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HomeMy WebLinkAbout07-13-2020 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2020 6:00 o’clock p.m. _____________________________________________________________________________________   Page 12 of 19    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. 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. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2020 6:00 o’clock p.m. _____________________________________________________________________________________   Page 13 of 19    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 ½-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. Mr. Puzak said he was not. Over the years the cabin property has been rented recreationally and people have used the cabin and docks. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2020 6:00 o’clock p.m. _____________________________________________________________________________________   Page 14 of 19    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 ¼ 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 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 ½ acre, which is the smallest zoning. Mr. Puzak stated the seven lots total over an acre of land. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2020 6:00 o’clock p.m. _____________________________________________________________________________________   Page 15 of 19    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 ⅔ of the required ½ 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 ⅓-acre or twelve ¼-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. 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. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2020 6:00 o’clock p.m. _____________________________________________________________________________________   Page 16 of 19    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. Council Members agreed that it comes down to the dry buildable land no matter how many acres a parcel is. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2020 6:00 o’clock p.m. _____________________________________________________________________________________   Page 17 of 19    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 ½ 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 ½ 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. 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.