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HomeMy WebLinkAbout09-12-2011 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 • 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above mentioned date with the following members present: Mayor. Lili Tod McMillan, and Council Members Cynthia Bremer, Doug Franchot, Aaron Printup, and David Rahn. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, City Clerk Lin Vee, Assistant Administrator of Long -Term Strategic Planning Mike Gaffron, Planning Coordinator Melanie Curtis, City Attorney Darren Amundsen, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:02 o'clock, followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 3, 8, 12, and 16 were added to the Consent Agenda. Bremer moved, Franchot seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES • *2. COUNCIL WORK SESSION OF AUGUST 22, 2011 Bremer moved, Franchot seconded, to approve the minutes of the Orono City Council Work Session of August 22, 2011, as submitted. VOTE: Ayes 5, Nays 0. *3. REGULAR COUNCIL MEETING OF AUGUST 22, 2011 Bremer moved, Franchot seconded, to approve the minutes of the Orono City Council meeting of August 22, 2011, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 4. HENNEPIN COUNTY COMMISSIONER JEFF JOHNSON Commissioner Jeff Johnson addressed the Orono City Council regarding the activities of Hennepin County for the upcoming year. The budgeting process will start next month. The County Administrator has requested most department heads present a budget with around a 4 percent cut. Overall the budget is expected to have a 1 to 2 percent decrease from 2011. Johnson indicated tomorrow the maximum levy will be set. There currently are three levies in Hennepin County, which includes a general levy, a rail authority levy, and a housing levy. The proposals from the administrator will be a one percent increase for the general levy, a 0 percent increase for the housing .levy, and a 17 or 18 percent increase for the rail authority levy. Johnson noted he will move to amend both of the two increases to zero percent but that he is not sure whether that will be approved. Johnson noted the homestead credit will be eliminated by the state. Homeowners with a valuation greater than 420,000 or 430,000 will see an increase in their property taxes even if the other taxing authorities keep their levies at a zero percent increase. Page 1 of 28 n . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. • (4. HENNEPIN COUNTY COMMISSIONER JEFF JOHNSON, Continued) Johnson stated another issue that has been discussed in the past few months has been the overall transportation vision for the county. Johnson indicated he does have some concerns with the direction the discussion has taken because there has been a significant increase in focus on forms of transportation other than roads. While we need multiple modes of transportation, the majority of the growth is not focused on roads. Johnson stated in his view Hennepin County needs to make sure the proper investment is made to upgrading roads. Rahn asked whether the CCLRT is on time and on budget. Johnson indicated they will be receiving an update tomorrow on that project but that he anticipates they will be asking that their contingency budget be spent on the purchase of additional rail cars. Johnson stated to his knowledge everything is on schedule. McMillan asked whether the budget for the water patrol will remain the same, for 2012. Johnson indicated he is not sure at this point and that generally the sheriff's office asks for a 1 percent increase each year. The sheriff s office and county attorney will likely not see a cut in their budget. Printup asked what he anticipates for municipalities as it relates to the homestead credit. Johnson stated he is not sure what can be done by the cities other than knowing what the impacts will be • before the change goes into effect. The estimates were predicting a 3 to 5 percent increase at the state level and that local and county increases would be in addition to that. Johnson stated it is important that the constituents understand where the increases are coming from. McMillan noted that Orono is one of nine cities who have a commercial organics recycling program. Orono received a $25,000 grant from Hennepin County a couple of years ago. McMillan stated Orono appreciates the help from the county in getting the program implemented. Orono will also have a prescription medicine pickup coming up in October. Johnson stated the prescription pickup is a partnership between the county and the sheriff's office. McMillan noted the environmental division also puts out the buoys on Lake Minnetonka. Johnson commented the further you go west, the less attention the various municipalities receive from the County since the majority of the challenges are in the downtown area. Johnson stated he appreciates the support of the City. McMillan thanked Commissioner Jeff Johnson for his update. LMCD REPORT — ANDREW MCDERMOTT, REPRESENTATIVE Andrew McDermott reported the milfoil harvesting was stopped last week. They have experienced a decrease in the amount of milfoil that was harvested this year, which was likely due to the high water level in the spring, the state shutdown, and the breakdown of one of the harvesters. Page 2 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (LMCD REPORT — ANDREW MCDERMOTT, REPRESENTATIVE, Continued) McDermott stated the one harvester has been declared a total loss by the state and the LMCD is looking at a number of options for controlling the milfoil, such as purchasing a new harvester and/or the use of weevils or additional chemical treatment. The LMCD will receive more money from the insurance company if a new harvester is purchased rather than if it is scrapped. The harvester that capsized was the oldest one in the fleet but the LMCD will only receive approximately half of what a new one costs. McDermott reported the chemical treatment program has concluded this year. The official report will be issued in October. At the present time it is felt to have been relatively successful for St. Albans Bay and Carman's Bay. Gray's Bay could not be treated twice this year due to the high water level. While the LMCD anticipated the chemical treatment to decrease over the years, they have found that in the third yard of the program the milfoil came back with a vengeance based on the findings from Gray's Bay. The Minnehaha Creek Watershed District is interested in becoming more proactive with the exotics on the lake but that partnership has not been discussed in depth by the LMCD at this point. McMillan stated some cities have started resolutions regarding that issue. McDermott stated Shorewood has started that but that it is a very expensive proposition to treat the entire lake. • McMillan asked if the Watershed District has discussed any dollar amounts associated with the AIS program. McDermott indicated they have not discussed any specific figures at this point. McMillan noted the City Council has not had an opportunity to discuss the resolution proposed by Shorewood at this point. PLANNING COMMISSION COMMENTS — LOREN SCHOENZEIT, REPRESENTATIVE Schoenzeit stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Ralph Kempf, 3675 Togo Road, stated he would like to inform the Council of a conversation he had with a gentleman from Hennepin County named Brent Brodag in the survey division. Kempf indicated he asked him about County Road 19 between the rail trail and Livingston Avenue. Brodag reported that the 1982 plat shows memorials on each side of the pavement. Brodag could not guarantee that the striping in the middle of the pavement is the exact middle of the right -of -way but it is very close. There was a concern whether the City would be able to utilize the right -of -way without encroaching on personal property, and it appears that it can be done based on that discussion. Kempf asked whether the City Council has had any further discussions with the Transit Authority, Dakota Rail, or Hennepin County. Page 3 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. U (PUBLIC COMMENTS, Continued) Gaffron stated he has spoken with Bob Byers of Hennepin County who has spoken with Jim Grube. Mr. Grube does not support the location of a sidewalk or a trail in that area. Gaffron indicated he has not had an opportunity for in depth discussions with the other parties. Grube was also not in support of utilizing some of Hennepin County's right -of -way and that there were issues with state aid funding. The bike lane also provides other services, such as for emergency vehicles and cars that break down. Hennepin County has also indicated that for a trail there should be two feet of clear space on either side of the trail in addition to the eight feet. At the present time it appears unlikely that there is even one foot of clear space available on either side of the trail. At the present time Hennepin County is not supportive of doing either a sidewalk or trail and they are not interested in funding the project. Gaffron indicated he has not heard from the Dakota Rail. Kempf commented that the foot traffic will continue to go down the path whether it is safe or not. Rahn stated he is in agreement with Ralph Kempf that it is a safety issue. Rahn noted the Council has not had an opportunity to discuss it more in depth since the City is currently in the process of dealing with the budget. There is a substantial amount of pedestrian traffic down County Road 19 and that unfortunately the pedestrians will not utilize Livingston Avenue. Rahn stated in his view something needs to be done with that stretch of roadway. Kempf stated in his view this is a very worthwhile project as it relates to safety and enhancing Navarre's • business district. McMillan commented the City Council will take another look at this project in the near future. Donna Smith, Gillespie Center, stated that Bus 675 and the Dial -A -Ride services have been lost over the past two years. Since the Senior Community Services lost their contract to Metro Transit; the local senior residents have had a lot of problems going