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HomeMy WebLinkAbout10-11-2004 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 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 Jim Murphy, Lili McMillan, and Bob Sansevere. Representing Staff were City Attorney Thomas Barrett, Planning Director Mike Gaffron, Planner Janice Gundlach, Public Service Director Greg Gappa, Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Barbara Peterson and City Administrator Ron Moorse were absent. Acting Mayor White called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. APPROVE /AMEND This item follows Item #2. PUBLIC HEARING — 7:02 P.M. — 7:39 P.M. 2. EXTENSION OF MORATORIUM ON MEDIUM/HIGH DENSITY RESIDENTIAL DEVELOPMENT — ORDINANCE NO. 19,3 RD SERIES White noted the Orono City Council adopted a moratorium approximately six months ago on • subdivision, rezoning, or PUD approvals for property that is currently guided in the Orono 2000 -2020 Community Management Plan to allow residential densities in excess of two dwelling units per acre, with the exception of the property within the plat of Stonebay. The moratorium is scheduled to expire on October 12, 2004. White stated the Council will not be able to complete its review within the six months and would like to extend the moratorium. White inquired whether an Affidavit of Publication is on file with the recording secretary. Gaffron stated the Affidavit of Publication is included within the Council Members' packets tonight. White opened the public hearing. Charles James addressed the Council regarding his property affected by this moratorium. James indicated he has owned this property for over ten years and requested he be allowed ten minutes to give the Council some background on the property. James indicated he has been in the commercial real estate development business for over 25 years and has an impeccable record concerning his developments. James stated that in 1994 and 1995, he developed a new Byerly's store and shopping center in Chanhassen consisting of approximately 100,000 square feet. James noted he was asked to attend a meeting of the NAIOP, National Association of Industrial Office Property Developers, and the Minnesota Shopping Center Association, and was given an award for project of the year for the best designed and built shopping center. James stated at that time the need for a grocery store in Orono was perceived and he started to work toward that vision. James indicated he considered a number of properties in Orono and also looked at the • PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. (Extension of Moratorium, Continued) availability of utilities in connection with this project. An architectural rendering was presented to the City of what was being proposed and a request was made to be on the next City Council agenda. James commented in his opinion apparently a flurry of nonpublic actions were set off by his proposal and the mayor at that time contacted the owner of Byerly's and spoke with him regarding the shopping center in Chanhassen. James indicated in addition he was never invited to any meetings regarding the new Highway 12 corridor and was never informed of any discussions had by the City concerning his property. James indicated he was waiting to hear whether he would be allowed to speak to the Council concerning his proposal. James stated it is his understanding at a work session there apparently was a consensus among the council members that they did not want any big box retail stores. James stated his proposal was for a 60,000 square foot grocery store that would offer essential services to the residents and would be approximately one -fourth the size of any big retailer. James indicated there were a number of intervening issues encountered during this process, including the failed attempt to merge with the City of Long Lake, the new Highway 12 corridor, and the mandated comprehensive plan update. James noted he was never invited to any discussions and never advised of any meetings concerning this property except for one possible exception. James stated he found this process to be very disturbing. James stated in other communities typically there is a collaborative process that involves public hearings and input from the residents, but in Orono there was apparently a top -down planning process that he personally finds very disappointing. • James indicated he basically gave up on any idea of a grocery project since he was told that the • comprehensive plan was to be changed. James stated following that time he happened to see a city brochure concerning affordable housing and that his property was identified as a potential for affordable housing. James stated he was not informed of this. James indicated he then spoke with Staff and found out what the City was thinking in that regard and then he went out and interviewed other developers in this area in an effort to find a suitable contractor. James stated the developers he spoke with were advised to speak with Staff concerning what could be constructed on this lot. James stated during this process he attempted to pick a developer that would be able to offer a higher quality product and a lower density. James stated he elected to go with Brenwood and attempted to follow the stated vision of the City for this property. James noted he normally does not do residential projects, and that it has not been his vision to have residential on that property, which is fronted on one side by old Highway 12, one side being fronted by the new Highway 12 corridor, one side being fronted by Crystal Bay Road, and one side being located across the street from some industrial uses. James commented he personally would not want to live in that area but that he still continued to try to follow the vision of the City for this property. James stated he completed the necessary wetland delineation, submitted surveys, and did design work in connection with his proposal only to be