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HomeMy WebLinkAbout03-22-2004 Council Minutesy , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. • ROLL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council members Jim White, Jim Murphy, and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Janice Gundlach, City Engineer Tom Kellogg, and Recorder Joan Ellis. Council member Lili McMillan was absent. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve /Amend The following items were included in the Consent Agenda: # 5, 6, 7, 9, 12, 13, 14, 15, 17, 18, 19, 22, and 23. Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. • PRESENTATION • 2. GABRIEL JABBOUR AND PETER JOHNSON - DAKOTA RAIL CORRIDOR UPDATE Mr. Jabbour stated the city's long -term objective of obtaining a trail transportation corridor presently known as the Dakota line is closer today than three weeks ago. The Surface Transportation Board ruled approving the rail authority might abandon the freight rail use on the Dakota line, with one minor issue Mr. Johnson will address. Mr. Johnson stated the Surface Transportation Board granted an exemption for the entire line for trail use, and provided for a negotiation period of six months on the Carver County portion to take care of the trail use condition. Rail America is free to remove the tracks and controls as long as they comply with all the regulations and deal with the watershed issues. Johnson is sure that it will take six months for Carver and Hennepin counties to resolve issues and as soon as resolution is finalized the exemption is final. If they don't resolve their issues in six months, then it is also final. The exemption is just a six -month extension and is self - terminating. Sansevere asked what the issue is between the counties. Johnson responded that there are selected land granted parcels along the railway in Carver County and the county has asked to keep the trail in tact and so they have asked for time to pursue this issue through a trail use condition. PAGE 1 of 23 MINUTES OF THE , �1 1 ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (2. GABRIEL JABBOUR PRESENTATION - DAKOTA RAIL CORRIDOR UPDATE, continued) Moorse stated that Rail America has six months to remove those tracks. If they don't get this accomplished in six months, then the county can move ahead on its own. Jabbour stated that at the time Johnson was negotiating, there was $385,000 value on the tracks. Now, steel prices have risen four to five times its original value so the likelihood of Rail America leaving the tracks down longer than necessary is slim. Three Rivers Park District is posturing because they would like to get a 50 -100 year lease and the Hennepin rail authority would like to give a 160 -day lease. Johnson added there are alternate funding mechanisms if the Park District can't get a long -term lease. Jabbour stated the next step is to meet with the Three Rivers Park District. Murphy stated that since there was such a large Navarre audience this evening that Jabbour could talk about the trail impact to residents. Jabbour told the residents this trail would be a major asset to the community offering walking and biking access to Wayzata and all the way to Hutchinson with many points of the trail going over water and through woods. Jabbour added that the former mayor of Minnetrista has gifted 400 acres of woods as a preserve along the trail. Sansevere stated that the trail would be a positive impact on home values. Jabbour also • commented that the mayors from Hutchinson all the way to Wayzata are supportive of this trail except for our sister city Minnetonka Beach. Jabbour then handed copies of a part of Minnetonka Beach's minutes and results of their own survey to council members. Jabbour continued by saying that he is continuing to try and work with Minnetonka Beach. He also indicated that from the survey it appears that a large majority of respondents are in favor of the trail. Mayor Peterson added that not only will Navarre benefit from the trail but also with the proximity of the trail going through Crystal Bay as well it will be a major asset for that area with the smaller lots. Jabbour stated that the council should note the former mayor of Minnetonka Beach, Bob Abdo, asked the City of Minnetonka Beach to change their attitude and the way they operate and to be part of the solution. Sansevere gave Jabbour and Peterson a large thank you for all the work they have done on this project. Jabbour added that on another issue, MNDOT accepted our settlement regarding the Lurton property and they are working on the second parcel, and that city staff did a phenomenal job. is PAGE 2 of 23 LJ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (2. GABRIEL JABBOUR PRESENTATION - DAKOTA RAIL CORRIDOR UPDATE, continued) Mayor Peterson agreed and stated staff doesn't realize how much council appreciates them, especially Gaffron. HEARINGS — 7:00 p.m. 3. WEST FARM (HOMESTEAD) SANITARY SEWER PROJECT ASSESSMENT HEARING — RESOLUTION NO. 5132 AND 5133 Mayor Peterson opened the public assessment hearing at 7:20 p.m. and asked the Recorder if the Affidavit for Publication has been completed. The Recorder responded affirmatively. City Administrator, Ron Moorse said this is an assessment hearing that is now being held because the city has moved forward after the initial public hearing where the neighborhood indicated a level of support for the project. Bids have been received so that a cost could be obtained for the neighborhood. This is an opportunity for the city to share that information with the neighborhood and then they can indicate whether they will accept the assessment amount or wish to appeal it. • Mayor Peterson asked if there were any neighbors in the audience for this project. Mr. And Mrs. Schultze, 744 Brown Road North, were present and asked what was the start date and to identify the location of the curb stop and where the connection will be prior to construction. • Tom Kellogg, City Engineer, stated that provided there are no appeals, the next step is to generate the contracts, get them signed and have an agreement. Previously, the costs were estimated substantially higher than when the actual bids came in. Two reasons for that: 1) the city gave them a bigger window to complete the project; and 2) gave the contractor an opportunity to bid in the winter when work is slower. Start date is dependent on when weight restrictions are removed and completion date is scheduled for July 1, 2004. In regards to Mr. Schultze's second question about the location of the curb stop and where is the location of the connection, discussions will be held with each homeowner prior to start of construction to locate the curb stops and service locations where the homeowner wants