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HomeMy WebLinkAbout11-14-2011 Council Minutes1, �-_ s MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 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, City Clerk Lin Vee, Assistant City Administrator of Long -Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, City Attorney Soren Mattick, City Engineer Jared Ward, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 7, 9 through 14A were added to the Consent Agenda. Printup moved, Rahn seconded, to approve the Consent Agenda as revised. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. COUNCIL WORK SESSION OF OCTOBER 24, 2011 • Printup moved, Rahn seconded, to approve the minutes of the Orono City Council work session of October 24, 2011, as submitted. VOTE: Ayes 5, Nays 0. *3. REGULAR COUNCIL MEETING OF OCTOBER 24, 2011 Printup moved, Rahn seconded, to approve the minutes of the Orono City Council meeting of October 24, 2011, as submitted. VOTE: Ayes, Nays 0. *4. COUNCIL WORK SESSION OF NOVEMBER 7, 2011 Printup moved, Rahn seconded, to approve the minutes of the Orono City Council meeting of November 7, 2011, as submitted. VOTE: Ayes 5, Nays 0. LMCD REPORT - ANDREW MCDERMOTT, REPRESENTATIVE McDermott reported the lake is at 927.91, which is a 10 -year low. Last year at this time it was at 928.60. The LMCD will be holding a work shop planning session on Wednesday, November 16th, 6:00 p.m., at the Tonka Bay City Hall. The LMCD will be discussing the harvester that was wrecked earlier in the year. A decision will likely not be made at that time on whether a new harvester should be purchased. The LMCD will also discussing their letter to the Minnehaha Creek Watershed District. McDermott noted the LMCD approved a couple of variances last week but there is very little business to discuss on the December or January agendas. Page 1 of 16 ,1 I, MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. (LMCD REPORT - ANDREW MCDERMOTT, REPRESENTATIVE, Continued) McMillan noted the water was at an all -time high in May of this year and that the wetlands are also dry. McDermott commented that they are also anticipating a low water level emergency in the spring, which may necessitate people placing their docks out further. PLANNING COMMISSION COMMENTS - DENISE LESKINEN, REPRESENTATIVE Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS 0 Dennis Walsh, 1354 Rest Point Road, stated he wanted to reinforce an issue that is going on in his neighborhood and was appearing because of the neighborhood, not because of the neighbors on either side of the person causing the problems, Jay Nygard. The neighbors can hear the windmill, the screaming and yelling, and smell the pot smoking when walking down the alleyway. In the past there have been a lot of violence issues and the police have been called a number of times. He stated this is a neighborhood issue, and didn't know if the Council could do anything. He added that there are other issues such as the windmill and the curb along the street that Nygard installed, even though he was told not to, which have • exacerbated the situation. Mr. Nygard also yells out loudly that nobody can mess with him because he's Jay Nygard. Walsh noted some of the neighbors have concerns regarding their safety. In one instance the police were called and the neighbors were told to just try to get along. Walsh indicated this is not an individual you can get along with, you either do what he wants and what he says or you are the enemy. Walsh noted Orono residents pay twice as much in property taxes to have a police department and he wants to be sure Orono has a responsive police force. In some instances calls do not get returned that aren't real positive. He compared those staff positions to being in farming where 80% of the work is fun and 20% isn't, but the 20% must also be done. Walsh stated some of these issues need to be resolved so it's not exacerbating the neighborhood situation where an individual thinks they can do whatever they want regardless of what the city says, even if they say no, and they do it and then nothing is done about it. He asked that the neighborhood get a little more attention and thanked Council for their time. PLANNING DEPARTMENT REPORT 5. 11 -3527 JASON AND JODY SMITH, 2690 RAINEY ROAD - VARIANCE Chris Thompson, CT Construction, appeared on behalf of Jason and Jody Smith. Curtis stated the applicants are proposing to construct a two -car garage addition 38 feet from the east side lot line of their property where a 50 -foot setback is required. The east side lot line abuts a private road outlot, owned by the homeowners association, with underlying road easements to the City for possible Page 2 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. (5. 