informed that the City was going to place a moratorium on developing this property. James stated it is his understanding this moratorium is applicable only to his property and designed to stop the development process on this site. James stated he does not understand what a moratorium is going to accomplish that the site plan approval process would not accomplish. James indicated he is continuing to pay taxes on the property even though he has now lost a whole construction season and work still will not be able to be commenced if the moratorium is extended. James noted there have not been any offers by the City during this moratorium to pay the property taxes • PAGE 2 LJ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. (Extension of Moratorium, Continued) for this property and that he is very concerned about losing the opportunity to obtain dirt from the highway project. James stated he hopes by giving the Council a little bit of background concerning this property the Council can understand where he is coming from. James stated in his opinion there has been a subversion of the democratic process in this instance. James commented in his view it is very indicative of this whole thing that he was sitting at his residence at 5:30 p.m. and received a call from somebody at Brenwood, not the City, notifying him that there would be a moratorium adopted by the City. James stated he does not understand the process where his property can be discussed and he is not notified of the meetings. James indicated he has spoken with Mr. Shardlow and has seen a copy of the letter that contains his proposals. James noted that letter discussed all the steps and processes the City should follow but there was not one mention in the letter about contacting the property owner about what he would like to do with his property. There was also no mention of a public hearing being held or notifying the property owner. James commented in his opinion that is shameful. James stated he is here tonight to ask what it is the City is so afraid of concerning this property. James stated he has given up his vision for this property and has been attempting to work towards the City's vision, but that the City needs to be open with the property owner concerning their plans for this piece of property or any other piece of property. James indicated in his opinion he has a right to be notified of • what plans the City has for this property. • Sansevere stated he was opposed to the type of density that was being proposed at the time the developer made his presentation and that he could not envision that for this area. Sansevere commented the City cannot allow a property owner to do whatever the owner would like to do with a parcel of property and that property owners need to have some guidelines concerning development that should be followed. Sansevere commented in his view this is a nice piece of property and will be attractive to whoever lives on it someday, but that the density being proposed was too high in his opinion. James stated he does not have a problem with the concept of zoning, but that he is speaking to the process where he has not been invited to give input concerning the decisions being made on his property. Sansevere stated it is also his belief that more properties are impacted by this moratorium than just this parcel and that it is the entire corridor to the west of this property that the City is looking at with this moratorium. Sansevere indicated the City would like to create a vision that ties these properties together and that the moratorium enables Staff to look at what is best for this area. Sansevere noted the City is also looking at the apple orchard property and how that possibly might be developed in the future. McMillan stated another piece of property under this moratorium is the land east of the Long Lake Fire Station. James inquired what has been accomplished with this moratorium in the last six months and what Staff hopes to accomplish in the next six months. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. (Extension of Moratorium, Continued) • Gaffron stated the Council has tried to determine what process should be gone through, which has been accomplished by hiring a consultant and creating a vision for this area. Gaffron noted it took the Council approximately two to three months prior to the hiring of a consultant before the Council was able to focus on the real issues that need to be addressed. Gaffron noted Mr. James was provided with a copy of Shardlow's proposal. Sansevere commented prior to being elected to the Council, he had no idea of the timetable that the average resident goes through before obtaining approval and that the process can be frustrating at times. James stated he has attempted to do what he could to facilitate what he has been told the City envisions for this property. Sansevere inquired whether a small grocery store could be constructed on the lot off of Willow and Highway 12. James indicated he originally looked at the lot off of Highway 12 and Willow but that the property had issues with high water table and bad soils that would preclude any large footprint building. James stated he had envisioned building a high quality development on this property that could be identified as the center of town and provide essential services to the residents of this area. James commented he was not given the opportunity to discuss his proposal or be able to pursue it. Murphy stated he personally was not aware of Mr. James until he became a council member and that this • situation is not personal. James indicated he is very comfortable with his reputation in this town. Murphy indicated he is aware that the big box retail was discussed with the merger between Orono and Long Lake, but that the reason the Council requested a moratorium was to give the City an opportunity to step back and analyze the particular housing being proposed for certain sections of the City. Murphy indicated a