on shopping trips and getting rides to the doctor. The committee has been meeting on this issue and they have recently completed a small brochure regarding WeCab. Smith indicated they are in the process of finding private drivers to take riders shopping, to church, and other places. Transit Link does not go door -to -door and Metro Mobility is very busy in this area. Smith indicated she would like to leave some of the brochures at City Hall for pickup. Smith stated they currently have 20 to 25 drivers as part of the WeCan program. WeCan will carry the umbrella insurance policy and the drivers will be required to undergo a background check. WeCan currently services Mound, Spring Mound, Minnetrista, Navarre, and Maple Plain. They also cover Casco Point, Fagerness Point and North Shore Drive. The drivers will be receiving mileage reimbursement. Mayor Tim Hultmann, Mayor Long Lake, stated he would like to dispel some rumors that he is upset that Long Lake is losing a tenant to Orono. Hultmann indicated that is not true. The City of Long Lake did explore some options to keep JEM Technical in Long Lake but that it was not a winning proposition. Hultmann indicated he does not have any issues with the City of Orono or with JEM and that he wishes all the best to them at their new location. Loren Schoenzeit, 4484 Forest Lake Landing, stated he would like to speak in favor of the fiber optic • project that was discussed by the LMCC. Schoenzeit stated in his view this is probably the most important infrastructure project the Council will have to vote on over the next 50 years. Page 4 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) Schoenzeit stated in his view it is important to show what private industry has provided to this area over the years. Frontier and Qwest provide a couple of megabytes and Mediacom provides coaxial cable. The newer technology stops at Hwy 494. A good majority of the citizens have high speed internet access. This fiber optic project will provide new technology. Schoenzeit noted that most everyone is already spending $30 a month for service but that they are not getting quality service. It is not cost effective for a private industry to go to each residence with the coaxial cable and so it comes back to the City to say that the City is going to deal with all of our citizens and bring them high speed wire for the same money they are already paying. Schoenzeit noted they could use the City's bonding authority to pay for the wire and that they would not be getting in the fiber optic business or taxing people for this service. Schoenzeit stated private enterprise has not met the needs of the citizens in this area and that he would like the City Council to discuss this project further and become educated on the subject. Schoenzeit commented he cannot stress the importance of this project. John Minge, JEM Technical, thanked the City Council for approving his application on the Consent Agenda. Minge commended City Staff for their fine work on his application and stated he is happy he is able to stay in the area and continue to expand. McMillan thanked John Minge for introducing himself and his family to the Orono Council, and wished his company good success. PLANNING DEPARTMENT REPORT 5. RYAN COMPANIES US, INC., 450 AND 550 OLD CRYSTAL BAY ROAD NORTH — DEVELOPMENT AGREEMENT DISCUSSION Casey Hankinson, Ryan Companies US, Inc., was present. Casey Hankinson, Ryan Companies, stated he is here tonight to talk about the 33,000 square foot metal building and the proposal by Staff to demolish the building. Hankinson stated he is requesting an extension until 2020 to allow the building to remain on the property. The building is still a very functional building and it is currently leased to a tenant. If the building is demolished, the tax base will . decrease and there would be a loss of job creation. Hankinson stated he would propose that after 2015, if the building is not leased, Ryan Companies could possibly tear it down in 2016. It is still a very functional building and Ryan Companies would like to keep it. In the original development agreement, the building was to be taken down in August of 2010..The original plan was to upgrade building one, which was done; construct building two, which was done; and then demolish the metal building and construct building three and building four. Due to the economy, buildings three and four have not been constructed and he would like to ask for a five year extension to allow the tenant to stay in the building. Hankinson stated he understands Staff does not want the building to be reconfigured. The use would be light manufacturing or warehouse. Page 5 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (5. RYAN COMPANIES US, INC., 450 AND 550 OLD CRYSTAL BAYROAD NORTH, Continued) McMillan noted she did meet with Casey Hankinson last week to discuss this item and that she suggested he bring forward some proposals to the Council. McMillan noted the Council works hard in creating these ordinances but that in her view at times the government can be flexible, especially in difficult economic times. McMillan stated she does not feel it will negatively impact the City by allowing the building to remain for an extended period of time. Franchot asked what the rationale was for requiring removal of the building in the first place. If the building is still serviceable, Franchot stated he also feels there could be some flexibility. Franchot suggested that if the building is' empty for a year, that could trigger removal of the building. Curtis indicated at the time of the development agreement, the building was connected to Building 1 and they were creating a lot line between the two buildings. The intention of the development was to build out the entire site. Casey Hankinson stated their original plans for the site have changed due to the poor economy and that they were originally agreeable to removing the building in order to improve the appearance of the site. Bremer commented she is fine with the proposal by Ryan Companies. The lot line issue was something that was in the forefront at the time of the original agreement but that it has not caused any problems. Bremer indicated she is fine with extending it to 2020 or demolishing the building if it sits empty for a year. Curtis noted she suggested a couple of options in Staff's report, such as adding restrictions on building permit issuance on maintenance items if the building is to remain past the initial recommended removal date of 2015 and a restriction on the use due to the parking limitations. McMillan stated she would like to make sure the applicant is able to continue to make some improvements to the site. Curtis indicated she does not know the logistics of the building and what changes might be required or desired. Hankinson stated the spirit of the agreement is to allow them to conduct maintenance repairs and/or improvements to the appearance. I Franchot stated in his view the applicant would like the flexibility to make minor interior changes to accommodate a tenant. Hankinson stated he would ask that if it does become vacant for a year, that they be given the flexibility to demolish it in the summer or fall rather than winter. Hankinson stated he is fine with the proposal that if the building is vacant for 24 months, that by July 1" of the following year it would have to be demolished. Mattick indicated Staff can put together an amendment to the development agreement. • Page 6 of 28 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (5. RYAN COMPANIES US, INC., 450 AND 550 OLD CRYSTAL BAYROAD NORTH, Continued) Bremer moved, Rahn seconded, to direct Staff to draft an amendment to the development agreement between the City of Orono and Ryan Companies US, Inc., with the understanding that the building can remain on the site until December of 2020, or if empty for 24 consecutive months, the building would need to be demolished by July Vt of the following year. VOTE: Ayes 5, Nays 0. *6. 11 -3517 PATTI M. HYLEN,1299 WILDHURST TRAIL, VARIANCE — RESOLUTION NO. 6071 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6071, a Resolution Granting a Variance to Municipal Zoning Code Section 78 -330 for the property located at 1299 Wildhurst Trail. VOTE: Ayes 5, Nays 0. 7. #11 -3518 WILLIAM H. KOCH, 3251 CASCO CIRCLE, VARIANCE & CUP William Koch, Applicant, was present. Curtis stated the applicant is proposing to remove an existing porch and construct a new 28'x 11' addition with partial second story on to the rear of the existing home at an 11.7 foot setback. The existing home is set back from the side street lot line along Tonkaview Lane where a 35 -foot setback is normally required. In order to construct an addition, a side street setback variance is required. The proposal will be conforming with respect to hardcover as well as structural coverage limitations. A conditional use permit is also required due to the amount of earth movement in the 0 -75 foot zone. In 2006, a new home was constructed on the property. Variances for lot area, lot width, and hardcover were granted, allowing 3,363 square feet of hardcover within the 75 -250 foot zone in conjunction with the approved plans. The home was constructed generally according to the approved plans. The patio shown on the variance approval and building permit survey was not constructed and therefore not included in the existing hardcover. In 2006, the City did hot have an as -built survey requirement and there appear to have been minor changes during the construction which resulted in additional hardcover consisting of landscaping and walls. The proposed patio was not constructed and the driveway was reduced and reconfigured to avoid an existing tree which has since died. The applicant would like to reconstruct the driveway and construct a lake -side patio. The applicants would like to reconstruct and reconfigure their paver driveway. The existing pavers are sinking and deteriorating and the layout is not functional. The applicant's proposed hardcover changes within the 75 -250 foot zone result in 634 square feet of additional hardcover above the