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HomeMy WebLinkAbout04-12-2004 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. ROLL The Council met on the above mentioned date with the following members present: Acting Mayor Jim White; Council members Lili McMillan, Jim Murphy and Bob Sansevere; City Attorney Thomas Barrett; representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Melanie Curtis, City Engineer Tom Kellogg, Public Services Director Greg Gappa and Recorder Glenda D. Spiotta. Mayor Barbara Peterson was absent. Acting Mayor White called the meeting to order at 7:00 p.m. CONSENT AGENDA 1. Approve /Amend The following items were included in the Consent Agenda: #3, 5, 7, 8, 9, 10,11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, and 23. Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. 2. Orono Baseball Association Request for Expanded Use of Bederwood Park • City Administrator Ron Moorse introduced the Request from the Orono Baseball Association (OBA) to expand its use of the Bederwood Park baseball field from two evenings per week to five evenings per week and on Saturday after 8:00 a.m. for youth baseball activities. He explained that after the completion of the new Lee Carlson ballfield complex on Co. Rd. 6 in 1994, the OBA usage of the Bederwood Park field was reduced to two nights per week and has remained at this level since then. Mr. Moorse advised that OBA representatives were in attendance to present their expanded field usage request. Acting Mayor White invited OBA representatives to come forward and address this matter. Thomas Palmquist, OBA Treasurer, introduced himself and described the OBA youth baseball program that currently involves about 550 youth, ages 5 -15 years over a three month season from about April 10"' to July 15t ". Mr. Palmquist presented the OBA request for expanded field usage at Bederwood Fields to be used up to six (6) days per week. On Monday through Friday, the hours of use would be between 5 p.m. to sunset. On Saturdays, field use would occur after 8:00 a.m. Mr. Palmquist referred to the discussion of the request held recently at the Orono Park Commission when the Orono Park Commission voted in favor of allowing expanded Bederwood Park field usage up to six (6) days per week, as requested by OBA. He explained that OBA is making this request due to the limited availability of playing facilities, primarily at the younger aged ball player in the Coach/Pitch and Pitching Machine levels. Further, OBA has experienced increased participant numbers and program success, and believes that the Little League experience is being constrained due to lack of facilities, limiting adequate availability for practices and game settings that Page 1 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING r , Monday, April 12, 2004 7:00 o'clock p.m. (2. ORONO BASEBALL ASSOCIATION REQUEST FOR EXPANDED USE OF • BEDER WOOD PARK, continued) ultimately go to develop player skills, as well as friendship time for kids with their peers, honing life - skills, coordination, learning the rules of fair play, winning with pride and losing with dignity. Mr. Palmquist described recent OBA contributions of $325,000 for construction of a new baseball field adjacent to the Lee Carlson ball fields. This field is ideally suited for a 12 to 14 -15 year old player as the baseline and pitcher/home plate lengths are longer. He indicated that the Bederwood Field is ideally suited for younger players at the Coach -Pitch and Pitching Machine levels. Mr. Palmquist explained that pursuant to an agreement with city staff, OBA agreed to construct a new pitchers mound, including pitching rubber, add new bases and home plate, and place additional ag lime on the infield areas. The value of these improvements is in excess of $1,000 with all labor and material furnished by OBA. He reiterated OBA's dedication to teaching baseball to youth and creating fun and rewarding experiences for them. On behalf of the OBA, Mr. Palmquist expressed appreciation for the relationship with the City, School District and the community and requested the City Council support the OBA request. Mr. Palmquist acknowledged that there were a number of people present who would be willing to speak in favor of the OBA expanding field usage request and to answer any questions. Sansevere stated that he personally had no objection to the request but wanted to know if any neighborhood residents had objections to the request. • Steven Cox, 3700 Bayside Road, expressed his support for increased usage of Bederwood Park but commented that more vegetation screening or visual blocks be considered by the City especially directly by the parking lot and in the sound path of the games as sound does travel great distances across the open area. He explained that with expanded summer activities and with the Luce Line trail as a launch point for the winter snowmobiling use Bederwood Park becomes a heavily used area. Acting Mayor White acknowledged that Parks Commissioners Deb Halvorson and Pat Wolfe were present and invited their comments. Mr. Wolfe pointed out that there were not really any objections from the Parks Commission for expanded ballfield use at Bederwood Park. The Parks Commission is in support of more active use of Orono's parks as outlined in sections from the Comprehensive Plan that he cited into the record. Murphy asked Gappa and Moorse if they were aware of the issue brought up by Mr. Cox and if there is the ability to do some screening on that parking lot or for OBA to look at it and see if they could help. McMillan added that the Parks Commission could possibly work with this issue. Acting Mayor White pointed out that this is the first time the Council is hearing about the issue and suggested staff can give some advice on addressing screening options. • Page 2 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. . (2. ORONO BASEBALL ASSOCIA TION REQUEST FOR EXPANDED USE OFBEDERWOOD PARK, continued) r� LJ Sansevere asked Gappa for some ideas on what can be done reasonably. Gappa responded that screening of the parking lot may be possible but a lot of concerns over the years are directly related to snowmobiling noise on the trail which would involve the Minnesota Department of Natural Resources. Gappa stated the City could look at parking lot screening. Mr. Palmquist commented that screening the parking lot probably would not address neighbors' concerns because during game or practice settings their activities are on the field and not involving the parking lot. He stated that the snowmobiling use with its noise concerns is