The URL can be used to link to this page

Home My WebLink About05-29-2007 Council Packet Agenda for Council Meeting Set for Tuesday, May 29, 2007, 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 Consent Agenda 1. 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 on the counter near the sign in sheet. Approval of Minutes * 2. Regular Council Meeting of May 14, 2007 7:10 P.M. – HRA Meeting Planning Commission Comments – Ralph Kempf Public Comments – (Limit 5 Minutes Per Person) Zoning Administrator's Report * 3. #06-3216 John Holm and Susan Kerber, 1485 Bay Ridge Road – Renewal Variance – Resolution * 4. #06-3225 875 WBW LLC, David Carlson, 875 Wayzata Boulevard West – Concept Plan and Preliminary Plat Approval – Resolution * 5. #07-3251 Mandeep & Leisa Sodhi, 4080 Dahl Road – Variances – Resolution * 6. #07-3262 James & Corrine Beck, 3820 Cherry Avenue – Variance – Resolution * 7. #07-3277 Susan Nelson, 500 Oxford Road – Variance – Resolutions * 8. #07-3283 Steven Sigel, 1399 Park Drive – Variance – Resolution Mayor/Council Report City Engineer’s Report City Administrator's Report 9. Appointment of Golf Course Employees 10. Acceptance of Golf Course Donation 11. Hazardous Building Action, 1245 Arbor Street – Resolution 12. North Ferndale Road Seal Coat Project 13. Safe Assure Cooperative Safety Training 14. Approval to Advertise, Test and Hire Police Officer 15. Accept Resignation of Police Officer Craig Bell 16. 2006 Interfund Transfers – Big Island Park Agenda for Council Meeting Set for Tuesday, May 29, 2007, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us 17. Approval of Replacement Copiers City Attorney's Report 18. Licenses & Permits Kennel License Special Events * 19. Bills Upcoming Issues and Events 2007 05/25 – Leaf and Grass Disposal, Friday, Noon-3:00 p.m. 05/26 – Leaf and Grass Disposal, Saturday, 9:00 a.m.-3:00 p.m. 05/28 – HOLIDAY-Observance of Memorial Day 05/29 – Council Meeting, Tuesday, 7:00 p.m. 05/30 – Council Work Session, Wednesday, 7:00 p.m. 06/01 – Leaf and Grass Disposal, Friday, Noon-3:00 p.m. 06/02 – Leaf and Grass Disposal, Saturday, 9:00 a.m.-3:00 p.m. 06/06 – Planning Commission Work Session, Wednesday, 5:30 p.m. 06/11 – Council Meeting, Monday, 7:00 p.m. 06/12 – Council Work Session, Tuesday, 6:00 p.m. 06/18 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Jim Murphy) 06/25 – Council Meeting, Monday, 7:00 p.m. 06/26 – Council Work Session, Tuesday, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 1 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor James White, Council Members Lili McMillan, Jim Murphy, Cynthia Bremer, and David Rahn. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Curtis and Evelyn Turner, City Attorney Soren Mattick, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 3, 4, 17, 18, 19, and 21 were added to the Consent Agenda. McMillan moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF APRIL 23, 2007 McMillan moved, Rahn seconded, to approve the minutes of the April 23, 2007 City Council meeting as submitted. VOTE: Ayes 5, Nays 0. *3. RECONVENED LOCAL BOARD OF APPEAL AND EQUALIZATION OF APRIL 30, 2007 McMillan moved, Rahn seconded, to approve the minutes of the Reconvened Local Board of Appeal and Equalization of April 30, 2007, as submitted. VOTE: Ayes 5, Nays 0. *4. SPECIAL COUNCIL MEETING OF APRIL 30, 2007 McMillan moved, Rahn seconded, to approve the minutes of the Special Council meeting of April 30, 2007, as submitted. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS – KIM KANG Kang stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Terry Johnson, 543 Park Lane, addressed the City Council regarding a couple of issues that have arisen with his construction project that was approved by the City back in December. Curtis noted that finalized building plans were not attached to the resolution adopted by the City in December. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 1 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 2 (Public Comments – Terry Johnson, Continued) Murphy questioned whether this matter should be discussed with Staff rather than with the City Council. Johnson indicated he did speak with Planner Curtis and a couple of the Council members. The first issue deals with the overhang being 24 inches rather than 18 inches and that as a result, it encroaches into the side yard setback. The 24-inch overhang has always been included on their plans from the beginning of their application. The second issue relates to the stoop on the left side of the stairway, which goes out 19 inches into the 10-foot setback. Johnson stated they had the understanding that their building plans had been approved and that they did not realize these two items were an issue until they went to apply for a building permit. Johnson stated the overhang encroaches four to five inches. Curtis stated the City allows 18 inches to extend into the setback to accommodate roof drainage and that anything further than that must meet the setback. Johnson reiterated that these two items have been included on all of their plans and was never brought up as an issue. McMillan inquired whether Staff reviews all of the tiny details of a building plan. Curtis stated Staff does attempt to review all of the details of the plan and that it becomes difficult when they have to review multiple reiterations of plans. Staff’s biggest concern with this property dealt with the height of the home and the number of stories. Curtis stated there were no building plans attached to the resolution because the plans were to be changed and that it was the understanding of Staff that once a plan was approved for height, grading and the number of stories, they would bring that before the Council if necessary. McMillan stated it is her understanding that at the time the applicants obtain their variances, the applicants are required to modify their plans to comply with the variances granted. Curtis stated the building plans need to meet the requirements contained in the resolution. Rahn inquired whether there is a legal encroachment with the stairway. Curtis stated if it exits into the setback, it would be allowed. Johnson stated they had the understanding that these were final plans and that they have not changed since December. Johnson stated they have already ordered the materials and that the two-foot overhang is more aesthetically pleasing and would help with potential mold issues. Johnson noted most other cities allow a two-foot overhang. Murphy stated shortening the overhang would also impact the pitch of the roof. Bremer stated the overall height of the structure could be changed rather than the pitch of the roof. Rahn stated two feet is a standard overhang. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 2 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 3 (Public Comments – Terry Johnson, Continued) Murphy inquired whether there would be any issues with runoff given the two-foot overhang. Johnson stated the neighbors have reviewed the plans and they have signed off on the project. Bremer stated she is not aware of a side yard setback being granted in the resolution and that the stairway would be an encroachment. Johnson stated the stairway encroaches approximately 19 inches into the setback. Curtis stated the applicant did submit plans this morning showing a straightened stairway, which does not encroach into the setback. Murphy stated he is in favor of the revised stairway and allowing the two-foot overhang. Rahn stated he is in agreement with Council Member Murphy. Bremer inquired how Staff was not aware of the two-foot overhang. Johnson stated their plans have always depicted the two feet. Bremer stated in the City of Orono 18 inches is the standard overhang and that the restriction on the overhang relates to drainage, massing, and peak height. Bremer stated she is unsure how Staff could not have been aware of this. Johnson reiterated that the 24-inch overhang has always been depicted on their plans right from the beginning. Rahn stated it sounds like the building plans were not submitted as they went through the application process. Rahn commented he does not remember reviewing this application while he was on the Planning Commission. Murphy stated in his view this matter should be reviewed in more detail by Staff rather than discuss it during the public comments section of the meeting. McMillan commented it appears that the Council is in agreement with the straightened stairway and that the overhang issue is a little more complicated. Mattick stated the overhang was not part of the original variance application and that the applicant would need to submit a variance application for the overhang. Mattick stated what was approved by the Council does not include the two-foot overhang. Rahn inquired whether a building permit could be granted. Rahn stated it is not a big issue to cut back the rafters. Mattick stated a conditional variance could be approved but that the variance would need to go through the application process. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 3 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 4 (Public Comments – Terry Johnson, Continued) White stated the applicant also has the option of modifying his overhang to the 18 inches. White noted the Council is not able to administratively approve the variance without it going through the proper process. The City Council took no formal action on this item. ZONING ADMINISTRATOR’S REPORT 5. #06-3225 875 WBW LLC, DAVID CARLSON, 875 WAYZATA BOULEVARD WEST – SUBDIVISION/RPUD/REZONING David Carlson of WBW, LLC, and Steve Johnston of Landform Engineering, were present. Gaffron stated the applicants are requesting concept plan and preliminary plat approvals for a nine unit Residential Planned Unit Development on this site. The property is the subject of a Comprehensive Plan amendment to allow density of approximately 1.4 units per dry buildable acre, where the current density maximum is 0.5 units per acre. This item was informally reviewed by the Planning Commission in August and November 2006, and tabled pending Metropolitan Council approval of the CMP amendment. The CMP amendment received City Council approval on August 28, 2006, but was held up by the Metropolitan Council primarily due to concerns over Orono’s recent development density. Staff is now anticipating Metropolitan Council approval of the CMP amendment in late May. The application for preliminary plat and concept plan approvals was formally reviewed by the Planning Commission on April 16, 2007, and received a 5-0 vote on a recommendation for concept plan approval. Gaffron stated the Metropolitan Council staff was provided with information indicating that when undevelopable and easement-encumbered land was removed from the calculation, Orono’s overall sewered development average density since 2000 was 3.4 units per acre. The applicant provided an analysis to show that by excluding certain land types from the calculation per Metropolitan Council guidelines, the three units per acre standard might be met. The Metropolitan Council concluded that this project would reduce Orono’s overall sewered development density to 3.3 units per acre, still above the 3.0 threshold. Gaffron recommended the City Council discuss the following items: 1. With respect to guiding parameters in the CMP, the applicant has provided an overview of the Conservation Design factors. Council should review the Conservation Design information provided and consider whether it comprehensively addresses all identified concerns. Staff feels that there should be a detailed implementation plan prior to final plat approval. 2. Ongoing discussions with Long Lake regarding provision of sewer and water to the property have yet to reach a formal conclusion. The applicants are prepared to gain such services from Wayzata if necessary. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 4 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 5 (#06-3225 David Carlson, Continued) 3. One significant revision between the August 2006 and November 2006 plans was to establish a three foot side building setback rather than the zero-lot-line layout initially proposed. Staff and applicant have recently been advised by the Building Official that a five foot foundation setback and two foot overhang setback will be required. This will potentially result in minor revisions to the site plan and plat drawings. 4. The site layout was revised to allow for adequate on-site parking for each residence. The revised plans also include the appropriate wetland buffer setbacks. Road width remains a potential issue. Staff and the City Engineer continue to recommend a 28 foot road width as required by City Code. Applicants have proposed a 20-foot road width and are prepared to discuss the issues of parking, storm water management, and impacts on building separation if the 28 foot standard is ultimately required. The Fire Marshal has indicated that a 20 foot roadway will have to be posted No Parking. Parking on one side would require a 24 foot road; parking on both sides would require expansion to 32 feet. 5. In November, the Planning Commission discussed the potential impacts of this development on the Luce Line and ways to mitigate those impacts. DNR review will be required for any proposed connections to the trail. 6. The preliminary plat has each lot extending through the wetland, with individual ownership of wetland rather than association ownership. The applicants feel this will help their marketing by being able to sell larger lots. The City has approved plats and RPDs with wetlands both in individual lots as well as in association-owned outlots. Council may wish to discuss the pros and cons of each method. 7. Access to the site will be via the existing driveway access location. Discussions with MnDOT and Hennepin County about a possible roundabout replacing the semaphore at Old Highway 12 and Wayzata Boulevard are ongoing. Access to the Montessori School across Highway 12 has been an issue of late, and there may be future access revisions that will affect the applicants’ property. 8. The City Engineer and Fire Marshal have reviewed the plans and have provided their comments. Gaffron stated Staff is generally supportive of the nine-unit development. The Metropolitan Council is expected to approve the CMP amendment on May 23. Although a variety of engineering details have yet to be resolved, the basic concept and general site layout appear to be sufficient to allow for a Concept Plan Approval and Preliminary Plat Approval resolution to be drafted. David Carlson addressed the City Council regarding his application. Carlson stated the final building plans for each unit consist of cedar shingle siding, a deck, and an eight-foot walkout. The first floor of each unit is handicap accessible. The lower level of each unit is designed to house guests or children of the occupants and would also include a bathroom. White requested the applicant address the points raised by Staff. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 5 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 6 (#06-3225 David Carlson, Continued) Johnston distributed color photographs of the site depicting the views from Highway 12 and the Luce Line. Johnston displayed plans illustrating the proposed landscaping for the site. Trees to be removed include cottonwood and box elder trees. The canopy over the driveway would be retained. Johnston stated the 20 foot road width was designed to help limit the impervious pavement on the site and that there will be no curb and gutter. In addition, storm water ponds have been designed to handle the runoff on the site. Johnston stated in their opinion the 28 foot roadway is not necessary and that they would like to compromise at a 24 foot width. Johnston stated they would include the wetland in an outlot, with a conservation easement over that portion of the site, and that this development would be under the control of a homeowners association. Johnston stated the lots will basically be one-acre lots. Johnston stated sewer and water is still an outstanding issue and that if that item is not resolved sometime this year, they would be requesting that Wayzata supply those utilities. Murphy stated in his view the two cities are close to reaching an agreement on the sewer and water but that he would recommend requesting sewer and water from Wayzata. Murphy stated the City of Long Lake has requested that the City of Orono look at a user agreement for the people who utilize Long Lake sewer and water and that it is likely those affected citizens would be required to pay a monthly charge for those services. Johnston stated they would be discussing with Staff the details regarding implementation of the conservation design. Johnston indicated they are prepared to submit plans to the DNR for their review. McMillan inquired whether the trail would be paved. Johnston stated a portion of the trail would be paved. Murphy commented that it is likely that the DNR will not approve the blacktop. Johnston stated in their view the blacktop is necessary due to the degree of the slope. Rahn stated typically the narrower the road, the slower people tend to go and that if Staff is okay with the amount of parking available on the site, the narrower road may be okay. White noted that Staff is recommending a 28-foot roadway. Bremer inquired what the width of the roadway is for Brackett’s Point that was recently approved. Gaffron stated that roadway was approved at 20 feet but that it only services three homes. Gaffron stated there are a variety of reasons why the City’s code requires 28 feet, and that since this is not a through road, he would not have a problem with reducing the width to 24 feet. It was the consensus of the City Council that a 24-foot roadway is acceptable. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 6 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 7 (#06-3225 David Carlson, Continued) White stated one issue that needs to be addressed is the roundabout. Murphy stated the changes to that intersection were designed ten years ago and that Mn/DOT is reluctant to make any changes to that intersection for a number of reasons. Bids are set to be let approximately June 9, with construction commencing sometime in July, and that the plans call for a straight-through with the existing connection remaining. The City, due to safety concerns associated with access to the Montessori School, has requested that Mn/DOT consider a roundabout further east and a different connection to this access road if the roundabout is approved. Johnston stated they are proposing access to the site remain in the same location as what currently exists. Bremer requested the applicant address the issues raised by the City Engineer. Johnston stated they do not have any issues with the items raised by the City Engineer and that they have already addressed the majority of the items. McMillan inquired whether there is any wetland restoration proposed. Johnston stated there is a small amount of wetland mitigation required for the site. McMillan inquired whether the applicant has considered restoring the wetlands. Johnston stated the vegetation in the wetland area is all invasive species and that the deadline for submittal to the watershed is this Tuesday. McMillan stated she has been encouraging the MinnehahaWatershed District to focus a larger amount of their resources on wetland restoration. Kellogg stated in other communities and other watershed districts, if a wetland is improved, the property owner is given credit for that. McMillan encouraged the applicant to consider that option. McMillan moved, Murphy seconded, to direct Staff to prepare a concept plan and preliminary plat approval resolution for the property located at 875 Wayzata Boulevard West. VOTE: Ayes 5, Nays 0. *6. #06-3245 MICHAEL AND KAREN MANEY, 3605 NORTH SHORE DRIVE – STATUS OF REMODEL PROJECT – RESOLUTION NO. 5612 McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5612, a Resolution Amending Resolution No. 5570, 3605 North Shore Drive. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 7 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 8 7. #07-3250 PHILLIP CARLSON, 2060 WAYZATA BOULEVARD – FINAL PLAT – RESOLUTION NO. 5613 Phillip and Gina Carlson, Applicants, were present. Gaffron stated the applicants are requesting general development plan, final plat and easement vacation approval. The City has received the applicants’ letter of credit and other required submittals. The City Engineer has approved the plans. Gaffron recommended the City Council adopt the proposed resolution and give authorization for the Mayor and Clerk to execute the PUD No. 2C agreement and development contract, and the HRA chair and executive director to execute the Cross Access Easement Agreement. Murphy inquired whether the movement of the dirt being hauled off the site would be an issue. Murphy noted that issue was raised by former Mayor Edward Callahan. Gaffron stated the development agreement does not allow construction traffic through the senior housing site and that the hauling route has been spelled out in the agreement. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5613, a Resolution Granting General Development Plan Approval for Planned Unit Development No. 2C for Amber Woods Offie Centre, LLC, and Approving the Final Plat of Amber Woods Office Centre and Vacating Existing Drainage and Utility Easements – File #07-3250. VOTE: Ayes 5, Nays 0. McMillan moved, Bremer seconded, to authorize the Mayor and Clerk to execute the PUD No. 2C Agreement and Development Contract. VOTE: Ayes 5, Nays 0. 8. #07-3251 MANDEEP & LEISA SODHI, 4080 DAHL ROAD – VARIANCES Mandeep and Leisa Sodhi, Applicants, were present. Turner stated the applicants are requesting a setback variance to allow the existing deck to remain as constructed with a 0.76 foot setback from the side property line when a ten foot setback is required, to have the existing patio remain as constructed with a 1.7 foot setback from the side property line when a two-foot setback is required, and to have 27 plus percent hardcover in the 75-250 foot zone when the maximum is 25 percent. Turner stated the Planning Commission reviewed this matter in February and made no recommendation regarding the hardcover variance because hardcover calculations were not available for the property before the deck was reconstructed. City files contained a survey from 2001 that showed the hardcover on the site. Consideration of this application was delayed while the Applicant’s surveyor completed hardcover calculations based on this survey. Turner noted the calculations received do not properly classify landscape beds underlain by weed control fabric as hardcover. Staff recommends the Council consider the changes in hardcover made in conjunction with the deck reconstruction separately from the issue of the fabric under the landscape planting beds. While the Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 8 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 9 (#07-3251 Mandeep & Leisa Sodhi, Continued) applicants have reduced hardcover on their property since they purchased it, the reduction in hardcover was made in 2001 while the increase in hardcover occurred in 2005. Staff recommends that hardcover be reduced to at least 2001 levels and preferably to 25 percent. Turner noted that Building Inspector Bruce Vang did meet with the applicants and has confirmed they do have a water problem. In his opinion the front patio is probably needed to keep water from draining toward the foundation and is uncertain whether the fabric under the planting beds is helping the water problem. Mrs. Sodhi stated she did bring a photograph this evening showing the steps from the time they originally purchased the house going down to the bluff area. The previously approved variance for the deck requires that a portion of the deck be removed, which they are willing to do. Turner stated the shaded part of the overhead is the portion of the deck that currently encroaches. Mrs. Sodhi pointed out the landscape beds located away from the house and stated they are willing to remove the fabric. Since they purchased the property, they have reduced the hardcover on the lot and have also removed a substantial amount of the noxious weeds. In addition, improvements to the runoff and drainage have been made on the lot and some retaining walls have been removed. Sodhi stated it is their belief they have reduced the size of the deck from what previously existed. In 2001, the hardcover was approved at 26 percent. McMillan inquired whether a table and chairs would fit in that area on the deck. Mrs. Sodhi stated that area is basically a walkway. Mr. Sodhi noted they have made a number of improvements to the property since they purchased it, including the removal of the stairway, which has reduced the hardcover on the lot. The issue is the size of the deck and that some of the issues relate to the 200 foot setback and how the lot is laid out. They have also tiled their entire basement after experiencing water in their basement twice and have taken other steps to help correct the runoff into the basement. McMillan inquired whether the deck was recently replaced. Mr. Sodhi stated the deck was replaced three years ago after a construction worker fell through the rotten deck. At the time the deck was replaced, they did reduce the size of the deck and changed the configuration, which eliminated the need to step into the neighbor’s property when exiting the deck. McMillan inquired whether they obtained a permit for the work on the deck. Mr. Sodhi stated they did not since they needed to replace the deck rather quickly to accommodate their son’s birthday party the next day. Sodhi stated they are okay with the recommendation of the Planning Commission. McMillan noted the Planning Commission recommended a five foot setback for the deck. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 9 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 10 (#07-3251 Mandeep & Leisa Sodhi, Continued) White asked whether some of the hardcover is necessary to deal with the water issues. Turner stated the lakeside steps were planned in 2001 to consist of 199 square feet but were constructed at 238 square feet, with a major reduction of hardcover in the rear entry area. When the new deck and stairs are added together, it is approximately the same amount of hardcover as the old deck and the new back patio increases the hardcover. Turner noted the landscape fabric is not included in the hardcover calculation. McMillan stated given the layout of the lot, in her view there is a hardship for the five foot setback for the deck and that the patio is probably necessary to help ensure proper drainage. Mrs. Sodhi stated if the City Council would like the landscape fabric removed, they could remove that. Bremer questioned whether the landscape fabric in that area was included in the calculation. Turner stated to her understanding that was not included. Bremer requested the landscape fabric be removed as a condition of approval. Bremer moved, McMillan seconded, Application #0-3251, Mandeep and Leisa Sodhi, 4080 Dahl Road, to direct Staff to draft a resolution approving a five foot setback variance consistent with the plan presented to the Council tonight, with the condition that the landscape fabric be removed. VOTE: Ayes 5, Nays 0. 