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HomeMy WebLinkAbout11/10/2008 Council MinutesN • n U • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 10, 2008 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above -me. Mayor James White, Council Members James David Rahn. Representing Staff were City Ac Olson, Assistant City Administrator for Long - Turner, City Engineer Tom Kellogg, and Recc Led date with the following members present: phy, Lili McMillan, Cynthia Bremer, and istrator William Wells, Finance Director Ron a Strategy Mike Gaffron, Planner Evelyn Jackie Young. Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. Mayor White noted that Dick Kroeger, Commissioner on the Orono Planning Commission, recently died. The City Council recognized Dick Kroeger for his tireless work on behalf of the City. CONSENT AGENDA Item Nos. 6 and 7 were added to the Consent Bremer moved, Rahn seconded, to Ayes 5, Nays 0. APPROVAL OF MINUTES the Consent Agenda as amended. VOTE: *2. REGULAR COUNCIL MEETINGIOF OCTOBER 27, 2008 Bremer moved, Rahn seconded, to approve the minutes of the October 27, 2008, Orono City Council meeting as submitted. VOTE: Ayes 5, Nays 0. LMCD REPORT — ANDREW McDermott reported that the boat density rep( on the lake this past year, which is a small inc increase is attributed to the sluggish economy , REPRESENTATIVE showed there were approximately 10,200 boats ise over the past couple of years. The small McDermott stated they would be receiving and update on the herbicide treatment at their next meeting. The beginning of December is the deadline for the Save the Lake grant program for 2009. McMillan commented the Big Island subcommittee still needs to resolve some issues relating to the buoying. 'I McDermott stated it is his understanding that it would be a yearly application process and that if the subcommittee is not ready to proceed on their application, they could withdraw it and resubmit it later. 1 of 13 1-91 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 10, 2008 7:00 o'clock p.m. • PLANNING COMMISSION COMMENTS — JAYE ANN BENNETT, REPRESENTATIVE Bennett stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *3. #07 -3334 KEVIN AND DENISE REILLY, 3405 HIGH LANE, PRELIMINARY PLAT RENEWAL — RESOLUTION NO. 5787 Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5787, a Resolution Granting a One -Year Extension to the Effective Period of Preliminary Plat Approval Established Per Resolution No. 5716. VOTE: Ayes 5, Nays 0. 4. #08 -3381 BARRY TANNER, 3435 SHORELINE DRIVE — CONDITIONAL USE PERMIT Barry Tanner, Applicant, was present. • Turner stated the applicant is requesting a conditional use permit to operate a bowling center so he may reopen the 10 lane bowling alley formerly known as Navarre Lanes. The bowling alley is a non - conforming use since bowling alleys are neither permitted nor conditional uses in any zoning district in the City. The applicant has requested that bowling alleys be made a conditional use in the B -1 District, which was approved in July 2008. The Planning Commission has reviewed this conditional use permit and heard public comments at both its September and October 2008 meetings. The Planning Commission recommended approval of the conditional use permit but their recommendation did not mention the proposed food service. Staff requested that the applicant provide a floor plan and additional information about the food service or kitchen. That information has not been provided. Staff has concerns regarding the extent of the food service proposed due to the limited parking. The applicant has indicated he intends to apply for licenses to serve 3.2 beer and wine. Those licenses are not part of the conditional use permit. Staff recommends the application be tabled and the applicant be directed to provide the additional information regarding the food service and lighting. White asked whether the applicant is currently running a bowling alley or has ever operated a bowling alley. Tanner stated he has not operated a bowling alley previously but has worked at bowling alleys in • the past. Page 2 of 13 • 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, NoIvember 10, 2008 7:00 o clock p.m. (4. #08 -3381 BARRY TANNER, 3435 White asked what the applicant's current oc( Tanner indicated he is a full -time real estate Group, Inc. White asked what the applicant is proposing Tanner displayed his proposed signage for the Tanner noted the proposed signage is smaller 1 from dusk until closing. McMillan recommended the lighting for the florescent sign to minimize the impact to the DRIVE, Continued) is and what the name of his business is. and that his business is known as Tanner signage. ding, which is 40 square feet or 8' x 5'. what previously existed and would only be on be downward lighting rather than a Tanner indicated he is open to suggestions on the lighting and that he is considering installing shields on the lights in the parking lot to help screen the light from the residents. McMillan stated she would like to minimize the amount of lighting that could be seen by the residents. 