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HomeMy WebLinkAbout11-12-2008 Council Work Session Minutes Council Work Session 6:15 p.m., Wednesday, November 12, 2008 Orono City Council Chambers AGENDA l. Casco Point Project— Question &Answer Session with Xcel (6:15-7:00) 2. Civic Systems—Demo on New Accounting Software (7:00-7:30) 3. MSA Matter(7:30-8:00) 4. Planning Commission Members (8:00— 8:05) 5. 3415 Crystal Bay Road/Dock Rights (8:05-8:15) 6. Similar Use Interpretation (8:15-8:30) Previous Work Session Topics October 28 —Minutes attached o MSA Matter Update � o Casco Point Project— Soil Boring Report o Police Commission Discussion o Tobacco Violations o Administra�ive Fines for Moving Violations o Grand Opening of New Highway 12-Police Role o Review of Housing Element of Comp Plan October 14 o MSA Matter o Stonebay o Lake Minnetonka Chamber o Gillespie Center o Update on Met Council's Density Issue Regarding 3125 Fox Street o Comp Plan Process and Scheduling o Change Orders o Finance Update � MEMORANDUM TO: MAYOR WHITE AND COUNCIL MEMBERS MANAGEMENT TEAM FROM: LIN VEE, CITY CLERK SUBJECT: C�SCO POINT PROJECT— QUESTION &ANSWER SESSION WITH XCEL DATE: NOVEMBER 10, 2008 Michelle Swanson, Manager of Community and Local Government Relations, along with a technical representative from Ycel, will be present at the November 12`h work session to discuss the costs for placing utilities underground and the status of tree tritnming in the Casco Point neighborhood. They will be available to answer questions regaYding the feasibility of a project to move from overhead to undeYground utilities. Electric Outage Histories Casco Point, Orono 1/1/07 - 11/10/08 2480 Casco Point Date Time Duration Level Cause 10/13/08 4:47pm 1 hr 7 min Feeder Pole Fire "8/30/08 11:02pm 48 min Transformer Suspect trees 8/30/08 3:29pm 1 hr 1 min Recloser Public Damage 8/27/08 5:50am 1 hr 55 min Feeder Osprey Nest on pole *8/11/08 3:41pm 19 min Recloser Intentional (trees?) 7/25/08 7:30am momentary Feeder Storm 7/10/08 12:36pm 2 hr 49 min Feeder Trees 6/24/08 8:15pm momentary Feeder Trees 4/16/08 1:01 pm 2hr 13 min Feeder Equipment failure 4/11/08 10:23am 5 hr 2 min Recloser Pole failure 4/11/08 5:04am 4 hr 51 min Recloser see above 10/18/07 12:56pm 39 min Feeder Suspect trees 9/11/07 8:16pm 10 min Feeder Accidental 7/16/07 2:50pm 49 min Feeder Equipment failure 7/11/07 1:44pm 54 min Feeder Public Damage 2425 Dunwoody Ave Date Time Duration Level Cause 10/13/08 4:47pm 1 hr 7 min Feeder Pole Fire 8/30/08 3:29pm 1 hr 1 min Recloser Public Damage 8/27/08 5:50am 1 hr 55 min Feeder Osprey Nest on pole 7/25/08 7:30am momentary Feeder Storm 7/10/08 12:36pm 2 hr 49 min Feeder Trees *7/10/08 3:59pm 19 hr 16 min Tap Trees 6/24/08 8:15pm momentary Feeder Trees 4/16/08 1:01 pm 2hr 13 min Feeder Equipment failure 4/11/08 5:04am 4 hr 51 min Recloser Pole failure 10/18/07 12:56pm 39 min Feeder Suspect trees 9/11/07 8:16pm 10 min Feeder Accidental 7/16/07 2:50pm 49 min Feeder Equipment failure 7/11/07 1:44pm 54 min Feeder Public Damage '� Outages caused by trees in the Casco Point area. Feeder level is main overhead line extending from substation in Mound, east to Brackett's Point. Recloser, tap and transformer level are outages within the Casco Point area. Tree trimming started (on MND072) Nov, 2008. Created by: Kim Marinac, P.E. Sr Area Engineer Xcel Energy . ' � DO��NNESpTqyo Minnesota Department�of Transportation D � State Aid for Local Transportation �F� �� Mail Stop 500, 4th Floor �FTPP� 395 John�Ireland Boulevard � St. Paul, MN 55155-1899 Phone 651 366-3800 Fax: 651 366-3801 � November 4, 2008 ���A��� Mr. Bill Wells ��`�0 6?p0 Orono City Administrator C�Ty'p,cORo 8 PO Box 66 /�Q Crystal Bay, MN 55323-0066 Dear Mr. Wells, I would like to thank you and Mr. Kellogg for your attendance and presentation at the Municipal Screening Board (MSB) meeting on Tuesday October 21, 2008. As you know, the MSB held discussion on the Orono issue on Tuesday and took action on Wednesday October 22. After a great deal of discussion (see the attached meeting minutes), on Wednesday morning the MSB voted unanimously to approve the recommendation from the Combined Subcommittee. The MSB motion states: Motion by Olson, Seconded by Matthys, to approve the recommendation of the combined