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HomeMy WebLinkAbout10-25-1999 Council Minutes0 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Charles Kelley, Barbara Peterson, Richard Flint and Bob Sansevere. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, Senior Planning Coordinator Michael Gaffron, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:01 p.m. CONSENT AGENDA ( #1) APPROVE /AMEND Items 4, 6, 7, 8, 12, and 14 were added to the Consent Agenda. Flint moved, Peterson seconded, to approve the Consent Agenda as amended. • VOTE: Ayes 5, Nays 0. ( #2) SALLY KOENECKE, LAKE MINNETONKA CABLE COMMISSION - 2000 PROPOSED BUDGET Sally Koenecke and Tim Pattrin, Lake Minnetonka Cable Commission, were present. Pattrin addressed the City Council regarding their budget for the year 2000, noting that the Lake Minnetonka Cable Commission has recently negotiated a new agreement with Triax Cablevision. Pattrin stated that a new studio facility has been constructed in Spring Park to replace the facility in Excelsior. With the recent addition of Mound to the Lake Minnetonka Cable Commission as well as the PEG fee, revenues generated by the Lake Minnetonka Cable Commission have increased. Mayor Jabbour thanked Sally Koenecke and Tim Pattrin for their efforts on the Lake Minnetonka Cable Commission. Pattrin commented that the proposed legislation to eliminate franchise fees at the local level would cause the local franchises to be without a source of revenue, local control over easements would be lost, and it would be difficult for a consumer to receive adequate service. Flint inquired whether cable tv will be playing a part in bringing additional media services into the • private residence. Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 ( #2 Lake Minnetonka Cable Commission, Continued) Pattrin stated in his view cable «ill just be a small part of the package in the future as it relates to the communication/media business. Pattrin stated the system will be upgraded to a 750 megahertz system, replacing the current 400 megahertz system, which will enable the viewer to access 75 to 80 channels. Internet access is also planned. Kelley moved, Flint seconded, to approve the Lake Minnetonka Communications Commission Year 2000 Budget. VOTE: Ayes 5, Nays 0. Pattrin remarked that one of the aspects of the new contract is the availability of fiber usage at a lower rate. Koenecke stated she would like to thank Ron Moorse, City Administrator, for participating in the Tonka Report every month. APPROVAL OF MINUTES *( #3) REGULAR COUNCIL XIEETING OF OCTOBER 11, 1999 • Flint moved, Peterson seconded, to approve the minutes of the Regular City Council meeting of October 11, 1999, as submitted. VOTE: Ayes 5, Nays 0. • PARK COMMISSION COMMENTS - Andrew McDermott, Representative McDermott addressed the City Council regarding the receipt of a letter from the Saga Hill Preservation Society inviting the City Council to an awards banquet in appreciation of the City's efforts to preserve the Saga Hill area. McDermott indicated he was impressed with the progress made on the Saga Hill Park to date, noting that he has not heard any negative comments concerning this park to date. McDermott stated that there is ample interest in improving the Navarre Park, noting that several local neighborhood meetings have been held with the local residents and that work is underway on a concept plan for this park. The Parks Commission is also exploring the possibility of construction of a half -court basketball court at Casco Point Park. McDermott stated that they are considering other uses for this park since only a small portion of the park is being utilized at the present time. McDermott extended his thanks to the Hennepin Park System for their improvements to the Crystal Bay Road Trail as well as the «work along County Road 6. Mayor Jabbour commented that Dr. Adam, along with his neighbors, have spent a considerable amount of time cleaning up a section of Big Island. Jabbour thanked them for all their • Page 2 • ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 (Park Commission Comments, Continued) efforts at helping to clean up this area, and invited the members of the community to take pride in their community. LAKE MINNETONKA CONSERVATION DISTRICT - Lili McMillan, Representative L:ili McMillan addressed the City Council regarding the efforts of the Lake Minnetonka Conservation District and the formation of a Task Force to review the activities that have occurred on Big Island this past year and possible implementation of regulations to maintain better control of this area. McMillan stated that unfortunately the sheriffs department is not in a position to give this area high priority and that Orono will need to rely more on their local police department to help police this area. McMillan stated that there is a case under appeal right now which the LMCD is contesting dealing with an arrest by a volunteer special deputy. Mayor Jabbour commented that the use of the special deputies is a very effective way to police this area. • McMillan stated another issue that has arisen is residents desiring to access the lake through the wetlands, which will need to be reviewed closer in the future. McMillan stated that the DNR would prefer that a longer dock would be installed versus dredging of the wetland. • Mayor Jabbour stated a work session has been held recently to discuss stormwater management where some of these issues were raised. McMillan commented that there is grant