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HomeMy WebLinkAbout10-10-2005 Council Minutes. 4 } • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. ROLL The Orono City Council met on the above-mentioned, date with the following members present: Mayor Barbara Peterson; Council Members Bob Sansevere, Jim Murphy, Jim White, and Lili McMillan; City Attorney Rolfe Worden; Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Janice Gundlach and Melanie' Curtis; Engineer Tom Kellogg, Public Service Director Greg Gappa, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:05 p.m'., followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVE /AMEND Items 5, 10, 11, 12, 13, 14 and 15 were added to the Murphy moved, White seconded, to approve the • VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF Murphy moved, White seconded, to approve the z meeting as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. HENNEPIN COUNTY REGIONAL CORRIDOR) — RESOLUTION NO. 5386 Marcia Wilda and Jessica DeLatts, Hennepin C Hennepin County Commissioner, were present. Agenda. Agenda as amended. 26, 2005 tes of the September 26, 2005 City Council hill li' [ 7.7:Y'11'L117�i►��J1'11Wm 1=11 Regional Railroad Authority, and Linda Koblick, Marcia Wilda, Hennepin County Regional Railroad Authority, addressed the City Council regarding private encroachments onto the Dakota Rail Corridor right -of -way. Wilda indicated the HCRRA is in the •process of updating their policy regarding private use of the corridor right -of -way and would like to gain input from the public regarding the policy. ,I PAGE 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. r (Hennepin County Regional Railroad Authority, Continued) A brief video was shown illustrating portions of the Dakota Rail Corridor and the increasing number of encroachments into the right -of -way. The Hennepin County Board formed the HCRRA in 1980 and its mission is to acquire abandoned railroad corridors and preserve them for future transportation uses. HCRRA is one of several agencies within Minnesota that was established to preserve rail corridors and its policy must be updated to clearly identify what interim uses are or are not acceptable. An unauthorized use means that an adjacent property owner is using the Railroad Authority's property without permission and without a written agreement. The HCRRA assists the state of Minnesota in transit planning, preliminary engineering, and community participation, but its primary role is to continue to acquire railroad corridors for future transportation uses. The HCRRA first purchased in 1981 a 15 -mile corridor from Hopkins to Victoria, and the Railroad Authority has since acquired a number of other corridors. The Railroad Authority currently owns 57 miles of rail corridor, 11 park and ride sites, and three depot buildings. It was noted that many recreational trails along the corridors have been constructed as interim uses. The Railroad Authority cannot, by statute, construct or operate recreational trails. The trails that are currently in existence along the corridors have been constructed by park agencies. The trail corridor is typically 100 feet wide, with the actual trail being 16 feet wide. The park agency is responsible for maintaining the trail and the • HCRRA is responsible for maintaining the remainder of the corridor. Hennepin County Regional Authority's current policy states very clearly that unauthorized uses are not allowed. These private uses must either be terminated or formalized through a written agreement with the Railroad Authority. The lease agreements grant exclusive rights to the adjacent property owners to use the corridor for specified purposes and for a specified time period. Depending on the terms of the agreement, property owners have been permitted in the past to add structural improvements such as fences and pavement. It was noted that rent is charged to the property owner for the exclusive use of the land. Many of the agreements have been assumed from the railroads by the HCRRA and have been allowed to continue. Another way that the HCRRA allows approved uses is through a landscape permit. Current landscape permits allow a property owner to beautify the area with plantings, but the property owner is not allowed to erect fences, mow grass, install pavement or park cars, and the permitted area must be open to the public. A one -time fee is charged for a landscape permit. Wilda indicated unauthorized uses are increasing. In addition, new residential development has created more properties along the corridors and more uses are being added. Signs have been erected delineating the corridors. Unauthorized uses create issues with enforceability, liability, aesthetics, and other issues. The Railroad Authority's policy regarding unauthorized uses is being reviewed. Written agreement for approved uses designate who is responsible when problems occur. The Authority's goal is to establish clear guidelines to eliminate unauthorized uses in a fair manner. The Authority is also looking at whether a landscaping plan should be implemented along the various • corridors. PAGE 2 • I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. (Hennepin County Regional Railroad Authority, Gabriel Jabbour, Orono, indicated he has been world the Hennepin County Regional Railroad Authority f( of the HCCRA has been extremely helpful. Jabbour HCRRA understand how vital the trail is. White stated he also has worked with Wilda on a real the corridor in one section and complemented the HC] ;, along with the Orono City Administrator, with the past several years. Jabbour indicated the staff ated it is important that the City Council and the : development project regarding the width of staff for their efforts. Sansevere inquired whether Marcia Wilda would be the contact person regarding questions or issues the residents may have. 'I Wilda stated she is the contact person. Wilda stated she can be reached at 612- 348 -8537. Julie Lofrano, 3365 Crystal Bay Road, indicated they have a garden located ten feet from the corridor, and inquired whether they could obtain a lease to continue to use that land. Wilda stated the corridor typically is 100 feet but is a little narrower in the area of the Lafayette Club. Is Wilda indicated it is possible that the HCRRA will write a temporary lease to continue to allow that use. Ann O'Riley, 3349 Crystal Bay Road, inquired whether the setback and amount of land would change. Wilda stated the policy is not updated enough to deal I ith what is currently happening along the trail and that the HCRRA is interested in obtaining public comment regarding possible changes to their policy. O'Riley inquired whether they would be able to lobby�for a change in the setback. Wilda stated the HCRRA will not be selling any of the corridor but that there is the possibility of having interim uses of the corridor through leases or landscape permits. O'Riley inquired whether the policy would apply to house by house. Wilda stated they would not be going house to house the entire length of corridor. Wilda stated the HCRR acceptable. Wilda indicated leases are based on the r may deal with sections of the corridor in categories, i is looking for input at this time from the public. entire corridor or whether it would be determined ith the policy but that it would be consistent along would be determining which uses would be rket value of the property. Wilda stated the policy idential versus commercial, and that the HCRRA Wilda pointed out the property belongs to the Railroad Authority and the goal is that no one would be allowed to do anything on the Railroad Authority's property without a written agreement. • Jane Price, 3393 Crystal Bay Road, questioned w] the Railroad Authority's property at the time they existing structures or sheds that were located on ased the property would need to be removed. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. • (Hennepin County Regional Railroad Authority, Continued) Price stated she does not feel the shed is her responsibility since it was there prior to her purchase of the property and the land belongs to the Railroad Authority. Wilda stated if the property owner does not want to claim the structure, the Railroad Authority could have it removed. Joe LoFrano, 3365 Crystal Bay Road, stated he has a steel structure that he believes belonged to the railroad at one time. LoFrano stated he has a concern with the walking trail. LoFrano noted he has 50 feet from the trail to his house and expressed concern regarding theft. Wilda stated the Railroad Authority is not involved with construction or operation of the trail but that Three Rivers does the construction of the actual trail. Wilda stated in some instances buffers are considered when the residence is in close proximity to the trail. Wilda pointed out she deals with unauthorized uses of the corridor and not construction of the trail. Wilda indicated the number for Three Rivers 763 -559 -6761 and the contact person is Boe Carlson. A resident inquired if a fence could be constructed at the 50 -foot mark. Wilda stated a fence can be constructed on the private land, but that she cannot guarantee that the railroad's property is exactly 50 feet along the entire corridor. Wilda noted signs denoting the corridor have been erected on a large number of properties. McMillan inquired whether the signs are located on both sides of the corridor. Wilda stated they are attempting to install one on every other property on both sides of the corridor. Mark Zagaria, 3295 Crystal Bay Road, inquired how road crossings would be handled. Wilda stated the existing road crossings have been discussed with City Staff and that all the crossings will remain to her understanding. Kathleen Melin, 3309 Crystal Bay Road, inquired about a driveway easement. Wilda explained that there is a stretch along Crystal Bay Road where property owners do not have access to their garages except on a road that is located on the Railroad Authority's property and that they are recommending a temporary easement or agreement be signed allowing access to those properties. Tom Anderson, 3349 Crystal Bay Road, questioned the need for a 50 feet right -of -way, and suggested that the property owners be given the ability to use the extra land until such time as light rail transit is constructed. �J PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. (Hennepin County Regional Railroad Authority, Wilda stated sheds would be considered an exclusive use and would be encompassed under a lease and that gardens would probably fall under a landscape permit. Wilda stated she does not at this time know if those policies will be adopted. Mayor Peterson inquired whether the residents along the trail would be given notice of the public hearing to be scheduled later this year. Wilda stated notice of the public meeting would be given to each of the individual cities with a request that the residents be notified of the meeting. Linda Koblick, Hennepin County Commissioner, stated Hennepin County is interested in preserving these corridors for future transportation and that HCRRA's policies need to be updated. Koblick stated they do work with the cities to enforce violations and that they are interested in adopting policies that will work for most properties. Koblick stated the public hearing` will likely be held at the end of the year and a vote will be taken on the policy once it is developed. Koblick stated they would like to get the input of the public on what the policy should be relating to acceptable uses. •Murphy noted the City Council has a resolution supporting the Railroad Authority and the HCRRA maintaining authority over the corridor. Murphy stated to his experience right -of -way is a legal term that is bound in law and that leases and easements need to be entered into if there is any encroachment with that right -of -way. Murphy noted the Luce Line is located on Excel's land, which does give the city precedence. ,I - Murphy stated it is important for the Railroad Authority to be able to control this right -of -way, noting that if this corridor is not preserved, it will not be available in the future. Murphy stated the City has to guard against that corridor disappearing and that in his opinion the Railroad Authority is being prudent in its planning. '1 Mayor Peterson read the proposed Resolution. I White moved, McMillan seconded, to adopt RESOLUTION NO. 5386, a Resolution regarding the use of the Dakota Rail Corridor. VOTE: Ayes 5, .i Nays 0. Peterson stated the residents would be notified of the public hearing. Sansevere inquired what the average width of lots are along this corridor. A resident indicated they range between 50 to 75 Gabriel Jabbour requested the residents be told an average price that they could be charged for an agreement. PAGE 5 MINUTES OF THE - ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. (Hennepin County Regional Railroad Authority, Continued) Wilda stated she is guessing the property in Orono would be valued at approximately $7.00 per square foot as the market rate and that they are looking at charging seventy cents per square foot to lease the property per year. (Recess taken from 8:11 p.m. to 8:19 p.m.) PARK COMMISSION COMMENTS — PAUL PESEK, REPRESENTATIVE Pesek stated the Park Commission is compiling a tree ordinance, looking at the possibility of creating a dog park in Navarre or at the Zero Gravity Skate Park, and training for every commissioner. Pesek commented that the Planning Commission does not seem to have a clue of what is going on in Orono. Pesek indicated the Park Commission is also in the process of reviewing their maintenance budget and will be submitting it to the Council for their review in the near future. Murphy inquired how the Park Commission is going to determine the demand for a dog park. • Pesek stated the dog park would cost approximately $12,000 and that in his opinion the City should just go ahead and build it and see if it gets utilized. PLANNING COMMISSION COMMENTS — TRAVIS WINKEY, REPRESENTATIVE Winkey had nothing to report but indicated he would be available for questions. PUBLIC COMMENTS Adam LaFavre, 1535 Bohns Point Road, stated they have some issues dealing with a gate they would like to install on their property and that they would like to get this situation resolved. Gundlach noted this issue was discussed at the last City Council work session and that the City's ordinance currently does not specifically address the height of the gate between monuments. Gundlach indicated the Council discussed changing the code to read six feet as the maximum height of a gate. Gundlach stated there is a middle piece on the LaFavre's gate that does not meet the six feet restriction and that the party's contractor has been notified of the six -foot height restriction. Gundlach stated currently the city's ordinance allows a gate that is 42 inches in height and that the Council has agreed to increase it to six feet. The ordinance cannot be changed until a public hearing is held, which probably will not be until November. Gundlach noted the gates have been installed. • PAGE 6 • • MINUTES ORONO CITY COI Monday, Octc 7:00 o'cic (Public Comments, Continued) F THE CIL MEETING r 10, 2005 p.m. LaFavre stated the gates have been custom made and that they have pictures of approximately 20 residences that have gates in Orono. LaFavre stated he would like the gates for protection, and inquired what he needs to do in order to comply with the City's regulations. Gaffron stated this issue probably would not be resolved until January or February. Sansevere stated the safety factor was probably the gate height to six feet. Peterson stated a public hearing would be scheduled regarding the height of gates, but that the City is not Gaffron stated the earliest a variance application ordinance has been formally adopted. LaFavre inquired whether the other gate could be would like to have the gates installed for safety re Sansevere suggested the property owner speak with be reduced down to six feet. Peterson inquired whether the other gate could be fact. factor for increasing the maximum allowed the Planning Commission in November :ing the gates be removed at this time. d be made would be the end of January after the it and made operational. LaFavre indicated they manufacturer of the gate to see if the gate could and whether it would be considered after -the- Gaffron stated it sounds like there are two entrances with two sets of gates, which Staff was not aware of, but would reference the submitted plans. i LaFavre stated there are two driveways into the second gate is a little over seven feet tall. Sansevere inquired whether the gate would be seven LaFavre's contractor stated the panels of the gate are Sansevere suggested in the-future the contractor starting any work in Orono. Peterson stated Staff was not aware that there were LaFavre's contractor indicated he did submit plans Peterson recommended the contractor contact Staff , but indicated the other gate is smaller and the high from ground level. feet tall. the City regarding height restrictions prior to separate entrances with two separate gates. PAGE 7 the two entrances and the two gates. to try to resolve some of the issues. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT 4. #05 -3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST — PUD/DEVELOPMENT PLAN APPROVAL — DOCUMENTS AND RESOLUTION NO. 5387 Phillip and Gina Carlson, and Jeff Tropsik, Engineer, were present. Gundlach stated the City Council reviewed this application at their last meeting, with the application being tabled to allow the City Engineer and appropriate city staff to review the revised StormTech stormwater plan. The applicants are requesting final PUD approval to construct ten units of office condomiums on ten lots. After a comprehensive review of the StormTech plan, Staff and the City Engineer have determined that due to the continued maintenance required and the existence of an alternate, more efficient plan, it was not in the best interest of the City to allow the StormTech system and the applicants instead will be using the MN/DOT pond located at the northwest corner of Brown Road and Highway 12. Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5387, a Resolution granting general development plan approval for planned unit development NO. 2C for Interspace -West, Inc., including approving the Preliminary and Final Plat of Amber Woods Office Centre, Vacating Existing Drainage & Utility Easements and adoption of the PUD No. 2C Ordinance and Development Contract. VOTE: Ayes 5, Nays 0. *5. #05 -3115 WJM PROPERTIES, LLC, 2605 WAYZATA BOULEVARD WEST — CONDITIONAL USE PERMIT — RESOLUTION NO. 5388 Murphy moved, White seconded, to adopt RESOLUTION NO. 5388, a Resolution Granting a Conditional Use Permit and an Amendment to the Existing Industrial Site Plan Approval for the property located at 2605 West Wayzata Boulevard. VOTE: Ayes 5, Nays 0. 6. #05 -3121 NARROWS SALOON, 3382 SHORELINE DRIVE — CONDITIONAL USE PERMIT Cindy Sudheimer, Applicant; Sylvia Frank, Architect; and Jim Benshoof, Parking Consultant, were present. Gaffron stated the applicants are requesting city approval for an expansion of the Narrows Saloon in Navarre and a conditional use permit. They are currently operating a conditional use permit granted in 2000. The applicants are requesting an amendment of the existing conditional use permit to allow a 50' by 44' interior expansion of the bar /restaurant into the spaces previously occupied by a dry cleaner and Jul Ann Hair Fashions. In addition, the applicants are requesting an amendment of the existing conditional use permit to allow outdoor seating at the rear of the building, adjacent to the City owned PAGE 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. ( #05 -3121 Narrows Saloon, Continued) parking lot but within the applicant's property, measuring 837 square feet in area or approximately 32 additional seats. The Planning Commission initially reviewed this application and held a public hearing on June 20, 2005, at which time the application was tabled and the applicants were advised to revise plans. The Planning Commission subsequently reviewed a revised plan and held a second hearing on July 18, 2005, at which time the application was again tabled with the applicant given additional direction to provide further revisions and to provide a study of the parking situation. A third hearing before the Planning Commission on the application was held on September 19, 2005, at which time the Planning Commission voted 7 -0 to recommend approval of a conditional use permit for expansion of the saloon subject to the following: 1. The outside seating area at the rear of buildin ; be limited to 837 square feet and no more than 32 seats. I 2. Hours of operation for outside seating: No seating or alcohol to be allowed in outside area after 40 10:00 p.m. Sunday through Thursday evenings, 11:00 p.m. on Friday and Saturday evenings. This area would be open to smoking only after those hours. 3. There shall be no amplication or speakers outside the building, nor in the outdoor seating area, to limit any outdoor noise impacts. 4. The easterly access door to the outside seating area from the restaurant, shall not be bifold but shall be a self - closing door to eliminate direct noise /music impacts to the outside area. 5. Conditional use permit approval shall be subject to a specific written condition that the use be reviewed after one year of operation. I Gaffron stated the property is zoned B -1 Retail Sales Business District, with the proposed expansion of the existing Class H Restaurant use requiring an amendment of the existing CUP. Gaffron noted the expansion would not go outside the structure of the building except for the outdoor seating area. Gaffron stated the existing restaurant use in this area appears to be consistent with the intent of the Comprehensive Plan, which is to provide for commercial businesses that serve area residents. Gaffron stated an issue has been raised during the public hearings whether the use after the proposed expansion will be consistent with the City's policies and goals. Gaffron read the pertinent policy statements for consideration by the Council. Gaffron indicated the Planning Commission did discuss the possible regional draw of the entertainment aspects of the expanded use. Council should consider! whether the expansion may push the size or •magnitude of the use beyond the scale that is compatible with the surrounding neighborhood. The Planning Commission concluded that it would. I PAGE 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. ( #05 -3121 Narrows Saloon, Continued) Gaffron stated the hardcover for this site is at nearly 100 percent. The proposed bermed planting area abutting the outdoor seating has the potential to reduce hardcover by approximately 150 square feet or down to 98.9 percent. No new hardcover is being added, but the vestibule converts 88 square feet of pavement to structure. Gaffron pointed out Orono ordinances require that parking be provided at a rate of one stall per 80 square feet of public floor area for a restaurant, cafe, bar, tavern, etc. Because the Narrows' property is relatively small, only a small number of parking stalls currently are available on site, and this will be reduced to no more than three to four stalls when the outdoor seating area is developed. The majority of the current and future parking needs for the Narrows must be met offsite, primarily in the municipal lot behind the property. Gaffron stated the Navarre municipal parking lot was acquired and improved in 1964 -1965. The businesses that back up to the parking lot were originally assessed for the improvements to it based on their amount of frontage on a traveled street. The Narrows' site was assessed for 104.5 feet of frontage or eight percent of the total frontage assessed. At the time of assessment, no commitments were made that Staff can find that would apportion specific numbers of parking stalls to specific properties. We do know that in 1983 the Council adopted Resolution No. 1594 that resulted from settlement of a claim by the former owners of 2385 Shadywood Road and granted variances that would allow an office building requiring credit of 26 parking stalls in the municipal lot. These variances were granted with a waiver of the one -year expiration, so the potential may still exist for that property to lay claim to as many as 26 stalls. As a result of concerns about whether the municipal lot has the capacity to serve the increased Narrows' parking demand, Planning Commission directed the applicant to complete a parking analysis. The applicant retained Benshoof & Associates, Inc., to conduct a