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HomeMy WebLinkAbout08-09-2021 City Council Minutes MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 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 Matt Johnson,Aaron Printup,Richard F.Crosby III; City Council Member Victoria Seals was absent. Representing Staff were City Attorney Soren Mattick, City Administrator/Engineer Adam Edwards,Public Works Superintendent David Goman,Finance Director Ron Olson,Community Development Director Jeremy Barnhart,and City Planner Melanie Curtis. 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 JULY 26,2021 2. COUNCIL WORK SESSION MINUTES OF JULY 26,2021 3. CLAIMS/BILLS 4. APPROVAL OF PARK GUN CLUB ANNUAL PERMIT 5. APPROVAL OF RENTAL LICENSE 6. PUBLIC WORKS FACILITY UTILITY AWARD 7. APPOINTMENT OF PUBLIC WORKS MAINTENANCE WORKER 8. APPROVAL TO PURCHASE TRUCK AND COMPONENTS 9. EAST LONG LAKE TRAIL PROJECT(20-029)—PAY REQUEST NO.4—FINAL 10. LA21-000045—REVISION LLC,4535 NORTH SHORE DRIVE,VARIANCE— RESOLUTION NO.7209 11. LA21-000042—MOHEGAN HANSEN ARCH O/B/O CBS MN PROPERTIES,LLC,2060 WAYZATA BLVD WEST,MASTER DEVELOPMENT PLAN APPROVAL,ZONE CHANGE,AND PRELIMINARY PLAT—RESOLUTION NO. 7207 This item was removed from the Consent Agenda. 12. LA21-000040—CITY OF ORONO TEXT AMENDMENT RELATED TO DOCK LICENSING—SUMMARY ORDINANCE NO. 260,THIRD SERIES. 13. LA21-000046—CITY OF ORONO,COMPREHENSIVE PLAN AMENDMENT#6— RESOLUTION NO.7210 Crosby would like to pull Consent Agenda item 11 for discussion per Johnson's recommendation. Crosby moved,Printup seconded,to approve the Consent Agenda as amended.VOTE: Ayes 4, Nays 0. Page 1 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. PUBLIC COMMENTS Laureen Darling, 1719 Fagerness Point Road,has lived in Orono for over 42 years, she loves the City and her neighbors. However, over the past two months there has been a parking problem on Fagerness Point Road of which she has pictures. There is a parade of cars that are overnight, a front-end loader parked there for three days and nights, cars and trucks,and she has a hard time getting out of her driveway. She noted someone hit one of the cars that used Ms.Darling's driveway as a turn and there is glass all over and police were called. Ms. Darling believes there are two houses that are responsible for the parking issue. People are also using the corner by the stop sign as a drop off for their junk,there was a king-size mattress which made it difficult to see traffic coming. They also turned that area into large mud holes and said it is not a good first impression when friends come over to see the large parking lot and dumpster,as well as the mud holes. She is asking if something can be done such as no parking signs,and perhaps the City can fix up those pot holes across the street. Mayor Crosby asked Ms.Darling to introduce herself to D.J. Goman,the Public Works Superintendent, and he can talk to her about some of these things. FINANCE DIRECTOR REPORT Finance Director Olson gave an update and noted they spoke a lot about budget at the work session and he does not have anything additional to report. COMMUNITY DEVELOPMENT REPORT 11. LA21-000042—MOHEGAN HANSEN ARCH OB/O CBS MN PROPERTIES,LLC,2060 WAYZATA BLVD WEST,MASTER DEVELOPMENT PLAN APPROVAL,ZONE CHANGE,AND PRELIMINARY PLAT—RESOLUTION NO. 7207 Barnhart said at the last City Council meeting, Staff was directed to draft a resolution of approval establishing a specific elevation for the building height elevation calculation. This project was the original site of an office/townhome development and the Applicant proposed using the grades prior to that project being graded in 2006.He put together an exhibit and showed it on screen demonstrating highest existing grades on the site. He walked the Council through previous calculations versus current,mass impacts,and the direction from the Council on using the highest existing grade of 1,024 prior to the development.He is looking for direction and whether the Council would like any changes. Johnson asked for this to be removed as he was not at the previous Council meeting.He clarified the highest existing grade is 1,018 and the lowest is 1,002 and they would add 10 feet to that which is 1,012. By strict interpretation of the Code, 1,012 is the number for this project,but the Staff's recommendation was to use 6 feet higher than that to work with the application based on the overall length of the building over the grade level.The Code reads 1,012, Staff proposed an exception of 1,018 and he noted the additional fact that this is to be a pitched roof and they agreed to use a flat roof.To Johnson,using the existing highest grade of 1,018 is a more reasonable response to the application.Using the pre- development numbers, it concerns him that they would be setting precedent.Johnson proposes that they change the application to be approved with the other Staff recommendations and an elevation of 1,018 versus the 1,022 that was approved. Page 2 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. 