HomeMy WebLinkAbout01-12-2009 Council Minutes` MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 12, 2009
7:00 o'clock p.m.
ROLL
•
The Orono City Council met on the above mentioned date with the following members present: Mayor
James White, Council Members Lili McMillan, Cynthia Bremer, and Doug Franchot. Representing Staff
were City Administrator William Wells, Finance Director Ron Olson, Assistant City Administrator for
Long -Term Strategy Mike Gaffron, Zoning Coordinator Melanie Curtis, Planner Evelyn Turner, City
Engineer Tom Kellogg, City Clerk Lin Vee, and Recorder Jackie Young.
Mayor White called the meeting to order at 7:05 p.m., followed by the Pledge of Allegiance.
OATH OF OFFICE
The oath of office was administered to Mayor Jim White, Council Member Lili McMillan, and Council
Member Doug Franchot.
CONSENT AGENDA
Item Nos. 7 through 16 were added to the Consent Agenda.
Bremer moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
RECOGNITION
FORMER COUNCIL MEMBER DAVID RAHN — RESOLUTION NO. 5796
Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5796, a Resolution of
Appreciation to David Rahn for Distinguished Service as a Member of the Orono City Council.
VOTE: Ayes 4, Nays 0.
3. FORMER SPRING PARK MAYOR JERRY ROCKVAM — RESOLUTION NO. 5797
McMillan moved, Bremer seconded, to adopt RESOLUTION NO. 5797, a Resolution Recognizing
Former Spring Park Mayor Jerome Rockvam as a Valuable Partner with the City of Orono.
VOTE: Ayes 4, Nays 0.
PRESENTATION
4. SHERIFF STANEK
Rich Stanek, Hennepin County Sheriff, thanked the City for the successful relationship they have enjoyed
over the past years. Stanek indicated he came into office in January of 2007 and that he is making an
attempt to visit the local communities to introduce himself and to get feedback from the councils on how
their working relationship could be improved or other assistance that could be provided. Stanek stated
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MINUTES OF THE `
ORONO CITY COUNCIL MEETING
Monday, January 12, 2009
7:00 o'clock p.m.
(4. SHERIFF STANEK, Continued)
that Hennepin County provides regional crime lab services to the various communities, which is one of
three crime labs in the stale of Minnesota.
Stanek noted violent crime in Hennepin County has decreased by approximately 15 percent for each of
the past two years. Stanek stated crime typically goes down when law enforcement hours are increased
and that Hennepin County has created a violent crime task force to help address the various issues each of
the cities is facing, but that crime typically will increase in a bad economy.
Kip Carver, Hennepin County Water Patrol, provided an overview of the water patrol efforts this past
year on the area lakes. In 2008, volunteers donated 6273 working hours ranging from such things as
search and recovery of two drowning victims, assisting in the investigation of a fatal personal water craft
accident, assisting the airborne rescue team, and serving as members of sonar and underwater recovery
teams. Carver noted there were 76 boating while intoxicated arrests this past year, 31 thefts of watercraft
statewide in 2008, and a number of other violations that were responded to. Carver commented that
Lake Minnetonka received 35,048 hours of coverage in 2008 and that they are expecting 2009 to be
another busy year on the lake.
White thanked the Hennepin County Sheriff's Office for their fine work over the years. White noted the
City has experienced some vandalism on Big Island during the winter months, which has been
disheartening to the residents of the community.
Stanek stated the Sheriff's Office enjoys the working relationship they have with the Orono Police •
Department and that they will continue to look at ways to enhance the services they provide.
APPROVAL OF MINUTES
*5. REGULAR COUNCIL MEETING OF DECEMBER 8, 2008
Bremer moved, McMillan seconded, to approve the minutes of the Orono City Council meeting of
December 8, 2008, as submitted. VOTE: Ayes 4, Nays 0.
LMCD REPORT — ANDREW MCDERMOTT, REPRESENTATIVE
McDermott reported that the LMCD is experiencing some de -icing issues with Sailor's World on County
Road 15 and that their de -icing activities are extending beyond their boundaries. In addition, a vehicle
has fallen into the lake at one of the de -icing points. The LMCD is requiring that Sailor's World submit a
variance application for the de -icing activities. The LMCD has experienced problems in the past with
Sailor's World with improperly maintained equipment or de -icing activity going on outside their
boundaries.