parking study. The parking study aided in addressing two key parking questions: one, is the existing number of parking stalls in the public parking lot sufficient to accommodate the increased demand associated with the proposed saloon expansion; and two, will sufficient spaces remain available in the public parking lot to serve users of other properties that rely upon this parking lot. The study reviewed the existing available parking and notes that 129 spaces are available in the municipal lot with 30 additional spaces available on private properties that abut the lot. More importantly, the study reviewed existing peak parking demand as well as future parking demand during the same peak times. The peak times reviewed were the Friday noon period, Saturday noon period, and Saturday evening. The existing peak demands at these noted time periods are 65 vehicles during the Friday noon period, 59 vehicles during the Saturday noon period, and 67 vehicles during the Saturday evening period. The future demand, taking into consideration the Caribou Coffee use and the proposed Narrows expansion as well as the other existing uses, was projected at 115 parking stalls during the Friday noon period, 93 stalls during the Saturday noon period, and 122 stalls during the Saturday evening period. PAGE 10 MINUTES jOF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. ( #05 -3121 Narrows Saloon, Continued) The conclusions of the study indicate there is adequate parking available and that there are 30 parking stalls available on private property that were not included in the study but remain available for users of the businesses, now and in the future; and the peak parking demand for the Narrows will be Saturday evenings, when a very low parking demand is experienced for the other businesses. The City's traffic consultant reviewed this parking sti conclusions. One, the study did not address the parki . municipal lot based on the square footages of particul of parking lot usage at certain peak times. Two, the s the other businesses might generate should they re -de demand of the proposed expanded Narrows' operatioi Gaffron stated the Council should consider the 1. How or whether use of the municipal lot establish a fair apportionment; • 2. Whether the fact that the striping is substan many stalls would be lost by restriping it to 3. Whether the demands of an expanded businesses and entities using the lot; and provided a number of findings and required by City code for the various users of the uses. Rather, the study focused on actual counts ly did not address the potential parking demand lop, and how that correlates to the parking ild be apportioned to the various users and how to and is a factor in the functionality of the lot; how t code; will cause parking issues for the existing 4. Whether approval of an expanded Narrows' operation will ultimately limit the future expansion or redevelopment of businesses that rely on the lot, or have negative impacts on the level of non - business uses of the lot. Gaffron stated the applicants have not proposed any additional signage. With the proposed expansion, the applicant would now be permitted 112 square feet of total signage with a single sign not to exceed 50 square feet. . I Gaffron indicated a number of concerns were raised during the public hearings and include the following: liquor accessibility to outdoor patrons; control of patron overflow to parking lot or surrounding neighborhood; noise impacts to neighborhoods to thejnorth and south from open doors, exterior speaker systems, late night motorcycle traffic; overnight parking, and litter in the municipal lot. While a few of these issues have been addressed by building design and site planning, other issues cannot be addressed by building design and could potentially be addressed through conditions attached to the CUP or the liquor license. Gaffron stated the issue of whether the Narrows Saloon was in compliance with the 2000 Conditional Use Permit was also discussed. The current CUP contains six specific conditions of approval: PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING, Monday, October 10, 2005 7:00 o'clock p.m. ( #05 -3121 Narrows Saloon, Continued) The applicant shall install a two -door system at the rear entrance to meet all State Building and Fire Code standards. The purpose of the doors would be to allow customers to enter and exit the building without allowing noise to leave the building. They should be spaced so one door would close before the second door is opened. All doors shall remain closed at all times, except when entering or existing the building. 2. Live entertainment will end at 12:30 a.m. each night and the Saloon shall close at 1:00 a.m. each night. 3. The front door shall not be used as an entrance during the period of time the building is used for live entertainment. A one -year time period is required for the applicant to monitor the use of the building and the front entrance. After one year, the City of Orono will review the use of the building in relation to the live entertainment and noise levels generated by the live entertainment use. • Gaffron noted there have been complaints received that the doors have been propped open and noise goes out into the neighborhood. Gaffron stated this concern could be addressed by a different door design and by the Narrows' management. • 4. The property is subject to the sign ordinance for temporary and permanent signs. No signs can be located on or outside the building without receiving a permit from the City of Orono. 5. Noise shall be held to a level as to not be in violation of the Noise Ordinance. 6. The sale of intoxicating liquor requires the business have a valid liquor license with the City of Orono. Gaffron noted a history of the liquor license applications has been provided to Council. Gaffron indicated the applicant would be required to apply for revisions to the current liquor license in conjunction with any approved expansion. Gaffron noted a moratorium was adopted by the City Council in July with respect to development in the Navarre area. The Council indicated at the time the moratorium was adopted that the Narrows application was not intended to be subject to the moratorium; however, the language of the moratorium ordinance erroneously does not specifically exclude the Narrows, or any other properties, for which a zoning application was made prior to the moratorium effective date. Staff recommends the following issues be considered by the Council: 1. Is the proposed location of the use in accord with the objectives of the Zoning Code and the purposes of the B -1 District and the Comprehensive Plan? 0 PAGE 12 MINUTES�: OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. ( #05 -3121 Narrows Saloon, Continued) 2. Will the location of the proposed use and the proposed conditions under which it will be operated or maintained be detrimental to the public health, safety welfare, or be materially injurious to properties or improvements in the' vicinity? 3. Is the proposed use compatible with the surrounding business district and residential neighborhoods? If not, what aspects of the use make it incompatible? What methods are available to mitigate those aspects? 