existing level and 724 square feet over the amount approved in 2006 resulting in 38.9 percent where 32.8 currently exists. The applicant is proposing to incorporate a pervious patio design with a catch basin and pipe to drain storm water to the existing rain garden. The lake slope wall and stair system is comprised of wooden timbers and is rapidly deteriorating. The applicant would like to remove the existing stairs, install a subterranean support system to stabilize the • slope and construct anew stair system. A conditional use permit is required due to the amount of disturbance proposed. The stair system hardcover is considered allowed hardcover within the 0 -75 foot zone. Page 7 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (7. #11 -3518 WILLIAMH. KOCH, 3251 CASCO CIRCLE, Continued) The Planning Commission voted 6 to 0 to recommend approval of the hardcover variances to allow the driveway reconfiguration as well as the lakeside patio. Staff recommends approval of the conditional use permit and hardcover for the stairs. The applicant should submit a revised survey showing the proposed grading plan and an engineered design for review prior to issuance of the administrative permits for grading. The Council should discuss the additional hardcover requested within the 75 -250 foot zone. Bill Koch, Applicant, stated when they purchased the home, there was a lake -side patio that was approved which was never constructed. Koch pointed out the area of the patio on the proposed plans. He has contacted Meadowood, who has done a considerable amount of work with permeable pavers, and they have designed a patio plan and drainage system that feeds into both rain gardens that are on site currently. Out of that 142 square foot area, there is one area that would be a planting area. There would also be a retaining wall to protect the integrity of the rain garden. The stair system would be done by Design Concepts. Koch noted the City was insistent on getting an engineer to review and approve it. Koch indicated he has spoken with 27 engineers to see if they would be willing to review and approve it. He finally found an engineer from Wisconsin who did visit the site and has put his stamp of approval on the plan. A grading plan has also been completed and provided to the City. Rahn noted the home is only five years old and that the City should have a survey showing whether the patio was approved. Curtis indicated there was an approved patio that was not constructed. The as -built survey completed this year showed that the site exceeds the 29.9 percent hardcover that was approved. Some minor changes were done on the lot that resulted in the increase. The City did not have an as -built survey requirement at that time. The house was built as approved but there were some landscaping changes resulting in the increased hardcover. Rahn noted the hardcover is currently at 32 percent and the applicant is proposing 38.9 percent. Koch indicated there was a hardcover variance granted at the time the house was constructed. Rahn asked if the 2006 survey is in the Council packet. Curtis indicated it should be in the packet as well as the resolution. Rahn stated the driveway needs to be enlarged to be functional but that he is having a difficult time understanding why it is over on hardcover since the driveway is less than what was approved. Rahn indicated he is not sure where the overages occurred. Koch noted they did not construct the house. • Rahn stated in his view the driveway needs to be redone and the stairs are something that would typically • be allowed, but that he would not be in favor of the patio until he receives additional information on the hardcover overage. Rahn commented that it is a matter of choice on what they want to construct and still comply with the hardcover requirements. Page 8 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (7. #11 -3518 WILLL4MH. KOCH, 3251 CASCO CIRCLE, Continued) Curtis displayed the 2006 survey on the overhead. Rahn stated the driveway depicted on the survey looks like the driveway that is now being proposed. Rahn stated he is still curious to know where the additional hardcover came from. Curtis indicated Staff has not done an analysis to determine where the increased hardcover exists. Koch stated they were looking at keeping the deck but extending it out. Koch stated they wanted to make sure the patio was located behind the fence, which blocks it largely from view from the adjoining neighbor. There is also a row of trees that would help block the patio. Koch noted the driveway is failing and needs to be replaced, but that he would rather have the patio approved and then work on making the driveway smaller than what has been proposed. Koch indicated they-would like to enjoy the lake with a patio. Bremer indicated she would be amenable to the stair system since they appear to be reasonable. Koch commented the existing stair system is unsafe. Bremer stated the configuration of the driveway is a personal choice on the part of the applicant and that she also is having a difficult time determining where the extra hardcover came from. Curtis noted they currently are over by 87 square feet and they are requesting an additional 724 square feet. McMillan asked how many retaining walls have been added since the house has been constructed. Curtis indicated she does not have those figures. The total retaining wall footage that currently exists with the 75 -250 foot zone is 122 square feet. McMillan commented that oftentimes these retaining walls are a necessity and that in her view it is somewhat of a penalty to be including retaining walls in the hardcover numbers when they are required due to the topography. McMillan noted the City does have a hardcover task force that is reviewing the City's policies and ordinances regarding hardcover but that at the present time they are required to look at the application under the current regulations. Koch indicated he has a civil and environmental engineering background and that the retaining walls are designed to retain the water and prevent runoff into the lake. The retaining walls act as retention ponds. Curtis stated another discrepancy in the surveys is the 2006 survey reflects 11,219 square feet in the 75- 250 foot zone and the current survey depicts 10,510 square feet in that zone. The two percent increase is a combination of the additional hardcover and the change in the zone. 0 Bremer noted the zone got smaller by approximately 700 square feet. Page 9 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (7. #11 -3518 WILLIAMH. KOCH, 3251 CASCO CIRCLE, Continued) Koch stated the original surveyor is out of business and that another surveyor performed the hardcover calculations. The amount of land in the various zones has changed, which has resulted in the increased amount of hardcover in one zone. Rahn stated the driveway requires 208 square feet of hardcover, which he would be fine with, and that he is also okay with the stair system. Rahn stated until the hardcover task force comes back with their recommendations, he would not be okay with approving the hardcover for the patio and that the City cannot keep raising the amount of hardcover on the lots. Franchot commented in his view the entire proposal is reasonable and that the patio is not large in size. Franchot stated he is in favor of items that keep the water on the property, which has been done, and that he would vote in favor of the plan as submitted. Bremer noted it was originally approved in 2006 for 3,363 square feet of hardcover. There currently is 3,453 square feet, which is 90 feet over what was approved. Bremer indicated she is in agreement with Council Member Rahn that the deck might not be justified. The City sees a number of requests for additional hardcover similar to this request but that the City needs to enforce the hardcover limits even though the patio seems like the one thing the previous property owner would have constructed but didn't. Koch noted the plans did show a 142 square foot patio, which was approved, and that in his view the builder was trying to cut costs at the time of construction. McMillan expressed a concern about adding additional hardcover for a patio. McMillan indicated she is okay with the driveway and stairs but that she would only approve a maximum of 142 square feet for the patio, which was part of the original resolution. Rahn asked what the sidewalk is constructed out of on the north side of the house. Koch indicated it is constructed out of wood. Rahn noted the 2006 survey called for a permeable grate and that the City might not have included the sidewalk in their hardcover calculations. Printup asked whether the applicant would be interested in separating out the patio portion of the application and revisit it later. Koch indicated he would,prefer not to do that and that he has spent approximately $12,000 in surveying costs getting to this point. Koch stated he would be willing to look at reducing the driveway but that he would also like to construct a patio. Koch noted the proposed patio would have a catch basin going to the rain garden but that they would not be able to construct that if they are limited to the 142 square feet. Koch indicated he does not want to go through this process again in order to come up with a new design. Franchot stated he does not see what the difference would be to separate it out. • McMillan commented that the hardcover task force may come out with some changes that would impact 46 that portion of the application. Page 10 of 28 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (7. #11 -3518 WILLL4MH. KOCH, 3251 CASCO CIRCLE, Continued) Franchot noted the applicant's proposal for the patio is to make it a pervious surface. Rahn pointed out at some point in the future a new owner of the property might not like the patio and rain garden and remove it. The task force has not yet come to a decision regarding pervious surfaces. Rahn stated the driveway is a legitimate issue but that he is not sure where hardcover can be reduced. Rahn stated he would rather have a workable driveway than reduce