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HomeMy WebLinkAbout06-10-2013 Council Minutes � o MINUTES OF THE ` ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Cynthia Bremer, Aaron Printup,and Lizz Levang. Representing Staff were City Administrator Jessica Loftus,Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron,Planning Coordinator Melanie Curtis, Finance Director Ron Olson, Public Warks Director/City Engineer Jesse Struve, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 o'clock p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 10, 11, 12, 13 and 14 were added to the Consent Agenda. Levang moved,Printup seconded,to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION OF MAY 28,2013 Levang moved,Printup seconded,to approve the minutes of the Orono City Council work session � of May 28,2013,as submitted. VOTE: Ayes 4,Nays 0. *3. REGULAR CITY COUNCIL MEETING OF MAY 28,2013 Levang moved,Printup seconded,to approve the minutes of the Orono City Council meeting of May 28,2013,as submitted. VOTE: Ayes 4,Nays 0. PRESENTATIONS 4. 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT Dennis Hoogeveen and Michelle Hoffman,Clifton, Larson,Allen,were present. Hoogeveen noted the audit recently done of the City's finances provides reasonable but not absolute assurance regarding the accuracy of the financial statements. The audit included the implementation of GASB 62 and 63, which were adopted in 2012 but had minimal impact on the audit for this year. The audit also included the use of significant accounting estimates for useful life of assets,valuation of investment, and post-employment benefits. Hoogeveen noted that they did receive the full support of management during the audit and that the City has been issued a clean or unqualified opinion on the financial statements. As a result of the City needing to follow the government audit controls, a report on internal controls must be issued, and in that regard two exceptions were noted,which are the same two that have been reported in the past and are quite common in smaller cities. Hoogeveen commented the City overall does a good job of monitoring and modifying their internal controls when necessary. As it relates to the Minnesota legal compliance regulations, the City had no exceptions noted for 2012. Page 1 of 32 r MINUTES OF TAE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (4. 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT, Continued) Hoffman stated the first graph depicts the general fund- unreserved/unassigned fund balance for the past four years. The general fund did decrease by approximately $400,000 in 2012, which was a planned decrease by the City Council. The second graph depicts the revenue deposited into the general fund over the same period oftime and reflects approximately a$100,000 decrease in licenses and permits. Hoffman noted the City's residents did experience some storm damage in 2011 which accounted for the higher licenses and permit fees. Overall the general fund revenues remained consistent with the prior years. The third graph reflects the expenditures out of the general fund. Public safety decreased by approximately$100,000 but otherwise it was very similar to 2011. Overall there was a decrease in total fund balance,which was largely due to a decrease in the pavement management fund as a result of some projects undertaken by the City in 2012. As it relates to other governmental funds not included in the general fund,total revenue was approximately $1.5 million, which was basically the same as 2011. Hoffman noted the other fund expenditures for 2012 were $3.3 million as compared to $3.4 million in 2011. The largest increase in capital outlay expenditures mainly related to the Orono Orchard Road project and the pavement management fund. This was offset by a significant decrease in debt service expenditures. Overall the expenditures were very similar to prior years. As it relates to the enterprise funds, overall there was not a significant change between 2011 and 2012. Operating income in the water fund did increase slightly from 2011, stormwater remained consistent, and the sewer fund increased slightly. The main increase for the water fund was a slight increase in user rates � and usage. Hoffman stated as it relates to the graph entitled government-wide financial data,this incorporates all of the other graphs into one graph. The cash line did decrease quite a bit from the prior year but the chart does not include non-spendable assets, such as infrastructure. Cash reserves decreased but the City's capital assets increased and were mainly related to some road projects. Projection of future debt service envisions no additional debt service and is projected to decrease in each of the next five years assuming no new debt is taken out. The ta�c rate comparison according to the League of Minnesota Cities shows that the City of Orono is down around 15 percent,which is the lowest among neighboring communities as well as being significantly lower than the statewide city average. Orono is included in Region 11 and the graph shows that Orono is quite low compared to a number of similarly sized cities. Hoogeveen stated GASB 62 and 63 affected the terminology used in the government-wide and proprietary fund statements but will have no financial impact on the City. GASB 68 will become effective in 2015 and will require the City to report a net pension liability for their allocation of the state- administered pension plans. Hoogeveen noted this requirement is not as significant for a city as it is for a school district since the city only has PERA. Hoogeveen commented that funding of pensions in Minnesota is better than other states. Page 2 of 32 . S MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (4. 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT, Continued) The City of Orono received the GFOA certificate of achievement for excellence in financial reporting in 2011. Hoogeveen noted Orono tends to have a lot more historical information in their reports and the certificate is a testament to the City's goal to be comprehensive in their financial reporting. McMillan asked what fund balance percentage is desirable for the City. Hoogeveen stated a good starting point is the 50 percent range due to the timing of the City's tax receipts, but that there are good reasons to have it somewhat higher. Hoogeveen commented it typically comes down to the timing of ta�c receipts. Orono historically has had good fund balances and excellent control over expenditures. The City Council took no formal action on this item. 5. TOUR DE TONKA Tim Litfin, Minnetonka Community Education, stated he is here tonight to present some information on the 2012 Tour de Tonka as well as provide an update on the 2013 Tour de Tonka that is scheduled for Saturday, August 3. Liftin noted 2013 marks the eighth year for this event. The event starts and stops at the Westonka High School, with all the contestants leaving the high school at 7:30 a.m. The event has grown by 314 percent over the past seven years and riders range from 5-years- old to 83-years-old. The Tour de Tonka has riders from 212 different communities from 24 states. The largest number of riders came from Minnetonka,Minneapolis, Chanhassen, and Plymouth. There were a total of 487 volunteers in 2012,with 330 different rest stops being manned. Li�n noted the various local police and fire departments are instrumental in the success of the Tour de Tonka. For 2013, a 51-mile route has been added, but the event will also include 16, 26, 43, 77, and 100 mile options. The Tour de Tonka encompasses 22 different communities. Litfin played a video of highlights from past Tour de Tonka events. McMillan asked as the riders are coming out of Wayzata into Orono whether they would be traveling on County Road 15 or riding on the trail. Litfin indicated the riders will have a choice but that the majority of them elect to take the trail. The City Council took no formal action on this item. PLANNING COMMISSION COMMENTS—KEVIN LANDGRAVER,REPRESENTATIVE Landgraver reported the Planning Commission received some feedback at their last work session from Mike Gaffron on the comments from the City Council regarding the accessory uses and structures ordinance. The Planning Commission will be looking at alternative energy structures at the Council's request. Page 3 of 32 � MINUTES OF THE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (PLANNING COMMISSION COMMENTS—KEVINLANDGRAVER,REPRESENTATIVE, Continued) Landgraver indicated he is expecting a busy season for applications and that Denise Leskinen is doing a good job as the new chair of the Planning Commission. Landgraver stated he would be available for questions at tonight's meeting. PUBLIC COMMENTS Richie Anderson, 3205 Crystal Bay Road, commended the City for keeping its budget in line and for the improvements to Orono Orchard Road. Anderson noted in 2017 the City's expenditures will be $600,000 less than 2013 and that he is hoping his taxes will go down as a result. PLANNING DEPARTMENT REPORT 6. #13-3596 CITY OF ORONO,ZONING STUDY,ACCESSORY USES& STRUCTURES— ORDINANCE & SUMMARY ORDINANCE Gaffron noted at the May 28 meeting the City Council reviewed a draft of the proposed revisions to Orono code sections regarding accessory uses and structures. The revised draft tonight reflects the Council's and City Attorney's comments. The preamble to each residential district standards for accessory structures has been revised to reflect its applicability to accessory uses and structures. The preamble now reads: "Within any R-lA one-family residential district,the only permitted accessory uses and structures are the following." The listing of allowed accessory uses for each residential zoning district has also been revised. The separate listings for"attached private garages,""detached accessory buildings,"and "detached accessory structures"have been recombined into a single line item that reads as follows: "Detached private garages and buildings subject to the performance standards of this Chapter." This revision eliminates the potential use of"detached accessory structures"as a catch-all that could be interpreted as allowing virtually any accessory structure that is not listed. In addition,the listings for"private recreational sporting facilities"and"private recreational play facilities"have been combined into a single line item, reading as follows: "Private recreational facilities subject to the pertinent accessory structure location and height requirements of this Chapter." This change reflects that it is difficult to discern the difference between sporting facilities and play facilities and also difficult to determine whether certain facilities or equipment have impacts greater than others and thus requiring a lesser or greater setback. Under this new wording, all recreational facilities must meet the accessory structure setbacks. Those already subject to greater setbacks, such as tennis courts, pools,etc., remain subject to those greater setbacks. Page 4 of 32 , MINUTES OF THE ` ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (6. #13-3596 CITY OF ORONO,ZONING STUDY,ACCESSORY USES&STRUCTURES— ORDINANCE cP� SUMMARY ORDINANCE, Continued) A definition of"private recreational facilities"has been added to replace the separate definitions for sporting and play facilities and reads as follows: "Private recreational facilities means detached structures or equipment,whether stationary or mobile, such as swimming pools,tennis courts and sport courts, hockey rinks, hot tubs and spas,recreational fire rings,patios, barbecue