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HomeMy WebLinkAboutCouncil Minutes 07142014 Encroach Agrmt MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,July 14, 2014 7:00 o'clock p.m. (7. -3674 LORI GHERARDI ON BEHALF OF WOL VERTONPLACE, LLC—457 WOLVER TO CE—CONSER VA TION EA SEMENT VACATION, Continued) Curtis indicated she would for d the draft resolution to Mr. Stephenson so he review it prior to the next City Council meeting. Gaffron stated he would also be happy to sit down ' the applic 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 m with the fee reimburse nt. Mattick stated the approval of the vacati should be conditioned upon the fee reimbu ent. Levang moved,Anderson se ded,Application No. 14-3674,Lori Gherardi on behalf of rton Place,LLC,4570 Wolve n Place,to direct Staff to draft a resolution approving the vacation o the conservation ea ent located at 4570 Wolverton Place,subject to $4,820 being reimbursed to the City. VO 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 applicant 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 is not 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 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT—RESOLU O. 64 Mack stated Hennep my has requested the City of Orono enter i three year joint Cooperation Agreement as a partner with ennepin County Communi evelopment Block Grant Program. Mack noted the City has not been an ac rtner as a re ' lent of funding for housing programs over the past three year contract term. It is Staff s recommendation the City e into the agreement in to preserve the City's options in the event a need arises in the futur . ack stated future redevelopment ning efforts for the Navarre area may be a potential cons' ration. Page 16 of 19