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Home My WebLink About07-08-2013 Council Packet PUBLIC ATTENDANCE MEETING DATE � '8�� 1� COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1 ,� ,,� � , .�� /.�1 S'C��x��a,� .�tI t�,�, �� 5� I i�r ,� � ,, ' �� 2.�_ ��'� '� `� 3. 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V:\(LEGAL FORMS)\�FORMS)\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, July 8, 2013, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda – Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes * 2. Council Work Session of June 24, 2013 * 3. Regular Council Meeting of June 24, 2013 Planning Commission Comments Denise Leskinen, Representative Public Comments – (Limit 5 Minutes Per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 4. 13-3603 Cheryl Coryea & Richard Devlin, 3085 Casco Point Road, Variances - Resolution 5. 13-3604 Eskuche Associates on behalf of Neil & Barbara Goodwin, 2975 Casco Point Road, Variances – Public Hearing 6. 13-3610 City of Orono, Amend Section 78-72 – Lots of Record – Ordinance & Summary Ordinance Public Works Director/City Engineer’s Report 7. Pay Request No. 8 - Orono Orchard Road Reconstruction Project Mayor/Council Report City Administrator's Report 8. Hiring of Part-Time Community Service Officer (CSO) City Attorney's Report 9. Cable Television Franchise Ordinance * 10. Licenses & Permits * 11. Claims Agenda for Council Meeting Set for Monday, July 8, 2013, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification Adjournment Upcoming Events 2013 07/15 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Kristi Anderson) 07/22 – Council Work Session, Monday, 5:30 p.m. 07/22 – Council Meeting, Monday, 7:00 p.m. 08/12 – Council Meeting, Monday, 7:00 p.m. 08/19 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Lizz Levang) 08/26 – Council Work Session, Monday, 5:30 p.m. 08/26 – Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL WORK SESSION Monday, June 24, 2013 5:30 p.m. Present: Mayor Lili McMillan, Council Members Kristi Anderson, Cynthia Bremer, Lizz Levang and Aaron Printup; representing Staff were City Administrator Jessica Loftus, Assistant City Administrator Mike Gaffron, and Finance Director Ron Olson. City Attorney Soren Mattick shared the progress made on exploring a direct franchise with Mediacom. He reported the sub‐committee has met a number of times and the City Council should anticipate the franchise ordinance on a July agenda. Finance Director Ron Olson presented revenue and expenditure factors for consideration in the 2014 budget. He requested the Council’s input in the areas of the tax levy and spending priorities. Discussion ensued regarding specific spending items and the consensus of the Council was to pursue a flat levy with a 0% tax increase. The draft budget will be presented to the Council at the July work session. There were no comments regarding Information Update items. The meeting closed at 6:50 p.m. ATTEST: ________________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Item #02 - CC Agenda - 07/08/2013 Approval of Council Work Session Minutes 06/24/2013 [Page 1 of 1] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 15 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Cynthia Bremer, Aaron Printup, Lizz Levang, and Kristi Anderson. Representing Staff were City Administrator Jessica Loftus, Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, Finance Director Ron Olson, Public Works Director/City Engineer 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 Item Nos. 5, 6, 7, 10, and 11 were added to the Consent Agenda. Anderson moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF JUNE 10, 2013 Anderson moved, Printup seconded, to approve the minutes of the June 10, 2013, City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. MCWD LONG LAKE CREEK CORRIDOR PROJECT UPDATE Becky Houdek provided an update to the City Council regarding the status of the Long Lake Creek Corridor project. In 2011, the Minnehaha Creek Watershed District did a comprehensive study of the area draining to Long Lake Creek and various opportunities were identified regarding stream bank improvements, wetland restoration, storm water management, and other potential projects. The MCWD then ranked the projects in terms of cost benefits. A few of the most cost beneficial projects were selected in 2012 and the MCWD is planning to go forward with them this fall once the water levels go down, The first phase of the Long Lake Creek project consists of three different elements. The first element is the Long Lake stream stabilization project which will occur just south of Wayzata Boulevard. The second phase of the project involves Brown Road in Orono and is also a stream stabilization project. The third element of the project involves the restoration of a ditch wetland just north of the Luce Line Trail and west of Orono Orchard Road. Houdek displayed pictures of the area near Wayzata Boulevard relating to the stream stabilization phase of the project. The water in the area has eroded away some of the creek banks. Similarly, the area near Brown Road has experienced substantial erosion near the culvert. The plan for both of these sites is to use bioengineering techniques, such as a combination of rock and vegetation, along the stream banks in an attempt to stop the erosion. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 1 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 15 (3. MCWD LONG LAKE CREEK CORRIDOR PROJECT UPDATE, Continued) Houdek stated the third element of the project involves a wetland site that has largely been taken over by reed canary grass. The wetland currently does not drain or hold water and basically does not function the way it was intended to. Originally the area used to be agricultural land but over the years it has been converted to a residential area. The goal of the project is to restore the hydraulics, retain the water longer, and reduce some of the sediment and debris into Tanager Bay. Houdek stated essentially a ditch plug will be installed to help hold the water back longer. Houdek displayed before and after pictures of what the project is expected to look like following the work. Based on the modeling that was done, it is anticipated there will not be much impact in terms of the actual wetland boundary or flood risk and the 100-year floodplain will remain the same. The MWCD is still working on obtaining some of the necessary permits and temporary easements and waiting for the water levels to go down. The study also identified a number of other viable projects, such as restoration of a former wastewater treatment pond in Long Lake. That project involves coordination with the Metropolitan Council and is expected to be undertaken in 2014. Another project that was looked at involves a stream that meanders around a former dump site. Houdek noted she visited the site with Mayor McMillan a couple of years ago but the project has been put on hold until the landowner decides whether he will be developing his property. McMillan asked whether the two Orono sites will be accessed through the Luce Line Trail. Houdek stated access will be through the Luce Line Trail and that she is currently working with the DNR to secure permits for those projects. Both projects should only take a couple of days a piece and should not impede use of the trail. McMillan asked if there will be any heavy equipment being utilized. Houdek indicated the wetland work will involve some re-grading and no soil will need to be hauled in or out. The other project along Brown Road will likely require some rock to be hauled in. McMillan noted the topography near that area of Brown Road is fairly steep. Houdek indicated they will probably need to go further up the trail with the equipment and then work their way down. McMillan asked if the damming of the wetland will kill the reed canary grass. Houdek indicated probably some of it will be killed and that it is likely the cattails will take over that area to a greater extend. In addition, some plugs will be planted to provide a little more variety but it is not sure to what extent they will take hold. McMillan asked if the property owner is okay with the project. Houdek indicated the MCWD is still working through some items but overall the property owner is okay with the project. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 2 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 15 (3. MCWD LONG LAKE CREEK CORRIDOR PROJECT UPDATE, Continued) Anderson asked if the City Engineer agrees that the boundary will not change. Struve stated based on the modeling, it appears that the boundaries will remain substantially the same. All of the proposed improvements have been presented to the property owners for their review and ultimately the property owners will need to sign off on some temporary construction easements prior to the project taking place. Struve stated based on the information he has reviewed to date, everything seems to be okay. McMillan asked if the Minnehaha Creek Watershed District has had any issues with the amount of rainfall this area has received this year. Houdek indicated there have been no major problems reported. The City Council took no formal action on this item. PLANNING COMMISSION COMMENTS – DENISE LESKINEN, REPRESENTATIVE Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 4. #13-3607 BILL COFFMAN ON BEHALF OF ERVIN WACHMAN, OUTLOT B, C & D BAYVIEW FARMS 2ND – FINAL PLAT “BAYSIDE MEADOWS” – RESOLUTION NO. 6301 Curtis stated the applicant is requesting final plat approval in order to finalize the plat of Bayside Meadows. The preliminary plat application to create five new lots received City Council approval in March. There is a requirement to connect the two existing lots north and south of the proposed outlot road to the private road. At the time of the preliminary plat, Irv Geffre did not want to connect his private driveway to the outlot. That issue appears to have now been resolved. The other neighbor was agreeable to the connection. Geffre has been working with Hennepin County to formalize his use of an existing gravel driveway curb cut located further west on his property. Hennepin County has agreed to issue a permit to allow improvements to that driveway and will not require connection to the new private road serving Bayside Meadows. The developer will need to obtain a permit from Hennepin County to construct the road. Curtis displayed an aerial photograph depicting the existing gravel driveway approach for Mr. Geffre. It previously was a horseshoe driveway and the gravel portion still remains and provides access to his barn. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 3 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 15 (4. #13-3607 BILL COFFMAN ON BEHALF OF ERVIN WACHMAN, OUTLOT B, C & D BAYVIEW FARMS 2ND – FINAL PLAT “BAYSIDE MEADOWS” – RESOLUTION NO. 6301, Continued) The applicants have submitted the final plans, paid the necessary fees and provided a letter of credit. The applicants will be required to sign the remaining development documents and easements prior to recording of the plat. Planning Staff and the City Attorney will continue to work with the applicant to finalize the remaining documents. Planning Staff recommends approval of the final plat as per the attached resolution. Levang stated as it relates to the landscape plan depicted on Exhibit D, she has some concerns about the number of trees being proposed. Levang noted the City Council did discuss the landscaping previously, but in her view the plan is creating an artificial boulevard look. Levang asked how the applicant feels about that. Levang stated in her view it changes the character of that section of the roadway and that she would like to see fewer trees in that area. Curtis indicated they have met the requirements of the subdivision ordinance for landscaping within a boulevard. Mattick asked if the plan is reflective of the minimum requirements. Curtis indicated it is. Levang commented Orono typically does not have boulevards. Mattick noted if the Council would like to deviate from the ordinance, it would require a variance. Mattick indicated one option would be to scatter the trees. Mattick asked if it is required the trees be along the road. Curtis indicated there is a storm pond that does not allow for the planting of trees between the pond and the roadway. McMillan concurred that it could give the appearance of an unnatural look. McMillan stated she has noted some issues in the past with the City’s Code as it relates to trees. Bill Coffman indicated they would be willing to work with Staff on relocating a few of the trees away from the boulevard. Mattick stated as it relates to the City’s minimum standards, when the City Council approves the application, it will need to meet the code provisions since there is no variance application before the Council tonight. Mattick stated the applicant could work with Staff to see if they can develop a plan that would get away from a boulevard look. Coffman indicated they could stagger the trees somewhat. McMillan stated that is probably something the City should look at in their code. Levang asked whether a plan has been submitted as it relates to the buckthorn removal. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 4 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 15 (4. #13-3607 BILL COFFMAN ON BEHALF OF ERVIN WACHMAN, OUTLOT B, C & D BAYVIEW FARMS 2ND – FINAL PLAT “BAYSIDE MEADOWS” – RESOLUTION NO. 6301, Continued) Curtis stated the applicant has submitted a plan stating that the developer will remove the buckthorn and then the responsibility transfers to the homeowners association at some point for additional maintenance and future removal of any buckthorn in the conservation areas. Mattick stated there is a provision in the City Code that talks about shade trees planted by a developer in a subdivision. The code states one tree shall be planted for every 40 feet of frontage along each road unless the Council, upon recommendation of City Staff, shall grant a waiver. Mattick stated it appears the City Council can grant a waiver but that he is not sure if there are other provisions tied to this language. Mattick stated he also has a concern that this is the plan that has been brought to the Planning Commission, the Planning Commission received public comment on it, and that what is being proposed tonight is generally what the public is expecting. Mattick noted this issue has not been contemplated in the report and the residents in the area will have the impression that what is in the plan currently is what is going to be done. Mattick stated in his opinion the Council does have the ability to grant a waiver but noted that any approval at this time would be without any public notification and without review of possible related code provisions. Levang asked when construction is expected to commence. Coffman stated they cannot afford any delays relative to the approval process and that they would like to start construction right after the 4th of July weekend. Coffman noted the landscaping would not be going in until the fall, which would give them some time to work with Staff on that issue. Mattick noted it would be something that the applicant would have to reapply for to have it reconsidered. Bremer commented there would likely be a cost savings to the applicant if fewer trees are planted. Coffman indicated he would be willing to come back with a different tree plan as long as it does not hold up construction. Bremer stated she is fine with the plan as proposed but that she would be open to requiring fewer trees. Irvin Geffre, 4655 Bayside Road, pointed out the location of the trees in the conservation easement. The Wachmans had planted those trees in 1994 when they purchased the property. Geffre stated at the present time the trees have taken their lake view away and that he would like to see one of those trees removed, which would fall in line with what the Council would like to see. Geffre stated he would like to see in any revised plan the removal or relocation of that one tree. Geffre noted Mr. Coffman has alluded to the fact that he would be willing to relocate the tree to help open up the view of the lake. Mattick stated the Council would need the applicant’s consent if any trees are going to be removed. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 5 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 15 (4. #13-3607 BILL COFFMAN ON BEHALF OF ERVIN WACHMAN, OUTLOT B, C & D BAYVIEW FARMS 2ND – FINAL PLAT “BAYSIDE MEADOWS” – RESOLUTION NO. 6301, Continued) Coffman indicated he is very familiar with the tree Mr. Geffre was referring to and that he would be agreeable to relocating the tree with a tree spade. Coffman indicated he would be more than happy to move a couple of the deciduous trees as well to prevent blocking Mr. Geffre’s view of the lake. Levang moved, Anderson seconded, Application #13-3607, to adopt RESOLUTION NO. 6301, a Resolution Approving the Plat of Bayside Meadows, with the applicant having the option to submit a new landscaping plan and the option of entering into an agreement relating to the relocation of the trees. McMillan asked if the applicant would need to pay a fee to come back with a revised landscaping plan. Mattick stated there would be a fee associated with the amendment, and if the fee is waived, the City would be incurring those costs. McMillan asked if the fee for the amendment would be the same as the application fee. Curtis indicated to her knowledge it would be the same fee. Bremer stated she would be fine with waiving the fee but at this point it is not certain whether the applicant will be requesting the landscaping plan be amended. McMillan stated since the Council is the one who is encouraging the change, she would also be fine with waiving the fee. Levang moved, Anderson seconded, to amend her motion to include waiver of the fee for the amendment if the applicant chooses to submit a revised landscape plan. VOTE: Ayes 5, Nays 0. *5. #13-3605 BRIAN AND REBECCA HENNING, 245 TONKA AVENUE – VARIANCES – RESOLUTION NOS. 6302 & 6303 Anderson moved, Printup seconded, Application No. 13-3605, to adopt RESOLUTION NO. 6302, a Resolution Granting a Variance to Municipal Zoning Code Section 78-305, and to adopt RESOLUTION NO. 6303, a Resolution Denying a Variance to Municipal Zoning Code Section 78-1435, 245 Tonka Avenue. VOTE: Ayes 5, Nays 0. *6. #08-3355 CLEMENT AND WINNIFRED KROLL, 60 STUBBS BAY ROAD SOUTH – 5TH PRELIMINARY PLAT APPROVAL EXTENSION – RESOLUTION NO. 6304 Anderson moved, Printup seconded, Application No. 08-3355, to adopt RESOLUTION NO. 6304, a Resolution Granting a Fifth Extension of the Preliminary Approval of a Class III Subdivision for Property Located at 60 Stubbs Bay Road South. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 6 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 15 PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT Struve reported the Public Works Department has been working nonstop all weekend due to the thunderstorms in the area. At one time 18 of the City’s 45 sanitary lift stations were without power. The Public Works Department moved generators around to help alleviate the situation and at this time there was only one known sewer backup that affected three homes. Struve noted that backup was actually the result of the failure of a transfer switch. The onsite generator was running but did not automatically switch over and power the lift station. The Public Works Department has been out clearing a number of trees. There is a residential drop site on McCulley Road that will be open from 10 a.m. to 9 p.m. for residents only. Struve noted contractors, even if they are performing work for a resident, will not be allowed in the site unless the resident is present and shows an ID. The City will not be doing any curbside chipping and picking up of people’s brush piles given the amount of work required to clear the trees the City is responsible for. McMillan asked how long the site will be open. Struve indicated it will be open at least a week and that the Public Works Department will re-evaluate the situation in one week. The information on the drop-off site is posted on the City’s website. Struve indicated the site may be open longer based on residential need. *7. BEDERWOOD PARK GRANT AND PROJECT APPROVAL Levang moved, Printup seconded, to accept the grant from Hennepin Youth Sports Program in the amount of $7,500 and to accept the proposal from Flagship Recreation in the amount of $50,644.20 for improvements at Bederwood Park. VOTE: Ayes 5, Nays 0. 8. EAGLE SCOUT PROJECT DISCUSSION Struve noted Tom Longe is out of the country at the moment and unable to attend tonight’s meeting. Mr. Longe has requested the Council review the verbiage he is proposing be placed on the veterans memorial and e-mail any changes to him. The contractor needs the information by the end of June. Bremer indicated she is okay with the wording. Levang stated she is not sure about the last line that states “Land of the Free Because of the Brave” since it appears to be a little redundant. McMillan commented that perhaps just the language stating “Dedicated 2013” could go there. Printup stated he reads it as standard memorial language. Levang commented it just feels somewhat redundant given the language at the top. McMillan questioned whether that language should be in quotations or italicized. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 7 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 15 (8. EAGLE SCOUT PROJECT DISCUSSION, Continued) Struve stated on the original it appeared to be in a slightly different font but that it did not appear to have quotation marks around it. Struve stated he can inform Mr. Longe that the Council would prefer that phrase be italicized. Struve noted the language above it appears to be in all capital letters and this is in upper and lower case. Bremer asked where that sentence comes from. Bremer indicated she has seen that language in print and videos but that she is not sure if it is copyrighted. Bremer suggested perhaps the City verify that it is not copyrighted. Mattick stated oftentimes printers will do some internal checks but that he is not sure whether that will be done in this case. Mattick stated it may simply be public domain type language. McMillan asked if someone could check on that. Struve noted Mr. Longe is out of the country and likely would not be able to do that. Bremer stated if there is any issue at all, it should be verified. Mattick