pits and outdoor kitchens, playhouses and play structures, swing sets,trampolines, skateboard ramps, basketball hoops, batting cages, etc., used generally for recreation purposes for the convenience and use of the residents of the property and their guests. Gaffron noted"solar electric and solar thermal systems"and"geothermal systems"are removed from the list of allowed accessory uses in each district and will be covered as allowed accessory uses within a separate ordinance section on alternative energy systems. Staff will proceed to prepare a draft ordinance which is expected to be on the Planning Commission's agenda for a public hearing potentially as early as July. Gaffron noted that at the May 28 meeting,the Council concluded that the existing code building height limitations would govern all aspects or elements of a building with the exception of 3-foot parapet walls, HVAC cooling equipment, and elevator penthouses. These items should be allowed as height non- encroachments. As it relates to Ordinance Section 27,this section has been revised to allow flagpoles and small pump houses in the lakeshore setback zone. The Council was asked to consider an appropriate lakeshore setback for those structures and it was concluded that no setback should be required for these two uses. The language has been revised to merely require flagpoles to meet the principal structure side setback. Lock boxes and pump houses would still be subject to the accessory structure side setback requirement. Gaffron noted Ordinance Section 30 has been added which repeals the moratorium as of the effective date of this ordinance. With regard to residential trash and recycling enclosures,the discussion on May 28 suggested that providing for trash and/or recycling enclosures near the road was not necessary at this time. At some point in time the trash management provisions of Zoning Code Chapter 54 should be reviewed and revised if necessary with regards to screening. Gaffron stated the ordinance amendment is necessary and appropriate since the City's ordinances regarding accessory structures were originally formatted and adopted in 1967. Since that time there have been many additions and revisions to code sections affecting accessory uses but the basic formatting and predicate language has not been updated. The proposed ordinance revisions intend to update and further enumerate the accessory uses/structures allowed in the City of Orono rather than limit them. By specifically listing those uses that have always been allowed and referencing the standards which already apply to them,the City is establishing a much clearer picture of what the residents are allowed to do. McMillan thanked Mike Gaffron for his report and the fine work that Staff and the Planning Commission has done on this ordinance amendment. Page 5 of 32 � MINUTES OF THE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (6. #13-3596 CITY OF ORONO,ZONING STUDY,ACCESSORY USES cP� STRUCTURES— ORDINANCE&SUMMARY ORDINANCE, Continued) Levang asked if the Planning Commission discussed the trash enclosure section and whether they are okay with waiting on that section. Gaffron indicated there was a minimal amount of discussion but that in his view they are not opposed to that. Landgraver stated that is an accurate description and concurred that Mike Gaffron has done an outstanding job. Bremer asked if there is a reason why elevator towers and HVAC systems do not have a height restriction such as with the parapet walls. Bremer indicated she does not recall an issue with that coming up in the past but that the Council perhaps should discuss that. Gaffron stated typically HVAC equipment is located on the rooftop and that there are some screening requirements currently in the commerciaUindustrial districts. Residential structures typically do not have HVAC equipment on the roof unless it is a multi-family structure with a flat roof. Bremer commented you typically do not see that but it is possible that someone would do that if they had a narrow lot. Gaffron stated depending on the size of the building,the typical commercial HVAC equipment is 10 to 12 feet high and perhaps a lot less. Gaffron indicated he does not have a problem with incorporating some type of height limit on it but that he would need to do some further research on it. Loftus stated other communities go up to the height limit with elevator penthouses and then what they have done is attempt to put a percentage of the roof area that it can take up. Loftus indicated she has seen it limited to 25 percent of the roof area since it can start to take over the majority of the roof. Bremer stated she is not suggesting that action on the ordinance amendment be delayed tonight but that it is perhaps something the City could look at again in the future. Bremer asked if the ordinance limits the number of flagpoles someone could have on their property. McMillan stated it was her understanding it is limited to one. Gaffron stated Page 34, Section 27, limits it to one flagpole at a distance no less than the required principal structure side yard setback for the zoning district and one pump house no greater than 20 square feet in area and no higher than 48 inches in height. Bremer stated she raised that point because she wanted the City Council to understand the number of flagpoles was limited. McMillan asked if she would prefer one for the entire lot or only one for the 0-75 foot zone. Bremer indicated she would be fine with one flagpole in the 0-75 foot zone. Page 6 of 32 MINUTES OF THE � ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (6. #13-3596 CITY OF OROND,ZONING STUDY,ACCESSORY USES 8� STR UCTURES— ORDINANCE& SUMMARY ORDINANCE, Continued) McMillan noted flagpoles are allowed as an accessory use. Bremer stated she is in agreement with combing the two recreational terms and that you typically see fire rings within the 0-75 foot zone. Bremer stated the Council needs to be mindful that this could have an impact on people located on the lake. Bremer indicated they could always have a temporary structure that is removed out of that zone when not in use and that she is fine with the proposed language. Bremer noted there are a number of items that are not cemented to the ground and the list includes some items that are more temporary and some that are more permanent. Gaffron stated the other language that protects the City is the caveat at the end of each listing that says it must be something that must be customarily incidental to the use of the property. Bremer stated the language would limit the location of those types of structures. Gaffron noted swing sets now have to be 10 feet from the side lot line. The City does not require a permit for a swing set but they will now have to meet a 10-foot setback. Levang moved,Printup seconded,to adopt ORDINANCE NO. 106,Third Series,an Ordinance Adding and Amending Sections of Orono City Code Chapter 78,the Orono Zoning Code, Regarding Accessory Uses and Structures,and Repealing the Moratorium Enacted in Ordinance No. 96,Third Series,and to adopt SUMMARY ORDINANCE NO. 107,Third Series. VOTE: Ayes 4,Nays 0. 7. #13-3606 CHERYL CORYEA& RICHARD DEVLIN,3085 CASCO POINT ROAD, VARIANCES—RESOLUTION NO.6300 Cheryl Coryea and Richard Devlin, Applicants,were present. Curtis stated the applicants had requested setback variances from the front and side yard in order to connect their detached garage to the home with a one-story addition as well as raise and reorient the garage roo£ Connecting the garage to the home results in a change in the status of the garage as once connected to the home it would be considered to be the principal structure. Principal structure setbacks for the LR-1C district are 10-foot side yard and 30-foot front yard. In 1978,the City approved variances allowing the detached garage in its current location. As approved, it was to be 10 feet from the front and 10 feet from the side lot lines. It was constructed slightly closer to both lot lines and exists today 6.8 feet from the front property line and 9.5 feet from the side. At the May 28`�'Planning Commission voted 6 to 0 to recommend approval of the variances as requested. The Planning Commission further recommended that vegetative screening and architectural features be incorporated on the north side of the garage to break up the massing effects. Curtis noted that staff recommends approval of the requested variances and the incorporation of the Planning Commission's recommendations regarding vegetative screening and architectural features on the north side of the garage. The Council should consider adopting or amending the attached draft resolution. Page 7 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (7. #13-3606 CHERYL CORYEA &RICHARD DEVLIN,3085 CASCO POINT ROAD, VARIANCES—RESOL UTION NO. 6300, Continued) McMillan asked if the City has received a landscaping plan or drawings of the architectural features. Curtis indicated Staff has not received those. McMillan asked at what point in the process the recommendations of the Planning Commission would be approved. McMillan stated in the past the City has typically required applicants to provide plans in that regard prior to Council approval. Bremer stated the applicant may have been waiting to see whether that would be required. Richard Devlin stated by the garage they are planning on raising the earth upon the concrete wall to reduce some of the mass and that there will be some planting of trees at the earth level along with some other bushes or plants. Devlin indicated the Planning Commission asked if they would be agreeable to that and it was stated they would do so. Levang asked whether there would be a berm in that area. Curtis illustrated the concrete portion of the wall. Curtis noted Staff has not received a grading plan at this time. Printup asked whether the drainage has been reviewed by the City Engineer. Curtis stated the City Engineer would need to review the proposed grading plan. Levang asked if the City Engineer has any concerns about the runoff. Struve indicated he would not be able to comment on that at this time without a plan. Levang stated she would like that review to be done by the City Engineer prior to approving the application as well as the landscaping and architectural features that the applicants are proposing. McMillan asked if the Council is okay with the resolution subject to those items being provided. Levang indicated she is okay with the resolution but that she would like to see the plans prior to adopting it as well as a review by the City Engineer. McMillan stated the recommendations of the Planning Commission were good and that she would also like to see how the applicant intends to implement them. Devlin stated the recommendation was to raise the level of the earth, which was not their original plan, but that he is agreeable with that. Page 8 of 32 MINUTES OF THE � ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (7. #13-3606 CHERYL CORYEA &RICHARD DEVLIN, 3085 CASCO POINT ROAD, VARIANCES—RESOL UTION NO. 6300, Continued) McMillan asked if the applicant would be okay with coming back in two weeks with a more detailed plan. Devlin indicated he is not opposed to that. Printup moved,Levang seconded,to table Application#13-3603,Cheryl Coryea and Richard Devlin,3085 Casco Point Road. VOTE: Ayes 4,Nays 0. 