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HomeMy WebLinkAbout07-28-2008 Council MinutesMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 28, 2008 7:00 o'clock p.m. ROLL The Orono City Council met on the above- mentioi James White, Council Members James Murphy, L. were Interim City Administrator Jay Kiedrowski, , Mike Gaffron, Planner Evelyn Turner, City Engin( Mayor White called the meeting to order at 7:06 p CONSENT AGENDA Item No. 7 was added to the Consent Agenda. i date with the following members present: Mayor McMillan, and Cynthia Bremer. Representing Staff sistant City Administrator for Long -Term Strategy Tom.Kellogg, and Recorder Jackie Young. followed by the Pledge of Allegiance. Murphy moved, McMillan seconded, to approv i the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF JULY 14, 2008 Murphy moved, McMillan seconded, to approve the minutes of the July 14, 2008, Orono City Council meeting as submitted. VOTE: Ayes 4, Nays 0. . PLANNING COMMISSION COMMENTS — DICK KROEGER, REPRESENTATIVE Kroeger stated he had nothing to report but would be available for comments. PUBLIC COMMENTS None i ZONING ADMINISTRATOR'S REPORT 3. #08 -3351 BARRY TANNER ON BEHALF OF BROOK INVESTMENT, B -1 ZONING DISTRICT — ZONING CODE AMENDMENT L ORDINANCE NO. 47, THIRD SERIES Barry Tanner, Applicant, was present. 'I Turner stated Staff has revised the ordinance that was brought before the Council for their review two weeks ago. The City Attorney's Office has drafted a more final version of the Ordinance and they have also included a definition of amusement machines.! Some of the language in the ordinance will create a conflict with the licensing provisions, and Staff will, in the near future, bring back changes to the licensing regulations to make the rules consistent. ,, • Turner noted the applicant has agreed to an extens'on to August 1" PAGE 1 of 7 rul 6N 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 r r • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 28, 2008 7:00 o'clock p.m. *4. #08 -3371 JOEL A. GERBER AND P. VARIANCE — RESOLUTION NO. 5762 Murphy moved, McMillan seconded to adopt Variance to Municipal Zoning Code Section i 5. #08 -3372 CITY OF ORONO CODE REVISE BUILDING PERMIT SURVEY RI Turner stated the Ordinance attached to the staff relating to building permit application informatic this item at the July 14"' meeting in order to rE Building Official. Turner noted the ordinance amendment requires survey. Staff recommends approval of the code Murphy noted Exhibit A' which is the actual ordii building official. Murphy stated he still has some language under (b) (1) requires that the survey be unless the building official determines the constru (2) and (3) do not contain that same language. Mi surveys under items (2) and (3). Turner indicated it is her understanding of state prepare a survey. Murphy stated he has received some comments submit a number of surveys, the costs related to whether the language in the ordinance is clear e. McMillan noted that a foundation survey may not Gaffron stated it was the understanding of Staff th Murphy asked what the anticipated increased cost Gaffron stated step two is probably under $500 an McMillan stated as a percent of the whole project, projects where the foundation survey is waived. 1\ grading and elevations. Murphy stated he would like to make the ordinal being required. Murphy recommended that the • language about the survey being completed by a GERBER, 1295 BRIAR STREET — LUTION NO. 5762, a Resolution Granting a 1295 Briar Street. VOTE: Ayes 4, Nays 0. — REVISION OF CHAPTER 86, iort is an amendment to City Code Section 86 -68 specifically relating to surveys. The Council tabled 3e the language to allow for exemptions by the initial survey, a foundation survey, and an as -built contains the words unless exempted from the .ision regarding the ordinance, noting that the gyred by a Minnesota Registered Land Surveyor project is exempt from this section, but that items asked who would be allowed to perform the that only a registered land surveyor is able to the residents that they are already being required to ig those surveys completed, and that he is uncertain L. be required. the surveyor would complete all .three surveys. be to an applicant. step three may be another $500 to $1000. cost is rather small, and that there may be some [Ilan stated this would help resolve issues with absolutely clear to every applicant about what is uage in items (2) and (3) also include similar istered land surveyor. PAGE 3 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 28, 2008 7:00 o'clock p.m. (S. #08 -3372 CITY OF ORONO CODE AMENDMENT— REVISION OF CHAPTER 86, REVISE BUILDING PERMIT SURVEYREQUIREMENTS, Continued) a Bremer indicated she would like to hear Council Member Rahn's comments on this ordinance, and that an alternative that was suggested at the last meeting was that there could be a letter from a registered land surveyor that could be-substituted for a foundation survey. Kellogg stated it was his understanding the letter would pertain to the foundation survey and that an actual drawing would be required for the initial survey and the as -built survey. Bremer stated she also has a concern on the small applications that the costs for the required surveys would quickly add up and that they would have to rely on the building inspector to exempt that. Bremer noted Rahn had recommended language be added stating that the surveys would only be required where it would expand the