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HomeMy WebLinkAboutRequest for Council Action 2014 REQUEST FOR COUNCIL ACTION Date: 23 July 2014 Item No. Department Approval: Administrator Approval: Agenda Section: Name: Melanie u t' Title: Item Description: Joe Church—4440 Forest Lake Landing—Encroachment Agreement List of Exhibits: Exhibit A. Draft Encroachment Agreement- Revised Exhibit B. Council Memo 07/10/14 Exhibit C. Draft City Council Minutes—07/14/14 Summary: At the Council's July 14th meeting the Council heard from Joe Church who was requesting approval from the City in order to reconstruct the driveway, stairs and sidewalk to his home which are located almost entirely within the City's right-of-way (ROW); the replacements would be in-kind. He also requested approval to re- grade the yard adjacent to his driveway and remove an existing tiered retaining wall to allow for parking two vehicles in the driveway without widening it. The encroachment agreement drafted for the July 14th meeting did not completely address all of the ROW encroachments and has now been redrafted to include all of the ROW encroachments including the deck. The revised encroachment is attached as Exhibit A. Staff Recommendation Staff recommends approval to allow the grading, removal of the east walls, the reconstruction of the sidewalk, stairs and driveway subject to: 1. The property owner entering into an encroachment agreement addressing all other items located within the City ROW; and 2. Submittal of an erosion control escrow. All of the encroachments have been addressed with the revised encroachment agreement. COUNCIL ACTION REQUESTED Authorize the Mayor and City Administrator to sign the encroachment agreement for maintenance, reconstruction and/or removal of the ROW encroachments with the staff recommendations. Also, Council should authorize the project to commence according to the submitted plan upon staff receipt of the erosion control escrow from Mr. Church. (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this day of. ,2014,by and between the CITY OF ORONO,a Minnesota municipal corporation("City"),and MICHELE L. GILMER,a single person, and JOSEPH C. CHURCH,a single person("Owners"). 1. BACKGROUND. Michele L. Gilmer and Joseph C. Church are the fee owners of certain real property located in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows. Parcel ID No.07-117-23-24-0017` Lot 12, "Tonkaview Gardens, Hennepin County,Minnesota." (Torrens Property—Certificate of Title No. 1366262) having a street address of 4440 Forest Lake Landing, Orono, Minnesota("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property. The Owners currently have a wood retaining wall, a sidewalk, and a deck in the City's easement and as shown on the attached sketch. The Owners want to remove and eliminate the wood retaining wall east of the driveway,re-grade land behind the retaining wall, and replace the failing sidewalk on the Subject Property all which will encroach into the City's drainage and utility easement areas as depicted on the attached survey sketch. 1 77 izzvz 1 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its easement area on the Subject Property subject to the conditions set forth in this Agreement. The Owners agree that all work performed on the Subject Property shall be inspected and approved by the City Engineer and in accordance with the City Codes. The Owners shall be responsible for all costs associated with the removal of the retaining wall,the re-grading and the replacement of the sidewalk. The Owners shall be responsible for the maintenance of the sidewalk. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easement area,the Owners for themselves,their heirs and assigns,hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the removal of the retaining wall,the re-grading and the replacement of the sidewalk in the City's easement area, caused in whole or in part by the encroachment into the City's easement area. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the Subject Property thirty(30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and the Agreement may then be terminated immediately. The property owner shall remove all existing encroachments depicted on the attached sketch. If the owner fails to do so,the City may remove the encroachments and charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. 177122v2 2 CITY OF ORONO By: (SEAL) Lili Tod McMillan,Mayor AND Jessica Loftus,City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPlN ) The foregoing instrument was acknowledged before me this day of , 2014, by Lili Tod McMillan and Jessica Loftus, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authoritygranted by its City Council. Notary Public 1 77 122v2 3 PROPERTY OWNERS: Michele L. Gilmer Joseph C. Church STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2014 by Michele L. Gilmer,a single person. Notary Public STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2014 by Joseph C. Church,a single person. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve,Suite#317 Eagan,Minnesota 55121 Telephone:651-452-5000 SMM/jmo 17n22v2 4 CERTIFICATE OF SURVEY FOR 5,. ,.� 31 j JOSEPH CHURCH o�\ Wes� 3 N F-4Wg OF LOT 12, TONKAVIEW GARDENS rtl :511 x Rig HENNEPIN COUNTY, MINNESOTA a T l g A a IX O I Qj�o k II h~ �x1STtNG HOUSE ' III it 4,440 i Y'y L I •'y 51 8 LEGAL DESCRIPTION OF PREMISES. \\ Lul 12.TONKAVIEW GARDENS This survey snows 9w counaanes one 7oDo9raDRr of IM shove \�^ �,.