them. Moorse asked Kellogg to explain about the grinder pump and how that all works as far as costs and the local private connection. Kellogg indicated the system is a low- pressure system. It is small diameter force main that will be installed along the road. It will be directionally drilled so there will be minimal disturbance although there will be a couple of spots where it will have to be dug up. The PAGE 3 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (3. WEST FARM HOMESTEAD SANITARYSEWER PROJECT PUBLIC HEARING, • continued) project ends at the homeowner's property line where there will be a curb stop and a shutoff, like you have on your water system, and that is what your assessment covers. From that point, the homeowner's responsibility is to hire a plumber to install a line from the property line to the home, dig and sink a grinder pump, a can system of typically a two -foot diameter tub usually, and finally some electrical work of wiring to the pump will need to be done. Installed prices typically are somewhere in the range of $8,000 to $10,000. The homeowner is then responsible for the ownership and maintenance of the grinder pump from this point forward. Mayor Peterson closed the public assessment hearing at 7:25 p.m. White moved, Murphy seconded a motion to adopt Resolution No. 5132 adopting the proposed assessment roll for the West Farm (Homestead) Sanitary Sewer Project. VOTE: Ayes 4; Nays 0. Murphy moved, Mayor Peterson seconded a motion to adopt Resolution No. 5133 accepting the quotation from Red Pederson Utilities, Hopkins Minnesota in the amount of $34, 914.50 for the West Farm (Homestead) Sanitary Sewer Project. VOTE: Ayes 4, Nays 0. 3. ON SALE LIQUOR LICENSE PUBLIC HEARING — PAUL ODE AT 3435 • SHORELINE DRIVE (NAVARRE LANES) Mayor Peterson asked how many of the audience members were from the Navarre area. A large number of the audience was from Navarre. Mayor Peterson then stated she would like to see all of them at the dedication of the new fire department on Saturday, March 27, 2004. Mayor Peterson asked if the Affidavit of Publication had been satisfied. The Recorder responded affirmatively. Moorse explained the purpose of the public hearing stating Mr. Paul Ode has applied for an on -sale liquor license for the property at 3425 Shoreline Drive. The liquor license is proposed to be one element of a pizza restaurant and bowling alley concept in the lower level of the "Keaveny" building. The on -sale liquor license application requires a public hearing to provide an opportunity for the public to ask questions and provide comments regarding the application. The suggested Order of Business is: 1. presentation by staff 2. presentation by the applicant PAGE 4 of 23 1] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. • (4. ON SALE LIQUOR LICENSE PUBLIC HEARING - PAUL ODE - NAVARRE LANES continued) 3. open the public hearing 4. receive questions and comments from the public 5. close the public hearing 6. Council deliberation The City's authority and concern in its review of the liquor license application is the protection of the public health, safety and welfare. The City's review of the application has addressed this concern in two ways. One is through a background investigation of the applicant for the liquor license. The second is through a review of the impacts on the area properties of granting the on -sale liquor license. The Police Department has conducted a background investigation of the applicant. Based on the result of the investigation, the Police Department is recommending denial of the liquor license. A memo from the Police Chief regarding the recommendation was attached in the Council packet. The key issue in the review of the impacts on the area properties of granting the on -sale liquor license is the proximity to, and orientation of the entrance and parking toward, the adjacent low- density residential development. Moorse showed the Council maps made part is of the public record showing the relationship of the building and parking lot to the adjacent neighborhood. U The bowling alley is a use that, in itself, can produce a level of traffic, noise, and activity that is not ideal adjacent to low- density residential development. The addition of on -sale liquor to this equation creates a new level of potential impacts and concerns. On -sale liquor brings the potential for increased noise, traffic and safety concerns, and activities that are incompatible with low- density residential development. Staff is recommending denial of the on -sale liquor application based on the denial recommendation from the Police Chief, and based on the potential for increased noise, traffic and safety concerns, and activities that are incompatible with low- density residential development. Attorney Tom Barrett stated that, in addition to staff's recommendations, that the City ordinances, Section 34.68 make it unlawful to make a false statement or willful omission on any application form and that the consequence of that is an automatic refusal of any application for license. Chief Good and Sergeant Erickson were asked by Council to give them background on their investigation. Chief Good read their memo of March 19, 2004 regarding results of the investigation into the public record. PAGE 5 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING — PA UL ODE — NA VARRE LANES continued) Mr. Paul Norman Ode, 5040 Janet Road, Mound, MN. stated he had a few statements to make. He continued by saying when he picked up his application for the license he reviewed it in the office with City Clerk Lin Vee. Then he left to fill it out and returned to the City and the City Clerk with questions and at that time she informed Ode that this was the first time Orono had processed an application for this type of liquor license. He stated she took the application and stated that if there were any questions the City would get back to him. He said that he didn't think traffic related reviews were to be reviewed in the application because he knew it would be reviewed and didn't think he had concealed that fact. In regard to late items, he stated he provided them as quickly as they could be received and provided to the City. The moment he was aware that they wanted bank information he requested it immediately within a day or two but at least ten days or so before the hearing. He got a confirmation from the insurance company that the insurance information would be provided but they were not able to send the Certificate of Insurance, but they had all the confirmations in the paperwork. • Mr. Ode feels he got off on the wrong foot from day one. He continued that he feels the location is an opportunity to make some changes and said the bowling alley hasn't changed for 50 years and