another issue. Murphy suggested that the city take some time this summer to see if something could be done to mitigate some of the noise concerns for this winter. Murphy asked Mr. Cox if this approach was reasonable; Mr. Cox agreed. McMillan asked Mr. Palmquist how long the OBA would expect to use the Bederwood Park field on Saturdays for play or practice. The OBA President responded that Saturday practices do not begin until about 9:00 a.m. due to damp field conditions and at Carlson fields the start time is normally 9:00 a.m. to about 2:00 p.m. on Saturdays. McMillan questioned the OBA President about the use of the current concession stand. He replied that though there is a concession stand that has not been used for years, he recently inspected it, finding the concession stand to have broken doors and needing repair. There is no plan to use it. McMillan expressed her concern about litter and trash on the site. Sansevere commented that his experience with sports organizations involves the parents in the post- game /practice clean up. He was interested in knowing if any other neighbors had any objection to the request and what might be the objection. Murphy asked if the city has received any mail or letters subsequent to the city's mailed meeting notice to residents closest to Bederwood Park. Gappa reported that twenty resident letters were mailed, no phone calls were received and one letter in support with the concern about parking lot clean -up concerns was received. He stated that the city is often at the parking lot trying to clean it up as it gets a lot of use. Sansevere stated that whether or not the City Council approves the OBA request it does not stop any group from using the Bederwood Park field before or after OBA field use. This field is open for use and it makes sense for the city to provide sufficient field use for OBA. As a concession to the neighbors, Sansevere asked the OBA if Saturday field use could begin at 9:00 a.m. instead of the proposed 8:00 a.m. The OBA President indicated that they would have no problem with a 9:00 a.m. Saturday start time. Further, he offered to provide the City with their summer schedule for forty -four (44) teams from age 5 —15 years. He advised that this season increased 35 more participants than last year which added 2.5 more teams. He explained that OBA knows how to inform their participants on Page 3 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING a Monday, April 12, 2004 7:00 o'clock p.m. (2. ORONO BASEBALL ASSOCIA TION REQUEST FOR EXPANDED USE OF BEDER WOOD . PARK, continued) how to take care of the grounds and that OBA games generally start at 6:30 p.m. and that there is an OBA rule that no inning can begin after 8:30 p.m. Sansevere moved, seconded by Murphy, to approve the increased level of use of Bederwood Park ball field for Monday through Friday from 5:00 p.m. to dusk in accordance with OBA provision to not begin an inning after 8:30 p.m. and for Saturday use commencing at 9:00 a.m. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *3. Regular Council Meeting of March 22, 2004 Murphy moved, Sansevere seconded, to approve the Minutes of March 22, 2004 as presented. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — Pat Wolfe, Representative Representative Wolfe provided his remarks during the discussion of the OBA request for expanded use of the Bederwood Park ball field. PLANNING COMMISSION COMMENTS — Roland Jurgens, Representative Acting Mayor White welcomed Mr. Jurgens as a newly appointed Planning Commissioner. Mr. Jurgens reported briefly on the Planning Commission meeting, noting several items had been tabled including the Big Island variance. He stated that he was available for questions and, when asked by Murphy about how things were going with his Planning Commission experience, he responded that he was excited about it. PUBLIC COMMENTS Acting Mayor White invited comments from the public. There were no comments. ZONING ADMINISTRATOR'S REPORT 4. #04 -2974 RELIANCE DEVELOPMENT CORP., HWY 12 / WILLOW DRIVE (OUTLOT A, STONEBAY) — COMPREHENSIVE PLAN AMENDMENT — TEXT DRAFT Gaffron explained that at the April 5, 2004 City Council meeting conceptual approval for a Comprehensive Plan Amendment to reflect the conditions in the March 1, 2004 letter was granted. He presented the Comprehensive Plan Amendment text and explained that the amendment will be forwarded to the Metropolitan Council for review and acceptance, as well as to adjacent Cities for comment as required by the Metropolitan Council if the text language is accepted by the City Council. • Page 4 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. (4. #04 -2974 RELIANCE DEVELOPMENT CORP., HWY 12 / WILLOW DRIVE (OUTLOT A, STONEBAY) —COMPREHENSIVE PLANAMENDMENT — TEXT DRAFT, continued) Mr. John Trautz, Reliance Development Co., applicant, indicated that he had two specific comments to make about the proposed Comprehensive Plan Amendment text changes. First, he asked for a change to a parameter for retail use developed and maintained on the property that would require remaining buildings to have no individual tenant space greater than 5,000 s.f, except for food - oriented uses which may occupy a space greater than 5,000 s.f. He asked for an increase from 5,000 s.f. to 7,000 s.f. explaining that 5,000 s.f, is limiting as there seems to be certain retail space categories of 1200 s.f., 3000 s.f., 6,000 - 7000 s.f. and above that, particularly in the long term (at 10 yrs. or beyond). Sansevere asked if the staff had an issue with increasing the square footage parameter to 7,000 s.f. Gaffron asked if Mr. Carlson could provide an example of what specific uses correspond to the 5,000 s.f. to 7,000 s.f. areas and pointed out that increasing to 7,000 s.f would mean that just over V2 of one proposed building would be in one use. Mr. Trautz responded that Kinko's and video stores use about 5,000 to 7,000 s.f. Sansevere asked if the square footage increase is proposed to not limit tenants' choices. Mr. Trautz agreed and expects the need may not happen for ten (10) years. . Murphy asked how difficult would it be if in the second turn of tenants a tenant requested to go to 7,000 s.f. from 5,000 s.f. rather than granting an open end at this point in time. Gaffron responded that it would involve an amendment to the PUD, with Planning Commission and Council review, or it could be set up now as a Conditional Use and acknowledging it now as a future option. • As a consideration, Attorney Barrett interjected that the Community Management Plan would also need to be changed in conformance with that approval