11 -3527 JASONAND JODYSMITH, 2690 RAINEYROAD, Continued) future connection to Gander Road. The private road outlot has not yet been developed with a road. It currently is wooded land and visually appears merely as part of the applicant's property. However, this configuration makes the east lot line a "side street lot line" with a required "side street yard" of 50 feet in which structures are normally not allowed. A similar request by the previous owners was made in 2006. The owners at that time were requesting a setback variance to allow a 40 -foot setback where a 50 -foot setback is required in order to construct a garage addition. Staff and the Planning Commission recommended denial of the former request. However, the City Council voted to approve the requested setback variance. The owners did not construct the addition and the variance has since expired. At their October meeting, the Planning Commission voted 4 to 1 to recommend denial of the side street setback variance consistent with Staff recommendation. The dissenting Commissioner felt the applicants had demonstrated practical difficulty. Planning Staff continues to recommend denial of the setback variance for the reasons outlined within Staff s report. Thompson stated the garage is limited in space and pointed out the entrance to the house that is located in the garage. The practical difficulty is the steps going into the basement protrude into the garage and take • away a substantial amount of space to park a car. To address this issue, they are proposing to add a 32'x 26' foot garage. The proposed garage encroaches 12 feet into the setback for the road, which is proposed to be constructed at some unknown point in the future. Without the road, they would be within eight feet of the 30 -foot yard setback. The property owners have looked at a number of options for designing the garage and have narrowed it down to this proposal. The other practical difficulty is a secondary drain field and a number of trees. The primary septic system is also in the way and limits their ability to construct an outbuilding. Thompson stated in his view it is not feasible to construct a building on any other part of the lot. The Planning Commission had suggested that maybe the garage could be located closer to the street in front of the exiting garage. Due to the layout of the property, it would be a huge eyesore because it would be very noticeable from the street and would change the overall appearance of the home. Thompson noted the same variance was granted a few years ago but the previous property owners elected not to construct the garage at that time and the variance expired. The previous City Council found that the conditions of the existing property are peculiar to it and do not apply generally to the other properties in the zoning district; granting the variance would not adversely affect traffic conditions or create other dangers to the neighboring properties; would not merely serve as a convenience to the applicants but is necessary to alleviate a practical difficulty to the applicant; the garage is necessary to preserve a substantial property right for the applicants; and the proposal is within the spirit and intent of the zoning code. Page 3 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. • (5. 11 -3527 JASONAND JODYSMITH, 2690RAINEYROAD, Continued) Thompson stated the concern is the plot of land where a potential future road would be located. This is a heavily wooded area and they would not be encroaching on that area at all. They would still be 10 to 15 feet from that area. No trees would be disturbed and no sight lines would be changed. McMillan noted there is 14 feet before they hit the 50 -foot setback to add on to the garage, and noted that only one stall in the existing garage is substantially impacted by the stairs. McMillan asked whether that 14 feet would solve that issue by allowing them to create another stall to take the place of the one that the owners are attempting to replace. Thompson stated they did discuss that option but they are a growing family and they would also like room for storage and large vehicles. It would be in their best interests to have a larger space. The property owners do not want to keep those items outside. Jody Smith stated the stairs to the basement also affects the second stall as well. The first stall is only 15 feet and is very small. They both drive SUV's, which means you have to wiggle in and angle the vehicle to avoid the stairwell. Smith stated it affects the entire double garage and that they would like two full stalls for two cars. The area by the stairwell would be used for storage. The extra stall would for storage as well. Rahn noted the outlot is to connect a future road and asked what the standards are for a private road. • Rahn stated it is his understanding private roads do not need to meet city standards. Gaffron stated the city standard generally for a private road is 24 feet and potentially 28 feet paved within that 50 -foot corridor. Based on the number of houses located on the road, it would require at least a 24 -foot road. Rahn asked whether the City has a history of taking over private roads. Rahn commented the City has allowed people not to build roads necessarily to city standards if they are private, but that may be