9. #07-3259 LAKE COUNTRY BUILDERS/GARY & KATHERYN GANGSTEE, 1374 REST POINT ROAD – VARIANCES Ryan Smolek, Lake Country Builders, and Kathy and Gary Gangstee, Applicants, were present. Gaffron stated the applicants initially requested a number of variances to allow modification and expansion of the existing house and garage, including removal of the wing of the house closest to the street, a 40 foot square foot addition to the house, reconstruction and expansion of the second story of the house, the addition of dormers to the garage roof and construction of a two-story link between the house and garage. At the February Planning Commission meeting, the applicants were advised to eliminate the front setback encroachment and reduce hardcover to the greatest extent possible. The applicants then submitted a revised site plan, revised building plans and elevations, and revised hardcover calculations. The applicants are now proposing that the existing house be completely removed and a new two-story home of approximately the same 1250 square foot footprint area and oriented east- west rather than north-south to be constructed to meet the required 30 foot street setback. The two-story connecting link to the garage is still proposed. As a result of these revisions and the consideration of this site as a total replacement, the only variances required are as follows: 1. Lot area: 0.65 acre where 1.0 acre is required; Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 10 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 11 (#07-3259 Lake Country Builders, Continued) 2. Hardcover: 75-250 foot zone; 27.4 percent proposed where 30.3 percent exists and 25 percent is allowed; 0-75 foot zone; 7.72 percent proposed where 9.0 percent exists and 0 percent is allowed; 3. Side setback for existing garage attachment and upward expansion: 9.1 foot existing where 10 foot is required; 4. Variance to Section 78-1432, Accessory Structures. The applicants would like to retain the nonconforming pool which is located partially within the 0-75 foot zone. Gaffron requested the Council discuss the following issues: 1. Whether the applicants should be granted a hardcover variance to be allowed to keep the pool, given that it is nonconforming and partially in the 0-75 foot zone, and that it is the primary reason for excess hardcover on the site. 2. Whether a hardcover variance should be granted for the 75-250 foot zone, given that this is considered as a total rebuild on a lot that is nearly conforming in width and has a substantial hardcover allotment for the 75-250 foot zone. 3. Whether there is any issue with attaching the house to the existing garage that is slightly too close to the lot line. Murphy asked if there is a considerable amount of hardcover around the pool. Gaffron illustrated on the overhead the hardcover around the pool. Murphy inquired whether the pool was poured in place. Smolek stated it was poured in. Murphy inquired when the pool was built. Smolek stated the pool has existed since 1984. Rahn stated this plan is a major improvement over what has been previously proposed and what currently exists. Rahn noted the new house meets the setbacks and results in less hardcover overall on the lot. White concurred that the revised plans are a major improvement over what exists. Gaffron stated it is his belief there are a variety of factors that go into the pool not being located out of the 0-75 foot area, including the erosion of the lakeshore and an incorrect measuring from the edge of the pool and not the patio that surrounds it. Gaffron noted the applicants have the right to replace in kind. Bremer commented she understands why the applicants would like to retain the pool but that she would like to see some reduction in the hardcover around the pool. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 11 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 12 (#07-3259 Lake Country Builders, Continued) Smolek stated there is a gazebo which will be removed as well as some other hardcover that will be reduced near the pool. Smolek stated the hardcover around the pool is rather minimal except for one area which functions as a gathering area. McMillan moved, Rahn seconded, Application #0-3259 Lake Country Builders for Kathy and Gary Gangstee, 1374 Rest Point Road, to direct Staff to draft an approval resolution granting a lot area variance, a hardcover variance, a side setback variance, and a variance to Section 78-1432. VOTE: Ayes 4, Nays 1, Murphy Opposed. Murphy stated he would like to see some further hardcover reductions around the pool. 10. #07-3262 JAMES & CORRINE BECK, 3820 CHERRY AVENUE – VARIANCE Kathryn Alexander, Architect, and James Beck, Applicant, were present. Curtis stated the applicants are requesting the following variances: 1. A lake setback of 41.3 feet (for the house) and 29 feet (for the deck) where 75 feet is normally required; 2. A side setback variance to allow a five foot side yard setback where a 10 foot setback is normally required and five feet currently exists; 3. Hardcover variances to allow 16.8 percent hardcover within the 0-75 foot zone where 0 percent is normally allowed and to allow 25 percent within the 75-250 foot zone where 25 percent is normally allowed and 27.3 percent currently exists. The 0-75 foot zone and the 75-250 foot zone have not been adjusted to reflect the additional lakeshore along the eastern/wetland lot line. 4. A height variance is required as the lowest level is by definition the first story and this is a three story house where only 2 ½ stories are allowed. The Planning Commission heard this application on March 19th and at that time directed the applicants to revise their plan. Their direction to the applicants was to reduce the overall height of the home, specifically within the 75 foot lake setback area; remove the second story encroachment into the substandard side setback; and explore the wetland buffer possibilities. The Planning Commission voted 3-2 on April 16th to recommend approval of the revised request. The two dissenting commissioners wanted a further reduction in the massing. The applicants’ proposed plan reflects technically a three-story home. While Staff continues to maintain that the home should meet the two and a half story maximum, the applicants did address the issues the Planning Commission outlined at the March meeting. In an effort to maintain consistent hardcover accounting, the applicants should be required to submit revised hardcover calculations prior to final Council review. The revised calculations should reflect the accurate 0-75 foot and 75-250 foot setback zones from the 929.4 foot OHWL elevation. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 12 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 13 (#07-3262 James and Corrine Beck, Continued) Alexander stated according to the City’s code, habitable rooms need to be seven feet high in order to be considered habitable. McMillan commented she could see this as being a possible exception to the City’s newly adopted ordinance limiting the number of stories. Alexander stated the existing house is technically a three-story house but that she would argue that it should only be considered a two-story house given the height of the basement and the fact that the basement remains unfinished. Alexander stated there are certain integral parts of the house that the owners would like to retain but that the house is in need of some improvements. Alexander noted a structural engineer has found the house to be very structurally sound. Rahn asked if the lakeside deck would have a roof over it under the new plans. Alexander stated the roof over the deck currently exists and that the other decks also currently exist. White inquired how old the existing structure is. Beck stated the original structure was constructed in 1915. Bremer stated in her view this is a hardship lot and that there is a small buildable area available. Bremer indicated she has a concern with the house located to the west and the height of this structure given the fact that the neighboring house is a rambler. Curtis stated the distance between the two houses is 50 feet. Alexander stated the height of the proposed addition is approximately two to three feet higher than what currently exists. Rahn moved, McMillan seconded, Application #07-3262, Kathy Alexander on behalf of James and Corrine Beck, 3820 Cherry Avenue, to direct Staff to draft a resolution approving a lake setback variance of 41.3 feet, a five foot side setback variance, hardcover variances, and a height variance. VOTE: Ayes 4, Nays 1, Bremer opposed. Bremer stated she would like to see the structure remain at two and a half stories. Alexander pointed out there are two foot overhangs on the existing structure and asked whether those could remain. Gaffron stated the allowed encroachment in the 0-75 foot setback is 1.5 feet. Gaffron recommended that item be addressed in the resolution. Rahn moved, McMillan seconded, to amend his motion to allow the two-foot overhang everywhere except where it parallels the five-foot setback. VOTE: Ayes 4, Nays 1, Bremer opposed. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 13 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 14 11. #07-3266 VOGUE ICF HOMES/BENJAMIN & KAREN MILBRATH, 1404 BALDUR PARK ROAD, VARIANCE Darrin Hahn, Vogue ICF Homes, was present. Turner stated the applicant is requesting the following variances: 1. A lot area of 0.28 acre when 0.5 acre is required; 2. A lot width of 49.75 feet when 100 feet is required; 3. A hardcover variance to allow 16.07 percent hardcover in the south 0-75 foot zone when none is allowed; 4. A hardcover variance to allow 43.68 percent hardcover in th 75-150 foot zone when 25 percent is allowed; 5. A variance to not maintain an elevation of 931.5 feet for 15 feet from the perimeter of the house; 6. A variance to the City’s defined building height to allow 34.4 feet when the maximum is 30 feet; 7. A variance to allow windows in the gable ends of the third level. The Planning Commission reviewed this application and voted 5-1 to recommend approval of the variances subject to the house being shifted to the south. Staff would recommend granting a lot width variance, a lot area variance, grade adjacent to structure variance, and a hardcover variance in the south 0-75 foot zone. Murphy noted there is a vacant lot adjoining this property and that this is new construction. Murphy questioned the need for a height variance on this structure and that the drainage in this area has to be addressed. White stated the drainage in this area is a major problem and does have to be dealt with. White stated in his view these plans need to be revised, the size of the structure reduced, and that what is being proposed will only add to the water problems. McMillan stated she is not in favor of a height variance on new construction. Hahn stated given the small footprint, they are forced to go up. McMillan stated this is a small lot and that the house should be reduced. Rahn stated he would like to see a house designed that is no taller than the two adjoining residences and that given the small lot size, the Council does not need to allow the 30 foot height. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 14 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 15 (#07-3266 Vogue ICF Homes, Continued) Bremer commented that today’s trend and economics are driving the taller structures but that in her view the height of the structure should be restricted to two and a half stories. Bremer stated a third story with windows considerably adds to the appearance of massing. Hahn noted a number of windows were removed on the third floor. Bremer stated the runoff needs to be dealt with and that she has a concern with the deviation from the 931.5 feet, especially given the water problems in this area. White stated there are a number of options the developer could look at as far as handling the runoff, such as cisterns. Hahn stated there is a berm that has been constructed along the lake which does not allow for runoff. McMillan stated that three factors contribute to the water problems in this area: One, the low elevation; two, the high water table; and three, the size of the structures. McMillan commented that it would be impossible for the applicant to fix all the drainage issues in this neighborhood but that he does need to adequately address the drainage on this property. Charles Reid, 1400 Baldur Park Road, stated he has a number of concerns with the application, particularly with the size of the structure. Reid expressed surprise that the Planning Commission recommended approval of hardcover at over 43 percent Reid displayed pictures of the homes in the area and noted that he was required to restrict the height of his residence at 30 feet. Reid stated one of the Planning Commissioners wanted to see full drainage plans, which still have not been submitted. Reid inquired whether permits would need to be obtained to install drain tile in the 0-75 foot area. Reid stated he would also like the house to be even with his house. Turner stated what Mr. Reid has received is the drainage plan that has been submitted by the applicant. Reid stated there are a number of items missing from the plans that were discussed by Mr. Vogstrom at the Planning Commission and that the plans do not make much sense. Reid inquired how many feet this house would be in front of his house. Hahn stated it would be approximately five feet. Reid inquired whether there are any rules relating to 15 feet and the floodplain when the house is raised. Turner stated the 15 foot separation has to do with keeping the flood waters from washing away the fill that is between the house and the edge of the floodplain. The separation is not an issue in this case since the house would be constructed on pilings and not a block foundation. The flood elevation is only a foot in this case. The applicant is also required to maintain 100 year storage capacity on the property, which may be one of the reasons why they are not proposing as much fill on this lot. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 15 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 16 (#07-3266 Vogue ICF Homes, Continued) Curtis stated the house is approximately 12 feet from the 75 foot line. Hahn stated the house is located three feet further back than what is required by code. Reid stated he would like to see the house pushed further back. Bremer noted Mr. Reid’s view would not be impacted by this house and that the structure has to be located behind the average setback line. Murphy stated this is a situation where there is an empty lot and that there should be some way to incorporate the comments of the City Council regarding the height and the drainage into the plans. Murphy commented he does not have complete confidence in the builder and that there needs to be more concise answers to the concerns raised by Staff and the Council. Murphy stated he is inclined to deny the application and require the house be redesigned. Bremer stated she is not supportive of denying the application but that the plans should be revised. Bremer stated the applicant needs to address the height of the structure, the hardcover, and the drainage. Bremer moved, Murphy seconded, to table Application #07-3266, Vogue ICF Homes/Benjamin & Karen Milbrath, 1404 Baldur Park Road, to allow the applicant time to revise his plans. Jeff Uklu, 1416 Baldur Park Road, stated he has resided in this area for 30 plus years and that he rebuilt his home in 1986. The lots in this area are 50 foot lots and that his understanding is that the laws of the City should be consistently applied, which is not always the case. Uklu stated there are a number of houses that have been constructed that exceed the City’s 30-foot height limit. A major issue in this neighborhood is water management and constructing homes that are out of proportion with the neighboring structures. Uklu challenged the City Council to enforce their policies and codes consistently. Betsy Nusbaum, 3480 North Shore Drive, thanked the Council for taking into consideration the drainage problems being experienced in this area. Nusbaum inquired what direction the Council is giving to the applicant. White stated the applicant would need to work with Staff and that the Council is not able to at this time give detailed directions on what should be built on this lot. Kristie Anderson, 1408 Baldur Park Road, thanked the Council for taking the concerns of the neighbors into consideration on this application and that she is aware the City has required on numerous occasions that the size of the house be reduced based on the small lot size. Murphy commented the Planning Commission and City Council spend a great deal of time on each application and attempt to apply the City’s regulations as consistently as possible. Murphy stated there are a number of builders that try to maximize the lots and attempt to find ways to get around the City’s rules. Turner noted Mr. Vogstrom is on vacation and not able to attend tonight’s meeting. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 16 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 17 *12. #07-3272 KERN HOPPE, 1150 WYNDMERE ROAD, PRELIMINARY PLAT – RESOLUTION NO. 5614 McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5614, a Resolution Granting Preliminary Plat Approval. VOTE: Ayes 5, Nays 0. 13. #07-3277 SUSAN NELSON, 500 OXFORD ROAD – VARIANCE Susan Nelson, Applicant, was present. Turner stated the applicant is requesting setback variances to construct two additions to the rear of her house, one with a 46.4 foot setback and one with a 44.7 foot setback. A 50-foot setback from the rear property line is required in both situations. The applicant presented a revised proposal to the Planning Commission. The addition was smaller and divided into two additions. The addition behind the garage would provide for a mudroom, laundry area, and storage area for outdoor items. The master bath would be expanded into existing laundry/mudroom and storage closet. At its closest point this addition would be 46.4 feet from the rear property line. The addition behind the other end of the house would provide for a larger informal dining area. At its closest point it would be 44.7 feet from the rear property line. At its April meeting the Planning Commission voted 5 to 1 to recommend approval of the revised proposal, and the dissenting Commissioner felt there were other options available. Turner noted the applicant has submitted some further revisions today and that the storage addition behind the garage complies with the setback. Staff has some reservations regarding the size of the dining room addition and whether the six-foot setback encroachment is justified. Nelson stated the storage addition is for her husband’s tools. Nelson stated at the time the structure was originally constructed, the house was built even with the street. Nelson indicated the addition is proposed in its present location to prevent water problems. Rahn inquired whether any thought has been given to relocating the whole addition or not extending it as far out to make it more compliant. Nelson stated they are basically following the deck and that the dining room accesses off of the kitchen. There is also an existing stairway in the interior of the house that prevents the addition from being relocated. Rahn stated in his view the dining room addition does not need to extend as far out as it does. Rahn noted this is a two-acre parcel that is currently conforming and that in his view there should be some revisions to the plan. Rahn inquired whether the applicant’s builder was aware that the plans encroached into the setback. Nelson stated he is. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 17 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 18 (#07-3277 Susan Nelson, Continued) Murphy asked what page four of the latest revisions depict. Turner stated page four depicts the proposed basement. Murphy noted the proposed basement addition under the new dining room contains a wine cellar and storage. Murphy inquired what the two bump-outs are. Turner stated those are window wells. Murphy inquired what the outside boundary is that encroaches on the ten foot setback. Nelson stated it is the framing on the first floor. Rahn stated the egress windows protrude further out. Murphy inquired whether those would also be considered an encroachment. Turner stated they are considered a fire escape. Gaffron stated it could also be considered a retaining wall. Murphy stated the encroachment extends beyond the corner. Turner stated there is a provision for allowing fire escapes to encroach into a setback but that these egress windows are not required. Nelson stated at some point in the future this room may be a bedroom, which is the reason for the windows. Murphy stated he does not see any justification for the size of the addition and the encroachment. White concurred that it is a design issue. Turner stated the stairway could be straightened and moved back slightly. Nelson stated it is not possible to move it very far because then the stairs would be in the kitchen. Murphy stated he would like to see the encroachment reduced. Turner stated if the one addition is proposed to be a dining room, it should access off the kitchen. Rahn stated the addition could be constructed further down and that the encroachment is a result of the design. McMillan stated if the additions are designed without any encroachments, this application would not need to come back before the Council. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 18 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 19 (#07-3277 Susan Nelson, Continued) Bremer stated she would be fine with allowing the one variance for the addition along the property line given the configuration of the house and lot. Nelson inquired whether a roof could be constructed over the deck. Turner stated it cannot. McMillan recommended the application be tabled to allow the applicant time to revise her plans. McMillan moved to table Application #07-3277, 500 Oxford Road. Nelson inquired whether the storage addition would be approved. White suggested the Council approve the storage addition and deny the dining room addition. No second to the above motion. Bremer moved, Murphy seconded, Application #07-3277, 500 Oxford Road, to approve the storage variance and to deny the dining room addition to the extent that it encroaches into the side yard setback. VOTE: Ayes 3, Nays 2, Rahn and McMillan Opposed. 14. #07-3278 JOHN TERRANCE HOMES, 2500 KELLEY PARKWAY – CMP AMENDMENT Steve Johnston of John Terrance Homes was present. Gaffron stated the Planning Commission voted 6-0 on a motion to recommend approval of an amendment of the Comprehensive Plan to allow retail uses on Outlot A, generally per the applicants’ proposed re-instatement of Amendment #2 language, eliminating the pharmacy/convenience store requirement, eliminating the limit on individual tenant spaces, and eliminating any size limits on buildings, retail or otherwise. The amendment as initially proposed does not provide language supportive of the position that the Council has been taking in terms of retail on this site. The applicants are suggesting that the language recently rescinded be reinstated with three minor changes. Staff met with Steve Johnston and representatives of the bank and food co-op on April 26th. Staff advised the applicants to address the six impact questions that the Planning Commission was asked to address, and noted that the Council will be asked to look at the overall concept of retail versus office, rather than concentrating on the two specific uses being proposed. Staff also advised the applicants to consider suggesting new comprehensive plan language that supports their proposed amendment, as opposed to merely requesting that the rescinded language be reinstated. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 19 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 20 (#07-3278 John Terrance Homes, Continued) On Friday, May 11th, Staff and the Mayor met with the applicants to discuss the process for moving forward with the proposal for retail use of Outlot A. It was suggested that Staff and Council would formulate a set of questions and required submittals for a sketch plan review of the proposed uses since the co-op was not prepared to submit all of the detail normally required for a PUD application without some degree of assurance that the use would be acceptable. The applicants were advised that some type of disposition of the current CMP amendment application needs to be made by the Council and that once that is done, a sketch plan PUD review may be an appropriate next step. Murphy stated his comments should not be interpreted tonight as evidence that he is opposed to the food co-op or bank on this site but that he has experienced frustration on this application given the number of times this application has been tabled. Murphy stated the applicants should withdraw their application and resubmit it when they are ready or the Council should deny the application. Murphy stated he is unclear whether the resolution before the Council is appropriate and that in his opinion the Planning Commission maybe should not have dealt with this matter in the way that it did. At the time the Council changed the City’s Comprehensive Plan approximately three years ago they did so in good faith and the application for this site later fell through. Murphy noted Orono’s Comprehensive Plan states the following: “Orono will coordinate its commercial development planning related to Highway 12 area with the City of Long Lake to ensure the Long Lake downtown area remains vital and viable, to focus retail development in a compact downtown retail area, and to prevent the extension of retail development west of Willow Drive in Orono.” Murphy stated a great deal of discussion went into development of the Comprehensive Plan fifteen years ago and that the City of Long Lake and the City of Orono should sit down together and discuss the retail area of Long Lake. Murphy stated the three points raised in Staff’s report provide a good basis for denying the application and that he has a concern with additional retail space being added to Orono given the amount of empty retail space currently in the Long Lake area. Murphy stated he also has a concern that Staff has not adequately addressed the impacts of retail on the surrounding residential area. Murphy stated the previous City Attorney recommended that the best process to follow in this situation would be to pursue a PUD. McMillan stated the focus on the CMP amendment is unfortunate and has possibly created some confusion on the best way to proceed with this site. McMillan stated the Council is interested in the food co-op but that the amendment is not the best way to achieve the desired result. McMillan stated she would like to see a PUD application rather than an open-ended retail CMP amendment. McMillan stated there is no guarantee that the food co-op will be constructed on this site and that the amendment would leave it open to a number of different retail uses. Johnston stated they did meet with City Staff months ago when the two uses for this site came up and that the food co-op did not have the resources to submit a full PUD application at that time without some idea of the support by the City for that use. Johnston stated the direction they were given is that if they cannot Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 20 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 21 (#07-3278 John Terrance Homes, Continued) afford to do a PUD application, they should pursue a site plan and amendment. Johnston noted the PUD application submitted by Reliance ended up costing them $120,000. McMillan noted Reliance did have the opportunity to construct on that site but elected not to. Johnston reiterated they wanted to get some indication of the support for this project and that they were advised to submit a PUD application and a site plan. The Council then changed the CMP guiding back to the 2000/2020 Comprehensive Plan. Johnston stated they would like to have discussion on their schematic site plan and that the only two uses being proposed for the site is office use and a food co-op. Johnston stated they still want to have a discussion of the uses to be allowed on this site and that right now they have an application in front of the City Council that might be poorly worded but it would still serve as a means to allow that discussion before the City Council. If their application is denied, a new application would need to be submitted in order to continue the discussion process. Johnston stated even if a new application is submitted, there would be a further delay where they have to again appear before the Planning Commission and City Council and there still would not be a discussion on what uses would be allowed on this site. White stated the applicants need to follow the City’s established process and that he is not in favor of tabling the application. White stated the reason why the co-op is an important issue is because it is a retail use and the Council does not desire retail at this location. White stated the applicants would not be prejudiced by withdrawing the application. Johnston stated if their application is withdrawn, they are being pushed further back and this project would not get started until 2008. Johnston stated John Terrance Homes is not the developer of the site and that Central Bank, who has the site currently under contract, would be submitting an application for a PUD. Central Bank’s contract says that there is to be a concurrent closing with the second user and that Central Bank would prefer the second user to be the food co-op. The issue is the limited resources of the food co-op. McMillan noted that it is unlikely this project would be able to be commenced until 2008 regardless of which process is followed. Johnston stated he does not see the rationale for delaying this two more months so a new application can be submitted. Moorse stated in terms of timing, if the Council does the sketch plan/PUD review and the Council determines that the applicant can go to the next step, both of those items would have to go through the Planning Commission. Moorse stated he is unsure what longer time frame the applicant would get into if the application is denied. Johnston stated they would like to discuss the pros and cons of a bank and a food co-op for this site under their present application. White suggested the bank propose two buildings on this site and that if the food co-op does not come to fruition, the building could be used for offices. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 21 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 22 (#07-3278 John Terrance Homes, Continued) Mitch Cook, Central Bank, stated they have no intention at the present time of constructing the building for the co-op and would only be constructing their building. White stated the City Council will not rush through an application and that all parties need adequate time to address all the issues. Johnston stated a new application would not be back before the City Council for two months. Johnston stated the CMP amendment was intended to be the schematic detail. Moorse stated it is his understanding the sketch plan/PUD process is one where the City Council and Staff is going to compile a list of issues and required documentation so that the City can understand how everything will work and get an idea of whether the City Council would be comfortable with those uses for this site. Moorse stated once the City has completed the sketch plan review process, then the PUD process starts, which means the application goes before the Planning Commission. Johnston inquired whether the schematic sketch plan/PUD would happen with normal deadlines and normal notification. Mattick stated there is no formal process for a sketch plan review and that the City Council is providing the process the applicant desires in an expedited manner through the sketch plan PUD process. Mattick stated subsequent to the sketch plan review, the applicants will have to go through the PUD and CMP amendment process with the Planning Commission and City Council. Murphy stated he is anxious to sit down with the parties involved in this application and that the Council is very interested in working with the parties but that the City cannot rush applications through. Johnston stated on behalf of John Terrance Homes they would like to withdraw their CMP amendment application. Murphy moved, Bremer seconded, Application #07-3278, John Terrance Homes, 2500 Kelley Parkway, to accept the withdrawal of Application #07-3278, subject to the submittal of the withdrawal in writing by John Terrance Homes. VOTE: Ayes 5, Nays 0. 15. #07-3283 STEVEN SIGEL, 1399 PARK DRIVE – VARIANCE Steven Sigel, Applicant, was present. Curtis stated the applicant is proposing to construct a 21’ x 10’ addition to their existing home. The applicant is requesting a hardcover variance to allow 1.1 percent hardcover within the 0-75 foot zone where 0 percent normally is allowed and 1.1 currently exists; 40 percent hardcover within the 75-250 foot zone where 25 percent is normally allowed and 43 percent currently exists; and 59 percent hardcover within the 250-500 foot zone where 30 percent is normally allowed and 59 percent currently exists. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 22 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 23 (#07-3283 Steven Sigel, Continued) Due to the location of the applicant’s home and the adjacent homes, an average lakeshore setback variance can be administratively approved. The project, however, requires additional land use approvals. An extensive deck system currently serves as a sidewalk from the driveway to the home. The applicant would also like to remove the wooden decks and replace the paver path as maintenance and snow removal are an issue. Finally, the existing retaining wall system is proposed to be reconstructed and reconfigured as the twenty plus year old timber walls are beginning to show their age. The Planning Commission voted 5-1 to recommend approval of the variances and conditional use permit as requested. The dissenting Commissioner felt that pervious pavers should be utilized. Planning Staff recommends approval of the hardcover variances as proposed as well as approval of the conditional use permit for the wall construction. The City Engineer has requested some minor revisions to a recently submitted revision, and Staff recommends that the applicant revise the proposed plan in accordance with the City Engineer’s recommendations prior to final Council review. Rahn stated in his opinion this is a perfect use for permeable pavers. Sigel stated he did discuss the use of permeable pavers with his contractor and that he expressed a concern the pavers would retain water during the winter and become icy, which is what they are currently experiencing. McMillan moved, Rahn seconded, Application #07-3283, Steven Sigel, 1399 Park Drive, to direct Staff to draft a resolution approving the requested variances. VOTE: Ayes 5, Nays 0. 16. #07-3284 SHARRATT DESIGN/MICHAEL SHARRATT, 2507 KELLEY AVENUE – VARIANCE/CUP Michael Sharratt, Architect, and Tom and Kristen Ritchie, Applicants, were present. Curtis stated the applicants are proposing to construct a 648 square foot in-ground pool lakeward of the existing home and are also proposing to remove extensive areas of driveway on the street side of the property to offset the additional hardcover of the pool and patio. Portions of this hardcover are within the 250-500 foot zone. The home was built in 2001 by the previous owner with a conforming 25 percent within the 75-250 foot zone. Currently, the property has non-conforming hardcover within the 75-250 foot zone and the 250-500 foot zone; therefore, a hardcover review is required. The Planning Commission voted 6-0 to recommend approval of the variance in conjunction with the removal of an additional 300 square feet of hardcover from within the 75-250 foot zone. The applicants are proposing to remove extensive areas of the driveway on the street side of the property in an effort to offset the additional hardcover for the pool and patio. Consistent with the Planning Commission’s recommendation, the applicants have removed an additional 300 square feet. The applicants’ request now consists of a hardcover variance within the 75-250 foot zone of 28.57 percent where 25 percent is normally allowed, and 25 percent was previously approved with the construction of the home. The 250- 500 foot zone has been reduced from 30.22 percent existing to a level of 22.7 percent proposed. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 23 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 24 (#07-3284 Sharatt Design/Michael Sharratt, Continued) This home was constructed without variances and based on a plan for maximum home footprint and conforming hardcover. The footprint of the home itself consists of 20.5 percent hardcover within the 75- 250 foot zone. Staff finds that although the current owners are proposing a net reduction in overall hardcover, the hardcover on the property today exceeds the levels previously approved. In summary, Planning Staff recommends denial of the hardcover variances as requested. The conditional use permit for the rain garden requires submittal and review of additional information; however, Staff generally supports the rain garden proposal. McMillan inquired where the garage is located. Curtis stated the garage is located under the home. Curtis stated the applicant is proposing to construct some rain gardens as well in an effort to offset the hardcover. Sharratt stated they have a problem with drainage on the one side of the property and that they will be adding some rain gardens to help with the drainage. Sharratt stated what they are proposing is more environmentally friendly than what currently exists. Sharratt illustrated the existing driveway and noted that there is a possible trench that exists that goes to the rear of the property. Sharratt indicated they would like to perhaps do a camera inspection of that pipe to determine its condition. Rahn noted this lot consists of 44,670 square feet and that he is not in favor of making the lot nonconforming. Curtis noted this lot is nonconforming due to some illegally added hardcover. Sharratt stated they did already remove some hardcover and their proposal makes a five percent reduction in the total hardcover on the lot and makes a 24.8 percent improvement in hardcover with the proposed driveway. Curtis stated the numbers she has are based on the most recent plan and that the overall hardcover has been reduced by about 1026 square feet. Bremer inquired how much hardcover was approved. Sharratt stated the Ritchies have inherited this situation and they did not create it. The property owners are attempting to improve the situation. Curtis stated they would be 304 square feet over what is allowed for the entire lot. Sharratt stated currently this property is over the approved hardcover by approximately 1,300 square feet and that their proposal reduces it down to 304 square feet. Murphy agreed that the property owners inherited this situation and that the Council is faced with requiring this property to comply with what was originally approved with no improvements or allowing the pool and getting some improvements. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 24 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 25 (#07-3284 Sharratt Design/Michael Sharratt, Continued) Bremer inquired how big the pool is proposed to be. Curtis stated Staff would like clarification on the second to the last bullet point contained in the City Engineer’s report. Kellogg stated one of the other concerns deals with the drainage and that he is unsure whether these are the final hardcover numbers. Sharratt stated the Grass-Tex fabric is a netting that goes under the topsoil and helps to stabilize the soil in the event an emergency vehicle needs to drive across the grass. Sharratt stated they would be willing to supply more information on that item but that the property owners have no intention of driving vehicles over that area unless absolutely necessary. They would also like to remove the roof over the driveway at some point in the future. Sharratt suggested making the Grass-Tex a condition of city engineer review and approval. Kellogg stated the trench drain also needs to be verified that it does not drain to the sanitary sewer. Sharratt stated the pool consists of 18,036 square feet. McMillan moved, Murphy seconded, Application #07-3284, Sharratt Design/Michael Sharratt, 2507 Kelley Avenue, to direct Staff to draft a resolution granting a hardcover variance for the 75-250 foot zone of 28.57 percent, with verification by Staff of the exact hardcover number, granting of a conditional use permit for the addition of a rain garden, subject to City Engineer review and approval of the Grass-Tex, and subject to verification of the French drain in the area of the driveway and that it does not drain into the sanitary sewer system. VOTE: Ayes 3, Nays 2, Rahn and Bremer opposed. MAYOR/COUNCIL REPORT McMillan stated the City’s spring clean-up went well and that the residents are appreciative of the service. McMillan noted she received a call from Paul Pesek who indicated that he would be interested in talking about the environmental commission and would be attending the work session on May 30th. Murphy reported the Minnehaha is in the water. The school program on Big Island is getting ready to start. Last year each City Council member contributed $250. Murphy encouraged each Council member to make a similar donation this year. White stated he has been speaking with the county regarding some grants for the Minnehaha. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 25 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 26 CITY ENGINEER’S REPORT *17. PAYMENT REQUEST NO. 3 AND FINAL – MCCULLEY ROAD RECONSTRUCTION PROJECT McMillan moved, Rahn seconded, to approve Request for Payment No. 3 and Final for the McCulley Road Reconstruction Project, in the amount of $14,443.11. VOTE: Ayes 5, Nays 0. *18. BRIDGE GRANT AWARD – RESOLUTION NOS. 5615 and 5616 McMillan moved, Rahn seconded, to adopt Resolution No. 5615 regarding the State grant funding for the Fox Street bridge replacement project. VOTE: Ayes 5, Nays 0. McMillan moved, Rahn seconded, to adopt Resolution No. 5616 regarding the State grant funding for the West Ferndale Road bridge replacement project. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT *19. SAFE & SOBER GRANT – RESOLUTION NO. 5617 McMillan moved, Rahn seconded, to approve the City of Orono’s participation in the Safe and Sober Program. VOTE: Ayes 5, Nays 0. McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5617, a Resolution Authorizing Execution of Grant Agreement with the Minnesota Department of Public Safety. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Mattick stated he has nothing to report. *20. LICENSES & PERMITS FIREWORKS – SALE AND/OR STORAGE OF CONSUMER FIREWORKS 1. Applicant: Thomas Miller Location: Orono Petro 2160 Wayzata Boulevard West Date: May 14 – December 31, 2007 Time: Monday-Friday, 6:00 a.m. – 10:00 p.m. Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 26 of 27] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 27 SPECIAL PERMIT 2. Applicant: Greenspring Media Group, Inc., for Narr Construction, Inc. Event: 2007 Midwest Luxury Home Tour Location: 507 Ferndale Road North Date: June 8–10, 15-17, and 22-24, 2007 Time: Noon – 6:00 p.m., Fridays – Sundays 3. Applicant: Denny’s Super 30/Denny Nelson Event: Bass Fishing Tournament Location: Wayzata Marine – Maxwell Bay Date: June 6, July 11, August 22, and September 12, 2007 Time: 3:00 p.m. – Sunset, Wednesdays *21. LICENSES & PERMITS TRAPPING PERMIT 1. Applicant: City of Orono Live-trap beaver East Long Lake Road area *22. BILLS McMillan moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Murphy moved, McMillan seconded, to adjourn the City Council meeting at 11:17 p.m. VOTE: Ayes 5, Nays 0 ATTEST: _______________________________________ ________________________________________ Linda S. Vee, City Clerk James White, Mayor Item #02 - CC Agenda - 05/29/07 Approval of Council Minutes 05/14/07 [Page 27 of 27] Z o n i n g M a p - F o r C o u n c i l M e e t i n g 5 / 2 9 / 0 7 Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #03 - CC Agenda - 05/29/07 File #06-3216 [Total Pages 37] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #04 - CC Agenda - 05/29/07 File #06-3225 [Total Pages 17] Item #05 - CC Agenda - 05/29/07 File #07-3251 [Total Pages 5] Item #05 - CC Agenda - 05/29/07 File #07-3251 [Total Pages 5] Item #05 - CC Agenda - 05/29/07 File #07-3251 [Total Pages 5] Item #05 - CC Agenda - 05/29/07 File #07-3251 [Total Pages 5] Item #05 - CC Agenda - 05/29/07 File #07-3251 [Total Pages 5] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #06 - CC Agenda - 05/29/07 File #07-3262 [Total Pages 19] Item #07 - CC Agenda - 05/29/07 File #07-3277 [Total Pages 11] Item #07 - CC Agenda - 05/29/07 File #07-3277 [Total Pages 11] Item #07 - CC Agenda - 05/29/07 File #07-3277 [Total Pages 11] Item #07 - CC Agenda - 05/29/07 File #07-3277 [Total Pages 11] Item #07 - CC Agenda - 05/29/07 File #07-3277 [Total Pages 11] Item #07 - CC Agenda - 05/29/07 File #07-3277 [Total Pages 11] Item #07 - CC Agenda - 05/29/07 File #07-3277 [Total Pages 11] Item #07 - CC Agenda - 05/29/07 File #07-3277 [Total Pages 11] Item #07 - CC Agenda - 05/29/07 File #07-3277 [Total Pages 11] Item #07 - CC Agenda - 05/29/07 File #07-3277 [Total Pages 11] Item #07 - CC Agenda - 05/29/07 File #07-3277 [Total Pages 11] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #08 - CC Agenda - 05/29/07 File #07-3283 [Total Pages 16] Item #09 - CC Agenda - 05/29/07 Appointment of Golf Course Employees [Page 1 of 1] Item #10 - CC Agenda - 05/29/07 Acceptance of Golf Course Donation [Page 1 of 2] Item #10 - CC Agenda - 05/29/07 Acceptance of Golf Course Donation [Page 2 of 2] Item #11 - CC Agenda - 05/29/07 Hazardous Building Action, 1245 Arbor Street [Page 1 of 4] Item #11 - CC Agenda - 05/29/07 Hazardous Building Action, 1245 Arbor Street [Page 2 of 4] Item #11 - CC Agenda - 05/29/07 Hazardous Building Action, 1245 Arbor Street [Page 3 of 4] Item #11 - CC Agenda - 05/29/07 Hazardous Building Action, 1245 Arbor Street [Page 4 of 4] Item #12 - CC Agenda - 05/29/07 North Ferndale Rd, Seal Coat Project [Page 1 of 1] Item #13 - CC Agenda - 05/29/07 Safe Assure Cooperative Safety Training [Page 1 of 11] Item #13 - CC Agenda - 05/29/07 Safe Assure Cooperative Safety Training [Page 2 of 11] Item #13 - CC Agenda - 05/29/07 Safe Assure Cooperative Safety Training [Page 3 of 11] Item #13 - CC Agenda - 05/29/07 Safe Assure Cooperative Safety Training [Page 4 of 11] Item #13 - CC Agenda - 05/29/07 Safe Assure Cooperative Safety Training [Page 5 of 11] Item #13 - CC Agenda - 05/29/07 Safe Assure Cooperative Safety Training [Page 6 of 11] Item #13 - CC Agenda - 05/29/07 Safe Assure Cooperative Safety Training [Page 7 of 11] Item #13 - CC Agenda - 05/29/07 Safe Assure Cooperative Safety Training [Page 8 of 11] Item #13 - CC Agenda - 05/29/07 Safe Assure Cooperative Safety Training [Page 9 of 11] Item #13 - CC Agenda - 05/29/07 Safe Assure Cooperative Safety Training [Page 10 of 11] Item #13 - CC Agenda - 05/29/07 Safe Assure Cooperative Safety Training [Page 11 of 11] Item #14 - CC Agenda - 05/29/07 Approval to Advertise, Test & Hire Police Officer [Page 1 of 1] Item #15 - CC Agenda - 05/29/07 Accept Resignation of Police Officer Craig Bell [Page 1 of 2] Item #15 - CC Agenda - 05/29/07 Accept Resignation of Police Officer Craig Bell [Page 2 of 2] Item #16 - CC Agenda - 05/29/07 2006 Interfund Transfers - Big Island Park [Page 1 of 1] Item #17 - CC Agenda - 05/29/07 Approval of Replacement Copiers [Page 1 of 1] Item #18 - CC Agenda - 05/29/07 Liceneses & Permits [Page 1 of 3] Item #18 - CC Agenda - 05/29/07 Liceneses & Permits [Page 2 of 3] Item #18 - CC Agenda - 05/29/07 Liceneses & Permits [Page 3 of 3]