subcommittee for a 5-year retroactive needs adjustment with a payback over a 3 to 5 year period as determined by the City of Orono and the DSAE. Motion carried unanimously. State Statute 162.13 subd. 3 states in part: `the board shall submit its findings and recommendations in writing as to each city's money needs to the commissioner on a form prepared � by the commissioner. Final determination of the money needs of each city shall be made by the commissioner.' If you feel that you have supplemental information that would be helpful for the commissioner in making his decision, please submit it to him at: Mr. Thomas Sorel Commissioner of Transportation 395 John Ireland Boulevard MS 100 St. Paul, MN 55155 An equal opportunity employer You have indicated that you will submit additional documentation, if any, by November 18. If we do not hear from you by that date, we will consider you in agreement with the MSB.'s action and are working with your DSAE on a repayment schetlule within the five year timeframe. Please note that this adjustment for your city also affects the allocation of the other 143 cities that share in the MSAS allocation. This issue needs to be settled by December 15, 2008 to be implemented for the January 2009 , allocation. I would like to thank you for your patience and helpfulness during this process. Please feel free to contact me if you have any questions or concerns. Sincerely, . a�;Q�,�,,,�, Julie Skallman State Aid Engineer ' cc: Tom Kellogg, Orono City Engineer Rick Kjonaas, Deputy State Aid Engineer Greg Coughlin, Metro State Aid Engineer Melvin Odens, Chair Municipal Screening Board Marshall Johnston, Municipal State Aid Needs Unit Attachment r�".."1� . , / / f � �r MEMORANDUM TO: MAYOR WHITE AND COUNCIL MEMBERS MANAGEMENT TEAM FROM: LIN VEE, CIT'Y CLERK SUBJECT: PLANNING COMMISSION MEMBER DATE: NOVEMBER 10, 2008 Council may want to discuss options for replacing the unexpected vacancy of Planning Coininissioner Dick Kroeger. �� ; °�� October 27, 2008 ��E�EI�/E� City Council of Orono �-'C T 3 0 2008 City of Orono �;;i '�:! ��.- CJ���Vl� 2750 Kelley Parkway Orono, MN 55356 RE: 3415 CRYSTAL BAY ROAD/DOCK RIGHTS Dear Members of the Council: We reside at 3415 Crystal Bay Road in Orona and have lived in this home for nine years. We are selling our home due to the unexpected loss of one income and the need to buy at a lower price point. We have been very open in the documentation€or the hause relevant to the lakeshore issue and the fact that it is owned by the city but the dock is allowed. We have had aur home on the market since mid-June with full reaIization of the slower market and we have priced our house to sell - $81,000 below assessed value. However, we have had four different and very interested buyers who have stated that we would heaz back from them within days with an offer. These potential buyers have all called the city for clarification on the lakeshore issue and they are told: "Yes, you could lose your dock privileges, we just can't say if or when." And then we never hear from them again. The history of this situation was told to us by neighbors whose family had owned 3407 Crystal Bay Road dating back to the time of the events that lead us to where we are today. As explained to us: One of the larger houses behind us(an the other side of the Dakota Trail) owned this land(and more) and around the year of 1910 he built these four cat�ins for his four daughters. He did not want the creation of these cabins to inhibit the neighbors, at the time, to feel they could not still come down to enjoy the lakeshore. We think that was a beautiful thought then and still is today. People are welcome to use it but they don't. Our abstract states that this lot is"assigned perpetual swimming and boating rights" and that"si►nilar rights are extended to the houses in the neighborhood defined as Wiley's Park, Navarre, and in Block 10 in Langdon Park." At the turn of the century, that defined neighborhood likely consisted of a small number of houses. I understand that, today, that neighborhood consists of approximately 150 houses. I have discussed with the offices of the City of Orono what could possibly happen and what possible uses exist that would be viable for this defined neighborhood. It seems that it is quite a conundrum. There