different if the City takes over that road at some point in the future. Gaffron indicated the City has seldom taken over a private road. The one instance he can remember is a situation where the private road was intended to be continued to the property to the north but the owner of the private road said he was going to charge the next developer a high dollar amount to use that private road. Eventually the City took over that portion of the road. The City has a strong history through the years of providing connecting corridors. The intent is to create through roads. If the City is forced or chooses to take over a private road, maintenance is easier with through roads. Rahn stated having a 40 -foot setback approved previously, he would be on board with a single stall. If the current property owners looked at the records, they would have seen that the previous owner was given a 40 -foot variance, which is what he would be willing to approve. Rahn stated in his view the 40- foot variance is a happy medium between the 30 and the 50. Bremer asked if they approve a 40 -foot setback, whether they would be able to construct a double garage. • Page 4 of 16 C: MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. (5. 11 -3527 JASON AND JODYSMITH, 2690 RAINEY ROAD, Continued) Jody Smith indicated they would. Smith noted the president of the homeowners association is also present tonight if the Council would like to speak with her. Rahn commented he would rather have the homeowners association maintain the road rather than the City. McMillan stated practical difficulty is not the desire for a three -stall garage for vehicles and a boat, and that the City has typically limited it to two stalls. Mattick noted the previous variance has expired and the Council is not bound to grant the same variance. The Council should address the issue of what the likelihood is that this road will ever be constructed. Mattick stated he is not aware of anyone indicating that due to the proposed location of the garage, it will impede someone's ability to construct the road at a width that the City would be comfortable with. Curtis indicated it would not impede construction of the road. Mattick stated there also has been no mention of that road being constructed any time soon. Rahn stated if the road is constructed, there might be a new owner and there may be complaints about the road being so close to the garage. Rahn stated he is weighing more heavily on the fact that the 40 -foot is setback was passed previously. McMillan noted there is a 50 -foot setback on the front, and asked about the setback for the road outlot. Gaffron stated the north/south corridor makes it a side street setback and in the two acre zone, a 50 -foot setback is required. Curtis noted the west side has a 30 -foot side setback because it abuts another property. Gaffron stated if the future road were not located there, it would be a 30 -foot setback. Printup commented this is probably a similar conversation that was had back in 2006. McMillan stated there was also a discussion of the septic system being a practical difficulty, but in looking at it today, she does not see it the same way. McMillan noted typically the City does not allow a garage in front of an existing structure. Curtis stated they had suggested they bring the existing garage forward. McMillan commented the property owners do not like the appearance of that. Thompson pointed out it would substantially change the appearance of the property. Rahn noted there is a floor plan included in Council's packet that depicts the layout of the garage that was approved by a previous council and was a substantially larger garage with way more impact. • Page 5 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. (5. 11 -3527 JASONAND JODYSMITH, 2690 RAINEYROAD, Continued) Rahn moved, Franchot seconded, to recommend approval of Application #11 -3527, Jason and Jody Smith, 2690 Rainey Road, granting a 40 -foot variance to the outlot setback. VOTE: Ayes 4, Nays 1, Bremer Opposed. 6. 11 -3528 TIMOTHY AND DANIELLE KOEHLER, 4205 NORTH SHORE DRIVE - VARIANCE - RESOLUTION NO. 6092 Timothy Koehler, Applicant, was present. Curtis stated in 2007, variances were granted for lot area, lot width average lakeshore setback, and hardcover in order to construct a new residence on the subject property. The house was built and a certificate of occupancy was issued in 2009. An agreement in 2009 allowed the existing shed on the property within the 0 -75 foot zone to remain so the 0 -75 foot hardcover does not match the resolution. Since that time the applicants purchased and occupied the new home. The variance approval limited the property to 167 square feet within the 0 -75 foot zone, and 3,512 square feet within the 75 -250 foot zone. The 2007 variance also limited the property to 2,732 square feet within the 250 -500 zone where normally 30 percent hardcover is permitted. Variances are required in order to exceed those levels. • The applicants would like variances to make hardcover improvements to the