8. #13-3605 BRIAN AND REBECCA HENNING,245 TONKA AVENUE,VARIANCES— PUBLIC HEARING Brian and Rebecca Henning,Applicants,were present. Curtis stated the home on the property was allowed to be constructed 30 feet from the rear property lie with a variance granted in 1994. Currently the applicants,who are the new property owners, are requesting a setback variance in order to construct a 14' x 14' deck, plus stair, from an upper level doorway on the south side of the home 30 feet from the rear lot line where a 50-foot setback is required. A 30-foot setback currently exists for the home. A minimal landing and stair were approved in 2012 in this location for egress by the building official. During Staff's review for the setback variance for the deck, Staff noted an 83 square foot shed located between the home and the street, 19.6 feet from the front lot line. This shed was constructed by a previous property owner and not the applicants. No permits exist for this shed and it exists in an illegal location. The applicants are requesting after-the-fact approval to allow the shed to remain in its current location. As this after-the-fact review was not initially part of the applicants' request,the City Council will need to hold a public hearing regarding this matter. The Planning Commission at its May meeting voted 6 to 0 to recommend approval of the setback variances to allow the deck. The Planning Commission also discussed the shed in question and how to address the illegal location. After discussion,the Planning Commission recommended that Staff should publish for a public hearing for the June 10 Council meeting so the Council could review and either approve the shed as an after-the-fact variance or deny the shed. Staff recommends approval of the setback variance to allow a 14' x 14' deck to be constructed with stairs 30 feet from the rear property line. Further, Staff recommends the Council open the public hearing for the after-the-fact variance for the shed location and receive any additional public testimony regarding the variance. Staff finds that the location of the shed does not appear to alter the character of the neighborhood or adversely impact adjacent properties. It may be reasonable to consider approving the location as it exists today. The Council should consider requiring the applicants to apply for an after-the- fact permit formalizing the shed location. Staff would recommend waiving the after-the-fact fee for the permit since it was constructed prior to the applicants purchasing the property. McMillan asked if anyone on the City Council has any issue with the deck. Levang indicated she visited the property today and that she does not have a problem with the deck. Page 9 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (8. #13-3605 BRIANAND REBECCA HENNING, 245 TONKA A VENUE, VARIANCES— PUBLICHEARING, Continued) McMillan noted there is some practical difficulty with the lot in regards to the deck. McMillan asked how the Council feels about the shed. Levang noted since there is no building permit and is located in an illegal spot,the shed should be removed or relocated. McMillan noted the City is generally pretty firm with not allowing an accessory structure in front of the principal structure and that there is no practical difficulty for allowing the shed. McMillan indicated they can hold the public hearing but that in her view it should not be approved. If this shed is approved, it would be difficult to deny anyone else from having a shed in their front yard. Levang indicated that is her issue as well with the shed. Bremer asked if there is a conforming location for the shed. Curtis indicated they could possibly move it to the rear of the property. Brian Henning stated they purchased the property last November with the shed in its current location and that they were unaware of any issues. It is a nice looking shed and matches the house. The topography of the lot is difficult to locate it anywhere else. The property is landscaped in the back and planted with shrubs and bushes,which makes it difficult to put a shed in that area without disturbing the plantings. Henning indicated they have looked at moving the shed and it is very expensive to do that. The property is well guarded from view by most of the neighbors and there are a number of trees in the area. The road is also a dead-end road with limited traffic. Henning indicated it would be a bit of a hardship to relocate it. McMillan stated the City is attempting to preserve the view from the road and not allow accessory structures in the front yard. While this particular shed is not that offensive, it would set a precedent and would create issues on other properties. McMillan opened the public hearing at 8:10 p.m. There were no public comments regarding this application. McMillan closed the public hearing at 8:10 p.m. Levang commented it is unfortunate that the applicants purchased the property with the shed in that location and did not realize it was not conforming. Levang stated the ordinances are there for a reason and that it is the responsibility of the City Council to uphold those ordinances. Printup indicated he is in agreement with Council Member Levang's statement. Printup commented it is a nice looking shed and asked when the shed was constructed. Curtis indicated she is not sure when it was constructed. Staff became aware of it when the survey was submitted. Page 10 of 32 MINUTES OF THE � ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (8. #13-3605 BRIANAND REBECCA HENNING, 245 TONKA A VENUE, VARIANCES— PUBLIC HEARING, Continued) McMillan asked if a building permit would be required for that size of a shed. Curtis indicated it would either be a zoning permit or a building permit. McMillan asked if it would also require a building permit even if it is in the back yard. Curtis indicated it would still require either a building permit or a zoning permit. If the shed is less than 120 square feet, it would require a zoning permit. Bremer stated if it had been in a conforming location, it would have been allowed. Printup asked how much a zoning permit is. Curtis stated to her knowledge it is $50. Printup asked how much the after-the-fact fee would be. Curtis indicated it would be double that$100. Bremer commented this is a tough situation given the limited view of the shed. Bremer indicated she is familiar with the area and that she did have a question about the shed when she saw the property. Bremer indicated she would be willing to allow the shed in its location since the neighbors are not opposed to it and also given the landscaping in the back if the rest of the City Council feels the same way. Bremer noted the Council has on a couple of occasions allowed a shed in the front yard but that was due to the topography of the yard. Levang moved,Printup seconded,to approve Application#13-3605,Brian and Rebecca Henning, 245 Tonka Avenue,and to direct Staff to draft a resolution allowing the deck. VOTE: Ayes 4, Nays 0. Levang moved,Printup seconded,to deny the setback variance for the shed located at 245 Tonka Avenue. VOTE: Ayes 4,Nays 0. Levang asked if the Council should set a date for when the shed needs to be removed. It was the consensus of the City Council that the shed should be removed or relocated within 60 days of tonight's meeting. Page 11 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. 9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT Luke Kujawa, Applicant,was present. Gaffron stated a boat club is a conditional use in the B-2 District. The applicant is a tenant of the property and is requesting an amendment of the existing conditional use permit to allow an increase in the number of slips allowed for boat club use from 20 to 30 on behalf of himself and the property owner Brown's Bay, LLC. The Planning Commission at its May meeting held a public hearing and accepted public comments. The residential neighbor to the immediate north and the commercial neighbor to the immediate south made comments favoring denial of the application. The Planning Commission recommended denial of the application by a 5 to 1 vote. The stated reasons for the denial recommendation varied among the commissioners and were not enumerated in the motion to recommend denial. Some of the reasons for denial that were discussed are as follows: 1. No increase in the use should be allowed until the ownership is resolved and site management responsibilities are clarified; 2. The applicant Mr. Kujawa needs to demonstrate a track record of properly using the residential properly; 3. Cannot support it given the neighbors' complaints; 4. The residential property is being used for commercial purposes;the residential property is in Poor condition; and there are liability questions given the questions regarding ownership. The commissioner voting against the denial motion noted that tabling the application would allow for the applicant to address public relations issues and open lines of communication between the parties. The property at 1444 Shoreline Drive(Your Boat Club)has been operated as a commercial marina for many decades and has undergone a number of significant changes over the years,the most significant being a complete redevelopment of the site approved in 1989. In that approval,the City acknowledged a parking plan that made use of 26 parking stalls located on the two residentially-zoned properties located at 1440 and 1442 Shoreline Drive that were owned by the then marina owner. The total parking requirement at that time was 77 stalls for the 118 slips. The number of actual functional slips has since been reduced to 97 and the parking stall requirement was reviewed in 2011 and it was determined that 70 stalls would be adequate. The site has sufficient parking based on code requirements. Gaffron noted there is a contract in place for parking on the residential properties that would require agreement of both the City and the marina owner to extinguish it. Gaffron noted that the marinas parcels are owned by Brown's Bay, LLC, but are currently in receivership with Thrivent Financial. The two residentially zoned parcels were under the ownership of Tanager Bay, LLC,but have recently been foreclosed upon and are now owned by Crown Bank. The applicant Mr. Kujawa has advised Staff that he has signed purchase agreements for the residential properties and hopes to close of them and become the owner in June. The southern residential lot is under lease by a new resident tenant this year and the northern lot is not inhabited. Page 12 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 L UKE KUJAWA OF YOUR BOAT CL UB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Gaffron indicated that this is the only marina in the City that is not owner occupied and has two tenants— The Boat Club tenant and River Valley Power and Sport Inhabiting the main area. The Boat Club is proposing to move their entire operation to the east side of the property. The main marina building is under lease to River Valley Power& Sport, who is also leasing a number of slips for their boat sales operation. The gazebo and additional slips are under lease to Your Boat Club. Staff is recommending approval subject to conditions addressing the issues brought forth by adjacent property owners and the Planning Commission. Gaffron stated that as part of the 2011 conditional use permit approval,the boat club was granted 20 boat slips. The current situation is unique and there are a number of factors affecting this marina operation, some of which are long-standard and some temporary. These factors include the physical configuration and location of this marina operation; fragmented ownership and ownership currently in transition; multiple tenants as opposed to a single owner-operator; individual tax parcels extending across a county road that are zoned commercial on one side and residential on the other; and commercial parking on a residentially