number of discussions have been held regarding affordable housing in Orono and other cities. Murphy stated he is not convinced affordable housing is workable in Orono and that the City is not in a position to subsidize affordable housing given the population of the City. Murphy stated the third reason for the moratorium is to allow the City time to determine the density the City would like to see in this area and ways in which the rural character of Orono can be maintained. Murphy stated another issue before the City is the turn-back of old Highway 12. Murphy stated the City is four months into a three -year piece of work, with the City having held three public hearings concerning the construction and the vision for the new corridor. Murphy stated these meetings were well publicized, but noted that very few residents showed up at the hearings. Murphy commented the construction of the new Highway 12 corridor gives the City a one -time opportunity to take a close look at the vision for this area. James stated he also enjoys the rural area of Orono, but that a sewer and water main sits in front of this property that provides an opportunity to hook into existing services. James commented that he does not see development spreading to other parts of the city simply because this property might be developed • PAGE 4 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. (Extension of Moratorium, Continued) since the infrastructure is not available to the other properties in this area. James stated in his opinion this type of density should be looked at seriously given the availability of utilities for this lot. Murphy stated the fact that the City has placed a moratorium on this whole process means that the City is not going to wind up suggesting something that Mr. James would not be a part of Murphy stated he has great reservations regarding the high density that has been proposed for this property and other properties in Orono. Murphy commented the moratorium allows the city to look closer at future development of this area. Sansevere inquired what James would like to see happen in order to be kept better in the loop. James stated Gaffron mailed something to his home address notifying him of tonight's meeting. James indicated it is possible the notices in the past have gone to the family in Arkansas, but that he has been informed that they have not received anything from the City. James stated he feels he is being kept better informed by the City. James reiterated that utilities are currently in place for this property. James encouraged the Council to review the project that Rottland constructed in Eden Prairie, which is a very attractive project in his view. James indicated he has changed his design plans for this property based on what he thought the City was envisioning for this property. • White stated as the City goes through this process of the moratorium, Mr. James should be kept notified of the steps the City is taking. White encouraged Mr. James to continue to work with the City in developing this property. White pointed out the property owner typically is notified of any action the City takes that affects a particular property and that the City is not trying to keep anything secret. White indicated the City's work sessions are open to the public and that Mr. James would be kept in the loop concerning this property. Sansevere suggested James also contact the City periodically to see what the status is. 0 White inquired whether there were further public comments regarding this application. Hearing none, White closed the public hearing at 7:39 p.m. Murphy stated he would like to see the City follow the process being recommended by Shardlow. Murphy moved, Sansevere seconded, to adopt ORDINANCE NO. 19,3 d SERIES, an Ordinance Extending an Interim Moratorium Prohibiting the Granting of Preliminary Subdivision Approval, Rezoning, or PUD Approval Within the Moratorium Area as Defined in Ordinance No. 7, Third Series, as Amended by Ordinance No. 8, Third Series. VOTE: Ayes 4, Nays 0. CONSENT AGENDA 1. APPROVE/AMEND Items 5, 6, 7, 11, 12, 13, 14, 15, 16, 17, and 18 were added to the Consent Agenda. PAGE 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. (Consent Agenda, Continued) Sansevere moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0 Sansevere stated Cornick is an asset to the City and has done a terrific job. Murphy suggested better publicity concerning these types of situations be done by the City. APPROVAL OF MINUTES *3. REGULAR CITY COUNCIL MEETING OF SEPTEMBER 27, 2004 Sansevere moved, McMillan seconded, to approve the minutes of the Orono City Council regular meeting of September 27, 2004. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — MICHAEL HUDDY AND ANDREW MCDERMOTT, REPRESENTATIVES • McDermott stated he would like to recognize Paul Pesek for his efforts in attempting to obtain temporary access to Lowry Woods. 0 McMillan inquired whether the City currently has access to Lowry Woods. McDermott indicated they are attempting to get an easement from one of the property owners. McDermott stated overall the Park Commission feels the parks are in excellent condition with only a few minor items needing to be addressed prior to winter. McDermott indicated the Park Commission is excited about the recently acquired parcel next to Navarre Park and that two neighbors are interested in becoming involved with this park. Huddy stated he has toured the majority of Orono's parks and that he has enjoyed his limited time on the Park Commission. Huddy noted one of the issues discussed at the last meeting was the concept of term limits and that the Park Commission felt that while term limits are generally good, an exception should be made in this situation. Huddy indicated the current members of the Park Commission have not expressed a desire to assume the position of chair. Murphy indicated the Council has discussed term limits on and off over the years and that in his opinion term limits