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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 28, 2008 7:00 o’clock p.m. _____________________________________________________________________________________ (3. #08-3351 BARRY TANNER ON BEHALF OF BROOK INVESTMENT, B-1 ZONING DISTRICT, Continued) Murphy expressed some concerns regarding the creation of a commercial recreation ordinance and its impact to the city. Murphy noted this process was started by the application of Mr. Tanner to open a bowling center. Murphy commented the language in the ordinance is very broad and it may be unclear exactly what will be allowed and what will not be allowed. Murphy asked if the zoning code amendment would also be approved if the Council votes to adopt the ordinance. White and Gaffron stated it would be. Gaffron noted the applicant would still need to go through the conditional use process that would deal specifically with his site. Murphy stated he would like the record to be clear that by passing this ordinance, it does not approve Mr. Tanner’s particular application concerning the bowling alley. Murphy asked whether Mr. Tanner would be operating the bowling alley personally. Tanner indicated that while he would be involved in the management of the business he would not be there on a day-to-day basis and would rely on his employees in the operation of the facility. Murphy asked what Mr. Tanner normally does. Tanner stated he is in the real estate business and is leasing the space necessary to operate the bowling alley. Bremer commented that in her opinion the ordinance is well drafted and includes the changes that she thought were necessary. Bremer asked whether the applicant is clear that he still has to go through the conditional use permit process. Tanner indicated he is aware of that requirement. McMillan stated her initial concern was the impact on the parking and the noise that might be generated from patrons coming and going from the facility. McMillan noted the B-1 zoning districts are small and that the conditional use permit process will allow the City to place additional restrictions on the bowling center and that the City could benefit from these types of recreational opportunities. White stated as it relates to the ordinance, he shares some of Council Member Murphy’s concerns, but that the protections built into the ordinance appear adequate. White noted the City does not have large sites available for commercial recreation, which will help control the types of commercial recreation that would be able to operate in the City. Bremer moved, McMillan seconded, to adopt ORDINANCE NO. 47, Third Series, an Ordinance Amending the Orono City Code to Provide for Commercial Recreation Uses in the B-1 Zoning District. VOTE: Ayes 3, Nays 1, Murphy Opposed. PAGE 2 of 7 Item #02 - CC Agenda - 08/11/08 Approval of Council Minutes 07/28/08 [Page 2 of 7]