McDermott reported that Save the Lake has given away six grants this year, including $2000 for
replacement and expansion of the solar lights on top of the buoys, and they are continuing to fund the
island program, Hennepin County's environmental services for no- anchor buoys, the sheriff's water patrol
for purchase of pumps, the Lake Minnetonka Association for the chemical treatment, and the Save the
Kids North Metro program. 0
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 12, 2009
7:00 o'clock p.m.
(LMCD REPORT, Continued)
McMillan asked whether LMA will be approaching the cities for money in 2009.
McDermott stated it is likely that they will but that he has not heard anything formally.
PLANNING COMMISSION COMMENTS — JON SCHWINGLER, REPRESENTATIVE
Schwingler stated he had nothing to report but would be available for questions.
#17. LICENSES AND PERMITS
Melanie DeLuca, Big Island Institute, addressed the City Council regarding the activities of the Big Island
Summer Institute that have been planned for 2009 and their license application. DeLuca stated the
students in the day camp typically spend four days on the island and participate in planned daily activities
each of those days for approximately four and a half hours a day rather than four. DeLuca requested their
application be amended to five hours rather than four hours.
McMillan moved, Franchot seconded, to amend the license permit to five hours from four hours for
the Orono Community Education, Big Island Institute Environmental Day Camp. VOTE: Ayes 4,
Nays 0.
• One Day Gambling — Resolution No. 5801
•
1. Orono PTO (raffle)
Winter Fun Fest — Orono Middle School
12:00 p.m. — 4:00 p.m.
Saturday, February 7, 2009
Liquor License — On Sale 3.2 Percent Malt Liquor
2. Lakeview Golf of Orono
405 North Arm Drive
3. Orono Golf Course
265 Orono Orchard Road South
SPECIAL EVENT
4. Applicant: Orono Community Education/Melanie DeLuca
Event: Big Island Institute (Environmental Day Camp)
Location: Big Island Park
Date: June 15 — August 20, 2009
Time: 10:00 A.M. — 3:00 p.m. Mondays — Thursdays
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 12, 2009
7:00 o'clock p.m. •
( #I7. LICENSES AND PERMITS, Continued)
5. Applicant: Streeter & Associates/Terry Killian
Event: 2009 Parade of Homes Remodeler Showcase
Location: 1185 Wyndmere Road
Date: April -3 — 5, 2009
Time: 1:00 p.m. — 7:00 p.m., Friday, Noon — 6:00 p.m. Saturday and Sunday
TOBACCO LICENSE
6. Big Island General Store
Jason Knacke
2160 Wayzata Boulevard West
McMillan moved, Franchot seconded, to approve the above listed licenses and adopt Resolution No.
5801 Approving the Minnesota Lawful Gambling Application for Exempt Permit of the Orono
PTO for a One Day Gambling Permit. VOTE: Ayes 4, Nays 0.
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR'S REPORT •
6. #08 -3381 BARRY TANNER, 3435 SHORELINE DRIVE — CONDITIONAL USE PERMIT
Barry Tanner, Applicant, and Dan Spah, Owner's Representative, were present.
Turner noted this application has been heard previously and that the applicant is requesting a conditional
use for a bowling center in the B -1 district.
Council tabled this item on November 10, 2008, and requested the following additional information:
1. An architectural plan of the rear wall of the building, including the side. The applicant has
provided a plan and depicts the maintenance work the Planning Commission recommended. Specific
paint colors are not listed. Staff is not concerned that the existing color scheme be maintained, only that
the colors not be gaudy.
2. An architectural floor plan of the interior of the business showing the bowling lanes and proposed
seating, pool tables, and areas to be devoted to kitchen, amusement devices, etc. A floor plan has been
provided, although it does not show a kitchen, pool tables, or games area. There would be table seating
for 32 people. An area about 11 feet wide and 50 feet long is unassigned. Staff is satisfied there is not
enough space to develop a restaurant that would attract its own clientele. The Building Official has
determined that since the space was a bowling alley before ADA was adopted, it is exempt from those
requirements.
Turner illustrated the proposed floor plan and location of the signage. •
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 12, 2009
. 7:00 o'clock p.m.
(6. #08 -3381 BARRY TANNER, 3435 SHORELINE DRIVE, Continued)
3. A site plan prepared by a surveyor or engineer showing existing and proposed parking spaces, the
location of the dumpster enclosure and stairs and the locations the two directional signs requested by the
Planning Commission. A site plan has been provided; although it does not show the dumpster enclosure
or stairs. It does show a proposed expansion of the building. This is a separate proposal. The Planning
Commission will review the concept on January 20 with Council consideration to follow. The plan
provides for 51 spaces in the lower parking area, seven more than the previously submitted plan. This is
accomplished by placing parking in front of the east garage. The code would require 60 parking spaces.