is no parking or room to create parking. There are no public restrooms and no room to create such. No one from the defined neighborhood comes down to use the lakeshore-it is not conducive to picnics or swimming far reasons stated above. It is not the docks that deter any such activity—there is plenty of room to swim or launch a canoe or kayak—but with no room for parking or public facilities, it is simply not functional. These four houses were basically a lakeshore slum for many years because of the uncertainty of property values reievant to dock rights. That has changed, and we have invested heavily in our property based upon the assessed value, as have others in recent years. We understand that there is an estimate of approximately $30,000 for researching all titles of the houses in question in the defined neighborhood, but that the City Council is reluctant to invest this amount of tax dollars for such a small issue. We would certainly agree, especially when there is no viable solution or plan that would be undertaken and that would be able to accommodate this defined neighborhood. We feel this is now infringing on our rights to be able to sell and realize the value of our home and our investment in it, based on its value. We are assessed and taxed as if we have deeded access. When we purchased nine years ago the documents indicated that access was "technically deeded" but that the actual shore was owned by the city and we spoke with the city and were told there were no plans to change this status. We would like to respectfully request thax the City Council consider undertaking a"quiet title action" which would grant permanent dock rights to our property and which should not trigger any need to address anything that already exists as far as people being welcome to come down and enjoy the shoreline...again, even though they do not cunently do so. We also feel that the legal concept of"adverse possession" —relevant to the fact that this house has had perpetual boating/dock privile�es for almost 100 years- would support such an action. Sincerely, , ��� y Yousry and Karen Elshazly 3415 Crystal Bay Road Orono, MN 55391 952-471-8012 karenelshazly a,gmail.com , _ — _ _ - To: Mayor and City Council From: Evelyn Turner, City Planner Date: November 12, 2008 Subject: Adult Day Services Sojourn Adult Day Services LLC is considering the purchase of the office building at 3701 Shoreline Drive. Thomas Penn, one ofthe owner/operators of the prograrn,has requested . assurance they would be allowed to occupy the building. Staff has reviewed the information Mr. Penn provided,researched adult day service centers and concluded that the opera.�ion could be considered a clinic. Sackground The property is zoned B-4 Office and Professional Business District. Tl�is zoning district is intended to provide a district which is related to and may adjoin residential dishicts or other business districts for the lacation of administrative office buildings and related offices. The office uses allowed in this dis�ict are those in which there is limited contact with the public and no exteriol•display or selling of inerchandise to the general public. Permitted uses in the B-4 distr•ict are: . a. Municipal buildings ... � b. Professional offices and offices of a general nature. � a Clinics for human care on an out-patient basis only. d. Banks and insurance offices. Conditional Uses include: a. Nursing homes,hospitals, rest homes or retirement homes... b. Private academies, schools, trade schools, colleges and universities for teaching, c. Research centers. d. Anuiial hospitals, veterinary clinics or kennels. e. Libraries. ' f. Museums. ' g. Historical buildings,museums, art institutes, galleries and playhouses. � h. Restaurants .., located within and mainly servicing an office building, pi�oviding there is no outside display or advertising of the restaurant use. i. Off-street parking for an adjacent property... j. Public service st�uctures... k. Religious institutions and facilities... �---------- Adult Day Services November 12,2008 Page 2 of 2 From the webszte of the National Adult Day Services Association(www.nadsa.org): Adult day service centers provide a coordinated program of pro:Eessional and compassionate services for adults in a community-based group