has functioned as a "set -ups" liquor establishment. He wants to improve the property by adding a restaurant and offer liquor to the patrons. Mr. Ode asked what the City would permit in this location. He also stated he can step down • as license holder, but would like to see the project go on and feels it would be a successful project and serve the community well. It is a very small lounge and bowling alley. It is expected that the area would hold 45 people between the restaurant and providing seats in the bowling area. He would like the site to be a community unit where families can come and enjoy something to eat and a game and a cocktail. Attorney Barrett again stated that the purpose of the public hearing this evening is the application for the liquor license and the Council should make a record tonight in regard to the application and does not necessarily involve the question of the restaurant or other things that may be separately addressed with the Planning Commission. Sansevere stated to Mr. Ode he was confused because when he came before the Council before the first of the year or thereabouts, he told the Council he had to have a 3.2 liquor license to open by January 1, 2004 because of deadlines. Because of the urgency, the Council did something unprecedented by acting on it in a work session because he absolutely had to have the 3.2 license and the site is still not open. Sansevere added that now he is coming to Council requesting a full liquor license and does not understand what the motivation was in asking for a 3.2 and then coming back for a full license. Sansevere asked if this was a way to receive a little and then push for the full license and why the establishment isn't open? • PAGE 6 of 23 17_� fful4li m•tels [ ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING — PAUL ODE — NA VARRE LANES continued) Mr. Ode explained that it was due to the timing of when the license actually came and the work that was being done. Because of the other factors involved he wasn't able to open until around February totally missing the bowling leagues and any opportunity to participate in that area. Sansevere asked Mr. Ode why the urgency. Mr. Ode indicated he thought that if he could get open before the first of January it would be an opportunity to move forward at that time, but there was no way to get it done. He continued by saying the information that he discovered and found later relative to what was necessary to have a successful bowling alley indicated that a full liquor license would be necessary. Mayor Peterson indicated that legal counsel has stated that this is strictly for a liquor license public hearing, and opened the public hearing at 7:55 p.m. Sansevere asked Chief Good if there is a lot of room for "gray area" on the application -if a person has been convicted is it clear you have been convicted and if you have been arrested is it clear you have been arrested regardless of the traffic arrest or any type of arrest. Chief Good responded that she does not know how she could make it any clearer. • Phyllis O'Malley, 2740 Kelly Avenue, resident of 45 years, moved to Navarre from Long Island, NY because of the tranquil, free from major industry, good education for children, safety, low or no crime and reasonable traffic. Except for the number of residences increasing and level of traffic everything else has pretty much remained the same. She stated that she believes that Navarre is a bedroom community. Mrs. O'Malley believes the full liquor license and restaurant will generate more traffic and noise and a possibility that because Kelly Avenue is a shortcut from County Road 15 to County Road 19, that it will be a safety issue for children due to increased traffic and speed. n LJ David Hardin, 2515 Kelly Avenue, resident of 10 years, is against the restaurant/bar because of the exit onto Kelly, a residential street, and the resulting traffic issues and significant noise. When you drive into Orono and see the beautiful Navarre sign and drive into this restaurant and see the Caution Children sign and then the bar sign right next to each other sets a bad image for Navarre and Orono. He stated that another bar /restaurant already exists and Navarre doesn't need another so close to the lake, close to other homes with entrance and exit difficulty, and with parking inadequate for what is proposed. Jim and Sue Schmidt, 2585 Kelly Avenue, resident since 1948, stated that since the Narrows bar opened there has been a huge increase in the amount of trash. Her husband just picked up 12 cans of beer on the side of the road on Kelly Avenue. They don't hear the noise PAGE 7 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING — PA UL ODE — NAVARRE LANES continued) because they are located up on the hill, but the exit and entrance onto Kelly Avenue will be used as a shortcut to County Road 15 and that is an added safety concern. Evonne Paige, 3493 Crystal Place, said within a 2 -3 mile radius, there are five liquor establishments — two in Navarre and three in Spring Park. Spring Park was all liquor establishments when she was growing up which was good for Spring Park in the summer. Now people use establishments all year round. For policing and for residents of all ages, she does not think we need another liquor establishment. Christin Hardin, 2515 Kelly Avenue, has a safety concern for her two small children and that since the Narrows has opened the traffic situation has gotten to be so bad that she had to call the police department to do a traffic study on Kelly Avenue. In one week there were 4,000 cars and she believes another bar will increase traffic and cause safety concerns. Sherry Volkmar, 2640 Kelly Avenue, resident of 12 years, stated the Narrows bar /restaurant has caused motorcycle noise at 1 -2 a.m., trash, and speeding has gotten excessive. Sylvia Bertagnoli, 2449 Kelly Avenue rose to speak. Mayor Peterson stated that her letter of March 14, 2004 would become a part of the public record. Mrs. Bertagnoli called over 100 people and can document 98 people she talked to and put the summation in the March 14 letter and all but two people are extremely opposed, three businesses are undecided and three businesses are in favor of the project. She also stated there would be a lot of people at this meeting except for spring break with children and people wintering in warm weather. Mrs. Bertagnoli had a long conversation with Rick Bloomberg, Rick's Super Value and his question was why do we need to have a bar. She asked the Council to ask Mr. Ode if he has applied for a pizza factory franchise as he said he was going to do and if that was a Minnesota or California franchise. Rick Edwards, 2480 Carmen Street, resident since 1955, and is 400 feet away from the bowling