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HomeMy WebLinkAbout06-25-2012 Council MinutesM • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 . 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, Finance Director Ron Olson, Assistant City Administrator of Long -Term Strategic Planning Michael Gaf&on, Planning Director Melanie Curtis, City Engineer/Public Works Director Jesse Struve, City Attorney Soren Mattick, 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 1. CONSENT AGENDA Item Nos. 4 through 9 were added to the Consent Agenda. Franchot moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. • APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF JUNE 11, 2012 Franchot moved, Printup seconded, to approve the minutes of the Orono City Council meeting of June 11, 2012, as submitted. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS - JON SCHWINGLER, REPRESENTATIVE None PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 3. #10 -3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT Ben Gozola addressed the City Council regarding the draft zoning code amendment regulating hardcover. • Gozola indicated the zoning code amendment before the City Council is a culmination of significant efforts that have been put forth by the citizens of Orono, by the Planning Commission, and the City Council to reassess how hardcover should be regulated throughout the City. The reasons for the City undertaking this review were to help Orono regulate hardcover on the various lots throughout the City in Page 1 of 15 C-D2- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. U (3. #I0 -349I CITY OF ORONO -HARDCOVER REGULATIONS AMENDMENT, Continued) accordance with their Comprehensive Plan, to simplify the process, and to reduce the strain on Staff in processing the numerous variance applications. Gozola indicated a survey of 30 communities, including Orono, that was completed by the MCWD at the beginning of this process, showed that most communities around the lake have approved between zero and three variances. In comparison, that same survey shows that the City of Orono estimated that approximately 160 variances may have been approved over the years for hardcover issues. That number of variances puts a considerable strain on Staff to administer the City's requirements, it puts a strain on the City Council and Planning Commission meetings, and it is a strain on citizens as they both have to pay for and then go through a two to three month long process to request relief for something that is nearly always granted. In recognition of all these variances that have been approved, along with the frequent requests over the years by the homeowners asking for more flexibility with regards.to hardcover, the City Council created,*- task force to study the issue and to help draft some language for a new ordinance. The process began with the Planning Commission and City Council compiling a list of goals for the draft ordinance. Those goals were subsequently presented to the task force that was established by the City Council. The task force helped develop more specifics with each of the goals and assisted in the creation of an overall framework for the performance based option that was initially proposed. The goals included coordinating all regulations and to use the consistent term of hardcover; update the definition for • hardcover, close logical enforcement gaps, allow all homes to have a small deck or patio, and eliminate the roof overhang. Gozola stated the overriding theme for people was a simplification of the process. The new proposed language is designed to be easily understandable and should not require frequent calls to the City to find out what is required. One of the ways this has been accomplished is to make sure that consistent terminology is being used. Gozola indicated he has identified four or five different terms that were basically talking about the same thing in the City's current ordinances and that he is proposing to simply use the term hardcover. Also being proposed is language that will clean up the definition for hardcover, language that will close logical gaps in the regulation system as it currently exists, provide a credit for patios and decks since that is something that is frequently a reason for a variance request, elimination of the roof overhang penalty, and elimination of the existing hardcover zones. Gozola stated the new overlay district will be called the Stormwater Quality Overlay District. Gozola noted the current code was amended in 11 different areas. The ordinance includes a map that specifically identifies all parcels that are to be regulated. The map also identifies all of the parcels that are currently regulated under the existing ordinance, which basically comprises all of the properties that are within 1,000 feet of the Lakeshore or 300 feet of streams. That map demonstrates there are gaps in the current system of parcels that are unregulated even though they are completely surrounded by regulated parcels. The parcels shown in purple are the parcels that are proposed to be regulated under the new ordinance. Gozola noted this is a slight increase in the total number of properties that would be regulated but helps achieve the City's goals in improving the water quality of the lakes and streams. McMillan asked how the parcels were identified and placed in certain