suggested the Council considering striking it if they feel it is redundant. Anderson noted that language would be on the back of the memorial and suggested approving the language contingent upon it being verified it is not copyrighted. Anderson stated she would like to know what Mr. Longe’s intention was with the language and that she would prefer not to change it until Mr. Longe has a chance to address the issue. Bremer asked when he will be back in town. Struve indicated he is not sure when Mr. Longe will be in town again but that his understanding is it will not be before the end of the month. Struve indicated the only communication available at this point is through e-mail. Struve stated he will pass on the Council’s concerns about it potentially being copyrighted to Mr. Longe and then get back to the City Council. Mattick indicated he will take a look at it. Bremer suggested asking Mr. Longe if it would be acceptable to move the language “Dedicated 2013” to the white space and leaving off the phrase “Land of the Free Because of the Brave.” McMillan stated she also noticed a number of shrubs in front of the city hall building have died and that a decision will need to be made on what should be done in that area as well. Struve indicated he will take a look at that. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 8 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 15 9. 4440 FOREST LAKE LANDING – ENCROACHMENT AGREEMENT Struve stated the City has been requested by the owner of 4440 Forest Lake Landing for approval to widen his driveway, which would have an additional impact to the right-of-way in that area. Under the City’s Community Management Plan, the City has a responsibility to retain Lake Minnetonka access points permanently for the public’s use. By allowing a deck and patio within the right-of-way, it gives the perception this area is private land. Struve stated in the past, when a property undergoes major changes and upgrades, Staff will recommend all impacts within the right-of-way be removed. There will be times when not all of the impacts can be feasibly removed, but any impacts which cannot be feasibly removed will be included in an encroachment agreement. The encroachment agreement would allow the City to require the property owner to remove the encroachments if the encroachments become an issue in the future. In an effort to clean up the City’s right-of-way, Staff is agreeable to allowing the widened driveway and repairs to the sidewalk conditioned on the property owner removing the deck and patio area within the right-of-way. The property owner should be required to enter into an encroachment agreement addressing all other items located within the City right-of-way. Staff recommends they remove the deck and patio and determine if it is possible to realign the door so the steps can also be removed. All other items would be allowed to remain in place but should be incorporated into an encroachment agreement. McMillan asked if the new hardcover for the driveway would be included in the overall hardcover for the property. Curtis stated the hardcover in the right-of-way would be separated out. McMillan asked if a new survey would be required. Struve indicated they have not seen a building permit request at the present time. Curtis stated the property owner has not submitted a plan or requested a building permit but is merely requesting preapproval of the work. The project would also require the moving of some retaining walls. Struve stated there are numerous encroachments in the right-of-way and the question is what items should be removed out of the right-of-way. Levang asked if there will be a formal request for a building permit; and if so, if Staff has any idea when that might be submitted. Struve indicated the applicant is in the audience and he would be able to address those questions. Levang asked if Staff would like the encroachment cleaned up prior to the application. Struve stated the applicant requested to widen the driveway; and if that request is denied, that would change what he wants to do with the property and a survey may or may not be required at that point. The property owner is attempting to save some money by not doing the survey at this point until he gets some idea of what the Council will approve. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 9 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 15 (9. 4440 FOREST LAKE LANDING – ENCROACHMENT AGREEMENT, Continued) Joe Church, 6175 Stone Court, Independence, stated the driveway is currently 17 feet wide. Due to the retaining walls located at the edge of the driveway, it is impossible to get two cars in there and open the doors on the vehicle. Church indicated they are also unable to back up without running over the neighbor’s flower garden. Church stated he is proposing moving the retaining wall back five feet to allow for more room to open the doors of the vehicle if you are parked in the driveway. Church indicated he has not put together the exact dimensions at this time. Anderson asked if the driveway could be relocated. Anderson stated if they remove the steps and patio, she is assuming the property owner will come back with a variance request to relocate them somewhere on the property. Church stated he is requesting they be allowed to keep the patio and widen the driveway. The driveway is a concern because they do not want to cause any damage to vehicles and they do not want to park on the fire lane. The relocation of the retaining wall would make the whole situation much more conducive to allowing two cars in the driveway. As it relates to the existing patio, Church