alley. Mr. Edwards believes one saloon in town is enough. In the winter time residents put up with the snowmobiles and they will find a way to cross your property, music, traffic, drunken driving. He also has counted 30 motorcycles in front of the Narrows at one time and Harley Davidson motorcycles are noisy. Sometimes they have to close their windows at night because of the music from the Narrows — they open their doors when it gets hot inside. He continued saying his neighbor who lives on the corner of County Road 15 and Carmen Street is selling his house because of the traffic and the safety concerns for family. Ward Edwards, 2474 Carmen Street, stated they built their home in 1990. He agrees with everything many of the people have already said. There is considerable noise from the PAGE 8 of 23 C. • • is MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING — PA UL ODE — NA VARRE LANES continued) Narrows and with windows open in the summer, there is no choice but to listen to motorcycle noise and drunken driving. Charles Nadler, 2509 Kelly Avenue, a resident since 1987 and located 351 feet from the property in question didn't receive notice because notices go out to people within 350 feet. What troubles Mr. Nadler is the left turn off of County Road 15 onto Kelly with a hidden intersection coming out of the bowling alley and it is easy to get hit at that intersection. In addition Mr. Nadler is concerned about the increased traffic. Austin Evans, 2907 Kelly Avenue stated that a lot of people spoke tonight plus 97% of others are opposed to this liquor license as cited by Ms. Bertagnoli. Mr. Evan reiterated parts of his letter of March 18, 2004. Mr. Evan's letter of March 18, 2004 and his attorney's letter of March 22, 2004 become a permanent part of the public record. There will be an increase in traffic, hardcover and parking. He is requesting the Council to partner with staff by denying application. He stated that the front door of the establishment will be as near to his front door as the space between second base to home base. Cars will be able to park as close to his house as the pitcher's mound is to home base and is concerned about the shutting of car doors and the loud, shouted goodbyes at 1:30 in the morning. He asked Council to deny the application. Mike Kellen, 2503 Kelly Avenue, resident over 20 years agrees with all residents that have previously spoken and requests the Council deny the application because of the background of the applicant and safety issues. Mike Keaveny represented the property owner which is his family. Mr. Keaveny grew up in his father's pharmacy 44 years ago and the family has owned the building since 1965. The Scherver family has run the bowling alley and in June 2004 they are planning to close the place. Mr. Ode is interested in operating the bowling alley and between Mr. Keaveny and Mr. Ode thought a restaurant and bowling alley would be a nice addition to the community for a family entertainment center. Mr. Ode thought it would be a good idea to offer someone an alcoholic beverage when they have their dinner. It is something 85% of all bowling alleys offer their clientele. It was not their intention to set anything up to be like the Narrows. It is designed to be a family entertainment center. Setups are offered now and there is no control over how much alcohol a patron consumes. If a full liquor license was instituted it would be easier to control consumption. Mr. Keaveny is interested in improving the looks of the neighborhood by fixing up this site. His father was ill for a long time and is no longer alive so it was difficult to keep up the site previously. Brad Hoyt, 2507 Kelly Avenue, a resident of 25 years. Mr. Hoyt stated he owns three Harleys and understands the noise can be very bad and the propensity to rev the engine increases logarithmically with the total amount of beers one has had. He stated they can't PAGE 9 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING — PAUL ODE — NA VARRE LANES continued) open windows in their home because of the band music bouncing off glass in the windows. Mr. Hoyt thanked Mayor Peterson for speaking with him over the weekend and apologized for disturbing her solitude. He doesn't believe this site is viable because of the intersection of County Road 15, the exit and entrance to the site and speeding down Kelly Avenue. He would like to know what the vision is for this building and the area. This building in question is a blight and the non - conforming use of the basement is no longer going to be in operation and is an opportunity to see what else can happen on the property going forward. Mr. Hoyt suggests that if the ordinances need to be changed, change them. You just can't grant variances without a hardship. There is no hardship here. Mr. Hoyt also stated he was the one person that called on the CUP after receiving the public notice. Also he stated there is a gravel driveway and the parking lot has never been improved. Mr. Hoyt said he is a real estate developer and suggested adopting a moratorium to study what needs to be placed at this site. There are now multi - million dollar homes in the immediate area of this site and attractive retail should be placed at this site and in the immediate area to serve the residents. Mayor Peterson closed the public hearing at 8:25 p.m. • Murphy thanked everyone that appeared tonight and stated that Council needs to restrict their discussion to the application before them tonight. To Mr. Ode he said that he always • seems to say it is someone else's problem and he is not prepared to support the application. The police department has put in long hours of work on this application, but his denial is not solely based on the applicant, but all the other pieces the staff and community have stated here tonight. Sansevere indicated he supports the residents in the neighborhood most closely associated with the project location in opposition. He quoted Mrs. O'Malley when she said Orono considers its residents first above projects and that is what this meeting is about. The public spoke out 13 to 1 (owner of building Keaveney in support) in opposition to the liquor application and one of the people that spoke had talked to 90 people in opposition by petition. Mr. Ode also submitted a letter dated March 17, 2004 from the Bowling Proprietors Association of Minnesota stating that a high percentage of bowling alleys now have liquor licenses, but Sansevere doesn't believe a large number of those establishments open up into a residential area. He also asked legal counsel what the Council can do to stop any future liquor licenses at this site and wants to move to rescind the 3 -2 liquor license currently in place based on the police report. Attorney Barrett said in respect