11. LA21-000042—MOHEGAN HANSEN ARCH O/B/O CBS MN PROPERTIES,LLC,2060 WAYZATA BLVD WEST,MASTER DEVELOPMENT PLAN APPROVAL,ZONE CHANGE,AND PRELIMINARY PLAT—RESOLUTION NO. 7207—Continued Mayor Walsh finds this as a unique example that this site was graded for a project that never happened. It did not seem too much of a stretch to say"this was the hill that was there"and he does not think many will come forward in a similar situation. He thinks they discussed it pretty well and that is why they moved it forward. The Applicant noted on the exhibit where the ground is curving down,the previous developer cut over 12 feet of grade out of that bottom side;therefore the 1,024 carried out throughout the site, it was not a drop as shown on screen. The previous applicant had dug this out for a walkout situation and the current Applicant is not using this for a walkout but are filling it so it is level with the first floor.He noted the pre-development highest point was 1,026 and they used 1,024 as an average. Printup hoped to make it clear that they would not set precedent and would not be looking back 50 years as to what the terrain"used to be"in future decisions. Crosby noted it is a special circumstance. Printup moved,Crosby seconded,to approve LA21-000042,2060 Wayzata Blvd West,Master Development Plan Approval,Zone Change,and Preliminary Plat—Resolution No.7207 as submitted.VOTE: Ayes 3(Crosby,Printup,Walsh),Nays 1 (Johnson). 14. LA21-000029—ROBERT ERICKSON,365 WESTLAKE ROAD., STREET VACATION— RESOLUTION NO.7211 Robert Erickson,Applicant,was present. Staff presented a summary packet of information.Barnhart noted Mr. Erickson is requesting to vacate a portion of Westlake Street adjacent to his property. Originally the request included a proposal to vacate a portion of an alley but that request was removed. In exchange for the vacation Mr.Erickson proposes to plat the remainder of the partial cul-de-sac,provide a drainage and utilities easement for existing public utilities in the area,and provide a$100,000 cash donation to the City. In review of this,the City received a number of comments,generally in support of the vacation,however many of these individuals did not support Staff's recommendation of a pedestrian access to the lake. Staff suggests with the vacation there be a pedestrian access to the lake in the future. During the public hearing at the Planning Commission one resident spoke in opposition of the vacation request as proposed. Staff is supporting the vacation because they believe the public interest can be maintained with the easements for the drainage and utility with the pedestrian access to the lake. It also provides the City an opportunity to complete the cul-de-sac on Westlake.The Planning Commission did not support the vacation because they had some challenges with the improvement costs to the cul-de-sac and whether that$100,000 would support that type of improvement. Mr.Erickson stated this application brings with it by far the most generous proposal for a fire lane vacation that the City has received.In addition to the$100,000 cash donation,he is offering land for the cul-de-sac valued at$44,000 based on the 4%of the current parcel value,plus an additional piece of land at 341 Westlake Street 10 feet by 150 feet for additional road width valued at$9,000 for a total value of Page 3 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. 14. LA21-000029—ROBERT ERICKSON,365 WESTLAKE ROAD., STREET VACATION— RESOLUTION NO.7211—Continued $153,000. He showed a photo on screen of cattails 8 feet high and noted the access has not been used in the 18 years he has lived there because it is unusable.The water depth in the area is in inches and the bottom consists of silt and muck, and the vegetation is too dense for any human activity.Mr.Erickson said the best thing they can do for this neighborhood is to accept the donation and the land so that neighbors can benefit from an appropriate terminal for the safe and convenient reversal of traffic.At the same time, Orono residents can enjoy lake access improvement in a more appropriate location.To accomplish this, item#4 in the findings of fact for the approval of the vacation needs to be deleted. It states that Mr. Erickson approves of a 20-foot right-of-way to the lake for public access;he stated he has never approved of that and it is not a fact.In its place,Mr.Erickson suggests language such as:the Applicant agrees to provide the east ten feet of lots 4, 5,and 6(Block 2,Hillside Park)as a boulevard reserve. Jim White,3516 Ivy Place,said there is no public purpose here,this is simply a land sale creating another lakeshore lot. Second,the DNR has review of this for a reason. When this law was passed in the late 1960's and early 1970's it was because City Councils all over Minnesota were giving insiders public property—specifically lakeshore—all over the State.He