the hardcover in that area. Rahn moved, Printup seconded, to approve Application #11 -3518, William Koch, 3251 Casco Circle, granting 208 square feet of hardcover for the driveway, granting a conditional use permit to construct the lakeside stairway, but denying the lakeside patio. McMillan noted the City has denied similar patio requests in other applications. Rahn commented that is typically the case where a new owner would rather have the additional hardcover. Koch stated the house size is exactly the same as was approved. . Bremer stated it is unique why the lot size has changed and that perhaps the 0 -75 is starting back further because the shoreline is eroding. Koch indicated the shoreline is the same. Gaffron stated the likely difference between the 11,200 and 10,500 is that in 2006 they included the 11 or 12 feet by 60 feet in the 250 -500 foot zone in the 75 -250 foot zone. Gaffron noted he does not have the hardcover calculations from 2006 but that in his opinion that is where the difference comes from. Mattick stated the Council will need to vote on what is before them now rather than what happened in 2006 and that the applicant has no vested right in the variance that was granted in 2006. VOTE: Ayes 4, Nays 1, Franchot Opposed. *8. #11 -3519 BAUER DESIGN BUILD, LLC o/b /o JEM TECHNICAL MARKETING CO., INC., 550 OLD CRYSTAL BAY ROAD NORTH, COMMERCIAL SITE PLAN REVIEW AND EASEMENT VACATION — RESOLUTION NOS. 6072 AND 6073 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6072, a Resolution Granting Commercial Site Plan Approval for Bauer Design Build, LLC, on Behalf of Ryan Companies and JEM Technical Marketing Co., Inc., for Property Located at 550 Old Crystal Bay Road North. VOTE: Ayes 5, Nays 0. Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6073, a Resolution Vacating a Dedicated Drainage and Utility Easement within the Plat of Crystal Bay Business Center 2nd Addition for the Property Located at 550 Old Crystal Bay Road North. VOTE: Ayes 5, Nays 0. Page 11 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. 9. #11 -3520 HAROLD & SANDRA WINGERD, 1376 BALDUR PARK ROAD, VARIANCE — RESOLUTION NO. 6074 Harold and Sandra Wingerd, Applicants, were present. Curtis stated the applicants are requesting hardcover variances in order to reorient their existing driveway to access directly from Baldur Park Road and move the garage doors from the side to the end of the garage. A portion of the applicants' current access to the property is over the neighboring property. As illustrated by Exhibit A, the neighbor to the northwest, Puzak, has two easements for access purposes over the Wingerds' property. The Wingerds previously utilized a portion of Puzak's property to enter their driveway. Based on recent events, the Wingerds can no longer use their current access. To solve their access issues, the Wingerds are now proposing to reorient their garage doors from a side load to an end . load and construct a new driveway entirely on their property. The lot has lake on both sides and a very small 75 -250 foot zone. Variances to allow 32.8 percent hardcover in the SW 0 -75 foot zone where 30.7 exists, 40.3 percent hardcover within the NE 0 -75 foot zone where 40.8 percent currently exists; and 53 percent hardcover within the 75 -250 foot zone where 37 percent currently exists are requested with this application. • The Planning Commission voted 6 to 0 at their August meeting to approve hardcover variances in order to reorient the driveway as proposed. The Commission directed the applicant to revise the plans to reflect a • more functional driveway with a back -up area, add a sidewalk to the front door, and leave a portion of blacktop to address the neighbor's concerns. Baldur Park Road as it approaches the point is approximately 12 plus feet wide. The Wingerds are proposing to remove a large blacktop apron area in front of the existing garage, as it is currently oriented, to improve permeability and aesthetics. Some of the blacktop removal is proposed within Puzak's larger easement resulting in at least a 12 -foot wide driveway before it widens out on Puzak's own property. The removals will not limit Puzak's access to his property. Staff discussed the proposal with Orono Police Chief Correy Farniok and determined that any width in driveway in excess of 12 feet has no additional emergency access benefit. Puzak spoke at the public hearing and submitted a letter expressing concern regarding the proposed hardcover removals within the area of his easement and emergency vehicle access to his property. The driveway access easements referenced on the applicants' survey are attached as Exhibits E and F. Planning Staff recommends approval of variances to allow 32.8 percent hardcover in the southwest 0 -75 foot zone; 40.3 percent hardcover within the northeast 0 -75 foot zone; and 53 percent hardcover within the 75 -250 foot zone to reorient the driveway. Harold Wingerd stated his wife purchased the property in 2002. In approximately 2007 or 2008, Mr. Puzak purchased the adjoining 9 to 12 lots. They are requesting that the west facing garage doors be relocated to be south facing due to the fact that Mr. Puzak has placed eight huge boulders near their garage doors and they cannot access the garage due to the boulders. Mr. Puzak has indicated that they are blocking his access. • Wingerd indicated they have been in litigation over this issue for three years. During Mr. Puzak's deposition, he could only note two times when he could not access his property. One was on New Year's Page 12 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (9. #11 -3520 HAROLD & SANDRA WINGERD,1376 BALDUR PARK ROAD, Continued) Eve when he and his wife were out of the country and their children were having a party at their residence. Mr. Puzak currently resides in Florida during the wintertime. In addition to the area in front of the garage, there was a turnaround to the left that became a turnaround because there was no other place to turn around. In the wintertime there used to be a big post with a chain from one of the boulders to the post. Occasionally Mr. Puzak's coworkers would take it down to check on his house. Wingerd indicated they no longer have a way to access that area to turn around. Subsequent to the Planning Commission meeting, three of the boulders have been relocated to what used to be the turnaround. The post is in the middle of that and there is also a four inch steel pipe that in all likelihood was going to be used to string his chain fence from the pipe to the 6 x 6 post. Wingerd , indicated his wife called the City and someone came out to stop the work. In addition to those changes, there have been 22 sections of Mr. Puzak's dock that have been placed near their property. Wingerd stated there does not appear to be any reason to place the dock sections there except for retribution. Wingerd indicated they have invested in excess of six figures in the litigation. Wingerd stated they would be happy to allow him to use his access and that they would like to create a new access for their property. Wingerd stated one of the recommendations was to flare both ends of the driveway, which he does not see in the report. iCurtis indicated the turnaround would eliminate the need for the flared end. Wingerd indicated they are willing to comply with Staff's recommendations and noted there is a portion of the easement where the hardcover would not be removed. McMillan commented in her view this is a good solution and that she is in agreement with the resolution. Rahn and Bremer indicated they are also in agreement with it. Rahn moved, Printup seconded, to adopt RESOLUTION NO. 6074, a Resolution Granting a Variance to Municipal Zoning Code Section 78 -1288, for the Property Located at 1376 Baldur Park Road. VOTE: Ayes 5, Nays 0. 10. #11 -3521 TAMI HELMER, 3131 CASCO CIRCLE, VARIANCES Tami Helmer, Applicant, and Mike Sharratt, Designer, were present. Curtis stated the applicant is requesting an average lakeshore setback variance and hardcover variance in order to improve the aesthetics of the existing home with proposed cosmetic changes to the exterior including new siding and exterior finish materials and changes to the existing roof by replacing existing skylights with dormers on the lake side of the home. Reorientation of the existing lake side deck, driveway, and a garage addition are also proposed. The dormers and deck changes are ahead of the average lakeshore setback. The garage addition involves changing nonstructural hardcover to structural hardcover. No overall increase in hardcover is proposed. The proposed garage addition will meet the side and rear yard setback requirements and is outside the average lakeshore setback line. The proposal is within the 15 percent structural coverage limitation. Page 13 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (10. #I1 -3521 TAMIHELMER, 3131 CASCO CIRCLE, Continued) Following the Planning Commission meeting, Staff and the applicant conducted additional hardcover analysis on the property. The result is a revised actual 1995 approved hardcover level of 4,955 square feet of hardcover. The applicant's proposed hardcover plan includes removal of the existing "illegal plastic" within landscape areas within the 75 -250 foot zone and results in no net increase in hardcover above the existing 1995 approved level. The property owner to the west, Charlie Jones, expressed concern at the Planning Commission meeting regarding screening for the new deck. The Planning Commission voted 6 to 0 to recommend approval of the variance as requested. The applicant was directed to add evergreen trees to the existing deciduous trees along the west lot line to enhance the screening year - round. Planning Staff recommends approval of the average lakeshore setback and hardcover variance including the screening enhancement, consistent with the Planning Commission recommendation. As part of this approval, Staff also recommends the fabric or plastic underlayment be removed from all landscape areas on the property in order to further reduce hardcover. Rahn asked if the underlying plastic is