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MINUTES OF THE ORONO CITY COUNCIL MEETING November 10, 2014 7:00 o’clock p.m. _____________________________________________________________________________________ Page 23 of 31 (9. #14-3695 DAVID FOX, 1095 FERNDALE ROAD WEST – VARIANCE RENEWAL – RESOLUTION NO. 6463, Continued) Levang stated the Council may want to look at that as well. Mattick stated the previous discussion was that since the application has already been reviewed once, it will not require as much Staff time to review. McMillan stated she was under the impression that it was a new application since the extension expired even though nothing had changed. Mack stated there is some Staff time involved because reports have to be written and notices sent. Curtis stated Staff time is less in this situation but that there would still be a public hearing at the Planning Commission level. McMillan noted she was not in favor of requiring a certain color for the house but that she is not going to request the resolution be changed unless the applicants request it at some point. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6463, a Resolution Granting Variances to Municipal Zoning Code Sections 78-305, 78-1279, and 78-1288, and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-966, for the property located at 1095 Ferndale Road West. VOTE: Ayes 4, Nays 0. (Recess taken from 9:10 p.m. to 9:14 p.m.) 10. ELECTRONIC CIGARETTES – ORDINANCE NO. 126 AND 127 Mack stated before the City Council tonight is a draft ordinance adding regulations and defining the use of E-cigarettes. The ordinance would also prohibit the sampling of E-cigarettes in places where nicotine delivery device products are sold and requiring a license for their sale. Mack indicated the regulations will go hand-in-hand with tobacco products, which is how other communities have been handling these laws. The ordinance would amend Chapter 50 of the Orono City Code. Mack stated applications for tobacco annual licensure are normally sent out at this time of year, which makes this timely. McMillan noted electronic cigarettes can be sold in Orono but that they would fall under the same regulations as tobacco and that sampling of E-cigarettes would not be allowed. Mack stated if the Council approves this, they would be following suit with many other communities in Minnesota. Mack noted the Minnesota Legislature has given communities the option to enforce these particular rules on this type of product but did not mandate it as they have with tobacco. Levang asked if the City has had any applications for a vaping lounge. Mack stated they have not.