noted people would be on the City Council one day,the Planning Commission the next,and all of a sudden"Bill had a deal with his pal."He noted some were contributors, some were neighbors,and some were relatives,so the State changed the rules about that.He stated when these things are done,they must be for a very specific and important reason.Mr. White noted they have about 33 of these in Orono and if they start getting tipped over,what will happen to all the public accesses,and is there a real public purpose here?He said those are ethical issues,and all of that land is entirely wetland which is not to be disturbed without a good purpose. Mr. White has watched people dredge swamps and the lake quality falls apart; he stated no one has a clue as to what this development will be, and one does not get rid of or tear off a piece of the property before they know the whole picture. This property is large enough that one ought to know that first and if one does not,then their standards are too low.He said when these things change,they change for everyone for a long time and the public purpose has to be"sold"first.He believes this will come back to bite them and told the City Council to be careful. Mayor Walsh asked Mr. White if he is trying to sell Mr.Erickson any land to get his support.In other words,is he trying to sell Mr. Erickson any land and then he would support it. Mr. White replied there is no land sale on his side of it. Gabriel Jabbour,985 Tonkawa Road,wants to give some background.Mr.Erickson hired Len Levine who is a former DOT Commissioner to change the highway to benefit him,and he went to Washington D.C. and got Mr. Oberstar to try to interfere with MnDOT.Mr.Jabbour met with Mr.Erickson at that time and told him that he is really holding 125 families hostage until they determine where the corridor is and neither Orono or Long Lake was interested in his proposal. Mayor Walsh asked what that has to do with anything as it seems like hearsay. Mr.Jabbour replied records would show Mr.Erickson was the first to testify in public comments. Mr. Jabbour asked to finish without interruption and noted he met with Mr. Erickson who made a proposal that he would withdraw all of his objections if they vacate that. He said that is not hearsay, it is a fact,and Page 4 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. 14. LA21-000029—ROBERT ERICKSON,365 WESTLAKE ROAD., STREET VACATION— RESOLUTION NO. 7211—Continued Mr.Jabbour told him that would not happen. Life went on,and Mr.Jabbour noted he and Mayor Walsh locked horns badly and subsequently tried to figure out in their own way to do good for the City.Mr. Jabbour said Mr.Erickson was an only donor to Mayor Walsh in 2016.Mr.Jabbour is not accusing Mayor Walsh of any wrongdoing,as the Mayor was kind enough to decide to run his campaign at his own expense. Secondly,Mr. Erickson had himself appointed on the Comprehensive Plan Committee and for the first year in 50+years the group decided to strike the language prohibiting vacating any of those parcels of land.Mr.Jabbour said before that, in October 2014,Mr.Erickson reached out to him through Attorney Peter Johnson to have a meeting about Mr.Erickson buying a piece of land from Mr.Jabbour or to have a way to facilitate this vacation.Mr.Jabbour dodged Mr. Erickson because he was taking boats out and said he would do it in December.At that time,Mr.Jabbour decided not to do it.He called Peter Johnson earlier today and asked if he recalled any conversation about selling land and Mr. Johnson replied he could not see Mr.Jabbour selling the land as that is not his theory of public purpose.Mr. Jabbour noted he spent 7-figures on City issues and he does not have to hustle a guy for$2.50.He noted he has never in the last 25 years sold any land besides Big Island. He thinks the City Council should think twice about who is selling land to Mr. Erickson.Mr.Jabbour does not appreciate Mr. Erickson's standards of morality to be broadcast on Mr.Jabbour as he is different,unique, and unusual. Regarding the application,he asked the City Council to remember the first thing on the agenda was to sell Big Island and second was to get rid of the docks. Today,this City Council embraces Big Island, invests in Big Island,asks the Senator to bring State money to Big Island,and Mr.Jabbour helped and is helping today. Things change and cities should think 5 years, 20, 50,and 100 years—when he testified in front of the legislators to preserve some land,Big Island,Maxwell Bay,Gray's Bay,he physically got money and did those projects and told them if they are not careful,the only way they would see Lake Minnetonka is through the historical society and in the theater. Passive enjoyment of the lake is profoundly important and it is going to get to the point that they have such dense houses that people have to drive miles to be able to see it.Is Mr.Jabbour selling land to Mr.Erickson?No. Mr.Jabbour bought that land to help the