being traded in exchange for the additional hardcover. Curtis indicated it is not being traded and it was not removed as required in 1995. . McMillan asked whether it is still part of City Code to allow structural coverage on top of hardcover Curtis stated that is one of the issues the Council will need to discuss. Staff does not have the ability to approve that portion of the application since the hardcover exceeds 25% within that zone. Tami Helmer, Applicant, indicated she purchased the property approximately one year ago. At the time she was considering purchasing the property, she researched whether she could conduct some remodeling on the property and met with Orono Staff several times to learn about the restrictions on hardcover and the different ordinances. Since that time they have purchased the property and have been designing those improvements since they are looking to make this their long -term residence. Mike Sharratt, Designer, indicated they initially received some direction from Staff that was different from where they ended up. Sharratt noted there was some confusion over what the exact hardcover numbers were for the property. After some lengthy discussions, they arrived at a number of 6,315 square feet for existing, which has been reduced to 4,955 square feet of hardcover after removal of the landscape plastic. Sharratt indicated during the design phase they looked at a number of options to achieve all the desired amenities that the property owner designed as well as comply with City regulations. One option was to take the back part of the garage and convert it into a screen porch. They also eliminated the 30 x 12 foot structural deck. Sharratt stated their end goal was to address all those issues and make the property more aesthetically pleasing. (Recess taken from 9:01 p.m. to 9:08 p.m.) (Cynthia Bremer is no longer present) Page 14 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (10. #11 -3521 TAMIHELMER, 3131 CASCO CIRCLE, Continued) Charlie Jones, 3129 Casco Circle, stated this property has been in his family for 54 years now. It was originally purchased in 1957. In 1977, the lot became part of the adjacent lot on the other side and was subsequently sold off. A variance was granted at that time for the hardcover and for the average setback line. Jones pointed out the view of the property from his house on the overhead. The hardcover issue relates to replacement of deck hardcover. The original as -built survey indicates that the deck was 8'x 32' and there is no evidence that it was ever approved to be 12'x 32'. Jones pointed out the hardcover the applicant is proposing to place over existing blacktop. Jones stated the portion that is being removed does not cover the 14 -foot addition to the garage or the other area. A portion of the proposed deck juts out further to the lake and also impacts his sightline. According to the building code, it says that it is unlawful to convert, enlarge or alter any structure or use any structure in a manner that violates the hardcover limitations. Jones indicated he has documents that indicate this property is at 42.9 percent hardcover. He was made aware by Staff that Melanie Curtis is not a surveyor, but somehow new hardcover calculations have come out showing there is 30 percent hardcover. Some of that decrease is from removal of four inch crushed limestone to mitigate a drainage problem that still exists. City Building Code states that nonconforming hardcover may not be located or expanded in any way unless the property is brought into conformance except a roofline may be changed, an additional story may be added over the roofed portions of a structure, or an open or screen porch may be converted into a two or three- season porch. Jones pointed out that this property does not meet any of those exceptions. Jones noted the deck hardcover is being moved over existing hardcover but it is becoming structural coverage and would be totally impervious hardcover consisting of concrete and footings The setback line was established prior to the house being constructed, which was by agreement between the City of Orono, his grandfather, and the adjoining neighbor. The property is currently nonconforming in three ways. The width of the lot is only 95 feet and it is over on total hardcover. The property is allowed 25 percent but they are at 30 or 31 percent with the present proposal. The proposed screen porch is also located in front of the average setback line. The deck is four feet wider than was originally' approved. Four feet of that 32 x 12 foot section that is being used to trade hardcover actually was never approved. As of 1995, the existing calculations on that hardcover were 42.9 percent. Jones displayed a picture of the current deck and the area of the proposed screen porch. Jones stated the house is 31 feet from the edge of his house, and that according to City Code, this project is not allowed and that he does not see how the Council can go against the rules that they have set up. Jones illustrated the average lakeshore setback line. Curtis indicated that is not the correct setback line. Rahn noted the average setback line is depicted in their packet. Jones stated the proposed screen porch is unacceptable. The applicant purchased the property last August but there is no hardship since she could have purchased another property that would have met her needs better. Jones requested the Council follow the rules that are currently in place which states that Page 15 of 28 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (10. #11 -3521 TAMIHELMER, 3131 CASCO CIRCLE, Continued) nonconforming hardcover may not be relocated or expanded in any way unless the property is brought into conformance. Franchot asked where he is taking the sight line from on his house. Jones stated the sight line depends on where you are standing and that he is talking about anywhere on his lot. Jones stated if he builds another house on the property, the setback line is back further and he would be required to construct it further back. Franchot indicated he was attempting to figure out where the sight line is that Mr. Jones was speaking of. Jones stated he is allowed to be anywhere on his lot and not have his view impacted. Jones indicated he has not discussed screening with the applicant. The current vegetation is approximately ten years old and is half dead. McMillan asked as it relates to the nonstructural hardcover, whether property owners are allowed to trade that for structural coverage. Curtis indicated Staff does not have the ability to trade when the hardcover exceeds the regulations and was approved by a variance. McMillan asked whether the City has been pretty strict in enforcing hardcover regulations. is Gaffron stated there have been dozens of variances granted over the years to address a situation that is not in compliance with City Code. Franchot stated part of Mr. Jones' claim is that a portion of what is being removed was approved by a variance and part of it apparently wasn't. Curtis indicated the deck that exists today is the deck that is reflected on the survey and was approved by a variance. Franchot asked if the City considers the entire deck to have been approved. Curtis stated that City records indicate it was approved by a variance. Rahn stated the new structure is not an issue since the property owner is under the 15 percent structural coverage limit. If the current deck is considered nonconforming, then that would be an issue since nonconforming hardcover cannot be relocated or expanded. Franchot asked if there was a variance granted, if it does not become conforming. Mattick stated basically structural versus nonstructural hardcover functions the same from a hardcover perspective but that the regulations generally do not make sense to someone when they come in and remove a different piece of hardcover in exchange for constructing new hardcover which results in no net gain. Council has given Staff the ability to administratively approve the type of application where there is no net increase in the hardcover when the lot is conforming. In this particular case, not every aspect of Page 16 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 • 7:00 o'clock p.m. (10. ##11 -3521 TAMIHELMER, 3131 CASCO CIRCLE, Continued) the lot is conforming so Staff does not have the ability to approve the application. Mattick commented it basically is the same as a swap since there is no net gain in the amount of hardcover, but because the lot is nonconforming, Staff does not have the ability to grant approval. Rahn commented in his view the applicant has done their due diligence in researching the City rules prior to purchasing the property. Rahn stated in his view everything looks great except there is a neighbor who feels he will be negatively impacted by the changes. McMillan stated they are intensifying the average lake setback variance since the new deck will impact the neighbor more than the old deck does. The new deck is more intrusive to the neighbor since it is located closer to the lot line. Franchot asked if Mayor McMillan has visited the site. McMillan indicated she has. Franchot stated he visited the property and that the concern being expressed by the neighbor in his view is not really an issue given the amount of vegetation between these two properties. Franchot stated based on his tour of the property, it does not appear to be as much of an imposition as what has been implied and • that there is a huge arc to the right that provides a good view of the lake. McMillan commented that vegetation can come and go and that planting evergreens will also block someone's sight line. Franchot commented that his point is that there is no change in the sight lines with the proposal. McMillan commented screening is not always a good solution and that the Council should address the issue of whether the deck should be there or not. The average lakeshore setback is never perfect and there are many situations where it does not work because of existing conditions prior to enactment of the ordinance. The City has granted variances in the past to