property in order to make the • driveway and other areas safer, more functional and aesthetically pleasing. They were initially proposing to remove a 73 square foot patio within the 0 -75 foot zone; add 88 square feet of hardcover within the 75- 250 zone for a patio; and add 590 square feet to the 250 -500 foot zone for additional driveway and retaining walls. The patio should have been removed with the 2009 agreement. The Planning Commission voted 5 to 0 to recommend approval of variances as follows: 1. Removal of all of the 0 -75 foot zone hardcover except for the shed and the stair; 2. Approval of an in -kind replacement of the patio within the 75 -250 foot zone constructed by the builder and revisions to driveway turnarounds resulting in a 75 -250 foot zone hardcover variance to allow 29:1 percent hardcover where 25 percent is normally permitted and 28.4 percent was previously allowed by variance. Approval of a side setback variance to formalize the location of the eastern, blue stone retaining wall to remain as constructed up to the property line; 4. Approval of a hardcover variance up to the Code permitted 30 percent within the 250 -500 foot zone to create a functional driveway turnaround along with removal of the second turnaround. Planning Staff recommends approval of hardcover variances and a setback variance for the retaining wall consistent with the Planning Commission's recommendation. Due to the timing of the application and the need to resolve the unsafe driveway issue before winter, Staff drafted a resolution based on the submitted, revised landscape plan and unconfirmed hardcover numbers. The applicant will submit an updated survey to verify the hardcover as approved. Should the 75 -250 foot zone hardcover numbers differ • slightly from the approved amounts, Staff will amend the resolution accordingly. If the revised hardcover Page 6 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. (6. 11 -3528 TIMOTHYAND DANIELLE KOEHLER, 4205 NORTH SHORE DRIVE, Continued) numbers result in an unexpectedly high level of hardcover within the 75 -250 foot zone, Staff will bring the revised numbers back to Council for review. Timothy Koehler stated he does not have anything to add to Staffs report and that he is fine with Staffs recommendation. McMillan noted she is okay with three of the four recommendations. McMillan stated as it relates to the 250 -500 foot zone, she is okay with additional hardcover due to the turnaround situation as long as it stays under 30 percent. Given the fact that there are not firm hardcover numbers for the 75 -250 foot zone, in her view the applicant should conform to the previous resolution. The applicant could reduce the size of the outdoor kitchen patio or another area. It appears the patio is nonfunctional and the outdoor storage/kitchen area is in poor shape. McMillan stated in her view it should all conform to the hardcover numbers contained in the previous resolution for that zone. Curtis noted the applicant is requesting is 29.1 percent, which is the number their surveyor arrived at for the survey. The applicant has made adjustments in the landscape plan and the discussion with the Planning Commission was based on the landscape plan since the applicant felt that was what they would like to do. The applicant's surveyor based his numbers off of the site visit and off of the intended changes • to the driveway. The revision to the landscape plan should be consistent with the resolution. McMillan stated if they are tearing out the patio and the outdoor kitchen area, in her view this is the time when the hardcover should be brought into compliance. Koehler noted this is a very small area, and if hardcover is removed from there, it becomes even less functional. They are attempting to replace a patio that was existing since it was not constructed appropriately and they are adding the bare minimum to the driveway. Koehler stated they added gravel at the beginning because it was their understanding that gravel was not considered hardcover. They later found out that it is considered hardcover if it is driven on. Koehler stated at the Planning Commission meeting they spent a fair amount of time figuring out the least obstrusive way to make the necessary improvements. Koehler indicated if they are required to make additional changes, they will not have time to make the improvements this year and they will have to go through another winter with the existing driveway where they are required to back out on to North Shore Drive. Koehler indicated they will lose the functionality of the driveway and the kitchen area. McMillan commented the driveway issue appears to be focused in the 250 -500 foot zone. Koehler indicated it is a two -tier driveway and that currently service trucks refuse to come down to their house due to the steepness of the driveway. They are attempting to add a turnaround to address that issue. McMillan stated she is having a difficult time understanding where the different zones are located. Curtis pointed out the 250 -500 foot