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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 10, 2012 7:00 o'clock p.m. _____________________________________________________________________________________ Page 7 of 26 (5. #10-3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) that in his view this ordinance is better for Orono citizens without impinging upon the water quality. Franchot stated he is in support of the ordinance as written. Bremer stated her first and foremost question was whether Staff supports the ordinance because Staff has dealt with the current code more than the City Council has and every Council Member has had their own experiences with the regulations. Bremer noted she dealt with hardcover issues on the Planning Commission and that their overall view of the regulations reflected a powerful philosophy of preserving Lake Minnetonka. Bremer indicated part of the struggle she has today is acknowledging that it is better for staff and hoping that it is better for the citizens but also balancing the City’s commitment to Lake Minnetonka. Bremer stated if the City starts seeing a pattern of some extreme building that the Council was not envisioning, that she hopes the Council will have the ability and power to rectify that number. Bremer stated she does not know what the magic number is and that the number may vary depending on the lot. Since there is no perfect system, the Council needs to find the best solution they can to simplify and protect Lake Minnetonka. Bremer indicated she would be supportive of a number less than 25, but that the Council has to rely on City Staff and the Planning Commission to be watching for new patterns that they are not envisioning today. Bremer stated in her view part of what they are gaining here is stopping a pushing of the boundaries and to set a rule that people can live with and get what they want while at the same time still meeting the City's standards for protecting the lake. Bremer stated she will support the ordinance and that she likes the idea of potentially removing the 100 square feet of deck and pervious material and reviewing it at some point in the future. Bremer stated she has the same understanding as Council Member Rahn with respect to the retaining walls and that the City Engineer would prefer they all be treated one way or the other. Bremer stated her understanding was that they would be included as hardcover, and that if all retaining walls are excluded from the hardcover calculations, the City Council needs to understand that exclusion. Franchot stated the thought that Council Member Bremer brought up is a good one and that there will be new patterns that occur because of the ordinance. Franchot stated the City could be passive and wait and see or the Council could ask that Staff come back to the Council by the end of next summer or some other reasonable time with their thoughts on how the new ordinance is working. McMillan stated she also has become receptive to the tiers and that the map would be very helpful to the citizens and other government entities. The map, for example, would show the Metropolitan Council that Orono citizens have a number of restrictions to comply with, and if the wetland buffers are added to the map, that would definitely help show that Orono is protective of its natural resources and that development should be limited to a certain degree. The map also simplifies the hardcover regulations for the residents and eliminates the requirement for a survey. McMillan stated in that way it benefits potential buyers and existing property owners. McMillan stated there will still be some imperfect situations but that she hopes this Council and future councils can work through those issues. McMillan stated her hope is that there will be fewer variance requests under the new ordinance. Item #02 - CC Agenda - 09/24/2012 Approval of Council Minutes 09/10/2012 [Page 7 of 26]