zoned property that was approved by the City as part of a lengthy rezoning request during the 1980s. Gaffron reviewed the conditions of approval established in Resolution No. 6037, as follows: Item No. 1: Permanent parking rights for the commercial marina property on the two residential properties must be established. This was accomplished via a parking contract that runs with the land and may not be extinguished without City approval. City acknowledgement of the use of the two residentially-zoned parcels for marina parking dates back to agreements established in 1980 for rezoning of the marina from residential to commercial, actual rezoning in 1983, and carrying through in 1989 when this site was redeveloped at that time the then marina owner lived in the southerly of the two residences and owned both houses as well as the marina property. The Council chose at that time not to establish a separate parking standard for boat clubs. Item No. 2: Marina and boat club operators "shall endeavor to have customer parking occur on the same side of Shoreline Drive as the boat being accessed,to avoid pedestrian crossings of"Shoreline Drive." The applicant Mr. Kujawa has acknowledged and shares this concern. To reduce pedestrian movement, he is proposing to relocate the boat club slips to the east side of Shoreline Drive where there are at least 26(and potentially as any as 34) parking stalls available. The Boat Club will be officed at the gazebo building on the east side and restroom facilities are located in the gazebo so that a majority of boat club customers should not have to cross Shoreline Drive. Item No. 3 reads as follows: "No more than 20 slips may be devoted to boat club use. An amendment of this conditional use permit will be required in order to exceed this number." The current CUP amendment request is to increase from the currently approved level of 20 boat club boats to 30 boats. Page 13 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LIIKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Item No. 4: Applicant and owner are advised that the only allowed commercial use of the residential property west of Shoreline Drive is for parking and that the residence buildings on the residential property may not be used for commercial purposes. Use of the residentially zoned properties for overflow customer parking has generally not been an issue; although,the applicant has acknowledged that on occasion, such as busy holiday weekends, parking management has been a challenge. Factors that affect the efficient use of the residential overflow parking are its dimensions, configuration and lack of flow-through traffic pattern. It has one entrance driveway and functions as a dead-end. This lot requires attentive management, and during busy periods,the applicant notes they may direct customer groups to double-park to maximize utilization of this area. Creation of a flow-through to the commercial site would likely result in the loss of at least two parking stalls in the paved marina lot and a number of stalls in the residential lot. The applicant is addressing this issue in part by relocating the boat club operation to the Browns Bay side of Shoreline Drive. Item No. 5: "The original approvals for redevelopment of this site in 1989 required establishment of rock beds at the lake ward end of the two main parking areas for trapping sediment and debris from the site. The property owner shall clean out and rebuild these structures as necessary to continue their effectiveness." Item No. 6: "Handicap parking stall signage and/or markings shall be re-established in appropriate location within the paved parking area." This has been done and ongoing parking management is required to ensure the handicap stalls remain available. Item No. 7: "Signage for the various uses will continue to be limited to that allowed by City Code for a commercial site." The property owners and tenants have worked with Staff to gain approval for their signage needs. Item No. 8: "The property owner shall ensure that lighting on land and on the docks is shielded to avoid future concerns of neighboring property owners." The owners and tenants have been advised of this and are aware of the City requirements. Item No. 9: "Violation of or noncompliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically eliminate any authority granted herein, and shall be punishable as a misdemeanor." In Staffls opinion,the boat club is taking appropriate measures to maintain compliance with the conditions of the existing conditional use permit. Gaffron noted the number of actual boat slips at the marina is not increasing. The site has 57 functional slips on Browns Bay and 40 on Tanager Lake. The number of slips requested for boat club use is 30, all on Brown's Bay. Staff's understanding is that the number of slips to be used for demo boats for sale by River Valley is approximately 15, and it is further Staff's understanding that most of these are on the Browns Bay side, leaving approximately 50 slips available for slip rental by Browns Bay, LLC, and split between the two bays. Page 14 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Staff has met with the applicant on a number of occasions during the past three years with regards to the boat club operation. He is currently working with the City and State Fire Marshal in order to find a suitable location for their fuel tank for refueling boat club boats. He has responded to the general conditions for operation established in the 2011 CUP. Staff has not received complaints about the boat club operations from nearby residents until those brought forth by the neighbors at the May Planning Commission meeting. Staff does share the neighbor's concerns regarding the condition of and use of the residential buildings for commercial use. It is imperative that all use of the residential structures for boat club equipment storage be discontinued. The applicant,as a marina tenant rather than the property owner, likely has only limited control over the physical condition of the residential properties and structures. The properiy owner is responsible for adhering to City code requirements regarding building maintenance and exterior storage. Staff believes that the transitional ownership has been a factor in the condition of the property. If the applicant was to acquire the residential properties and the commercial property, Staff believes the potential would exist to resolve a majority of the expressed residential neighbor concerns. Staff recommends approval of the request for an increase from 20 slips to 30 slips for boat club use. If the Council chooses to approve the increase, Staff recommends that it be subject to the existing conditions of Resolution No. 6037. McMillan stated she would like for the City Council to ask questions of Staff first,then have the applicant comment, and then open the meeting for public comment. Levang asked if there is a written report by the building inspector regarding the residential structures. Gaffron indicated he will ask him to provide a report. Levang noted the police chief and the fire chief have participated in meetings regarding this application and asked whether there is any written documentation regarding their comments. Gaffron indicated he may have some notes regarding that meeting but that there are no formal minutes of the meeting. In attendance were Melanie Curtis, Correy Farniok,James Van Eyll,John Wooden from River Valley, and the applicant. Gaffron stated the discussion is encompassed in Staff's report. Levang stated she would like to see what they had to say. Gaffton noted this was not a taped meeting and that it would be difficult to generate minutes accurately reflecting what they said. Levang stated she would like to see something produced for the file as it relates to the findings of the police chief,the building inspector, and the fire chief since there are a number of issues associated with this conditional use permit. Levang asked whether just customers park at River Valley or whether it is others. Page 15 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING " Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Gaffron stated River Valley may have to identify how they manage parking for their location but that his assumption is that their customers utilize the paved parking stalls. Levang stated when she was at the site today, she saw a couple of cars parked on the opposite side of the road and the people cross over. The cars were traveling east on Shoreline, it was probably too dangerous to stop and make the left-hand turn. Levang commented there possibly should be signage directing people where to park. Levang noted there are also no comments from the City Engineer regarding this property. Struve indicated he has driven by the property numerous times but that he was not requested to visit the property. Levang stated she would like the comments of the City Engineer regarding the parking and the overall situation in the area. Levang indicated she has concerns about people backing up onto Shoreline Drive in order to access the marina. McMillan noted there is not a detailed parking plan in the file. McMillan stated the slips are identified on the survey but not the parking stalls. Gaffron stated the parking stalls on the residential properly and the marina have never been defined. McMillan stated that brings into question the 81 stalls that are listed and that she would like to see a defined plan outlining each of the stalls for both operations. McMillan stated she would also like to view the pictures of the house. Gaffron stated Photograph No. 7 depicts the condition of the house in 2009 and Photograph No. 8 shows its current condition. The house is in need of paint and new fascia. Photo No. 9 depicts the lakeside of the house and shows some debris. Photo No. 10 was provided by the neighbor. Bremer stated her biggest concern is parking and whether it will become more intense with the increase in boat club slips. Bremer stated in her view she has seen an uptick in parking since the boat club has come on board as she travels through the area but that it is noted based on any formal study. Bremer asked if the City has any record of anyone that has lodged complaints about parking or safety issues. Police Chief Correy Farniok stated as it relates to the meeting with Staff,there would have been a memorandum prepared prior to the meeting. The police department did run a records check relating to all calls dispatched to their office that generated a report in the last three years. Some of these same questions were asked at the meeting regarding parking. Farniok indicated a ticket was issued on July 28, 2012. Farniok stated he did verify at the meeting that the boat club was no longer using gas cans that are being refilled at local gas stations and multiple containers being transported in vehicles. There were also some questions relating to the temporary storage container raised at the meeting. Page 16 of 32 MINUTES OF THE � ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Farniok noted as it relates to the crosswalk usage, there is no legal standard that requires pedestrians to use the marked crosswalk. Given the location of the crosswalk, it likely is not going to be used since most people will take the most direct route from their car to the marina. The police department has received one parking complaint. A report was also run regarding parking citations but it was hard to differentiate between this use and the 900 block of Shoreline. The report consisted of four complaints over two years concerning illegal parking. Farniok