process. Gaffron pointed out that increases in the square footage may affect other factors, such as fewer uses in a building, different parking lot needs at different times of day for certain uses, though he stated that he was not necessarily committed to 5,000 s.f . McMillan asked for consideration of what the city's objective is for setting square footage parameters and whether this may be micromanaging the site. She reiterated that the community does not want a `big box' or large retail building; however, what is the structural coverage, black -top parking lot constraints. McMillan encouraged looking at the site from the outside regardless whatever store fit into the buildings. Gaffron responded that it needs to ensure that a mix of uses to serve the neighborhood are represented in the Comprehensive Plan, and there is likelihood of more uses if there are smaller square foot limits. But, he continued, on the other hand it could limit a neighborhood use that is desired, too. Page 5 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. (4. #04 -2974 RELIANCE DEVELOPMENT CORP., HWY 12 / WILLOW DRIVE • (OUTLOT A, STONEBAY) — COMPREHENSIVE PLANAMENDMENT — TEXT DRAFT, continued) Acting Mayor White commented that empty retail space may result if a tenant can't be found to fit the 5,000 s.f. space. He pointed out that maybe more flexibility would offer more tenants to the developer and White expressed his support. Mr. Steve Johnston, Landform Engineering Co., interjected that the size consideration is an issue for PUD by amendment but not the Community Management Plan. He also noted that the time frame for PUD amendment is 60 days and the Comprehensive Plan Amendment procedure with other intergovernmental review takes far longer and tenants may be lost in the meantime. Mr.Trautz presented his second proposed change to the Draft Text on building orientation. He stated that all three buildings are not proposed to face the center of the site and may not fit the Draft Text. Gaffron offered to consider a language change to better preserve the more critical language that guards buildings directly facing Hwy 12. Sansevere suggested language that buildings on the site shall be oriented in a manner that focuses store fronts and store entrances away from Hwy 12. Mr. Trautz advised that their proposal does have one building facing Hwy 12, one that will face to the center and Walgreens is rotated with the front door at the center. Gaffron reiterated that the goal of this parameter was not to place such a focus on Hwy 12 that it would feel like one was entering from the rear when coming from the neighborhood, as opposed to having some store entrances visible from the neighborhood. Sansevere suggested that perhaps the language could refer to a `majority' of the buildings rather than `all' buildings on site. Acting Mayor White offered to delete the phrase "... in a manner that focuses storefronts and store entrances towards the center of the site rather than strictly toward Hwy 12..." as a solution. McMillan commented that the goal is to make the site look good from all sides, much like an island concept as it needs to look good from Hwy 12, too. She acknowledged that it was a difficult challenge for the site. Mr. Trautz agreed that all four building sides are visible to the public and there are things that can be done with architecture and with plantings so it doesn't feel like the back of a building. However, he stated that there will always be a back to a building but hopefully their site renderings show treatments to improve the back views. Murphy urged the Council to remember that the focus of the discussion is to consider changes in the Community Management Plan and that there are key phrases such as "locally owned business" from Which may be diverted at this site. He expressed that there needs to be special care given to try to • Page 6 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. • (4. #04 -2974 RELIANCE DEVELOPMENT CORP., HWY 12 /WILLOW DRIVE (OUTLOT A, STONEBAY) — COMPREHENSIVE PLAN AMENDMENT — TEXT DRAFT, continued) guide as much as can be on that corner. Murphy pointed out that the parameter requiring a pharmacy /convenience store should not be interpreted to mean a pharmacy or a convenience store, as he would not support a convenience store without a pharmacy. To meet that intent, Gaffron asked if the Draft Text language should be changed by deleting reference to a convenience store. Murphy stressed that it was important to agree that pharmacy /convenience store be interpreted as one word. McMillan questioned why this sentence is in the Draft Text as she would rather use pharmacy /convenience store as an example not as a `must be'. She asked what was the purpose of being this specific except for the fact that the Reliance Development Corp. proposal includes this type of retail use. McMillan repeated her interest in determining what is trying to be accomplished with the Draft Text language. Murphy responded that his assumption has been all the way through this process that the anchor for • this corner would be a pharmacy not just a retail building. He asked if others agreed with this assumption and, if the Draft Text did not have the `pharmacy /convenience store' language, how would there be any assurance that the anchor will be a pharmacy. McMillan replied that it is the businesses that come and leave but the buildings remain. Murphy continued that future changes can be accommodated through the plan review process; he was more concerned about the first tenants on the site. Acting Mayor White stated that he understands both points of view but he will not support the Draft Text amendment without the pharmacy language, while acknowledging the challenges of micromanaging tenant uses. However, he would not want a gas /convenience store on the site. Sansevere agreed that the whole impetus for the site development has been to provide a pharmacy on the site. He interpreted the Draft Text language to mean "a pharmacy with a convenience store" and not "or a convenvience store ". Sansevere asked staff if there was any issues changing language from 5,000 s.f to 7,000 s.f for the maximum individual tenant spaces except for food - oriented uses now or at a later date. Gaffron responded that by permitting a larger s.f space, a building may have only one tenant in most of the building, limiting the options for varieties of tenants. Ultimately, he summarized, it would open the buildings to a wider range of tenant options which may be good. Page 7 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. (4. #04 -2974 RELIANCE