zone on the overhead. • McMillan stated she does not have a problem with the piece up by the road. Page 7 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. (6. I1 -3528 TIMOTHYAND DANIELLE KOEHLER, 4205 NORTHSHORE DRIVE, Continued) Rahn commented he does have an issue with the piece up by the road and that the difficulty by service trucks accessing their driveway is really not a legitimate argument. Rahn stated he finds it hard to believe that service people would drive down that driveway, but to actually have a pad to turn around a service vehicle is not a legitimate request. Rahn stated in his view the Council will be inundated with these types of requests if this one is approved for that reason. Rahn noted the request should be based on something that is peculiar to this lot. Koehler commented it is an incredibly nonfunctional driveway and that they are attempting to make the driveway more functional. Rahn stated he does not mind improving the driveway turnaround piece, but that there is always more to it than just the driveway not being functional. Rahn noted there obviously had to be a good reason for the previous council to limit that higher zone to 26 or 27 percent.,_ Koehler commented they probably were trading off hardcover. Rahn commented he is not sure why three or four years later these applications are coming back asking for another two or three percent. Rahn asked if there was a turnaround included in the original approval. Koehler stated they constructed it in the wrong place, and when you back into it in the winter, your vehicle tends to turn sideways and down the driveway. Curtis illustrated the turnaround area and the driveway. Rahn stated that looks functional and asked if that is the location of the turnaround. Koehler stated it is the location of the turnaround but that the driveway is very steep and you start to slide down the driveway when you back into the turnaround. There is also a cut -out that makes it difficult to navigate the turn, especially with a large vehicle. They are attempting to make a different turnaround in an area that is not as steep so you can back up. Rahn commented he is okay with that turnaround but that he would like to limit the hardcover in the 250- 500 foot zone. McMillan asked how many garage stalls there are. Koehler stated there are two garage stalls. The driveway configuration is difficult to navigate and two - tiered. Koehler stated in his view the Planning Commission understood the difficulty of navigating the driveway with a large vehicle and that there are practical difficulties associated with the driveway. Rahn noted in the 75 -250 foot zone the applicant is looking for less than a one percent increase. Bremer noted Staff said the hardcover would be subject to the survey and that Staff would bring it back to the Council if it exceeded a certain amount. Bremer asked what that number would be. Page 8 of 16 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. (6.' 11 -3528 TIMOTHYAND DANIELLE KOEHLER, 4205 NORTH SHORE DRIVE, Continued) Curtis indicated she would like the Council to tell Staff what number they would be comfortable with. Franchot stated the Planning Commission put a fair amount of time into this application and the majority of the commissioners had visited the property prior to the meeting. Franchot noted the City has had a number of unanimous Planning Commission recommendations that the City Council has not followed, which in his view is a problem. The Planning Commission is the group that the Council has asked to look at these applications from a technical perspective and that it is concerning to him that the Council is doing the work of the Planning Commission with some of these questions. Franchot commented he has a strong inclination to accept the recommendation of the Planning Commission since their recommendation seems reasonable and rational based on their visit to the site. Bremer stated she is in agreement with Council Member Franchot. Given the public hearing process at the Planning Commission level, there is more opportunity to obtain input from other people. Bremer noted she has read the previous resolution and that it is difficult to glean from that what the rationale was of the previous City Council. Bremer commented she does not remember this application and that the City Council needs to remain vigilant that they do not design projects for people, but yet they need to ensure that they do not allow something to be built that is not feasible. . • Koehler stated they purchased the home from a builder who had rented the home out. Based on how the home was maintained, it was obvious the renters did not care about the home. Koehler stated he will not be coming back next year and requesting more hardcover. They are the first homeowners that have attempted to try to resolve some of these issues. McMillan stated since the Council does not have definite hardcover numbers for the 250 -500 foot zone, she would like to stay with the numbers listed in the resolution. McMillan indicated she is