•-`~ tleialeeE F9 M'H arido ocialoratoll d be en [ - 10 snow evv o:n.i.awm.,spn wry ntlxspupa a ex+oxhmprtx ,Q 20 40 • Iron m m.r hxrnn Iron marker eet �+ Exi91iv9 cmlaur Iine g SCALE IN FEET s 177122v2 5 REQUEST FOR COUNCIL ACTION Date: 10 July 2014 Item No. O Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis Title: Item Description: Joe Church—4440 Forest Lake Landing—Encroachment Agreement List of Exhibits: Exhibit A. Request from Property Owner Exhibit B. Draft Encroachment Agreement Exhibit C. Aerial Photos&Site Photos Exhibit D. Survey Exhibit E. Proposed Plan -Requested Improvements Exhibit F. City Engineer Comments Exhibit G. Council Memo 06/18/13 Exhibit H. City Council Minutes—06/24/13 Application Summary: In June of 2013 the property owner,Joe Church, approached the City with a request for permission to conduct some maintenance improvements and minor changes to the driveway and sidewalk access to his property which are located entirely within the City right-of-way (ROW). Last year the Mr. Church was requesting approval to expand the driveway and reconstruct the stairs and sidewalk which access the home. He indicated that he would be agreeable to the future removal of the deck/patio and also entering into an encroachment agreement. He was instructed to provide a plan for the desired improvements. Update: Mr. Church has provided a survey for the property and has revised his request. At this time he is not requesting approval for any expansion of hardcover. He would like to re-build the stairs and sidewalk which access the home in the same footprint as existing. Additionally, he intends to re-grade the side yard so that the walls on the east side of the driveway can be removed. This would allow for two vehicles to park in the driveway and accommodate the vehicle doors opening without actually enlarging the driveway footprint. The driveway would be replaced in-kind. The stairs, deck and retaining walls under the deck would remain at this time. He is amenable to re-evaluation and removal of the deck at a later date. However the driveway and sidewalk projects have a higher priority as the failing driveway, sidewalk and stairs are causing water to enter the home and need to be addressed first. Planning Staff and the City's consulting engineer, Brian Simmons, visited the site to discuss Mr. Church's plans. Technically a permit doesn't apply as the work will be conducted within the City ROW, however an encroachment agreement, erosion control escrow and plan (Exhibit F)will be required. Staff Recommendation In an effort to clean up the City's ROW, staff is agreeable to allowing the grading, removal of the east walls, the reconstruction of the sidewalk, stairs and driveway conditioned on the property owner entering into an encroachment agreement addressing all other items located within the City ROW. All of the encroachments will be addressed with the encroachment agreement. The encroachment agreement will need to be revised at the time the property owner intends to address/remove the deck and retaining walls. COUNCIL ACTION REQUESTED Council should provide direction to staff regarding entering into an encroachment agreement for maintenance, reconstruction and/or removal of the ROW encroachments. Council Exhibit A City of Orono Zoning Permit Application /�l Mailing Address: Permit number: �O` V PO Box 66 Date received: Crystal Bay, MN 55323-0066 Escrow#and #''^�^, Street Address: amount: GG/ > 2750 Kelley Parkway Permit Fee: "' A— ytn I Orono, MN 55356 F,�' Approved by: kFSHO� Fax: 952-249-4616 Notes: Main: 952-249-4600 www.ci.orono.mn.us This application form must be completed in full and all required information must be submitted. (Please print.) Job Site Address: Lli{(lto Fp, e5+ te,.p.- (_e.,,,4,nc, (�rDr7� MaU 5536 CONTRACTOR/APPLICANT INFORMATION: Name: TF_ Phone: 612_ s)ng Iti-EK7- Fax: Address: /„I?S Sto c L't City: '� dt^c.e, ZIP: 55� rt Contact Person: _Toe Contact's phone number (nIZ 3O$ W's Email -,ae-Qh.i eco, Applicant is: Contractor omeown >� (Circle One) PROPERTY OWNER INFORMATION: Name: :306 CJ L_,,_-. Phone(day): (--12 bQ1 -1Y9 Mailing Address: (a/-7 S 54-o„o at !Vg dr.&,�,,J-e_� ZIP. Email and/or Fax ,op ft,eh6N,c pM Overall Project Description: t2e4pJac, dr�V �„� 0014- sod-e,wc, (c Ce,1XrAk Check BoxTYPE OF PERMIT COST* Dock, Residential-Permanent dock on any lake or initial seasonal dock not on $50+engineering review costs Lake Minnetonka (permanent dock requires CUP Dock, Commercial $50+engineering review costs Escrow for erosion control and engineering review costs $2,000 Hardcover Permit: Driveway, Patio, Sidewalk, Etc.(New or Replacement) No charge Also re uired is a Minor or Major Land Alteration Permit Land Alteration, Major(grading,filling, or excavating)more 500 cubic yards or $50 more than 10 cubic yards in lakeshore setback(also requires CUP) Escrow for erosion control and engineering review costs As determined by CUP Land Alteration, Minor(grading,filling or excavating)-500 or less cubic yards $50+engineering review costs outside of lakeshore setback or less than 10 yards in lakeshore setback Escrow for erosion control and engineering review costs $2,000 Retaining Wall measuring under four feet require a zoning permit. $50+engineering review costs Retaining walls measuring more than four feet(from bottom of footings to top of wall)require a building permit. (Tiered retaining walls are considered one wall unless the walls are separated by twice the height of the lower wall.) Escrow for erosion control and engineering review costs $2,500 Stairway to Lake (New or Replacement) $50+engineering review costs Escrow for erosion control and engineering review costs $2,000 Structure Permit for other structures not requiring a building permit but $50+ engineering review costs regulated by the zoning code(including, but not limited to accessory building of less than 120 square feet, detached deck or platform and sport court) Escrow for erosion control and engineering review costs $2,500 Tree Removal or other vegetation removal in 0 to 75 foot zone No charge. Temporary Construction Office/Trailer associated with building permit) $30 (over) *Permit fee will be collected when the permit is issued. Updated: November 30,2012 APPLICANT/OWNER ACKNOWLEDGEMENT: • Applicant/Owner agrees to provide all information required or requested by the Planning Department; • Owner agrees to pay the City of Orono for engineering consultant review costs where applicable; • Applicant/Owner certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete; • Applicant acknowledges the attached Escrow Agreement is completed and signed by Owner; • Applicant/Owner understands their project may require an initial and as-built survey per City Code Section 86-68. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information,the application may not be issued. The undersigned certify that the information supplied is true and correct to the best of their knowledge. Applicant's Signature: QDate: S f l kuI Y Property Owner's Signature: Date: T SUBMISSION REQUIREMENTS: Except for tree removal permits, all permits TYPE OF PERMIT: require a completed application form, escrow agreement(signed by the property owner) and escrow check from owner, two copies of all plans, and three copies of all grading plans or surveys/site plans Dock, Residential Seasonal Dock—survey showing proposed dock Permanent Dock—plans as approved by CUP and copy of LMCD permit(if applicable) Dock, Commercial 1. Structural plans for the dock 2. Survey showing the proposed location of the dock 3. Copy of LMCD permit Hardcover Permit 1. All Minor or Major Land Alteration Permit requirements apply as appropriate 2. Hardcover calculations, existing and proposed 3. Plans Land Alteration, Major 1. Plans as approved by Conditional Use Permit 2. Erosion control plan or copy of MCWD Erosion Control Permit Land Alteration, Minor 1. Survey/grading plan including existing and proposed contours (Less than 10 cu.yds.within 75' of 2. Amount of fill to be imported and/or exported and haul route lake or less than 501 cu.yds 3. Amount of earth to be moved around on site elsewhere.) 4. Erosion control plan or copy of MCWD Erosion Control Permit Retaining Wall 1. Plans for wall(s) 2. Unless repair or exact replacement of existing wall, submit an updated survey with grading plan including existing and proposed contours 3. Hardcover calculation worksheets if in shoreland district 4. Erosion control plan or copy of MCWD Erosion Control Permit Stairway to Lake 1. Construction plans for stairway, including footings 2. Topographical survey of property with proposed stairs shown 3. Erosion control plan or copy of MCWD Erosion Control Permit Structure Permit 1. Construction plans. 2. Survey of property with proposed structure shown and with setbacks to property lines,other structures on property and the septic system indicated.The general location of any sewer and water services should be shown if applicable. 3. Grading plan if grading is proposed. 4. Hardcover calculation worksheets 5. Erosion control plan or copy of MCWD Erosion Control Permit Tree Removal Call: 952-249-4600 to schedule a single tree removal inspection. A re-planting plan/ management plan required for clear cutting, buckthorn or other intensive vegetation removal. Updated: November 30,2012 Melanie Curtis From: JOSEPH CHURCH Uoechurch@msn.com] Sent: Thursday, July 03, 2014 11:24 AM To: Melanie Curtis; JOSEPH CHURCH Subject: Encroachment Agreement Attachments: survey with changesJpg I would like to enter into an encroachment agreement with the city of Orono for the following. To eliminate the retaining wall east of the driveway. To regrade land behind retaining wall per attached diagram. To replace failing sidewalk. Or legal address description is: Lot 12, "Tonkaview Gardens, Hennepin County, Minnesota" Address reference 4440 Forest Lake Landing, Orono MN 5364 Melanie Curtis From: JOSEPH CHURCH Ooechurch@msn.com] Sent: Thursday, July 03, 2014 11:22 AM To: Melanie Curtis; JOSEPH CHURCH Subject: Narrative of plan Attachments: survey with changes.jpg; survey without changes.jpg 1. Eliminate wood retaining wall east of driveway. 2. Regrade land behind retaining wall per attached diagram 3. Replace failing sidewalk. i Council Exhibit B (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this day of , 2014,by and between the CITY OF ORONO, a Minnesota municipal corporation("City"), and MICHELE L. GILMER,a single person, and JOSEPH C. CHURCH,a single person("Owners"). 1. BACKGROUND. Michele L. Gilmer and Joseph C. Church are the fee owners of certain real property located in the City of Orono,County of Hennepin, State of Minnesota, legally described as follows: Parcel ID No.07-117-23-24-0017 Lot 12, "TonkAview hardens, Hennepin County, Minnesota." (Torrens Properly—Certificate of Title No. 1366262) having a street address of 4440 Forest Lake Landing, Orono, Minnesota ("Subject Property"). The City owns easements for drainage and utility purposes over portions of the Subject Property. The Owners want to remove and eliminate a wood retaining wall east of the driveway, re-grade land behind the retaining wall, and replace the failing sidewalk and driveway on the Subject Property all which will encroach into the City's drainage and utility easement areas as depicted on the attached survey sketch. i7nzzvi 1 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in its easement area on the Subject Property subject to the conditions set forth in this Agreement. The Owners agree that all work performed on the Subject Property shall be inspected and approved by the City Engineer and in accordance with the City Codes. The Owners shall be responsible for all costs associated with the removal of the retaining wall,the re-grading and the replacement of the sidewalk and driveway. The Owners shall be responsible for the maintenance of the sidewalk and driveway. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easement area,the Owners for themselves,their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the removal of the retaining wall,the re-grading and the replacement of the sidewalk and driveway in the City's easement area, caused in whole or in part by the encroachment into the City's easement area. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the then owner of the Subject Property thirty(30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and the Agreement may then be terminated immediately. The property owner shall remove the sidewalk and the driveway to the effective date of the termination of this Agreement. If the owner fails to do so,the City may remove the sidewalk and driveway and charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. [Signatures contained on following pages.] 177122v1 2 CITY OF ORONO By: (SEAL) Lili Tod McMillan, Mayor AND Jessica Loftus, City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ' 2014, by Lili Tod McMillan and Jessica Loftus, respectively the Mayor and City Administrator of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public [Signatures continued on next page.] 177122v 3 PROPERTY OWNERS: Michele L. Gilmer Joseph C. Church STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014 by Michele L. Gilmer, a single person. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2014 by Joseph C. Church,a single person. 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CERTIFICATE OF SURVEY FOR 5„ ,n zm JOSEPH CHURCH �� 0 FY y6 W w OF LOT 12,TONKAVIEW GARDENS HENNEPIN COUNTY, MINNESOTA \ l a N 0 O��r W 133.15 \\ 11 1 1 m 1 111 „ I \ m Z1== 0.90.. \ 1 �CISTING HpUSE �.� #4440 0 F F� -- , ,, 4 �1`1G vv - o 0 a O ' PAVER ORNEWA LEGAL DESCRIPTION OF PREMISES: \ Lot 12,TONKAVIEW GARDENS This survey shows the boundaries and topography of the above described Property.and the 1 cation of 0 visible Improvements on said property end the adjoining road r i b' of way.R does not purport to show any other knprovenlems or eror0achrrm s. 0 10 20 40 • :Iron marker found raw o :Iron marker set Existing contour lim SCALE IN FEET m n 0. C rr C1 v = r} r' i as +taF r, t - a e w t'i { 3 l!q!uxg a !!ounoo Council Exhibit F Melanie Curtis From: Brian Simmons [briansi@bolton-menk.com] Sent: Thursday, July 10, 2014 1:46 PM To: Melanie Curtis Cc: Robert Bean Subject: Narrative -4440 Forest Lake Landing Melane—Please see my summary of our site visit below. Joseph Church, applicant, is proposing the removal of a wood retaining wall, and minor grading adjacent to his driveway and the street right of way, to improve vehicle access and improve his un-maintainable/un-mowable slope. Brian Simmons(Bolton & Menk) and MC met with Joe on site to discuss his proposed improvements. The grading changes he has proposed were sketched onto a copy of the lot survey and submitted. Grading changes, as submitted, are minimal and do not significantly impact drainage or other adjacent features including the roadway. No additional review will be necessary, however a grading escrow may be required to ensure completion and stabilization of the graded areas. Joe also discussed replacement of other retaining walls that exist in the right-of-way and was informed that those changes will need to be submitted separately, and replacement retaining walls would need to be designed by an engineer. Applicant indicated that those improvements would be submitted for at a later date. Respectfully Submitted, Brian D. Simmons, P.E. Bolton & Menk, Inc. M: 612.756.3441 briansi@bolton-menk.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit littp://www.symanteccloud.com 1 Council Exhibit G REQUEST FOR COUNCIL ACTION Date: 18 June 2013 Item No. 9 Department Approval Administrator Approval: Agenda Section: Name: Jesse Struve JS Title: Public Works Director/City Engineer Item Description: Joe Church—4440 Forest Lake Landing—Encroachment Agreement List of Exhibits: Exhibit A. Request from Property Owner Exhibit B. Draft Encroachment Agreement Exhibit C. Aerial Photos Exhibit D. Site Photos Exhibit E. Partial Survey Application Summary: The subject property is situated at an angle on the south, side street lot line. Most of the driveway serving the home is located entirely within the City's right-of-way (ROW); the sidewalk; water supply well; retaining walls; and a deck and patio are entirely within the ROW. The property owner is requesting permission to widen the driveway; move and rebuild retaining walls; and fix sidewalk and stairs which access his property. Additionally the property owner would like to repair the existing patio area adjacent to a lakeside deck. Discussion According to the City's Community Management Plan, the City has a responsibility to retain Lake Minnetonka access points permanently for the public's use. By allowing a deck and patio within the ROW, it gives the perception this area is private land. When property undergoes major changes and upgrades, staff will recommend all impacts within the ROW to be removed. There will be times when not all of the impacts can be feasibly removed, but any impacts which cannot be feasibly removed will be included in an encroachment agreement. The encroachment agreement will allow the City to require the property owner to remove the encroachments if the encroachments become an issue in the future. Staff Recommendation In an effort to clean up the City's ROW, staff is agreeable to allowing the widened driveway and repairs to the sidewalk conditioned on the property owner removing the deck and patio area within the ROW. The property owner should be required to enter into an encroachment agreement addressing all other items located within the City ROW. Staff recommends they remove the deck and patio and determine if it is possible to realign the door so the steps can also be removed. All other items would be allowed to remain in place, but should be incorporated into an encroachment agreement. COUNCIL ACTION REQUESTED Council should provide direction to staff regarding the following: 1. Is Council agreeable to entering into an encroachment agreement for the ROW encroachments? 2. Which of the improvements within the ROW should be included within the encroachment agreement? Which, if any, of the encroachments should be removed? Council Exhibit H MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 24,2013 7:00 o'clock p.m. 9. 