footprint of an existing structure; or. increase structural coverage. White noted the building envelope is being expanded when a deck is added. Bremer stated at the very least she would like the caveat that would allow the building inspector to exempt item (3). Murphy indicated he has-a concern if the language, exempted by the building official, as well as the language relating to the letter, will create problems. N Kellogg stated in order for the surveyor to provide the letter stating the foundation elevation, they will • - need to go out there and verify it and that it may not alleviate most of the costs. Turner stated in her experience the surveyor would prefer to update the survey rather than write a letter. White requested Staff make the suggested changes and bring the ordinance back to the City Council at its next meeting. Murphy moved, Bremer seconded, to table Application No. #08 -3372, City of Orono Code Amendment — Revision of Chapter 86, Revise Building Permit Survey Requirements. VOTE: Ayes 4, Nays 0. . MAYOR/COUNCIL REPORT White stated he likes the comment card that has been created for input on Staff's interaction with the residents. White stated he did participate in the Mound parade and that there was a very nice turnout for the event. Murphy stated he did speak with the mayor of Long Lake last night and asked him what the plan was for Corn Days. Murphy noted he indicated to the Long Lake mayor that it would be nice if the Orono City Council were able to participate in the parade. Bremer noted National Night Out is coming up and asked whether Staff is aware of which neighborhoods • have applied to participate. PAGE 4 of 7 it • • r1 U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday; July 28, 2008 7:00 o'clock p.m. I (MAFORICOUNCIL REPORT, Continued) Turner indicated she is not aware at this time who Bremer noted the second meeting at Casco Point i neighbors. Kellogg noted he did receive a number of a -mails were unable to attend the meeting. Kellogg stated Bremer commented she attended the last Planning very good in the back. White commented it is nice to have a map of Oror Kellogg suggested the map of Orono be put into e McMillan stated she was on Big Island last week clear this year, particularly for the middle of sump Bremer commented she visited the Minnesota Art to visit the facility. Bremer noted periodically the hardcover, which is very informative. Murphy suggested the City Council also tour the CITY ENGINEER'S REPORT Kellogg had nothing to report. signed up. held and they received good feedback from the i phone calls after the meeting from residents who his'opinion the project is going well. immission meeting and that the sound system sounds up in Council Chambers. ;ironic format so it could be shown on the screen. I that the water of Lake Minnetonka appeared very r. etum over the weekend and encouraged the Council rboretum will have a display on the impact of Bay development. CITY ADMINISTRATOR'S REPORT - 6. PEDDLER LICENSE AND EXTENSION REQUEST Murphy noted Mr. Mansour is not present. McMillan noted Mr. Mansour has been selling ice i ream for ten days and, that he would like an extension. Gaffron stated to his understanding it was not Mr. Mansour's original intent to go through Orono but that he inadvertently did. White commented he does not envision that very much business along the Highway 12 corridor will be generated given the low density in that area. Murphy asked whether Staff has spoken with Long Lake regarding Mr. Mansour. PAGE 5 of 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 28, 2008 7:00 o'clock p.m. (6. PEDDLER LICENSE AND EXTENSION REQUEST, Continued) Gaffron stated according to Long Lake staff, they do not consider him a peddler and do not license his operation, but that he, along with Orono's city clerk, view this as requiring a peddler's license. Murphy stated he personally does not have a problem with the time period of July through September, but questions whether Mr. Mansour's equipment is appropriate as it relates to the safety of the children who would be approaching the vehicle. Kiedrowski noted Staff has done the appropriate background checks and recommended that the City Council approve the application. Murphy moved, White seconded, to approve the peddler license for Mohd Mansour for the initial period of 10 days, and to grant an extension for an additional 50 days, for ice cream truck sales in the City of Orono. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S RPORT None 7.' LICENSES & PERMITS SPECIAL EVENT 1. Applicant: Christiana Finnern/Winthrop & Weinstine, PA Event: End of summer party with music Location: 2630 Countryside Drive West Date: Saturday, August 2, 2008 Time: 6:00 p.m. —10:00 p.m., with music from 8:00 p.m. —10:00 p.m. 2. Applicant: James Gulbranson, Long Lake Area Chamber of Commerce Event: 2008 Corn Days Parade Location: Parking for parade units in Hackberry Park area. Date: Sunday, August 10, 2008 - Time: 10:00 a.m. — noon KENNEL LICENSES 3. Richard Kroeger 65 Stubbs Bay Road North 4. Patty Morris 2697 Kelly Avenue Murphy moved, McMillan seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0. PAGE 6 of 7 t • •. U r • • W] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,l July 28, 2008 7:00 o'clock p.m. 7 *BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Bremer moved, McMillan seconded, to adjourn the Orono City Council meeting at 7:55 p.m. VOTE: Ayes 4, Nays 0. j ATTEST: 1 i Di Linda S. Vee, City Clerk Ja es M. White, Mayor PAGE 7 of 7 ,I