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HomeMy WebLinkAbout07-09-2007 Council Minutesyt • U • 1* ROLL MINUTES OF THE ORONO CITY COUNCIL MEETING Mondat, July 9, 2007 7:00 o'clock p.m. The Orono City Council met on the above- menti( James White, Council Members Lili McMillan, ( Mattick. Representing Staff were City Adminisb Planners Evelyn Turner and Melanie Curtis, City Council Member Jim Murphy was absent. Mayor White called the meeting to order at 7:00 CONSENT AGENDA 1. APPROVE /AMEND Items 10, 11, 13, and 14 were added to the Consen date with the following members present: Mayor da Bremer, and David Rahn; City Attorney Soren Ron Moorse, Planning Director Mike Gaffron, ineer Tom Kellogg, and Recorder Jackie Young. followed by the Pledge of Allegiance. Agenda. Bremer moved, McMillan seconded, to appro4the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETIG OF JUNE 25, 2007 Bremer moved, McMillan seconded, to approve the minutes of the June 25, 2007, Regular City Council meeting as submitted. VOTE: Ayes 4, ays 0. II RECOGNITION 3. LIFESAVING AWARD PRESENTED TO TAYLOR ADAMS — RESOLUTION NO. 5636 1 Correy Farniok, Orono Police Chief, stated on June26, 2007, Taylor Adams heroically rescued her grandmother from a fire at her house. Mayor White presented Taylor Adams with the Lif (saving Award on behalf of the City of Orono. Rahn moved, Bremer seconded, to adopt RESOLUTION NO. 5636, a Resolution Commending Taylor Adams for her Efforts in Relation to a Fire in the City of Orono. VOTE: Ayes 4, Nays 0. P �1of15 i EO MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. PUBLIC HEARING — 7:05 P.M. , 4. DAKOTA RAIL CORRIDOR DRIVEWAY EASEMENT — ASSESSMENT HEARING Mayor White opened the public hearing at 7:08 p.m. Moorse stated tonight is the assessment hearing for the seven properties located on Crystal Bay Road that have access to their properties from a driveway at the rear of their properties. The driveway is on the Dakota Rail Corridor right -of -way, which is owned by the Hennepin County Regional Railroad Authority. The HCRRA has agreed to provide an easement for the driveway to the City at a cost of $84,875. This cost would be assessed to the benefiting property owners over a 15 -year period. Gaffron illustrated on the overhead the location of the driveway along the Dakota Rail Corridor. White inquired whether there are any structures that lie within the easement area. Gaffron stated there are some structures that could possibly extend right up to the corridor but that he is not aware of any structures that are actually located within the right -of -way. Bill Wolfe, 3255 Crystal Bay Road, stated he has resided on his property for approximately 40 years and that the road was existing at the time he purchased the property. Wolfe stated in his opinion this is a reasonable solution to the problem and encouraged the City Council to adopt the resolution. is Mark Prueter, 3215 Crystal Bay Road, stated he has resided on his property for 15 years and that they • have used this driveway during that entire time. Prueter inquired whether the City has investigated the right of adverse possession. Prueter noted at the time his neighbor rebuilt his garage a few years ago, he was given permission to construct the garage off of the roadway. Prueter questioned how the City of Orono could have provided a permit for the garage if the property owners did not have legal access to the roadway. Prueter stated he would like to see the City contribute to the cost of the easement since many of the affected homes were built with the idea that they had legal access via the roadway. Mattick stated as it relates to adverse possession, in Minnesota a public or private entity or individual cannot have adverse possession of government -owned property regardless of the use the property has been put to. Mattick stated he is not totally familiar with the City's permit review that is done at the time of an application, but that to his understanding the City does not do a thorough review at the time a building permit is issued to determine who has rights to the driveway or road. Prueter inquired whether there would be some responsibility on the part of Orono to do such a review prior to granting a permit. Mattick stated he is not sure where the responsibility would lie on that. Mattick stated the primary focus of the application would have been to look at the structure and the City typically would not do a title search on what appears to be a public road that has existed for a number of years. White noted there is an alternate corridor that could be utilized in the event the Dakota Rail ever decides to use the easement at some point in the future. Mayor White closed the public hearing at 7:18 p.m. PAGE 2 of 15 • t� • • • ORONO CITY 7:00 (4. DAKOTA RAIL CORRIDOR DRIVE Continued) McMillan inquired whether the City has received' Moorse stated to his knowledge the City has not D ES OF THE OUNCIL MEETING July 9, 2007 clock p.m. YEASEMENT — ASSESSMENT HEARING, objections from any of the seven property owners. any objections to the assessment. White thanked the property owners for attending tonight's meeting and stated he is thankful the situation has been resolved. a. ADOPT ASSESSMENT ROLL,— RESOLUTION NO. 5638 McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5638, a Resolution Adopting the Dakota Rail Driveway Easement Assessment Roll. VOTE: Ayes 4, Nays 0. b. APPROVE ACQUISITION OFEASEMENT FROM HENNEPIN COUNTY McMillan moved, Rahn seconded, to approve the acquisition of the driveway easement from the Hennepin County Regional Railroad Authority fat a cost of $84,875.00. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS — Jaye Ann Zullo stated she had nothing to report PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 5. #07 -3266 VOGUE ICF HOMES ON Bl MILBRATH, 1404 BALDUR PARK ROAD — John Vogstrom, Vogue ICF Homes, was present. Turner stated the applicant is requesting lot width being requested to allow 16.07 percent hardcover and 43.68 percent hardcover in the 75 -150 foot zc .YE ANN ZULLO, REPRESENTATIVE would be available for questions. OF KAREN AND BENJAMIN '4CE d lot area variances. A hardcover variance is also the south 0 -75 foot zone when 0 percent is allowed when 25 percent is allowed. Council tabled this application on June 11 and directed the applicant to resolve the drainage issues. Those issues have been resolved. The applicant will create swales along the side property lines from the street yard to the lake yard. In the lake yard the swales merge toward the center of the lot and continue to the lakeshore. This arrangement will facilitate drainage of the lakeshore yard of the property to the west. PAGE 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. 4 (5. #07 -3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRA TH, 1404 BALDUR PARKROAD, Continued) Turner stated the design of the house has also been changed since June 11''. Turner stated the roof of the new design cannot be neatly categorized. The center 12 feet is virtually flat and on either side of the residence is a pitched roof. There are two shed dormers on each side. The east side has a third shed dormer located over the stair. Staff was unclear how to measure the defined height of the property roof. Under the builder's interpretation of the City's building height requirements, he measured the height of the structure at 30 feet by using the pitched roof definition. If the roof is considered a flat roof, then the defined height (existing grade to cornice) is 32 feet, which is two feet more than the maximum. If the roof is considered a pitched roof, then the defined height (existing grade to half -way between the highest point of the roof and the top of the highest window) is 30 feet. Staff recommends measuring the height of the building as a flat roofed building. Turner stated height is a way of regulating mass and that the mass of this building is greater than that of one with a gable roof. The proposed roof is similar to a mansard roof but with gable ends rather than a pitched roof on all four sides. If this were a mansard roof, the height would be measured to the flat portion of the roof. The Planning Commission on April 16, 2007, voted 5 to 1 to recommend approval of the variances subject to the house being moved south to comply with the average lakeshore setback. The applicant has revised the site plan and now satisfies this condition. • The new design includes four more dormers than the prior design, which does not comply with the • direction given to the applicant by the Planning Commission. The original design included dormers and all but the one dormer over the stairway were removed at the request of the Planning Commission to reduce the mass of the building. Staff recommends the applicant return to the prior design. Bremer requested the language on page two of the Planners Report regarding the change that is needed to satisfy the definition of half -story be clarified. Turner pointed out the dormer over the center of the house and noted that the maximum height of a side wall can only be three feet. In order to be defined as a half story, the side wall can only be three feet. The proposed wall is six feet, which would need to be lowered. Bremer inquired whether the plans satisfy the other requirements of the half -story ordinance. Turner stated it does. Rahn commended Staff for their review of the hardcover on this lot and the neighborhood, and that he would not be opposed to the lot area, lot width, and hardcover variances. Rahn stated he is not in favor of the style of the house given the amount of massing on the site. Rahn stated in his opinion the height should be measured from the flat area of the roof. Bremer inquired why this is not considered a fancy mansard roof. Turner stated technically a mansard roof has to have the pitch of the roof going all the way around it and that technically this is not a mansard roof. • PAGE 4 of 15 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Mondays, July 9, 2007 7:00 o?clock p.m. (5. #07 -3266 VOGUE ICF HOMES ON 1404 BALDUR PARKROAD, Continued) Rahn stated technically a mansard roof has two s appearance of a three -story house given the style McMillan stated in her opinion it is a flat - roofed City's height limit. OF KAREN AND BENJAMIN MILBRA TH, es on top. Rahn commented the structure has the the roof. and as such, it is too high and does not meet the White concurred that the style of the roof does add'to the massing. White noted the applicant was directed by the Council to reduce the hardcover to less than 35 percent, which has not been done. Vogstrom noted the house has been pushed back fi square feet of hardcover out of the driveway. Vog; square feet and that he has attempted to reduce the he has attempted to comply with the City's directic feet further from the lake, which only eliminated 40 >m noted the size of the footprint is minimal at 1805 rdcover as much as possible. Vogstrom commented but that he is limited with what he can do. Vogstrom noted the center dormer is over a stairway and that he needs the six -foot side wall to allow access to that story. Vogstrom indicated he wouldbe willing to reduce the size of the other dormers and look at lowering the roof. McMillan stated the design of the structure is up to the applicant and that the Council has given the applicant direction on what they would like to see as it relates to hardcover and massing. Bremer noted there is another house in the City thai had a similar problem with the dormers and that their stairs were located more in the middle of the house rather than on the outside. Rahn stated he would like to see some changes from the fascia to the peak of the roof. Rahn stated it is apparent that the applicant wants to max out the upper level, which adds to the massing. Vogstrom stated he, would revise his plans to better 'comply with Council's direction Bremer thanked the applicant for resolving the drainage issues. Rahn stated in his opinion the two 0 -75 foot zones does create a hardship on this lot. Vogstrom noted the lake is on both sides of the property, which does create a hardship. White inquired whether a patio is planned for the one end of the house. Vogstrom stated there is not and that those are simply two picture windows. Bremer commented that massing on a lot creates a lot of issues ranging from visual impact to water runoff and that the applicant will need to look at how to reduce the mass of the structure. Rahn moved, McMillan seconded, to table Application #07 -3266 Vogue ICF Homes on behalf of Karen and Benjamin Milbrath,1404 Baldur Park Road. VOTE: Ayes 4, Nays 0. PAGE 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. • (5. #07 -3266 VOGUE ICF HOMES ON BEHALF OF KARENAND BENJAMIN MILBRATH, 1404 BALDUR PARKROAD, Continued) Jeff Uklu, 1416 Baldur Park Road, noted this is the third meeting he has attended with regard to this application and that in his view the builder has not addressed the issues adequately. Betsy Nusbaum, 3480 North Shore Drive, thanked the Council for their efforts on the other two houses on Baldur Park Road that were constructed recently and encouraged the builder to take a look at those homes and attempt to construct a house that is similar in character to those two homes. Bremer stated this house is allowed 1500 square feet or 15 percent lot coverage, whichever is greater, and on this lot the builder would be entitled to 1850 square feet. Bremer noted this proposed house is 1805 square feet. Kristie Anderson, 1408 Baldur Park Road, thanked the builder for his efforts to address the drainage issues and noted that the builder did reduce the hardcover slightly. Anderson noted the Planning Commission did request the applicant eliminate the dormers, but commented that the dormers are now bigger than ever. 6. . #07- 3280/3281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE — VARIANCES John Vogstrom, Vogue ICF Homes, was present. • Turner stated the applicant is requesting lot area and lot width variances to allow construction of two new, identically sized residences on adjacent lots. In addition, the applicant is also requesting a hardcover variance of 29 percent in the 75 to 250 foot zone when the maximum is 25 percent. On June 11'', the City Council tabled the application to allow further correction of the grading/drainage plan and separation of the driveways to reduce hardcover. The grading/drainage plan is now acceptable to the City Engineer. The driveways have been separated. Turner noted the minutes from the prior hearing indicate that she used the phrase "shared driveway ", which created the false impression that separating the driveways would reduce hardcover by 125 square feet. The surveyor indicates there is no reduction in hardcover by separating the driveways. The shared portion of the driveways was only 12 feet wide and the individual portions of the driveway had to be enlarged to provide maneuvering room. Turner stated in order to accomplish the reduction in hardcover that she referred to, what would be required would be to redesign the house so the garage is basically straight on, which would result in a reduction in the amount of hardcover. Turner noted a table is included in the Planner's Report regarding