stated in his view, he does not feel it is in the way and it was pre-existing prior to their purchase. Church noted there have already been a number of improvements made by the neighbors in the area of the fire lane and that he understands if the City requires use of the fire lane, the patio and well would need to go away, but that he is requesting permission to keep them at this time. Printup asked if this is the same fire lane that came into question a few years back. Mattick indicated it is. Struve noted the other side of the fire lane also had significant improvements made to it by another property owner and that Staff would be requesting that they also sign an encroachment agreement to make everyone fully aware of the situation. Mattick stated if there are concerns about requiring the removal of certain items, since the applicant is going to submit a plan for the driveway, that perhaps the applicant could suggest what he would want to remain under the encroachment agreement. Mattick asked if the driveway application would come before the City Council. Gaffron stated the difficulty is granting a variance on property that is dedicated right-of-way and not expansion of hardcover within the actual building site or lot. Gaffron indicated he is not sure how the Council could grant a variance to something located in a right-of-way or how the application should be brought before the Council. Gaffron noted expansion of the hardcover is not being done on the property, which is why Staff is proposing an encroachment agreement. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 10 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 15 (9. 4440 FOREST LAKE LANDING – ENCROACHMENT AGREEMENT, Continued) Mattick stated it might be helpful to see exactly what the applicant is proposing before allowing a further encroachment of the driveway and determining what needs to be removed. Mattick noted he has dealt with other properties like this and the ultimate goal is to decrease the amount of encroachment in the right-of-way. Mattick stated this situation is less than ideal given the location of the house but the question is how much of an encroachment will be allowed. McMillan noted the other adjoining neighbor has a significant driveway and that Mr. Church is asking for a reasonable driveway. McMillan commented intensifying the use of a fire lane is a difficult thing to approve and that the City has allowed some encroachment for something essential, such as a driveway, but the question is how much is essential. Levang asked if there is any other option for a driveway. Curtis stated no matter what direction the applicant plans to accesses his garage it would still require utilizing a significant portion of the fire lane. Gaffron stated due to the topography, it would be difficult to change the orientation of the garage. McMillan stated she certainly does not see the deck area as being essential but that the well could stay until it needs to be redrilled. Curtis pointed out a retaining wall is located underneath the deck. Staff would need to evaluate that a little bit closer to see what could be removed without requiring extensive grading. Levang asked if the City Engineer has reviewed that. Struve indicated he has not and that he would need to know how high the retaining wall is. The property owner would also need to remove some of the lattice work on the deck. Struve stated in his opinion the property owner would be able to easily re-grade the area to match the surrounding topography but that it is likely within the 0-75 foot zone. Curtis pointed out the location of the 0-75 foot zone and stated that the re-grading work would be entirely within the 75-foot setback. Struve stated he knows the well is located on the back side of the deck and that he would have to review the grading that would be required but in his view it would be feasible. McMillan asked if the neighborhood was upset when this fire lane became developed. Gaffron stated that would be a good characterization of the discussion that occurred 10 to 12 years ago and that development of this property initially happened 15 years ago. The property owner did have discussions with the public works director at that time about creating a driveway that accesses the garage based on the orientation of the house. Gaffron stated the landscaping and driveway in the fire lane caused the majority of the issues in the neighborhood. McMillan stated it was rather a big issue at that time and it was a lesson to the City about allowing nonessential items in the right-of-way. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 11 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 15 (9. 4440 FOREST LAKE LANDING – ENCROACHMENT AGREEMENT, Continued) Bremer stated she would be amenable to cleaning up and improving the access point to the garage as well as the stairs provided that the Council does not feel the problem is being made worse. Bremer stated she does not want the solution to be worse than what the problem was. Bremer commented the deck will not be there forever since its useful life will eventually come to an end. Levang stated she would like to see as many encroachments go away as possible since it is a fire lane and should be marked as a fire lane. Levang stated she would like the public to be able to use the fire lane and that she is in favor of removing as many of the encroachments as possible. Mattick asked if the Council would like to see the applicant’s plans first or whether Staff should draft an encroachment agreement that requires the removal of the deck. Typically an encroachment agreement would specify what is allowed