the average lakeshore setback but in those situations it did not have a negative impact on the neighbor's sight lines. McMillan stated in her view there will be a negative impact to the neighbor in this case. Franchot stated that was why he questioned where the sight line was being taken from on the neighboring lot. If you stand on the property line, almost everything would get in the way. Mr. Jones' house is located far away from any setback. Rahn commented it also becomes an issue of noise since it would be located closer to the property line. Rahn asked if the applicant is still proposing a screen porch when it appears to be a four- season porch on the plans. Sharratt indicated it is a screen porch. Sharratt pointed out the back portion of the garage, which is being converted into the screen porch. Sharratt indicated they established the sight line by taking the corner of the deck as it is in its present location. If that line is drawn further back to the dining room, it is not any more intrusive than what currently exists, which is why they located it in that area. The new line is no further forward than what the existing line is. Page 17 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. • (10. #11 -3521 TAMIHELMER, 3131 CASCO CIRCLE, Continued) Sharratt stated another aspect taken into consideration for removing that portion of the deck is that it is located closer to Mr. Jones' house than what they are proposing. They are proposing to take this area and put it over existing hardcover, which is why the hardcover is being reduced. Jones pointed out Helmer's lot line and stated that he is asking the Council to not take away his view across their property by allowing them to construct the screen porch. Jones commented it is not just the sight line that is an issue but it also becomes a noise issue by having them move their garage, deck, umbrella, and other items closer to the property line. Jones stated it was never intended to be that way and that his property was intended to have that sight line. Jones indicated his house is situated so it looks southeast across their property. Rahn stated he is not aware of a variance request that the Council has approved where the neighbors were not in agreement with what is being proposed. McMillan commented that even though the houses are far apart, when you have something that could impact a sight line, it becomes an issue. Rahn asked Mr. Jones to clarify what he was speaking about with regards to the location of the deck. Jones stated there is no screen porch currently but that it would look directly into his porch, his dining room, and bedroom. The proposed garage addition is so they can have a screen porch. The problem is that it is a 14 -foot addition, one and a half stories tall, and a screen porch. Jones indicated the property could be sold tomorrow and that the new neighbors may not be as nice as Ms. Helmer. Jones indicated he does not want the screen porch and reiterated that nonconforming hardcover may not be relocated or expanded in any way. There has been no attempt to bring the property into conformance. Franchot stated they do not have to cover the garage since it is being put over existing hardcover. Jones commented there is more hardcover in this area. Franchot noted the deck has to offset the proposed screen porch. Rahn noted the garage is extending over existing driveway hardcover. Franchot stated what Mr. Jones is saying is that the screen porch should not be added to the garage since it is over existing hardcover. McMillan pointed out that it is an average lakeshore setback issue. Sharratt stated they are taking something this is more nonconforming and making it less nonconforming, which is a quantitative improvement. Sharratt stated they are not changing his sight line, which will still exist after this project. Jones stated he also has a patio that he uses from where he will be viewing the lake and that they cannot say he can only view the lake from one location on this property. Page 18 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 • 7:00 o'clock p.m. (10. #11 -3521 TAMI HELMER, 3131 CASCO CIRCLE, Continued) Sharratt stated due to the vegetation, it is not possible to see through that area in the summertime. McMillan reiterated that it is an average lakeshore setback issue. Franchot asked if the situation is being made worse. McMillan indicated in her view it is. Franchot asked if the Council can get a picture of where the actual average lakeshore setback line is located. Franchot stated in his view it is a sight line issue only. Curtis displayed the average lakeshore setback line and pointed out that it cuts back into the existing garage and is ahead of it. The corner of the deck does not extend further into the average setback and they are maintaining the sight line from the home to the lake. McMillan stated because they are locating the proposed garage addition over existing driveway, they are able to gain additional hardcover versus swapping hardcover for structural coverage. Rahn stated in his view that is what Mr. Jones is saying. They are talking about a building that is already sitting too far forward, and even though they did not extend it closer to the lake, there is more structure being proposed. Rahn noted the draft resolution says the deck will result in minimal negative impact to adjacent property owners, but that in his view there should be no impact. The sight line is one issue but that he personally would be more concerned with the noise since the area of entertainment has moved closer to the lot line. Rahn stated he has a hard time approving something where an adjacent neighbor was opposed to it, which is one of the main reasons why the City has an average lakeshore setback. Curtis stated the average lakeshore setback is to preserve the view of the lake. The noise or activity could be there anyway without the deck but that it is an issue to consider as part of the variance request. Al Wahlin, 3 13 1 Casco Circle, stated in regards to the proposed deck, they have carefully considered the current rules and regulations and they were also considerate of the neighbor to not come out past the existing visual footprint that is currently in place. Wahlin commented they are not proposing anything that is different than what he can currently see from his perspective. Wahlin stated they have worked very hard to follow the rules and regulations that the City has set up as well as the rules of the DNR and the State of Minnesota. They have gotten professional help from Mr. Sharratt. Wahlin commented he is not sure how much one person can have control of their property but that he understands and respects his neighbors and will continue to do that. Wahlin stated he also has a right to be comfortable in his own home and that unfortunately the system is set up to pit one neighbor against another and cause conflict. Wahlin stated he attempts to do what is right within the rules that are set up and that they have tried to follow the rules and do what is required of them. The deck is within the existing sight footprint. Wahlin noted they also agreed to meet with Mr. Jones but that he did not want to meet with them. Page 19 of 28, MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (10. #11 -3521 TAMIHELMER, 3131 CASCO CIRCLE, Continued) Franchot stated when he walked the property, it was apparent that there may be an open door to oppose the application but that the reason for the opposition in his view is that the neighbor does not want any change to the neighborhood. Franchot stated for the neighbor to imply that he will in any meaningful way be impacted on his sight lines is not true and that there is a huge arc to the right of lake view. Jones stated he is not pitting neighbor against neighbor and that if they want to do something within the footprint of the house, he would be fine with that. Adding a story and a half ten feet from the lot line is a change. Jones states his sight line is affected and that the applicant does not have a right to affect his sight line one inch. Jones indicated he is not asking for special treatment and that justice is treating everyone the same. Jones requested the City Council follow the rules. Franchot commented he understands Mr. Jones' position but that the variance procedure allows some flexibility to accommodate different situations. Jones noted the City's Building Code states that existing nonconforming hardcover may not be relocated or expanded and asked where the gray area is in that language. Mattick stated the rule does say that but that the variance procedure allows for some flexibility to that rule. If there is a practical difficulty that is determined to exist, the Council can grant the variance. Jones asked what the practical difficulty is for the variance. Jones stated he does not see a practical difficulty. McMillan stated the issue is making changes to nonconforming items without bringing the entire property into conformance. The property is still nonconforming, which is part of the difficulty with this application. Franchot stated the City has granted a number of variances in the past which has not required the entire property be brought into conformity. McMillan commented that all parties have their concerns and that the City Council has the difficult decision to decide how to best deal with the situation. When dealing with nonconforming properties, it does have impacts when you change things around. Franchot stated he is in agreement that it does have some impact but that in his view it is a reasonable request. Rahn asked whether the structural coverage will change. Curtis indicated it will be increased. There is 2,400 square feet of house currently, which is 9 percent, and that the deck and patio would increase the structural coverage. Sharratt stated there is also additional overhang. Page 20 of 28 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 . 