are very important for two reasons. One, the City needs to encourage more people in the Orono community to step up and serve on various committees and, two, given the amount of work that needs to be done on a volunteer basis in this community, people should be encouraged to participate on the City's committees for a period of time and that once their term limit is up, they should step down and find other endeavors. Huddy indicated in his view the Park Commission has not done an adequate job of preparing someone to step into the chair's position and that the function of the commission would be jeopardized over the next • PAGE 6 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. (Park Commission Comments, Continued) year until someone can be trained to take over that role. Huddy stated the Park Commission is requesting to extend McDermott's term another year in order to train someone for the chair position. Murphy inquired how many years McDermott has been the chair. McDermott indicated he has been the chair for approximately five years. McMillan noted the Park Commission used to have a vice chair. McDermott stated no one was willing to accept the vice chair role the last couple of years. Sansevere stated he personally is against term limits, noting that this is a volunteer position and that someone with a great wealth of experience is an asset and should be allowed to remain. Sansevere noted another member of the Park Commission was lost a year or two ago because of term limits. Sansevere inquired how long a person has to remain off a committee before reapplying for the position. Barrett stated it is his understanding the person should step down for at least one year. Murphy noted by and large the people with the City are volunteers and that the City may not have done an adequate job of recruiting someone for the vice chair's position. Murphy stated the City should have addressed this situation sooner, but that in his opinion there are people on the Park Commission who • could step up into this position. Sansevere concurred that there are other people on the Park Commission currently who could assume the chair position, and that one reason the members of the Park Commission did not volunteer to take over could be the fact that they do not want to lose McDermott. Huddy stated at the last Park Commission meeting a poll was conducted and not one member of the Park Commission was willing to step up to assume the chair. Huddy noted that McDermott had recommended someone step up into the vice chair to prepare for becoming the chair. Huddy stated in his opinion there will not be a smooth transition. Sansevere stated he would like a recommendation from the Park Commission for a vice chair or a short transitional period. McMillan stated at times people are hesitant to assume a role of this type and that some people are not aware they have the potential until they are given the opportunity. McMillan pointed out the rest of the Park Commission would help the person who assumes the chair position. White stated the Council would need to discuss this at their next work session. White noted that McDermott was responsible in large part for the Navarre Park and that it would be difficult to replace him given his experience. McMillan stated she would encourage the Park Commission to continue to consult with McDermott once • his term limit is over to gain his insight into different issues facing the Park Commission. PAGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. (Park Commission Comments, Continued) • McMillan stated she would like to have a visual drawing of what the Commission is looking at for the different areas of the newly acquired property next to the Navarre Park. McMillan encouraged the Park Commission to continue working with the neighbors on this project. PLANNING COMMISSION COMMENTS — DAVE RAHN, REPRESENTATIVE Rahn indicated he would be available for any questions the Council may have concerning tonight's application. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 4. #04 -3048 STEVEN AND KATHLEEN PERSIAN, 1005 HUNT FARM ROAD — VARIANCES Steven and Kathleen Persian, Applicants, were present. • Gundlach stated the applicant originally requested a number of variances to construct a 2160 square foot structure. The first variance was to permit the proposed storage shed to be located nearer the front or street lot line than the principal building. The second variance was to permit a north side yard setback variance to permit the structure to be located 15 feet from the lot line when 30 feet is normally required, and a third variance was requested to permit an oversized accessory structure. The applicant has indicated prior to the meeting that he would like to change his proposal to meet the Planning Commission recommendation, which was approval of the variance to allow the accessory building to be located nearer the front or street lot line than the principal building and denial of the two other variance requests. The two dissenting votes on the Planning Commission felt no variances were justified on this application. Gundlach indicated there are a number of restrictions on this property mainly related to septic and wetland setbacks that need to be dealt with. Gundlach indicated the current septic site is located within the easement and that there is also some sloping topography in the rear of the property due to the wetlands located in that area. Staff recommends approval of the variance based on the setback restrictions and the Planning Commission recommendation. Sansevere inquired whether the applicant was agreeing to reduce the structure to 1200 square feet. Gundlach stated the building would be 1200 square feet, but that it would still require a variance to be located in front of the house. U PAGE 8 n U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. ( #04 -3048 Steven and Kathleen Persian, Continued) Persian indicated because of the outlot, the building is technically located