City and there was a person who spent 5-10 years giving a hard time to his girlfriend and they can ask Bruce Anderson who was there at the time—Mr.Jabbour bought him out,bought his boat,helped the City get out of the mess they were in for the noise from Fletcher's and Mr.Jabbour still owns the land and never thought about selling it.He tried to use it as a safe crossing for snowmobiling in that channel and the City has an appellate court order on it not to have docks. If the City would change its mind,that land would be full of docks.How can Mr.Jabbour convince the City Council that he is not prostitute towards financial gain? Mayor Walsh replied besides the innuendo and hyperbole,he has not heard a lot of things about why this application is a problem for Mr. Jabbour.Mr. Jabbour is correct that when the Comprehensive Plan came up, Mr. Erickson was one of a number of people on the Committee because they wanted people who understood all of the language and how the process works.Basically,the City took everyone as they wanted everyone to have eyes on it. Years ago, one thing that was very frustrating was when the Comp Plan said one could not do anything even though for 150 years around Orono there are weird little roads, dead ends, and platted subdivisions in the middle of lakes;they changed that specifically so they could look at each individual issue that comes up on its own merit. It is interesting to hear for this one today, and noted the City has probably done 6 of these in the past 12 months so Mr.Jabbour has obviously missed the other 6 but were all evaluated on their own merits—some of them worked and some did not. Everyone at least has the opportunity to come and ask to see if it makes sense.He thinks the City Council is pretty thoughtful on how they judge that and noted they are no just looking to get rid of land but if they Page 5 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. 14. LA21-000029—ROBERT ERICKSON,365 WESTLAKE ROAD., STREET VACATION— RESOLUTION NO.7211—Continued have a whole bunch of accesses and it doesn't make sense and they can do public benefit by making things better,that is what their role is. Mr.Jabbour begged the Mayor to consider that they do not know what the future holds. They had phenomenal brand recognition called Orono and had people donating. Mayor Walsh noted people are knocking the City's doors down to get into Orono right now and that has not changed. Mr.Jabbour noted they have donated land to the City—the former Governor's father donated 350 acres, Lurton did that, it is a one-way vault to the City not out of the City. It also hurts to see,and critical of Staff,he does not see any mention of the comment of the DNR in the Resolution. He noted there are three ex-mayors here having a hard time with this and the person who spoke at the Planning Commission meeting was the Chair of the Watershed District.He stated they need to believe that these people are motivated by what is good for the greater community and it is not about trying to buy or sell land from Mr.Erickson. He noted this was brought to his attention by Mr. White after the Planning Commission meeting or Mr.Jabbour would probably have never thought of it.He really thinks that Mr. Erickson has not been helpful to the cause of Orono but has held selfish interests that have hurt a lot of people. Mayor Walsh noted that is still hyperbole and does not have anything to do with the actual subject at hand. Mr.Jabbour apologized and stated perhaps he drifted a bit. However,projecting gain on Mr.Jabbour is not helpful. Mayor Walsh likes to know the facts and the agendas going on behind-the-scenes. Mr.Jabbour replied the agenda is preservation of public land and allowing the great-great-grandchildren to see the lake and use the lake. Mayor Walsh thinks they all agree with that same sentiment but they are looking to clean things up when it makes sense to do so. Mr.Jabbour noted they built a great City and Mayor Walsh is riding on the wave that was made. He is asking the City Council to rise to the occasion and really let it go and change the Comprehensive Plan back to what it was because he said it will become a campaign issue. Mayor Walsh replied that is fine and telling people they cannot do anything is not appropriate. Mr.Jabbour stated a ten-degree correction in mid-course is always important. Mayor Walsh stated it is a two-way street. Linda Thrasher, 356 Westlake Street,commented that she has lived in the area for 9 years and has never once seen anyone trying to enter the lake,noting the City Council saw the photo and suggested leaving it Page 6 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. 