DEVELOPMENT CORP., HWY 12 / WILLOW DRIVE • (OUTLOT A, STONEBAY) — COMPREHENSIVE PLANAMENDMENT — TEXT DRAFT, continued) Sansevere stated he did not have any problem with that situation and asked Mr. Trautz what was the price point for square footage. Mr. Trautz responded the price point was in the low 20's. Acting Mayor White referred to Draft Text language regarding the fact that Orono `will coordinate' its commercial development planning related to Hwy 12 with the City of Long Lake. He suggested that this language be changed to reflect that fact that Orono `will seek' to coordinate with Long Lake. Also, there was language Acting Mayor White referred to that stated "to prevent the extension of retail development west of Willow Drive in Orono" and he suggested that it be changed "to limit...." He stated that in the past there was a lack of coordination efforts from Long Lake. Sansevere concurred that Long Lake has not coordinated development with Orono while Orono has been courteous in including Long Lake in Orono's planning. McMillan indicated her support of the proposed language changes from Acting Mayor White. Sansevere moved, seconded by Murphy, to approve the Comprehensive Plan Amendment Text for Outlot A, Stonebay, (Applicant: Reliance Development Corp., Hwy 12/Willow Drive) as amended with the following language: • a. Increase to 7,000 s.f. from 5,000 s.f. the individual tenant space in the remaining buildings except for food - oriented uses which may occupy a space greater than 7,000 s.f. b. Revise the statement re: building orientation on the site: Building on the site shall be oriented to accomplish (deleted language) the goal of providing an inviting vehicular and pedestrian entry from Kelley Parkway without creating negative visual impacts for the Stonebay residential development. c. Revise the statement re: Orono coordination with Long Lake: Orono will `seek to coordinate' its commercial development planning related to Hwy 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 area, and `to limit' the extension of retail development west of Willow Drive in Orono. and, to direct staff to proceed with an application to Met Council for approval. Murphy advised that he recently traveled Hwy 12 easterly from Orono to the eastern part of the Twin Cities and observed many malls along the route with their tenants. He encouraged Mr. Trautz to get the best tenants for Orono as possible and Mr. Trautz stated they will do their best to accomplish that objective. VOTE: Ayes 4, Nays 0. Page 8 of 20 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. *5. #04 -2982 LYLE AND CLARYCE JOHNSON, 1398 REST POINT ROAD — AFTER -THE- FACT VARIANCE — RESOLUTION NO. 5143. Murphy moved, Sansevere seconded, to adopt RESOLTUION NO. 5143 granting after - the -fact variances to Municipal Zoning Code, Section 78 -1288 to allow hardcover within the 0 -75' zone of 60 s.f. or 1.14% and in the 75'- 250'zone of 2,356 s.f. or 43.2% for the construction of a grade - level deck for Lyle Johnson and Claryce Johnson at 1398 Rest Point Road. VOTE: Ayes 4, Nays 0. 6. #04 -2984 MCCARTHY CONSTRUCTION, 2745 KELLEY PARKWAY Sansevere moved, White seconded, to table application #04 -2984 requesting commercial site plan approval for Planned Unit Development No. 4 for Orono Professional Center II for Berkshire Properties at 2745 Kelley Parkway. VOTE: Ayes: 4, Nays 0. *7. #04 -2989 CHRISTOPHER DIESEN, 1100 TOWNLINE ROAD — PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 5144. Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5144 granting preliminary approval of a Class III Subdivision for property located at 1100 Townline Road for Christopher Diesen, 1100 Townline Road. VOTE: Ayes 4, Nays 0. • *8. #04 -2992 RON POTAS, 2190 SHADYWOOD ROAD — VARIANCE — RESOLUTION NO. 5145. • Murphy moved, seconded by Sansevere, to adopt RESOLUTION NO. 5145 granting variances to Municipal Zoning Code, Sections 78 -350 (B), 78 -1279 (6), 78 -282, and 78 -1288, for Ronald Potas and Roberts Potas, 2190 Shadywood Road. VOTE: Ayes: 4, Nays 0. *9. #04 -2995 JYLAND HOMES, 1070 WEST FERNDALE ROAD — VARIANCE — RESOLUTION NO. 5146. Murphy moved, seconded by Sansevere, to adopt RESOLUTION NO. 5146 granting variances to Municipal Zoning Code, Sections 78 -305 and 78 -1112 for Jyland Distinctive Homes, Inc., represented by Robert A. Carlson, owner of property located at 1070 West Ferndale Road. VOTE: AYES 4, Nays 0. *10. #04 -2996 JYLAND HOMES, 1070 WEST FERNDALE ROAD — STREET VACATION — RESOLUTION NO. 5147. Murphy moved, seconded by Sansevere, to adopt RESOLUTION NO. 5147 vacating unimproved portions of an unnamed road right -of -way within the plat of "North Shore Cottage Acres Lake Minnetonka," in the City of Orono, Hennepin County, Minnesota. VOTE: Ayes 4, Nays 0. Page 9 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. *11.2004 JOINT USE DOCK LICENSES (RENEWALS) — RESOLUTIONS NO. 5148 — 5157. Murphy moved, seconded by Sansevere, to adopt RESOLUTIONS NO. 5148 through 5157 directing staff to issue joint use dock license to Big Island, Inc., Forest Arms HA, Carlson /Nelson /Gage, Bohns Point/North Shore Homeowners, Fox Hill HA, Walters Port Maintenance and Improvement Association, Victoria Estates, Kelly Cove HA, Pheasant Lawn HA, and Big Island Vets Camp subject to conditions noted herein for the period of January 1, 2004 to December 31, 2004. VOTE: Ayes 4, Nay 0. MAYOR/COUNCIL REPORT Acting Mayor White reported that he called the DNR to discuss the situation of buckthorn removal and subsequent appearance of having cleaned out a lot of vegetation. He received an email explaining that there often is a public reaction that clear - cutting has occurred when only buckthorn has been removed. Moorse confirmed a meeting is set for Thursday, 4/15/04 at 2:00 p.m. to discuss this matter. Sansevered asked if policy- makers were planning to be present in order to make decisions. Moorse outlined some of the meeting attendees, including Martha Reger, MnDNR and Xcel's Project Manager. Acting Mayor White suggested inviting Hennepin County Commissioner Linda Koblick to get the • County involved, too. Murphy reiterated his major concern is not the removal of buckthorn but what they were told by the tree trimmers, who indicated that there was to be removal of buckthorn and sumac. With those removed, Murphy commented that didn't leave much vegetation and that the tree trimmers knocked down several silver maples which were not under the power lines and did not need to be removed. Murphy asked to see the vegetation removal plan to know who is managing the effort and what will happen along