1� Rahn asked whether a design professional would be helping the applicant with the project. Rahn indicated he is in support of a bowling alley but that the amount of parking should be delineated by a professional. Rahn stated he would like to see other details also illustrated on a professionally drawn plan, including the location of the dumpster. Rahn asked whether the owner of the building would be repairing the stairway. Tanner stated he would be. Tanner indicated he is waiting to formalize all his plans until he receives approval from the Council. it Rahn recommended a design professional be hired to help delineate the parking and interior floor plan of the building. I Tanner stated he was not aware that those issues would be brought up at this stage but that he is willing to comply with the City's requests. Rahn noted the building has sat vacant for fiv years and asked whether a building permit would be required. Tanner stated the equipment would need to be, updated and that he is unclear whether a building permit would be required. Tanner stated he would be bringing in inspectors to determine exactly what work is required. I White asked whether there is a business plan.' Tanner stated they do have a budget and a business plan and that he is attempting to minimize his costs at this point until he knows whether the conditional use permit will be approved. 3of13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 10, 2008 . 7:00 o'clock p.m. • (4. #08 -3381 BARRY TANNER, 3435 SHORELINE DRIVE, Continued) Rahn commented this is similar to the Hill School application and that this is really the time to have the building brought up to code. Rahn noted there are a number of items that would need to be corrected, and asked whether the owner of the building is agreeable to updating the building. Tanner stated the Planning Commission did place specific demands on the application. Rahn stated in his opinion that parking should be known upfront and should be professionally delineated on a plan. Tanner stated it was the consensus of the Planning Commission and Staff that the parking was adequate. Rahn asked if the applicant will have a professionally drawn floor plan, lighting plan, and site plan. Tanner indicated he would do whatever is required, and that if the Council is in need of additional information, he would be glad to provide it. Murphy noted the Council would like to have the floor plan to better illustrate the food service. Turner stated Staff is requesting a floor plan depicting the seating and the type of food that would • be served. Turner indicated Staff has a concern that a number of people would come to the facility to eat rather than bowl given the limited parking. Murphy stated at the last meeting he specifically asked whether the applicant would be running the business and that it was his understanding the applicant had indicated he would not be running it. Tanner indicated he would be the owner of the business but that he would have a manager that would run the day -to -day operations. Murphy stated it is not the Council's job to design the bowling center and that the applicant should be more proactive in bringing forth his plans for the building. Tanner stated he would be glad to provide that. Murphy stated if the applicant is involved in real estate, he should have known that the Council would like to see those types of items and that it is important the residents are aware of exactly what is being proposed for this site. Tanner stated their plans are not in stone and that he has spoken to the residents on a number of occasions. Murphy stated in order for the Council to go forward with any kind of a positive recommendation, they should have more details. • Page 4 of 13 4 • • ORONO CITY ( Monday, Nc 7:00 o (4. #08 -3381 BARRY TANNER, 3435 McMillan stated the Council is attempting to the building or whether the applicant is just € OF THE FNCIL MEETING aber 10, 2008 ek p.m. DRIVE, Continued) a feel for what improvements will be made to to do the bare minimum to get the place open. Tanner stated he has spent over a year of his time on his application, that he is committed to the project, and that he plans to invest over $100,000 in the project. Bremer commented in her view there appears like to see required and what Staff is requiring information submitted by this point. Turner stated Staff is looking for the floor pl indicated the site plan is based on a survey tl that the applicant could go back to that surv( Turner stated there are some broad issues ab paved as well as the lighting that should be c 44 spaces would be adequate, and if not, the noted there is shortage of approximately 10 in this case. In addition, Staff is looking for her understanding that the lighting situation in the parking lot. Bremer asked whether the City Council approved tonight. Turner stated the Council would