4. Is the proposed use supported by adequate infrastructure, primarily access and parking availability? How will other users of the municipal lot be affected by the expansion? How might the expansion affect future development or reinvestment in Navarre? Mayor Peterson inquired whether the applicant had ai Sudheimer stated she had nothing to add at this time 1 reflect the changes that were recommended. to add at this time. indicated they have revised their plans slightly to Frank stated they have incorporated the requested changes, noting they have reoriented the trash area and •converted the folding door from the restaurant out to the patio door to a swinging door. In addition, the height of the wood fence was increased to six feet on !the plan. Frank displayed a revised plan depicting the patio area and exterior of the rear of the building ;and the front of the building showing the plantings along the street. Sansevere stated he has a concern regarding the pai Police Department back in March of 2004. Sansev, in the Orono municipal lot at 1:15 a.m., which is in Sansevere noted the plans identify a private party a. area during the day. Sudheimer stated that area was created to allow the bar and the music. g in the area, referencing a report from the Orono stated the report mentions 60 to 70 vehicles parked ;ess of what the parking study indicates. and inquired whether that is a normal restaurant s to enjoy the restaurant without being exposed to Sansevere stated it was his understanding that the restaurant area was going to be expanded but it appears there is a larger area for music being created. Sudheimer stated the area of the bar will still have that wall separating it from the restaurant area and that the pool table might be eliminated. Sudheimer stated that area is separated from the bar. Sansevere stated it was his impression the area from the pool table was open. Sudheimer stated a doorway is being added and that the full wall is remaining. Sudheimer stated wherever the tile ends is where the wall will remain and a portion will be open to serve as a doorway to the bar. McMillan commented it appears the wall would be partially removed. PAGE 13 MINUTES OF TEE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. i ( #05 -3121 Narrows Saloon, Continued) Frank stated she was asked to remove the wall on the plans to allow access by the waitresses. Frank stated she could revise the plans to show that wall. Sudheimer stated it is her intention to leave the majority of that wall. Sansevere stated he still has a concern with the parking and future uses of the other occupants of the buildings in that area. Sudheimer stated all the neighboring business owners except one did sign a petition indicating they are in support of the expansion. Murphy stated he also has a concern with the adequacy of the parking in the area, noting that the new Caribou Coffee will be creating a bigger demand for parking. Murphy stated the municipal parking lot is being maxed out under this proposal and that the main entrance will continue to be the entrance off of the parking lot, which exacerbates a whole series of issues detailed in the police chief's report received today. Murphy stated there appears to be a considerable amount of activity that occurs in this area which requires police department involvement.. • Gaffron requested the report of the police chief be provided to the applicant and to staff. Sudheimer indicated she has not seen the report. Sansevere inquired whether this is normal amount of activity for this type of establishment. Police Chief Good indicated she is not able to answer that. Murphy stated parking is an important consideration in this application, but that the City's Comprehensive Plan is a guide for this area and how the Navarre area should develop in the future. Murphy stated he does not feel'this expansion will help create a pedestrian friendly environment. Murphy stated another concern is the added draw of people to this establishment once the expansion is completed. Murphy stated given the bands that are lined up to play at this establishment, there may be an issue that people from outside the Navarre area will be drawn to this area and that it does not fit with what the comprehensive plan calls for this area. Frank stated in her view the parking lot is not as efficiently laid out as it could have been, noting that there are a number of areas that could be more efficiently used, which would increase the number of parking stalls. Murphy pointed out the stalls are substandard in that lot. Murphy indicated he visited the hardware store . this past weekend and had difficulty finding a place to park. Murphy stated there are a lot of four -wheel drive vehicles with trailers that are taking up two spots. PAGE 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. ( #05 -3121 Narrows Saloon, Continued) Frank stated parking appears to be a big issue for the businesses in this area, and recommended that the City review the layout of the parking lot. Peterson indicated the number of stalls might decrease; if they are striped according to code. Peterson stated she also concurs with Council Members Sansevere and Murphy regarding the parking in this area, but that her biggest concern is the atmosphere of the community and how the Narrows Saloon started as a neighborhood bar but is now turning into an establishment that is drawing from a wider region. Peterson stated it might be time to consider relocating the Narrows Saloon where more parking is available on site. i Sudheimer stated in her opinion this establishment willl continue to improve and attract more people. Sudheimer stated any successful business is going to attract people whether the Narrows Saloon or another business is located on this site and that the panting lot is going to be full. Peterson stated noise from motorcycles is also a •Sudheimer stated in the summertime motorcyclists drive out to the lake and that more motorcyclists frequent Lord Fletchers than their establishment. Murphy stated the type of clientele would change if the kind of music being played changed. Sansevere stated he was under the impression that the expansion was being driven by the restaurant side of the business. Sudheimer stated it is difficult to tell from this print, restaurant area. McMillan inquired what the numbers would be for is 145. that there is a wall separating the bar from the restaurant. McMillan noted the current occupancy Frank stated for the restaurant 15 square feet per occupant is being taken into consideration. The building consists of 698 square feet, for a total of 247 occupants for the entire building, which also includes the outside seating area. Frank stated the storage and kitchen areas also have occupants that are included in the calculation, which brings the total up to 265. White stated parking management is one of the City needs to do a better job of managing the p� fairly with the parking even if it is a municipal tant ways to help support businesses and that the in this area. White stated everyone has to be treated a lot. PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. ( #05 -3121 Narrows Saloon, Continued) White stated the Navarre area is undergoing some rapid changes and that the City is looking at future development in this area. White stated the City has to plan carefully for the future of this area and that the City at the present time has no alternative area designated for parking. White noted the Metropolitan Council is requesting that the city increase the amount of transit parking spaces in their municipal lot and that they are also considering other changes with the transit system for this area. White stated it is difficult to allow one business to use up the majority of the parking when many issues are undetermined at this point in time. White commented the City has to deal with the Metropolitan Transit and the neighbors and that the bigger picture needs to be taken into consideration. White noted that the report indicates that one business has 26 designated parking spaces, which needs to be dealt with. Gaffron noted there is not a termination date listed in the resolution for those parking spaces. White recommended the person be given 12 months to apply for a permit, and if no permit is applied for during that time, that the right to use the parking spaces will terminate. • White reiterated the whole picture should be taken into account and that in his opinion it is too early in • that process to approve this application. McMillan inquired whether the type of music would change with the expansion. Sudheimer stated at this time she does not plan to change the type of bookings, but noted that during the week only two piece musicians are allowed and that the full bands are only booked on the weekends. Sudheimer indicated she is trying to keep it more low key during the week as well as increase the food sales. McMillan stated the Council does have a concern with the music drawing people from outside the Navarre area, which would change the Narrows Saloon from being a neighborhood bar into more of a regional entertainment spot. Sudheimer stated her focus is not the entertainment aspect. McMillan inquired what the motivation is for the outdoor seating area. Sudheimer stated with