the trail if care is not taken to monitor the vegetation removal activity. He reported that the tree trimmers were tilling the soil along stretches of the Luce Line in Wayzata and that had been stopped by the intervention of Dick Schmitt of the MnDNR. Acting Mayor White suggested that Thursday's meeting would be a good opportunity to discuss the issue of vegetative screening at Bederwood Park along the MnDNR trail. Sansevere inquired of Mr. Johnston, Landform Engineering Co. regarding when the next phase of Stonebay is scheduled, how many units need to be sold before the next phase begins, and how long for final build -out at Stonebay. Mr. Johnston responded that the plan is for three years to be at final build -out. However, realistically they have lost one -half (1/2) year due to a variety of delays and now the development is attempting to catch -up to the sales plan. Mr. Johnston indicated currently there are 20 lot -holds of 100 lots, and • Page 10 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. • (MAYORICOUNCIL REPORT, continued) described sales /finance sequencing issues that affect the construction progress. He reported that there are actually 3 -4 actual purchase agreements at present. Murphy asked what is the plan for building paint colors and if there is any plan to have more variation in building color than what is on site now. Mr. Johnston explained that the model home is painted and that there are five (5) or six (6) color schemes though all are relatively in the same color tone range with no great distinction. Acting Mayor White reported that the Fire Station Dedication was a great event and attended by some of the Council Members. He advised that communities from all around Lake Minnetonka were in attendance at the Dedication and he was proud of the city and all of the people who helped make it happen. McMillan mentioned that the City should salute the three retiring Planning Commissioners. Moorse advised that Resolutions of Recognition for the retiring Planning Commissioners will be brought to either the next or a future City Council meeting for adoption. The schedule will depend on the availability of the Planning Commissioners. • PUBLIC SERVICE DIRECTOR'S REPORT *12. ACCEPT QUOTATION FOR PARK MOWING SERVICES Murphy moved, Sansevere seconded, to accept the quotation from Shaughnessy Lawn Service, Orono, Minnesota for the 2004 season for park mowing services in the amount of $16,000. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR'S REPORT *13. LIQUOR LICENSE APPLICATION FOR PAUL ODE — RESOLUTION NO. 5158. Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5158 denying the Paul Ode Application for On -Sale Liquor License at 3425 Shoreline Drive. VOTE: Ayes 4, Nays 0. *14. APPOINTMENT OF PLANNING COMMISSION CHAIR AND VICE CHAIR(S) Murphy moved, Sansevere seconded, to appoint Jeanne Mabusth as Planning Commission Chair, and to appoint Dave Rahn and Cynthia Bremer as Vice - Chairs. VOTE: Ayes 4, Nays 0. *15. REAPPOINTMENT OF PARKS, OPEN SPACE AND TRAIL COMMISSION MEMBER • Murphy moved, Sansevere seconded, to reappoint Pat Wolfe to a three -year term on the Parks, Open Space and Trails Commission, expiring on December 31, 2006. VOTE: Ayes 4, Nays 0. Page 11 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. *16. REQUEST APPROVAL TO PURCHASE 2004 SQUAD CARS Muphy moved, Sansevere seconded, to approve payment for three (3), 2004 Ford Crown Victoria Police Squad Cars, to Superior Ford, set -up of the new cars and the liquidation of the old squad cars through competitive bidding. VOTE: Ayes 4, Nays 0. *17. REQUEST APPROVAL TO ADVERTISE, TEST, AND HIRE PART -TIME POLICE OFFICER Murphy moved, Sansevere seconded, to advertise for, test candidates, and extend an offer to hire to an eligible candidate for the position of a fully P.O. S. T. licensed peace officer who will work part -time hours. VOTE: Ayes 4, Nays 0. *18. APPROVAL TO DISPOSE OF UNCLAIMED PROPERTY Murphy moved, Sansevere seconded, to approve disposal of unclaimed property by silent auction at the Medina City Hall, and to discard of unsold items. VOTE: Ayes 4, Nays 0. *19. LONG LAKE FIRE DEPARTMENT BUDGET r� Murphy moved, Sansevere seconded, to approve the use of excess funds in the Joint Fire Station Construction Fund to fund the $63,810.20 overage in the Long Lake Fire Department . 2003 budget. VOTE: Ayes 4, Nays 0. 20. STUDY REGARDING DEVELOPMENT STANDARDS — ORDINANCE NO. 7, 3RD SERIES Acting Mayor White introduced the proposed ordinance that would place a moratorium on all development applications for subdivisions with densities of 2 units per acre or greater until a study of development standards for medium - density residential development is conducted. Moorse indicated that at the City Council Work Session last Thursday, April 8, 2004, it was agreed that there was a need to strengthen Orono's zoning regulations in a number of areas, including medium density residential in areas guided by the Comprehensive Plan update. In discussions of the City Council's vision with the Comprehensive Plan change there was concurrence that stronger regulations were needed to achieve that vision. Moorse stated it was discussed then to consider placing a moratorium to allow for time to research and look at examples of other city's regulations and to allow for more City Council discussion of its vision for those areas, and to take regulation recommendations through the Planning Commission/City Council process. He explained that a moratorium will provide the time necessary to complete a study process. Acting Mayor White asked if the City will need the assistance of a consultant to guide the study or can it be done with current staff. Moorse replied that some technical assistance from planning consultant(s) during the process will be • utilized. Page 12 of 20 P_.� MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. (20. STUDY REGARDING DEVELOPMENT STANDARDS —ORDINANCE NO. 7, 3RD SERIES, continued) Murphy asked about the proposed time - frame for the moratorium. Moorse responded that the goal was to complete the study within six (6) months or sooner if possible as this would be a high priority to accomplish but acknowledged that it does not take long to use 3 -4 of those months with the planning review process itself. Attorney Barrett and Moorse clarified that the proposed ordinance language indicates that the moratorium would expire in one year and can be repealed earlier if the City Council so decides. Acting Mayor White asked for public comments on this matter. Mr. Charles James expressed his disappointment with the process for discussion of a moratorium as he had received no prior notice of this topic being on the City Council's April 12, 2004 Agenda. He identified himself as part of the family who owns property across Highway 12 from the Orono High School and that their business developed the award - winning facility for the best 100,000 s.f. shopping center with the Chanhassen Byerly's. Further, he expressed frustration with prior city contacts compared to his experiences elsewhere that were much more collaborative and his view that the moratorium would basically involve only their family's property and one site by the water tower. • Mr. James indicated that this is their first residential development and that their goal is to develop the lowest residential density proposal. He explained that he contacted many residential developers who would contact the City regarding housing development proposals and received conflicting impressions about affordable housing in Orono. Mr. James stated that he received a telephone call notifying him of this Agenda topic at 5:45 p.m. on April 12, 2004 and indicated his the concern that the proposed moratorium would basically involve only their property. Mr. James advised that they have narrowed their search for developers proposing the lowest residential density. Also, their development is relying on the availability of fill material from the Hwy 12 improvement project this summer which will mean a reduced development cost to the project. He stated that he does not think the property is a good spot for residential development but that is what the City is guiding the site for. He questioned the need for a moratorium when the site will be a PUD for twenty acres with one applicant. Further, he repeated that he felt they had been run rough -shed over by the city and has never experienced a collaborative process with Orono as he has in other locations. Mr. Steve Johnston advised that Mr. James contacted Landform Engineering to perform a wetland delineation of the site about one year ag. He has had informal discussions with Gaffron. When Mr. James came to the conclusion that he wanted to sell the property outright, Landform Engineering connected Mr. James with Brenshall Homes and they are ready to meet with the City next week for a pre - application meeting. Mr. Johnston stated that he received a phone call from Moorse at about 5:10 p.m. providing notification about the proposed moratorium agenda item. He continued by describing • their proposed Sketch Plan that does meet current Guide Plan requirements, that it is a reasonable use of the site for what the market will bear. Without a moratorium, they are looking at the soonest the project would be through the city and watershed review process will be March, 2005 if they were Page 13 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. (20. STUDYREGARDING DEVELOPMENT STANDARDS —ORDINANCE NO. 7, 3RD SERIES, continued) able to begin with the pre - application meeting next week. With up to a year moratorium, it puts the project at a 2006 construction commencement and precludes the ability to get the Hwy 12 road project fill to raise their site. Mr. Johnston explained that if the fill is not available to the site, it means that no basements could be constructed on the site due to the high groundwater table. Mr. Johnston questioned what would be accomplished with a study ahead of an application that could not be accomplished through the PUD process. He requested that the moratorium not be enacted but to allow the PUD application to occur beginning with the pre - application meeting next week and scheduling the Sketch Plan review with the Planning Commission. It was his suggestion to conduct a parallel process involving research being conducted while the PUD process is progressing. Mr. Tom Stokes, Brenshall Development, 2200 Shadywood Road, Orono, acknowledged that they have been in conversation with Mr. James for six (6) or seven (7) months. He explained that he has built and developed in Orono and the western Twin Cities area for about 20 years. He laid out a description of the proposed housing for this subject site which will be an affordable housing product for Orono, ranging from $350,000 - $500,000 per single family home. • Sansevere commented that the Metropolitan Council definition of affordable housing is under $200,000 and not the ranges proposed by Brenshall Homes. • Mr. Stokes replied that affordable, new construction housing for this western part of the Twin Cities and in Orono is at the ranges they are proposing and are at these lower ranges because of the availability of the Hwy 12 export material. He stated that constructing a single family home product in Orono under $750,000 is only possible because of the Hwy 12 road project fill that can be used on the site. Mr. Stokes stated Brenshall Homes with LaGran Homes were prepared to come to the City with a great product that is needed in the Orono community. Murphy questioned how long has it been known that there was something in the works for this project site. Gaffron replied that he had talked to Mr. James over two years ago about this site. Mr. James cited the example of downtown Minneapolis at Riverfront with supposedly affordable housing prices and that he heard conflicting information from other housing developers about Orono's interest in truly affordable homes with higher densities. Murphy responded that he was more concerned about the timing of a moratorium related to whether the city was aware that something was in the works and not the definition of affordable housing. Gaffron stated that the city has known from last year that Mr. James was trying to market the property and that they have had numerous conversations. In the past month he was aware that it was • getting towards the proposal stage. Page 14 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. • (20. STUDY REGARDING DEVELOPMENT STANDARDS —ORDINANCE NO. 7 3RD SERIES, continued) Murphy asked if it was fair to say that one of the reasons for the proposed moratorium was this pending proposal. Gaffron explained that the City Council's vision for Stonebay has had a substantial impact in tern-is its appearance versus the City Council's expectations for the housing product there. It drove the discussion about the reality of 6 units /acre and whether this is what should be guided elsewhere in Orono. He further explained that the Stonebay project being the first such project in Orono has led to more awareness of the realities of higher density developments, including potential 2 — 4 units /acre development at Mr. James' property and in the area