in front of the house but it appears to be at the side of the residence. Gundlach indicated there is platted right -of -way to the north that is not developed. Gundlach illustrated on the overhead where the residence is located and the location of the proposed structure. Murphy inquired whether this structure could be located elsewhere. Gundlach stated originally Staff felt the location of the structure and the alternate septic site could be swapped, which is still a possibility. Gundlach stated if those two are swapped, there would be no need for any variances. Gundlach stated the site where the structure is proposed to be located has not been tested for a septic site and that there might also be some access issues to the new structure if the two locations are swapped. Peter Schoon, 994 Hunt Farm Road, presented pictures to the Council showing a view from his residence. McMillan inquired whether the proposed structure would be within his sight line. Schoon stated it would be. Persian indicated the neighbor's sight line is approximately 300 to 400 feet away from the proposed structure with a strip of 75 to 100 feet of deciduous trees between the two properties. White inquired whether there was a homeowner's association for their neighborhood. Schoon stated there is a homeowner's association. Persian indicated he is in agreement with the Planning Commission and he is agreeable to reducing the size of the structure. Sansevere inquired whether the applicant is still requesting the variance to the north side yard setback. Gundlach stated the applicant is only requesting a variance to permit the proposed storage shed to be located nearer the front or street lot line than the principal building. Sansevere inquired how close he would be to the lot line. Gundlach noted the applicant is agreeable to reducing the size of the structure, which would be 30 feet to the north and approximately 45 -50 feet to the undeveloped right -of -way under this proposal. Persian stated he would be 50 feet to the undeveloped right -of -way, not Schoon's residence. White noted that would make it approximately 80 feet from the Schoon property. Sansevere inquired whether Mr. Schoon would still be able to see the structure if it was located behind the • front lot line. PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. ( #04 -3048 Steven and Kathleen Persian, Continued) Schoon indicated it would be and that they would prefer to have it located in the corner. Persian stated if the building was located in the corner, they would have to drive over a pressure line that goes to the septic, which they have been advised to avoid doing. Persian stated the interpretation of a front lot line is a little unique given the configuration of the lot and that they also have concerns regarding access if the structure is located elsewhere on the property. McMillan commented they would probably want to avoid driving over the alternate septic site as well. Persian stated if the structure is located in the corner and they ever need to use their alternate septic site, they would need to cross over the alternate septic site. Murphy noted the applicant is willing to reduce the structure from 2160 to 1200 square feet, which is practically half of what was originally proposed. Murphy inquired what that does to the profile of the building. Persian stated the building would be significantly lower, with the sidewalls being reduced. Murphy stated the fact that the building is smaller changes a lot of issues that the Planning Commission had discussed. • Rahn indicated the height was a big issue, and the question remains what the side walls would be with the • smaller sized structure. Murphy inquired whether it would be better to send this back to the Planning Commission for their review and input on the revised proposal. Barrett indicated the Council should send it back to the Planning Commission if it is a substantial change that was not considered by the Planning Commission at the time the application was reviewed. Barrett stated if the Council would like the exact dimensions of the building, that is a reasonable request. Sansevere noted the Planning Commission already approved the 1200 square foot size. Persian stated they were made aware of a series of covenants as part of the homeowners association. Persian indicated they are willing to adhere to those covenants. Persian stated they would submit their plans to the homeowners association for review. Sansevere requested the individuals from the homeowners association identify themselves for the record. Sue Wilson, 840 Hunt Farm Road, indicated she has resided in this neighborhood for approximately 12 years. Bridget Armbruster, 870 Hunt Farm Road, stated she has resided in this neighborhood for approximately one year. r1 L_J PAGE 10 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. ( #04 -3048 Steven and Kathleen Persian, Continued) Schoon stated he is the president of Hunt Farms Homeowners Association and that he has some points he would like the Council to consider as part of this application. Schoon commented he and his wife have some reservations concerning the prospect of a large steel -sided structure being constructed that would be visible from their home. Schoon stated they could probably get over having one structure constructed, but that he foresees a problem with additional sheds being constructed on this property or other properties within this development. Schoon stated he has spoken with the developer of this property who indicated that he did tear down a practically new pole barn structure in this area as part of the development since he felt it was incompatible with the character of the neighborhood. Schoon stated the homeowners association does have a process in place to deal with structures of this type and indicated they would like some time to work with Persian in order to work with them to insure that the covenants are being met. Schoon indicated he felt this could be