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HomeMy WebLinkAbout08-12-2013 Council Minutes T ` MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 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 Kristi Anderson,Cynthia Bremer, Lizz Levang, and Aaron Printup. Representing Staff were City Administrator Jessica Loftus,Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis, Public Works Director/City Engineer Jesse Struve, City Attorney Soren Mattick, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 8, 12, 13, 14, 16, 17, 18, 20, and 22 were added to the Consent Agenda. Item No. 2 was removed from the Consent Agenda. Anderson moved,Printup seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. CITY COUNCIL WORK SESSION OF JULY 22,2013 Printup requested the minutes be amended to reflect under the fifth bullet point the following: Printup noted his caution with street improvement districts using another form of what could be creative funding through fees on top of taxes we pay. Levang moved,Anderson seconded,to approve the minutes of the Orono City Council meeting of July 22,2013,as submitted. VOTE: Ayes 5,Nays 0. *3. REGULAR CITY COUNCIL OF JULY 22,2013 Anderson moved,Printup seconded,to approve the minutes of the Orono City Council meeting of July 22,2013,as submitted. VOTE: Ayes 5,Nays 0. PUBLIC HEARING—7:00 P.M. 4. ANNUAL PUBLIC HEARING FOR NPDES PHASE II STORM WATER PERMIT Struve stated the City of Orono is required to do a review of the Municipal Separate Storm Sewer System each year. The goals of the meeting are to educate interested citizens, meet a requirement of the permit, and receive public comment regarding the City's Storm Water Pollution Prevention Program(SWPPP) and best management practices. Struve indicated the City originally created its SWPPP in 2006,which outlines some goals of the program, measurable goals for BMP, an implementation schedule, and a responsible person for each item. The City has changed some of its ordinances to reflect the requirements and mapping of the stormwater system. There are six minimum control measures: public education and outreach,public participation and involvement, a list of discharge detection and elimination, construction sites stormwater runoff control,post construction stormwater management, pollution management and good housekeeping. Page 1 of 37 . MINUTES OF THE � ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (4. ANNUAL PUBLIC HEARING FOR NPDES PHASE II STORM WATER PERMIT, Continued) Struve stated for each control measure the City is required to measure and record the results on a yearly basis. Some of the goals for the permit are both local and global. Stormwater affects the local communities through the lakes, rivers and streams, which does affect more than just a localized region. Many typical pollutant sources range from storm drains, erosion on private and public properties, and runoff from the roadways which ultimately get washed into bodies of water. Struve stated there are multiple solutions but it typically starts with homeowner making decisions on whether to plant some rain gardens to help control stormwater or not using chemicals on their lawns. Struve stated some of the achievements last year included six articles in the City's newsletter, incorporating stormwater information on the City's website, holding a spring and fall drop-off for leaf and grass clippings disposal,construction debris collection every spring, and conducting erosion control inspections both on a city level and through the Minnehaha Creek Watershed District. Struve noted there were approximately 140 inspections last year as well as a couple stop work orders and notice of violation orders. Bremer asked if that relates to new construction sites where someone would be flagged. Struve indicated it would involve new construction ranging from new additions, rebuilds, and grading. Struve stated any permit that comes through the city requires an erosion control plan. The City also performs street sweeping a minimum of twice a year but typically Orono does it more frequently. The City also performs culvert repair, some catch basin sediment removal, catch basin inspections, and training for the Public Works Department. Some of the activities in 2013 that the City undertook included some pond maintenance review, impaired water reviews,and TMDLs that are 6eing implemented through Orono. Struve noted the Public Works Department is still in the process of reviewing those. Struve stated some future items to consider are audits through the MPCA. Typically a 60-day advance notice is given of an audit,and if deficiencies are found, an action plan will be developed. To date no fines have been leveraged against the City. There are some upcoming funding opportunities with the Clean Water Legacy grants and then locally through the Watershed District Shoreline Restoration project. Struve noted there is a new MS4 general permit that was just released recently and the Public Works Department is still in the process of reviewing that to see what impacts that will have on Orono. One of the next steps is to record any public comments, respond to those comments, and then submit a report to the MPCA. Mayor McMillan opened the public hearing at 7:13 p.m. There were no public comments. Mayor McMillan closed the public hearing at 7:13 p.m. The City Council took no formal action on this item. Page 2 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. PRESENTATION 5. EAGLE SCOUT PROJECT UPDATE Thomas Longe thanked the Orono City Council for allowing him to speak tonight regarding his Eagle project. Longe indicated a website has been created for this project which contains fundraising updates and project goals and diagrams. Longe displayed a picture of the current area in front of City Hall where he would like to do his project. Longe indicated the point of the project is to make sure it is an all-encompassing memorial. The two- sided piece of black granite has been purchased from Rex Granite and will be four feet wide and approximately four feet tall and six inches thick. Longe displayed a landscape plan that was created with the assistance of Outdoor Escapes. Under this plan,the Hawthorn trees will remain and various plants will be placed in the area as well as some benches. The plantings include Campanula, ornamental grass junipers,and day lilies. Longe stated if there is not enough room with the two trees, he will probably end up removing one of the trees. Longe indicated he has been able to raise enough money to perform the majority of the work. The total raised so far is $8,275 and he is expecting$8,250 in expenses. Longe indicated it still needs to be determined whether sod will be required and whether the quoted amount for the sod is still good. In addition, sprinkler repair may be involved if it is damaged when the stones are put in or repositioning of the sprinkler heads. There will also be costs associated with the refurbishing of the World War I memorial. Longe stated the goal is to have the project completed in September and dedicated on Veterans Day before the City Council meeting that evening. The granite stone will have a rod drilled into it and the concrete to prevent it from being knocked over. Printup,Anderson and Levang all commended Thomas Longe on his work. Bremer asked what the status is of future fundraising. Longe indicated he put a couple of articles in the Pioneer Press this June and that he also received a matching donation last week for raising$1,000 from Orono residents. McMillan noted the City Council meeting will be on November 12"'of that week,which is a Tuesday, rather than Monday, and that the City Council will plan on that being the dedication date. McMillan thanked Thomas Longe for his work. Printup moved,Levang seconded,to approve the Veterans memorial plans as presented by Thomas Longe. VOTE: Ayes 5,Nays 0. Page 3 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. LMCD REPORT—ANDREW McDERMOTT,REPRESENTATIVE McDermott reported Lake Minnetonka was at a low level this spring but at the present time the lake level is about normal. McDermott noted the LMCD will be relocating into the Mound City Hall sometime in the early fall, which will save a considerable amount in rent payments. The milfoil harvesting was started later than normal this year due to the water levels and that they have found a lower amount of milfoil growing this year. McDermott noted the milfoil harvester did accidentally happen to cut a phone line to Big Island that the LMCD was unaware of. Levang asked why the milfoil growth has been lower this year. McDermott indicated it is likely due to the high water level and the cooler spring. Printup asked how the weevil project is doing. McDermott stated the weevil project was not done this year and that he is unsure whether that will be attempted next year. McMillan asked if there is anything new with the Save the Lake Fund. McDermott indicated the fundraising has remained fairly constant from year to year and that they are working on boater safety programs. BIG ISLAND PARK REPORT—GABRIEL JABBOUR,CUSTODIAN Jabbour reported the aluminum off the dock has been stolen and the Hennepin County Sheriff and the Orono Police Department have been unsuccessful in determining who stole the aluminum. Jabbour indicated he went ahead and ordered replacement pieces for the dock but those were not received in time for the 4�'of July due to the hurricane out east. Jabbour noted he did receive a number of calls regarding why the docks were not installed and that has helped him determine that the docks are actually being used. Jabbour indicated last Thursday at approximately 1:00 he met with representatives from the Watershed District and Baar Engineering as well as the contractor to conduct the final inspection. It was concluded there were 64 trees that the taxpayer paid for that were not planted. Jabbour noted there were thousands of trees planted and that they are now in the process of attempting to determine how many missing trees are the fault of the contractor. To date 30 trees have been identified to be replaced and the rest of them will be credited. Jabbour indicated there were also some trees that were planted in an area where they were unable to grow. Jabbour reported given the heavy rainstorms this year,a number of big trees were uprooted and an extreme amount of erosion occurred. Two of the trees are located near the city beach and were removed. Page 4 of 37 . t � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (BIG ISLAND PARK REPORT—GABRIEL JABBOUR, CUSTODIAN, Continued) Jabbour reported the University of Minnesota conducted a milfoil study and has found little milfoil growing around Big Island. The findings of the University of Minnesota findings have been forwarded to the Mayor. Jabbour stated as was reported by Drew McDermott,the phone line to Big Island was cut, which resulted in no 911 service. The utility company was able to locate the phone line and it has been spliced temporarily. To do an appropriate repair,the utility company would need to do directional boring, which will cost over$250,000. The utility company is reluctant to do that work given the low level of service demand. Jabbour noted he attended a gathering with the mayor where they talked about Big Island and the county road that exists on the Island. Jabbour indicated the road was initially constructed back in the 1940s by the two brothers who owned the Island. There was a bridge designed to go from Minnetonka Bay to the Island, and based on the utility easement,the DNR required them to go zigzag around the proposed foundation,which resulted in a line that is 1900 feet long where a straight line would only require 900 feet. Jabbour indicated they have a few things to do in order to clean up the history of Big Island as well as work with the DNR to perhaps correct the placement of the telephone line. Jabbour stated as it relates to the recent e-coli event,the majority of the information in the newspaper is incorrect. Jabbour indicated the report about Big Island having e coli as a result of birds was incorrect and the majority of the e-coli was a result of people dumping raw sewage from boats,which is illegal and will have to be dealt with. McMillan thanked Gabriel Jabbour for his update and for mentioning the e-coli issue. McMillan noted the beach on the south side of Big Island Park did not experience the e-coli. McMillan commented the city park looks good at this time in spite of the problems experienced earlier in the year with the mowing and the heavy rains. McMillan stated the bluff restoration project has held up well given the heavy rains and is a great demonstration project for using natural materials to protect the bluffs. McMillan stated she appreciates the Minnehaha Creek Watershed District helping the City with that project. Jabbour noted some of the signs were tipped over and the committee will need to come up with a better way of erecting them. PLANNING COMMISSION COMMENTS—LOREN SCHOENZEIT,REPRESENTATIVE Schoenzeit stated he had nothing to report but would be available for questions. Page 5 of 37 f . MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. PUBLIC COMMENTS Jack Riley, 2130 Shadywood Road, stated he is speaking tonight on behalf of the families who use the intersection of Bayview Place and Shadywood Road as a bus stop. At the Council's last meeting,this intersection was designated no parking and concrete barriers were installed to prevent any inadvertent parking along the north side of the road. No exception was made for families using this as a school bus stop even though that possibility was discussed during the meeting and the neighbors expressed their support for this area continuing to be a bus stop. Riley stated his first point is the lack of response he has received to his and Westonka School District's stated concerns regarding this action. Riley indicated he sent an e-mail on August 1 to the Mayor and all City Council members regarding the lack of accommodation by the Council's action for people who use the corner as a bus stop. Riley noted no one on the Council has acknowledged receiving his e-mail or responded to the issue. The Westonka School District superintendent responded within one hour of receiving tl�e e-mail and stated that they had received calls from two other concerned parents who use the bus stop. The transportation director has contacted the City of Orono via phone, but as of this morning, no one from Orono has returned her call. Riley indicated he spoke with the transportation director today and she asked him to include her request tonight and that the City of Orono return her phone call and for him to report back any additional response the Council might make. Riley stated his second point tonight is to request the City Council amend the prior action to specifically allow bus stop parking at this location. Riley stated he is not requesting the Council reverse their decision to make Bayview no parking but only specifically to allow an exception for school bus stop pickup and drop-off. Riley indicated that he and the other families he has spoken to understand that this was a complex issue and the Council felt it was time to finally take action. Riley requested the Council consider the fact that this bus stop is used four times a day by families that mostly have to drive to that bus stop. The nature of Shadywood Road and surrounding streets do not allow for a good alternative solution due to traffic and geography. Riley indicated for the Hilltop Elementary route, six families used this bus stop last year on a daily basis. Three of those families live on Shadywood, including himself, and drive there every school day. The two other houses mostly walk but drive there on bad weather days. Another family lives on Togo Road, which is a half mile away,and drives there every day. One family lives on Crystal Bay Road and drives there every day. One parent with a shared custody situation lives in Excelsior and drives two to three days a week as this was the only Navarre bus stop on the north side of County Road 15 that she could park at. Typically there are four to six cars in the morning and the evening. Riley indicated he is unsure of the specific situation for when the bus separately comes for the middle school and high school students,but that it is probably safe to add another four to six families who use the bus stop daily. Riley stated the residents need a bus stop with the ability to park nearby since not all days are like today. The families have to drop and pick up their kids when it is cold and snowing and the county snow plows are going down Shadywood at 30 miles an hour. Riley stated no one really wants to walk their children on Shadywood on any day if they do not have to due to safety concerns. Page 6 of 37 . , • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) Riley stated his third point is the hope that the City Council will amend their action and fully acknowledge the situation. If the signage is not changed or not deemed appropriate, Riley asked that the Council or staff or police say that school bus parking is acceptable. Riley stated having the police look the other way may not be sufficient. At the last meeting, according to the minutes,three times city staff or a police representative told the Council that the action taken would not allow for exceptions for cars waiting or stopping to pick up or drop off children at the bus stop. Riley indicated it will only take one complaint for the police to start issuing tickets. Riley stated his final point is one for the future and reflects the disappointment at the lack of notification or inclusion of the school district and school parent in these discussions. Although it was stated in the local newspaper that this problem has been simmering for several years and there were two prior neighborhood meetings,the Westonka School District stated they had no knowledge of the City contemplating this action. Riley stated he and the other three families he contacted had no indication of this issue or prior discussions. Riley stated no one from the City in the last two to three years to his knowledge have reached out to the parents or to the school district for concerns or input. Riley stated it is his belief this corner was a bus stop before there was a county trail there. Riley encouraged the City Council to keep in mind that school starts in three weeks and that the City Council has one more meeting prior to that. The Westonka bus schedule has already published and this spot has been listed as a designated bus stop. Riley stated while the Bayview bus stop has a lot of issues for the parents as well as the neighbors,he and the other families he has contacted, as well as the school district, do not feel that the other locations in that neighborhood offer as safe of an alternate. Riley stated he hopes the City Council can find a way to accommodate the school parents as well as the neighbors who live across the street. Amy Hubbard, 945 Willow View Drive, stated it is her understanding in speaking with her neighbor that their original wetland delineation should be accepted on a survey submitted for a permit request. Hubbard noted she has already received permit approval from the Minnehaha Creek Watershed District for landscaping in their backyard based on the original wetland delineation. Hubbard stated she would like to know whether that would be acceptable for Orono as well. McMillan asked if she has spoken to staff about this. Hubbard indicated she has but Staff has stated they need to submit an updated wetland delineation. Hubbard stated she has been receiving conflicting information. Hubbard indicated she does have some information to submit. McMillan indicated Staff will look at that. Lin Yom, 1330 Cherry Place, stated he is a new homeowner in Orono and that he would like to report a severe erosion problem down to the lake. Yom indicated he had heard someone previously had asked the City to take care of it but no action has been taken. Yom indicated he would like to report the problem again to the City. The beach is now all muddy,the tree roots are exposed, and there is no control over the stormwater runof£ Yom requested he be apprised of any action taken by the City. Page 7 of 37 � . MINUTES OF THE , ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT 6. #13-3606 LUKE KUJAWA O YOUR BOAT CLUB, 1444 SHORELINE DRIVE— CONDITIONAL USE PERMIT AMENDMENT Luke Kujawa,Applicant, was present. Gaffron stated boat clubs are a conditional use in the B2 District. The applicant is requesting an amendment to the existing conditional use permit to expand from 20 boat club boats to 30. The Council reviewed this application at the June 10 meeting and requested additional information be submitted. Gaffron indicated some of the requested information has been submitted within the last week and the applicant has requested that he be placed on tonight's agenda in the hope he will have a resolution of his request by Labor Day weekend. The first item requested was a scaled parking layout and parking management description. The applicant has provided some sketches of parking layouts depicting four parking areas on the marina and residential properties. The first area one shown is the site that is located up against the main marina building and has been striped. The only difference is historically the bump-out to the right that was at one time used for a crane and has been recently turned into a seating area. The use of it for parking may still be feasible but has a strange access to the area. The second parking area is located next to the two houses that are residentially zoned. Both of those properties have commercial parking agreements in place. The layout shows double parking. Years ago this area was approved for 25 or 26 stalls. Gaffron indicated it is clear from the unscaled diagram that the only way someone would get 25 cars in there is if they are double parked. The third parking area is located south of the gazebo. Access off of Shoreline Drive is to the right. The parking plan shows that the area has been striped recently and again shows some double parking stalls and requires some management to make sure it functions adequately. The survey submitted with the parking area diagrams is clearly not to scale nor proportional. The fourth parking area is the rectangular area adjacent to Shoreline Drive. Again the parking plan depicts double or triple parking stalls. Gaffron stated the applicant is suggesting that they have, with a proper management plan,the ability to park many more cars than the zoning code requires. The applicant is prepared to make a presentation tonight and has hired a professional parking management organization to deal with parking over the weekend and actually has someone on site directing traffic. The second item requested to be submitted is to provide written confirmation from the fire chief that all conditions noted in his June 14, 2013, memo have been met. The applicant has indicated that he fully intends to make the appropriate applications to the LMCD and the City to have a fuel dock and underground fuel tank installed on the Browns Bay side of the marina site. Staff would suggest that fueling by any temporary means such as is currently in use should not be allowed for the 2014 season. Page 8 of 37 � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 L UKE KUJAWA O YOUR BOAT CLUB, 1444 SHORELINE DRIVE— CONDITIONAL USEPERMITAMENDMENT, Continued) The third requested item was evidence of property ownership status and contact information for the responsible parties or site managers, including copies of any purchase agreements, lease agreements, and any other useful ownership/responsibility documentation. The applicant has submitted a warranty deed indicating that ownership of the two residential lots is now under EOF Investments, LLC,whose manager is Christy Kujawa. The applicant is now owner of the residential lots. A copy of the lease for the rental house at 1442 has also been submitted. Gaffron noted information about the current ownership status and lease status of the main marina site at 1444 has not been submitted. The fourth requested item requires the applicant to provide a diagram depicting how the in-water slips and parking stalls are apportioned to the various tenant users and to describe how this apportionment and the use of parking stalls for boat display impacts customer parking and pedestrian crossings of Shoreline Drive. No information was submitted as to this request. Gaffron stated the fifth requested item requires the applicant to provide a copy of his NPDEs permit and evidence of compliance or certification of no exposure if applicable. Gaffron indicated he did spend some time reviewing the MPCA website with regard to stormwater management permits for industrial activity and was able to find a variety of materials.The applicant has made inquires to the MPCA and has indicated he is not clear as to what is required. The applicant has indicated they will comply with whatever is required but the application must be through the marina owner and not a tenant. Requested Item No. 6 requires submittal of evidence of liability insurance for all uses occurring at the site, including River Valley Power and Sport. The applicant has provided that; although, one has not been provided for River Valley. Item No. 7 is submittal of a written response to expressed Council concerns as to how the boat club and/or other operations on the site are compliant or can become and remain compliant with necessary CUP findings 9, 11, and 12 regarding impacts on neighboring properties, creation of nuisances, and traffic issues. Gaffron indicated Finding No. 9 is that the use is not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. Finding No. 11 states that the use should not create a nuisance which generates smoke, noise, glare,vibration, odors, fumes, dust, electrical interference, and general unsightliness. Finding No. 12 states the use should not cause excessive non-residential traffic on residential streets,parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion or unsafe access. Gaffron noted the applicant to some extent has addressed the parking concerns. Orono's building official has submitted a report stating