4440 FOREST LAKE LANDING—ENCROACHMENT AGREEMENT Struve stated the City has been requested by the owner of 4440 Forest Lake Landing for approval to widen his driveway,which would have an additional impact to the right-of-way in that area. Under the City's Community Management Plan,the City has a responsibility to retain Lake Minnetonka access points permanently for the public's use. By allowing a deck and patio within the right-of-way, it gives the perception this area is private land. Struve stated in the past, when a property undergoes major changes and upgrades, Staff will recommend all impacts within the right-of-way be removed. There will be times when not all of the impacts can be feasibly removed,but any impacts which cannot be feasibly removed will be included in an encroachment agreement. The encroachment agreement would allow the City to require the property owner to remove the encroachments if the encroachments become an issue in the future. In an effort to clean up the City's right-of-way, Staff is agreeable to allowing the widened driveway and repairs to the sidewalk conditioned on the property owner removing the deck and patio area within the right-of-way. The property owner should be required to enter into an encroachment agreement addressing all other items located within the City right-of-way. Staff recommends they remove the deck and patio and determine if it is possible to realign the door so the steps can also be removed. All other items would be allowed to remain in place but should be incorporated into an encroachment agreement. McMillan asked if the new hardcover for the driveway would be included in the overall hardcover for the property. Curtis stated the hardcover in the right-of-way would be separated out. McMillan asked if a new survey would be required. Struve indicated they have not seen a building permit request at the present time. Curtis stated the property owner has not submitted a plan or requested a building permit but is merely requesting preapproval of the work. The project would also require the moving of some retaining walls. Struve stated there are numerous encroachments in the right-of-way and the question is what items should be removed out of the right-of-way. Levang asked if there will be a formal request for a building permit; and if so, if Staff has any idea when that might be submitted. Struve indicated the applicant is in the audience and he would be able to address those questions. Levang asked if Staff would like the encroachment cleaned up prior to the application. Struve stated the applicant requested to widen the driveway; and if that request is denied,that would change what he wants to do with the property and a survey may or may not be required at that point. The property owner is attempting to save some money by not doing the survey at this point until he gets some idea of what the Council will approve. Page 9 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 24,2013 7:00 o'clock p.m. (9. 4440 FOREST LAKE LANDING—ENCROACHMENT AGREEMENT, Continued) Joe Church, 6175 Stone Court, Independence, stated the driveway is currently 17 feet wide. Due to the retaining walls located at the edge of the driveway, it is impossible to get two cars in there and open the doors on the vehicle. Church indicated they are also unable to back up without running over the neighbor's flower garden. Church stated he is proposing moving the retaining wall back five feet to allow for more room to open the doors of the vehicle if you are parked in the driveway. Church indicated he has not put together the exact dimensions at this time. Anderson asked if the driveway could be relocated. Anderson stated if they remove the steps and patio, she is assuming the property owner will come back with a variance request to relocate them somewhere on the property. Church stated he is requesting they be allowed to keep the patio and widen the driveway. The driveway is a concern because they do not want to cause any damage to vehicles and they do not want to park on the fire lane. The relocation of the retaining wall would make the whole situation much more conducive to allowing two cars in the driveway. As it relates to the existing patio, Church stated in his view,he does not feel it is in the way and it was pre-existing prior to their purchase. Church noted there have already been a number of improvements made by the neighbors in the area of the fire lane and that he understands if the City requires use of the fire lane,the patio and well would need to go away, but that he is requesting permission to keep them at this time. Printup asked if this is the same fire lane that came into question a few years back. Mattick indicated it is. Struve noted the other side of the fire lane also had significant improvements made to it by another property owner and that Staff would be requesting that they also sign an encroachment agreement to make everyone fully aware of the situation. Mattick stated if there are concerns about requiring the removal of certain items, since the applicant is going to submit a plan for the driveway,that perhaps the applicant could suggest what he would want to remain under the encroachment agreement. Mattick asked if the driveway application would come before the City Council. Gaffron stated the difficulty is granting a variance on property that is dedicated right-of-way and not expansion of hardcover within the actual building site or lot. Gaffron indicated he is not sure how the Council could grant a variance to something located in a right-of-way or how the application should be brought before the Council. Gaffron noted expansion of the hardcover is not being done on the property, which is why Staff is proposing an encroachment agreement. Page 10 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 24,2013 7:00 o'clock p.m. (9. 