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Home My WebLink About11-13-2006 Council Packet PUBLIC ATTENDANCE 1! - /� - 4 / MEETING DATE ��\�:"' C� COUI>iCIL ❑ PLANNING COMMISSION PGEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR C1TY RECORDS. ❑ PARK COMMISSION ❑ OTHER PRESENT FOR(frotn agenda) NAME (please print) ADDRESS NAME OR NUMBER ' ..�Y i�/ � /'�.,.�Z ��.� � _'.�-�,�� 1. ' v✓=,.� � �� .,� /i,� �, , j -��) ;�r;��r ,�� 2. �f�� , , ^"v/l� �"�. � /V G `- � � ��J ✓ � �i'c.-.� / / . � '�� , � .-� ^� L/ � — -' ? � 3. r.�T� ��r� '--, �,,�- ��,j' � �r'.f�� - : <.,,r v S �- � � �� a. �--��,-��--� ��,�-��,-�f �� t- �l�--► �, r'��.�-�� ,� �.-�_-�, s. 6. 7. 8. 9. 10. 11. 12 13. 14. 15. U:`•:\dinini.vati�c juppurt��.�Forni.);I'ublic Aiccnd�ncc.opd MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ ROLL CALL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Bob Sansevere, Jim Murphy, Jim White and Lili McMillan. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, City Attorney Matt Brokl, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. ADMINISTER OATH OF OFFICE – POLICE OFFICER STURM Orono Police Chief Good administered the oath of office to Police Officer Steven Scott Sturm. CONSENT AGENDA Items 6, 11, 12, 14, and 15 were added to the Consent Agenda. Item No. 13 was deleted from the agenda. Sansevere moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF OCTOBER 9, 2006 Sansevere moved, McMillan seconded, to approve the minutes of the October 9, 2006 City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PUBLIC HEARING – 7:00 P.M. 3. CERTIFICATION OF DELINQUENT UTILITIES AND GENERAL SERVICE FEES – RESOLUTION NO. 5522 Mayor Peterson opened the public hearing at 7:10 p.m. Moorse stated the public hearing tonight is an opportunity for anyone who received notice of a delinquency to ask questions and provide comments regarding the proposed assessment. Mayor Peterson inquired whether there was anyone from the public who would like to be heard. There were no comments. Mayor Peterson closed the public hearing at 7:11 p.m. Murphy inquired whether this year’s list of delinquent accounts has decreased. Moorse stated this year’s list is slightly smaller than last year and noted that a majority of the delinquent accounts would be paid in the next month. ______________________________________________________________________________ PAGE 1 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 1 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (3. CERTIFICATION OF DELINQUENT UTILITIES AND GENERAL SERVICE FEES, Continued) Peterson moved, Murphy seconded, to adopt RESOLUTION NO. 5522, a Resolution for the Collection of Delinquent 2006 Water and Sewer Utility Service Charges, Recycling Program Fees, On-Site Sewage Treatment (Septic) Inspection Program, Storm Water Charges and General Service Fees. VOTE: Ayes 5, Nays 0. PRESENTATION 4. METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES – LIFT STATION COMBINATION Bill Cook with MCES, Michael Reed with Richardson & Richter, Kelly Lange with CH Tuhy Hill; Jim Hudley, and Deb Manning, Project Manager for Metropolitan Council. Bill Cook, Metropolitan Council Environmental Services, addressed the Orono City Council regarding a project that is being planned to combine two lift stations located along County Road 19 north of the Dakota Rail corridor. Cook stated the MCES would like to utilize the council chambers to hold its public hearings. Cook stated the plant that currently serves this area is located in Shakopee. The metro sewer lines in Orono have the capacity to serve Orono and Minnetonka Beach. A meter station is located in Minnetonka Beach to monitor the flows, with various lift stations located along the route into Orono. The MCES is looking at combining the two smaller sized lift stations located along Shadywood Road and creating a larger lift station in order to provide improved service and capacity. Currently the pumping stations are quite small and do not offer enough storage to allow for adequate response time in the event of an emergency. The proposed improvements entail running a gravity line between lift station 45 and lift station 46 and constructing new force mains to connect to the existing force main. The anticipated schedule is to hold public hearings in November and December, with adoption of the Facility Plan expected sometime in December 2006. Construction is expected to commence in 2010. White inquired whether the new station would be below ground, above ground, and whether it would vibrate when it is in use. Cook stated the MCES does like to have some facilities located above ground and that a shelter is constructed around the lift station to make it blend in more with the neighborhood. The lift station would run approximately once a week and odor control is also installed. McMillan inquired how much disruption would occur to the neighbors during construction. Cook stated Highway 19 would be reduced to one lane for approximately one month