setting. Services are designed to provide social and some health services to adults who need supervised care in a safe place outside the hame during the day. They also afford caregivers respite from the demanding responsibilities of caregiving. Adult day centers generally operate during noirnal business hours five days a week. Some pro�,rams offer services in the evenings and on weekends. Although each facility may differ in terms of features, these general services a�•e offered by most adult day centers: Social activities—interaction with other participa.t�ts in planned activities appropriate for their conditions Transporlation—door-ta-door service Meals and snacks—participants are provided with meals and snacks,those with ' i special dietary needs are offered special meals , Personal care—help with toileting,grooming, eating and other personal activities of daily living Therapeutic activities exercise and mental interaction for all participants. In general,there are three tvpes of adult davi centers: social {which provides meals, recreation and some health-related services),medical/health(which provides social activities as well as more intensive health and therapeutic services) and s ecialized (which provide services only to specific care recipients, such as those with diagnosed dementias or developmental disabilities. Caregivers typically select the type of center a care recipient attends based on the cara needed. (Emphasis added.} Attached in a letter from Mr. Penn received in resp�nse to Staff's request for information. Mr. Penn further explained that for 70 to 80 percent of the clients the fees are paid by the State through a pro�•am that provides and arranges a variety of alternative (less expensive) servicas for elderly persons that would meet the criteria for admission to a nursing horne and who are eligible for Medical Assistance or will soon be eligible for Medical Assistance. The rest of the clients pay their own way. Ciienis stay the entire day, with the usual minimurn of two days a week. They are�i•ansported by Metro Mobility, Dial-a-Ride, or,if they a�•e outside the service areas of these services, by the center's vehicles. This is very different from"Senior Centers"such as the Gillespie Center. Senior Centers are for able-bodied persons who primarily want a place to hang out and socialize. Conclusion Because of the medical nature of the program Staff concluded Sojourn could be considered a "clinic" and, unless Council is of a different opinion, would issue a letter to that effect. ` ---- - ---- Sojourn Adult Day Sexvices LLC 4497 Shoreline Drive Spring Park, MN 55384 I 10-28-08 E City of Orono Zoning Administration 2750 Kelley Parkway Orono,MN 55356 Request for Zoning Ordinance Interpretation Back�round• Sojourn Adult Day Services LLC (Sojourn}is under negotiations to purchase property at 3701 Shoreline Drive, Orono, Minnesota. This property is located within the Orono B-4 Zone(Office and Professional Business District}as defined by the Orono Zoning Code. Sojourn Adu1t Day Services has been serving the elderly and people with special needs in the Western Hennepin County area since 1984. It is currently located on the campus of Presbyterian Homes of Lake Minnetonka in Spring Park. Sojourn is licensed wi�the Minnesota Department of Human Services and Minnesota Department of Health and has contracts with Hennepin County, Carver County, Wright County and the Veteran's Administration. Sojourn's primary business activity is adult day services which includes a variety of inedical and therapeutic activities provided to persons over 18 years of age, These services are provided on an outpatient basis and are offered usually between the hours of 7:30 A.M. and 5:00 P.M, Statue Issue• A review of the Orono zoning code revealed that the business definition of"adult day seivices" is not mentioned"anywhere in the zoning coda" and Sojourn is requesting an interpretation of the B-4 zoning code, specifically Sec 78-733-3: "Clinics for human care on an out-patient basis only"to determine if will be permitted to conduct business at the location at 37�1 Shoreline Drive under this section of the code. Sojourn Adult Day Services LLC Request for Zaning Qrdinance Interpretation (Page 2) Support for Statue Annroval: Sojourn believes