that while the building is unsightly and in disrepair, it does not meet the definition of a hazardous building. The City of Orono does not have a housing code to address the issue of aesthetics or disrepair. Police Chief Farniok has been asked to document complaints and he has submitted a memo listing all of the incidents responded to in the area of the marinas since 2011. Staff has been advised verbally that there have not been any further incidents since the memo was submitted. Page 9 of 37 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 LUKE KUJAWA O YOUR BOAT CLUB, 1444 SHORELINE DRIVE— CONDITIONAL USE PERMIT AMENDMENT, Continued) The applicant has provided e-mails and letters of support from boat club patrons and/or area residents. It is Staffls opinion that the applicant has made a significant step in the right direction by employing a professional parking organization. The code does not address or consider valet parking as is being proposed. Gaffron stated the valet parking may be functional if it is correctly managed but there is no guarantee that a future operator will continue with an aggressive parking program and should be addressed. In order to approve the CUP for boat club use expansion,the City Council must determine that the established conditions for CUP approval have been met. If those conditions cannot be met in the Council's judgment,then the application should be denied. Tabling of the application is an option if the Council believes that the CUP conditions can be met and unresolved issues might be resolved with additional effort by the applicant. It is also Staffs opinion that the applicant has not fully addressed all issues brought forth at the June 10`" council meeting. It is possible that they can be addressed in the near future. While the applicant's request for Council action may be premature, denial of the request at this time may not be appropriate if Council believes the remaining issues can be resolved. Gaffron stated if the applicant is successful in his pursuit of a purchase of the marina property that would open up some opportunities that were previously unavailable under the divided ownership. In addition, the applicant must continue to keep pedestrian safety at the forefront and be cognizant of the challenges based on the proximity to Shoreline Drive and the fuel tank issue must be resolved prior to the 2014 boating season. The temporary fueling facilities should not be allowed after the 2013 season. Gaffron requested the City Council provide direction to Staff on whether to draft a resolution for approval or denial or table the application and provide direction to Staff and the applicant as to what additional items must be resolved or addressed prior to Council action. Luke Kujawa Your Boat Club, stated Mr. Gaffon had done a good job with the overheads demonstrating the parking. Kujawa stated at the Planning Commission meeting there were three main items that were brought up dealing with ownership questions, liability at the residential house and improperly using the residential property, and land use,which really is the only one that has to do with a conditional use permit. Kujawa stated at the previous meetings he has spent a lot of time explaining where Your Boat Club is coming from and the operations of the business. Kujawa noted he does have some members of his staff and other marina landowners present at tonight's meeting and that he will attempt to make his comments brief. Page 10 of 37 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 L UKE KUJAWA O YOUR BOAT CL UB, 1444 SHORELINE DRIVE— CONDITIONAL USE PERMITAMENDMENT, Continued) Kujawa stated he would like to first address the fuel storage. All requirements of the fire chief have been met and selling of gas is a permitted use in the B-2 District. Kujawa indicated he has actually purchased four different tanks in an attempt to comply with the requirements and as of the present time Your Boat Club meets all requirements for the temporary usage. Kujawa indicated he would like to install an underground tank and that he did have City approval for that at one point. Kujawa stated that plan changed because of the location of the dispenser itself and they are now required to go through the LMCD to have the dispenser on the dock. Preliminary discussions with the LMCD have been had and it may be necessary to reconfigure a couple of slips to comply with their regulations. Kujawa stated he will be addressing that over the winter. As it relates to the ownership and management of the property, EOF Investments currently has three partners, including himsel£ Kujawa noted one of the documents listed his wife as one of the managing partners,which has been changed and new documents are available to be submitted. Kujawa indicated he does have a lease for the residential property located at 1442. Kujawa stated he also has in hand the boat club lease for the slips and gazebo as well as the lease with Browns Bay and River Valley Power Sports and he can provide those to Staf£ In addition,EOF Investments has a signed and executed purchase agreement on the rest of the marina,which will also be provided this evening. Kujawa indicated he was hoping to be closed on the property by tonight but there were a few issues that slowed that process down. Kujawa stated in his view ownership is not a reason to deny approval of the application. Kujawa noted the slips on the Taniger Bay side are currently all private tenants and are all leased with the exception of one slip. Kujawa indicated he does have that slip map available tonight as well. As it relates to Requested Item No. 5,Kujawa stated the NPDES permit is brand new and was brought to his attention at the last meeting. Kujawa indicated he has had multiple conversations with the MPCA. During the first three meetings with the MPCA,they were unaware of the permit. Late last week an email was received from the MPCA indicated that if gas is being sold on site, that would be the trigger that would require the permit. The boat club is moving towards that goal and intends to comply with whatever conditions are required. The MPCA also indicated that the current site owner needs to apply for it and not a tenant. Kujawa indicated he is working with the property owner but he was just made aware of this requirement a couple of days ago but that they fully intend to comply with the regulations. Kujawa stated as far as liability insurance, documentation has been submitted for River Valley Power Sports and Your Boat Club. In addition,EOF Investments has been added to the liability policy. As it relates to the conditional use permit, Finding No. 9 states that the use is not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The marina is already zoned a B-2 marina and the residential properties have a permanent and ongoing lease for parking. Kujawa stated he does not believe Your Boat Club causes any additional impact. Kujawa stated there is no doubt that as their boats get used more, it will require more parking, but that the steps they have taken have improved the parking on site and make the parking on site better than before they were a tenant. Page 11 of 37 MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 LUKE KUJAWA O YOUR BOAT CLUB, 1444 SHORELINE DRIVE— CONDITIONAL USE PERMIT AMENDMENT, Continued) Finding No. 11 states the use should not create a nuisance. Kujawa commented he does not know how Your Boat Club would create any of these nuisances over and above what a regular B2 zoning district allows. Kujawa noted no onsite repair is being done and all service is performed off site unlike a full- service marina. Kujawa stated as it relates to Finding No. 12,the parking currently is being managed and the parking areas are being cleaned up for better access. In the past there have been very,very few times when anyone has to back out on to County Road 15. One of the things that has been mentioned in the past is that the access point to the wedged shaped parking lot should be closed and/or narrowed. Kujawa stated the more time he spends on the parking plan, it has become clear that the wide access spot makes it the easiest to exit and enter. Kujawa stated he would propose that that access point not be shrunk down. Kujawa indicated the parking lot plans that have been submitted were the sketches done by Classic Parking and were based on their managing of the site. Kujawa noted while the double parking has been raised as an issue,that is standard with a number of marinas in Orono. Kujawa stated people using the same boat will typically show up in more than one car,which allows for the double parking. Kujawa stated the parking meets all city codes and the stalls have been striped. Kujawa stated the overflow lot by the houses and the wedge shaped lot mainly consists of the double parking which will be managed and will not be a problem. Kujawa noted they were also asked to address directional signage. An issue that was raised at the last meeting was what happens when a River Valley Power Sports customer parks on the Browns Bay side and crosses the road. Kujawa stated while that may happen on occasion, it is very rare and there is almost always parking available on that site. Your Boat Club members are parking on the Browns Bay side and filling up those lots first. Kujawa indicated their move from one side to the other side of the marina was done primarily to slow down the number of pedestrians crossing that road and that they are trying to minimize that. Kujawa stated it is important to note that of the three operating entities on the site,the marina was a prior tenant and all three entities need the parking to be managed properly. If there are customers that cannot stop and park,they will not be stopping to purchase a boat or utilize the boat club. Last year the parking lot was striped, which has improved the situation considerably. Double parking spaces were also introduced this year,which is being done currently at other marinas in the City. In addition, Classic Parking has been hired to manage the parking and they intend to have someone there on the weekends directing traffic. Kujawa noted parking on the site varies with the seasonal. River Valley requires more parking in the spring and for the majority of the summer he has only three pontoons on display,which leaves room to parallel park in that area. Kujawa noted the City's current code requires 70 stalls. In very conservative numbers,there are 26 parking stalls available in the paved lot, 24 at the gazebo, and 21 at the residential lot,which gives a total of 71 parking sites on site. That number does not include the wedged area. If double parking is allowed,that would provide a total of 95 spots,which is substantially more than what is required by the code. Page 12 of 37 , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 - 7:00 o'clock p.m. (6. #13-3606 LUKE KUJAWA O YOUR BOAT CLUB, 1444 SHORELINE DRIVE— CONDITIONAL IISEPERMITAMENDMENT, Continued) Kujawa noted John Woodin, one of the top boat sellers in the country, is out of town but that he did send a letter of support of the application. McMillan stated the applicant appears to be making good progress on this site but that she personally agrees with Staff that this application is somewhat premature. McMillan stated until things are finalized and some of the ownership issues are resolved, she does not want to expand the use. McMillan indicated there are still some issues that need to be addressed prior to approval. Kujawa asked what issues Ms. McMillan is referring to. McMillan indicated the fuel tank is one of the issues as well as some of the parking. McMillan commented it was a good idea to bring Classic Parking on board and that she would be interested in seeing if the whole parking situation will be reconfigured since he now owns the residential lots. McMillan stated she would rather see steps being made towards structural improvements before approving the application. Michael Gellis, EOF Investments, stated he is Mr. Kujawa's business partner and that they have spent considerable money out of their own pockets to resolve some of these issues. Gellis indicated they are looking at making a major purchase and that it is tough to resolve the ownership question when they do not know if they will have a working marina to justify the expense. Gellis commented it is very difficult as a private business to do that. Gellis stated in his view they have addressed the concerns to the best of their ability given the fact that they are a tenant and not an owner. Gellis stated they cannot apply for the fuel permit until they own the property and they cannot buy the property until they know they can run the boat club. Gellis noted the parking lot did not reach 65 percent capacity even on the biggest weekend of the year while it was being actively managed. Gellis noted most cities do not require businesses to have parking for the busiest day of the year. Gelis indicated they have a vested interest in working with the City and that they do not want to have an accident with someone crossing the street to get to one of their boats. Gellis commented it comes down to a chicken and