money available to Cities who desire to restore the lakeshore, which could perhaps be obtained. PLANNING COMMISSION COMMENTS - Sandy Smith, Representative Sandy Smith stated she had no comments at this time but would be available throughout the evening for any questions by the members of the City Council. PUBLIC COMMENTS David Lovelace, 15331 Excelsior Boulevard, Minnetonka, suggested that the boundary between the boats be changed to reduce the number of boats along Big Island. Mayor Jabbour stated that item will be discussed at a meeting on Thursday morning. Page 3 s ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 ZONING ADMINISTRATOR'S REPORT • *(#4) 42519 MATTHEW AND ROBIN STALOCH, 4705 WATERTOWN ROAD - VARIANCE - RESOLUTION NO. 4366 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4366, a Resolution Granting an Amendment to a Variance to Permit Construction of an Accessory Structure Between the Principal Building and the Street. VOTE: Ayes 5, Nays 0. ( #5) 92522 BANCOR GROUP, INC., COUNTY ROAD 6 AND WILLOW DRIVE NORTH - PRELIMINARY PLAT OF WILLOW VIEW Marty Campion and David Newman, Bancor Group, Inc., were present. Weinberger stated that the Applicant has submitted an application for a 58 acre parcel located at the southwest corner of County Road 6 and Willow Drive North. The Planning Commission and City Council has reviewed the proposed development as a sketch plan. Weinberger stated that the preliminary plat application requires a number of approvals for the subdivision, namely, rezoning of the property which is currently zoned RR -1B. The Applicants are requesting that the property be rezoned to R -IA to allow one acre per unit density and to • develop the property as a Planned Residential Development. The surrounding properties to this site include two acre density east of Willow Drive, low density residential north of County Road 6, the Orono School Campus, with the future middle school site to the west, and possible townhome or office use along Highway 12 and Kelley Parkway to the south. It may be appropriate to utilize this property as a buffer zone between the mixed uses surrounding the proposed development. Development of this site as a PRD would allow for the creation of conservation outlots along County Road 6 and Willow Drive, with the highest density of lots being located within the interior of the property. The Planning Commission has reviewed this application and is recommending denial on a six to zero vote based on the following: One, the Planning Commission is not in a position to change the Comprehensive Plan; two, if the property is rezoned, it should be to provide an alternate housing style or provide for a housing need not currently being met; and three, the proposed number of lots may be too dense. Weinberger noted that municipal sewer and water are available to this site, with the proposed development of the property taking advantage of the services available. Weinberger stated that the Applicants have provided three revised concept plans based on the recommendations of the Planning Commission and comments from the adjacent property owners Mayor Jabbour indicated that he would rather not review the revised concept plans at this time due to the fact that a public hearing has not been held which would enable the general public to comment on the revised concept plans. Jabbour noted that the City Council generally follows • the recommendations of the Planning Commission and that their input is desired before a decision Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 • ( #2522 3ancor Group, Continued) is ma ie on any application. N: mean stated that he agrees philosophically with what Mayor Jabbour is saying, but that in I i opinion there is not a need for another public hearing to discuss the revised concept plans since .1� Bancor Group has taken the recommendations and comments from the neighbors into account when revising the concept plan, which is the purpose behind a public hearing. Newman stated he .as met with Johnston, one of the residents representing a number of the neighbors, and reviewed the revised concept plans with him. The suggested changes by Johnston have been incorporated into the revised concept plans as well, with the revised concept plans being distributed to the adjoining property owners. Newman commented in his opinion it would be appropriate to look at the revised concept plans at this time since the directions of the Planning Commission and comments from the adjoining property owners have been taken into account when the new plans were being developed. Mayor Jabbour reiterated that he would like the input from the Planning Commission on the revised plans before the City Council proceeds on this application. Flint commented that he would also like the input of the Planning Commission before this item is discussed further. Flint indicated that at this time he would not be in favor of rezoning the • property. Sansevere stated that he attended the Planning Commission meeting when this item was discussed and that he would like to get input from the Planning Commission and the general public before he makes a final decision regarding this application. Mayor Jabbour inquired of the City Attorney whether the rights of the Applicant would be violated if the City Council does not proceed forward with this application at this time. Tom Barrett, City Attorney, stated due to the inconsistency with the Comprehensive Plan, the City Council has the right to deny the application. Barrett