4440 FOREST LAKE LANDING—ENCROACHMENT AGREEMENT, Continued) Mattick stated it might be helpful to see exactly what the applicant is proposing before allowing a further encroachment of the driveway and determining what needs to be removed. Mattick noted he has dealt with other properties like this and the ultimate goal is to decrease the amount of encroachment in the right-of-way. Mattick stated this situation is less than ideal given the location of the house but the question is how much of an encroachment will be allowed. McMillan noted the other adjoining neighbor has a significant driveway and that Mr. Church is asking for a reasonable driveway. McMillan commented intensifying the use of a fire lane is a difficult thing to approve and that the City has allowed some encroachment for something essential, such as a driveway, but the question is how much is essential. Levang asked if there is any other option for a driveway. Curtis stated no matter what direction the applicant plans to accesses his garage it would still require utilizing a significant portion of the fire lane. Gaffron stated due to the topography, it would be difficult to change the orientation of the garage. McMillan stated she certainly does not see the deck area as being essential but that the well could stay until it needs to be redrilled. Curtis pointed out a retaining wall is located underneath the deck. Staff would need to evaluate that a little bit closer to see what could be removed without requiring extensive grading. Levang asked if the City Engineer has reviewed that. Struve indicated he has not and that he would need to know how high the retaining wall is. The property owner would also need to remove some of the lattice work on the deck. Struve stated in his opinion the property owner would be able to easily re-grade the area to match the surrounding topography but that it is likely within the 0-75 foot zone. Curtis pointed out the location of the 0-75 foot zone and stated that the re-grading work would be entirely within the 75-foot setback. Struve stated he knows the well is located on the back side of the deck and that he would have to review the grading that would be required but in his view it would be feasible. McMillan asked if the neighborhood was upset when this fire lane became developed. Gaffron stated that would be a good characterization of the discussion that occurred 10 to 12 years ago and that development of this property initially happened 15 years ago. The property owner did have discussions with the public works director at that time about creating a driveway that accesses the garage based on the orientation of the house. Gaffron stated the landscaping and driveway in the fire lane caused the majority of the issues in the neighborhood. McMillan stated it was rather a big issue at that time and it was a lesson to the City about allowing nonessential items in the right-of-way. Page 11 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 24,2013 7:00 o'clock p.m. (9. 4440 FOREST LAKE LANDING—ENCROACHMENT AGREEMENT, Continued) Bremer stated she would be amenable to cleaning up and improving the access point to the garage as well as the stairs provided that the Council does not feel the problem is being made worse. Bremer stated she does not want the solution to be worse than what the problem was. Bremer commented the deck will not be there forever since its useful life will eventually come to an end. Levang stated she would like to see as many encroachments go away as possible since it is a fire lane and should be marked as a fire lane. Levang stated she would like the public to be able to use the fire lane and that she is in favor of removing as many of the encroachments as possible. Mattick asked if the Council would like to see the applicant's plans first or whether Staff should draft an encroachment agreement that requires the removal of the deck. Typically an encroachment agreement would specify what is allowed to remain in the fire lane and that it would likely be the driveway and the steps at this point. Levang commented it seems like the Council is flying half-blind in this situation since there is not a formal plan being proposed. Mattick stated it is not uncommon to do an encroachment agreement that says the property owner has already installed these items and then those items are described and allowed to remain until the City determines they have to be removed. Church noted the adjacent land to the south is a very steep incline and that they share responsibility with the neighbor to mow and maintain that area. Church indicated he has a concern that if there is an elevation change,the well will be exposed. Church stated they have a difficult time mowing that area now and that he is not sure how to do an elevation change without exposing the well and requiring a retaining wall. Anderson stated that is one of the reasons why the Council needs more information at this time. Curtis displayed a picture of the area and noted it is not a good picture of the angle. Church indicated he is not sure when that was graded that way. McMillan asked if someone would need to walk through the landscaping to access the lake. Church stated they would not since there is a small grassy area they can walk through but that the terrain is somewhat steep down to the lake. Levang asked who owns that strip of land. Curtis indicated the City owns that. Mattick commented it is hard to visualize but all of the paver is within the City's right-of-way. Printup stated the question in his mind is whether the patio and deck should go away and relocated within the property lines. Printup asked whether that would impact the hardcover. Page 12 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June 24,2013 7:00 o'clock p.m. (9. 