possible hardcover reductions. The Planning Commission voted 5 to 0 to recommend approval of the lot width and lot area variances subject to certain conditions and approval of the hardcover variances. Turner noted an engineer with Bonestroo visited the site to look at the lakeside retaining wall and deck system at 1348. The engineer recommends allowing the retaining walls within the 0 to 75 -foot zone to is PAGE 6 of 15 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING onday, July 9, 2007 7:00 o'clock p.m. (6. #07- 328013281 VOGUE ICF HOMES, AND 1350 REST POINT CIRCLE, Continued) remain and only requiring removal of the steps and decks. It would be difficult to stabilize the slope if the walls were removed. Staff recommends approval of the lot width, lot area, and hardcover variances as requested plus additional hardcover variances for the retaining walls in the 0 to 75 foot zone. McMillan commented it is more aesthetically Vogstrom stated the problem is that the house car, is already located two feet below the road and the Vogstrom stated he was directed by Staff to atterr. would look at whether he is able to reduce the har Denny Walsh, 1354 Rest Point Circle, stated then address, which included the drainage, the drivewa relating to the number of homes in the neighbonc( noted the house at 1342 is currently for sale and v the neighborhood that will likely be torn down in lots would be compared to these two lots and expi percent limit on these lots would become the new Deanne and Mark Altenhofen, 1342 Rest Point C application. Mrs. Altenhofen noted her main cor that the City Engineer has reviewed all of those i plan. Currently their property does not have any Altenhofen indicated she is in agreement with DE continue to creep up. McMillan inquired whether there are docks Mrs. Altenhofen stated it is her understanding Mr. Altenhofen expressed a concern regarding the City Engineer Kellogg demonstrated the flow of th directed down some swales and should not flow or applicant is limited in what he can do with the drai Kellogg stated the velocity of the water would be r Rahn inquired why the slopes are being sloped out Kellogg stated he would need to look at more the other way. Bremer expressed a concern that the City is loop than requiring each lot to control its own runoff. to not have the garage facing the street. t be located any closer to the road because the garage )pe for the driveway would become too steep. to keep the hardcover below 30 percent but that he ever any further. were three items that the builder was directed to and hardcover. Walsh stated he has a concern )d that are likely to be torn down in the future. Walsh 11 be torn down and that there are four other homes in ie future. Walsh commented the new homes on those ;ssed concern that the hardcover in excess of the 25 Lorin for the neighborhood. , addressed the City Council regarding this relates to the drainage and that her assumption is since he has approved the drainage and grading cage issues. As it relates to the massing, Mrs. Walsh that the massing on the lots in this area will located at these lots. would be a lift. runoff as proposed, noting that the water is being the neighboring property. Kellogg noted the ige as it gets closer to the shore given the steep slope. iuced by the swales as it flows closer to the shoreline. than in. led plans to determine whether they could be sloped i g at these two lots combined for the drainage rather PAGE 7 of 15 MINUTES OF TEE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. • (6. #07- 328013281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE, Continued) Kellogg stated it is beneficial that the two lots are being developed at the same time because it allows the swale to be centered down the two properties. Turner noted the swale would also be located within an easement, which would prohibit the property owners from altering the swale. David Boise, 1360 Rest Point Circle, stated he can attest to the large amount of water that comes down the hill but that he feels his runoff concerns have been handled. Boise expressed a concern regarding the massing on the lot. Vogstrom stated the homes that are being proposed are not large homes and only have a small two -car garage. Vogstrom noted that both homes are two and a half feet lower than the road, which helps to reduce the appearance of massing. McMillan inquired whether these two homes are identical on the exterior. Vogstrom stated they are two different style homes with different interior layouts. Vogstrom noted the only similarity is the angled garage on each home. Turner noted the two homes also have different rooflines. Vogstrom stated he would take care to make sure that the two homes are not too much alike and pointed • out that the dimensions of the homes are different. Denny Walsh stated at the last City Council meeting one of the issues is the amount of hardcover, which has not been addressed. White stated the Council would be discussing that issue in a few minutes. McMillan inquired about the docks. Vogstrom stated there are docks currently