indicated there was also one call for 1444 Shoreline Drive of a property damage complaint as well as a signage complaint in reference to the marina. The police department did work with the marina to address that issue. In 2012,there was a complaint about shots being fired at the residential property which officers responded to but were unable to determine whether it was fireworks or gunshots. A noise complaint was also received for the property at 1440 Shoreline where the officers responded but when the officers arrived at the property,they found the noise level was not significant. Farniok stated he has spoken with the fire chief about the fueling situation and there was an inspection of the storage container. The fire chief will be preparing a report regarding his findings and discussion with the fire marshal. The fire marshal did visit the site and had some concerns about the positioning of the temporary fuel container. According to regulations,there should be a 50-foot setback from any structure but the fire marshal had indicated he would be okay with a 25-foot setback. The fire marshal also found some spillage on the tank and on the ground next to the tank. One of the conditions is that the tank not be completely filled. Farniok indicated the fire chief and the fire marshal will be defining what temporary means in this situation. Loftus asked whether the boat club can fuel boats now or whether they have to wait for approval from the fire marshal. Farniok indicated he does not have that information. McMillan asked when the City will receive a report from the fire chief. Farniok indicated the fire chief has been advised that the City would like to receive that as soon as possible. (Recess taken from 8:58 p.m.to 9:03 p.m.) Luke Kujawa stated this situation started approximately three years ago when they had one of their first meetings with Staff over the language in City Code regarding marinas and the fact that boat clubs need to obtain a conditional use permit. Kujawa indicated at the time of the first application,they went through all the details relating to the parking stipulations and conditions recommended by the Planning Commission. The conditional use permit for 20 boat club slips was eventually approved. Kujawa noted the one complaint the police chief inentioned regarding parking was not caused by boat club parking but was caused by the tenant in the building who was staging boats for a boat show. Other than that, over the last three years,there has been virtually no parking complaints or other complaints about the site. Page 17 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Kujawa stated they are now looking to expand the number of boat club slips and that they are requesting the City expand their conditional use permit. When the boat club first leased the slips,we were initially told that the boat club could operate out of the north house but then were quickly told that we could not do that. When the boat club was a smaller operation,they did not need a place to operate out of. Over the last couple of years as the business grew,the boat club switched over to the Tanager Lake side. Throughout the course of three years,Kujawa indicated he has had many meetings with the City and made them aware that inner tubes were being stored in the house. Kujawa stated the house is not a place he is going to operate a business out of and that it is necessary to leave the windows open due to the mouse smell. Kujawa stated part offtheir plan to move over to Browns Bay side is that they had to get to a certain number of slips to operate out of the gazebo,which has been underutilized since it has been built. The gazebo is a great facility and is something that works well for the boat club now that it has grown. Kujawa indicated he did talk to City Staff,the police chief, and the fire chief and they went through every one of the conditions. At the conclusion of the meeting, it was found that there were no conditions that were not in compliance or not being addressed. Kujawa indicated it was very clear in his mind at the conclusion of the meeting that City Staff, who has been intimately involved in this property over the last three years,that Staff would be recommending the request to expand be approved. Kujawa noted the boat club has demonstrated a good track record over the years. At the Planning Commission meeting, Kujawa indicated they were blindsided by the neighbor's complaints and that those need to be separated out from this request. Kujawa indicated he does not want anything to do with the house and that they have no intentions of going back into the house. The intent of the new application is to move over to the other side of the property,which will help eliminate a lot of the pedestrian traffic. Kujawa stated there appears to be four issues the Planning Commission based their denial on. As it relates to the ownership of the property,Kujawa indicated he does have a purchase agreement on all five parcels and that cleaning up the ownership has been an issue, which is being worked on right now. As it relates to the liability of the house in question,the boat club carries a three million dollar umbrella policy over all operations. Kujawa noted he does have an insurance binder on the residential property to eliminate that issue that was raised even though they have no intention of using that residential property. The next item that was mentioned was improperly using the residential property. Kujawa stated he is not sure what that means exactly since the house is uninhabitable and is not being used. The land use issue goes back to the conditional use permit,which Staff has found the boat club in compliance with. Kujawa stated he would also like to address the confusion regarding the expansion. The boat club is requesting the use of 10 additional slips but the marina will not be adding ten more slips. The application is only asking to convert ten slips for boat club use. Page 18 of 32 MINUTES OF THE � ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Kujawa stated there was also a comment made at the Planning Commission meeting that Your Boat Club cannot even manage 20 boats, much less 30. Kujawa pointed out they are not managing 20 boats but are actually managing 78 boats on eight different bodies of water. In 2012,there were over 12,000 family boat outings throughout the various locations and every one of them they have great relationships with the marina owners and the municipalities that the boat clubs operate out of. Kujawa indicated they are also working with Forest Lake to build a marina inside their city park. Kujawa commented it seems that he is struggling here with some of the things raised at the Planning Commission but that he has been in the industry for the past 30 years and has addressed any issues that have arisen during the time the boat club has been in operation in Orono. Kujawa stated he would like to address specifically the comments raised by Matt Johnson. Kujawa commented he does not remember ever having an issue with a neighbor where the neighbor will not approach him to bring up any issues. Kujawa stated it is interesting they are a good enough neighbor when they want to borrow a tool or come onto the property and that they were blindsided at the Planning Commission, which seems to be a petty way to attack something. As far as the particular issues raised by the Johnsons,Kujawa indicated he is in agreement the house is a wreck and an eyesore. The property is probably one of the worst properties in the city. The boat club is not allowed to operate out of it and not allowed to lease it,which makes it difficult to clean it up. Kujawa noted some of the kids that he hires seasonally have paint ball guns that they were shooting after work as well as having barbecues at the property. Kujawa stated that sounds more like a residential lakeshore use than a commercial use and that he is not sure what the concern is there. In addition,the Johnsons have invited the boat club staff over to their house for beer after hours. Kujawa stated any issues with the residential properiy are now all water over the dam because they do not have anything to do with the house anymore. Kujawa indicated he has no evidence of loud parties occurring at the house. As it concerns the night of the Planning Commission meeting, a couple of employees were removing stuff from the house. The police found absolutely nothing going on that was above and beyond hanging out at a residential property,which did not jive with what was being reported. Kujawa stated they were never asked by the Johnsons to clean something up and that they were blindsided at the Planning Commission meeting,which seems awfully petty. Kujawa noted there are occasionally boats parked in that lot but that he did not know it was an issue. Some of the boats were being staged there because the ice was not out on the lake yet but they have been removed. Kujawa noted one of the main boats they are showing in the pictures does not belong to the boat club. As it relates to the concerns raised by Richie Anderson, Kujawa noted three years ago Mr. Anderson told the City that the only reason he was trying to stop Your Boat Club from getting the conditional use permit was because he had the only conditional use permit in the City of Orono for a boat club and that would make his property more valuable. Kujawa stated Mr.Anderson is now coming before the City talking about gas,parking and pedestrian traffic. Kujawa commented Mr. Anderson does not want him to put retail gas in because he does not like competition very well and has the only retail gas operation on this side of the lake. Page 19 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Kujawa stated the parking issues they are experiencing are from Mr. Anderson's customers parking in their lot because they do not want to cross the road. The parking issue happened last year and just this past Friday. Kujawa noted he did speak with Travis,who is managing Mr. Anderson's marina, and was told to tow them, which would not be a very neighborly thing to do. Kujawa commented Mr. Anderson feels threatened by anyone who makes lake access easier and less expensive and would rather control all lake access on Lake Minnetonka. Kujawa noted after the Planning Commission meeting and researching the issues,City Staff is still recommending approval of the application. City Staff are the people who are the most knowledgeable about the property. Kujawa stated the biggest issue is parking and that there is no doubt that parking is a challenge everywhere around the lake on weekends. Kujawa stated the interesting thing about a boat club is that the boat club has people using the boats on a Tuesday night, which is not a busy night for parking. The applicatian is requestingl0 additional slips to be used for a boat club, and if four boats are being used,that would amount to approximately four families coming to use those boats,which is very insignificant in the grand scheme of things. Kujawa acknowledged that this property has a lot of issues and that he has been working through them for the past three years. The access to parking is not very good but there is adequate parking. One of the parking areas has been used for 25 years but is not considered in the parking. Kujawa stated he is also currently trying to purchase the entire marina and that he would love to talk with the City and get some idea on what can be done with the houses. Kujawa indicated he would like to remodel 1440 and make it a residential house with renters but that he needs to purchase the property first. Kujawa stated he