4440 FOREST LAKE LANDING—ENCROACHMENT AGREEMENT, Continued) Church stated it would have given the small size of the lot. McMillan asked what the hardcover is on the property. Church indicated he is not aware of the exact percentage. Struve stated it appears the Council is open to allowing an expansion of the driveway but that they would like additional information on the patio and deck. McMillan stated it appears the majority of the Council is open to the expansion of the driveway but that the applicant will need to look at removing nonessential items in the right-of-way. Mattick stated the average person who looks at this area would not realize it is an access point to the lake and that there are a fair number of items encroaching in the fire lane. The City Council took no formal action on this item. YOR/COUNCIL REPORT Ander encouraged the residents to contribute their opinions on the new streetlights in Nav y completin he City's survey accessible on the City's website. Struve noted the vey deadline is July 9. McMillan asked whethe e deadline for the survey should be extende Struve indicated the City starte e survey June 9 and that it w d cost the City an additional fee for another month if the time period w extended. McMillan asked how many surveys the has re ed. Struve indicated he has received three or fo s 11 as a few that were handed in at the last meeting on Navarre but that he has not checked wit e City recently. Loftus stated the City Clerk indic d she has received 12 s eys online. Printup commented he is py to see the brush site was opened an at he would encourage the Council to consider having a ye -round City brush pile. Loftus noted sh id discuss that with the Public Works Department today an only available spot on the City Hal mpus is near a wetland and the ground is too wet. At this time the ' does not have another s' to locate it on and the issues associated with it would be whether it would left open and unma d and how much debris would be accepted. Loftus stated if the City chose a site is not loc d on the City's campus,they would probably end up with residents from other areas as 1 as ntractors dumping at the site. Page 13 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 14,2014 7:00 o'clock p.m. (7. #14-3674 LORI GHER ARDI ON BEHALF OF WOLVER TON PI,ACE,LLC—4570 WOLVE ONPLACE—CONSERVATION EASEMENT VACATIONontinued) Curtis indicated sh ould forward the draft resolution to Mr. Stephenson so he can review it prior to the next City Council mee Gaffron stated he would also beh4Tpy to sit down with the applicant and work through the numbers. Printup asked if he is okay with the vacation request. Stephenson stated he is and that he just has a pro em with the fee reimbursement. Mattick stated the approval of the-vacation should be 6i tioned upon the fee reimbursement. Levang moved,Anderson seconded,Application No. 14-3 6i�Iqori Gherardi on behalf of Waterton Place,LLC,4570 Wolverton Place,to direct Staff to draft a reso on approving the vacation of the conservation easement located at 4570 Wolverton Place,subject t 4,820 being reimbursed to the City. VOTE: Ayes 4,Nays 0. 8. JOSEPH CHURCH—4440 FOREST LAKE LANDING—ENCROACHMENT AGREEMENT Curtis stated the applicant approached the City in June of 2013 with a request for permission to conduct some maintenance improvements and minor changes to the driveway and sidewalk access to his property which are located entirely within the City right-of-way. At that time the applicant was requesting approval to expand the driveway and reconstruct the stairs and sidewalk that access the home. The applicant indicated that he would be agreeable to the future removal of the deck/patio and also entering into an encroachment agreement. The apoljnt was instructed to provide a plan for the desired improvements. Curtis stated since that time,the applicant has provided a survey for the property and has revised his request. At the present time the applicant isnot requesting approval for any expansion of hardcover but is proposing to rebuild the stairs and sidewalk and driveway in the same footprint as existing. In addition, he intends to re-grade the side yard so that the retaining walls on the east side of the driveway can be removed. The lower grading would allow for two vehicles to park in the driveway and accommodate the vehicle doors opening without actually enlarging the driveway footprint. The driveway would be replaced in-kind. Curtis noted the stairs, deck and retaining walls under the deck would remain at this time. The applicant is amenable to re-evaluation and removal of the deck at a later date. However,the driveway and sidewalk projects have a higher priority as the failing driveway, sidewalk and stairs are causing water to enter the home. Curtis noted that Planning Staff and the City's Consulting Engineer, Brian Simmons,have visited the site to review the proposed work. Technically a permit does not apply as the work will be conducted within the City right-of-way,but an encroachment agreement, erosion control escrow and plan will be required. Page 14 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 14,2014 7:00 o'clock p.m. (8. JOSEPH CHURCH—4440 FOREST LAKE LANDING—ENCROACHMENT AGREEMENT, Continued) Curtis noted that Staff is agreeable to allowing the grading, removal of the east retaining walls,the reconstruction of the sidewalk, stairs and driveway subject to the property owner entering into an encroachment agreement addressing all other items located within the right-of-way. The encroachment agreement will need to be revised at the time the property owner intends to address/remove the deck and retaining walls. Curtis indicated that the City Council should provide direction to Staff regarding entering into an encroachment agreement for maintenance,reconstruction and/or removal of the right-of-way encroachments. Curtis noted Mr. Church has removed the sidewalk to stop the water from entering his home. Curtis displayed photos of the property. Curtis stated by removing the walls,two cars would be able to park in the driveway and open their doors. Anderson asked if this is an unmarked fire lane. Curtis indicated the area is somewhat steep and would be slippery if the grass is wet. Curtis pointed out the area in the landscaping that is open and allows pedestrian access down to the lake. Printup asked if the flag is in