to the first question the council's authority under state law provides that it may issue a liquor license within that language which is permissive. He • PAGE 10 of 23 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING — PA UL ODE — NA VARRE LANES continued) stated he has advised Council that they have the right to determine that other health and safety impacts may occur and that it's on that basis that the staff report talks about that there are impacts on the neighborhood and the traffic and would be a basis on which the Council could deny. With respect to the larger question on the use of the property, he has not recently heard a developer like Mr. Hoyt offer a moratorium, but at some point the City may wish to take a look at how that area is zoned and how it zones its liquor license applications. There is not currently a lot of zoning dealing with liquor licenses and the Council may wish to consider that. Finally, in regards to the 3.2 liquor license currently in place at this site, under state law at this time, it requires an independent hearing examiner be appointed and if the Council made a resolution for staff to prepare a Complaint or an effort to withdraw the 3.2 liquor license than it would be a requirement that the City identify and hire an independent hearing examiner, have a hearing in front of the examiner, and have a report come back to the City Council under which it could make a decision. Sansevere stated to Mr. Ode and Mr. Keavney that he would have no problem with the • bowling alley opening with a pizza factory or any kind of pizza. He continued by inquiring if the City has a requirement to prevent a liquor license being utilized at that site in the future. • Attorney Barrett stated he is not sure he knows the history of the setup liquor license and can't advise Council on that question at this time. White stated home is where the heart is and the community is where the home is and it is not surprising that all these people turned out this evening. He stated he couldn't think of a worse location to have a liquor license. He is opposed and agrees with the residents. White also said he is concerned about the application process indicating the City is very tough with residents that have a small amount of hardcover and we find out when we measure that the whole thing is a parking lot. We make them remove that hardcover. When an applicant comes in and signs a liquor license application and it is submitted to the Police Department and the application has obvious errors and falsehoods, then the City has a real problem. White would support getting a hearing examiner to look at this whole issue. We are tough on honesty. He is opposed to this application. Mayor Peterson indicated she is opposed to this application for a liquor license not only for the health, safety and welfare issues that have been brought up this evening but also because a full liquor license is not an appropriate use for that location. She stated she and Mr. Keavney are schoolmates and she bowled as a teenager at this bowling alley back in 1965 PAGE 11 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING — PA UL ODE — NA VARRE • LANES continued) when that was probably an appropriate use for this building when traffic and resident counts were low. Today she agrees with Mr. Hoyt that maybe something else needs to be placed at this site. She has an issue with the way the Navarre area has developed. There are many more families there than in 1965 and she can appreciate what Mr. Keavney's father had there at the time — it was a viable establishment. Moorse stated that if the motion were for denial he would suggest directing staff to prepare a Resolution of Denial and bring it back to the next meeting. Sansevere moved and White seconded a motion directing staff to prepare a Resolution of Denial and bring it back to the next meeting. VOTE: Ayes 4, Nays 0. Murphy moved and White seconded a resolution to engage a hearing examiner to open Mr. Ode's 3.2 liquor license. Attorney Barrett is in agreement with the motion. VOTE: Ayes 4, Nays 0. A break was taken from 8:30 to 8:47 p.m. APPROVAL OF MINUTES *5. Regular Council Meeting of March 8, 2004 • Murphy moved, Sansevere seconded, to approve the Minutes of March 8, 2004, as presented. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS Pauline Bouchard had left the meeting. PLANNING COMMISSION COMMENTS Jeanne Mabusth stated she was present to answer any questions Council may have. PUBLIC COMMENTS There were no comments. ZONING ADMINISTRATOR'S REPORT *6. #2587 KRIS RUDD ON BEHALF OF RICHARD RUDD, 4575 WAYZATA BOULEVARD — EXTENSION OF EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL — RESOLUTION NO. 5134 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5134 extending the effective period of final plat approval to July 31, 2006 for Richard Rudd and Kris Rudd for the property located at 4575 Wayzata Boulevard. VOTE: Ayes 4, Nays 0. • PAGE 12 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 • 7:00 o'clock p.m. *7. #03 -2928 MICHAEL MISCHKE, 1972 SHADYWOOD ROAD — VARIANCE — RESOLUTION NO. 5135 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5135 granting variances to allow construction of a detached garage and first floor level deck for the property located at 1972 Shadywood Road. VOTE: Ayes 4, Nays 0. 8. #03 -2962 ROBERT AND JOAN SWITZ,1740 SHADYWOOD ROAD, VARIANCE — RESOLUTION 5136 Mayor Peterson moved and Murphy seconded to adopt RESOLUTION NO. 5136 granting lot area and hardcover variances to allow construction of a new residence for the property located at 1740 Shadywood Road. Under discussion, Sansevere stated he would be consistent with his previous vote. VOTE: Ayes 3; Nays 1 (Sansevere) *9. #04 -2973 MINNETONKA CUSTOM HOMES, 4753 NORTH SHORE DRIVE — CONDITIONAL USE PERMIT — RESOLUTION NO. 5137 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5137 denying a conditional use permit to permit a retaining wall and grading within 5 feet of a • property boundary for the property located at 4753 North Shore Drive. VOTE: Ayes 4, Nays 0. 10. #04 -2976 JAMES AND JUDY PIERPONT,1801 WEST FARM ROAD — PLUMBING IN ACCESSORY STRUCTURES CUP — RESOLUTION NO. 5129 White moved and Sansevere seconded to adopt RESOLUTION NO. 5129 granting a conditional use permit to allow plumbing in an accessory structure for the property located at 1801 West Farm Road. VOTE: Ayes 3, Nays 1 (Murphy) Council moved Item 16 to precede Item 11. 16.2765 KELLEY PARKWAY — DENTAL OFFICE SIGN HEIGHT Dr. Carl Berg was present. McCarthy Construction has requested a sign permit for the dental office at 2765 Kelley Parkway to allow a larger sign than was previously approved. Summary of the approval and application is as follows: November 2002 Approval: Monument: 13' 4" wide x 12' high = 160 s. f. per side Sign Face: 8' wide x 8' 6" high = 68 s.f. per face • PAGE 13 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. • (16. 