look at it at approval process. be a disconnect between what the Council would Bremer stated she expected to see detailed ti so they can judge the amount of seating. Turner Lt was completed as part of a previous proposal and or and have him draw the plan more formally. ut parking spaces and when they would need to be scussed further. The Planning Commission felt that pper area would need to be blacktopped. Turner { 12 parking stalls from what the code would require �ditional detail on the lighting issues and that it is came worse after a new light fixture was installed il Bremer stated if this was a new building that 1 reviewed every aspect of the project and have and exterior. Bremer asked whether a conditi ability to require that thorough of a review. B that there would be further details provided bj Tanner noted he did spend time at two Commission. Bremer stated she is not saying that any of 1 that in her opinion the Council should have this stage. be reviewing this application again if it was next city council meeting as part of the resolution being proposed, the Council would have uired very detailed information on the interior I use permit application gives Council that same ier stated in her view she had the understanding this point in time. igs discussing this application with the Planning 1 -'time spent by the applicant has been wasted, but tore detailed information on the project to review by White commented one of the missing pieces i present at the meeting and that the owner has White stated in his view the applicant will net other outstanding issues. this application is the owner of the building is not t be responsible to the City as well as the tenants. . to supply detailed information on the parking and Tanner stated the owner of the property resides in California and that there is a property manager that takes care of the property. Tanner stated to date the owner has done the things that have been Page 5 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 10, 2008 7:00 o'clock p.m. (4. #08 -3381 BARRY TANNER, 3435 SHORELINE DRIVE, Continued) asked of him and that the items requested by Staff and the Planning Commission will be completed. Murphy stated the applicant is repeatedly responding to requests by various parties rather than attempting to sell this project to the City. Murphy indicated he would like to see the applicant present some site plans and sell the project rather than simply reacting to the requests being made. Tanner stated he does not want to waste his time and money with the proposal if the council is not receptive to the conditional use permit. Murphy stated in his view this application is being done backwards and that it is important the Council understand the extent of the business. Bremer asked where the site plan is for the interior of the building. Tanner stated he does not want to spend the money having plans drawn up if the council is not interested in approving the conditional use permit. Murphy commented given the applicant's experience in real estate, it is surprising that the applicant did not know that detailed plans would be required. LJ 'Tanner stated he is not a developer of commercial property and that he is merely looking for • direction from Staff and the Council on what they would require. Tanner stated he did not have enough time to submit formal plans on the kitchen and food service. Murphy expressed a concern that if this business gets to the point of opening its front door and it is not managed very well, that it may not last in business very long. Tanner stated he understands that there are some bad feelings regarding the previous project proposed for this site but that he has worked with the neighbors to address their concerns. McMillan stated a floor plan is part of the conditional use permit process and is typically a standard document that is produced. Tanner indicated he is fine with submitting a floor plan. McMillan stated since the building has sat vacant for a number of years, she would like to see the building improved, and that these requests are basic requirements of a conditional use permit process. Tanner stated these issues have been discussed for months with the neighbors. Tanner commented this is not an ideal location for a bowling center but that it has a substantial amount of items that are conducive to a bowling alley. McMillan stated it is the applicant's responsibility to sell this project and to supply the necessary documentation. Page 6of13 • MINUTES OF THE ORONO CITY COUNCEL MEETING Monday, November 10, 2008 7:00 o ?clock p.m. (4. #08 -3381 BARRY TANNER, 3435 Tanner stated the Planning Commission was plans that are being requested. DRIVE, Continued) with the project and that he will work on the Rahn stated in his view the building will need a number of site improvements and that those items should be resolved prior to approaching the City Council again. Tanner stated the majority of the items requested by the Planning Commission