egg situation. Gellis asked whether Mr. Gaffron, in doing his initial research several years ago, was able to find any precedence anywhere in the nation for a boat club to have a conditional use permit to operate. Gaffron indicated he is not sure whether he can answer that at this time but that he does recall the issue of excess parking for the boat club being discussed. Gellis stated he has researched it and that he recalls Mr. Gaffron stating that there is no precedence and has never been required before. Gellis indicated at the seven other municipalities where they operate, they are not required to have that. Actively managing the parking is much better than simply operating a marina where any number of people could show up and park. The parking management company prevents people from crossing the street unsafely. Page 13 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. - (6. #13-3606 L UKE KUJAWA O YOUR BOAT CL UB, 1444 SHORELINE DRII�E— CONDITIONAL iISE PERMIT AMENDMENT, Continued) Gellis noted they are not looking to add boats and that there is nothing preventing him from putting 20 boats in there and renting them for a dollar apiece. Bremer commented he would also not make money doing that. Gellis stated he is hoping the Council can take a moment to look at it from a private business owner's eyes. Your Boat Club supplies a lot of residents with access to the lake. Gellis indicated he is currently turning business down right now because they cannot use the boats. Gellis stated he needs to know whether he can expand the business a little bit in order to justify the expense of purchasing the marina. Gellis indicated they are willing to work through these issues and they have demonstrated that they have been doing that. Brian McGoldrick, 36 Moonlight Bay, Stillwater, stated he owns a 200 boat marina in Stillwater as well as a restaurant/bar. McGoldrick indicated Your Boat Club has been one of his better clients for the past four years. McGoldrick noted White Bear Lake requires one for four parking. Orono is at six for ten. Bayport and Hastings and Stillwater on the St Croix River are one for three. Orono is almost double some of the other cities and has probably some of the most stringent parking requirements in the state. McGoldrick noted he does not have a problem with the parking at one to four. McGoldrick stated he also gets very concerned about the privatization of an asset. Lake Minnetonka is a natural asset and does not belong to anyone. Ninety-nine percent of the residents in White Bear Lake do not live on the lake and do not own a boat. Your Boat Club provides access to people who might not be able to get to the lake. Your Boat Club provides a vehicle for people to be able to use a natural resource that would otherwise be limited. McGoldrick stated one of the unintended benefits that he sees as a business owner is that a City will have a lot of people that will come to the community and visit other businesses. McGoldrick stated he hopes the City Council gives some strong consideration to what Your Boat Club is doing and are attempting to do. McGoldrick stated in his view it will be a great asset for the community. Kujawa stated as it relates to the fueling,Your Boat Club will have the same operating issue next spring regardless of the number of boats if the fueling issue is not addressed. Kujawa stated the number of boats is completely unrelated to the fueling issue. Granting of the conditional use permit amendment will allow them to purchase the marina. Kujawa noted the unoccupied house has no revenue potential at all but yet they spent a great deal of money purchasing the property and working with the City. Kujawa indicated they are attempting to grow their business and continue to operate out of this site. Page 14 of 37 � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 L UKE KUJAWA O YOUR BOAT CL UB, 1444 SHORELINE DRIVE— CONDITIONAL IISE PERMIT AMENDMENT, Continued) Kendall Summerlot, Classic Parking, stated Classic Parking has been in the business for over 20 years, with the current ownership in place since 2006. Classic Parking is known by many to have the best valet service in the Twin Cities. Classic Parking believes its success comes from providing superior customer service, upholding integrity, professionalism and hard work. Classic Parking provides service for golf courses,country clubs, restaurants, hotels, event centers, private parties, corporate functions, lot management, and traffic control. Classic Parking is fully insured for all valet services and some of its main locations are the Lafayette Country Club, Woodhill Country Club,Nicollet Island Inn, some places in Maple Grove as well as Your Boat Club. Classic Parking also provides service for a lot of private parties and over 40 percent of the locations Classic Parking works at are in the Lake Minnetonka area. The goal of Classic Parking is to provide quality service, improve traffic flow, maximize parking space„ and help guests get to their destination. As far as Your Boat Club is concerned, in the past there has been a concern expressed about parking. In order to alleviate this concern, Classic Parking has been working with Your Boat Club since June 21 of this year and has been actively managing the lot since June 30. Since Classic Parking has taken over management of the parking,there has been no vehicles parked on Shoreline Drive and pedestrian traffic crossing Shoreline Drive has been minimal. All cars are parked so they are able to pull forward on to Shoreline Drive. Working together, Your Boat Club and Classic Parking has restriped the parking lots to comfortably create 22 additional stalls when managed properly. Summerlot stated since Classic Parking has been managing the lot,parking has never exceeded 65 percent of the lot,which included the 4`h of July. Summerlot indicated there are some issues that do come up periodically, which is why they are on site. Some of the lots are tight and if it was easy,Classic Parking would not need to be there. Summerlot stated some people see double parking as an issue,but as was previously noted,there are other marinas in the city that do that as well. When the boats are on display at River Valley,they take up two to three parking spots each but parallel parking is still available next to them. Summerlot stated they also have the possibility of relocating a few things with the purchase of the residential propery. River Valley Marina closes at 3 p.m. on Saturdays, and as of right now,there has not been a need to use the River Valley Marina or overflow house lot. Classic Parking also provides offsite parking if necessary. Classic Parking works with several businesses in the area, such as the Lafayette Club, Woodhill Country Club, and St. Martin's Church, and those facilities could potentially be used to park cars and keep them off residential streets. Page 15 of 37 MINUTES OF THE , ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 L UKE KUJAWA O YOUR BOAT CL UB, 1444 SHORELINE DRIVE— CONDITIONAL USE PERMIT AMENDMENT, Continued) Summerlot stated as an operating marina with multiple businesses and boats and customers coming and going,the exact parking situation is subject to change on a day-to-day basis. Weekends present the most pressure on the parking spaces available and the businesses want to effectively manage parking for their customers and clients and have shown an eagerness to do so. It is the professional opinion of Classic Parking that Your Boat Club has not come close to filling its immediate lots when managed and will not come close to filling its lots with the additional ten boat slips for boat club use. In addition, parking is simply a management issue and an increase in boat club boats can be easily managed. Classic Parking is ready to assist the owners to safely and functionally handle their parking needs if they expand their business. McMillan asked if they have a dedicated offsite parking. Summerlot stated they do not because it would be difficult to have a designated lot due to the different facilities hosting various events at different times of the year. Jerry Johnson, 16515 Black Oak Circle,Minnetonka, stated he is one of those people who do not have access to the lake without Your Boat Club. Johnson indicated he has found in dealing with Your Boat Club that the owners are fantastic about meeting their commitments to their members and that he would encourage the City Council to take into consideration the need for a business owner to know that he can make a return on his money and allow them to go forward Steve Davis, 2630 Forest Avenue, indicated he is a member of Your Boat Club. Davis stated in his view there is resolution to the issues and that it is important for the City Council to consider the health of the business,which has an effect on the satisfaction of the members of Your Boat Club. Your Boat Club provides access to the lake but that access is currently being hampered by some of the conditions that the amendment will help alleviate. Fire Chief James Van Eyll stated the fuel tank has been relocated to the wedge shaped lot and they have added the venting and posted the signs,which were all requests of the state fire marshal. Temporary fuel storage has been granted until September 15. McMillan asked if there is an issue with the fuel tank being located close to parked cars. Van Eyll indicated he does not see a huge issue with it at this time. The fuel tank is located on a trailer which will help prevent people from backing into it. Levang asked if this is temporary. Van Eyll indicated the 90 days end on September 15. Anderson asked if there are other marinas in Orono with similar situations. Page 16 of 37 � MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 LUKE KUJAWA O YOUR BOAT CLUB, 1444 SHORELINE DRIVE— CONDITIONAL USEPERMITAMENDMENT, Continued) Van Eyll stated there is one other marina in the City that performs fueling operations prior to the season opening and that arrangement was put in place prior to him becoming a fire marshal. Anderson stated she understands the temporary issue and asked if they can finish the season. Van Eyll indicated he would be willing to extend it but that it would be the City Council's choice. Printup asked if the other marina with the portable tank pulls a permit every year. Van Eyll stated the boats are fueled before they are put into the water and that it is used only in the spring. Van Eyll stated to his knowledge they are not required to have a permit. Levang stated she would either table the application or deny the application since the conditional use permit runs with the land and there are a number of issues that are still not addressed. Levang stated while there has been some significant changes, it is not enough to satisfy her. Anderson noted she has been advised by City Staff not to vote on this matter given the fact that her son has worked at Your Boat Club for the past two seasons but that she will not recuse herself from the discussions. Anderson stated from the perspective of an employer, Your Boat Club has done a good job of employing some of the local youth in the community. Anderson stated in her view there are a number of good kids that are employed there that are learning how to deal with people very day. Anderson stated as it relates to the access part of it, she finds that to be a positive attribute of the boat club business model since Orono does have a number of citizens that do not have access to the lake and Your Boat Club allows them access. Printup indicated he agrees that it is a good business model and that he enjoyed hearing how the business is growing to such an extent that it cannot accommodate everybody. Printup stated his feeling coming into this is that two months ago the Council wanted to see certain things accomplished. While big steps have been taken to accomplish those things,there are some issues that remain unresolved. Printup indicated he is not in favor of denying it and that he is leaning more towards tabling it. Printup noted he has previously said he likes the concept of Your Boat Club, and while the boat club has an investment to make and ensure that all their ducks are in a row,the City Council needs to watch over land use issues and issues with neighbors. Bremer indicated she is in agreement with Council Member Printup and that she is more in favor of the expansion than she was two months ago. Bremer noted there were a few issues that were discussed tonight where information was not available prior to Staff's memo being written,and that she would recommend that information be supplied prior to the day of the meeting. Bremer commented a lack of information is the kind of thing that causes folks to become nervous and want to table something because the Council Members have not had the opportunity to fully hear and review everything before it was presented tonight. Page 17 of 37 MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 L UKE KUJAWA O YOUR BOAT CL UB, 1444 SHORELINE DRIVE— CONDITIONAL USEPERMITAMENDMENT, Continued) Bremer requested Staff address what is still outstanding and needs to be addressed. McMillan asked if there was new