accomplished within 30 days. Sansevere inquired whether the Council could rule on this and then let the homeowners association work out the issues with the covenants. Barrett stated the City of Orono has gone to some length to not become involved in enforcement of private covenants and that it is up to the private homeowners to insure that the covenants are being complied with. Barrett stated the City does allow the homeowner to build or make the change that he • desires if it is in compliance with city code. Barrett stated the Council has the option of requiring as a condition of the variance approval that an opinion of his counsel be obtained from the applicant stating that this proposal is consistent with the covenants. Barrett stated if the applicant does come back with an opinion of counsel that the covenants are being complied with, that should satisfy the City, but that private enforcement of the covenants is up to the homeowners association. • McMillan stated she would prefer to see a variance on the north side setback than on the front of the principal building. McMillan noted this is a somewhat funny shaped lot, but that the proposed structure does have some visual impact. McMillan stated in her opinion the building would have to be relocated somewhat to fit in that new location and she is unsure whether that option is workable for the applicants. McMillan noted she was not able to visit this lot prior to tonight's meeting. Sue Wilson stated the homeowners have bylaws to follow and there may be an issue with a pole barn in this community among the eight homeowners that currently live in this area. Wilson stated they do not want to have other property owners constructing similar pole barns if the Council approves this application and that they moved to this area because of the rural nature. Sansevere inquired whether the bylaws specifically prohibit pole barns. Schoon indicated he could leave a copy of the bylaws with the Council, but that this type of construction is up to the discretion of the three person architectural committee. Murphy noted the applicant did agree to meet with the homeowners association. PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. ( #04 -3048 Steven and Kathleen Persian, Continued) • Persian stated his goal is to have the Council support the recommendation of the Planning Commission and that his next step would be to turn over his plans to the architecture committee of the homeowners association. Persian stated he has some concerns over the lack of consistency of this particular committee being in place but that is an issue for the homeowners association to deal with. Sansevere inquired whether the location suggested by Council Member McMillan would work on this property. Persian stated the location suggested would need to be accessed through approximately 150 trees. Sansevere stated he has seen the property and that the proposed location of the structure does not appear to be a front yard. Sansevere stated he would be willing to go along with what Counsel Barrett has suggested. Persian stated it is their goal and intention to meet the architecture committee's recommendation. Sansevere inquired whether the applicant would be opposed to tabling this to allow him time to meet with the committee. Persian indicated he is not opposed to tabling this, but that he would prefer to go forward with the recommendation of the City Attorney. White stated he would like to see the plans prior to approval since the size of the structure has changed • dramatically. Murphy stated given the changes to the proposed structure and the covenants of the homeowners association, he would prefer proceeding with Mr. Barrett's suggestion as well as give the architectural committee an opportunity to look at the proposed structure. McMillan inquired about alternate sites. Sansevere stated he does not have a problem with the proposed location based upon his review of the lot. Sansevere stated he is in favor of Mr. Barrett's suggestion, with approval being contingent upon the applicant providing an opinion letter. Sansevere noted the applicant has indicated he is willing to meet with the architecture committee. Murphy inquired what the size of the new building would be. Gundlach stated the new building is proposed to be 30 by 40. Murphy inquired what the setbacks would be. Gundlach stated originally with the larger structure they would have been 40 feet from the edge of the undeveloped right -of -way, which is 30 feet wide, but with the size of the building being reduced, they would be at least 44 feet from the edge of the undeveloped right -of -way and would be able to meet the • PAGE 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. ( #04 -3048 Steven and Kathleen Persian, Continued) 30' north side yard setback. Gundlach indicated they are still nonconforming by approximately 36 feet with the front yard setback. Murphy noted the structure is clearly out of line in that location no matter what the size of the structure. White inquired how the front lot line was arrived at for this lot. Gaffron stated from a policy standpoint for the last 15 to 20 years the City has been defining average setbacks and setbacks parallel to the front lot line, not parallel to the house. Persian stated the proposed location does not appear to be the front yard. Barrett stated he could also get the consent of the architectural committee rather than an opinion of counsel. Persian stated it is his intention to have the homeowners association be comfortable with his proposal and that he is willing to work with the committee to arrive at a solution. Sansevere moved, Murphy seconded, to approve Application #04 -3048, Steven and Kathleen Persian, 1005 Hunt Farm Road, the granting of a variance to permit the proposed storage shed to • be located nearer the front or street lot line than the principal building, with the condition that the Persians submit to the City either a legal opinion that the covenants