14. LA21-000029—ROBERT ERICKSON,365 WESTLAKE ROAD., STREET VACATION— RESOLUTION NO.7211—Continued as it is. She is completely supportive of what Mr. Erickson is trying to do as it will actually beautify the street as it is ugly and a mess right now. Secondly,Ms.Thrasher said as changes happen to everyone's neighborhoods,they are hampered by dozens of delivery vehicles and her yard is unfortunately the turnaround yard,therefore lights are broken, landscaping is ruined,and she would love to see a solution that benefits all of them. If Mr.Erickson takes care of this area much like he has his current property,Mr. Thrasher can assure the City Council it will be gorgeous. Wade Kram,340 Westlake Street,said he and his wife have been there 5-6 years and have 3 small children. If one starts putting public access in there,they may get pathways into there and noted one cannot really get in there as it is.He asked if the City will go in and cut down the vegetation...if they don't put the public access then it stays beautiful and getting rid of the black top and putting a nice cul-de- sac helps beautify that street. Mr.Kram noted it is a tiny little street and to put another public access when there is one around the corner,one on North Arm,one on Maxwell Bay; it does not seem to make sense to him. Crosby asked to go back to the map to see the closest public access. Barnhart showed the public accesses on screen and pointed out the subject property as number 14.He noted the one right around the block is noted as no public access in the Comp Plan. It was identified during the Planning Commission meeting that while there are 5 accesses on Stubbs Bay,one is winter only and two are no public access so it is not as wide-open as one might expect. Printup said when fire lanes and public accesses come up,he always says he does not want to give away any City land and he has maintained that. However,sometimes it does make sense and there have been a couple before the City Council.Regarding this one,Printup does not like giving up the fire lanes or the City property,but this is one of those unique ones. Crosby stated visiting the property in person gives a very different perspective:this is an area that, although it might be called a public access,no one has been accessing this whatsoever. Similar to Crystal Bay Road,this is cleaning up areas and to Crosby this is an area that needs to be cleaned up.There is no proper turnaround for emergency vehicles at the end of the street, it would help the neighborhood overall, and Crosby thinks it is a big improvement. Mayor Walsh noted part of the reason they look at these is to see if it makes the streets safer and better for the public good and he said Mr.Erickson would be donating land and money and the City can take that money and do a whole bunch of greater public good in access points on the lake,working with the Parks Commission.He can see it going both ways but, in the end,there are more positives in cleaning it up because there are two accesses around the corner already. Printup is the only one on the City Council that does not live on the lake and he wants to be able to go ice fishing on the lake and the access has never been identified by anyone he knows. Johnson said similar to the Forest Bay vacation,he was not in favor of doing that but it was on a cliff and no one could use it; if they received donations,they could use those to better utilize some of the existing accesses.He would like the City to do a better job with the ones they can create access to.He is not a Page 7 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. 14. LA21-000029—ROBERT ERICKSON,365 WESTLAKE ROAD., STREET VACATION— RESOLUTION NO.7211—Continued proponent of vacating usable accesses and had a couple questions. What role does the DNR play in vacations. Barnhart noted the City is required to give them 60 days to provide a comment and then they provide a recommendation which is included in the packet. He has not seen one where the DNR supports a vacation. Johnson stated regarding the statement that one should know what the whole plan is,that is a good question and they can ask Mr.Erickson what the plan is.Another comment was that no one uses it and therefore no one will ever use it—he cannot agree with that. Rob Howells, 1423 Park Drive,asked to speak on the vacation on Forest Lake and wants the City to be aware that after they vacated it,there was a boat fire of a 25-foot Chris-Craft that went up in flames and it took at least 15 minutes for anyone to get there. He noted the guy had to jump off the boat and fortunately there was another boater that picked him up out of the cold water(in the spring). For a Sherriff to get there from Spring Park Bay, it will take at least 15 minutes;Forest Lake has no emergency access at all. He has spoken with Barnhart and there are a couple identified but there is not any access to Forest Lake Bay. He noted Johnson said to sell it for$30,000 and if Mr.Erickson wants to sell it for$100,000,what will they do going forward,have a bidding war?The next person will say$150,000...but he asked Attorney Mattick what is the cost of the lawsuit when no one can come down to help someone that has had an accident. Attorney Mattick is not aware of