of the Long Lake Fire Station on Willow Drive. Gaffron concluded that there are no existing Orono ordinance standards for this type of residential site development. Attorney Barrett pointed out that since 1975 frequently moratoria are exercised by City Council's facing development about which they are uncertain or do not have zoning controls in place and are aware of pending applications. Murphy expressed his view that a moratorium should be in place for less than six (6) months. He • commented that he did not think that the City Council and Planning Commission were of one voice on the vision of affordable housing or what affordable housing or density means in Orono. In the interest of being fair, Murphy suggested the possibility of following a parallel path with an informal process that would allow the pending application review process to bring forth ideas from James /Brenshall /LaGran that would benefit the development of regulatory standards. Attorney Barrett advised that the moratorium statute prevents imposing a moratorium once a Preliminary Subdivision has been granted. With the consent of the developers and with the disclosures the City has made to the developers, it might be possible to consider a dual track if the City Council desires to do so. Attorney Barrett stated that the City could do that consistent with the City's moratorium authority without waiving it and may be a helpful process. Sansevere asked for clarification from Mr. James regarding if Mr. James thinks a fast one is being pulled on him. Mr. Johnston denied that he thought that characterization was correct but could only speak for himself, though he reiterated that they had only been aware of the moratorium agenda topic for about 3 hours and had not come with any unified voice. Sansevere pointed out the City Council had only been aware of the possibility since last Thursday's work session and asked for clarification from Moorse and Gaffron if the topic had only recently occurred to them or had it been under discussion for some time. He asked them to provide a satisfactory reason for the apparent short amount of time to consider imposing a moratorium. Page 15 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. 20. STUDY REGARDING DEVELOPMENT STANDARDS — ORDINANCE NO. 7 • 3RD SERIES, continued) Moorse explained that Gaffron's prior explanation was accurate in that over the last month or so as staff and Council informally discussed development issues, it became more clear that there were major concerns about implementing the goals of the Comprehensive Plan related to the areas guided to higher density residential development. Those informal discussions came together over the past month into a more focused concern, which also coincided with the occurrence of developer discussions in the same time fraine. Moorse continued that the City may not be in a position to deal with such a development when the City is unclear at the City Council or Planning Commission level about the vision for development, the densities the City is looking for, or the affordability issue. Sansevere asked Mr. Johnston if the Hwy 12 fill material could be placed on the property under a moratorium. Mr. Johnston indicated, in his experience with most cities, that would involve getting permission for these quantities of dirt from the watershed and MnDNR, questions of whether there is mining involved and about stockpiling problems. Gaffron clarified that the Orono process involves a Conditional Use Permit application for greater than 500 cu. yds.of fill taking two months to process, and also includes a watershed application. • Acting Mayor White summarized the public comments, listing their concerns about lack of meeting notification and collaboration, that the moratorium would not gain them more than the traditional PUD process would provide, that the delay would translate into higher costs for fill if the Hwy 12 road project material was not available at a later date, that Brenshall should be allowed be make application as they have intended with no moratorium imposed and, finally, issues of affordability in Orono. Acting Mayor White asked Moorse and Gaffron to comment on what is gained by the moratorium, but continued by stating that he believes that by zoning the James' site for high density the property owner has received a financial windfall though acknowledging that the City probably did not collaborate with the property owner at the time of rezoning. He commented that the City has a pending development application and defended the City's need to respond quickly. Acting Mayor White expressed his hope that the study can be accomplished as soon as possible and may not interfere with the coordination of the Hwy 12 fill. He acknowledged the impact of seeing Stonebay under construction and wondering if that is really what is the City's vision. He also agreed with the developer's comments about the difficulty of providing affordable new construction in Orono. Acting Mayor White concluded that he supports imposing the moratorium and supports the staff in their development of more regulatory controls, if needed, to provide more clarity for development. Moorse pointed out that there will be opportunities for collaboration during the moratorium process and offered to look at any good solutions proposed by Brenshall Homes as part of the study process. • Also, he stated that bringing in a Sketch Plan prior to the Council going through the study process could involve a lot of time in itself. Moorse observed that the clarity expected from the study process Page 16 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. • (20. STUD YREGARDING DEVELOPMENT STANDARDS —ORDINANCE NO. 7, 3RD SERIES, continued) should improve and shorten the application process rather than having a Sketch Plan preceding the moratorium and its study. McMillan echoed Acting Mayor White's comments about the Stonebay development creating a lot of issues as it is being built out. She concluded that the City does not have a grasp of the higher density issue and its effects, and recommended that the moratorium be imposed but for only six months. Murphy expressed his position that the City does need time to conduct a research study, re -group itself and develop a `pecking order' with staff, the Planning Commission and the City Council. He concurred that six months should be the maximum amount of time of a moratorium. Murphy described the impact of seeing Stonebay under construction and asked if this is really the anticipated result the City envisioned. He asked the developers present if it was worth it, in the