7:00 o'clock p.m. (10. #11 -3521 TAMI HELMER, 3131 CASCO CIRCLE, Continued) Curtis stated if you add the entire existing deck and patio to the house footprint, there is 3,225 square feet of structural coverage. Franchot stated he would be interested in knowing why the Planning Commission was unanimous in approving the application. Schoenzeit indicated one of the key points was that this sight point exists now and is not changing. The thought of the average lakeshore setback is to preserve the visual arc that sweeps the property, which is not changing. The building is happening away from the lake and will preserve the existing viewing arc on the neighboring property. The applicant does not need the screening and they are moving things further away from the lake, which is why the Planning Commission approved it. Curtis noted the structural coverage will increase from 11.3 to 14.6 percent. C ._. Lizz Levang stated the Planning Commission also looked favorably at the removal of all the hardcover under the deck as well as in other spots. Jones stated the hardcover under the existing patio is counted the same hardcover as the deck but they are adding a screen porch, making a two -car garage into a three -car garage, and adding a deck in return for removing a small strip of the deck. Rahn stated they are going to relocate the deck. Rahn asked what the practical difficulty is for the variance. Printup stated he attended the Planning Commission meeting and then later toured the property. This has become less of a hardcover issue and is turning into a sight line and privacy issue. The structure is going to be. expanded and go up with the dormers, and even if there is a line of trees that currently provides screening, in his view the Planning Commission lost focus of what the neighbor was concerned about, which was preservation of the sight line. Planting additional pine trees is not going to stop the noise or the activity that will go on in that area. Schoenzeit stated in his view sight line is the wrong word and that it is what the view is of the neighbor. The property owner has relocated some items near the lake to in front of the garage. The neighbor cannot now see through the house and he won't after the project is completed. The sightline of the lake remains the same even if you can see more house. Jones pointed out there is 14 feet more house. Schoenzeit stated the applicant is allowed to build there. McMillan stated the proposed deck is being put in front of the average lakeshore setback. The property is nonconforming now and the applicant is proposing to relocate some items. The Council is dealing with a nonconformity piece with the average lakeshore setback. McMillan stated in her view you cannot move it around without bringing the property into conformity. • Rahn asked if the neighbor on the other side has issues with it. Page 21 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (10. #11 -3521 TAMIHELMER, 3131 CASCO CIRCLE, Continued) Helmer indicated since the Planning Commission meeting they have called them and they have indicated they are in support of the project. They were asked to provide a written statement of support, which was not done, but that they did receive a verbal statement of support. Rahn stated in his view it is a matter of moving a nonconformity. Rahn stated they have the rule so that it does not cause an impact to the neighbors even if it is minimal. Sharratt stated instead of making this less nonconforming, they are faced with the decision to leave the deck that is currently there and putting a screen porch underneath that portion. Suzann Passet stated the issue comes back to practical difficulty and that they have not addressed whether there is a practical difficulty. Rahn asked whether screening on the underside of the deck would be allowed. Curtis indicated that would be allowed since it is already considered structure. Rahn asked if that would be allowed even though it is in front of the average lakeshore setback. Curtis indicated they can add the screen porch underneath the deck but not above. is Rahn asked if the applicants would like to table the application. Helmer stated she would like some clarification and asked whether the entire application would be denied or whether the different aspects of the application could be considered separately. McMillan commented it may be best to table the application since it does not appear it will be approved. Sharratt asked whether the Council is against all the issues or simply the screen porch. Sharratt stated he would like direction from the Council. Rahn stated it is an average lakeshore setback issue and that any alterations in front of the average lakeshore setback would be an issue. Franchot asked how that would impact the dormers. Sharratt stated to his belief they would be okay. Sharratt requested that they be given some time to discuss their options. (This application was adjourned from 10:10 to 10:38 p.m.) Sharratt requested the existing first floor plan be displayed on the overhead. Sharratt stated if they describe a change as it relates to the deck, whether that could be approved at this meeting or whether they would have to resubmit it. • Rahn stated the Council should really act on the plan before them. Page 22 of 28 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (10. #11 -3521 TAMIHELMER, 3131 CASCO CIRCLE, Continued) Mattick stated he would encourage the City Council to review the revised plans before to voting on them. Sharratt asked whether the modification to create dormers on the lake side would be something they would be allowed or whether it would need to be changed. Curtis displayed a drawing of the dormers looking east. Sharratt pointed out the dormers on the overhead. The dormer that is visible goes across and would include some skylights. Rahn stated from a side view it appears to be up near the ridge of the house. Sharratt indicated that is correct. Rahn stated in his view there should be no encroachment in front of the average lakeshore setback except for maybe a very minor encroachment. McMillan commented she is not sure whether the dormers would have as much impact as the deck on the sight line. • Printup asked whether the guidance is needed to redraw the plans. Franchot noted it would cost the applicant money to redraw the plans. Franchot indicated the dormers are not a problem for him. McMillan commented it is difficult to visualize a change without a drawing. Curtis pointed out the line for the chimney. Sharratt stated that chimney would be removed. Franchot asked whether the applicant would like to table the application. Sharratt indicated he would. Franchot asked whether Council Members Rahn and Printup could give the applicant some sense on whether there is zero tolerance or whether they would allow some minor encroachment into the average lakeshore setback. Franchot stated the next question would then be what would be considered minor. Rahn stated if the applicant is going to encroach, they will need to show practical difficulty. Rahn stated they could have a dormer up to the average lakeshore setback line without a variance. Sharratt stated the practical difficulty is that the existing skylight is within the existing timber frame of the house and that it is already beyond that line. They are attempting to match the roof pitches that exist on • the house. Page 23 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. . (10. #11 -3521 TAMIHELMER, 3131 CASCO CIRCLE, Continued) Rahn commented it is a design issue and making the exterior more aesthetically pleasing, which is not a practical difficulty. Franchot moved, McMillan seconded, to table Application #11 -3521, Tami Helmer, 3131 Casco Circle. VOTE: Ayes 4, Nays 0. CITY ENGINEER'S REPORT 11. OLD CRYSTAL BAY ROAD UPDATED COST ESTIMATES Amundsen noted he has been the project manager on the Old Crystal Bay Road project from the beginning. At the last meeting the Council requested some cost estimates for a mill and overlay as close to the existing road footprint as possible and whether the mill and overlay would require the City to meet some minimum state aid standards. Amundsen commented that it would be difficult to qualify for state aid funding for the mill and overlay project. Amundsen indicated he will attempt to obtain state aid funding but that it is his belief it will not be approved due to the poor sub base of the road. Amundsen indicated reconstruction of the road would result in the road looking very similar to what exists today but the main difference would be that the shoulders would be paved. Amundsen noted he has provided some estimates for the sewer and water replacement and pointed out that the City would likely incur substantial additional cost to do those at some point in the future. As with most projects, the sewer and water infrastructure beneath the road tends to last longer than the road but , that the reconstruction of each impacts the other. It is a common decision to replace the existing sewer and water under the road even though there is some life left in them. Amundsen stated the mill and overlay project would cost approximately $151,000. The road reconstruction would be $1.75 million whether the utilities are included are not. The water utilities would add $317,000 and $342,000 for the sanitary sewer if they are done in conjunction with the road reconstruction. Amundsen noted there are also some other options outlined in the memo. McMillan stated a fourth option would be to divide the road in half and reconstruct the north half and mill and overlay the south end with a reconstruct of the south end being done at some point down the road. The biggest issue with the reconstruction for the entire road is that it does make sense to do the utilities but that it may not be as important as some other water and sewer projects that should be completed throughout the rest of the city. McMillan commented the City could perhaps buy some additional time on that road with the mill and overlay. McMillan noted she requested the City Engineer provide some cost estimates to reconstruct the north end and mill and overlay the southern half, which would allow the school to still run their summer school. Franchot stated he would be interested in knowing what other sewer and water projects would take • precedence