a City being sued for lack of public access. Mr.Howells is saying they will be because now there is no public access to Forest Lake Bay. Attorney Mattick replied to be candid,how are people accessing through that wetland right now?Part of the analysis would be whether they are really giving up an access point for a boat there.He understands that debate and clarified what the Statute says about vacating properties is that they find that there is no interest of the public in that property and they can fairly look at how it has historically been used,any future plans, or any existing needs they may have. Would the Sherriff's department be able to use the existing access point—Attorney Mattick does not know that this is apples-to-apples—he does not know the answer to that. Mr. Howells said in regards to Stubbs Bay there are other accesses. He is saying to the Council that going forward,this needs to be researched because nobody could get down there to help. He noted this poor man was sitting in the boat with burns all over his body and was in the hospital for 10 days. Johnson thinks he is bringing up a good point: before vacating they must look at some of the long-term consequences, although he does not think the example in Forest is a good one because before the decision was made to vacate that one,he went there as it was a cliff and the fire department would not be able to get down there. However,when they are looking at others they want to be conscious of how they might be used,he agrees,and thinks Mr. Howells is bringing up a good point. Page 8 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. 14. LA21-000029—ROBERT ERICKSON,365 WESTLAKE ROAD., STREET VACATION— RESOLUTION NO.7211—Continued Crosby asked if a fire truck would have been able to get down that access point embankment on Forest Lake. Mr.Howells replied if it was maintained,the road was accessible where a dump truck could get down there,but as the two neighbors indicated,they just let it grow over. He can say unequivocally that there is no way to get into Forest Lake. Crosby said from his 10 years of fire experience,he will say that it is very difficult with a boat fire. He said it is like people on Big Island-if there is a fire—they need to be armed with fire extinguishers, first aid gear,and proper life jackets.He noted by the time the water patrol or fire department gets there it is probably half over. Most people will be rescued by another boater or jet-ski rather than one coming from land.He does think there have been some good points brought up tonight about diverting some of the dollars over to other access points that are viable and improve those. After a short break, Robert Erickson,Applicant, shared his plans and stated over a year ago he appeared before the Planning Commission and the City Council with a sketch plan that was well-received at the time.He would take the property he has at 365 Westlake Street,combine it with the vacated property, and make it into one new lot which would eliminate the subdivision done in 1910 known as Hillside Park. His expectation is that the older house would be removed and a newer house built with the goal of bringing that piece up to the standard of his house across the street,another house at 364 Westlake Street(whose owner sent an email in favor of the proposal),and the Thrasher's house.He noted there were some older cabins/houses there that had sewers that went right into the lake and he has everything all connected to sewer the way it is supposed to.Mr.Erickson said the concept first came to him as he was looking for a site around Lake Minnetonka and noticed that in many lake areas in Orono and other cities,the houses on the lake tend to be at a higher level with newer houses and older houses that have been fixed up.Many times on the same street,there are other houses that do not have lakeshore and are not as well-maintained and have a completely different look. His hope for Westlake Street is if he buys some of the smaller cottages and puts it together in a way to have a more uniform development on both sides of the street, it kind of defies the rules of economics.Mr.Erickson knew that going in and that is why he does not expect to make any money on this deal;however,his goal is primarily to improve the neighborhood and ultimately have a new house on Lot 1 Block 1 of the subdivision. He also has a rental house at 341 Westlake Street which eventually he assumes would be offered for sale to a builder and would make a good new home site as well. He is doing his best to bring up the level of the neighborhood and that is his plan. Printup moved,Crosby seconded,to approve 365 Westlake Road.,Street Vacation—Resolution No. 7211 subtracting No. 4.VOTE: Ayes 4(Printup,Crosby,Walsh); Nays 1 (Johnson). 