interest of collaboration, to run a dual process while the City takes time for the study. Mr. Johnston responded favorably because it may help the developers shape things a little more but the developers could also step back fully, allow the City time to conduct the study, and respond when it is completed. He explained that their plan is for 3.9 units /acre, detached, single family homes that are not affordable according to Metropolitan Council price ranges, and have followed the process to • the letter by bringing in the Sketch Plan next week. He further advised that for their project to meet Metropolitan Council affordability price ranges and for a reasonable rate of return for Mr. James and a reasonable sale price, the project had to be designed for 12 -14 units /acre. He observed that he did not think this density would be approved in Orono. Mr. Johnston concluded by stating that they would appreciate the City's feed -back but that he has a concern that regardless of what they design there will be difficulties for the City Council in relation to higher density sites. Acting Mayor White and Sansevere responded saying they relate to the higher density sites from personal experience. Sansevere stated that he is supportive of staff and will continue to be, but emphasized that a collaborative process could stream -line things for the developer particularly if the staff takes this time to determine what is best for the City, as well as beneficial to the developer, thereby avoiding a long, drawn -out process. Gaffron agreed that there is a benefit to the collaborative process with the developers submitting plans for the City to react to; this may force the City to keep moving forward. Murphy reiterated his position in favor of taking time under a moratorium to force the City to look at what the process has been and to improve it. Mr. Stokes expressed his interest in bringing the right product into Orono that meets the community's • needs. He predicted that, to the extent of working with staff through a collaborative process, it may shorten the time period needed to receive their approvals after the moratorium and that they would be willing to work with staff and with Mr. James' approval. Page 17 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. (20. STUD YREGARDING DEVELOPMENT STANDARDS —ORDINANCE NO. 7, 3RD SERIES, continued) Mr. James' interjected that he did not intend to be aggressive with his comments but is just trying to work with the City and to move on. He thought Orono wanted affordable housing but experienced a circular decision - making loop that was frustrating. Mr. James observed that the decision to build a water tower in Orono results in high water connection fees that impact development costs and affordability issues. Sansevere cautioned Mr. James to not refer to their proposal as providing affordable housing as its much greater price range may offend the affordable housing groups who consider affordable price ranges as being $180,000/190,000. Mr. James responded that higher price ranges are a result of current development practices requiring a development to be fully completed before move -ins, rather than allowing move -ins with phased completion, like historically done in Richfield, MN. Acting Mayor White mentioned that studies have shown that developers know how to build affordable housing but many buyers do not want them. Murphy invited Mr. James, Mr. Stokes and Mr. Johnston to attend more City Council meetings and expressed his disappointment with the City's inability to manage the process of decision - making between the City Council, Planning Commission and staff. He viewed imposing the moratorium as a way to improve the process and invited them to work together with the City. Murphy moved, McMillan seconded, to authorize a study of development standards for medium - density residential development, and to adopt Ordinance No. 7, 3 d Series, an interim ordinance pursuant to Minnesota Statutes Section 462.355, Subdivision 4, to establish a moratorium for a maximum of six (6) months prohibiting the granting of Preliminary Subdivision approval, Zoning (CUP/Variance) approval, Rezoning, or PUD approval within the moratorium area as defined herein. VOTE: Ayes 4, Nays 0. *21. HIRING OF SEASONAL STAFF FOR THE ORONO GOLF COURSE Murphy moved, Sansevere seconded, to approve a seasonal employee pay range of $7.90 to $8.60 per hour for the 2004 season, and to hire the following seasonal employees at the proposed wage rates and under the applicable provisions of the PERA rules: LIST OF SEASONAL GOLD COURSE EMPLOYEES Employee Dan Oas Gary Peickert John Stork Page 18 of 20 2004 Hourly Watie Rate $8.60 $8.38 $8.38 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. • ( *21. HIRING OF SEASONAL STAFF FOR THE ORONO GOLF COURSE, continued) Bill McIntyre $8.38 John Ross Maximum Earnings Limit $8.38 Fred Abrahamson Maximum Earnings Limit $8.38 Marshall Hambro Maximum Earnings Limit $8.38 Rodney Jensen $8.25 Katie Smyth Maximum Earnings Limit $8.25 Dan Marsella $8.25 Michael Polley Maximum Earnings Limit $8.00 VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett had nothing to report. *22. LICENSES ANNUAL LIQUOR LICENSES 1. Club On Sale and Sunday Liquor • Spring Hill Golf Club 725 Sixth Avenue North RESIDENTIAL KENNEL LICENSE 2. Jane Kline /Steve Bell 4455 West Branch Road 3. Gail Wilder 1331 North Arm Road SPECIAL EVENT 4. Applicant: Bassman Event: Bassman Fishing Tournament Location: Depart from Maxwell Bay Date /Time: Saturdays, May 29 (6:00 a.m. -1:00 p.m.), July 10 (6:00 a.m. -1:00 p.m.), August 14 (6:30 a.m. -1:30 p.m.), and September 18 (7:00 a.m. -3:00 p.m.). 5. Applicant: Pillar Homes Event: 2004 Luxury Home Tour Location: 1625 Bohns Point Road Date: June 11 -13, 18 -20, and 25 -27, 2004 is Time: Fridays, 1:00 p.m. -7:00 p.m.; Saturdays and Sundays, Noon -6:00 p.m. Page 19 of 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 12, 2004 7:00 o'clock p.m. ( *22. LICENSES, continued) 6. Applicant: Chuck Plain Event: Wedding and Live Music for 120 Guests Location: 3227 Casco Circle Date: Saturday, August 28, 2004 Time: 2:00 p.m. —10:00 p.m. TOBACCO LICENSE 7. Rick's Market Von Paul Martin (new owner /applicant) 3333 Shoreline Drive Murphy moved, Sansevere seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0. *23. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nay 0. ADJOURNMENT Murphy moved, Acting Mayor White seconded, to adjourn the Orono City Council Meeting of April 12, 2004 at 8:55 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk (:;m'�e—s White, Acting Mayor Page 20 of 20 • •