located on the properties and that there will probably be two lifts installed. No final decision has been made on that item. Turner stated currently each lot has a set of steps and that both sets of steps are currently unsafe and would need to be replaced. McMillan expressed a concern that docks will be installed at some point in the future as well as a deck and a platform. McMillan stated she would like that issue clarified now rather than having to address it at some point in the future. Turner staed 1348 has a set of wood steps which are decrepit and could be replaced according to city code. The steps at 1350 are a little more problematic because they shift over and are somewhat built in the slope. The decks at 1350 will need to be removed. Vogstrom stated he is willing to install a lift on each property and remove the steps. is PAGE 8 of 15 n i • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 i'clock p.m. (6. #07- 328013281 VOGUE ICF HOMES, I Turner inquired whether the City could restrict AND 1350 REST POINT CIRCLE, Continued) construction of steps if there is a lift installed. Mattick stated the City can restrict the steps since this is a variance. Bremer stated to her knowledge the lift power outage. Curtis stated another option would be a generator.' always install a set of side steps in the event of a Bremer stated she is in agreement with the separate' driveways. Vogstrom stated he did look at the separate driveways and that they could put a small grassy area in between the two driveways. Rahn inquired whether the slope has already been Vogstrom stated it has been. Vogstrom stated he Bremer stated she would like to see the hardcover Rahn stated he did not anticipate a great deal of the driveways. look at reducing the hardcover further. to at least 26 percent. in the hardcover because of the separation of Turner noted one percent equals 90 square feet and that to get to the 25 percent hardcover, the size of the house would need to be reduced. Turner pointed out the footprint for the house on 1350 is 1344 square feet and the garage is minimal. I Bremer commented she does not see a hardship for the hardcover variance. Vogstrom stated straightening out the garage and re ducing the driveway would not result in that great of a reduction in the hardcover. Turner inquired how high the driveways could be Gaffron stated the garage could be raised a foot Vogstrom stated the garage at 1348 is set two feet difficult to raise the driveway. it would result in the slope being over ten percent. the elevation of the road, which makes it Turner stated if the garage is pulled in closer to the slope, it would become less of an issue. Turner illustrated the bottom of the slope on the overhead and noted that the garage could possibly be raised a foot. Walsh stated in terms of the garage, the applicant is allowed two car garages on each lot and that he was only allowed one two -car garage on his one lot, which equals the size of these two lots. P. 9of15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. • (6. #07- 328013281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE, Continued) McMillan noted each one of these lots is considered buildable by the City and that they are entitled to a garage. White recommended the hardcover be reduced to 27 percent. McMillan noted both lots are below the structural coverage limit. Vogstrom stated he will create a footprint for the first floor and that he will reduce the hardcover as best he can. Turner stated there is a basement being proposed with two stories on both lots and that the second story wall is not a full height wall. McMillan inquired how high the structures are. Vogstrom stated they are at the 30 feet height maximum. Turner noted the height of the structure is being measured from below street level. Vogstrom reiterated he will reduce the hardcover as best he can. Rahn moved, Bremer seconded, to table Application Nos. 07 -3280 and #07 -3281, Vogue ICF • Homes, Inc., on behalf of Tom Parker, Inc., 1348 Rest Point Circle and 1350 Rest Point Circle. VOTE: Ayes 4, Nays 0. *7. #07 -3284 SHARRATT DESIGN ON BEHALF OF TOM AND KRISTEN RITCHIE, 2507 KELLY AVENUE — VARIANCES AND CONDITIONAL USE PERMIT — RESOLUTION NO. 5639 Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5639, a Resolution Granting Variances and a Conditional Use Permit for the Property Located at 2507 Kelly Avenue. VOTE: Ayes 4, Nays 0. 8. BENJAMIN SACHS FOR DRK FAMILY ASSOCIATION, 2523 KELLY AVENUE — VARLANCE Benjamin Sachs, Applicant, was present. Turner stated the applicant is requesting a hardcover variance to allow 36.78 percent hardcover in the 75 to 250 foot zone when 38.16 percent exists and 25 percent is allowed. The variance would allow the applicant to enlarge and connect the two lakeside decks. 0 PAGE 10 of 15 • • C] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. (8. BENJAMIN SACHS FOR DAK F, Continued) The Planning Commission recommended denial I proposal to reduce the amount of hardcover by rel driveway, and reducing the size of the deck. Staff also recommends denial of the application. YASSOCLITION, 2523 AELLYA VENUE, Sachs stated he has been a practicing engineer for ,a asking for is a 104 square foot addition to the exis�- outlining his positions. 