of the homeowners association are being complied with or submit written approval from the homeowners association for construction of the structure, with the understanding the size of the proposed structure will be no larger than 1200 square foot. • McMillan inquired whether a second building would be constructed in the northwest corner. Persian stated he is willing to agree to the condition that they will not construct another structure outside of the ones that are currently on this property. Sansevere stated in his opinion that type of condition is not necessary by the City since the homeowners association would take care of that. Sansevere stated he still has to get the approval of the homeowners association for any other structure, with any new property owner also needing to get the same approval. Gaffron indicated because the applicant is limiting the square footage to what is legally allowed, that it may not be appropriate to limit him further based upon a location issue for this structure. Murphy stated he would like to see the homeowners association and the Persians be able to arrive at an agreement. VOTE: Ayes 3, Nays 1, McMillan opposed. McMillan indicated she feels there are other ways to reduce the visual impact of this building and that the building could be relocated rather than encroaching into the front yard setback. PAGE 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. MAYOR/COUNCIL REPORT Sansevere noted Maggie Knutson was one of 100 people in the United States to receive the Milken Educator Award, which is a tribute to the City. Murphy recommended a written resolution be drafted and adopted by the City. McMillan noted she has recently viewed the NURP pond in the area of Culver's and Snyder's and that a huge section of the wooden railing is missing and has fallen into the pond along with a bunch of other debris. McMillan stated the railing in this area is very deteriorated and poses a safety hazard, noting there is a large drop -off down to the pond. McMillan indicated there is also some erosion going on in this area. PUBLIC SERVICE DIRECTOR'S REPORT *5. ACCEPT QUOTATION FOR GARDEN LANE SEWER PROJECT Sansevere moved, McMillan seconded, to accept the quotation from GL Contracting, Medina, Minnesota, in the amount of $25,757.98 for the 1220 Garden Court Sewer project to be funded from the Sewer Fund with approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 4, Nays 0 *6. BASEBALL FIELD TRAIL CHANGE ORDER NO. 1 0 Sansevere moved, McMillan seconded, to approve Change Order No. 1, Lee Carlson Baseball Field Trail Project, for DMJ Contracting, Medina, Minnesota, in the amount of $5,500.00, to be funded from the 2004 Municipal State Aid Fund Budget with approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 4, Nays 0 *7. ACCEPT QUOTATION FOR 3422 LYRIC AVENUE HOUSE DEMOLITION Sansevere moved, McMillan seconded, to accept the quotation from Green Acres Tree Service, Maple Plain, Minnesota, in the amount of $9,000 for the 3422 Lyric Avenue house demolition project, to be funded from the Park Dedication Fund with approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 4, Nays 0 8. STONEBAY DEVELOPMENT PARK DEDICATION FEE CREDIT Sansevere inquired whether $175, 500 is the total that has been collected thus far. Gappa stated that is correct and that phase two has not yet been collected. Sansevere inquired where the money was allocated. • PAGE 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. • (Stonebay Development, Continued) Gappa stated there was a deficit in the Park Commission Fund but that any surplus has been applied to the purchase of the property next to the Navarre Park. Gappa indicated the next stage of Stonebay is similar to the first phase, with approximately the same amount of park fees being owed. Murphy inquired whether the developer has agreed to pay the $28,000 in fees owed to Bonestroo. Gappa stated multiple conversations have been had with the developer, with the developer being informed that the City inspector will be on the site if the developer is not properly overseeing the project. Gappa noted there is a long punch list of items that still need to be corrected. Gappa stated the developer is probably not aware of the $28,000 bill at this time. Murphy inquired what the current status of the project is. Gaffron stated he has spoken with the developer recently over some proposed changes to the buildings and that he expects the developer to be able to perform on those changes. Gaffron stated the developer would be appearing before the Planning Commission in December concerning the lofts being proposed but that he is not totally aware of their financial situation. Gaffron indicated he is not sure whether the City will be reimbursed in a timely fashion. Gaffron stated a certain amount would be withheld from their letter of credit if the City is not reimbursed. Murphy inquired whether the developer would owe the City money by the end of the year if this trend iscontinues and the letter of credit is used up. r� U Gappa stated the City is also covered by an escrow. White noted the trail in this area, once it reaches Willow, could be extended to the next neighborhood. Sansevere inquired whether Landform is adequately performing their role in this development, noting that there are a number of staff hours that are also being incurred on this project. Gappa stated the City would not have had to spend as many hours on this project if the work had been properly performed the first time. Barrett stated he is unsure whether the developer agreements allow the City to offset one claim against another and that he is uncertain whether the developer has a contractual duty under the developer agreements to pay the City for the hours. Sansevere moved, White seconded, to approve a Park Dedication fee reimbursement of $34,125 to Dahlstrom Development to be funded from the Park Fund and approval of a budget adjustment for the 2004 Park Fund budget to reflect this