tiers. Gozola indicated he will be covering that part of the ordinance in a few minutes. Page 2 of 15 .y MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 • 7:00 o'clock p.m. (3. #10 -3491 CITY OF ORONO -HARDCOVER REGULATIONS AMENDMENT, Continued) McMillan asked as it relates to the people who have been added to the overlay map, whether they would be given notice prior to adoption of the ordinance. Gozola stated no special mailing has been sent out to those property owners but that the City can notify those residents. The parcels that have been identified as gaps are located on the outside portions of the current regulations and would fall into the least regulated tier. Of the three tiers that are being proposed, probably 100 percent of those additional parcels fall into the 35 percent tier, which are not the parcels within Orono that generate hardcover variance requests. McMillan commented that a notification is something the City should think about doing prior to adopting the new ordinance. Gozola stated as it relates to the ordinance language itself, Section 78 -1 of the zoning chapter includes various definitions such as building footprint, building coverage, hardcover; lot coverage, and permeable lining. The definitions of building footprint and building coverage were simplified in the new ordinance. An example of building footprint would be the footprint of one particular structure. Building coverage would be the total of all structures. Lot coverage and the regulation of lot coverage was not a focus of this ordinance review and the City's existing approach was not changed. The proposed definition of lot coverage was taken directly from the wording that is used in current Sections 78 -825, and 78 -1403. • Adding this definition should not change how lot coverage has been regulated over the years. City Staff did recommend eliminating the proposed definition for building coverage. The concern is that people looking for a definition of lot coverage might be confused with the definition of building coverage. Gozola stated he would support eliminating that definition. Rahn asked if the definition of building coverage is similar to today's structural coverage definition or whether that is different because decks over six feet are considered structural coverage. Gozola stated typically that is defined as lot coverage which has now been defined with the new definition. As it relates to building coverage, they were attempting to describe multiple buildings on the lot. Gozola stated the new ordinance proposes some amendments to the existing definition of hardcover. Currently the existing definition says anything that does not allow water into the ground is considered hardcover. The new definition will exclude certain things such as permeable landscape fabric, the first 100 square feet of permeable patio or deck with pervious surface below, handicap ramps would be excluded provided there is permeable surface below it, and retaining walls would no longer count as hardcover. Bremer asked if that applies to items outside the 0775 foot zone. Gozola indicated it does. • Bremer commented she has a concern about retaining walls since people tend to use that as a generic term and install retaining walls that are not required but merely are for aesthetic purposes. Bremer stated the City has regulated those in the past by counting them as hardcover. Page 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. • (3. #10 -3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) Rahn suggested the language be amended to say retaining walls that are required or necessary. Rahn noted it also talks about decks with permeable surface below. Rahn stated the City cannot assume that all decks are pervious. Rahn asked if the definition of decks is included somewhere else in the ordinance. Gozola stated decks are included as hardcover just in general but that they are saying 100 square feet, if it is pervious below, would be allowed. Gozola indicated Staff would review the decks on an individual basis. Bremer commented it would really be pervious decks with pervious surface below. McMillan stated it could be a concrete deck or some other impervious material. Rahn asked whether homes on the lake that were constructed without a deck and are at the maximum amount of hardcover would be allowed to put a 100 square foot deck on their home after this ordinance =: passes. Gozola indicated under the new ordinance, they would be allowed 100 square feet of patio or deck without going through a variance process regardless of the amount of hardcover on the lot. Gozola stated that history has shown that cities typically will allow a 100 square foot deck or patio. Bremer stated she disagrees with that because the City Council has not typically allowed people 100 • square feet of deck or patio if they are over or maxed out on their hardcover. Rahn asked if there is a house with 200 square feet of existing deck, whether they would be allowed another 100 square feet. Gozola indicated they would not be allowed an additional 100 square feet of hardcover. Rahn stated in his view that is penalizing the people who did it right and allowing the people who maxed out their hardcover to come back to the City and ask for another 100 square feet of deck or patio. Gozola stated the City could look at their 200 square feet of deck and only count 100 square feet against their