the right-of-way. Curtis pointed out the edge of the wall that surrounds the flag and that based on the survey,the flag pole itself is not within the fire lane. Levang asked if the area is marked at all as a fire lane. Curtis stated there are some monuments located near the property lines. Anderson stated the area looks very residential and that she personally would like to make the area more accessible to the general public by,marking it. Anderson stated she would be very hesitant to walk down on what appears to be someone's private property in order to access the fire lane. Bremer stated this is pretty consistent with a number of the City's other fire lanes. Anderson stated she remembers sitting on the Park Commission when they were discussing marking some of the fire lanes and that the discussion revolved around how marking the fire lanes could create a problem in some situations. Anderson stated the City Council has an opportunity with this request to more clearly mark the fire lane. Bremer stated the City always has the right to do what they want with the fire lane and that this might be something for the Park Commission to look at. Printup stated removal of the wood retaining wall is a fantastic idea. Page 15 of 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 14,2014 7:00 o'clock p.m. (8. JOSEPH CHURCH—4440 FOREST LAKE LANDING—ENCROACHMENT AGREEMENT, Continued) Mattick stated one item left out of the resolution inadvertently was the existing deck and that he would recommend that be added to the encroachment agreement. Mattick stated he reviewed the proposed work and not the survey. Levang noted there are two decks. Curtis stated the deck on the back of the house is located on their property. Mattick stated it would be the bigger deck which is off to the left and should be included in the encroachment agreement. Mattick stated if the City needs to ever access that area,the deck would need to be removed. Levang noted Staff's report says that all of the encroachments should be addressed with the encroachment agreement and that she would like all the encroachments clearly stated. Curtis stated based on the survey,they could label and add the individual wall areas. Mattick stated the survey perhaps should be referenced rather than the work plans since the work plans do not address all of the encroaching items. Levang asked as far as Council Member Anderson's thoughts regarding the flag pole,whether that would be a different issue. Mattick stated he does not believe the pole itself is in the fire lane but that the retaining wall probably is. Mattick noted Mr. Church could not sign off on the flag pole and retaining wall since they are located on a different property. Joseph Church had nothing to add to Staff's report. Mattick stated the resolution will come before the City Council at its next meeting 9. COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT—RESOLUTION NO. 6422 Mack stated Hennepin County has requested the City of Orono enter into a three year joint Cooperation Agreement as a partner with Urban Hennepin County Community Development Block Grant Program. Mack noted the City has not been an active partner as a recipient of funding for housing programs over the past three year contract term. It is Staff's recommendation the City enter into the agreement in order to preserve the City's options in the event a need arises in the future. Mack stated future redevelopment planning efforts for the Navarre area may be a potential consideration. Page 16 of 19 Item Description: Joe Church—4440 Forest Lake Landing—Encroachment Agreement Application Summary: Joe Church initially requested permission to conduct some maintenance improvements and minor changes to the driveway and sidewalk access to his property at 4440 Forest Lake Landing which are located entirely within the City right-of-way in June last year. At that time Mr. Church was requesting approval to expand the driveway to accommodate two vehicles and reconstruct the stairs and sidewalk which access the home. Mr. Church had the property and adjacent right of way surveyed and is before you with a revised request. He is not requesting approval for any expansion of hardcover; he would like to re-build the stairs and sidewalk which access the home and reconstruct the driveway in the same footprint as existing. He would like to re- grade the side yard so that the walls on the east side of the driveway can be removed allowing for two vehicles to park in the driveway and accommodate the vehicle doors opening without actually enlarging the driveway footprint. The deck and retaining walls under the deck would remain at this time. He is agreeable to removal of the deck at a later date. However the driveway and sidewalk projects have a higher priority as the failing driveway, sidewalk and stairs are causing water to enter the home and need to be addressed first. Planning Staff and the City's consulting engineer, Brian Simmons,visited the site to discuss Mr. Church's plans. Technically a permit doesn't apply as the work will be conducted within the City ROW, however an encroachment agreement, erosion control escrow and plan (Exhibit F)will be required. Staff Recommendation Staff is agreeable to allowing the grading, removal of the east walls, the reconstruction of the sidewalk, stairs and driveway conditioned on the property owner entering into an encroachment agreement addressing all other items located within the City ROW. COUNCIL ACTION REQUESTED er was unexpectedly unavailable to attend tonig s mee in ever Council should provide direction to staff regarding t e encroachment agreement or maintenance, reconstruction and/or removal o the RO encroachments. rco �C CCC- G( ►' V t C `�l I F V1, r 1 N 71"09'Uu , 133.25 � 1 � BRICK BORDER D2. \ \ CHIMNEY 24.7 I 10 I I I BRICK BORDER I I I W M I 24.0 oEXITING 5.9 \ 24,.M 2 MAPtE A HOUSE II \ # 4440 1po \\ \� EL GAR GE EV-944.500R .1. 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