2765 KELLEYPARKWAY— DENTAL OFFICE SIGN HEIGHT continued) June 2003 Building Permit Staff Approval Monument: 13' wide x 12' 8" high = 165 s.f. per side Sign Face: 8' wide x 8' 6" high = 68 s.f. per face 2004 Sign Permit Application Monument: 13' wide x 13' 8" high = 178 s.f. per side Sign Face: 7.125' wide x 10' high = 71 s.f. per face The staff's concern is the height of the sign because it sets the tone for all other signage along Kelley Parkway. Monument signs are by design intended to be low to the ground, as opposed to pylon signs, which are by nature raised to a height for greater visibility. A monument at 12' or 12' 8" is already pushing the limit, in staff's opinion, especially for an office use. If this were retail, there would be a greater need for high visible signage. Staff also stated the Development Agreement provides for minor amendments to the approved plan and may be referred to the Development Review Committee, which consists of the Planning Director, Public Services Director and the City Planner. Sansevere stated that the low sign that staff is recommending is fine but the high one is above the roofline. Is Mayor Peterson stated she couldn't endorse the variance. She said it is a destination point and doesn't need a brightly lit sign. Murphy inquired if his business is by word -of -mouth and Dr. Berg responded affirmatively. White asked if the applicant is going to encase the steel posts with the nice pillar looking facade as on the inside and the applicant responded affirmatively. Applicant stated the City granted two signs. Tenant names can't be seen from the road on the current height sign and he doesn't feel the sign he wishes to place is too high. Murphy told the applicant he has resource against the developer/builder. Mayor Peterson said the Wayzata Medical Building sign doesn't list all the doctors on it and this is a medical facility. Applicant Berg also has had great difficulty with the Kelly Avenue versus Kelley Parkway address in dealing with the post office. They continually get the two addresses confused and it just hasn't worked well. • PAGE 14 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. • (16. 2765 KELLEY PARKWAY — DENTAL OFFICE SIGN HEIGHT continued) Gaffron stated that the address could be addressed. Berg responded that he could speak with his partners. Gaffron stated in staff's opinion the sign at 12' or 12' 8" is pushing the limit, especially for an office use. White suggested making the Orono Professional Center in smaller letters or putting on a lower sign and then the tenant names could be larger. Sansevere stated the sign exceeded and interrupted the roofline and it would be more visually pleasing if one -foot lower. Murphy stated the Council has gone a long way on previous issues related to this project. Applicant Berg also stated they went a long way. Murphy moved and Mayor Peterson moved to deny the application based on staff's recommendation that the sign not exceed the 12' 8" height approved with the building permit. VOTE: Ayes 4; Nays 0. • 11. #04 -2974 RELIANCE DEVELOPMENT CORP., HIGHWAY 12/WILLOW DRIVE (OUTLOT A, STONEBAY) — COMPREHENSIVE PLAN AMENDMENT • Gaffron explained Planning Commission tabled this item on February 17 pending a joint work session with the Long Lake Planning Commission, which was held on March 3. At that work session, the commissions exchanged information about current and pending activities along the Highway 12 corridor, and discussed whether rezoning of this site might impact redevelopment efforts in Long Lake. Each commissioner in attendance drew his/her own conclusions regarding that discussion. On February 17, Planning Commission also established a list of acceptable uses for the property if it is rezoned. The Planning Commission refined this on March 15. Murphy inquired what the list of uses meant. Gaffron responded by saying that when the property is rezoned there will be a list of allowed uses for this property and if any approved uses on the list become a drive -thru there would be CUP on the permit. On March 15, Planning Commission concentrated primarily on determining whether to recommend that the Comprehensive Plan be amended to re -guide the site to allow primarily retail uses, rather than the primarily office uses for which the site is currently guided. PAGE 15 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (11. #04 -2974 RELIANCE DEVELOPMENT CORP., HWY. 121WILLOW DRIVE OUTLOT A, STONEBAY, continued) -On a vote of 6 -1, the Planning Commission recommended that the Comprehensive Plan not be amended to convert from office to retail uses; - Indicated that if the CMP amendment and rezoning goes forward, they are in complete agreement with the concepts expressed in the March 1, 2004 letter authored by Gaffron; and -Noted that if the CMP amendment and rezoning goes forward, with a minor revision to make all "permitted uses with drive - thru's" a conditional use, they agree with the list of recommended allowed uses. Gaffron stated he included portions of the draft minutes of the Planning Commission meeting of March 15 for the Council to review their concerns and opinions. Staff recommends that if the goals and parameters of the March 1 letter are met that a primarily retail development would be appropriate for this site. Site plan reviews -to -date have not met these conditions. Staff and the developer need clear direction as to whether the Comprehensive Plan amendment has Council support. If Council confirms it will accept a CMP amendment to convert the site from office to retail if the parameters and goals of the March 1 letter can be met to the Council's satisfaction, the developer then can proceed with further plan revisions and work toward an approvable plan. • If Council grants conceptual approval, staff envisions the following steps: 1. Staff will, within the next 2 -3 weeks, draft text for an amendment of the CMP that incorporates the specific goals and parameters under which retail uses will be allowed for this site. 2. Once Planning Commission and Council have accepted the text, a formal Comp Plan Amendment application to the Metropolitan Council will be commenced. 3. An ordinance for rezoning the site to B -6 PUD incorporating the established parameters for development and allowed uses will be drafted for Planning Commission and Council action. 