hardcover on their lot, which would be a credit of 100 square feet. McMillan asked where swimming pools would fall into the definitions. Gozola indicated swimming pools would be considered hardcover. McMillan asked if that is included in the ordinance. Gozola indicated that could be included under Item No. 1. Rahn commented they would not be able to list every single item, but since swimming pools are a more commonly requested item, he would recommend listing it. • McMillan stated she would move Item 2 into the hardcover exclusions section but that they can discuss that later. Page 4 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 • 7:00 o'clock p.m. (3. #10 -3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) Gozola stated the last definition discusses permeable lining and the various products that are currently available on the market. Gozola stated Section 2 of the ordinance is the first example of how the current hardcover regulations are being moved from other sections of the code into the new overlay district. Section 78 -626 (6) is proposing to remove the hardcover regulations in that section in its entirety and place those regulations into the overlay district. Subdivision 14 has a change from the use of the term hard surface materials to hardcover. Section 3 of the ordinance also changes the term hard surface to hardcover. As it relates to Section 4 of the new ordinance, that language cleans up existing Section 78 -825. The first change was that the language in its existing form does not contain any subsection headings. To be consistent with the rest of the code, Gozola indicated he is proposing that that section be clarified as well as eliminating the industrial district hardcover regulations since those will be moved to the new overlay district. McMillan asked why there is a push to change the industrial district regulations. Gozola stated they are not changing the industrial hardcover regulations but merely moving it into a new section. Gozola indicated the industrial district would be placed into its own tier. • Gozola stated as it relates to Sections 5, 6, and 7, similar changes have also been made.. Since a new hardcover definition has been established in the main section of the zoning code, the existing definition in 78 -1211 will be eliminated by Section 5. Section 78 -1288, which is the section that contains the majority of the City's existing hardcover regulations, is proposed in Section 6 to be deleted in its entirety and replaced by language stating that hardcover on lots within the shoreland district need to adhere to the new overlay district. Section 7 removes some existing language that allows for the transfer of hardcover between the hardcover zones. That language will no longer be necessary since those zones will not exist under the new ordinance. Section 8 will update terms in Section 78 -1601 to reference hardcover rather than impervious surface. Section 9 makes a slight amendment to the definition of MLCCS by inserting the term hardcover rather than impervious surface. Section 10 inserts some reserve sections at the end of the existing City Code to set up the location for the new overlay district and follows the same format as the existing code. Section 11 is the main body of the overlay district and follows the existing format used in the rest of the code. Section XIH, Division 1, is entitled In General, which outlines the purpose of the regulations and adopts the official map. Under this section, if a parcel is identified in the overlay district, it needs to adhere to the regulations of the new ordinance. Division 2 of the overlay district establishes the general regulations that all parcels within the overlay district need to adhere to and contains the majority of the regulations that have been moved from the existing sections. Section 78 -1680 maintains the existing prohibition on hardcover within 75 feet of the ordinary high water mark for lakes and streams. Sections 78 -1681 and 78 -1682 maintain the existing regulations on driveways and shared driveways. Section 78 -1683 re- establishes the existing regulations for standard • hardcover, such as proof of a garage, proof that there will be a sidewalk adjacent to the driveway up to the front door, etc. It also adds a new subdivision under Subdivision 5 that states if there is hardcover Page 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. (3. #10 -3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) encroaching on your neighbor's property, that hardcover will be counted against you, which is a clarification from the existing language. Rahn asked if that is something that the City has enforced in the past. Gozola indicated that is how the Code has been interpreted and regulated in the past but it is not clear in the current ordinance. Rahn commented it is hard for him to assess somebody's driveway that might cross the property line back into the percentage of hardcover. Bremer asked if you would include the hardcover of your driveway that encroaches into your neighbor's property. Gozola'siated in his view you'would not. Gozola stated this is an incentive for people to correct those types of situations. Bremer asked if he would envision it as if that 100 square feet were on a different part of the property. n LJ Gaffron stated there have been occasions where there were fairly significant encroachments that Staff • would include in both the enumerator and denominator of the property. If someone has an excess of 100 square feet of hardcover that is on the neighbor's property, Staff is going to expand the size of the property for calculation purposes by 100 square feet and add all of that hardcover into the calculation. Bremer asked if that is how the language is written in the new ordinance. Gozola stated the City can follow its past practices and that in his view the proposed language would not prohibit them from doing that. Gaffron stated he is in agreement that it would not preclude the City from doing that analysis. Bremer stated she would like them to define what that analysis is in the ordinance. Gaffron asked if someone is encroaching on a piece property, whether that means that piece of property is no longer included in the calculation. McMillan stated in her view the lot area should be the person's boundaries. Rahn stated the parcel that is being encroached upon could be looked upon as a shared driveway situation. Rahn stated that will need to be looked at a little closer. Gozola stated as it relates to the provision on the prohibition of hardcover within the 0 -75 foot zone, under the existing code people cannot put hardcover in the 0 -75 foot zone and the new language would include that same prohibition. • Page 6of15 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. (3. #10 -3491 CITY OF ORONO -HARDCOVER REGULATIONS AMENDMENT, Continued) Gozola noted Section 78 -1684 re- establishes existing hardcover exclusions such as public roads and trails and follows up the new language in the last section with clarification that a property owner will not be penalized for their neighbor's hardcover. McMillan stated she sees that as a logical place to include the 100 square feet of impervious surface and other hardcover exclusions. Mattick agreed it would make sense to include it in that section. Gozola stated the definition for hardcover is all - inclusive so that people will know up front that there are a few caveats that do not fall under that definition. McMillan stated impervious pavers are technically still considered hardcover but that they are just excluding 100 square feet of it. 3rr Gozola stated Division 3 contains the specific regulations based on the assigned protection tier for the underlying zoning district. Gozola noted the existing code does not regulate all of these properties in the same way and neither will the new ordinance. As is the case with the current regulations, the new regulations are going to be more restrictive with properties that are near the lake and less restrictive on • properties that are located further from the water bodies. The proposed regulations under this proposed overlay district are essentially the same as in the existing code. In the new ordinance, all properties are assigned a protection tier on the overlay map. If the property is primarily regulated by the second hardcover zone, it would be Tier 2 and so on. These tiers correspond directly to the tiers listed in the first section of Division 3. Bremer stated her property has a number of different zones and that under the new ordinance she would have two zones. Gozola stated all lakeshore properties are Tier 1 properties and the other properties would be split between Tiers 2 and 3. Tier 1 would regulate parcels based on 25 percent of the gross land area between the OHWL and a distance of 250 from the OHWL, Tier 2 is 30 percent based on the gross lot area, Tier 3 is regulating 35 percent based on the gross lot area, Tier 4 is 50 percent, and Tier 5 is 85 percent. These percentages are exactly the same as what is in the existing ordinance with the exception of Tier 1. Gozola indicated he attempted to be as fair as he could in assigning the properties to the different tiers. McMillan asked what the City should say in response to someone who challenges why they are in a particular tier. McMillan stated she would like to see some type of formula or policy included explaining why particular properties were placed in certain tiers. Gozola indicated he would be willing to write down the reasons and the logic that were used in assigning the parcels to particular tiers. • Rahn asked if there is any distance related to the assignment of tiers. Page 7 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. (3. #10 -3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) Gozola stated Tier 1 is basically 0 -250 feet out. Anything that is lakeshore or if there is a .buffer between you and the lake and your land is 50 feet to 200 feet from the lake, you would be assigned to Tier 1. The second tier was 250 feet out to 500 feet and the third tier was 500 feet out to 1000 feet. McMillan stated in her view it would be good to spell that out. McMillan noted there are some fairly large parcels that have not been subdivided within the City. McMillan asked what will happen when those lots are subdivided. Gozola stated the City would need to look at those parcels at the time they are subdivided and determine which tier they would fall into. McMillan asked whether the City would need to codify that policy. Mattick stated the map designates the.; various tiers and that the map would govern which tier a particular property is placed into. r McMillan asked what they would do in the event one of the larger properties gets subdivided. • Mattick stated