have been addressed. White requested the owner or his representative be present at the next meeting. Tanner stated there is a caretaker of the management company. White stated he would like an understanding required here. Sylvia Bertagnoli, 2499 Kelly Avenue, stated and that she loves the area. Bertagnoli comm have to deal with any issues that come up why Bertagnoli stated the neighbors do have a con that if there will be a number of items being c the odors that would be emanated. and also a representative of the building the building's owner as to what is being ie has resided in her current property for 15 years ted she will be in her house at 10 p.m. and will the bowling center closes for the evening. m regarding the lights and with the kitchen, and ked in the kitchen, they do have a concern with Bertagnoli stated the applicant has indicated the trash will be located upstairs and requested that the stairs be improved for safety reasons. Bertagnoli commented in her view the proposed signage is okay, but that they would like the Council to make sure the fence is extended. Bertagnoli requested that there be no smoking: tables or smokers in the parking lot after the bowling center is closed. Bertagnoli commented the applicant has been very nice to work with but that she expects the Council to be looking' out for the residents' interests. Dick Edwards, 2480 Carman Street, stated he has resided in his house since 1955, and that he has experienced first -hand some of the problems with the first bowling alley. The main issue was the noise generated as well as the lighting. Edwards commented people tend to exit in groups and make noise as they exit and that he would like' that minimized as much as possible. Tom Richie, 2507 Kelly Avenue, stated he do: s not have a problem with the lighting but that noise and lighting are a concern. Richie commented he would like to see the building improved since it is rundown, and asked whether the applicant is familiar with ADA and the requirements of bathroom facilities and access. Richie noted updating the structure would be costly. Rahn moved, McMillan seconded, to table i Application #08 -3381, Barry Tanner, 3435 Shoreline Drive. Murphy requested Rahn specifically state what he would like the applicant do. Page 7of13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 10, 2008 7:00 o'clock p.m. (4. #08 -3381 BARRY TANNER, 3435 SHORELINE DRIVE, Continued) Rahn stated he would like to see a professionally drawn site plan, a list of the proposed improvements that will be made, a decision on whether the area on top should be paved or not paved, an accurate depiction of the parking stalls, and an architecturally drawn floor plan of the interior of the building. Rahn noted a lighting plan, signage, and elevation plan was requested by the Planning Commission. _ VOTE: Ayes 5, Nays 0. 5. #08 -3384 CITY OF ORONO — ACCESSORY STRUCTURE CODE CHANGE Rahn stated in his opinion the zoning code amendment reads fine but that incorporation of windows in the structure should not be mandated since a number of people do not want windows in their accessory buildings due to security reasons. Rahn stated as long as the exterior fagade is the same or similar, he does not feel windows should be required. Murphy stated his barn is approximately 60 years and his house is approximately 25 years, but that he would not want his barn to look like his house but rather look like a barn. Turner noted his property would be exempt since it is four acres in size and that this code change would only apply to lots less than two acres. • Gaffron noted on lots less than two acres, you would only be allowed a structure that is 1,000 • square feet or less. Turner stated similar quality exterior building materials as the house would be required on the accessory building. Rahn noted given the size of the lots, only a smaller size structure could be constructed. McMillan commented this code amendment is probably the closest the council has come mi creating an ordinance regulating the appearance of a building. Rahn noted anything over 120 square feet would be considered an accessory structure. Turner stated the second part of this code change would only apply to detached garages that are built on lakeshore lots, are built within the front yard, and are less than 30 or 50 feet from the road. McMillan asked what the 120 square feet is based on. Turner stated that is the point at which a building permit is not required. Gaffron stated in one of the earlier versions the language talked about being consistent with the principal structure and that it has been changed to same or similar quality materials to the principal structure, which has a different meaning. Gaffron stated being consistent to the principal structure means more to him than similar quality materials. • Page 8of13 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 10, 2008 7:00 or'clock p.m. (5. - #08 -3384 CITY OF ORONO — STRUCTURE CODE CHANGE Mattick stated his