the smoking ban, people now stand or walk around the building smoking, and that she is trying to confine them into one area. Sudheimer stated their business also decreases in the summer because people like to sit outside. Sudheimer indicated since she purchased this property she has wanted to have an outdoor seating area. L.J PAGE 16 MINUTES ORONO CITY COX Monday, Octo 7:00 o'cla ( #05 -3121 Narrows Saloon, Continued) McMillan stated she has some concerns regarding: will probably keep the people outside more than if appreciates the efforts the applicants have gone thr White inquired how the expansion would change the Sudheimer stated it would depend on the day of the she has approximately six employees and that she is with the expansion. McMillan inquired whether the exterior of the Sudheimer stated she wanted to add some trees along it more aesthetically appealing. THE �IL MEETING -10,2005 p.m. se from the outdoor area and that the seating area :y just went outside to smoke. McMillan stated she h to revise their application. situation at this establishment. Sudheimer indicated currently during the day how many employees would need to be added would be improved. street and redo the front of the building to make Sansevere inquired what the focus of this expansion is if it is not the music. • Sudheimer stated they would like a bigger kitchen, events like birthday parties and anniversaries. • Sansevere inquired whether there is any plan to scale is rather loud at times, which is not always restaurant Sudheimer stated she has been working with the outdoor patio area, and additional room for special the music aspect. Sansevere stated the music technicians to try to decrease the noise level. McMillan noted Staff has had to expend extra effort ii order to get the Narrows' liquor license renewed each year. Sudheimer stated she would be handling the liquor past applications. Murphy inquired why Mr. Anderst could not be Sudheimer indicated he had to take care of other in the future but that she could not speak to the tonight. Murphy commented he would have preferred that Anderst be present tonight. Murphy stated in his opinion this expansion is trying to put too much on this site. Murphy stated the City has heard from a large number of people from the neighborhood and t at they have a number of concerns regarding the expansion. PAGE 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. ( #05 -3121 Narrows Saloon, Continued) Sansevere stated the parking issue is a difficult item to overcome even if the music was diminished or eliminated. Sudheimer stated she understands the parking situation and that all the business owners rely on the public lot for parking. Sudheimer stated any type of growth or development in that area is going to require parking. Sudheimer commented any type of business that is successful at that location is going to require parking. White stated the City has to take into account the impact this expansion will have on the neighborhood and that he would like to look at the entire area. McMillan stated it is difficult to look favorably on expanding this business when there is no parking available on site and that the majority of the parking is located within the municipal parking lot. Sudheimer commented all the business owners in that area rely on the public parking lot and that the previous businesses in that building also utilized that lot. • Evonne Paige, 3493 Crystal Place, stated the people who live on Lyric Avenue have lived there quite a • while and have not complained about the parking. Page stated the increased number of seating would mean an increased number of parking stalls needed. Page inquired whether the value of the homes on Lyric would decrease if cars park on their street regularly. Page indicated the expansion does not fit into the character of the neighborhood. Page stated she lives two blocks away and can hear the Narrows Saloon some nights and Lord Fletchers some nights. Page questioned whether someone would want to purchase her property if this expansion is allowed. Sansevere stated he would not support parking along those streets and that parking would be disallowed during those hours. Murphy stated that would be an enforcement issue. Lois Hudlow, 3438 Lyric Avenue, stated the City has put parking spaces along the edge of the park and questioned whether anyone would be utilizing that parking from the bar. Hudlow stated she also has a concern regarding her property values. Chuck Nadler, 2509 Kelly Avenue, indicated he has resided in this area since 1984, and that in his view this application should be denied because the expansion takes this establishment outside the character of the neighborhood. Nadler stated the parking for all these businesses cannot be supported by city code. Nadler commented he is happy that the City is addressing the future development of Navarre. Dave Hardten, 2515 Kelly Avenue, stated the residents would like a sense of scale for the Navarre area and the size of an establishment for this area. Hardten stated in his view this expansion is outside the . scope of what is allowed under the B -1 zoning. Hardten stated in his opinion it would be difficult to enforce the drinking on the outdoor patio area. PAGE 18 MINUTES, OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. ( #05 -3121 Narrows Saloon, Continued) Syliva Bertagnoli, 2499 Kelly Avenue, indicated she resents the noise from the saloon and that her peace and quiet is extremely important to her. Bertagnoli indicated she has paid taxes in Orono for the past 40 years and that she is glad the Council is listening to the residents of the area. Thomas Lowe, 3295 Carman Road, inquired what the fire code capacity of the proposed building is, including the outside seating. I Gaffron stated the 265 would include the inside, the outside and the expansion. Gaffron inquired whether that is the number that the fire marshal arrived at. Sylvia Frank stated that is what has been calculated based on the square footage of the building. Frank stated the occupancy for a restaurant is calculated at 115 square feet per occupant and storage is figured at 300 square feet. Frank stated it is unlikely there would be any occupants in the basement. Murphy stated the 15 square feet per person has a lot "of different aspects and that at times it may exceed the 265. •Frank stated the building code tries to make a reasonable assessment of what the likely occupancy load would be. 0 Marsha Freis, 2914 Casco Point Road, stated Monday through Thursday different acts are booked but they are still national acts. Freis stated she used to waitress and that it is difficult to ask a party to move after a certain hour and questioned whether the people in the outdoor seating area would go back inside after 10:00. Freis stated the outdoor patio creates the�potential for loud conversations. Freis pointed out the parking study was done on one weekend along with the noise study and does not give a true picture. Chris Johnson, 1200 Phillips Drive, stated in his vie vY the parking issues have been fairly well covered, but noted he has the same concerns that have already been raised. Johnson indicated he is the owner of the hardware store. Sansevere inquired on a busy weekend day how utilized by his customers. Johnson stated approximately 15. yof the spots in the municipal parking lot are I Police Chief Good stated the liquor license that was provided to the establishment is only good for the space that was applied for at the time, which would necessitate the need for another liquor license application. Good indicated she has not seen any paperwork for a new liquor license. PAGE 19 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. ( #05 -3121 Narrows Saloon, Continued) Good stated the loud motorcycle complaints typically are not written up and that every arrest takes one to two officers off the streets and that there might be a need to increase police resources if the expansion is approved. Sheryl Patten, 3405 Livingston Avenue, stated she has a concern with the noise and the motorcycles and that the expansion will bring more people to the area, which will create even more noise. Ward Edwards, 2474 Carman Street, thanked the Council for listening to the people. Dick Edwards, 