15. LA21-000047—MATCOM: MARK MATASOVSKY O/B/O TEMPLE ISRAEL OF MINNEAPOLIS,645 TONKAWA ROAD,VARIANCES Mark Matasovsky,Applicant,was present. Staff presented a summary packet of information. Curtis shared that Camp TEKO is requesting lake setback and 75-foot hardcover variances in order to reconstruct their existing boat building/shed shown on Page 9 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. 15. LA21-000047—MATCOM: MARK MATASOVSKY OB/O TEMPLE ISRAEL OF MINNEAPOLIS,645 TONKAWA ROAD,VARIANCES—Continued the left on screen with a small footprint and height expansion as well as make changes to their lake boardwalk configuration within the 75-foot setback. In 2019 they received approval of a concept Master Plan and Temple Israel,Camp TEKO's owner,has since engaged a new architectural firm and are planning to implement the Master Plan in phases.The boat building was not part of the original Master Plan approval nor was it shown on those plans;the boardwalk changes and reconstruction of the boat building require hardcover and lake setback variances due to their locations and changes would result in a hardcover increase in 226.5 square feet within the 75-foot setback. The rebuilt building within the 75 would be used to house life jackets,paddles, and other lake-use accessories and provide a place for shelter and safe harbor in case of inclement weather.The improvements to this building are intended to provide additional storage capacity,a reworked configuration to open the space up to allow better visibility for chaperones to view the children on the lakeshore and increased floor area to allow better access for individuals in wheelchairs to be able to maneuver in and out of the building.The owner's revised narrative was included in the packet and the Applicant is present to discuss. In July the Planning Commission held a public hearing and discussed variances,voting 6-0 on a motion to partially approve the request.They did not support the increase in the building size but did support the hardcover variance and to not allow more building in the area but to allow more boardwalk hardcover.They have not received public comments on the application. Staff recommends approval of the hardcover and lake setback variances to accommodate the changes to the boardwalk,improving the safety and allowing for better accessibility. Staff did not identify practical difficulties supporting the building expansion requested and are seeking direction from the Council. Mark Matasovsky,owner's representative for Temple Israel,feels a little bad for not doing a better job at the Planning Commission and he wishes they had been more prepared.They received funding in 2019 and a lot of it was for American Disabilities Act(ADA)funding.At the very edge of the 75-foot setback the City approved a building at the top of the stairs which has been taken out of the plan and they will just use the existing boy scout buildings there to create changing rooms. On the waterfront they are creating paths that will allow wheelchairs down on the beach and right now the boat building is very important for equipment and does not get closer to the waterfront at all.Practical difficulties are having an accessible building with accessible staff access and they cannot back the building up because of the embankment. The Applicant is very willing to say if the property ever sells,they would remove the building before the sale but having that accessibility and ability to have staff close to the waterfront is very important.He asked for some way to work this out so they can have what they need.These children will always be Kindergarten through second grade and disabled as those are the clients they serve. Mayor Walsh noted the minute they do this,people will start coming in saying they need more hardcover to access their building by the water.He has no problem with the ramp trail for accessibility but any hardcover beyond that they must take care of out of the 75-foot setback. He noted the Council has told people they can refurbish a building within the same footprint but cannot move it somewhere else. The Council discussed the bluff setback,the ramp,and staying out of the 75-foot setback. Printup asked if it would matter if the square footage of the building gets reconfigured in the 0-75. Mayor Walsh noted they have told everyone they must keep the same footprint in the same exact spot. Page 10 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. 