over Old Crystal Bay Road. Page 24 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (11. OLD CRYSTAL BAYROAD UPDATED COST ESTIMATES, Continued) McMillan commented she does not have the CIP with her tonight but that there has been some discussion about some work on the water tower and an additional well near city hall. Franchot stated the Council was told that Old Crystal Bay Road was the most urgent. Amundsen stated he highlighted the portion of the road that would be reconstructed on the northern end. The northern most box does not affect any utilities. There is a small portion of the sewer and water that would need to be replaced and could be replaced in conjunction with the road reconstruction. Amundsen indicated he is in agreement from a logistics standpoint that this would decrease the amount of work that needs to be done in one summer and could possibly work with the school's schedule better. Rahn noted there is only one quarter of the road that does not have water and sewer. Rahn stated in his view the City will gain from the mill and overlay since they could mill and overlay the road 11 and a half times for the price that it would cost to reconstruct it. Rahn noted a reconstructed road is usually good for 40 years and that a mill and overlay would typically last five years. The City would have 55 years of road by just mill and overlaying it every five years. Rahn commented he is not sure why the City would replace infrastructure that shows no signs of disrepair and spend $1.7 million dollars. . Rahn noted the City has not had to do any work to those pipes and that they do not need to be resized. McMillan commented her concern was whether the mill and overlay would last. McMillan stated the northern section of the road appears to be in pretty bad shape and asked what the soil borings demonstrated on the sub base. ° Amundsen stated there is quite a bit of information that is available on the sub base in that area. Rahn stated the worst number is 69 percent of the $1.74 million that is required for a brand new 7 -ton road. Rahn commented he would like to do a mill and overlay and see what the life expectancy would be. Printup indicated he is in agreement with the mill and overlay. Franchot asked what the cost estimate was to complete Option A with turn lanes. Franchot stated in his view the cost to do the mill and overlay is $150,000 more expensive than any plan the City had before since this would be the City's money and not MSA money. Franchot noted the mill and overlay would do zero to address the traffic issues, which should still be taken into consideration. Amundsen indicated it would be approximately $2.5 million for Option A. The majority of the cost is $360,000 for storm sewer improvements. The $1.7 million also includes storm sewer. Rahn stated he is not against looking at turn lanes when that time comes. McMillan stated if the northern half is reconstructed, the City and school could possibly partner on constructing a right turn into the middle school, which would solve some of the traffic problems. McMillan stated she would like to get a more substantial sub base underneath the road at some point and • that this would be a way to recoup some of the engineering costs already incurred. McMillan suggested they present the project to MSA that we are going to reconstruct the northern end and wait on the southern end and ask whether the mill and overlay could be reimbursed with state aid dollars. Page 25 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. (11. OLD CRYSTAL BAYROAD UPDATED COST ESTIMATES, Continued) Rahn stated the other thing is that cost estimates could be done just for the northern section. Rahn asked whether they would still be able to bid it in January. Amundsen stated it would be a tight schedule but it could be done. Rahn commented it would not hurt to get some cost estimates for the northern section. Rahn asked what tonnage the reconstructed road would be built to. Amundsen indicated it would be built to 10 -ton. Amundsen stated there would be some decisions on where to stop the reconstruct and whether the water main should be done. Some consideration should also be given for planning for future expansion. McMillan asked whether the City could get a ballpark estimate of what they could possibly recoup from MSA for the previous design. Loftus indicated they have submitted the invoices to MSA for payment and that they should hear back in the near future. • Franchot commented in his opinion the mill and overlay is not a good idea and that the Council needs to make an assessment on whether the road should be rebuilt. Franchot stated they keep pushing this project down the road, which will require the City to make periodic repairs to it. 0 McMillan stated the total reconstruct does not seem to be an option and that they are looking at a mill and overlay for at least a portion of the roadway. McMillan requested the City Engineer come back with some cost estimates in two weeks. Franchot requested the Finance Director come back with information on the financial impact the City will have due to the money that has already been bonded for the Old Crystal Bay project. Franchot noted the money has to be used within two years or the City could experience some type of penalty from the MSA. Franchot asked how much the City bonded for Old Crystal Bay Road. Olson indicated to his knowledge it was $1.7 million and that he is unsure how the MSA will handle this situation. Olson stated he will contact MSA to see whether he can find out some more information on that item. The City Council took no formal action on this item. *12. REQUEST FOR PAYMENT NO.3 AND FINAL, LIFT STATION 12 IMPROVEMENTS Bremer moved, Franchot seconded, to approve the request for payment No. 3 and final for the Lift Station No. 12 improvements, Landwehr Construction, Inc., in the amount of $16,107.89. VOTE: Ayes 5, Nays 0., k - ( Franchot leaves the meeting at 10:50 p.m.) • Page 26 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Rahn asked when the estimates for the roof repairs on the city hall building will be ready for Council review. Loftus stated Don DeBaere has met with a contractor and that the cost estimate he received was $10,000. Loftus indicated she asked him to obtain two other quotes and that she anticipates those estimates will be brought to the Council within the next month. Printup noted Wayzata had their James J. Hill Days recently. There was also a nice September 11th remembrance ceremony held in Mound. CITY ADMINISTRATOR'S REPORT 13. ADOPT PRELIMINARY 2012 TAX LEVY AND BUDGET — RESOLUTION NOS. 6075 AND 6076 Olson stated the total levy for all funds and general fund has a zero percent increase in the tax levy at the present time. The average decrease in home values was 7.7 percent city -wide. As it concerns the city portion of the taxes, the City will not know the final numbers until that information is received from the state and county, but it generally comes to approximately 15 percent. • Olson indicated the City did receive some good news relating to the fire service budget and that there will be an increase of $10,300 rather than the anticipated $23,000. The union contracted wages and benefits will be increasing. For nonunion, the half percent raise is still in the budget and equals $8,150. Olson indicated it was his understanding the Council was generally in agreement that the nonunion employees would get the increase in benefits. Olson noted the new budget has the new public works director position included and that they have decreased the street department budget by $10,000 since an outside engineer will not be sitting in on their staff meetings. Law and legal services was also reduced by $7,500 and Staff is working on a list of code enforcement issues that the City Attorney has been involved with in the past. Olson noted the Council is just adopting the preliminary budget and tax levy tonight and that once the preliminary levy is adopted, it cannot be increased. Printup asked when the last time was that Orono had a zero percent levy increase. Olson indicated to his knowledge during the 13 years he has been at Orono there has not been a zero percent levy increase. McMillan requested that the tax impact to the $250,000 house be added to the information provided at the Truth -In- Taxation meeting. Olson stated he has not gotten the information regarding the homestead tax credit at this point. • Printup moved, Rahn seconded, to adopt RESOLUTION NO.6075, a Resolution Adopting the Proposed 2011 Tax Levy Collectible in 2012, and to adopt RESOLUTION NO. 6076, a Resolution to Adopt the Proposed 2012 General Fund Budget. VOTE: Ayes 3, Nays 0. Page 27 of 28 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2011 7:00 o'clock p.m. 14. LAKE MINNETONKA COMMUNICATIONS COMMISSION (LMCC) 2012 BUDGET Printup moved, Rahn seconded, to approve the 2012 Lake Minnetonka Communications Commission budget. VOTE: Ayes 3, Nays 0. 15. WINTER MAINTENANCE OF REGIONAL TRAILS McMillan noted the City is in favor of not doing any winter maintenance on the trails. Michael LeQuay noted he spoke with Aaron Printup during the break regarding this item and does not have any comments at this time. Printup moved, Rahn seconded, to direct Staff to send a response to Three Rivers that Orono will not be authorizing winter use of the regional trail segments in the City and will not be maintaining them during the 2011 -2012 winter season. VOTE: Ayes 3, Nays 0. *16. DECLARATION OF ERICK DYER AS A POLICE OFFICER —RESOLUTION NO. 6077 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6077, a Resolution to Declare that the Part -Time Position Held by Erick Dyer is that of a Police Officer as Defined for Purposes of PERA Pension Eligibility. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT None 17. LICENSES & PERMITS None *18. BILLS Bremer moved, Franchot seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Rahn moved, Printup seconded, to adjourn the Orono City Council meeting at 11:02 p.m. VOTE: Ayes 3, Nays 0. ATTEST: Linda S. Vee, City Clerk . J, Lill Tod McMillan, Mayor Page 28 of 28 CJ • •