4. In the meantime, applicant will continue to work with staff to draft a plan that meets the goals, parameters and conditions established in the March 1 letter. There have been 22 plans and Planning Commission has not seen Plans 21 or 22. Sansevere asked Gaffron about how well the applicant has proceeded toward meeting the parameters of the March 1 letter. Gaffron responded they have finally come to a plan that changes the concept of moving the Walgreen's around and one retail building will house a bank and he said he hasn't seen Plans 22 or 23 yet. They have worked to have the westerly users of the site orient toward L' PAGE 16 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (11. #04 -2974 RELIANCE DEVELOPMENT CORP., HWY 121 WILLOW DRIVE OUTLOT A, STONEBAY, continued) the pond as an amenity. They provided a little bit better focus toward the center of the site opposed to totally focusing towards Highway 12. The traffic engineer hasn't looked at the circulation and parking issues yet. Gaffron still thinks there is potential for impact on the neighborhood but they understand the need for screening will be critical. The last plan Gaffron reviewed was not complete in many ways and could be changed in a number of ways. The key issue for Gaffron was that they went away from three separate uses, now we're down to two uses, a drive -thru issue usurping the west end amenity, a pond that sneaks through in- between the two halves of the building. He stated they are getting closer, but are not there yet. Plan 23 was introduced to staff and Council. Sansevere stated that as far as he is concerned the applicant would proceed further if they keep in mind Gaffron's recommendations. Plan 23 splits one retail building on the west to accommodate a drive - through between the buildings. • Murphy noted the changes to the Walgreen site and inquired how Walgreen's feels about the changes and will they do what is needed. CJ The applicant responded they have seen this plan and turning the building they can accept. This building now has less parking around their front door which they don't like, but getting a drive -thru on the east side may be more acceptable. Their primary response was that the applicant should come back to them after they have something that can be passed by the Council. CVS Pharmacy may have an interest, but are not being approached at this time. Murphy stated he likes what is being proposed and he is supporting the retail and pharmacy use, but is more concerned that the applicant understands the parameters in the March 1 letter and will take them seriously. Murphy further apologized to the applicant for the process. The applicant should never have come before Council until they had gone before the Planning Commission process and said if the applicant isn't one to give up, neither is he at this point. White agreed with what Murphy stated on the process. He stated the site plan is much better and agrees with Gaffron that it is coming along. White stated he is not opposed to making this site all commercial. PAGE 17 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (11. #04 -2974 RELIANCE DEVELOPMENT CORP., HWY 121WILLO WDRIVE • OUTLOT A, STONEBAY, continued) Applicant stated there is not a lot of interest from banks. They haven't given up yet and will try to incorporate. They have approached most of the restaurants growing in the metro area and they say the day population isn't big enough to support a restaurant. In addition, because of the bypass, traffic will be going down. Mayor Peterson took a poll of the Council that indicated all were in favor of moving forward toward a Comprehensive Plan amendment. She also indicated that one Planning Commission member was in favor of an amendment. Mabusth stated that she feels this application started off in the wrong place and that although she couldn't attend the meeting, the joint meeting with Long Lake was a great step forward and no one said they were against it. Mabusth stated she thinks it would be exciting to have a commercial development be in place for our neighboring community as they face re- development and believes there is a spirit to continue to work together with the Long Lake Planning Commission. White moved and Mayor Peterson seconded to grant conceptual approval for a Comprehensive Plan amendment to reflect the conditions in the March 1, 2004 letter. Discussion was opened and Moorse commented to clarify what the expectations are that: • 1) We don't want to say we are approving 30,000 square feet of retail. Instead we want to be more specific and he believes the pharmacy is key to this site and if the pharmacy is gone and we are just trying to fill up the space that is a different plan than is being talked about here. Gaffron stated that the City will establish parameters in the Comp Plan for development of this Outlot A that will include whatever conditions felt appropriate, whether this developer or any developer. Moorse responded to the applicant that we wouldn't amend the Comp Plan to simply say "retail ". We amend the Comp Plan to say it's fine to do retail in this area versus office as long as the retail serves the neighborhood and fits these parameters. One of the parameters Moorse suggests would be it has to be a pharmacy or something that provides the same type of service uses that a pharmacy provides. 2) Moorse continued to say that the other thing he would suggest is the far westerly space has to be food oriented if it is all going to be retail because if it's not then we have wasted that whole building. • PAGE 18 of 23 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (11. #04 -2974 RELIANCE DEVELOPMENT CORP., HWY 121WILLOW DRIVE, OUTLOT A, STONEBAY, continued) Applicant stated they have to get closer to the PUD using those parameters. Moorse stated it is not just the PUD, it is the Comp Plan Amendment language where the City would lay out those parameters so it is not a wide -open amendment. Gaffron stated to the applicant that the rezoning goes hand -in -hand with the PUD. Staff will begin drafting text for the amendment and begin to draft language for a zoning ordinance to reflect specific uses and bring it back to the Council on April 12, 2004. This item will come back to the Council at the April 12 meeting and then go to the Planning Commission for rezoning. Staff will continue to work with the applicant to resolve any outstanding issues. There was no further discussion. VOTE: AYES 4, NAYS 0. *12. #04 -2986 NATURAL ENVIRONMENTS CORP. ON BEHALF OF SHAWN • VAILLANT, 847 TONKAWA ROAD — CONDITIONAL USE PERMIT — RESOLUTION NO. 5138 is Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5138 granting a variance and conditional use permit for construction of a granite stair system, re- grading of slope and installation of low- glacial boulder walls for the property located at 847 Tonkawa Road. VOTE: Ayes 4, Nays 0. *13. #04 -2988 SEAN AND LEAH DALY, 605 PARK LANE — AFTER -THE -FACT VARIANCES — RESOLUTION NO. 5139 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5139 