stated the issue before the City Council at this time is whether the property should be rezoned. Barrett inquired whether a formal request for rezoning of the property has been received by the City. Weinberger stated that as part of this application the Applicant is requesting rezoning of the site. Barrett indicated that rezoning is mainly a political judgment based on the direction that the members of the City Council would like to see the City go. Newman commented that he would be willing to waive any judicial rights if the City Council wishes to return this application to the Planning Commission. Mayor Jabbour stated that it would be his preference that this application go back before the Planning Commission. Jabbour commented that his vote will not be persuaded due to the popular opinion of the residents, but will be based on what is best for the City of Orono. Jabbour stated Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 ( #2522 Bancor Group, Continued) it is his opinion that rezoning of the property for this type of housing is not the best option for the City, noting that it impacts the adjoining properties, an alternate type of housing is not being provided with this development, and there is a lack of open space being proposed with the subdivision. Newman stated that the plan being presented tonight is different due to the comments of the public and the Planning Commission, noting that the Bancor Group is willing to address the concerns and desires of the residents of Orono. Newman remarked that he was not aware that there was adequate support for alternate style housing on this site. Mayor Jabbour commented that he feels the City Council should adhere to the Comprehensive Plan as well as being proactive in identifying the future needs of the community. Jabbour stated that he would be willing to vote on the rezoning issue at this time, but that his preference would be to resubmit this application to the Planning Commission so the proper public process may be followed. • Flint commented that in his view the issue of rezoning should be looked at jointly with what the developer is proposing rather than separately. Flint stated that the area is zoned two acres and should not be rezoned until a PRD application is submitted that shows a compelling reason to change the zoning in this area. Newman stated that the poor soil conditions and high water table are two reasons behind the • proposed higher density. Kelley stated that a PRD does make sense for this particular parcel of property. Newman remarked that they have taken numerous steps to develop a plan that would be suitable for this property. Newman inquired whether any portion of the application fees on this application would be refundable if they decide to resubmit a new application. Moorse stated that a portion of the fees may be refundable, noting that he is unaware at this time how much of the application fee has been expended. Mayor Jabbour suggested that a vote on the rezoning be taken, with a new application being submitted that is more in compliance with the Comprehensive Plan. Jabbour moved, Peterson seconded, to deny the portion of Application #2522 dealing with rezoning of the property located at County Road 6 and Willow Drive North based on the recommendation and comments of the Planning Commission, with the portion of the application dealing with the subdivision being tabled at this time, with resubmittal to the Planning Commission for their review and comment. Weinberger stated that this application is also requesting an amendment to the comprehensive plan. • Page 6 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 • Jabbour amended his motion to include denial of the comprehensive plan amendment to guide the land use designation from two acre density to one acre density. Peterson seconded the motion. Mayor Jabbour inquired whether there were any public comments regarding this application. There were no public comments. VOTE ON MOTION: Ayes 5, Nays 0. *(#6) #2531 ROGER AND ELIZABETH OLSEN, 815 PARTENWOOD ROAD - RENEWAL VARIANCES - RESOLUTION NO. 4367 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4367, a Resolution Granting Renewal of Variances to Allow Remodeling and Expansion of the Existing Residence Located at 815 Partenwood Road. VOTE: Ayes 5, Nays 0. *( #7) #2538 ROB AND TORI JAFFRAY, 540 BARRETT AVENUE - VARIANCE - RESOLUTION NO. 4368 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4368 a Resolution Granting Variances to Permit Construction of Dormers on the Second Story of an Existing Residence Located at 540 Barrett Avenue. VOTE: Ayes 5, Nays 0. • *( #8) #2541 PAUL PHILLIPS, 2140 SIXTH AVENUE NORTH, FINAL PLAT OF PHILLIPS WOODLAND TERRACE THIRD ADDITION - RESOLUTION NO. 4369 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4369, A Resolution Approving the Plat of Phillips Woodland Terrace Third Addition. VOTE: Ayes 5, Nays 0. ( #9) REQUEST FOR DOCK ACCESS - DAVID LOVELACE, 220 BIG ISLAND David Lovelace, Applicant, was present. Weinberger stated the Applicant is requesting dock access to his property located at 220 Big Island. Back in April, 1999, the City Council granted a lot area variance for this property to permit the construction of a seasonal dwelling on the property. As of today's date, the City has not received a request for a building permit from the Applicant. The property is 4.3 acres in size and is landlocked. This property is one of several lots on Big Island that potentially will request dock rights. Weinberger stated that