information submitted tonight. Gaffron indicated there are a few things that are new tonight. Staff has known about the parking management company and the information presented tonight is similar to what is included in the packet. Staff has not had an opportunity to review the liability insurance certificates but is a minor issue. Gaffron stated in his view it is important to discuss the fueling situation and that he just found out today that there is a September 15 expiration of the temporary approval. Gaffron stated if the Council is willing to extend that through the end of the season, he would be fine with that. Gaffron noted the house at 1440 has been discussed with the applicant previously and that if the applicant is able to purchase the marina, a wholesale revamping of the layout of the site would go a long way towards resolving things. Gaffron commented he understands the chicken and egg issue, but at the same time the City needs some commitment that that is going to happen since a conditional use permit is permanent and goes with the property. Gaffron stated to go from 20 to 30 boat club users may or may not have an impact on the parking but it is a fact that the City Code allows boat rental as a permitted use in the B2 District. Gaffron indicated the prior discussions a couple of years ago regarding the difference between a boat club use and a boat rental showed that the difference is nebulous. Gaffron noted the City Council at that time did not choose to require a greater level of parking for the boat club. If there is a difference, it is how often a boat club boat goes out and the same thing could happen with a boat rental business. (Recess taken from 9:00 p.m.to 9:08 p.m.) McMillan asked Mr. Gaffron to clarify the difference between denial and tabling an application. Gaffron indicated a conditional use permit process is similar to a variance process. Under a variance application that is formally denied by the Council,the applicant cannot reapply for six months. Gaffron indicated he would have to look at the code to see if that applies to a CUP. Gaffron stated at this point in the process,the applicant has provided the City with one extension and the second extension expires on August 17. The applicant has been asked to make another extension through October. Gaffron noted the City Council does have the ability to continue the discussion up through October 16 and they are not bound to make a decision immediately. Gaffron stated from the perspective of what the additional time would allow Staff would then have an opportunity to really review the information that has been provided. The current parking layout was not to scale and Staff has no basis to look at it and attempt to compare it to what is contained in the code. Page 18 of 37 ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 L UKE KUJAWA O YOUR BOAT CL UB, 1444 SHORELINE DRIVE— CONDITIONAL USE PERMIT AMENDMENT, Continued) Gaffron stated in his view the applicant has demonstrated that with management of parking they can make that conceptual parking work, but in the future, if Staff would like to see some changes to the layout of the marina, it will require an accurate,to scale document. The question remains that there is nothing that addresses double parking. What the applicant is doing to manage parking is different from what the code states, so it becomes something that the Council needs to decide whether that is acceptable on a long-term basis. Gaffron noted there is no guarantee that that parking management will continue into the future. Gaffron indicated the City is also back to the discussion that was held a few years ago on whether it should be a license rather than a conditional use. Gaffron indicated the parking plan is somewhat addressed by their management plan. Gaffron noted confirmation was received today from the fire chief that the venting was taken care of, which was new information. Since the temporary approval is only good until September 15, it will need to be addressed at some point in the near future. In addition,the property owner status is still in flux and Staff is not sure whether the applicant will end up owning the other property. Gaffron commented if the applicant is able to acquire the marina it would open up more opportunities for revising the layout of the site. Gaffron indicated the in water slips on the Tanager Bay side is not a critical issue at this time. The NPDES permit is something Staff was not aware of at the last meeting and,according to the applicant's own investigation it appears the people at the MPCA do not have a good handle on it at this time. Gaffron indicated that is probably not critical at this point. Gaffron stated it comes down to the findings that the Council needs to make on whether to allow expansion of the use on this site. The City can deal with the house at 1440 Shoreline ultimately and the police chief has noted there have not been additional incidents. Gaffron stated the parking management company has helped make this site work. Anderson noted the marina owner has to apply for the NPDES permit and it applies to when they are selling gas. Gaffron indicated that is the information that the applicant has provided and that he is taking it at face value at this point. McMillan asked whether the applicarit would like his application tabled or denied at this time. Kujawa indicated he would prefer the application be approved but if that is not the case, he would prefer • the application be tabled. Kujawa noted the house does not have anything to do with the conditional use permit and that they do own it now. What happens with the residential property depends on whether they are able to purchase the marina. Kujawa noted the three things that were listed regarding the parking and the access and the disturbance is what the conditional use permit boils down to. McMillan stated the fuel tank situation also needs to be addressed. Kujawa asked how that applies to the application and the number of boats that are allowed. Page 19 of 37 MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 L UKE KUJAWA O YOUR BOAT CL UB, 1444 SHORELINE DRIVE— CONDITIONAL USE PERMIT AMENDMENT, Continued) McMillan stated she does not want to add any extra boats to a noncompliant fuel tank situation. McMillan noted she understands the applicant is working on that situation and that there are also some parking issues that need to be addressed. Gellis asked if the fueling situation is part of the CUP. Gaffron noted this marina has not had fueling previously under past licenses. Fuel sales are an accessory or permitted use within the marina district. McMillan noted the first fueling situation for Your Boat Club was 20 some 5-gallon red plastic cans that were trailered from the gas station and stored on site a couple of years ago. McMillan commented that obviously the portable tank is an upgrade but that the situation is still not where it should be. Printup stated the transport of the fuel has been issue. Printup asked if the applicant will be applying for temporary fuel storage next year. Gellis indicated they are working towards permanent fuel storage. Gellis stated in his view the fuel tank situation does not have anything to do with the conditional use permit and is not part of what is before the City Council. Gellis stated he is not sure why the fuel would prevent the Council from moving forward on the CUP. Gellis indicated he could drive the boats and gas them offsite or the Council could deny the boat club the ability to fuel the boats. McMillan stated when this conditional use permit was initially approved, she was not aware of how the boats were being fueled and that she was unaware of how that was occurring. McMillan indicated she did not become aware of the situation until it was pointed out to her later. Kujawa noted that has not happened in over two years. McMillan stated when she first initially approved the application, she was not aware that was going to happen and that she would have had an issue with it at that time. While that has improved,the fuel tank is not permanent and the situation needs to be resolved. Kujawa stated if they go beyond the 90 days, he would appreciate it being extended through the season so they can work on this issue over the winter and hopefully get the underground tank installed. McMillan stated it is hard to expand something that is not perfect and that it will be harder for the City to dial it back if problems arise. McMillan stated the Council could make it a condition of the approval but that she would prefer an additional two weeks to think about the application. McMillan indicated she does not want to rush this decision and that the City needs to make sure everything is up to the appropriate standards. Page 20 of 37 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 LUKE KUJAWA O YOUR BOAT CLUB, 1444 SHORELINE DRIVE— CONDITIONAL USEPERMITAMENDMENT, Continued) Levang noted this is a conditional use permit and that the use will go with the land forever. Levang stated the Council needs to be cognizant of what happens with this property and that the Council has to make a decision that lasts the test of time,which puts a lot of responsibility on the Council's shoulders. Levang indicated she is not willing to make a knee jerk decision and that she needs further information. Levang noted the fuel situation is a liability issue and the City does not want to see anyone get hurt. Gellis stated he is attempting to get clarification and understand how he can address the fueling issue when he does not own the property. Levang stated obviously he needs more time to think about this as well as the City Council. Gaffron stated permitted uses in the B-2 District include rental of in water boat slips, sales of boats, motors,trailers and marina accessories, repair and servicing of boats, on land storage of boats winter and summer. Gaffron noted there has been minimal storage at this marina the last few years. In addition, marine fuel sales are a permitted use. Gaffron indicated what Your Boat Club is doing today is providing marine fuel to their boat club customers. Also permitted are fishing tackle sales. Accessory uses allowed include signage, boat head pump-out, sanitary boat waste dumping facility, fishing tournaments subject to all other permit requirements of the code, sale of prepackaged food from vending machines, dive shops, a club house, a gazebo, lessons,teaching, sailing schools,rental of boats, sail board sales and rental, ice boating sales and rental service, ice fishing tackle sales and cross country ski sales. Gaffron noted those are all permitted uses once you have a main use. In addition,there are five conditional uses that are allowed. Number one is boat clubs or time share. The applicant shall demonstrate that adequate parking is available on site, which is the only condition that goes with a boat club. Other conditional uses allowed include public boat launching on demand,which is where there is a ramp and people come in and pay the person to let them put their boat in the water, public boat launching transient; on demand dry stacking where the boat stays there;transient public boat launching,which is the ramp; and charter boat port of call. Gaffron noted none of the City's marinas have been approved for a charter boat port of call for a variety of reasons. Finally, a caretaker dwelling unit subject to conditions of limitations for such use as might be imposed by the Council. Gaffron stated the basis for a boat club being one of the five conditional uses had to do with the parking demands primarily,which is the one condition that was placed on it. The owner has to demonstrate adequate parking is available but no standards were put in place by the Council. Gaffron stated the City Council has to be comfortable that they have demonstrated adeyuate parking is available. Anderson asked if the Council could place some contingent items on the property even if adequate parking is demonstrated. Mattick stated the Council has had a lot of concerns about parking and the applicant has taken some steps to address those concerns. The Council is saying that there has been some good progress made but if the Council would like to look at it closer and perhaps do a site visit to get a handle on the situation, it is appropriate to table it for a couple of weeks to allow them to look the situation over. Mattick stated there is a basis to table the application and that the Council can take its time to make sure that the business is being operated properly and to think about other items that might not have been addressed. Page 21 of 37 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (6. #13-3606 L UKE KUJAWA O YOUR BOAT CL UB, 1444 SHORELINE DRIVE— CONDITIONAL USEPERMITAMENDMENT, Continued) Mattick stated if the parking can be resolved satisfactorily,the Council should make sure there are not other activities occurring in the parking lot, make sure the appropriate conditions are in place, and then move the application along. McMillan asked if there could be a condition to identify a permanent site for the fuel tank. Mattick noted the applicant cannot make