the City could also do a text amendment on the larger parcels and designate in which tier the property is located. • Bremer commented there appears to be some sporadic parcels assigned to the various tiers. Bremer stated she is assuming there was some logic behind the various assignments, but that she is looking at the map overall. Rahn stated when you look at the tier overlay map, it does not seem like it was developed using distance, and that was why he was questioning how the tiers were set up. Bremer asked whether Staff has had an opportunity to review the map. Gaffron indicated Staff has seen it but that they have not gone parcel by parcel to see whether they have been correctly placed in the right tier. Gaffron stated Staff can do that if the Council feels it is necessary. Bremer stated she would like to figure out the best way to do some random spot checking of the overlay map. Bremer stated in her view the biggest issue that she has with the ordinance is the placement of the properties into different tiers. The residents understand the different zones under the current system and to go to something different has to result in something better. Bremer stated the City will never have 100 percent assurance that all of the lots have been correctly identified. Gozola stated one of the big benefits of going to the overlay map is that the residents can go`to the map rather than a survey and see how much hardcover they are allowed. The hardcover in each tier is based on the total lot coverage. The resident can look up their overall lot acreage and they know exactly what hardcover is allowed. Bremer noted there is a different percentage for beyond 250 feet. • Page 8 of 15 r� MINUTES OF TBE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. (3. #10 -3491 CITY OF ORONO -HARDCOVER REGULATIONS AMENDMENT, Continued) Gozola indicated they do have a caveat for Tier 1 that says beyond 250 feet, the hardcover threshold goes to 30 percent, which matches the City's current regulations. McMillan stated if the total lot area is included in the calculation, theoretically on a long lot, they would be able to use that space towards their calculation, which would increase the overall hardcover. Bremer stated the lot area would not change beyond the 250 to 500 foot zone. Bremer noted there used to be a zone for 500 to 1000 and another zone past the 1000 foot mark. There are lots of properties that fall into the category of 500 to 1000 and they will no longer be at 35 percent but at 30 percent. Rahn asked whether a piece of property 300 feet long would be Tier 1 or whether it would be split up into two different tiers. Gozola indicated it would be in Tier 1 and that Tier 1 is the only tier that is spht.up. The Planning Commission recommended that it woul'be best for Tier 1 parcels that have over 1,000 foot lots to say that the 25 percent is going to only regulate the OHWL to 250 feet out, which matches existing code. Anything beyond that would be regulated at 30 percent. Bremer stated she is in agreement there has to be some type of regulation in the larger areas. Bremer • commented she is not sure there is any logic for the numbers beyond 500 feet. Gozola stated he would not recommend going from 30 to 35 percent to guard against hardcover that is probably not going to occur at 30 percent. Rahn stated the two tiers bring basically what the two zones brought. If the Tier 1 properties are all one zone, people would have a tendency to construct one larger building. When there are two zones, there is a tendency to say that they are allowed another footprint. Bremer stated the reason for raising this is that there will be people, especially the Tier 2 properties, who will naturally go to the different zones rather than the tiers. In some ways it continues on the old practice of calculating hardcover. Rahn commented there would still be that break for the longer lots. Bremer stated the longer Tier 1 lots will not be that numerous but that it could be a point of questioning the tier assignment. Franchot commented that is a natural consequence of not starting with a clean slate but rather simplifying and cleaning up the language. McMillan stated she personally would like 25 percent in Tier 1. Once you get to the 250 -foot mark, it tends to revert back to the old division and brings in some confusion. • Rahn'stated he would like some additional time to study the ordinance. Page 9 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. LJ (3. #10 -3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) McMillan stated if the City went with the DNR percentage, any lot within the first 1000 feet from the shoreline has to be 25 percent. McMillan noted the DNR has just one set number for all lots within 1000 feet of the lakeshore with no tier system. McMillan noted the City does see applications for hardcover on properties that are not next to the lake but the runoff does impact the shoreline properties. Gozola stated there are a lot of situations in the City right now where properties are not regulated at all and that the overlay map and tiers gives a sense of fairness. McMillan commented she would like to know the impact that the lots located further away from the lake have on runoff. Rahn stated that Mayor McMillan is really talking .about two zones; one tier for properties that are withinl000 feet and another tier for properties beyond 1000 