according to Municipal Code, installing, maintaining, keeping or using a • private dock on any platted public right -of -way, when such a dock has been specifically authorized as part of a permit issued by the Council, is allowed. Not more than one seasonal dock Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 ( #9 Request for Dock Access, Continued) • will be approved for access to any one property. City Staff is looking for direction from the City Council on development of a dock policy relating to inland lots on Big Island without lake access. The Code states that these issued permits are to be valid for one year and shall be subject to change, alteration or revocation for cause by the City Council at any time, and shall be automatically renewable on the anniversary of the date except upon written notice from the City to the permittee at least 30 days prior to the anniversary date. Weinberger stated that any formal requests for permits on Big Island do require a public hearing with the Planning Commission or the City Council and notice to all adjacent property owners within 350 feet. Weinberger remarked that the issues for the City Council to discuss tonight include whether dock rights should be for other property owners without any other access. Some of the parcels on Big Island are held in common ownership but are not combined for tax purposes into one tax parcel. Potentially the individual lots could be sold to several owners that may request access in the future. The permit approved by the City Council per Resolution No. 2038 permitted a dock in favor of property located at 230 Big Island. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be revoked immediately. Lovelace stated he understands the concerns of the City Council, noting that there is currently a • dock access that has been granted by the City. Mayor Jabbour commented that that dock access would need to be revoked if a new dock access is granted. Lovelace stated that he would not object to sharing this boat access with the adjoining property owners. Mayor Jabbour stated that according to LMCD code, the dock must be located 25 feet from the property line. Sansevere inquired how many boats could be accommodated on that 90 foot parcel. Mayor Jabbour stated that a minimum of six boats, which should take care of the landlocked parcels. Jabbour stated the general public has access to the lake through City- oNNned docks and that the City Council should recognize the present laws governing docks. Lovelace stated he was aware at the time he purchased this property that the land was landlocked and that the City has an ordinance allowing the landowner to request dock access. Lovelace stated he is requesting a permit to allow the dock access, and that an option would be to share dock access with the adjoining neighbors. • Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 • ( #9 Request for Dock Access, Continued) Gaffon stated an issue to be reviewed is whether the roadways constructed on Big Island were intended for general public access or whether they were constructed to provide access to the properties. Gaf &on stated a number of complaints have been received regarding security due to the general public utilizing those roads. Kelley commented he would be in favor of a dock at this location, with the Applicant being required to have the license renewed yearly. Lovelace acknowledged that maintenance of the dock would be his responsibility and that he would retain the appropriate liability insurance coverage. Sansevere inquired how maintenance of the dock would be handled if there were multiple owners. Mayor Jabbour stated that a homeowners association would need to be created to oversee the dock. Jabbour suggested that a dock be provided, with a public hearing being held to enable the local citizens to comment on this issue. Lovelace stated that some of the residents of Big Island do currently share docks. Lovelace acknowledged that he is not legally permitted to leave his boat at a public dock for an extended period of time. • Kelley suggested that the length of the dock be limited. • Mayor Jabbour stated that the dock should not exceed 24 feet. Moorse indicated that City Staff will prepare a resolution outlining the items discussed for review and approval by the City Council. MAYOR/COUNCIL REPORT Mayor Jabbour indicated that a number of meetings regarding consolidation of Long Lake and Orono have been held, with issues dealing with land use currently being discussed. Jabbour stated that a member of the consolidation committee pointed out that the City Council does not have the authority to deny an application if it is in compliance with the City's Comprehensive Plan and Ordinances. Jabbour invited the general public to attend the consolidation meetings. Flint inquired what progress has been made on the Dakota Rail to Trail project. Mayor Jabbour stated that the October 14th deadline has been extended 30 days. Jabbour stated it was his understanding the railroad will cease to operate at that time. Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 (Mayor /Council Report, Continued) Mayor Jabbour commented that the City Council had authorized the Mayor and City Administrator to enter into negotiations with Paul and Kathleen Larson to purchase approximately a 2.5 acre parcel at 3790 Shoreline Drive to be dedicated as park land. Authorization is needed to permit the Mayor and City Administrator to sign the purchase agreement. Barrett stated that there should be a resolution of the City Council authorizing the City Administrator to enter into the puchase agreement. Kelley moved, Sansevere seconded, to approve the purchase of property at 3790 Shoreline Drive at a cost of $160,000, with funding from the Building Outlay Fund, and to amend the 1999 Building Outlay Fund budget to reflect the expenditure. Flint questioned why the monies were not being allocated out of the Park Dedication Fees. Moorse commented that the Park Dedication Fund does not contain sufficient funds at this time. Flint remarked that the allocation could be considered a loan. Barrett stated any time the City utilizes Park Dedication Fees, there is an assumption that the land will be dedicated for park land and not for any other purpose. Mayor Jabbour stated that the City needs to be absolutely sure that this land will be used as park land in the future, noting that the property owner has been notified that the intent of the City Council is to designate this as park land. Jabbour stated that there is a possibility that the land will be split in the future. Flint commented that the City is interested in creating a park in this area, and that perhaps acquisition of other parcels of property in this vicinity could also be obtained. Barrett stated that in his opinion any time the City designates a piece of property as park land, there is a strong public policy that protects that land, and if the City is interested in having some flexibility with the land, allocation of the purchase funds out of the general budget rather than the park dedication fund would enable the City to have some flexibility with the land. VOTE ON MOTION: Ayes 5, Nays 0. Jabbour moved, Kelley seconded, to adopt a resolution to authorize the City Administrator to execute the purchase agreement for the purchase of property at 3790 Shoreline Drive on behalf of the City of Orono. VOTE: Ayes 5, Nays 0. ENGINEER REPORT Tom Kellogg, City Engineer, had nothing to report. Page 10 • ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 CITY ADMINISTRATOR'S REPORT ( 910) 200 HOLLANDER ROAD - CONCERNS OF PROPERTY OWNER Moorse stated that the property owner is unable to attend tonight's meeting. Kelley commented that this is the second time this item has been on the Council's agenda. Mayor Jabbour commented that the property owner is free to contact the members of the City Council at any time, but that he should continue to bring this property into compliance. Flint inquired whether the City will proceed forward with action to bring this property into compliance as stated in the October 8, 1999 letter from Lyle Oman. Moorse stated that the City will proceed with bringing this property into compliance with the property owner being assessed or billed for any costs incurred by the City in enforcing the zoning code. ( #11) PURCHASE OF LAND MANAGEMENT SOFTWARE (GOVERN) • Moorse stated that City Staff is requesting authorization for the purchase and installation of new land management software to make the system Y2K compatible. City Staff is recommending purchase and installation of Govern and ArcView Land Management software. • Sansevere questioned the costs associated with assessment and requirements analysis, noting that this is a majority of the costs. Moorse stated that the price is based on the amount of time the vendor is expecting it will take to implement the system. Moorse stated that he has received good comments regarding this system from other communities. Kelley inquired whether the budget surplus is sufficient to cover these costs. Mayor Jabbour pointed out that some of the surplus has been designated towards the expenses associated with reviewing the possibility of consolidation of the two cities. Moorse indicated that the funds allocated towards this purchase are anticipated to be repaid back over the next four years. Flint moved, Kelley seconded, to approve the proposal from GeoAnalytics for the purchase and implementation of Land Management Software (Govern and ArcView) at a cost of $51,080.00, to be funded from the Improvement and Equipment Outlay Fund, and to approve a budget adjustment to reflect the expenditure. VOTE: Ayes 5, Nays 0. Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 *( #12) RESOLUTION IN SUPPORT OF COOPERATIVE HOUSING EFFORTS IN • THE LAKE AREA - RESOLUTION NO. 4370 Flint moved, Peterson seconded, to approve and adopt RESOLUTION NO. 4370, a Resolution in Support of Cooperative Efforts Among the Lake Area Cities to Meet the Area's Housing Needs. VOTE: Ayes 5, Nays 0. ( #13) UPDATE ON SEPTIC REGULATIONS Moorse indicated he would like to discuss this item at a work session. Gaffron stated that Chris Pence has drafted a memorandum regarding the changes to the Minnesota On -Site Sewage Treatment Code. Gaffron stated that one of the changes to the Code will require the operating permit to be valid in five year increments, with the homeowner being required to renew the operating permit every five years. Gaffron recommended that the City Council review this document carefully. Mayor Jabbour requested this item be scheduled for a work session. *( #14) ACCEPT DONATION FOR JUVENILE LIAISON OFFICER COMPUTER Flint moved, Peterson seconded, to accept a donation in the amount of $1,978.00 from the Orono School District for the purchase of a laptop computer to be utilized by the Juvenile Liaison Officer. VOTE: Ayes 5, Nays 0. ( #15) IDENTIFICATION OF WORK SESSION DATES The City Council elected to schedule December 2nd and December l Oth as work sessions. The City