would like to move his business to a place that will work better for the residents, for the City, and for the boat club itsel£ Kujawa indicated he has to be able to grow his business prior to purchasing the parcels since he cannot go into something knowing that the boat club is trapped by an arbitrary number. Kujawa stated he did find out that what the Johnsons were referring to as gunshots was actually a former tenant at 1442 Shoreline Drive making homemade fireworks. That person is no longer living there but that incident had nothing to do with the boat club. Kujawa stated presently the group that is looking to purchase the parcels consists of himself as well as his business partner and the owner of River Valley. The parties have known each other for a number of years and have a number of years of experience in the boat industry. Kujawa indicated they do have purchase agreements in place on the entire property and that they are working through the details but that a key thing is that he needs to know if he will be able expand his business and go forth and prosper as was stated at the time of the original application. Page 20 of 32 MINUTES OF THE � ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Kujawa stated in his view one of the issues is the poorly written or ambiguous code of the City. Kujawa stated he buys boats from manufacturers and every one of them puts him on their rental boat program. The members of the boat club call up and ask to rent boats. Webster's dictionary states the definition for rent is something available for use or service in exchange for payment. Kujawa questioned why the boat club would not be classified as a boat rental business. Kujawa commented if he would have named his company boat rentals instead of boat club,there probably would not be a problem. Kujawa indicated he has proven time and time again that he works well with the City to find solutions to the problems. Staff has indicated there is nothing stopping him from adding a whole fleet of rental boats and renting them out for wedding parties and other events. Kujawa indicated that is not something he is interested in doing, but that he could add those rental boats and rent them to the boat club members for a dollar a day. Kujawa stated he does not understand how the City makes that distinction. Kujawa stated Your Boat Club allows thousands of people access the water at a more reasonable price than a lot of other options available and that he would ask the City Council follow Staffls recommendations. McMillan asked who is managing this site and if there is someone specifically in charge of the entire site. Kujawa indicated Todd and Troy Nelson were hired by the receivership and are managing the site. McMillan asked if they are managing the residential properties as well. Kujawa indicated they are not and are only managing the marina slips. At this point in time Crown Bank owns the residential sites. McMillan indicated she is attempting to find out who is managing the residential sites at this time. Kujawa stated Crown Bank is managing those properties but that a closing date has been set for two weeks from now. McMillan stated one of the problems she sees is that he is running a business on a property that is not being managed well. McMillan commented Your Boat Club may be a great business but the place that they are leasing from is kind of a mess in a lot of ways. Levang noted the applicant has stated he is not using 1440 Shoreline Drive, but when she visited the site today, there were wet suits and other items in the building as well as a vegetable garden in the front. Levang asked what their intentions are for the building. Kujawa indicated his staff did plant a vegetable garden but that many of the items in the house were in there when they began their operation. The house was used to store large inner tubes but those are now being stored in the gazebo. Kujawa indicated he is not sure what is still in there but that the building is locked. Kujawa stated he is sure there is still some random junk in there but that there is no kitchen in the house,two showers,three bathrooms and a sauna. Kujawa stated he is not sure what the house was used for last but that it is not livable right now. Page 21 of 32 MINUTES OF THE • ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Levang asked when the last time is that any of his people have used the property. Levang noted the Johnsons have reported people using it since the May Planning Commission meeting. Kujawa indicated they were moving stuff out of there that was stored in there over the winter,which was their plan anyway even before the Planning Commission meeting. Kujawa noted their entire operation is now located on the east side by the gazebo. Levang asked who locked the building. Kujawa indicated he has keys to the building and locked the building. Levang asked what his employees have been doing there if it has been reported there have been parties going on. Kujawa stated his employees no longer use the building. Kujawa indicated the night of the Planning Commission meeting his guys were moving stuff over to the gazebo but that they are no longer using that house. McMillan asked what is in the building at 1442 Shoreline Drive. Kujawa indicated that building was remodeled a few years ago and is being leased by an anesthesiologist. McMillan asked where the fuel tank will be located. Kujawa pointed out the current location of the fuel tank and noted that he was not familiar with the setback. Kujawa stated given the setback,he may need to move it over into another area and that he is open to different ideas for the fuel tank. Kujawa indicated they have purchased four different fuel tanks over the past couple of years based on different reyuirements. Kujawa pointed out the location that could be used for an underground tank. Kujawa stated there was an issue with where the pump was located. The City did not know the pump was on the shore. If the pump is placed on the dock,the LMCD would require them to reconfigure the marina and so the idea got shut down. McMillan asked about the spillage that the police chief spoke about. Kujawa indicated approximately a gallon of fuel got spilled by a brand-new delivery driver. The employees immediately cleaned it up with a spill prevention kit that is located on the property and the incident was logged into their incident log. The employees dug out the sod, put in new dirt, and replanted it. McMillan asked how many parking stalls there are currently. McMillan noted the area that is striped says 26 parking stalls but that it might go up to 34. McMillan asked what would change that would allow for the increase. Kujawa stated to his understanding there are 26 parking stalls. Page 22 of 32 . MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Gaffron indicated he counted 26 this morning. Kujawa stated this area has always been used for parking. Kujawa stated if they can do something different with the houses,they can make a better,useful property,but that it will involve long-term discussions with the City to come up with a plan that everyone is happy with. McMillan asked if a fuel tank will be placed in the triangular gravel area. Kujawa stated that is one of the options that have been discussed. McMillan stated she does not see that as parking and that the 81 stalls should be permanent. Kujawa noted that has never been included in the number of parking stalls. Bremer stated as it relates to the parking on the west side of the lot,there does seem to be some confusion about where their parking ends. Bremer stated in her view it would be in everyone's best interests to control parking locations and have the stalls marked and signage installed. Bremer asked the applicant what his plans are for parking improvements. Kujawa stated the biggest step in addressing parking was to move to the other side of the marina. Kujawa indicated today they had 19 of their boats being used and there were 10 open parking spots on that side, with only a couple of cars parked in the wedge area. Kujawa indicated the move has already had a positive impact. Behind the retail operation there are 40 slips on the Tanager side and those people will still require some parking. Sectioning or partitioning off the lot is going to be challenging because people are coming and going during the day but at some point it will have to be reconfigured. Kujawa stated they are never going to be able to stop everyone from crossing the road but that they hope to minimize it. Bremer asked where the additional ten slips are located that they would like to take over. Kujawa stated there are actually 24 slips in the yellow highlighted area and that is the area that is under lease currently. Kujawa indicated they could add the first few slips on the south to get to 24 slips. Kujawa indicated he is not sure he wants to go up to 30 at this time, but that if he has to put in a spare boat or something, he does not want to be bumping up against the limit and have to go through another application. McMillan asked if he has any information regarding the use of the boats. Kujawa stated the boats are used on a half-day basis. The boats typically go out once in the morning and once in the afternoon. There is an hour and a half turnover time to allow for the boats to be cleaned up. All the boats have to be back by dusk, which changes throughout the year. Kujawa indicated doubling up on parking does not happen because there is an hour and a half between usage times. McMillan noted with 20 slips,you would be talking a minimum of 20 cars. McMillan stated in her view that would require 20 stalls for those time periods,and if it is increased to 30,he should plan on needing a minimum of 30 stalls. Page 23 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 L UKE KUJAWA OF YOUR BOAT CL UB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Bremer commented it could also be 40 or 50 if people drive separately. Kujawa stated parking is only an issue on the weekends when the weather is nice. Kujawa noted the retail is closed during those times. Bremer asked how large the boats are. Bremer noted the larger the boats can accommodate more people, which would increase the need for parking. Kujawa indicated the boats are smaller than what were being previously used in those slips and consist of a couple 20-foot boats and other medium sized boats. In addition,the boat club also has 24-foot pontoons and 25-foot pontoons. Kujawa indicated he is not running any of the really large boats but that there are definitely times when people are meeting other people there. Kujawa noted they also send out parking decals and that doing all the striping last year was a huge thing in helping the parking situation. Bremer asked if he is talking about the eastern lot. Kujawa indicated he is. Printup stated he likes the idea that he wants to expand and the idea about a parking plan being documented. Printup stated he also likes the fact the fuel issue is being addressed and that he is looking at purchase agreement and getting things cleaned up. Printup stated he has questions if this expansion is approved whether the momentum might stop or slow down to improve the site. Kujawa stated neither the City nor he wants to have an operation sitting next to a house in that state of disrepair and that he has performed some improvements on his own dime. Different plantings and other things were done by him to try to improve the appearance. Kujawa concurred the house is an absolute eyesore and that he would not want to live next to it. Kujawa indicated he will work with whoever owns the property but