The upper portion of the building would require 55 parking spaces. A fully expanded upper parking area
without the proposed building expansion would have 59 parking spaces. The total would be five less than
required by code. There would be a location for a dumpster enclosure near the top of the stairs.
4. A lighting plan. Xcel changed the light fixtures in November but did not adhere to the plan. The
new fixtures still spill light into the adjacent townhouses. While the area where the driveway intersects
with Kelly Avenue is now illuminated, the west end of the parking lot is no longer illuminated.
Turner displayed illustrations of the directional signs.
The Planning Commission had recommended approval of the conditional use permit with a list of
conditions, as outlined in the Planner's Report dated January 12, 2009.
White asked whether a list of the proposed improvements has been submitted.
• Tanner stated he does not remember being requested to compile a list of proposed improvements but that
he can discuss the improvements that he intends to make to the building.
White stated he does not like the illuminated sign on the back of the building since it would be visible
from the bay and the residents' homes during the winter months.
McMillan commented she also is opposed to the illuminated sign. McMillan commented it is difficult to
tell how the building would look without actual visuals.
Tanner stated the owner of the building is considering doing some improvements to the upper portion of
the building and that it is likely the colors of the building would remain the same. Tanner noted they
were able to increase the number of parking spaces on the lower level to 55 spaces from 44 spaces.
Turner stated Xcel did provide a lighting plan but Xcel did not follow the plan. The proposal called for
four lights, with only two lights being erected. Turner indicated there would have been additional
problems with the lighting if all four lights had been erected.
White stated the lighting will need to be restricted so it does not spill over onto the residents' properties.
White asked what type of improvements are being contemplated to the building.
Dan Spah representing the property owner indicated they are planning to construct a 5000 square foot
addition on the upper level but that their plans have not been formalized at this time.
• McMillan asked whether it would be above the first story.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 12, 2009
7:00 o'clock p.m.
(6. #08 -3381 BARRY TANNER, 3435 SHORELINE DRIVE, Continued)
Spah stated it would be equal with the first story.
White noted the retaining wall is deteriorated and will need to be repaired.
White asked how many additional parking spaces have,been created.
Turner stated there are now 51 parking spaces, with the code requiring 60. If the extended upper parking
area is included, it would still leave the bowling center five parking spaces short.
Spah stated some considerable work will need to be completed in order to construct the addition.
White asked how many parking stalls are currently being utilized by the next door building and apartment
tenants.
Turner indicated she is not sure of the exact number.
Spah indicated they would like to maintain the same number of parking spaces for the tenants and the
next door building.
•
White commented he does not anticipate the bowling center would require all of the parking spaces and
that the main issue in his mind is the condition of the building. White noted he has not seen the inside of
the building for some years. •
Tanner illustrated the area where the pool tables would be located and the vending machines. Tanner
stated they would be refurbishing the bowling lanes. At the present time they will not be doing any major
renovation to the inside of the building. Tanner stated they would be installing LCD screens for the
scoring.
White asked where the kitchen area is.
Tanner illustrated the kitchen area and stated that it would consist mainly of foods that can be heated in
pizza ovens or a microwave. Tanner stated they would not have deep fryers or grills.
White asked how many employees he expects to have.
Tanner stated there would be approximately three people.
McMillan asked how many patrons are anticipated on a busy night.
Tanner stated approximately 40 to 50 people. Tanner noted this bowling center has existed since the early
1950s.
White asked how often the patrons would turn over during an evening.
Tanner stated if it is a night without leagues, it may turn over two or three times an evening and on a
league night it would be twice.
•
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 12, 2009
• 7:00 o'clock p.m.
(6. #08 -3381 BARRY TANNER, 3435 SHORELINE DRIVE, Continued)
Dick Edwards, 2480 Carman Street, indicated he has lived in the area since 1955 and that they have
experienced problems with the bowling alley previously. In the summertime the lights and building are
not as visible but that in the wintertime the building is quite noticeable. Edwards commented that the use
of bowling alleys have changed and asked if the applicant is aware of the costs involved with updating the
bowling center.
Tanner stated they will be refurbishing the lanes.
Edwards expressed doubt that the bowling center would be economically viable and that there would be a
lot of noise generated from the bowling center.