Council scheduled a work session at 5:00 p.m. on November 22nd. CITY ATTORNEY'S REPORT Tom Barrett, City Attorney, requested an executive session to give an update on the County Road 6 right -of -way acquisition. ( #16) LICENSES On Sale Liquor License Application - 3380 Shoreline Drive (Jimmies Lounge) James Duane Anderst, Applicant, was present. Moorse stated that the Police Chief has conducted a background investigation in reference to • Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 • James Anderst and his application for transfer of liquor license held by Jimmies Lounge. The City Council needs to make a determination whether the transfer of the license should be approved. Sansevere commented that in his view there appear to be some inconsistencies in the memorandum issued by the Police Chief. Moorse stated that the violations do not constitute a basis for denial under the Statutes, but that these violations do raise some concerns that should be looked into. Mayor Jabbour commented his understanding of the memorandum is that the Police Chief is not able to give a good recommendation to transfer the license. Anderst indicated that he was willing to discuss the allegations contained in the police report. Mayor Jabbour inquired what the City Council is permitted to discuss regarding this application. Tom Barrett, City Attorney, stated that the question whether to deny would probably be covered under 34A, 402.3 of the Statutes, which states that you are not required to grant a license to a person not of good moral character. Barrett commented that the Applicant has given the members of the City Council permission to discuss this incident. Mayor Jabbour inquired of the Applicant whether he was giving the City Council permission to ask him any questions regarding this incident with the understanding that this information will become part of a public record. Anderst stated that he is willing to discuss this incident Sansevere stated he has some concerns about the transfer of the license given the Applicant's past criminal history. Anderst stated that the incident referred to in the police report occurred in 1994, noting that the case was dropped twice by the prosecuting attorney before he finally entered into a plea agreement on the third occasion. Anderst stated that he finally pleaded guilty to the charge due to a lack of money available to contest the allegations any further and because he wished to end the matter. Anderst commented, in hindsight, he would not have entered into the plea agreement and would have maintained his plea of innocent. Anderst stated that he did provide the Police Chief with the names of three character witnesses, who were not contacted. Moorse stated he was unsure why the references were not contacted in relation to this application. Mayor Jabbour commented that he would like the Police Chief to contact the Applicant's references. . Sansevere stated he is in agreement with Jabbour and that the references should be contacted. Page 13 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 ( #16 Licenses, Continued) Flint remarked that he has some questions he would like answered by the Police Chief concerning the police report. Mayor Jabbour inquired whether the Applicant would be willing to table this to enable the Police Chief to contact his references and to appear before the City Council regarding this application. Anderst indicated that a delay in voting on this matter will cost him additional money, noting that he would need to renew the purchase contract to see whether he would still be able to buy the property. Barrett indicated that the City Council is not able to grant a conditional license. Peterson stated she would not be opposed to approving the transfer of the license. Peterson moved, Jabbour seconded, to approve the transfer of the liquor license to James Duane Anderst for Jimmies Lounge. NO VOTE TAKEN. Flint moved, Sansevere seconded, to table the On Sale Liquor License Application by James Anderst to enable the Police Chief to review this matter further. VOTE: Ayes 3, Nays 2, Peterson and Jabbour Opposed. Sansevere stated he would like additional information from the Police Chief before voting on this issue. Mayor Jabbour commented that the majority of the City Council would like to speak to the Police Chief regarding the police report. Flint inquired whether this item could be discussed in the work session on November 4th. Moorse indicated that this item could be scheduled for November 4th. Mark Schaeffer, Lake Elmo business owner, stated he was requested to be a character witness by James Anderst, noting that the Applicant is intending to improve the property and turn it into an attractive place. Schaeffer indicated that he has known the Applicant for the past five or six years. Anderst stated that his other character witnesses are not here tonight. Flint requested that the character witnesses be requested to appear at the Nvork session on November 4th. • Flint moved, Sansevere seconded, to amend his motion to continue this matter to the City Council work session on November 4th. VOTE: Ayes 4, Nays 1, Peterson Opposed. • Page 14 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 25, 1999 0 *( #17) BILLS Flint moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Flint moved, Peterson seconded, to adjourn the meeting at 10:09 p.m. VOTE: Ayes 5, Nays 0. There being no further business, the meeting was adjourned at 10:09 p.m. Gab 'el Jabbour, Ma r ATTESTt Linda S. Vee, City Clerk • • Page 15