2480 Carman Street, stated he has lived there for 50 years and that the biggest problem is the noise from the bar and the amount of motorcycles that frequent the Narrows Saloon. Edwards stated the traffic in the area is a problem and concurred that the City needs to take a broader look at this area. Murphy stated generally a six -foot fence does not surround outdoor seating and that there simply is not enough room on this lot to accommodate what is being proposed. Murphy questioned whether this is really a good location for outdoor seating. Sansevere stated the outdoor seating area does not bother him but that he cannot overcome the parking • issue. Sansevere stated in his opinion the music hurts the restaurant side of the business. Sudheimer inquired whether she could have her application tabled to allow her to look at her options. Murphy suggested the application be denied. Sansevere stated he would not be opposed to tabling the application. Gaffron stated the applicant would need to request an extension in writing before November 14`11 . Sansevere moved, Peterson seconded, to table Application #05 -3121, Cindy Sudheimer and James Anderst, Narrows Saloon, 3382 Shoreline Drive, at the request of the applicant. VOTE: Ayes 4, Nays 1, Murphy opposed. 7. #05 -3136 TROY RROITZMAN,1860 SHORELINE DRIVE — VARIANCE AND CONDITIONAL. USE PERMIT Troy Broitzman, Applicant, was present. Curtis stated this application was tabled at the September 26"' Council meeting, with the applicant being directed to revise his plans to be a better fit into the character of the immediate neighborhood and into the • character of the city as a whole. The applicant has proposed a slightly smaller home, with floor plans and elevation drawings being submitted for a home with a 5,146 square foot footprint and a total square PAGE 20 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 • 7:00 o'hock p.m. ( #05 -3136 Troy Broitzman, Continued) footage of 12,014 square feet of livable space plus a 1,683.9 square foot attached garage. With this revision, the applicant has indicated that by reducing the size of the footprint and removing the two -sided walkout, the proposed site grading will be reduced. Curtis noted the driveway has been relocated off of, Heritage Drive and the parking area on the west is now located approximately 21 feet from the side lot'line, which allows for the appropriate screening. The Planning ommission voted 3 -4 to recommendea roval of the lot width variance and to recommend g .� Pp approval of the conditional use permit based on the previous plans. This motion failed. A second motion to approve the lot width variance and to deny the conditional use permit was made and passed 4 -3. The applicant has revised the floor plans and elevation views of the proposed home. The applicant has indicated that the proposed site grading will be reduced from the previous plan. If Council is satisfied with the revised plans, the applicant should be directed to provide a revised survey reflecting the plans along with a revised grading and drainage plan. The City Engineer should review this plan prior to final variance and conditional use permit approvals. 'I - I Since the Planning Commission recommended deni Council refer these revisions back to the Planning C • would recommend that in order to allow ample time' application should be referred to the November 215c comfortable with the revisions of the house plans ar application back to the Planning Commission, Staff review the revisions in the survey, grading and draii Sansevere stated he is in support of Staff's recomm� Commission pending review by the City Engineer. White inquired whether the amount of excavation Curtis stated the applicant has indicated it has been Staff has not seen formalized plans showing the red White stated he likes the access off of Heritage Dri, setback. Gaffron demonstrated where the average lakeshore the question becomes whether it is reasonable to us setback. Gaffron stated there appears to be minima _ owners. Peterson concurred that this application should be s }s' . •. inquired whether both walkouts have been eliminat i1 of the previous plan, Staff would recommend the ommission for their review. Additionally, Staff for the city engineer to review the revisions, the Planning Commission meeting. If the Council is d wishes to grant approvals without referring this would recommend the City Engineer be given time to cage plans prior to the granting of final approvals. tion to refer this application back to the Planning the site has been reduced at all. reduced with the revisions. Curtis stated White inquired about the average lakeshore etback would be located on this lot. Gaffron stated the next property over as the average lakeshore impact on the lake views of the adjoining property back to the Planning Commission.. Peterson PAGE 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. • ( #05 -3136 Troy Broitzman, Continued) Broitzman stated they have been. Sansevere inquired what the grading would be reduced to. Broitzman stated the grading would be reduced to approximately 1,000 to 1,500 cubic yards. Broitzman indicated he would not know the exact amount until the engineering is completed. Broitzman stated the height of the house has also been reduced by 2.5 feet by moving the house forward and would still conform to the 30 -foot height requirement. Gaffron pointed out the deck would also need to meet the average lakeshore setback. Mayor Peterson inquired whether there were any public comments on this application. There were no public comments regarding this application. Broitzman noted the amount of grading being proposed at the present time is for the house only and not the driveway. Broitzman stated the driveway would need to be engineered. Broitzman stated if the house is slid back any further, it would increase the amount of dirt that would need to be removed. White stated he would like to see some larger trees planted in the area where the other trees were removed. White commented the, trees would also help to increase the value of the home. Broitzman stated he has been told by a number of real estate agents that they would remove the trees that he did since they blocked the view of the lake. McMillan stated it is the applicant's choice to plant trees in that area, noting that it is outside the 0 -75' zone. Murphy concurred this application should go back to the Planning Commission, and inquired when Staff would see real building plans rather than a computer generated plan. Murphy stated this lot is probably one of the last remaining pristine spots on Lake Minnetonka and strongly recommended that the applicant hire a qualified local architect to determine what would best fit on this lot. Broitzman stated the only issue that the Planning Commission had was the amount of fill, noting that the vote was split on the motion. Broitzman stated he has concerns that the Planning Commission has different views on this application than the Council does and that he is not able to please both bodies. Sansevere pointed out the vote of the Planning Commission is a recommendation only and that it does not guarantee the Council will vote the same way. Sansevere commented the City Council generally does concur with the recommendation of the Planning Commission. t Y, «. PAGE "22 ORONO CITY C Monday, O 7:00 of ( #05 -3136 Troy Broitzman, Continued) Peterson stated she prefers the access off of Heritag reducing the size of the house. Peterson stated she the lot and that she would prefer a smaller structure Sansevere stated he is in agreement with the Stephen Charrier, 1910 Heritage Drive, stated the he neighborhood than further back on the lot. Charrier property and the applicant's, which helps to screen 1 Peterson noted Charrier's wife had concerns Broitzman stated the footprint of the house is approi 1600, for a total of 5100 square feet. Broitzman inq OF THE INCIL MEETING ber 10, 2005 ck p.m. and that the applicant has taken some good steps at .11 has some issues with the amount of massing on n this lot to better fit in with the neighborhood. of Mayor Peterson. in the proposed location is less intrusive to the iicated there are a number of trees between his structure. the massing on the lot. . ;ly 3400 