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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, November 26, 2012 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br /> Page 7 of 12 <br /> <br />CITY ADMINISTRATOR’S REPORT <br /> <br />*8. REPLACE TAPE BACKUP DRIVE <br /> <br />Franchot moved, Printup seconded, to approve the purchase of a new tape backup device from <br />LOGIS in the amount of $7,190.94 with additional setup estimated to be $500. VOTE: Ayes 4, <br />Nays 0. <br /> <br />9. 2013 FEE SCHEDULE <br /> <br />Rahn stated he has some issues with fees that appear to be duplicative or that the City does not typically <br />collect. As it relates to riprap, Page 3, Rahn noted the MCWD covers every different soil type and type of <br />stone with regard to retaining walls and that he is not sure why Orono has that in their code. Rahn stated <br />the most concerning element deals with unusual riprap and that he is unsure what is related to unusual <br />riprap. <br /> <br />McMillan indicated she also is not sure what is included with unusual riprap. <br /> <br />Rahn stated his point is that the City does not need to re-enforce what the Watershed District is doing and <br />that the fee should be removed from Orono’s fee schedule. <br /> <br />Rahn stated as it relates to appeals of administrative decisions, that fee should also be removed. Rahn <br />asked if the City charged the person that appeared before the City Council approximately a month and a <br />half ago. <br /> <br />Curtis stated the City did not charge her because she appeared during the public comment section. <br /> <br />Rahn stated it was quite obvious that she was appealing a Staff decision. <br /> <br />Gaffron stated the appropriate method would have been for the City Council to direct her to file a formal <br />appeal. <br /> <br />Rahn stated he does not agree with the fee for an administrative appeal and that it is not right to charge a <br />resident a fee simply because they disagree with Staff. <br /> <br />McMillan asked what the process is for an administrative appeal. <br /> <br />Franchot asked what the rationale is behind that fee. <br /> <br />Gaffron stated in the normal appeal process, Staff would expect someone to file a written appeal and then <br />Staff would do a written report. Gaffron indicated there will be some staff time involved with an <br />administrative appeal, which is what the fee would cover. <br /> <br />Loftus stated sometimes when there is the potential for an appeal, it often will include a review by the <br />City Attorney. Loftus noted the fee helps to ensure that the City is not inundated with appeals. <br /> <br />Rahn asked how many administrative appeals have been heard in the past five years. <br /> <br />Gaffron indicated there have been a few but that he does not have an exact number. <br /> <br />Item #04 - CC Agenda - 12/10/2012 <br />Approval of Council Minutes 11/26/2012 [Page 7 of 12]