that he has to know he has a place where he can grow his business before he continues down that path. Kujawa indicated he has been working on it for three years in an attempt to make it a better properly. Kujawa distributed some letters of recommendation to the City Council. McMillan opened the public hearing at 9:43 p.m. Matt Johnson, 1432 Shoreline Drive, stated he and his wife are preriy stereotypical Orono residents. They both work and have two teenage daughters. They are attempting to be good stewards in the community and do not classify themselves as elitist property owners. Johnson indicated he owns his own business, encourages others to own their own business,and the applicant is doing the right thing by trying to grow his business. Page 24 of 32 . MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 L UKE KUJA WA OF YO UR BOA T CL UB, 1444 SHORELINE DRII�E, CUP AMENDMENT, Continued) Johnson stated they have a responsibility to protect their biggest investment,which is their house. Johnson indicated he and his wife have never been involved in the government process, never attended a Planning or City Council meeting, and have never called the police because of an annoyance. Johnson stated in his view they are very tolerant people and that they have become accustomed to that building that is right on the property line. However,there are nightly parties at the house by boat club employees, the house has Christmas lights on it year-round, and there are people shooting BB guns and ink ball guns on a regular basis. Johnson stated they were startled by what they thought was a high caliber gunshot and called the police,which was a big deal. � Johnson stated what he finds interesting,however, is that the onus is on the adjacent property owner to be calling the police rather than the property owner addressing the problems. The recommendation of the Planning Commission was that they need our help in documenting this and to call the police. Johnson indicated they went home after the meeting and there was a party going on in there. Johnson stated if they were there simply cleaning the place out,they would have applauded them and not called the meeting,which was an indication of the management approach they are taking. Johnson stated there was also an assertion that he should have brought his concerns to the property owner rather than going to the Planning Commission meeting. Johnson questioned why the burden is on him to approach the property owner rather than the property owner or City addressing the problems. Johnson stated he is merely a person who bought a house next to a residential property and that the onus should not be on them to deal with the situation. Johnson stated the Planning Commission meeting was the first time that they had met the owners of the boat club but not once did they ever approach them and ask how things were going. Johnson stated he likes the employees of the boat club and that this is not some personal vendetta. The question is whether how they are conducting their business is reasonable. Johnson commented by living next door,they have the unique advantage point of seeing everything on the lot. The deteriorated house was there when they purchased the property but they were not aware of the way it was being used. Johnson indicated they did check with City Staff prior to purchasing the property to see if this was a residential property. Johnson stated the expansion will put more pressure on their site,which is unreasonable and is going to adversely affect the value of their properiy. Johnson stated he does not mean this with any disrespect, but that they would prefer not to be here tonight or involved in this situation. Johnson stated they are here because they feel they have to protect their interests. Johnson stated he would like the City Council to ensure that the conditions of the CUP are followed through on. Johnson noted he did read through 100 and some pages in preparation for this meeting and found that there was no inspection by any city official that said the property was inspected on this day and this day to make sure the conditions of the CUP were being met. Johnson stated when we were told by the Planning Commission to call the police the next time there was a problem and they did that,the police said there was nothing they can do about it since the house is being used as a residential property. Johnson stated they are stuck in the middle of the process and no one is looking out for them. Page 25 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Johnson asked if there are existing conditions on the CUP and there are examples of already existing noncompliance, is it reasonable to expand it. Johnson asked what the definition of overflow parking means. Johnson commented the term has been thrown around quite a bit and asked whether it means that when every other spot is being used,they then can use the residential property. Johnson stated he can tell the City Council that that is not how it is being interpreted right now so some clarity might be important. Johnson stated in order for there to be an expansion of the conditional use permit,there has to be a track record of proper use and good management. He has seen firsthand a lack of management and that allowing those kids to be in that building is unreasonable and the parking flow is hard to manage. Johnson indicated he has seen people backing out on Highway 15 and heard brakes and horns again today. Johnson stated he does not have anything against the boat club but that he does not feel it is in the City's best interests or his to have this boat club next to him and that there are some opportunities for improvement. Johnson stated until they can maintain a track record of maintaining the property and addressing the issues,there is no way they should be allowed to expand their business. Richie Anderson, 1449 Shoreline Drive, stated he owns the marina next to the property in question. Anderson indicated the applicant has defamed him somewhat and that he is an Orono resident and have owned and operated four marinas and turned them around. Anderson noted the 2009 picture of the house is when he owned it. The house was in good shape when he owned it but it has gone downhill since then. Anderson commented he can remember when marinas were a sore point in Staff's eyes. When you look at the three marinas he owns,they are manicured and parking is controlled. On Memorial Day the lot was completely empty and the parking lot was striped. Anderson indicated he does have some pictures of the parking issues that they are claiming do not exist and that he would ask Staff to show them in chronological order if possible. Curtis displayed pictures of the area on the overhead. Anderson stated the pictures show cars parked the wrong way. The boat show was on July 28 of last year and there were no boats parked in that lot. The parking spots for the overflow parking,the cars were solidly parked in there. Anderson stated to his knowledge the retail boat operation did 30 million in business last year and that the retail is substantially higher than has ever been on this property before. Anderson stated in his view this year will be ten times worst than last year. Anderson noted the storage tank is located in a floodplain, and when he owned that properiy, he had to purchase flood insurance. Anderson questioned how a gallon of gas being spilled is no big deal. The hose can only go out 50 feet or 75 feet and it has to sit there or else it doesn't reach their boats. Anderson indicated he has to have a stormwater management plan in place for his marina and the MPCA checks the gas tanks monthly. Anderson indicated he has his gas lines tested every year. Anderson commented the fact that he doesn't want competition is irrelevant since they will be shut down sooner or later for the violations. Anderson noted none of the regulations he is required to comply with are not being required of the boat club. Page 26 of 32 , MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, I444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Anderson asked if there is a storm water management plan in place for this site. Anderson indicated it is a new requirement and is controlled by the MPCA. Anderson commented the City is allowing the storage of a fuel tank in a floodplain and allowing the use of a residential property for commercial purposes. The City should allow the 20 slips but require conformity to the conditional use permit to prove that what he is saying is true. Anderson asked if parking on the residential properties was counted today. Gaffron indicated he did not count those. Anderson stated there are 13 stalls striped out and one of them is a double. Gaffron stated to his recollection there are four or five across. Anderson stated he counted 13 and in the other parking lot there is zero. Anderson stated he cannot believe that he is being accused of trying to create a monopoly when he is actually trying to create something special for the City of Orono. Anderson commented this property is like a zoo and that when they have an open house in two weeks,the City should see what happens then. Anderson requested the CiTy Council not approve the 30 slips and require the applicant bring the property into compliance. Anderson questioned why they waited until just recently to take the stuff out now when they have had two years to do it. Mayor McMillan closed the public hearing at 10:02 p.m. Levang stated she would like a definition of overflow parking, and then when she visited today at 3:00 p.m.,there were five cars parked at 1442 Shoreline Drive, with her car being one of them. Gaffron stated the resolution from 1989 does not address the overflow parking, but the resolution from 2011, Page 3 of 8, Item E, addresses the number of parking stalls. Gaffron indicated to his knowledge the overflow parking has never been specifically defined as meaning that all the other parking spots are full. Levang stated there are not 26 unmarked parking spots on the Tanager side. Gaffron stated the numbers that go back to 1989 always talked about 26 and that it is possible the management of the site may result in differing numbers. Gaffron stated under today's circumstances, it would be difficult to park 26 cars in there. Levang noted there is also one double spot and that she does not see how 26 cars can fit in that area. McMillan asked if the City has any information on the sale of boats and how many people typically show up for an open house. Page 27 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Gaffron stated the City has taken the position that they do not get very involved in a retail business. How someone manages a site is critical to the operation of the site and the City has taken an aggressive stance in how the sites are laid out. The City does have some specific operation standards that are part of the code that are not well defined, such as properly managing parking and that the lighting should not affect the neighbors,which are very subjective. McMillan stated this marina has boat sales,the boat club, and then regular slips. McMillan stated in her view the parking is a huge issue. Gaffron commented every one of the marinas is different, and that out of the five that the City has,three of them have undergone major changes in the last few decades. The ones on North Shore Drive have changed in small ways but it did not involve a total rebuild. Sailors World and Brown's Bay Marina each have undergone an extensive site plan review. Gaffron stated if the City Council is looking for details on the day-to-day operations, Staff