application for a permit until they own the property but the City Council could request information on how the fueling will be handled in the future. Kujawa noted he did submit a diagram that is included in the packet for a permanent fuel tank location. Curtis displayed the diagram on the overhead. Kujawa stated the site is located 75 feet from the lakeshore and meets all City setbacks. Kujawa indicated there is space in that area to put an underground tank. That area has been identified and discussions have been started with the LMCD to get the tank approved. Kujawa noted if they go beyond the temporary fueling period,they will have no other option but to consider fueling at other marinas but that should not impact the application. Printup asked when he expects work to begin on the fuel tank. Kujawa stated they can start moving forward immediately and that a big part of the holdup was identifying a location. Kujawa indicated they have already obtained estimates from the contractor for installation of the dispenser and tank. The project had initially been started on the other side of the road when it was discovered that the dispenser could not be located in that location so the dispenser was relocated to the dock. Kujawa indicated he has already started discussing it with Greg Nybeck of the LMCD and that he was told they would be allowed to put the dispenser out at the end of the dock as long as they do not use the two end slips. Kujawa stated he would like to have it up and running by the spring. McMillan asked if there will be more definitive information on this in two weeks. Kujawa stated he already knows where it is going to go. McMillan stated she hopes two weeks will give him enough time to resolve all the issues and submit the required information. Printup moved,Bremer seconded,to allow a temporary gas unit for use by Your Boat Club until October 15,2013. VOTE: Ayes 4,Nays 0,Anderson Abstained. Printup moved,Levang seconded,to table Application No. 13-3606 Luke Kujawa of Your Boat Club,LLCBrown's Bay LLC, 1444 Shoreline Drive, until the applicant is prepared to proceed. VOTE: Ayes 4,Nays 0,Anderson Abstained. Page 22 of 37 ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. *7. #13-3611 REVIS& MEGHAN STEPHENSON, 1850 FOX RIDGE ROAD—VARIANCES —RESOLUTION NO. 6306 Anderson moved,Printup seconded,to adopt RESOLUTION NO. 6306,a Resolution Granting Variances to Orono Municipal Code Sections 78-420,for the property located at 1850 Fox Ridge Road. VOTE: Ayes 5,Nays 0. *8. #13-3612 DALE GUSTAFSON ON BEHALF OF JOHN AND BARBARA CORNESS,4395 NORTH SHORE DRIVE—V ARIANCE,CONDITIONAL USE PERMIT—RESOLUTION NO. 6307 Anderson moved,Printup seconded,to adopt RESOLUTION NO.6307,a Resolution Granting Variances from Municipal Zoning Code Sections 78-1279,78-1282,and 78-1680,and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-78-966. VOTE: Ayes 5,Nays 0. *9. #13-3613 GABRIEL ABBOUR,430,440,AND 450 BIG ISLAND—LOT LINE REARRANGEMENT—RESOLUTION NO.6308 Anderson moved,Printup seconded,to adopt RESOLUTION NO. 6308,a Resolution Approving a Subdivision of a Lot Line Rearrangement. VOTE: Ayes 5,Nays 0. 10. #13-3614 FRED JOHNSON ON BEHALF OF PATRICIA L.PFEFFER, 1565 ORCHARD BEACH PLACE—VARIANCES Fred Johnson, Applicant, was present. Gaffron stated the applicant is requesting the following approvals for construction of a residence on this vacant substandard property: 1. Lot area variance to allow construction on a lot of 9,641 square feet where 43,560 square feet is required. 2. Lot width variance to allow construction on a lot of 83 feet defined width where 140 feet is required. 3. Rear setback variance to allow rear(north)setback of 12.9 feet where 30 feet is required. 4. Side street setback variance to allow east side street setback of 25.4 feet where 35 feet is required. 5. Average lakeshore setback variance to allow the proposed residence to be located 75 feet from the lakeshore, an encroachment of approximately 50 feet lakeward of the average setback line defined by the adjacent residence at 1555 Orchard Beach Place. 6. Conditional use permit and variance required for 0-75 foot grading/filling/excavating in excess of 10 cubic yards. Grading plan suggests that in order to deal with drainage on the site,they would need to grade within 75 feet of the lake. Page 23 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (10. #13-3614 FRED JOHNSON ON BEHALF OF PATRICIA L. PFEFFER, 1565 ORCHARD BEACH PLACE— VARIANCES, Continued) Gaffron stated according to the City Attorney,there is no question that the applicant cannot meet the average lakeshore setback and the City is not obligated to allow this property to be buildable. The summer home that was on the property burned down approximately 60 or 70 years ago. There was a garage or accessory building removed in 1980. The parcel has historically been assessed at a value significantly below that of a buildable site. Gaffron noted the assessor has informed him that the lot has been valued significantly lower than other buildable properties of the same size. Gaffron noted the property was formally denied a variance in approximately 1978. There have been previous requests for building permits that have been informally denied. The original plat designation as "Commons"suggests that this site was originally platted as a neighborhood amenity rather than as an individual building site. Gaffron indicated he is not sure what the commons designation really meant back then but that typically today commons property is owned by an association for the benefit of the association and not just an individual. Gaffron stated given the character of the surrounding neighborhood,this property at .22 acres is one-fifth the size of other residential lots within the immediate neighborhood. The majority of the houses in the neighborhood are also set back 150 feet. This house would be an a�omaly and the proposal would place the structure closer to the street than any other home on Orchard Beach Place. In addition,nearly all vegetation will likely be removed as part of the building process, which potentially will alter the visual character of the neighborhood. In order to perform the necessary grading,the applicant will need to remove approximately 75 percent of the vegetation on the site and that it is doubtful whether the applicant can save the trees. The grading on the site will result in a significant impact to existing protected trees and any development on this lot will be in conflict with any number of goals contained in Orono's Community Management Plan. The Planning Commission held a public hearing and the neighboring property owners have expressed concern with the proposal. The Planning Commission voted 6-0 to deny the application. Staff is recommending denial and is looking for direction to draft a resolution reflecting the Council's action. Paul Larson, Applicant, stated he is a real estate developer and that he has worked in Orono in the past. Larson commented this is a tough property to develop, but under Minnesota Statutes,the practical difficulty statute, which is 462357, clearly states that the board of appeals and adjustments have the power with respect to the zoning ordinances to hear and decide appeals where it is alleged that there is any error in any order, requirement, decision or determination made by an administrative officer in the enforcement of zoning ordinances. The statute also clearly states that variances may be granted when the application establishes that there are several practical difficulties in complying with the zoning ordinance. Larson noted the ordinance regarding line of sight is impossible to meet on this lot. Larson stated to his knowledge Tonkawood and Shorewood do not have that ordinance. The whole lot is outside of the line of sight, so it is impossible to meet, which creates a practical difficulty. Page 24 of 37 ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (10. #13-3614 FRED JOHNSON ON BEHALF OF PATRICIA L. PFEFFER, 1565 ORCHARD BEACH PLACE— VARIANCES, Continued) According to the City's zoning book, Page 78-1134, variances could be granted if a determination is made that the failure to grant the variance will result in exceptional hardship to the applicant. The land was purchased 33 years ago for$150,000. Larson commented this is a valuable piece of ground and has 83 feet of south facing lakeshore, is wooded and private. Larson indicated when he came to the City to ask about a sewer stub,he was told there was not one. The tax assessor was also told there is no sewer stub. A city official by the name of Thomas Jacobs in 1981 signed a demolition order and put it in writing that there was no sewer stub. Larson stated the City has misrepresented to everybody that there is no sewer stub there. Larson indicated Hennepin County has the assessment records showing where the land was charged for lateral sewer. Larson stated there are also errors in the City's documents. The 1978 resolution states under Item 2 that the property is deficient and consists of 8,000 square feet. Larson indicated the property actually consists of 9,600 square feet. There is also a 19-foot boulevard in the area and a portion of that could be vacated to allow this property to get to the required 10,000 square feet. Larson indicated he has the original 1880 plat. Larson stated the 1978 resolution also states this lot has 80 feet of lakeshore. Gaffron indicated the resolution is E�ibit H of the Planning Commission packet. Larson stated Items A and B in the resolution are incorrect. The state statute refers to errors made in a resolution. Item D is also in error. Larson commented half of the stuff in the resolution is bogus and that Item 5 is in error. Larson indicated he has a survey with elevations showing that the property is on a hill and that the property does not flood. McMillan stated they could have mistakenly called it flooding when it is actually runoff. Larson stated Item 7A relates to traffic congestion. Since this will be a two-bedroom house, very little traffic will be generated. Larson indicated the surface water drainage problems have been addressed by their engineer. Water pollution into Lake Minnetonka is impossible and the ground will be protected during construction and the house will be professionally built. Larson indicated they will put a little pond down there if necessary. Larson stated as it relates to Item E, diminishing the values of surrounding properties,this development will not diminish the value of the surrounding properties and will not create any parking problems. Larson stated the 1880 plat shows six 50-foot lots plus another lot that is next to the one they are proposing to develop. McMillan noted those lots do not exist today. Larson stated the intent of the plat was to have these small lots. There is a lot that contains both a house and a guest cottage on it that is clearly marked park. Larson commented there is also another lot that was platted as a common area and not laid out as a buildable lot. Page 25 of 37 MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (10. #13-3614 FRED JOHNSON ON BEHALF OF PATRICIA L. PFEFFER, 1565 ORCHARD BEACH PLACE— VARIANCES, Continued) As it relates to the character of the neighborhood, Larson indicated he has looked at the tax records for the neighboring houses. Both neighbors on the same side of the street have foundations that are equal in size to the house being proposed. Larson stated what is out of character in the neighborhood is the 9,353 square foot mega mansion across the street. The house being proposed for this lot will fit in the living room of that house. In addition,the t�es on the mansion were $35,000, which is not in keeping with the character of the neighborhood. Larson stated the argument that this house is out of character will not fly. Larson stated as it concerns the line of sight,the neighbor's house next door is 20 feet higher than this one. The foundations will have a difference of 17 feet. Larson indicated they are not tied into this plan and that changes can be made if necessary. Larson stated the bottom line is the plat was laid out for little lots and how it was revised is not known. The building plan demonstrates that a house called a park model can fit on this lot. Larson noted another error in the 1978 resolution is the language saying that a house cannot be placed on the lot. Larson indicated he can deliver a brand-new house for$22,000,hook it up to the sewer stub, and fit it on the lot. Larson indicated that would then allow them to have a dock since it will have a primary structure. Larson stated the ordinance says that the neighbor has to sign off on the project. Larson indicated he has been a builder for a number of years and not one time did the neighbor want a new house going next to theirs. Larson questioned why that language has to be in the ordinance. . Curtis noted that requirement is for administrative approval of an average setback variance. Gaffron stated the applicant requires a variance because the neighbor would not sign off on it. Larson stated this property is not a place for the neighbors to dump their leaves and debris and that it is a platted lot of