its' services fall within the B-4 zaning code, specifically Sec 78-733-3: "CIinics for human care an an outpatient basis" as Sojourn's primary business activities fall within the Webster definition of"clinic", i.e., "a facility for diagnosis and treatment of outpatients"and"a facility that offers professional services or consultation". To be specific: • Sojourn provides "human care"through a variety of inedical, therapeutic,recreational and social services. • Sojourn is Owned and Managed by Sally G. Hebson who is a Registered Nurse wi#h over 40 years of Community Health nursing experience. • Sojourn employs a highly experienced, professionally educated and licensed staff including two Licensed Practical Nurses (LPNs} a licensed 5ocial Worker(LSW) a licensed massage therapist (LMT) and a licensed PHD family counselor. • Sojourn only provides services to clients on an outpatient basis. � Sojourn provides a variety of"clinical services"to its elients including: o MD ordered skilled nursing services to include by not limited to: ■ I.V. therapy • medication management • diabetes education and management ■ foot care o Cansultation with occupational,physical and speech therapists o Liaison with area laboratories for blood draws o Individual and family counseling I We would welcome the City Council, Legal Counsel and other city representatives to visit our current site at 4497 Shoreline Drive to see the services that Sojourn provides ta the community. We respectfully request that Sojourn's services be approved for the Orono B-4 Zoning area. Sincerely, ! Thomas Penn Sojourn�Day Services LLC i Owner/Operators, So�ourn Adult Day Services LLC � Sojourn Suites ,�LC Tom Penn/Sally Hebson, R.N. Owner Operators 4270 Circle Road,Tonka Bay,Minnesota 55331 Home Phone: 952-474-5304 Fax: 952-400-3542 Email: thpenn@hotmail.com Cell: 612-790-9292 Orono City Council Committee of the Whole October 28, 2008, 6:15 p.m. Orono City Council Chambers Present: Mayor Jim White, Council Members Cynthia Bremer, Lili McMillan, Jim Murphy and Dave Rahn; City Administrator Bill Wells, Finance Director Ron Olson, Assistant City Administrator for Long-Term Strategy Mike Gaffron, Public Warks Supervisor pon DeBaere, Police Chief Correy Farniok, City Engineer Tom Kellogg 1) MSA Update a) Bonestroo Engineer and City Administrator updated Council on MSA presentation to Engineers Screening Committee held in Brainerd. b) Screening Committee voted 12-0 to uphold pre-screening committee recommendation to require a 5 year look back and made this recommendation to State Aid Director Julie Skallman. c) Julie Skallman will be sending Orono a letter containing Screening Committee's recommendation. 2) Casco Point: Soil Boring Report a) Engineer stated that Soil Boring Report found petroleum based contaminants limited to top 12 inches of road. b) Material will be odorous upon removal. c) Contaminated material must be disposed of in an MPCA approved landfill. d) City Attorney should compile a letter on current status and knowledge of City in regard to Xcel placing utilities underground. e) City should request a print out from utility on power outages at Casco Point. 3) Police Commission a) Police Chief reported on Police Commission meeting held on October 28, 2008. b) Discussed reasons to provide service with police districts to contracted cities. c) Discussed contracts and potential to add a one page exhibit to existing contract with statistics and pertinent data on service accomplishments and benefits . Example: Closure rates. Orono provides a 20 member department. d) City could commence offering district policing concept in January 2009 with contracted cities. e) Police Commission meetings should be held quarterly. 4) Tobacco Violations a) Four businesses failed tobacco compliance checks. Plead guilty. Will pay fines. 5) Administrative Fines for Moving Violations a) Police Chief presented and requested Council consideration for imposing Administrative Fines for traffic and local violations. b) Question posed on process City would use for public education on the use of Administrative Fines. c) How would County and State respond to City use of Administrative traffic fines? d) Soren will address Council on Administrative fines. *Indicates Staff Action Item Page 1 6) Grand Opening of New Highway 12 a) Discussed potential confusion and danger on new Highway 12 striping plan and 2 lane by-pass. b) Discussed concern on new Highway 12 passing zones. c) Orono Police to have a high profile and strong presence on new Highway 12 to ensure safety. 