has not monitored that and he is not sure how they can. Printup asked if the storm water and floodplain issues have been explored by Staff. Gaffron indicated this is the first time he has heard of a stormwater management plan for marinas and that he is not familiar with what specific regulations Mr.Anderson is referring to since it is not part of the City's regulations. Gaffron indicated there is a floodplain on that property but that he does not believe anyone has checked the topography to verify whether the gas tank is located in the floodplain. Gaffron indicated he can check into that. McMillan stated the fuel tank and parking are two issues that require additional information. McMillan noted the City has 15 qualifications for a conditional use permit. McMillan stated in her view Item No. 9 is not being complied with since there is an adverse impact on the property values in the area given the deteriorated state of the residential house. In addition,Item No. 11 and Item No. 12 are not being met. McMillan indicated she is not in a position to intensify the use if the City does not feel there is a solution to those items. Bremer stated given the current ownership,this applicant does not have any legal power to improve that residential location. Bremer indicated she has seen an improvement in the site over the last year but that her biggest concern is what the pictures show as an intensification of the parking. Bremer stated she appreciates what the applicant has said to the Council but the only thing that has changed in the area is that this use has come into existence and the parking has gotten worse. Bremer stated she is not sure that will be improved by delaying action on the application. Bremer stated there needs to be better use of the parking lots and that perhaps the situation might be helped by moving it to the east side. Bremer stated she doubts that she was the one who said to go forth and prosper and that she likely would have recommended it be decreased from 30 down to 20,but to the extent the Council would be amenable to increasing the use at some point in the future, she would suggest that the number be whatever number is identified as the potential maximum in the area currently being used by the boat club rather than utilizing slips in a different area. Bremer noted the area in yellow contains 24 spots,which she would not be opposed to but that the rest of the Council might not be at that point yet. Page 28 of 32 MINUTES OF THE � ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 L UKE KUJAWA OF YOUR BOAT CL UB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Bremer stated it would be everyone's best interests to define overflow parking but that she is not sure how someone would control when the overflow parking lot is utilized. Bremer noted if the house is repaired and becomes a residential property that someone occupies, in a sense that would impact what is being discussed tonight as well. McMillan stated she understands the applicant does not own the residential properties but pointed out that the residential properties are key to the existence of the marina given the parking situation. McMillan noted the conditional use permit stays with the land and the applicant could sell the business to someone else. McMillan stated the City needs to look at all the parcels together and that she would be more than willing to have a discussion about the future of those residential properties and how to make this marina work better for traffic and the neighbors. McMillan stated in her view they are not in a position to do that tonight, or perhaps not even this summer,but that at some point they need to look at this property for the long-term. Intensifying the use on a site with a lot of problems currently, even if they are not the applicant's problems, would be a mistake, and that it is harder to revoke a conditional use permit than it is to grant one. McMillan stated the Council can table it without a recommendation for approval or denial or with a recommendation. Bremer noted there were two letters of support submitted on behalf of the applicant. Bremer noted the letters are not specific to this site and the parking in the area but are generally two letters of support for the organization. Bremer noted the letters will be made part of the file. Printup stated Council Member Bremer had a good point that 30 slips might be too high and that 24 might be more reasonable but that the Council should probably not attach a number without the additional information. Levang indicated she is not comfortable going forward without the additional information. Gaffron noted the application deadline has been extended to August 17,which would allow time if the City Council wanted to table it. Gaffron requested the Council direct Staff on what specific information they would like brought back. McMillan asked if the applicant would like to weigh in on tabling the application. Kujawa indicated they can attempt to provide the additional information, but given the time of year and the fact that they were required to take additional steps to improve the property, he would request that they be allowed to use the 24 slips that are in the area of the boat club while they work on providing the additional information. McMillan commented the status of the business is not something the Council has a responsibility to worry about. Levang asked if the applicant would like the application tabled or denied. Page 29 of 32 MINUTES OF T�IE ORONO CITY COUNCIL MEETING ' Tuesday,June 10,2013 7:00 o'clock p.m. (9. #13-3606 LUKE KUJAWA OF YOUR BOAT CLUB, 1444 SHORELINE DRIVE, CUP AMENDMENT, Continued) Kujawa indicated he would like it tabled. Loftus asked for confirmation that one of the many pieces of additional information the Council is looking for is a formal parking plan to be provided by the Applicant which the Engineer can review. McMillan indicated that is one piece of information that should be provided and that the applicant should also work out the location of the fuel tank that does not involve staff time. Levang indicated she would also like to see a copy of the purchase agreement be included in the file to clarify the ownership. Levang stated she would also like to have additional information on the storm water management plan and the floodplain. Levang moved,Printup seconded,to table Application 313-3606,Luke Kujawa of Your Boat Club 1444 Shoreline Drive,to allow the applicant time to submit additional information. VOTE: Ayes 4, Nays 0. Levang indicated she would like to have a future discussion at a work session about developing a housing code as well as the licensing of boat clubs. McMillan stated in her view boat rentals should be an accessory use. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT Struve reported a new roof is in the process of being placed on the maintenance facility at the golf course but at this time is substantially complete. Orono Orchard Road received its final layer of pavement last week. There is still some limited landscaping left to be done but overall the project is completed. Struve indicated construction signs have been placed on Willow Drive. The utility contractor did locate and will be replacing the gas main on Willow Drive. The work was originally going to start on June 17 but may be pushed back another week or two due to the rain. Levang asked what end of the street will be first. Struve indicated the last information he had is that they were going to start on the south end and work their way north. There will be periodic updates on the website, and once the project starts,there will be weekly updates provided to the residents. McMillan asked when the black plastic silt fencing would be removed from Orono Orchard Road. Struve indicated once the grass has been established it will be removed. There are some areas that had to be reseeded due to problems with people driving off the road into the grass in that area. McMillan suggested some mowing be done around the fencing at the golf course. Page 30 of 32 . • MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday,June 10,2013 7:00 o'clock p.m. *10. REPLACEMENT OF PORTABLE GENERATOR Levang moved,Printup seconded,to accept the quote from Allied Generators in the amount of $32,751.84 for the replacement of a portable generator. VOTE: Ayes 4,Nays 0. *11. ENGINEERING SERVICES FOR REST POINT AND TONKAWA FORCEMAINS Levang moved,Printup seconded,to authorize engineering services to replace sanitary sewer force main on Rest Point Road and Tonkawa Road with Bolton& Menk for a not-to-exceed amount of $18,900. VOTE: Ayes 4,Nays 0. *12. APPOINTMENT OF 2013 GOLF COURSE EMPLOYEE Levang moved,Printup seconded,to approve the hiring of James Erlandson as a seasonal employee with a starting pay rate of$8.48 for the 2013 season. VOTE: Ayes 4,Nays 0. MAYOR/COUNCIL REPORT Levang reported there was a LMCC/JPA meeting that was well attended. Levang indicated there is no information regarding the franchise agreement. Printup noted SummerFest is this weekend and that there is also an all-class Orono reunion being held this weekend. Bremer noted there is a police commission meeting scheduled for this Wednesday and that she will report back in two weeks. McMillan stated the streetlight survey will go online this week and that it appears Navarre will be getting a raised median and crosswalk with a flashing beacon light. MN/DOT has decided to use the location of the existing crosswalk. McMillan noted they had originally wanted to move it a little bit east but the residents commented on it and persuaded them to leave the crosswalk in its present location. McMillan reported she did visit the Forest Lake Homeowners Dock Association. Back in November of 2011,the City's Public Works Department dredged the area and put in a new pipe. McMillan indicated one of the property owners had asked her to view the work and that he indicated he was happy with the work that was completed. McMillan stated the water that is coming out of the pipe is very clear due to the addition of some water filters. CITY ADMINISTRATOR'S REPORT Loftus noted Pam Meyers and the Westonka Historical Society will be hosting an open house on June 15 and is open to the public from 9:00 to 2:00 p.m. The open house will be held at their new location in the Mound City Hall. Loftus stated on June 20, a local historian and author,Paul Margolis, is going to be doing a presentation on the history of Big Island at the South Shore Center in Shorewood. Loftus noted the streetlight survey is already on the website and is available for people to complete. Page 31 of 32 . MINUTES OF THE ORONO CITY COUNCIL MEETING �` Tuesday,June 10,2013 7:00 o'clock p.m. (CITYADMINISTRATOR'S REPORT, Continued) Levang asked how long the survey will be available. Struve indicated it will run until July 10. *13. APPOINTMENT OF IT TECHNICIAN Levang moved,Printup seconded,to approve the appointment of David Klitzke to the position of IT Technician effective June 17,2013,at an annual salary of$48,000. VOTE: Ayes 4,Nays 0. CITY ATTORNEY'S REPORT None *14. LICENSES& PERMITS Garbage Haulers 1. Allied Waste Services 9813 Flying Cloud Drive Eden Prairie, MN 55347 2. Waste Management 490 Industrial Boulevard Winsted, MN 55395 Levang moved,Printup seconded,to approve the above listed licenses. VOTE: Ayes 4,Nays 0. *15. CLAIMS Levang moved,Printup seconded,to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Levang moved,Printup seconded,to adjourn the Orono City Council meeting at 10:35 p.m. VOTE: Ayes 4,Nays 0. ATTEST: �1�� .dCI�Y �,� ��.. Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 32 of 32