record similar to the lots on Maple Place. Larson stated if this application is denied, he will come back in February with a plan that only requests a line of sight variance. Larson as it relates to the view,the house will be located lower than the neighboring homes and the fact that the previous house on this site burned down and the owners went for 65 years without building it is not a reason to deny this application since it is a platted lot of record. As it relates to the trees, Larson indicated they will only need to cut three trees down and that they will not be clear cutting the lot. Larson commented that the woman who owned the land in 1965 begged the City not to do what they did to her property. There is a practical difficulty associated with this property and it is in keeping with the character of the neighborhood. Larson reiterated the City could vacate a portion of the land next to the boulevard to allow them to get to 10,000 square feet. Larson stated in closing he would like to say that he is interested in protecting the equity that the owner has in the land. The City's zoning law clearly states that the Council should not be denying this if it is going to result in exceptional hardship. Larson encouraged the City Council to correct a huge injustice that was done 30 years ago by previously denying the variances. Printup commented he likes the idea of a little house since he also lives in a little house but that he would be willing to make a motion denying the application. Page 26 of 37 ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (l0. #13-3614 FRED JOHNSON ON BEHALF OF PATRICIA L. PFEFFER, 1565 ORCHARD BEACH PLACE— VARIANCES, Continued) Printup moved,Anderson seconded,to recommend denial of Application No. 13-3614,Fred Johnson on behalf of Patricia L.Pfeffer, 1565 Orchard Beach Place. Bremer asked what the difference is between this lot of record and the state law that gives owners of lots of record some rights. Mattick stated the nonconformity does not comply with today's rules regarding setbacks, etc., and that the fundamental premise of a nonconforming was that they would gradually go away. The legislation primarily dealt with lakeshore lots. With the increase in the number of lakeshore lots, some legislation was passed guaranteeing owners of smaller lots the right to proceed with building without having to get a lot area variance provided some criteria is met. One of those requirements is the lot must have a minimum of 10,000 square feet and all other zoning requirements. Mattick stated when Staff reviewed this application, it was determined that the application does not meet all of those requirements. Mattick stated in this particular instance the change in the state statute does not help the applicant. Bremer asked if a house existed on the lot now, whether the owner would be allowed to rebuild. Mattick indicated they would be allowed to rebuild in that situation but at this point it is treated as a vacant lot. VOTE ON THE ABOVE MOTION: Ayes 5,Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 11. ORONO PUBLIC SCHOOLS—STOP SIGN REQUEST Struve stated on June 26 he received a letter from the Orono Public School District making a request to add at the north school entrance by the middle school and the high school a 4-way stop sign. There are currently stop signs for the parking lots and the school district would like to add one additional stop sign for northbound traffic. Based on some past information regarding traffic patterns and traffic counts,which was compared to the warrants for this stop sign, it was determined, it does not meet the warrants for a stop sign. Struve indicated there is a provision to allow for some flexibility to conduct an engineering study. There are some traffic concerns that arise mainly in the afternoon based on the information provided by the Orono Public Schools. Approximately 350 students per day traverse the roadway. Struve indicated he did present the request to Police Chief Farniok,who is also in support of adding the stop sign in this location. There are some concerns about traffic potentially backing up on to County Road 6. If the Council decides to move forward with the creation of a 4-way stop,the stop sign will be monitored once school starts to see if traffic is actually backing up and the stop sign can be removed if necessary. McMillan asked if the stop sign would help with the buses and pedestrian traffic. Page 27 of 37 MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (Il. ORONO PUBLIC SCHOOLS—STOP SIGN REQUEST, Continued) Struve stated what tends to happen is a bus will come out and block the intersection to allow the other buses to exit,which will hopefully stop that practice. Anderson commented she has seen it stacked from the earlier stop sign closer to 12 all the way to County Road 6 and that it is something that will need to be monitored. Anderson stated there is also a problem with students attempting to cross that road. Levang asked what the distance is between County Road 6 and the new stop sign and then between the new stop sign and the south stop sign. Levang commented there appears there will be a lot of stopping in a fairly short area and asked whether there would be time to get up to full speed between those stop signs. Police Chief Farniok indicated there is a succession of stop signs to accommodate the crosswalk and that the City is not allowed install a stop sign only during certain periods of the day. Farniok stated the stop sign would be more effective just in the mornings and afternoons but that cannot be done. Farniok stated they have seen a migration of students crossing from the west side to the east side and that he has attempted to work with the school district to help alleviate that situation. The students tend to cross over to the middle school to catch the bus there since they do not want to sit on the school bus for those extra minutes. In addition,the buses have to cross from the west side to the east side,which creates more congestion and is a concern as well. Farniok indicated they are observing more and more conflict with the students crossing and more and more near misses. As a result,the drivers are becoming more aggressive by swerving into oncoming traffic to avoid the students. Farniok stated the City will need to look at ways to make this area safer and that one of the concerns is whether traffic will back up to County Road 6. Farniok stated the message needs to get out to the students to use the buses but that they will monitor the situation if a new stop sign is added. Levang asked whether something could be done to highlight the crosswalks. Farniok indicated flashing lights could be placed at that area but the student would have to activate it. Struve stated the distance from the stop sign at the south entrance to the north entrance is approximately 560 feet. Where the proposed 4-way stop is being discussed to County Road 6 is approximately 800 feet. Levang commented it is rather unlikely that people will be able to accelerate to a high speed in that short distance. Farniok stated it would also bring more safety when there are events at the school. Due to the situation with the students crossing,Farniok stated in his view this is a step worth looking at. Struve stated adding two stop signs at$100 would be relatively inexpensive and the LED flashing lights would cost about$15,000. Struve stated the next step would be up to the school district to possibly pursue installing some of those activated flashing lights. McMillan asked who would be monitoring County Road 6. Page 28 of 37 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 dclock p.m. (11. ORONO PUBLIC SCHOOLS—STOP SIGN REQUEST, Continued) Struve indicated the Police Department as well as the Public Works Department can monitor it. Struve indicated the first week of school likely will be pretty telling. Anderson moved,Printup seconded,to install a stop sign at the north middle school entrance making it a 4-way stop. VOTE: Ayes 5,Nays 0. *12. WILLOW DRIVE RECONSTRUCTION PROJECT—PAY REQUEST NO.2 Anderson moved,Printup seconded,to approve Pay Request No.2 for the contractor C.S. McCrossan,in the amount of$510,967.29 for the Willow Drive reconstruction project. VOTE: Ayes 5,Nays 0. *13. 2013 SANITARY SEWER REHABILITATION PROJECT—PAY REQUEST NO. 1 Anderson moved,Printup seconded,to approve Pay Request No. 1 for the contractor Visu-Sewer, in the amount of$52,782.95 for the 2013 sanitary sewer rehabilitation project. VOTE: Ayes 5, Nays 0. *14. CARMEN BAY SHORELINE RESTORATION PROJECT—PAY REQUEST NO. 4 Anderson moved,Printup seconded,to approve Pay Request No.4 for the contractor Sunram Construction,Inc.,in the amount of$1,760.54 for the Carmen Bay shoreline restoration project. VOTE: Ayes 5,Nays 0. 15. 2013 FORCEMAIN IMPROVEMENT PROJECT—BID AWARD Struve stated at the June 10, 2013, City Council meeting,the Council approved a proposal from Bolton& Menk for design services associated with the replacement of sanitary sewer forcemains on Tonkawa Road and Rest Point Drive. The forcemain on Tonkawa is approximately 4,700 feet in total length and the Rest Point forcemain is approximately 560 feet long. A small portion of the Tonkawa forcemain was replaced in 2009 but there was another failure in 2011. The proposed replacement section of the forcemain on Tonkawa has had five failures in the recent years and is in need of replacement. This project is proposing replacing an additional 1,6001ineal feet of the forcemain. In addition,the forcemain on Rest Point has had two failures in recent years. During the repair in the fall of 2012, it was noted the condition of the forcemain has deteriorated to a point of needing immediate attention or the City risks additional failures. Bids were opened on August 6 and GL Contracting was the low bidder in the amount of$229,892.10. This amount is approximately 13 percent below the engineering estimate for the project. Staff recommends awarding the bid to GL Contracting in the amount of$229,892.10 rather than delay the project any further. McMillan asked if this road was identified in the City's CIP. Struve indicated it was not and was an item that was overlooked. Page 29 of 37 MINUTES OF THE . ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (1 S. 2013 FORECEMAIN IMPROVEMENT PROJECT—BID AWARD, Continued) McMillan noted $150,000 was allocated toward sewer repairs this year. Struve indicated the City also has some contingency money in the Sanitary Sewer Enterprise Fund and the City has received a grant from the Metropolitan Council which can be used to offset the costs of this project. McMillan asked what the balance of the Sanitary Sewer Enterprise Fund is. Struve indicated the current balance of the Sanitary Sewer Enterprise Fund was approximately$3 million before any projects were done this year and that there should be enough money to take care of the anticipated projects. Next year the City is planning a$250,000 sewer rehabilitation project which could also be postponed if necessary. Struve indicated he can provide information on the sewer fund. McMillan noted the City did receive some money for I&I repairs as well. Struve stated the City has already received a letter of noncompliance from the Metropolitan Council for the storms in June. McMillan asked how much that will cost the City. Struve indicated the funds that the City is expending this year will cover those costs. The disadvantage to the I&I Project is that it will take the base flow out rather than knock out the peaks. Struve stated whenever a sewer pipe is lined, it will eliminate the inflow but it generally will not eliminate the peaks. Struve noted the Public Works Department is already planning next year's projects to eliminate those peaks versus doing a sewer lining project. Levang asked how long this project will typically last. Struve indicated he would anticipate a three to four week project schedule for Rest Point Road and that it is difficult to determine how long it would take to complete the project on Tonkawa given the number of equipment setups that would be required. Struve stated it could possibly take a week or two longer than Rest Point Road. The contractor also has the option to complete the work this fall or wait until the spring. McMillan asked if the road will be tore up significantly. Struve indicated there will need to be approximately four pits dug and the pits will range from 15 to 16 feet. Levang asked if there will be much disturbance for the residents. Struve indicated there will have to be some bypass plumbing. McMillan commented this would be a good time to examine the sub base of the road to see whether a mill and overlay could be done rather than a reconstruction. Page 30 of 37 ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (IS. 2013 FORECEMAINIMPROVEMENT PROJECT—BID AWARD, Continued) Struve stated two of the pits will be dug in undisturbed areas and will not provide a good look at the sub base but that the other pits could provide that information. Levang stated she would like to be provided with information on the costs associated with a mill and overlay versus a reconstruction after the sub