granting after - the -fact variances to allow construction of a deck for the property located at 605 Park Lane. VOTE: Ayes 4, Nays 0. *14. #04 -2990 PATRICK AND LORING KAVENEY,1444 BALDUR PARK ROAD — VARIANCES — RESOLUTION NO. 5140 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5140 granting variances to allow construction of a new single - family residence for the property located at 1444 Baldur Park Road. VOTE: Ayes 4, Nays 0. PAGE 19 of 23 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. *15. #04 -2991 PAT FLEMMING, 4760 NORTH ARM DRIVE WEST — VARIANCES — RESOLUTION NO. 5141 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5141 granting variances to allow construction of a detached garage in front of the principal structure for the property located at4760 North Arm Drive West. VOTE: Ayes 4, Nays 0. *17. MUNICIPAL FACILITIES JANITORIAL SERVICES CONTRACT Murphy moved, Sansevere seconded, to approve the cleaning services agreement from Coverall Cleaning Concepts effective May 1, 2004. VOTE: Ayes 4, Nays 0. *18. BID AWRD FOR EQUIPMENT CERTIFICATES —RESOLUTION NO. 5142 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5142 a Resolution Awarding the Sale of $208,000 General Obligation Equipment Certificates of Indebtedness, Series 2004, accepting the bid proposal of Anchor Bani, N.A., Wayzata, to purchase the certificates bearing an interest rate of 1.50% per annum at a bid price of par plus accrued interest, if any, to be dated April 12, 2004. VOTE: Ayes 4, Nays 0. *19. PAY REQUEST — NAVARRE FIRE STATION • Murphy moved, Sansevere seconded, to approve the request for payment in the amount • of $1,383.24 to BKV Group, to be funded from the Navarre Fire Station Construction Fund. VOTE: Ayes 4, Nays 0. Mayor Peterson placed Item 21 in front of Item 20 to accommodate the Chief of Police. 21. MEMORANDUM OF UNDERSTANDING BETWEEN THE PARTNERS IN PREVENTION COALITION AND THE CITY OF ORONO Moorse stated this item relates to re- starting the drug enforcement effort and Chief Good has been putting a lot of hours in trying to pull together a grant application to bring money to the city for this project. In case the grant is denied, the City may have to use some money out of the forfeiture fund, which came from the drug enforcement effort. Those forfeiture fund monies can only be used for drug enforcement so staff is asking the Council to give authorization that if the City pulls the program together but doesn't get the grant then monies, the forfeiture fund could be used to hire some part-time officers to fill shifts because a full -time officer will have to be pulled toward this effort. White thanked Chief Good for her effort. White moved and Murphy seconded a motion to approve a Memorandum of Understanding between the Partners in Prevention Coalition and the City of Orono (Option 2 of the Request for Council Action from Chief Good dated March 22, 2004). is PAGE 20 of 23 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. (21. MOU BETWEEN PARTNERS IN PREVENTION COALITION AND THE CITY OF ORONO continued) Barrett questioned the terms of the MOU and dates involved, but Moorse indicated to him that items can be conditions in the MOU. VOTE: Ayes: 4, Nays: 0. White moved and Sansevere seconded a motion to approve a 2004 budget adjustment to expend forfeiture funds to backfill one police officer position if necessary (Option 1 of the Request for Council Action from Chief Good dated March 22, 2004). VOTE: Ayes: 4; Nays 0. White moved and Mayor Peterson seconded a motion to approve a budget adjustment from the forfeiture fund. VOTE: Ayes: 4; Nays 0. 20.800 MHZ RADIOS FOR NAVARRE FIRE STATION Tony Roe, Fire Administrative Officer for the Long Lake Fire Department, has coordinated the purchase of 800 MHZ radios for the Navarre Fire Station. The total cost of the radios was $40,075.68. This included $35,879.44 for the radios and $4,196.24 for accessories such as microphones, chargers, headsets, etc. Tony was successful in obtaining a grant in the amount of $25,200 to fund the majority of the radio costs. The remaining costs are to be paid from the Navarre Fire Station Construction Fund. • Murphy stated he wants to commend Tony in the record for his hard work and because of his efforts he has saved the City approximately $40,000 on the cost of these radios. Murphy suggested that those in attendance at the fire station dedication approach Tony and thank him for his efforts on the City's behalf. Murphy continued that Roe has been at the new station all the time making sure everything is moving forward for months and months and has handled and resolved a lot of difficult situations. • Moorse stated that Tony has made sure the station is operational, meaning if he noticed something that wasn't going to work during construction, he made sure it got fixed or changed so that when the building was done it was ready to go. Murphy moved and Sansevere seconded a motion to approve the payment of invoices related to the 800 MHZ radios for the Navarre Fire Station in the amounts of $10,679.44 to the Metropolitan Radio Board, and $4,196.24 to Ancorn Communications, Inc., to be funded from the Navarre Fire Station Construction Fund. VOTE: Ayes: 4; Nays 0. Murphy asked Moorse if he knew what Long Lake did regarding the items discussed at the Long Lake fire advisory committee meeting. It isn't in the report anywhere — the pension, paying off the 2003 budget overage, etc. Moorse responded he believes he asked Steve Stahmers about these things and he doesn't think the Long Lake Council addressed them. PAGE 21 of 23 MINUTES OF THE , ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. MAYOR/COUNCIL REPORT There were no reports. CITY ATTORNEY'S REPORT There was no report. *22. LICENSES SPECIAL EVENT 1. Applicant: Gear West Event: April Fools Race — 5 Kilometer Foot Race Location: Start and finish at Holbrook Park, Long Lake. To cover Brown Road, Fox Street, Willow Drive and Grand Avenue. Parking for all runners will be at Gear West (1908 West Wayzata Boulevard). Date: April 4, 2004 Time: 8:20 a.m. — 9:30 a.m. • 2. Applicant: Boyer Building Corp. Event: 2004 Luxury Home Tour Location: 2530 Fox Street Date: June 11 -13, 18 -20, and 25 -27, 2004 Time: Noon — 7:00 p.m., Fridays, Saturdays and Sundays • RESIDENTIAL KENNEL LICENSE 1. David & Heidi Hust 45 Smith Avenue 2. Gayle Talbot 80 Luce Line Ridge Murphy moved, Sansevere seconded, to approve all licenses. VOTE: Ayes 4, Nays 0. *23. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. • PAGE 22 of 23 • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o'clock p.m. ADJOURNMENT Sansevere moved and Murphy seconded to adjourn the meeting at 9:46 p.m. VOTE: Ayes: 4; Nays: 0. ATTEST: ��- Y C. Linda S. Vee, City Clerk Barbara Peterson, Mayor PAGE 23 of 23