to remain in the fire lane and that it would likely be the driveway and the steps at this point. Levang commented it seems like the Council is flying half-blind in this situation since there is not a formal plan being proposed. Mattick stated it is not uncommon to do an encroachment agreement that says the property owner has already installed these items and then those items are described and allowed to remain until the City determines they have to be removed. Church noted the adjacent land to the south is a very steep incline and that they share responsibility with the neighbor to mow and maintain that area. Church indicated he has a concern that if there is an elevation change, the well will be exposed. Church stated they have a difficult time mowing that area now and that he is not sure how to do an elevation change without exposing the well and requiring a retaining wall. Anderson stated that is one of the reasons why the Council needs more information at this time. Curtis displayed a picture of the area and noted it is not a good picture of the angle. Church indicated he is not sure when that was graded that way. McMillan asked if someone would need to walk through the landscaping to access the lake. Church stated they would not since there is a small grassy area they can walk through but that the terrain is somewhat steep down to the lake. Levang asked who owns that strip of land. Curtis indicated the City owns that. Mattick commented it is hard to visualize but all of the paver is within the City’s right-of-way. Printup stated the question in his mind is whether the patio and deck should go away and relocated within the property lines. Printup asked whether that would impact the hardcover. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 12 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 15 (9. 4440 FOREST LAKE LANDING – ENCROACHMENT AGREEMENT, Continued) Church stated it would have given the small size of the lot. McMillan asked what the hardcover is on the property. Church indicated he is not aware of the exact percentage. Struve stated it appears the Council is open to allowing an expansion of the driveway but that they would like additional information on the patio and deck. McMillan stated it appears the majority of the Council is open to the expansion of the driveway but that the applicant will need to look at removing nonessential items in the right-of-way. Mattick stated the average person who looks at this area would not realize it is an access point to the lake and that there are a fair number of items encroaching in the fire lane. The City Council took no formal action on this item. MAYOR/COUNCIL REPORT Anderson encouraged the residents to contribute their opinions on the new streetlights in Navarre by completing the City’s survey accessible on the City’s website. Struve noted the survey deadline is July 9. McMillan asked whether the deadline for the survey should be extended. Struve indicated the City started the survey June 9 and that it would cost the City an additional fee for another month if the time period was extended. McMillan asked how many surveys the City has received. Struve indicated he has received three or four as well as a few that were handed in at the last meeting on Navarre but that he has not checked with the City Clerk recently. Loftus stated the City Clerk indicated she has received 12 surveys online. Printup commented he is happy to see the brush site was opened and that he would encourage the Council to consider having a year-round City brush pile. Loftus noted she did discuss that with the Public Works Department today and the only available spot on the City Hall campus is near a wetland and the ground is too wet. At this time the City does not have another site to locate it on and the issues associated with it would be whether it would be left open and unmanned and how much debris would be accepted. Loftus stated if the City chose a site that is not located on the City’s campus, they would probably end up with residents from other areas as well as contractors dumping at the site. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 13 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 15 (MAYOR/COUNCIL REPORT, Continued) Loftus stated they are attempting to find other options but that it does not seem to work right now to have it on the City Hall campus. The next step is to contact some other area cities to see if Orono residents would be allowed to utilize their brush drop-off sites if a contract could be arranged. Bremer commented curbside pickup once or twice a year might be another option, such as following a storm. Loftus stated a storm in her mind is a different situation than an ongoing service. Printup stated this is an issue he has received comments on periodically not necessarily related to storm damage. Printup noted Long Lake/Orono used to share a site but that it has since gone away. Bremer commented the City of Plymouth has a very nice site. McMillan noted it would also be difficult for some of the residents to haul items, such as brush, a longer distance. Loftus stated the main obstacle is the City does not have a site that would be easy to man and keep locked. Struve stated if it is not a locked site, it will attract people from other cities. Struve noted the City’s wood chipper can only handle certain size pieces of wood and that they would then need to rent a bigger chipper that would cost thousands of dollars to rent. Struve stated the concern is that if there is an unmanned site and the City receives large quantities of wood, they would need to rent a bigger chipper and it could start to add