base is examined. McMillan asked if acceptance of the bid could be delayed two weeks. Struve indicated the sooner the bid is awarded the better to help the contractor plan his upcoming schedule. Struve stated a preconstruction meeting has not been held yet so he is not sure how long the contractor is anticipating the work will take. Martinez indicated they have 45 days to reply. Struve stated a delay could potentially affect the construction season. McMillan stated she would prefer to delay awarding of the bid to allow the City Council time to review the financials. Levang moved,Printup seconded,to table award of the bid for the 2013 forecemain improvement project to the August 26 City Council meeting.VOTE: Ayes 5,Nays 0 PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT Struve noted the storm debris drop-off site was reopened following the last storm and will remain open from 8 a.m.to 3 p.m. this week. Struve indicated there is no plan at the present time to leave the site open for longer than that. McMillan asked if the trees will be chipped up soon. Struve stated he is still working with contractors and that it will likely be after October 1 due to the emerald ash borer regulations and the necessity to quarantine wood material taken out of Hennepin County. After October 1 it can be chipped to a certain size and then hauled out. McMillan asked whether people can park on the site for access to the trail. Struve indicated parking for the trail is not allowed at this time. Struve reported the project on Willow Drive experienced a minor delay due to a power line that runs between Dickey Road horseshoe at the bottom of the ditch. The contractor is waiting for the power company to lower that line before they do the final ditch restoration. Paving of the road will happen shortly after that. Struve stated he expects in the next week or so that project will be wrapped up. Levang asked if there are any thoughts about keeping the brush pile open. Levang commented there was a lot of traffic to the site on Saturday and Sunday this past weekend. (PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT, Continued) Page 31 of 37 MINUTES OF THE • ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. Struve stated he has not heard a strong outcry from the residents to keep it open this week or the coming weekend. Struve stated if the residents express the need to have it opened longer,the City could explore their options. Levang stated in her view it should be opened another weekend. Levang noted over the past weekend on Saturday there were at least 100 loads and that there will likely be more people wanting to use it this upcoming weekend. Levang moved,Printup seconded,to keep the storm debris drop-off site open until October 1,2013. Printup stated in his view the site does not need staffing and that he would like to keep it open through October 1 and then over the winter evaluate how it went. Anderson stated she had a number of neighbors asking about the hours and saying that they would like to see longer hours. Levang stated when she was there on the weekend she did not see any abuse and that the residents were very thankful for the site. Levang stated she would like to see it stay open later than 3:00 and until October 1. McMillan asked if the site is getting pretty full. Levang indicated it is. Struve stated they did push some of the brush back to make additional room. Loftus asked if someone from the Public Works Department was working on Saturday. Levang stated someone from the Public Works Department came and pushed it back on Saturday. Struve stated his concern with leaving the site open is that word will spread quite quickly and that residents from surrounding communities will dump at the site. Struve stated he personally would not be in favor of keeping it open over the weekends unmanned since it likely will become an issue. Struve stated leaving the site open until October 1 could snowball out of control preriy quickly. Levang commented she understands his concern and that she is not sure whether more volunteers could be utilized. Levang stated perhaps the Citizen Academy would be interested or other people who would be willing to take shorter shifts. Loftus stated leaving the site unmanned and having the brush chipped for free could work out. Loftus stated in speaking with Don in the Public Works Department,the only potential cost he is aware of, will be the cost of dumping of other materials, such as concrete or asphalt. Loftus stated the Council should be aware that Page 32 of 37 ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT, Continued) Staff might need to come to the Council with a small bill to dispose of something that should not have been disposed there. McMillan indicated she would be voting against leaving it open until October because, in her opinion, that is too long of a period of time. VOTE ON THE ABOVE MOTION: Ayes 3,Nays 2,Bremer and McMillan opposed. MAYOR/COUNCIL REPORT Levang reported she did attend the emerald ash borer session at the City of Minnetonka and that she will be providing Public Works Director Struve with some information. Levang noted all of Hennepin and Ramsey have quarantine in place and that she would suggest that sometime in 2014 the City hold a work session about this issue. The City of Minnetonka has had a plan since 2009. Levang noted the City of Burnsville has allocated $3.2 million to address the problem. Levang stated Orono does need to have a plan and begin working with neighboring cities to develop a plan. Levang stated the options so far are to cut down the trees and dispose of the wood or use an insecticide. The injections are around $250 a piece, last around two years, and are highly successful. Printup asked what the City did years ago to deal with the Dutch Elm problem. Gaffron stated during the late 1970s the City employed a city forester,which ended in 1980. Gaffron indicated he does not recall what the City did to address Dutch Elm disease. Levang asked if the City has a lot of ash trees. Struve indicated he is unaware of what types of trees are in the city-owned parks and that the first step would probably be to conduct a tree inventory. McMillan stated the expense likely will be removal of the dead trees. Loftus commented another factor that should be taken into consideration is the impact on the view if a number of trees need to be removed. Levang requested that item be discussed at a work session sometime in 2014. Anderson asked if Hennepin County has provided a timeline on when the crosswalks in Navarre would be addressed. Gaffron stated last week he was told by Mr. Grube that he would let the City know. Anderson stated she deliberately walked in the crosswalk and was almost hit. Anderson stated that is a good reminder the City needs to keep on top of that issue. Page 33 of 37 MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (MAYOR/COUNCIL REPORT, Continued) Anderson stated she is also anxious to find out about the vote on the streetlights. Struve indicated that information should be available at the next Council meeting. CITY ADMINISTRATOR'S REPORT *16. ACCEPT DONATION Anderson moved,Printup seconded,to accept the donation of a 2005 Ford ambulance from North Memorial Ambulance Service to be used as the Lake Area ERU vehicle and to recognize the generosity and support of North Memorial. VOTE: Ayes 5,Nays 0. Anderson moved,Printup seconded,to authorize the sale of a 1989 Ford van,VIN# 1FDKE30M6KH889655,through the Minneapolis Auto Auction or similar type auction. VOTE: Ayes 5,Nays 0. *17. DISPOSAL OF FORFEITED VEHICLES Anderson moved,Printup seconded,to authorize the disposal of four forfeited vehicles: Both Chevy vehicles to be auctioned through Minneapolis Auto Auction(Adesa) or a similar type auction,and to authorize the 1999 Jeep and 1995 Honda to be sold as scrap. VOTE: Ayes 5, Nays 0. *18. DISPOSAL OF UNCLAIMED PROPERTY Anderson moved,Printup seconded,to approve the disposal of unclaimed property through K-BID (public auction)and a local jewelry store. Items that are not sold will be discarded. VOTE: Ayes 5,Nays 0. 19. JOINT MEETING WITH LONG LAKE CITY COUNCIL Loftus stated the City of Long Lake has requested a joint council workshop with the City of Orono sometime this fall. Loftus asked what date the Council would prefer. Levang indicated she would be able to attend on any of the dates listed. McMillan asked if there are any dates that do not work for anybody. Anderson indicated October 14 would not work for her. Bremer indicated she would be gone MEA weekend. Loftus stated she will forward the other three dates to the Long Lake City Administrator and get back to the Council on what date is accepted to the City of Long Lake. Page 34 of 37 ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (19. JOINT MEETING WITH LONG LAKE CITY COUNCIL, Continued) Loftus reported the Orono Police Department did attend 29 night-to-unite parties prior to the storm and that overall the event was very successful. The Police Department held a drawing to raffle off bikes, which was a new item this year. Loftus reported the Fire Department Advisory Board met recently and discussed a 2.4 percent operating budget increase for 2014. Loftus indicated she requested the Fire Department review their budget again and provide Orono with another amended budget by August 15. Orono's allocation increased slightly from 82.73 percent up to 82.9 percent based on property values and calls. Loftus stated based on the discussion at the last City Council meeting regarding parking on Bayview, Three Rivers Park District has sent out a press release encouraging residents to park at designated trail parking areas and that information is available on the City's website. Loftus noted she did receive a call from Minnetonka Beach indicating that some of the parking has moved to their city and that she will be working with them this week on that issue. Loftus stated September 9 at 7 p.m.would be an ideal time for residents to attend the Council meeting and provide input on the budget. *20. HENNEPIN COUNTY ELECTION EQUIPMENT LEASE AGREEMENT Anderson moved,Printup seconded,to approve the new agreement,Agreement No. A-131257, and Addendum A between Hennepin County/City of Orono for election equipment. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT 21. LAKE MINNETONKA CABLE COMMISSION(LMCC)FRANCffiSE AGREEMENT Mattick stated the documents before the Council is to amend the agreement by adding connections to the golf course. Mediacom has agreed to that change. City Staff is requesting the City Council adopt the following documents to repeal the pervious franchise agreement and adopt the revised franchise agreement. 1. A resolution repealing Ordinance No. 110 adopted on July 8, 2013. 2. Adopt the letter of withdrawal from the LMCC dated August 13, 2013. 3. Approve the ordinance adopting and amending the Cable Television Franchise granted by the Lake Minnetonka Cable Commission. 4. Adopt a summary ordinance of the LMCC franchise agreement. 5. Adopt the Cable Television Franchise Ordinance dated August 12, 2013, with the addition of the golf course. Page 35 of 37 MINUTES OF THE ' ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. (21. LAKE MINNETONKA CABLE COMMISSION(LMCC) FRANCHISE AGREEMENT, Continued) 6. Adopt a summary ordinance of the franchise ordinance. Mattick requested the Council adopt the above documents in separate motions. Printup asked how the information would be delivered to the other member cities. Loftus indicated that information has already gone out. McMillan stated the withdrawal letter should be delivered to all the representatives. Levang moved,Printup seconded,to adopt RESOLUTION NO.6309,a Resolution Appealing Ordinance No. 110 dated July 8,2013. VOTE: Ayes 5,Nays 0. Levang moved,Anderson seconded,to accept the letter of withdrawal from the LMCC dated August 13,2013. VOTE: Ayes 5,Nays 0 Levang moved,Printup seconded,to adopt ORDINANCE NO. 112,an Ordinance Adopting and Amending the Cable Television Franchise Granted by the Lake Minnetonka Communications Commission. VOTE: Ayes 5,Nays 0. Levang moved,Bremer seconded,to adopt RESOLUTION NO.6310&SUMMARY ORDINANCE NO. 113,a Summary Ordinance Adopting and Amending the Cable Television Franchise Granted by the Lake Minnetonka Communications Commission.VOTE: Ayes 5,Nays 0. Levang moved,Printup seconded,to adopt ORDINANCE NO. 114,an Ordinance Adopting the Cable Television Franchise Agreement dated August 12,2013. VOTE: Ayes 5,Nays 0. Levang moved,Anderson seconded,to adopt RESOLUTION NO.6311 & SUMMARY ORDINANCE NO. 6311,a Summary Ordinance Adopting the Cable Television Franchise Agreement dated August 12,2013. VOTE: Ayes 5,Nays 0. *22. LICENSES &PERMITS None *23. CLAIMS Anderson moved,Printup seconded,to approve payment of the All Fund Account. VOTE: Ayes 5, Nays 0. Page 36 of 37 ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,August 12,2013 7:00 o'clock p.m. ADJOURNMENT Anderson moved,Printup seconded,to adjourn the Orono City Council meeting at 11:04 p.m. VOTE: Ayes 5,Nays 0. ATTEST: �Y � i�--� /.Jvc��%'�._., �1G... �� ���� Rachel Dodge, City Clerk Lili Tod McMillan,Mayor Page 37 of 37