Sylvia Bertagnoli, 2499 Kelly Avenue, stated the residents still have a concern regarding the lighting in
the parking lot and the proposed neon sign over the door. Bertagnoli stated she would like the trash
containers to be stored inside. The applicant has stated he would erect a fence and that the neighbors are
in agreement with that. Bertagnoli indicated she would like to know the location of the smoking table.
Bertagnoli noted their residences are located approximately 300 feet from the door of the bowling alley.
Bertagnoli indicated there has been an old wooden crate filled with debris located by the door since
September and that it has not been removed. Bertagnoli commented she is surprised that someone does
not care about the building a little more to remove the garbage.
• Sandy Lindgren, 2501 Kelly Avenue, stated she has the same concerns that the other two residents have
expressed. Lindgren expressed a concern regarding the lighting in the parking lot and from the
illuminated signage.
Bremer asked whether the lights in the parking lot are on all night long.
Turner stated to her knowledge the lights are a photo cell light and are illuminated during the nighttime
hours.
Brett Lindgren, 2501 Kelly Avenue, stated he appreciates the council's understanding of the issues and
that the plans that have been presented have reinforced the concerns of the residents.
White stated he would like to have more information on the addition.
Tanner stated the smoking area would be located closer to the garage doors and that there would not be
any tables or chairs located in that area.
Spah stated they would be replacing the existing stairs.
White noted a concern regarding the internal noise escaping to the outside was raised tonight and asked
how that would be addressed.
Tanner stated the entrance to the bowling center is a double vestibule door.
• Bremer recommended the door not be propped open.
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 12, 2009
7:00 o'clock p.m.
(6. #08 -3381 BARRY TANNER, 3435 SHORELINE DRIVE, Contilaued)
Tanner stated the windows are not able to be opened and that there would only be a front door and a back
door that would allow access to the structure. Tanner stated he would look at his options for restricting
the lighting from spilling onto the residents' properties.
White asked how tall the fence would be.
Tanner stated the fence would be six feet tall to match what currently exists.
McMillan commented she would like to see the issues with the lighting addressed as well as the aesthetics
of the building.
White commented the City attempts to limit artificial lighting, especially by the lake.
McMillan stated she would like to see more specifics concerning the improvements to the building and
what the end result will look like. McMillan stated she would also like to know what will be done to the
lighting to address the concerns raised tonight.
Bremer commented the applicant's persistence with the application shows his desire to operate the
bowling center and that she is glad to see some progress being made on the application.
•
McMillan noted the applicant's time period expires at the end of the month and that an extension will be
needed if this application is not approved at the next council meeting. •
Franchot stated given the amount of discussion that has been held on this matter, he would like to see the
applicant have all the issues addressed. fully the next time the matter is heard so the council is able to vote
on the application.
Bremer moved, Franchot seconded, to table Application #08 -3381, Barry Tanner, 3435 Shoreline
Drive, Conditional Use Permit. VOTE: Ayes 4, Nays 0.
*7. #08 -3388 BOYER BUILDERS ON BEHALF OF MATTHEW AND AMY BERMAN, 3825
CHERRY AVENUE — VARIANCE — RESOLUTION NO. 5798
Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5798, a Resolution Granting
Variances to the Orono, Minnesota, City Code Sections 78 -1288 and 78 -1608 (2). VOTE: Ayes 4,
Nays 0.
MAYOR/COUNCIL REPORT
White noted former mayor Gabriel Jabbour's mother died and suggested a card be sent to him on the
passing of his mother.
The Council welcomed Doug Franchot to the City Council.
ri
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PAGE 8 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 12, 2009
• 7:00 o'clock p.m.
CITY ENGINEER'S REPORT
Kellogg had nothing to report.
CITY ADMINISTRATOR'S REPORT
*8. ANNUAL APPOINTMENTS — RESOLUTION NO. 5799
Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5799, a Resolution Designating
Selected Appointments for the Year 2009. VOTE: Ayes 4, Nays 0.
*9. SELECTION OF DATE FOR 2009 LOCAL BOARD OF APPEAL AND EQUALIZATION
Bremer moved, McMillan seconded, to establish Wednesday, April 15, 2009, at 7:00 p.m., as the
date and time for the 2009 Local Board of Appeal and Equalization meeting. VOTE: Ayes 4,
Nays 0.