up. McMillan commented chipping a large amount of branches would also be time-consuming. Loftus stated even with curbside service, the residents would still need to cut the branches up into manageable bundles as well as incur an additional monthly expense if they sign up for that service. Loftus asked whether the City Council would like her to contact surrounding cities. Printup stated it would be worth looking at. CITY ADMINISTRATOR’S REPORT Loftus asked if the City Council would be amenable to adding a work session prior to the July 8 Council meeting in addition to the work session scheduled on July 22. The items to discuss include the police department’s space needs analysis and possibly budget goals. It was the consensus of the City Council to schedule a work session for July 8 prior to the City Council meeting. *10. PURCHASE LLFD COMMAND 1 Anderson moved, Printup second, to approve payment to the City of Long Lake for the purchase of LLFD CMD1 in the amount of $33,930.99 from the Improvement and Equipment Outlay Fund. VOTE: Ayes 5, Nays 0. Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 14 of 15] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 24, 2013 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 15 CITY ATTORNEY’S REPORT Mattick reported he was in court today on the possible removal of the wind generator and that he is awaiting the decision of the court. *11. LICENSES AND PERMITS Transient Merchant License Applicant: Mark Lazarchic/Renaissance Fireworks, Inc. Activity: Sale of consumer fireworks Location: 3423 Shoreline Drive Date: June 21 – July 7, 2013 Time: 10:00 a.m. – 9:00 p.m. Anderson moved, Printup seconded, to approve the above-listed license. VOTE: Ayes 5, Nays 0. *12. CLAIMS Anderson moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Bremer moved, Printup seconded, to adjourn the Orono City Council meeting at 8:25 p.m. VOTE: Ayes 5, Nays 0. ATTEST __________________________________ _______________________________________ Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Item #03 - CC Agenda - 07/08/2013 Approval of Council Minutes 06/24/2013 [Page 15 of 15] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - CC Agenda - 07/08/2013 File #13-3603 [Total Pages 56] Item #04 - 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Orono Orchard Road Reconstruction Project [Page 1 of 5] Item #07 - CC Agenda - 07/08/2013 Pay Request No. 8 - Orono Orchard Road Reconstruction Project [Page 2 of 5] Item #07 - CC Agenda - 07/08/2013 Pay Request No. 8 - Orono Orchard Road Reconstruction Project [Page 3 of 5] Item #07 - CC Agenda - 07/08/2013 Pay Request No. 8 - Orono Orchard Road Reconstruction Project [Page 4 of 5] Item #07 - CC Agenda - 07/08/2013 Pay Request No. 8 - Orono Orchard Road Reconstruction Project [Page 5 of 5] Item #08 - CC Agenda - 07/08/2013 Hiring of Part-Time Community Service Officer (CSO) [Page 1 of 1] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 1 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 2 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 3 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 4 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 5 of 51] Item #09 - 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CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 18 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 19 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 20 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 21 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 22 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 23 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 24 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 25 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 26 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 27 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 28 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 29 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 30 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 31 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 32 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 33 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 34 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 35 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 36 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 37 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 38 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 39 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 40 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 41 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 42 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 43 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 44 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 45 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 46 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 47 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 48 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 49 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 50 of 51] Item #09 - CC Agenda - 07/08/2013 Cable Television Franchise Ordinance [Page 51 of 51] Item #10 - CC Agenda - 07/08/2013 Licenses & Permits [Page 1 of 1] Item #11 - CC Agenda - 07/08/2013 Claims [Page 1 of 7] Item #11 - CC Agenda - 07/08/2013 Claims [Page 2 of 7] Item #11 - CC Agenda - 07/08/2013 Claims [Page 3 of 7] Item #11 - CC Agenda - 07/08/2013 Claims [Page 4 of 7] Item #11 - CC Agenda - 07/08/2013 Claims [Page 5 of 7] Item #11 - CC Agenda - 07/08/2013 Claims [Page 6 of 7] Item #11 - CC Agenda - 07/08/2013 Claims [Page 7 of 7]