expenditure. VOTE: Ayes 4, Nays 0 Murphy moved, McMillan seconded, to approve a temporary loan from the General Fund to the Park Fund to cover the $34,125 expenditure with repayment of this loan to be as soon as possible from future Park Dedication Fees. VOTE: Ayes 4, Nays 0 PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. (Stonebay Development, Continued) McMillan moved, Murphy seconded, to authorize collection of $28,013 in outstanding reimbursable professional services from Dahlstrom Development through a reduction of the $34,125 Park Dedication Fee credit due to the developer. The $6,112 fee credit balance to be applied to future professional service fees incurred by the City for the Stonebay Development project. VOTE: Ayes 4, Nays 0 Murphy stated since the City is going to be in a relationship with this developer for the next several years, he would like the relationship to not become adversarial. Murphy inquired how the developer would be notified of the City's action. Gappa stated a letter has been sent to the developer requesting the fees. Gappa stated the developer is getting the full credit for the park dedication fees. Gappa stated another letter would be sent to the developer explaining the action of the Council tonight but that prior notice was not given to the developer since this was a routine billing matter. Sansevere requested Staff give the developer notice if any items relating to this development appear on the Council agenda in the future. CITY ADMINISTRATOR'S REPORT 9. APPOINT PARK COMMISSION MEMBERS McMillan moved, Murphy seconded, to appoint Jeff Soderstrom to fill the unexpired term on the Parks Commission expiring on December 31, 2005. VOTE: Ayes 4, Nays 0 White moved to table action on appointing someone to fill the upcoming vacancy on the Parks Commission. Motion died for lack of a second. McMillan moved, Sansevere seconded, to appoint Charles Krogness to fill the upcoming vacancy on the Parks Commission beginning January 1, 2005, and expiring on December 31, 2007. VOTE: Ayes 4, Nays 0 10. APPOINT PLANNING COMMISSION MEMBER McMillan moved, Murphy seconded, to appoint Travis Winkey to fill an unexpired term on the Planning Commission expiring on March 31, 2005. VOTE: Ayes 4, Nays 0 *11. ESTABLISH ABSENTEE BALLOT BOARD —RESOLUTION NO. 5234 Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5234, a Resolution establishing an absentee ballot board composed of at least two election judges of different political parties appointed by the City Clerk, with absentee ballot board members compensated at the same rate as election judges, which is currently $7.00 or $7.50 for head judges. VOTE: Ayes 4, Nays 0 PAGE 16 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. *12. TEMPORARY, PARK -TIME CLERICAL EMPLOYEE TO ASSIST WITH ELECTION DUTIES Sansevere moved, McMillan seconded, to approve the hiring of a temporary, part -time clerical employee for no more than 60 hours, at a pay rate of $10.00 per hour, effective October 7 through November 2, 2004. VOTE: Ayes 4, Nays 0 *13. PROMOTION OF JIM CORNICK TO SERGEANT Sansevere moved, McMillan seconded, to approve the promotion of Jim Cornick to the position of sergeant, effective October 11, 2004, at a pay rate of $29.77 per hour. VOTE: Ayes 4, Nays 0 *14. TEMPORARY OUT OF CLASS SERGEANT POSITION Sansevere moved, McMillan seconded, to create a temporary "working out of class" position of sergeant at the 2005 entry level sergeant rate, or a rate 5% above the assigned officer's current rate, whichever is greater, for a period of one year beginning January 3, 2005. VOTE: Ayes 4, Nays 0 • *15. FILL VACANT PART -TIME COMMUNITY SERVICE OFFICER POSITION • Sansevere moved, McMillan seconded, to approve the hiring of part -time Community Service Officer David Kliszcz at the beginning pay rate of $11.00 beginning October 11, 2004. VOTE: Ayes 4, Nays 0 *16. LETTER OF INTENT TO PURCHASE REPLACEMENT SQUAD CARS Sansevere moved, McMillan seconded, to approve the sending of the needed Letter of Intent to purchase police department cars. VOTE: Ayes 4, Nays 0 *17. SALE OF SURPLUS VEHICLES Sansevere moved, McMillan seconded, to approve the sale of the DWI forfeiture vehicles consisting of a 1996 Chevrolet Blazer, 1995 Dodge Caravan, 1991 Chevrolet Beretta, and a 1995 Jeep Wrangler, as titles are received, with sale proceeds being transferred into appropriate city accounts. VOTE: Ayes 4, Nays 0 PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 11, 2004 7:00 o'clock p.m. *18. REQUEST AUTHORIZATION TO IMPLEMENT SAFE AND SOBER PROGRAM — RESOLUTION NO. 5235 Sansevere moved, McMillan seconded, to approve participation in the Safe and Sober Program by the Orono Police Department. VOTE: Ayes 4, Nays 0 Sansevere moved, McMillan seconded, to approve RESOLUTION NO. 5235, a Resolution Authorizing Execution of Agreement with the Minnesota Department of Public Safety. VOTE: Ayes 4, Nays 0 CITY ATTORNEY'S REPORT Barrett indicated he has nothing to report. Murphy inquired whether there is any news regarding the Demuth matter. Barrett stated the matter is still being handled administratively and that the initial offer has not been accepted by the city. Barrett indicated it is his understanding the City Administrator will continue to handle this matter. Murphy stated he has reviewed the plans of the City's forester and has spoken with Ron Moorse and Clark Jenney concerning this matter. Murphy stated it is his understanding Mr. Demuth has been visited by both mayoral candidates for Long Lake and that Demuth has indicated he would like to get the issue resolved as quickly as possible. • Barrett stated the City is attempting to get a handle on the situation. *19. LICENSES None *20. BILLS Sansevere moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0 ADJOURNMENT Murphy moved, Sansevere seconded, to adjourn the Orono City Council meeting of October 11, 2004, at 9:09 p.m. VOTE: Ayes 4, Nays 0 ATTEST: Linda S. Vee, City Clerk PAGE 18 bv%- W White, Acting Mayor •