square feet and the garage is around how much more the house should be reduced. Sansevere suggested designing the house to blend i'more with the neighborhood. Peterson pointed out there are no properties in that area that have a four -stall garage. Murphy commented the design of the house should fit in with the rest of the neighborhood. Morris Nelson, 1900 Shoreline Drive, stated he is ii has compiled a list of million dollar homes and that listed over a million dollars. Nelson stated he woul to his. White inquired whether the resident would like to Nelson stated he would. White stated given the amount of money being could be designed. full support of a nice project. Nelson indicated he here are 33 homes currently on the market that are be happy to have a multi - million dollar house next a house with more character. t on the home, a more aesthetically pleasing house Peterson stated a home with more character might be more appealing to the Council. Peterson indicated she personally does not like the design of the home McMillan encouraged the applicant take the time utilizes quality materials. design a home that is aesthetically pleasing and Broitzman stated he has been a builder for over 13 ,years and that he takes great pride in what he does. Broitzman indicated his last house was construct4in Austin and that a top priority of his is energy • efficiency. Broitzman pointed out this house is 40 percent more energy efficient than what the code requires and would only cost $67 per month to heat. PAGE 23 II MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. • ( #05 -3136 Troy Broitzman, Continued) Murphy stated the point that he is trying to make is that the applicant should take into consideration that he is building on one of the. most pristine pieces of land in the Midwest and recommended that a qualified architect be consulted. Curtis noted an extension in writing would need to be submitted by the applicant. Peterson moved, Sansevere seconded, to refer Application #05 -3136, Troy Broitzman,1860 Shoreline Drive, back to the Planning Commission. VOTE: Ayes 5, Nays 0. 8. #05 -3149 TRINITY LUTHERAN CHURCH, 2060 SIXTH AVENUE NORTH — CONDITIONAL USE PERMIT Peterson moved, Murphy seconded, to table Application #05 -3149, Trinity Lutheran Church, 2060 Sixth Avenue North, at the request of the applicant, to the November 14, 2005 City Council meeting. VOTE: Ayes 5, Nays 0. • *9. #05 -3151 GARY AND SANDRA BARON, 3619 NORTH SHORE DRIVE — VARIANCES — RESOLUTION NO. 5389 Murphy moved, White seconded, to adopt RESOLUTION NO. 5389, a Resolution granting lot width, lot area, lake setback, and hardcover variances for the property located at 3619 North Shore Drive. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT White stated in his view it is inappropriate for the Park Commissioner to lecture the Council on how inept the Planning Commission is. White stated in his opinion the Planning Commission is going a good job. Murphy commented that also happened two weeks ago with another Park Commissioner. McMillan noted that commissioner was commenting on a specific application. McMillan stated she would be willing to call the Commissioner and discuss the situation. White stated he has been informed that it costs the City of Minneapolis $30,000 for each dog park. Sansevere commented the Planning Commission in his view does a marvelous job and that it is unusual • that the Council differs from the recommendation of the Planning Commission. PAGE 24 ,-A n U MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. (Mayor /Council Report, Continued) Winkey pointed out on the Narrows Saloon application, the parking demand for that business tends to be at different times than the other businesses in the area. I Winkey stated the applicants have made a number of concessions on their application. Sansevere commented the Narrows Saloon does serve lunch, which would create a demand for parking during the day. White stated the parking situation in this area could change with a different business and needs to be closely looked at. White commented the City of Orono does not have the police force available to handle a large fight at the Narrows Saloon, noting that the Or, no police chief submitted a long list of previous complaints concerning the Narrows Saloon. Winkey stated it is important the Planning Council would like addressed. Sansevere stated in general the Planning Commission the council would like to see addressed on each a-oDlic Murphy stated the City Council has more latitude in Commission does and that there will be some disaar McMillan indicated she appreciates the effort the have a good understanding of the issues that the have a good understanding of the issues that ig applications than the Planning at times. Commission takes on each application. Curtis noted the neighbors did not come forward on the Broitzman application at the last Planning Commission meeting. Murphy noted there is a ribbon cutting ceremony at 2;00 p.m. on Friday, October 14, for the opening of the Brown Road Bridge. PUBLIC SERVICE DIRECTOR'S REPORT *10. REQUEST FOR FINAL PAYMENT — WEBBER HILLS EXTENSION SANITARY SEWER PROJECT Murphy moved, White seconded, to approve Request for Final Payment, Webber Hills Extension Sanitary Sewer Project to E.J. Mayers, Inc., in the amount of $967.35. VOTE: Ayes 5, Nays 0. PAGE 25 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2005 7:00 o'clock p.m. *11. BROWN ROAD NORTH/COUNTY ROAD 6 SANITARY SEWER PROJECT ASSESSMENT — RESOLUTION NO. 5390 Murphy moved, White seconded, to adopt RESOLUTION NO. 5390, a Resolution Reducing the Brown Road North/CR6 sewer extension assessment for 2100 Sixth Avenue North. VOTE: Ayes 5, Nays 0. *12. 755 DICKEY LAKE DRIVE SANITARY SEWER EXTENSION ASSESSMENT — RESOLUTION NO. 5391 Murphy moved, White seconded, to adopt RESOLUTION NO. 5391, a Resolution adopting the 755 Dickey Lake Drive Sanitary Sewer Extension assessment roll. VOTE: Ayes 5, Nays 0. *13. WEBBER HILLS SANITARY SEWER EXTENSION ASSESSMENT —RESOLUTION NO. 5392 Murphy moved, White seconded, to adopt RESOLUTION NO. 5392, a Resolution adopting the • Webber Hills Sanitary Sewer Extension Assessment Roll. VOTE: Ayes 5, Nays 0. *14. 25 BROWN ROAD SOUTH SANITARY SEWER CONNECTION ASSESSMENT — RESOLUTION NO. 5393 Murphy moved, White seconded, to adopt RESOLUTION NO. 5393, a Resolution adopting the 25 Brown Road South Sanitary Sewer Connection Assessment Roll. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT Gaffron stated Staff did a final tree inspection on the Eric Vogstrom property on Casco Point Road. Gaffron stated there are some discrepancies with the landscape plan that was submitted and that some of the trees were supposed to be moved back further on the property. Gaffron stated the planted trees range from 9 to 10 feet rather than the 12 feet directed by Council. Gaffron recommended two more six -foot trees be planted to make up for the shorter trees. Peterson inquired whether Staff would be checking annually to verify that the trees have not been cut down. • PAGE 26 . s MINUTES OF THE ORONO CITY COUNCIL MEETING • Monday, October 10, 2005 7:00 o'clock p.m. • • (City Administrator's Report, Continued) Curtis stated there is a letter of credit that the City will be holding for three years to insure that the trees are not cut down. Murphy stated in his view the trees should be taken out and replaced with the right size trees. White noted the planting season is almost over and have started to develop new roots. It was the consensus of the City Council to require VC CITY ATTORNEY'S REPORT Attorney Rolfe Worden had nothing to report. *15. LICENSES TEMPORARY ONE DAY ON -SALE LIQUOR the trees have been in place for over a month and to plant two additional six -foot trees. 1. Hope Chest for Breast Cancer Foundation Hope Chest for Breast Cancer, 3850 Shoreline Drive Thursday, October 20, 2005 Murphy moved, White seconded, to approve the above license. VOTE: Ayes 5, Nays 0. *16. (BILLS Murphy moved, White seconded, to approve Nays 0. ADJOURNMENT Sansevere moved, Peterson seconded, to adjourn October 10, 2005, at 11:15 p.m. VOTE: Ayes 5,1 ATTEST: Linda S. Vee, City Clerk of the All Funds account. VOTE: Ayes 5, Orono City Council meeting of 0. Barbara Peterson, Mayor PAGE 27