HomeMy WebLinkAbout07-09-2012 Council Packet PUBLIC ATTENDANCE
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Agenda for Council Meeting Set for Monday, July 9, 2012, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
Directions: www.yahoo.com/maps - 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 25, 2012
* 3. Regular Council Meeting of June 25, 2012
Presentation
4. Tour de Tonka, Tim Litfin
Big Island Park Report – Gabriel Jabbour, Custodian
LMCD Report – Andrew McDermott, Representative
Planning Commission Comments – John Thiesse, 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
* 5. 08-3355 Clement and Winifred Kroll, 60 Stubbs Bay Road South – Preliminary Plat Approval
Extension – Resolution
6. 12-3555 David Fox on behalf of the Katherine M. Fox Trust, Bill C. Fox, Trustee, 1095 Ferndale
Road West – Variances and Conditional Use Permit – Resolution
7. 12-3558 Mark Duenow, 1525 Minnie Avenue – After-the-Fact Variance – Resolution
8. 12-3559 Kent and Judith Hodder, 2640 North Shore Drive – Variance – Resolution
9. 12-3560 Sven Gustafson/Stonewood LLC on behalf of Matt and Neena Kissner, 3205 Graham
Hill Road – After-the-Fact Conditional Use Permit for Land Alteration – Resolution
Public Works Director/City Engineer’s Report
10. Request for Payment No. 1 – Carmen Bay Shoreline Restoration Project
11. Request for Payment No. 1 – Wayzata Boulevard Sanitary Sewer Project
Mayor/Council Report
Agenda for Council Meeting Set for Monday, July 9, 2012, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
Directions: www.yahoo.com/maps - 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
Notifications
City Administrator's Report
12. Accept Donation – Resolution
13. Liquidation of Forfeited Vehicles
* 14. Title Registration – Stipulation – 430 Big Island
City Attorney's Report
* 15. Licenses & Permits
* 16. Bills
Closed Meeting
* 17. Closed Meeting for Attorney-Client Privilege
Adjournment
Upcoming Issues and Events
2012
07/09 – Council Meeting, Monday, 7:00 p.m.
07/16 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Mayor McMillan)
07/23 – Council Work Session, Monday, 5:30 p.m.
07/23 – Council Meeting, Monday, 7:00 p.m.
07/31 – Candidate Filing Opens for November 6 General Election, Tuesday (Filing closes August 14)
08/01 – Planning Commission Work Session, Wednesday, 5:30 p.m.
08/07 – National Night Out
08/11 – City Offices Open for Absentee Voting, Saturday, 10:00 a.m.-3:00 p.m.
08/13 – Council Meeting, Monday, 7:00 p.m.
08/14 – Primary Election, Tuesday, 7:00 a.m.-8:00 p.m.
08/14 – Candidate Filing Closes for November 6 General Election, Tuesday, 5:00 p.m.
08/16 – Last Day for Candidate to File Withdrawal for November 6 General Election, Thursday, 5:00 p.m.
08/20 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Cynthia Bremer)
08/27 – Council Work Session, Wedn esday, 5:30 p.m.
08/27 – Council Meeting, Monday, 7:00 p.m.
MINUTES OF THE
ORONO CITY COUNCIL WORK SESSION
Monday, June 25, 2012
5:30 p.m.
Present: Mayor Lili McMillan, Council Members Cynthia Bremer, Doug Franchot, Aaron Printup and
Dave Rahn; representing Staff were City Administrator Jessica Loftus, Police Chief Correy
Farniok, Finance Director Ron Olson and City Clerk Lin Vee
Chief Farniok reported that the Police Department received a request for a proposal to provide police
service to the City of Mound. Council briefly discussed the impacts of providing police service to the
Mound area.
Finance Director Olson reviewed the revenue and expenditure challenges for the 2013 budget. The
Capital Improvement Plan (CIP) was referenced and will continue to be included in budget discussions.
Council provided direction regarding budget priorities as staff prepares the preliminary budget to be
discussed at the July 23rd work session.
Council discussed the potential uses for the fund balance that was transferred to the Community
Investment Fund as approved at the May 29th Council meeting.
City Administrator Loftus summarized the complaint the city received regarding roosters. Council
directed staff to move forward with an ordinance amendment to prohibit roosters.
There were no comments regarding Information Update items.
The meeting closed at 6:53 p.m.
ATTEST:
________________________________________ _______________________________________
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Item #02 - CC Agenda - 07/09/2012
Approval of Council Work Session Minutes 06/25/2012
[Page 1 of 1]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
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, 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 Gaffron, 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
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 1 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 2 of 15
(3. #10-3491 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 a
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.