11 Sachs stated at the time he purchased the property had a recent hip replacement and that it is very dif deck, it is necessary for her to go all the way aroui Sachs stated apparently there is 1800 square foot ( hardcover by the City. Sachs stated he did not rea understand everything that was said at the Plannin Council to use some common sense in considerin€ 1800 square feet of plastic but that he would like t difficult to maneuver because of the angle and the would be reduced from 38 percent to 36 percent. White stated 190 feet is not a large number but giv hardcover should be made. on the applicant's unwillingness to redesign the ig the weed control fabric, reducing the size of the Est half a century and that the net gain that he is footprint. Sachs noted he did submit a letter it had a 38 percent footprint. Sachs stated his wife has icult for her to work. In order for her to access the d the house. Fplastic around the house, which is considered ize how important hardcover is and that he did not Commission meeting. Sachs stated he is asking the this application and that he is ready to remove the retain his driveway since his driveway in his view is )oulder wall. Sachs noted the hardcover on the lot McMillan inquired whether the landscape fabric isi Bremer noted the City does not include landscape routinely request property owners to remove it. Turner stated normally landscape fabric is not inch the fabric is included in the hardcover numbers bec original proposal reduces the hardcover to 33 perce fabric, which existed at the time the home was con hardcover. Rahn inquired what square footage of deck the Sachs stated the deck is elevated so there are no pr( double the size of the deck. Sachs noted the added White stated he does not have a major problem hardcover on the lot and it allows access to the McMillan inquired whether the deck can be the size of the footprint, a further reduction in in the hardcover numbers. is in the hardcover calculation but that they in the hardcover calculation but that in this case it is such a large amount. Turner stated the Turner stated the driveway and the weed control ;ted, constitute a large amount of the excess is proposing to add. s with water issues and that he would like to would be over existing hardcover. the proposal because it improves the overall for the applicant's wife, who is handicapped. from the kitchen. PAGE 11 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. (8. BENJAMIN SA CHS FOR DAK FAMIL Y ASSOCL4 TION, 2523 KELL YA VENUE, Continued) Sachs stated it can be accessed from the inside of the house. Sachs noted the front deck does not have enough room for a chair. McMillan stated the front deck is a separate issue. McMillan commented she would be willing to consider an expansion of the bedroom deck but that the applicant appears to be more interested in connecting the two decks. McMillan stated she is not in favor of the large deck being proposed. Rahn stated he is in agreement with Council Member McMillan and that the City typically starts with the removal of the fabric when attempting to reduce the overall hardcover on a lot. Rahn noted the size of the deck would be 58' x 12'. Curtis stated normally applicants' hardcover calculations show landscape and fabric on the hardcover sheet and that Staff removes that from their calculations. Curtis stated every applicant is required to remove the landscape fabric from their hardcover numbers so they are not rewarded for showing a net removal of that amount. While the applicant has a large amount of landscape fabric, if the Council would like to include that as a net reduction, there is a policy resolution in place that requires Staff to show that net reduction. Bremer inquired whether the hardcover can be reduced anywhere else on the property. Turner stated she is basically presenting what the applicant is requesting. Bremer stated there is no reduction being proposed other than the removal of the plastic. Turner stated City's policy requires the removal of the fabric and that the applicant's initial proposal was that he would remove all of the landscape fabric, which was later changed to 400 square feet. Turner stated one of the reasons why Staff is recommending that this application not be approved is because the City could legally order the removal of the landscape fabric today. White inquired whether the deck would go over the solarium. Sachs stated it would be going over the solarium. Turner stated the applicant is adding 300 square feet of deck, with a portion of the deck being placed over rock and plastic. Sachs commented the purpose of the hardcover regulations is to address runoff and that removing the plastic would help that. McMillan stated the plastic should not be there to begin with. Gaffron stated the hardcover limitations basically are in place to protect the lake and to allow the water to soak into the ground. The rock and plastic technically