15. LA21-000047—MATCOM: MARK MATASOVSKY OB/O TEMPLE ISRAEL OF MINNEAPOLIS,645 TONKAWA ROAD,VARIANCES—Continued Printup remembers a woman who wanted to reconfigure her deck and they said she can do whatever she wants with the shape as long as she keeps it within the square footage. Barnhart noted that was regarding average lakeshore setback(ALS). Mr.Matasovsky said the biggest practical difficulty is a wheelchair being able to turn around in the building within the shape that it is currently. He appreciated that the Planning Commission allowed them to have a seasonal deck around the building which allowed them to wheel the chairs across the sand to get to the dock,but to have a cover over it and store the life safety equipment is very important. Johnson asked where ADA comes into play, for example with Big Island. Mayor Walsh said if it is public access it comes into play. He noted they have people come in with kids with problems or aging parents. Johnson asked about the deck they did on Long Lake and the Applicant wanted to expand his deck in exchange for removing the hardcover,all within the 0-75. Curtis noted a portion of the house was within the 0-75. Johnson stated this building is so close to the lake it is harder to allow any expansion of it. Mr.Matasovsky said Watershed District was out and the building is above the height and they would not even require a permit for it. Mayor Walsh stated the Council could possibly look at this project the same way as the project with the house in the 0-75 setback. Curtis said if they can craft findings that are specific to this property and the specific use,that it is not a residential use property. Johnson noted they could table it and the Applicant could come back with a proposal of other things they are doing on site for different changes. Crosby said in removing other things in the 0-75 it gives some flexibility. Attorney Mattick likes the idea if they are going to swap things out,to give them a moment to look at it. The Council suggested Mr.Matasovsky go back and look at what they could eliminate in exchange, for example,removal of the cabin. Curtis stated removal of the cabin looks like it would be a gain for the City. Johnson moved,Crosby seconded,to table LA21-000047,645 Tonkawa Road,Variances. Page 11 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. 15. LA21-000047—MATCOM: MARK MATASOVSKY OB/0 TEMPLE ISRAEL OF MINNEAPOLIS,645 TONKAWA ROAD,VARIANCES—Continued Loren Schoenzeit,480 Forest Landing,thinks adding the ADA facility close to the lake for the camp is important and if there is a way to find the structural coverage in this location and perhaps trade with the cabin, he thinks that would be valuable to the City.If they push the building back too far it does not serve its safety purposes and he is sure they do not want the Applicant taking thousands of yards out of the hill to put it at lake grade. It seems like there is a reasonable compromise to be able to get an ADA structure for safety near the lake and the hill represents the practical difficulty of the building site. VOTE: Ayes 4,Nays 0. CITY ATTORNEY REPORT Attorney Mattick had nothing to report. CITY ADMINISTRATOR/ENGINEER REPORT Edwards had nothing to report. COMMUNITY DEVELOPMENT DIRECTOR REPORT Barnhart stated they received a dock license for one of the dock sites on Big Island and they are working through that and Attorney Mattick is working on confirming ownership and ability to provide/issue a license. Johnson asked to make a mental note that when they do a fee schedule for the following year to do a year in review on Big Island to make sure the City's costs are covered.They should assess their depreciation schedule on that dock as it may not last as long and the City should bear no expense to providing that privilege out there. Barnhart noted they are also working through the Navarre parking lot process and there is a virtual Q&A on August 12,2021. Finally,they received the application for Shoreline Estates final plat at 1700 Shoreline Drive,the Jacobs' property. Mayor Walsh noted it is still in lawsuit so he does not think anything will happen anytime soon. Attorney Mattick does not think so and said they are not prohibited from it but that they want to wrap things up. MAYOR/COUNCIL REPORT Johnson played in the Herb Brooks Memorial Golf Tournament,closed on their house in Orono, and they are excited about that. Crosby stated they had an awesome National Night Out going to various parties and visiting neighbors. He wished Mayor Walsh and Attorney Mattick a happy birthday. He noted a lot was said about Orono tonight and the City was a great place to move to and now it is an outstanding place to move to, and this Page 12 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 9,2021 6:00 o'clock p.m. MAYOR/COUNCIL REPORT—Continued has happened because of Mayor Walsh's leadership and this Council.The changes made in the City have been fantastic and a lot of credit goes to Mayor Walsh.Crosby is proud of him and wishes him all the best. Printup asked if the suggestion from Camp TEKO of tearing down the building if they ever sell the land is legal. Attorney Mattick does not know the answer,and he took it to mean that the property would be encumbered with certain restrictions on salability and that is an assumption. Mayor Walsh thanked the Council for their happy birthdays and had a great time at National Night Out. Printup noted it was a great Corn Days Weekend. ADJOURNMENT Printup moved, Crosby seconded,to adjourn the meeting at 7:45 p.m.VOTE: Ayes 4,Nays 0. ATT .ST: 1 eft g! Anna Carlson,City Clerk Dennis Walsh,Mayor Page 13 of 13