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 2 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 3 of 15
(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 0-75 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.
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 3 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 4 of 15
(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.
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 4 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 5 of 15
(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 XIII, 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
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 5 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 6 of 15
(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 stated 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.
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.
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 6 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 7 of 15
(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.
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.
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 7 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 8 of 15
(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.
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.
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 8 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 9 of 15
(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 split up. The Planning
Commission recommended that it would 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.
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 9 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 10 of 15
(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
within1000 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.
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 10 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 11 of 15
(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 Staff’s 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.
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 11 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 12 of 15
(3. #10-3491 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.
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 12 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 13 of 15
*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 4th 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 14th 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.
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 13 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 14 of 15
(MAYOR/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
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
None
*11. LICENSES & PERMITS
None
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 14 of 15]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2012
7:00 o'clock p.m.
_____________________________________________________________________________________
Page 15 of 15
*12. BILLS
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:
_________________________________________ _______________________________________
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Item #03 - CC Agenda - 07/09/2012
Approval of Council Minutes 06/25/2012
[Page 15 of 15]
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File #12-3559 [Total Pages 41]
Item #08 - CC Agenda - 07/09/2012
File #12-3559 [Total Pages 41]
Item #08 - CC Agenda - 07/09/2012
File #12-3559 [Total Pages 41]
Item #08 - CC Agenda - 07/09/2012
File #12-3559 [Total Pages 41]
Item #08 - CC Agenda - 07/09/2012
File #12-3559 [Total Pages 41]
Item #08 - CC Agenda - 07/09/2012
File #12-3559 [Total Pages 41]
Item #08 - CC Agenda - 07/09/2012
File #12-3559 [Total Pages 41]
Item #08 - CC Agenda - 07/09/2012
File #12-3559 [Total Pages 41]
Item #08 - CC Agenda - 07/09/2012
File #12-3559 [Total Pages 41]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
Item #09 - CC Agenda - 07/09/2012
File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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File #12-3560 [Total Pages 42]
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Item #10 - CC Agenda - 07/09/2012
Request for Payment No. 1 - Carmen Bay Shoreline Restoration Project
[Page 1 of 4]
Item #10 - CC Agenda - 07/09/2012
Request for Payment No. 1 - Carmen Bay Shoreline Restoration Project
[Page 2 of 4]
Item #10 - CC Agenda - 07/09/2012
Request for Payment No. 1 - Carmen Bay Shoreline Restoration Project
[Page 3 of 4]
Item #10 - CC Agenda - 07/09/2012
Request for Payment No. 1 - Carmen Bay Shoreline Restoration Project
[Page 4 of 4]
Item #11 - CC Agenda - 07/09/2012
Request for Payment No. 1 - Wayzata Blvd Sanitary Sewer Project
[Page 1 of 3]
Item #11 - CC Agenda - 07/09/2012
Request for Payment No. 1 - Wayzata Blvd Sanitary Sewer Project
[Page 2 of 3]
Item #11 - CC Agenda - 07/09/2012
Request for Payment No. 1 - Wayzata Blvd Sanitary Sewer Project
[Page 3 of 3]
Item #12 - CC Agenda - 07/09/2012
Accept Donation [Page 1 of 2]
Item #12 - CC Agenda - 07/09/2012
Accept Donation [Page 2 of 2]
Item #13 - CC Agenda - 07/09/2012
Liquidation of Forfeited Vehicles [Page 1 of 1]
Item #14 - CC Agenda - 07/09/2012
Title Registration - Stipulation - 430 Big Island
[Page 1 of 4]
Item #14 - CC Agenda - 07/09/2012
Title Registration - Stipulation - 430 Big Island
[Page 2 of 4]
Item #14 - CC Agenda - 07/09/2012
Title Registration - Stipulation - 430 Big Island
[Page 3 of 4]
Item #14 - CC Agenda - 07/09/2012
Title Registration - Stipulation - 430 Big Island
[Page 4 of 4]
Item #15 - CC Agenda - 07/09/2012
Licenses & Permits [Page 1 of 1]
Item #16 - CC Agenda - 07/09/2012
Bills [Page 1 of 5]
Item #16 - CC Agenda - 07/09/2012
Bills [Page 2 of 5]
Item #16 - CC Agenda - 07/09/2012
Bills [Page 3 of 5]
Item #16 - CC Agenda - 07/09/2012
Bills [Page 4 of 5]
Item #16 - CC Agenda - 07/09/2012
Bills [Page 5 of 5]
Item #17 - CC Agenda - 07/09/2012
Closed Meeting - [Page 1 of 1]