fine with the practical difficulties regarding the stone wall,and the practical difficulties for the 250 -500 foot zone but that the hardcover should remain at what is included in the resolution. Koehler stated they would not be able to do the project then. Koehler indicated they were halfway through the project when work was stopped by the City and that they have spent a number of months working with Staff in an effort to comply with the City's regulations. The contractor has structured this project for the way it was designed and approved by the Planning Commission. They would have to start over if they are required to change the hardcover. Franchot commented he does not understand the issue raised by the Mayor. Rahn stated the issue is the lack of accurate hardcover numbers. Koehler stated it would not even be close to one percent. McMillan noted the City has had other situations where property owners were not even allowed to have a patio because they were over on their hardcover. McMillan commented she does not take these • applications lightly. Koehler noted he is $10,000 into this project and he has nothing to show for it. Page 9 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. (6. 11 -3528 TIMOTHYAND DANIELLE KOEHLER, 4205 NORTH SHORE DRIVE, Continued) Bremer asked why there is no survey. Koehler stated they started construction in July and he was not aware they needed a permit. Originally they wanted to install permeable pavers because he knew they could not increase the amount of hardcover. Koehler indicated he asked his landscaper to design something that would not impact the hardcover. They were told that permeable pavers would be counted as hardcover so they asked about gravel and were told that gravel does not count as hardcover. They then started the landscaping project. As they got into the project, the City said the gravel would be considered hardcover and that they could not continue the work. Koehler indicated they then had a discussion with Staff on what is considered hardcover. The city then asked him to get a survey since the original survey was not accurate. Koehler noted they got the hardcover survey done and then there were some issues that were nonconforming with the original resolution, such as the retaining wall. This process has literally gone on for months. Last month they had the Planning Commission meeting and negotiated what they thought was a fair solution. Bremer asked what is the purpose of the new survey. Curtis indicated it is to verify the landscape plan, which has changed and does not match the current • survey. The City Council could limit the applicant to the amount of hardcover listed in the hardcover calculations. The current plan does not match the survey that the hardcover is based on. Koehler pointed out the little piece behind the driveway is the difference. They need to make it deep enough to back up into. Bremer stated the Council could do a maximum number. Curtis stated that is why Staff is willing to bring it forward without a formal survey. Staff is relatively confident with the hardcover numbers but that typically the Council has a final survey before approving a resolution. Koehler indicated they did attempt to have the survey completed before the Council meeting but their surveyor is out due to surgery. Franchot asked whether the approval by the Planning Commission takes into account the little piece by the driveway. Curtis indicated that it does but that it is not included on the survey. Koehler noted that little piece is on their landscape plan. Rahn asked Staff to explain the patio situation. Rahn asked if the patio will be relocated. Curtis indicated the patio will not be relocated. The patio was originally put in without a permit and that • it has become deteriorated over the years. Page 10 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. (6. 11 -3528 TIMOTHYAND DANIELLE KOEHLER, 4205 NORTH SHORE DRIVE, Continued) Koehler indicated he tore it out and that it is 80 percent complete. Rahn asked whether the original plan included a patio. Curtis indicated there was not a patio on the original plan and that the builder added it during construction of the home. There are some discrepancies in the plan but it is not that far over what was originally approved. McMillan asked if the applicant is planning on constructing 112 square feet of patio. Koehler indicated it will be the same size patio that was there originally when he purchased the house. McMillan noted the driveway is 631 square feet and that there is no turnaround being added according to the hardcover calculations. Rahn commented there does need to be a functional driveway and that he does not have an issue with the little pad but that he does have an issue with the lower turnaround. • Printup indicated he is okay with the lower turnaround. If the hardcover numbers are unexpectedly high, Staff recommends that the Council revisit it. Printup asked what the Council considers to be unexpectedly high. Rahn commented if it goes over one percent. Rahn