do not allow the water to soak into the ground. Bremer inquired how wide the driveway is at its narrowest point. PAGE 12 of 15 • 1] L� MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 • 7:00 i'clock p.m. LJ (8. BENJAMIN SA CHS FOR DRKFAMILYASSO CIA TION, 2523 KELLYAVENUE, Continued) Turner stated it is wider than 12 feet but that there is a boulder wall along a portion of the driveway that makes it difficult to maneuver. Staff would not recommend narrowing the driveway in that area and that the driveway area up by the house also cannot really be reduced. Turner stated it would be difficult to reduce this property to 25 percent. ;I White recommended the size of the deck be Sachs stated he would like to replace the rotten we if he is not allowed the full deck, he would not be able to reduce the driveway up by the garage becai turnaround is reduced. Rahn stated the two decks could be connected Sachs stated he currently does not have room on White noted it appears that the vote right now is the next council meeting to vote on this applicat Bremer recommended the applicant consider in the Rahn moved, Bremer seconded, to table Applic i Association, 2523 Kelly Avenue. VOTE: Ayes MAYOR/COUNCIL REPORT Mayor White noted there will only be three 9. PROCLAMATION — NATIONAL NIG White noted National Night Out is scheduled for A Bremer recommended Staff put together an inform neighborhoods can participate in this event. McMillan moved, Bremer seconded, to adopt R National Night Out 2007. VOTE: Ayes 4, Nays CITY ENGINEER'S REPORT McMillan inquired whether there is a better way to P at the same time he connects the two decks and that ag forward with the project. Sachs stated he is not he would not be able to access the garage if the a smaller amount of hardcover. decks to entertain. >sibly two to two and that it might be best to wait until when they have a full council present. meantime reducing the size of the deck. lion #07 -3290, Benjamin Sachs for DRK Family Nays 0. C members present on August 27h OUT — RESOLUTION NO. 5637 7, 2007. kit for distribution to the residents on how UTION NO. 5637, a Resolution Proclaiming the roads. 13 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. (CITYENGINEER'SREPORT, Continued) Kellogg stated from a cosmetic perspective, they could blade patch it and then seal coat it so it has a uniform color on the surface, which would add some expense to it. Kellogg indicated a motor grader is on the wish list for the Public Works Department but that it probably will not improve the issues with the patching. Bremer stated one of the issues is that the patching is done while a large number of people are on the roads. Kellogg stated he is unaware of anything that is as cost effective as blade patching. McMillan suggested the City consider upgrading its patching somewhat. Kellogg stated another option would be to mill and overlay the road but noted that is an even more expensive process. Moorse questioned whether an overlay would work without the mill. Kellogg stated if the cracks are not seal coated at the time they do the overlay, the cracks would reflect back through the new surface after a short period of time and it would be a short-term fix. CITY ADMINISTRATOR'S REPORT 0 *10. ACCEPT RESIGNATION OF POLICE OFFICE MANAGER ANNE OTTO Bremer moved, McMillan seconded, to accept Anne Otto's resignation effective July 6, 2007. VOTE: Ayes 4, Nays 0. *11. REQUEST TO PROMOTE JESSICA WERDER TO OFFICE MANAGER Bremer moved, McMillan seconded, to promote Jessica Werder to the position of Police Office Manager at the rate of $19.80 an hour (Step 3). VOTE: Ayes 4, Nays 0. 12. RESTRUCTURING OF PLANNING & ZONING DEPARTMENT White moved, Bremer seconded, to table Item No. 12, Restructuring of Planning and Zoning Department. VOTE: Ayes 4, Nays 0. *13. METRO TRANSIT PARK AND RIDE GRANT APPLICATION — RESOLUTION NO. 5640 Moved, seconded, to adopt RESOLUTION NO. 5640, a Resolution in Support of the Metro Transit Application for a Congestion Mitigation and Air Quality Grant for a Park and Ride Facility at the Southwest Quadrant of Highway 12 and County Road 6. VOTE: Ayes 4, Nays 0. • PAGE 14 of 15 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monda, July 9, 2007 7.000 'Clock p.m. CITY ATTORNEY'S REPORT None *14. LICENSES & PERMITS SPECIAL EVENT 1. Applicant: Minnetonka Community ] Event: Tour de Tonka (bike to& Location: Lake Minnetonka area Date: Saturday, August 4, 2007 Time: Begins at 7:30 a.m. at Deg 2. Applicant: Alicia Northey Event: Wedding Reception and T Location: 998 Wildhurst Trail Date: Saturday, July 14, 2007 Time: 7:00 p.m. — Midnight, mu Bremer moved, McMillan seconded, to approv e *14. BILLS Bremer moved, McMillan seconded, to approve 4, Nays 0. ADJOURNMENT Bremer moved, McMillan seconded, to adjourn 9:45 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk Litfin event) ven Education Center is from 8:00 p.m. — Midnight the above licenses. VOTE: Ayes 4, Nays 0. of the All Funds Account. VOTE: Ayes Orono City Council meeting of July 9, 2007, at A,-i--�� /� , e�jlz�; Yes M. White, Mayor PAGE 15 of 15