office did review the code amendment and that this code change hinges on the definition of a lakeshore lot. Mattick indicated if Staff prefers the language "consistent with the principal structure," that he would not be opposed to revising it. Gaffron stated there are at least five different does need to arrive at a definition of a lakesh Rahn asked why this is just being limited to la Turner stated the code provision applies to Gaffron stated there are different standards Mattick concurred that a definition of Gaffron pointed out that similar quality is room for interpretation at the staff level. es of lakeshore lots in the City and that Staff lot. lots. lots smaller than two acres. lakeshore lots for where a building can be located. lots should be arrived at. ve and that the word consistent leaves some Mattick stated this code change started with metal pole barns being erected, and that if the word identical is used, it could require the person to construct an accessory structure out of expensive materials in order to match the house. •Gaffron stated if the roofing and siding materials are different, having the same color scheme would be helpful in keeping it consistent. Gaffron noted this ordinance change was prompted by a pole barn that was actually constructed a distance away from the principal structure but is located close to the neighboring house. McMillan asked if this code change would be applied to the pole barn that was the impetus for the code amendment, whether that particular pole (barn would have been constructed in the same manner. Turner stated there are instances where the mc� Bremer suggested the language same or be used. Gaffron suggested the word complimentary Mattick stated complimentary can be subj may not be able to be matched. quality and appearance exterior building materials used. White suggested this item be tabled to allow Staff to come up with a definition for lakeshore lots and different language concerning building materials. Bremer moved, Murphy seconded, to table Application #08 -3384, City of Orono, Accessory Structure Code Change. VOTE: Ayes 5, Nays 0. Page 9of13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 10, 2008 7:00 o'clock p.m. MAYOR/COUNCIL REPORT White stated a couple of years ago in connection with a different application Shardlow had suggested closing Kelly Avenue. White suggested the Council look at the bigger picture for this area and how the shopping center might change in the future. White stated the owner of a structure should be required to be involved in the application process. Turner stated she has spoken with the property manager about the parking lot repairs and the lights. Turner indicated she did invite him to attend the Planning Commission meeting. Murphy commented the building is owned and managed by an absentee owner and that the majority of the tenants are not happy with the situation. McMillan noted she and Mayor White attended a meeting of the Metropolitan Council where Mary Smith was thanked for her service and that it was a nice opportunity to touch base with them on a more informal basis. McMillan indicated she has requested some statistics on the park- and -ride facilities in the area regarding their use and capacity. White stated he did mention to some of the Metropolitan Council representatives that he would like to discuss MUSA in the near future and the fact that Orono is not in favor of increasing the housing density around Lake Minnetonka. • Gaffron noted he would be attending a community development meeting next Monday at the Metropolitan Council. • Bremer commented it would be nice to have a get- together with the new mayors and council members in the area to help everyone get to know one another. Murphy noted the grand opening of the highway has been delayed and that he is unsure at this time when it will be. McMillan asked what the nature of the delay is. Murphy stated the contractor was delayed pouring the concrete for the last sections of the road and that there is a concern the blacktop companies will be shut down in the near future due to the colder than normal weather. White noted there is a nationwide shortage of blacktop. Gaffron indicated Mn/DOT's web site, which was updated last week, states that the new Highway 12 project in Orono is expected to open up around Thanksgiving but that additional work remains to be completed, such as the retaining wall and other minor items. Murphy noted there was a Fire Commission meeting held last week and that Chief Farniok expressed concerns regarding how the new highway is striped and signed. Murphy stated they will be having a meeting with Mn/DOT this Wednesday to discuss the Jacob Mills development and the striping of the highway. Page 10 of 13 • 0 • ORONO CITY I Monday, N 7:00 MAYOR/COUNCIL REPORT • :1 ;OUNCIL MEETING ovember 10, 2008 'clock p.m. Murphy suggested Mr. Rahn consider filling the newly created vacancy on the Planning Commission. Rahn stated he would like time to consider