated with her is that at first glance there is an acre and it makes sense, but is there an acre of buildable dry land. From what she could tell,there is not. Johnson said he has learned there are a lot of different people with similar arguments in different parts of town and he thinks everyone on the Council tries to apply it equally. If the Council starts doing non- conforming lots in the City, he would like advance notice because he will buy up some land. He agreed the plan drawn up by Gronberg is good. The question is, is it passable. He thinks it will be difficult to get it passed. The only potential way would be if there is some benefit to the public good with the cul-de-sac. He will listen to a good argument about how it may help Public Works. Page 16 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13,2020 6:00 o'clock p.m. Council Members agreed that it comes down to the dry buildable land no matter how many acres a parcel is. Walsh stated Mattick could look into the rule,there can be an understanding of what it means or doesn't mean in relationship to what the Applicant is trying to do, and the Council could hear the feedback. Mr. Puzak said he wanted to point out that not all floodplain is wetland and the wetland has been delineated and should be considered as part of the dry buildable. People build in wetlands all around the country; they just elevate. Walsh stated the Council will not start changing the rules of what they believe the wetlands are. They have a specific rule of how it is delineated is how it will factor into the dry buildable. The Council will follow the same rule for everyone. Mr. Puzak said he thought the Council needed to look at the fact that not all floodplain is wet and they are really taking private property when they do that if they are not giving people credit for it. Walsh noted the City Council is not defining floodplain, the Corps of Engineers does that. Mr. Puzak stated that Orono is one of the few communities that does not recognize it as contributing to the total lot area. Walsh noted that is what is so great about the community. He asked Mr. Puzak to discuss it with Mattick. Mattick said the rule has been if there is a single lot and it meets the 66%requirement, then you get to build on it. If you have contiguous lots and it does not meet the 66%, you are expected to combine the lots until you get to conforming. In this instance, conforming would be 1/2 acre, not something short of that. Walsh asked Mattick to review the rule and let everyone know what it says. If Mattick confirms his previous statement, the Applicant will need''/2 acre of dry buildable unless there is a different conversation of the public benefit of having a cul-de-sac. He suggested that if the Applicant wanted to come back, he could do so in the next two or four weeks. CITY ADMINISTRATOR REPORT 19. CONSULTING ENGINEER RFP Rief stated that last year the Council went through the RFP for the attorney and the auditors. As part of the adopted schedule, it is time for the engineering firm RFP. He attached in the packet a revised copy of what Edwards and he developed to solicit RFPs for engineering firms. He is asking for the City Council's approval of the RFP so they can start advertising. Walsh said many years ago he wanted to make sure all of the different expertises that the City has goes out for bid every five years. He was asked if that should even apply for legal services, and he responded that no matter how much the City likes someone,they have to go through the process like they said they would for transparency, et cetera. He noted they went through this process 8-10 years ago because they were using the same engineering company for a long time without ever looking at prices, and the City ended up cutting engineering consulting prices in half. Page 17 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13, 2020 6:00 o'clock p.m. Rief said the engineering firm was used for about 20 years. He indicated Bolton&Menk has been used since 2012 so it has been a little longer, but they adopted a schedule so they are not doing all the RFPs in the same year. Johnson moved, Crosby seconded, to approve the Consulting Engineer RFP.VOTE: Ayes 4,Nays 0. CITY ATTORNEY REPORT None. MAYOR/COUNCIL REPORT Seals said the Rowing Club has come up several times with passionate people on both sides of the issue. She signed up for one of their classes to check out the situation. She stated that while Birch's has been gracious to let the Rowing Club be there, it is not a good location. Rowers are navigating through trees with boats. She thinks the Rowing Club is a huge benefit to Long Lake and the Council should figure out something at Summit Beach. She does not think the rowers are wreaking havoc on the lake. She said the wakesetter boat going by at about 50 MPH was annoying, although they have the right to be there, too. Walsh and Rief noted they were on the last Council agenda and requested to be pulled off. Seals reported it was a peaceful experience for her. Rief said he goes to Nelson Park or Summit Beach for lunch and there is hardly anyone out there. Seals agreed and wondered if people just don't want change. She indicated she would like to figure out a way to partner with them. Walsh stated that at the work session they said they support it and need the Rowing Club to figure out some changes and tweaks with the building and then come back to the Council. Rief said he expects it to come back in front of the Council. Johnson said he is supportive of public-private partnerships such as soccer, hockey, and noted that all the parks could be improved with the partnerships. Walsh said the partnerships are great partnerships for the local sports teams so everything can be done within the community. Crosby asked everyone to keep informing people about why the water bills are increasing. He gave a shout-out to the Orono Police regarding an incident he was involved in. He said the City of Orono supports their Police Department and he will shout that from the rooftops. He suggested people be more vigilant in their neighborhoods because of the unrest in the Cities and to report anything suspect. Johnson noted Olson gave good reports in Rief's absence. As far as the time-of-sale inspection, there was a provision that indicated if there was a reason for an extension to the normal timeline,that it has to go to Council. He said that request should go to the City Engineer. Page 18 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 13,2020 6:00 o'clock p.m. Johnson moved, Seals seconded, to modify the language of Ordinance No. 247,Third Series so that the City Administrator and/or designee can make the decision to extend the normal timeline unless they do not feel comfortable. VOTE: Ayes 4,Nays 0. Johnson moved, Seals seconded, that when the City Council has items from citizens that have involvement from the LMCD, the representative be included in that communication. VOTE: Ayes 4,Nays 0. Seals said a few residents asked what the City is doing with the Police Department and not only did they share support but they encouraged the City to hire more officers. They also wanted to make sure they were not being pulled from the schools. Council Members discussed that there is a resolution in place and how important it is to support the Police Department. Seals noted on the Consent Agenda there was a donation from Schena Joswiak and Anita Litechky which was a donation to the Police Department thanking them for their work. Rief said the Police call numbers are down but the calls the City gets are significant. The Fire Department is also down on calls, but they feel people are being a little more discreet on what they are calling about. When they do call, it is significant. There have been two COVID exposures, but one was involving an officer who had no contact with other staff. He said people are catching it in the community and come to work and then have symptoms. There was also concern about some information put out in the newsletter, and he will put out a correction on the digital copy. Walsh stated he was very glad Claire Berrett came because he heard from a lot of moms how thrilled they were with the Police Department and Staff to be able to have their kids have a graduation and parade. He gave a shout-out to the Police and Fire Departments for 4th of July. Normally there is a lot of crazy stuff going on, and it was a nothingburger. He said there were at least 15 fire displays over the trees, more than he's ever seen, and it was an amazing 4th of July. Rief said he had a similar experience in Nebraska. Walsh thanked Richie Anderson, LMCD rep, for staying on top of everything at the LMCD and making sure it is moving as smoothly as possible. ADJOURNMENT Crosby moved, Seals seconded, to adjourn the Orono City Council meeting at 8:01 p.m. VOTE: Ayes 4,Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 19 of 19