noted the requested hardcover is .8 percent. ' Printup stated he would be comfortable with the Council revisiting this application if the hardcover is one percent or more. The additional hardcover would help make the driveway easier to navigate. Koehler noted they were asked by Staff to include some of these items, which is why it shows up as both existing and proposed. They were asked to put it on as existing hardcover. Curtis stated a portion of the work on the property had been done, and for an existing survey, Staff needed to know what existed and then what was being proposed. Koehler indicated they changed the survey to show the existing and the driveway. Franchot stated that would explain why the numbers are the same. Bremer commented this is why the City now requires as -built surveys. Franchot moved, Bremer seconded, to adopt RESOLUTION NO. 6092, a Resolution Granting Variances to Municipal Zoning Code Sections 78- 967(b)(3) and 78 -1288, Timothy and Danielle Koehler, 4205 North Shore Drive, with the understanding that the Council will review the application again if the final survey shows the additional hardcover to be in excess of one percent of • the hardcover listed in the resolution, which is 29.1 percent in the 75 -250 foot zone. Page 11 of 16 011a111_ - • :1_ ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. • (6. 11 -3528 TIMOTHYAND DANIELLE KOEHLER, 4205 NORTHSHORE DRIVE, Continued) Rahn stated that was not his understanding of what the one percent was and that he was thinking it was the 28.4 percent listed in the original resolution. Bremer stated Staff was looking for direction on the amount of hardcover that would be allowed before the Council would need to review the application again. Bremer noted the Council has to use the number that is in the draft resolution. If the number is less than one percent, the applicants do not have to come back. McMillan asked whether a rain garden needs to be installed. Koehler noted it has already been constructed. VOTE: Ayes 3, Nays 2, Rahn and McMillan Opposed. *7. 11 -3529 ESTATE OF ARTHUR J. NELSON, 400 WILLOW DRIVE SOUTH AND 2260 FOX STREET - SUBDIVISION, LOT LINE REARRANGEMENT - RESOLUTION NO. 6093 Printup moved, Rahn seconded, to adopt RESOLUTION NO. 6093, a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 400 Willow Drive South and 2260 Fox Street. VOTE: Ayes 5, Nays 0. is 8. DONATION GARDEN, 2300 FIRE STATION DRIVE - LICENSE AGREEMENT RENEWAL Curtis noted the applicant would like to discuss the issue of insurance. April Wysocki thanked the Council for drafting this agreement and stated that they are looking forward to next year. Wysocki asked whether they should provide insurance from the date of execution or only during the time the garden is being used. Mattick stated the anticipation is that it will be insured the entire time the agreement is in place, which would be the end of 2012. Wysocki asked whether it should be insured for a 12 -month period. Mattick indicated it should be. Wysocki asked whether they will need to pay the typical Orono license fee. Mattick stated there is no licensing that is required and that it automatically renews pursuant to the agreement. Wysocki asked if it would be the normal fee for a license. Mattick stated he did not anticipate a license fee beyond what is contained in the agreement. Page 12 of 16 V MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. (8. DONATION GARDEN, 2300 FIRE STATION DRIVE, Continued) Wysocki noted they had asked for a $5 license fee. Mattick stated the draft had a one dollar per year provision in it but that is not in the agreement before the Council tonight. Mattick stated he is not sure what the City would charge for a garden and that it was contemplated it would be a one -time fee. Mattick commented the fee should probably be included in the agreement if the Council wishes to charge some type of a fee. Vee stated they originally talked about charging it as a special event permit, which would have been a $50 fee. Mattick stated if the Council is not contemplating a fee, then the agreement is fine as is. Wysocki stated they needed to clarify the insurance issue for their insurance agent. Mattick noted the group does have access to the site and that they are contemplating leaving property on site, such as a fence and other items. The Council could limit the insurance coverage period, but if something happens outside of that time period, the City's insurance would need to cover it. Bremer asked how it was handled this past cycle. • Wysocki stated it was insured through October 31 st. If the growing season starts earlier this year, they would like to get in there as soon as possible. Bremer commented that speaks to the need for having the insurance the entire period then. Bremer moved, Franchot seconded, to approve the revised donation garden license agreement. VOTE: Ayes 5, Nays 0. CITY ENGINEER'S REPORT Jared Ward, City Engineer, had nothing to report. MAYOR/COUNCIL REPORT McMillan thanked Staff for coordinating the Lurton opening. Printup