7) Housing Element of Comp Plan a) Discussed affordable housing and update to housing element of Comprehensive Plan. b) Discussed Montessori property and its inability to be included within the MUSA. c) Discussed Charlie Thompson property and potential for a new plan to include Senior Housing. d) Tonka Bay Open House November 13, 2008 regarding trail along County Road 19. *Indicates Staff Action Item Page 2 Bill Wells From: Swanson, Michelle M [michelle.m.swanson@xcelenergy.com] Sent: Monday, November 10, 2008 3:12 PM To: Bill Wells Subject: Franchise fee levels Bill, this gives you an idea of how much money through a franchise fee you could raise. The flat fees could change, but the fees listed by class below are pretty typical for a franchise. Bill, attached is quick analysis for franchise fees in Orono. Using an average flat fee compared to other communities who currently have a fee, you could raise around $68,000 per year. There is some flexibility with the fees, but this is the general magnitude of monies that could be raised with a fee. Round to$0.00 or increments of ESTIMATED ANNUAL FRANCHISE EQUIVALENT CUSTOMER CLASS FEE MONTHLY REVENUES FLATFEE Residential" $53,604 $1.50 Small C&I — Non-Demand* $2,709 $1.00 Small C&I —Demand $6,343 $9.00 Large C&I $4,364 $40.00 Public Street Lighting $216 $2.25 Municipal Pumping — Non-Demand $187 $0.50 Municipal Pumping —Demand $612 $8.50 Total $68,034 Michelle Swanson Manager, Community and Local Government Relations Xcel Energy 5309 West 70th Street Edina, MN 55439 Phone: 952 - 829 - 4504 Fax: 612 - 573 - 1724 mailto:michelle.m.swanson(c�xcelenerq .y com i Orono City Council Committee of the Whole November 12, 2008, 6:15 p.m. Orono City Council Chambers Present: Council Members Cynthia Bremer, Lili McMillan, Jim Murphy and Dave Rahn; City Administrator Bill Wells, Finance Director Ron Olson, Assistant City Administrator far Long-Term Strategy Mike Gaffron, Public Works Supervisor pon DeBaere, Public Works Supervisor Scott Oberaigner, City Clerk Lin Vee, City Engineer Tom Kellogg, Xcel —Kim Marinac, Senior Area Engineer, and Michelle Swanson, Manager of Community and Government Relations, Civic Systems—Alex Gibson and Mike Lash 1) Casco Point Project—Question and Answer Session with Xcel a) Marinac summarized the outage history on Casco Point and noted that most outages are related to overhead lines along Shoreline Drive. The majority of these outages were a result of trees on lines, with a few related to equipment and animal issues. b) A"loop" system on Casco Point wouldn't guarantee fewer outages or that power would be restored sooner, especially if the problem is along the main feeder line on Shoreline Drive. If the utilities were put underground, a loop design would be used. c) While Xcel has had numerous requests to underground utilities, they are not looking to do this type of project. Undergrounding doesn't necessarily increase reliability or help Xcel locate problems and often increases the time for troubleshooting. Aesthetics is often the main reason far undergrounding utilities. d) Xcel has a 10 year pole testing policy and plans to test every pole within the next 10 years. This is the only pro-active replacement policy of the overhead system. e) Xcel has addressed outages by the following: i) Tree trimming has begun along Shoreline Drive and will continue in the Casco Point area in mid-January if it is determined that utilities will not be placed underground. ii) The Mound substation has been upgraded. iii) Pole testing policy is in place. If a resident calls Xcel to complain about a deteriorating pole, Xcel would send someone to check it out. � Xcel has no plan to reconfigure or shorten the feeder lines. Lines and equipment aren't overloaded. g) Xcel prefers not to install part of the utilities underground and part overhead in the same area. If the City requested this type of configuration, they would have to redesign the project. Underground utilities are generally used only in new development where all other utilities are