that, but recommended the City advertise for some alternates due to the limited number that are currently available. CITY ENGINEER'S REPORT Kellogg had nothing to report. CITY ADMINISTRATOR'S REPORT *6. REQUEST FOR PAYMENT NO. WATERMAIN IMPROVEMENTS Bremer moved, Rahn seconded, to approve Business Center Water Main Improvement amount of $51,070.98. VOTE: Ayes 5, Na3 *7. CHANGE ORDER NO.1 AND R FERNDALE ROAD AND FOX STREET Bremer moved, Rahn seconded, to approve, No. 5 and Final for the Ferndale Road and ] Redstone Construction Company, in the am CITY ATTORNEY'S REPORT 8. AGREEMENT REGARDING Mattick noted the Council did discuss this agr agreement they have tentatively reached is the require a rain garden and other minor aestheti, visible, and that given the agreement, this is a Murphy moved, Rahn seconded, to approv( and LMG Partners, LLC, regarding a shed property at 4205 North Shore Drive. VOT] Mattick noted he would be unable to attend tl Casco Point project and Xcel, Mattick indicat with Michelle Swanson in the past on franchi negotiating an agreement with Xcel on Casco CRYSTAL BAY BUSINESS CENTER Rquest for Payment No. I for the Crystal Bay Project, Burschville Construction, in the 0. UEST FOR PAYMENT NO.5 AND FINAL, :IDGE REPLACEMENTS Lnge Order No. 1 *and Request for Payment Street Bridge Replacements project, .t of $40,111.80. VOTE: Ayes 5, Nays 0. AT 4205 NORTH SHORE DRIVE ement previously at a work session, and that the rather than eliminating the shed, the City would improvements. Mattick stated the shed is not that ;ood resolution to the situation. the agreement with Highmark Builders, Inc., ocated within the 0 -75 foot zone on the : Ayes 5, Nays 0. work session on Wednesday. In regards to the I that Joel Jamnick from their office has worked agreements and that they are in the process of oint. Mattick noted that Xcel's opinion on how 11 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 10, 2008 7:00 o'clock p.m. (8. AGREEMENT REGARDING SHED AT 4205 NORTH SHORE DRIVE, Continued) costs should be handled on underground utilities are different from how he views it, which will need to be addressed. Mattick stated Joel is unable to attend the work session on Wednesday as well and that he would send out an e-mail to the Council on some preliminary ideas regarding special assessments for underground burying of utilities. Mattick noted the City did bond for this project and that under Minnesota Statutes the City does have the ability to assess for underground utilities if they have the support of 100 percent of the property owners. Mattick stated if the City does not use bond proceeds, they could possibly recoup it with special assessments. Mattick stated as it relates to dock rights on Crystal Bay* Road, his opinion has not changed but noted the $30,000 is not the entire cost and that there would be additional costs associated with title work. Staff has put together a preliminary memo that can be handed out to the residents. Mattick stated he was recently contacted by an appraiser who informed him that some appraisers are calling some lots Lakeshore lots that are really not lakeshore lots. 9. LICENSES AND PERMITS Limited Trap Use Permit • 1. Steven Ruchti • Multiple areas per maps attached to permit application McMillan asked whether something similar to this was approved last year. Bremer indicated there was. McMillan stated some of the locations are not near any homes and that there was not enough information in her packet to determine if there was a specific problem with beavers in a particular area. Bremer stated to her recollection last year's application was clearer and provided more information on specific problems. McMillan commented the language used in the application is rather general and that she is unsure whether there are specific locations that are currently experiencing problems. McMillan noted one of the sites listed for a trap is near the Dakota Trail on Long Lake Creek. Murphy stated the last time the council did have specific land issues related to the beavers. White commented there were residents last year who had reported some trees were being destroyed. Murphy noted the Orono Police Department was the one who recommended the beavers be trapped and removed last year but that he is unsure where the request is coming from this year. Rahn recommended specific sites be identified. Page 12 of 13 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 10, 2008 7:00 o'clock p.m. (9. LICENSES AND PERMITS, Conti McMillan stated she is unsure whether speci: additional information be obtained. McMillan moved, Murphy seconded, to to Nays 0. *10. BILLS Bremer moved, Rahn seconded, to Ayes 5, Nays 0. ADJOURNMENT Rahn moved, McMillan seconded, to VOTE: Ayes 5, Nays 0. ATTEST: • X ,;;u Z' �� . - Linda S. Vee, City Clerk I ]l spots have been identified and requested that the above listed permit. VOTE: Ayes 5, payment of the All Funds Account. VOTE: the Orono City Council meeting at 8:53 p.m. Pag6 13 of 13