stated as it relates to the RFPs and looking at adding a Public Works/Engineer, he was wondering if the Council would agree to ask staff to come up with a list of some of the common questions regarding day -to -day activities of the Public Works Department. Printup commented knowing some of the day -to- day operations that go on would be helpful to him. Printup noted in a couple of the applications tonight there was talk about past meetings in 2006 and 2007. • Printup noted previously the City's website contained meeting minutes going back ten or more years and Page 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. • (MAYOR/COUNCIL REPORT, Continued) that it is his understanding that adding more minutes from previous years is on the to -do list, but that it would have been helpful if those minutes had been contained in tonight's packet. McMillan reported she attended the Long Lake Chamber of Commerce meeting last week and that they had a speaker talk about ways state government can help small businesses in Long Lake through less regulations and the use tax being fairly implemented across the state. McMillan stated she would also like to mention that she will be sitting in on the meeting with Jeanne Englund about ideas that she has for the Navarre task force. CITY ADMINISTRATOR'S REPORT Loftus reported that Hennepin County restriped the road in the area of County Road 112 and Wayzata Boulevard. In addition, the City of Wayzata had requested a streetlight in that area, which Xcel has now installed. The City of Long Lake has also gone ahead and installed an access gate on Old Highway 12. Loftus noted she attended the County RFP selection process for the tumback and that it will be a two -year design process with input being obtained from all the stakeholders. Right now they are looking at which consultant will head that process. The County is going to wait for Orono to determine who will be • selected as the City's consultant engineer prior to making that selection. McMillan asked what they have budgeted for the design. Loftus indicated the design is over a million dollars. Loftus noted the Council will be interviewing two additional engineering firms on November 28th, and asked if the City Council would like to make the final selection on November 28th or December 12th. Franchot stated he does not see a reason to rush that process and that he personally would prefer the 12th. McMillan commented that would also allow the Council to submit follow -up questions if necessary. It was the consensus of the City Council to schedule December 12th to make the decision on the engineering firm. *9. NIINNEHAHA CREEK WATERSHED DISTRICT - AQUATIC INVASIVE SPECIES Printup moved, Rahn seconded, to approve sending the letter attached to the staff report to the MCWD regarding aquatic invasive species (AIS) efforts in the region. VOTE: Ayes 5, Nays 0. *10. LIQUIDATION OF FORFEITED VEHICLES Printup moved, Rahn seconded, to approve the liquidation of forfeited vehicles through public bid • process and/or Minneapolis Auto Auction or similar business. VOTE: Ayes 5, Nays 0. Page 14 of 16 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. *11. DISPOSAL OF UNCLAIMED PROPERTY Printup moved, Rahn seconded, to approve the disposal of the property through K -BID (public auction). Items that are not sold will be discarded. VOTE: Ayes 5, Nays 0. *12. EXTENSION OF RECYCLING AGREEMENT WITH WASTE MANAGEMENT Printup moved, Rahn seconded, to approve the extension to "Residential Recycling Service Contract" between the City of Orono and Waste Management of Minnesota, Inc., effective January 1, 2012, through December 31, 2012. VOTE: Ayes 5, Nays 0. *13. TITLE REGISTRATION - STIPULATION Printup moved, Rahn seconded, to authorize Mayor McMillan and City Clerk Vee to sign the "Stipulation as to City of Orono Resolutions." VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Mattick had nothing to report. 14. LICENSES & PERMITS *14A. One Day Gambling - Resolution No. 6094 1. Orono PTO (raffle) Mid - Winter Fun Fest - Orono Middle School 12:00 p.m. - 4:00 p.m. Saturday, February 4, 2012 Printup moved, Rahn seconded, to approve the above listed permit and to adopt RESOLUTION NO. 6094, a Resolution Approving the Minnesota Lawful Gambling Application for Exempt Permit of the Orono PTO for a. One -Day Gambling Permit. VOTE: Ayes 5, Nays 0. 14B. Annual Liquor Licenses Club. On Sale and Sunday Liquor 1. Woodhill Country Club 200 Woodhill Road On Sale 3.2 Percent Malt Liquor 2. Orono Golf Course 265 Orono Orchard Road South Bremer moved, Franchot seconded, to approve the above -listed liquor licenses. VOTE: Ayes 4, Nays 0, McMillan Abstained. • Page 15 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2011 7:00 o'clock p.m. *15. BILLS Printup moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Franchot moved, Printup seconded, to adjourn the Orono City Council meeting at 8:29 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Linda S. Vee, City Clerk ,u - �� Ke-l�- Lill Tod McMillan, Mayor Page 16 of 16 • •