*10. CITY RECORDER FEE ADJUSTMENT
Bremer moved, McMillan seconded, to approve the fee schedule for 2009 outlined in the January 9,
2.009 City Clerk's Memorandum, effective January 1, 2009. VOTE: Ayes 4, Nays 0.
. *11. ACCEPT DONATION
Bremer moved, McMillan seconded, to accept the used Dell desktop and used Dell laptop computer
from the MN Chiefs of Police Association. VOTE: Ayes 4, Nays 0.
*12. DISPOSAL OF BICYCLES
Bremer moved, McMillan seconded, to approve the disposal of 11 bicycles by K -BID in Maple Plain
(public auction). VOTE: Ayes 4, Nays 0.
*13. DISPOSAL OF UNCLAIMED PROPERTY
Bremer moved, McMillan seconded, to approve the disposal of the property through K -BID (public
auction). Items that are not sold will be discarded. VOTE: Ayes 4, Nays 0.
*14. AUTHORIZATION TO PURCHASE 2009 SQUAD CARS
Bremer moved, McMillan seconded, to approve the purchase of three 2009 Crown Victoria vehicles
from Elk River Ford for $22,385.36 each ($67,156.08 for three) plus tax, registration and other
miscellaneous fees. VOTE: Ayes 4, Nays 0.
*15. ANIMAL IMPOUND AGREEMENT (CROSSROADS ANIMAL SHELTER)
Bremer moved, McMillan seconded, to approve the 2009 contract with Crossroads Animal Shelter
for animal (dog) impounds. VOTE: Ayes 4, Nays 0.
•
PAGE 9 of 10
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I
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 12, 2009
7:00 o'clock p.m.
CITY ENINEER'S REPORT
Kellogg had nd(hing to report.
CITY ADMINISTUATOR'S REPORT
*8. ANNUAL A"OINTMENTS — RESOLUTION NO. 5799
Bremer moved, McMillen seconded, to adopt RESOLUTION NO. 5799, a
Selected Appointment=FOR ear 2009. VOTE: Ayes 4, Nays 0.
*9. SELECTION 2009 LOCAL BOARD OF APPEA
Designating
AND EQUALIZATION
Bremer moved, McMillan seco ed, to establish Wednesday, April , 2009, at 7:00 p.m., as the
date and time for the 2009 Local oard of Appeal and Equalizatio meeting. VOTE: Ayes 4,
Nays 0.
*10. CITY RECORDER FEE \ii NT
Bremer moved, McMillan secondve the fee edule for 2009 outlined in the January 9,
2009 City Clerk's Memorandum, uary 1, 009. VOT E: Ayes 4, Nays 0.
*11. ACCEPT DONATION
Bremer moved, McMillan se/AIMED ep used Dell desktop and used Dell laptop computer
from the MN Chiefs of Police OT Ayes 4, Nays 0.
*12. DISPOSAL OF BIC
Bremer moved, McMillan seprove the dis osal of 11 bicycles by K -BID in Maple Plain
(public auction). VOTE: Ay*13. DISPOSAL OF UNC OPERTY
Bremer moved, McMilla0econded, to approve the disposal ohe property through K -BID (public
auction). Items that are of sold will be discarded. VOTE: Ay s 4, Nays 0.
*14. AUTHORIZATION TO PURCHASE 2009 SQUAD
Bremer moved, cMillan seconded, to approve th rcha a of thre 2009 Crown Victoria vehicles
from Elk River ord for $22,385.36 each .08 for three) us to \Cross tion and other
miscellaneon fees. VOTE: Ayes 4, Nay's
*15. t((dog) IMPOUND AGREEMENT (CROSSROADS ANIMTER)
Breme cMillan seconded, to approve the 2009 contract witads Animal Shelte r
for an mpounds. VOT E: Ayes 4, Nays 0.
PAGE 9 of 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 12, 2009
7:00 o'clock p.m.
*16. EXTENSION OF HENNEPIN COUNTY EPDB AGREEMENT —RESOLUTION NO.
5800
Bremer moved, McMillan seconded, to approve Resolution No. 5800 authorizing extension of the
Hennepin County EPDB Agreement until December 31, 2009. VOTE: Ayes 4, Nays 0.
CITY ATTORNEY'S REPORT
Mattick had nothing to report.
*18. BILLS
Bremer moved, McMillan second, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
ADJOURNMENT
McMillan moved, Bremer seconded, to adjourn the Orono City Council meeting at 8:47 p.m.
VOTE: Ayes 4, Nays 0.
ATTEST: •
Lin a S. Vee, City Clerk J', s 1VI. White, Mayor
•
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