feet. Rahn stated in his view tiers are very similar to zones. McMillan noted Staff did not run any numbers on various lots using the DNR regulations and how that would compare with the different tiers. Gozola stated they attempted to match the City's existing regulations as well as they could. • McMillan commented it might be worth it to look at having simply 25 percent of the lot area as the DNR does. Gozola stated they have not looked at that and that it would result in a number of properties that are at 30 percent becoming noncompliant. Franchot asked if the whole approach was to try to avoid creating nonconformities. Gozola indicated that was the case. Franchot pointed out if they went with 25 percent across the board, that it would create a lot of change for a number of people. Rahn stated the direction at the beginning was to try to simplify things and see if we can go away from zones. McMillan stated the people with 0 -75 foot zones would stand to gain under that scenario since they are not allowed to include the 0 -75 -foot setback in their calculations. Rahn commented it would be interesting to look at case studies of what a variance would look like under both sets of regulations. Bremer asked as it relates to Division 4, if someone wanted to• change the pitch of the roof and update • their house, whether that would be allowed. Page 10 of 15 CJ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. (3. #10 -3491 CITY OF ORONO - HARDCOVER REGULATIONS AMENDMENT, Continued) Gozola stated this is existing language that was moved over into the new ordinance. Rahn stated typically with a nonconforming setback, they would not allow them to add a story. Curtis indicated it would require a variance. Mattick stated that would be considered an expansion of a nonconformity. Curtis indicated they do review applications with respect to all regulations and that this ordinance is merely dealing with hardcover. Rahn stated with regard to Number 3, you could have a deck that you are putting a roof on that would put you over structural coverage and would have nothing to do with hardcover. Rahn asked what an open porch means. Curtis indicated it is a screened in porch. McMillan asked what Staffs thoughts are regarding the proposed ordinance. • Gaffron stated a number of questions have been raised tonight and that the ordinance needs a close scrutiny with some case studies being analyzed. Gaffron indicated he would like to avoid having issues come up in the first few months after the ordinance is adopted. Staff will need some additional time to look at it closely and that they can start to look at some of the questions raised by the City Council. Mattick stated he also has not reviewed the draft ordinance carefully but that he did review the tiered system. Mattick indicated he would like to see what led to the judgment call for placing the properties into the different tiers. When someone asks why they are in a certain tier, the City will need to have an answer for them. Mayor McMillan opened the meeting up for public comment at 8:03 p.m. Todd Kimmis, Orono, indicated he has constructed three homes in Orono and that he has resided in the City since 1990. Kimmis indicated he recently purchased a lot on Casco Point and that when he bought the lot, he had assumed he would not have any problems with hardcover. Kimmis indicated it did not take long before he found out that he has some serious hardcover issues and that he is not constructing a big house. With the 0 -75 foot zone not being part of the calculation, he lost out on 12,000 to 14,000 square feet. The lot is 46,000 square feet or 1.1 acre. Kimmis stated when you look at the calculations with the overhangs and retaining walls that were required, he was immediately over the hardcover limit without a deck or a patio. Kimmis commended the City Council for looking at changes to their hardcover regulations. Kimmis indicated he will make sure he does everything that he can to make sure the house is aesthetically pleasing and not harmful to the lake. Kimmis stated he would like the City Council to know that the 0 -75 foot • zone is a killer on certain lots. Mayor McMillan closed the public hearing at 8:07 p.m. Page 11 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p:m. (3. #I0 -349I CITY OF ORONO -HARDCOVER REGULATIONS AMENDMENT, Continued) Rahn stated in his view the City Council needs to sit down with Staff and discuss the ordinance more in depth. McMillan asked whether Staff could bring back some scenarios in approximately month. Gaffron indicated that would be doable. Bremer asked whether Gozola would have the document detailing how the properties were assigned into the different tiers done by then. Gozola stated he could. Franchot asked whether additional notice should be given to the residents such as an article in the local newspaper.. Rahn stated it could take a couple of months before the final language is crafted. Franchot stated he assumes the City Council is going to table this tonight and discuss it further. Franchot stated he was wondering why there are not more people here and that it could be that people are not aware that the ordinance is approaching the final stages. • McMillan stated she would like to see something put on the web site that the Council will be discussing hardcover issues over the next few months. Gozola stated Staff has made good use of