underground using a joint trench. Orono's Code requires underground utilities for all new developments. h) If joint utilities are installed—Xcel, cable, telephone—Xcel prefers to follow the street work. i) Finance mechanisms. i) Customer Related Facility Surcharge (CRFS)—This is the only finance mechanism that really works for this area. Every customer in the City is charged a fee per month over a given amount of time to pay for the project. The design estimate is a large dollar amount for the number of residents in Orono. The money needs to be collected in 60 months, although there may be an option to request an extension. CRFS has been used by a number of communities, including Maple Grove. *Indicates Staff Action Item Page 1 ii) Tariff—Project could be done in 3 or 4 distinct phases over several years. $ 4.50 per month per customer could be charged. iii) Franchise fee— $68,000 to $100,000 would be generated per year. This method wouldn't provide enough money up front. j) The design estimate is at $1.2 million and is only good for 90 days. The City most likely won't have a decision in that timeframe. Increased costs would be added to the project. 2) Civic Systems—Demo on New Accounting Software a) Finance will be asking Council to approve purchase at $75,000 in the future with an additional $8000 annual support fee. b) The Dashboard is a read-only feature that allows users to easily view and obtain data in the system. The Dashboard was written as a result of customer requests. c) Software is a server-client installation with data stored at the City on a SQL server. d) Civic Systems has 320 customers in the upper Midwest, with 26 Minnesota customers including Independence and Oak Park Heights. Service is what separates them from other companies. 90% of calls are answered within 1 hour. e) Implementation would be 4-5 months out if purchased after the first of the year. � Finance hasn't identified any shortcomings in the software. Reporting and support are major issues with the current Banyon system. g) Since this is a capital item and not related to the budget year, Council suggested this item be brought to the next Council meeting for approval. 3) MSA Update a) The key item is the November 18 deadline to submit additional information to the Commissioner. b) Bill, Soren and Tom Kellogg will work on a letter to the Commissioner based on the recommendation of Greg Coughlin for the 1 '/4 year look back, minutes from the Pre- Screening Board meeting, and the City's efforts to comply with all requests and deadlines since the issue was discovered. 4) Planning Commission Members a) The City will advertise in January for a new Planning Commissioner and will decide at that time whether to advertise for an alternate or full term position. b) At the next Council meeting, Dave Rahn will be appointed to fill the remainder of Dick Kroeger's term, as well as appointment as the Vice Chair of the Planning Commission. 5) 3415 Crystal Bay Road a) A 1911 subdivision gave "bathing and boating rights"to approximately 150 properties. A registration application was submitted to the County, but the County won't research who has rights to the property. Informally staff has indicated to potential buyers that you could launch a canoe or carry a lawn chair to the property, but not have a dock. This property is for sale and owners have lost potential buyers because of the uncertainty of dock rights. The City owns the properties by Quit Claim Deed. The Assessors have kept property values commensurate with neighboring properties that have lakeshore dock rights. b) City should reply to the owner indicating the City stands by its original conclusions. The owner could pursue the registration work at their own expense. *Indicates Staff Action Item Page 2 6) Similar Use Interpretation a) Sojourner approached about use of the Casco Run office building for Adult Day Services. b) Council concluded the proposed adult day services use is similar enough to clinic use for Sojourner to move forward with their proposal. 7) Miscellaneous a) CD's were distributed to Council of the rip rap project on Big Island. b) City needs to work with Melanie Deluca at the School District regarding use of Big Island Park property for the Summer Institute. *Indicates Staff Action Item Page 3