the web site by posting the various attachments and providing updates to different residents. There is also a list of residents that are provided information via e-mail on the ordinance. Franchot stated those things require that someone approach the City to find out about it and that the City could be a little more proactive to notify the residents about what they are contemplating. Gozola noted he has received a number of contacts from people regarding the new ordinance and that in general they have been supportive of the ordinance. Gozola indicated he has not received any calls with concerns about the new ordinance. Bremer moved, Franchot seconded, to table Application #10 -3491, City of Orono, Hardcover Regulations Amendment — Ordinance and to direct Staff to bring the application back before the City Council at the July 23rd Council meeting. VOTE: Ayes 5, Nays 0. *4. #11 -3503 CITY OF ORONO, ZONING TEXT AMENDMENT - LAKESHORE RESIDENTIAL ZONING DISTRICTS: DOCK RENTAL - ORDINANCE NO. 93, THIRD SERIES Franchot moved, Printup seconded, to adopt ORDINANCE NO. 93, Third Series an Ordinance • Amending Chapter 78 Regarding Private Docks in Zoning Districts LR -1A, LR -1B, LR -1C, LR -1C- 1 and RS. VOTE: Ayes 5, Nays 0. Page 12 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. *5. #12 -3547 JOHN AND PHOEBE STAVIG, 790 BROWN ROAD NORTH - VARIANCES - RESOLUTION NO. 6147 Franchot moved, Printup seconded, to adopt RESOLUTION NO. 6147, a Resolution Granting Variances to Municipal Zoning Code Sections 78 -305 and 78 -1279, for the property located at 790 Brown Road North. VOTE: Ayes 5, Nays 0. *6. #12 -3554 DOUGLAS AND ANN ENGLUND, 3884 CHERRY AVENUE - VARIANCES - RESOLUTION NO. 6148 Franchot moved, Printup seconded, to adopt RESOLUTION NO. 6148, a Resolution Granting Variances to Municipal Zoning Code Sections 78 -350 & 78 -1288, for the property located at 3884 Cherry Avenue. VOTE: Ayes 5, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT *7. FINAL PAYMENT - STUBBS BAY RAVINE Franchot moved, Printup seconded, to approve the Final Pay Request for the contractor Peterson Companies, Inc., in the amount of $41,964.87 for the completion of the Stubbs Bay Ravine Stabilization. VOTE: Ayes 5, Nays 0. Struve reported that Big Island has been mowed in preparation for the 4,' of July weekend. Old Crystal Bay Road has been resurfaced. Franchot asked how thick the overlay was. Struve indicated it was an inch and a half. Struve indicated the project went quite well. MAYOR/COUNCIL REPORT Franchot reported the Communications Commission is moving ahead with discussions concerning the renewal of the franchise and that they are about to start some studies on the quality of the system prior to beginning negotiations with Mediacom. Printup noted SummerFest was last weekend and that it was a success. McMillan reported she-attended the grand opening for the Creative Kids Academy on June 146' and that they have done an impressive job with the building. The owner of Creative Kids indicated that he had a temporary banner out and that he received an e-mail from someone regarding the banner. McMillan stated the City Council should discuss the signage issue perhaps this fall. • McMillan noted the Highway 12 turnback committee met last week. Page 13 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. (AL4FOR/COUNCIL REPORT, Continued) Loftus stated an open house is being planned for August to try to identify some priorities or values that people might have for that corridor. The committee consists of approximately 16 people. The first meeting was basically an introduction to the process. Loftus noted the Orono Orchard Road neighborhood meeting is scheduled for Wednesday night. McMillan asked when construction is anticipated to commence. Struve stated July 9th is the tentative date. CITY'ADMINISTRATOR'S REPORT *8. APPOINTMENT OF 2012 PRIMARY ELECTION JUDGES - RESOLUTION NO..,6149;; Franchot moved; Printup seconded, to adopt RESOLUTION NO. 6149, a Resolution Appointing Election Judges for the Primary Election to be held August 14, 2012. VOTE: Ayes 5, Nays 0. *9. APPOINTMENT OF 2012 ABSENTEE BALLOT BOARD - RESOLUTION NO. 6150 Franchot moved, Printup seconded, to adopt RESOLUTION NO. 6150, a Resolution Appointing w the Absentee Ballot Board for the 2012 Primary Election to be held August 14, 2012. VOTE: Ayes 5, Nays 0. 10. FUND BALANCE DISCUSSION Olson noted this item was discussed at the work session and that Staff needs a motion authorizing bids. McMillan asked whether any engineering needs to be completed for the mill and overlay roads. Struve stated to advertise for bids there will need to be some minor engineering to create some plan sheets and specifications but that it will be fairly minimal. Bolton and Menk is prepared to start that work and it should be completed fairly quickly. Bremer moved, Printup seconded, to authorize the advertisement of bids on the recommended road projects. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT hs *11. LICENSES & PERMITS None Page 14 of 15 • • *12. BILLS MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 25, 2012 7:00 o'clock p.m. Franchot moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Bremer moved, Franchot seconded, to adjourn the Orono City Council meeting at 8:20 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Lida S. Vee, City Clerk Ll Lill Tod McMillan, Mayor Page 15 of 15