during the construction. Cook stated a site has not yet been determined for the new lift station. Murphy commented he does reside near a lift station and that the structure is attractive and does not produce much noise. ______________________________________________________________________________ PAGE 2 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 2 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (4. METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES – LIFT STATION COMBINATION, Continued) Cook illustrated a couple of the designs that have been utilized for other lift stations in Lino Lakes and Woodbury. The City Council took no formal action on this item. PARK COMMISSION COMMENTS No representative was present. PLANNING COMMISSION COMMENTS – ROLAND JURGENS, REPRESENTATIVE Jurgens stated the Planning Commission felt the recent work session with the City Attorney was beneficial. Jurgens stated he would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT (Items 5, 6 and 7 follow Item 8) 8. #06-3229 TIMOTHY V. AND CHERRIE PETERSON, 560 BIG ISLAND – VARIANCE – RENEWAL RESOLUTION NO. 5525 Timothy Peterson, Applicant, was present. Gaffron stated the applicant is requesting a lot area variance to permit development of a lot 3.33 acres in size of which 1.1 acres is dry and where 5.0 acres of dry buildable is normally required in order to construct a seasonal cabin on an existing vacant lot. The applicants are also proposing a side setback variance in order to allow a portion of their covered porch to encroach four feet into the required 50-foot setback. On September 8, 2006, the Planning Commission voted 5-0 to recommend approval of the lot area variance, stipulating that the proposed structure comply with the required setbacks. Staff is recommending approval of the lot area variance and denial of the side setback variance. Tim Peterson stated it is not a screened-in porch but a deck and the 1.5 feet that is into the setback is octagonal in shape. Peterson requested a setback variance be granted due to the small footprint that they are required to build within due to wetlands on the east and lakeshore in the front. In addition, a large 50- foot setback is required on the west side; the closest neighbor is also located to the west and his home is 140 feet to the setback line and 91 feet from the property line; and finally, the laws for setbacks include language regarding aesthetic purposes. Peterson stated the cottage would be more pleasing with an octagonal shaped corner rather than a square corner. ______________________________________________________________________________ PAGE 3 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 3 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (8. #06-3229 TIMOTHY V. AND CHERRIE PETERSON, 560 BIG ISLAND, Continued) Sansevere inquired what the exact encroachment would be, noting that the applicant used a different number for the encroachment than what Staff has indicated in their report. Gaffron stated he was informed it was a four-foot encroachment and that what is proposed is a two-story deck with a roof covering it, which makes it structure. Gaffron stated to his understanding the encroachment would be approximately four feet. McMillan inquired whether the applicant has considered locating it slightly more eastward. Tim Peterson stated the majority of the structure is up against the setbacks, with the octagonal piece on the east also being located right on the setback. McMillan inquired whether the size could be reduced. Tim Peterson stated the deck is eight feet in width and the cottage has a footprint of 1480 square feet. Murphy inquired whether the house could be pushed back further. Tim Peterson indicated they are right up to the setbacks on two sides with the house and they are not able to locate it further back on the lot. Mayor Peterson opened the public hearing at 7:36 p.m. There were no public comments regarding this application. Mayor Peterson closed the public hearing at 7:36 p.m. Mayor Peterson noted the 60-day time limit is running out on this application. Peterson stated she does not feel there is a hardship to grant the variance. Tim Peterson indicated he is basing his request for a variance more on common sense and aesthetic reasons. Sansevere stated the Council is required to grant variances based on hardship. Tim Peterson stated the small footprint would be a hardship. Mayor Peterson stated the size of a structure is not considered a hardship. White moved, McMillan seconded, to adopt RESOLUTION NO. 5525, a Resolution Granting a Lot Area Variance and Denial of the Side Setback Variance for the property located at 560 Big Island. VOTE: Ayes 5, Nays 0. ______________________________________________________________________________ PAGE 4 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 4 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ 5. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST – DISCUSS EXPIRATION OF APPROVALS Philip and Gina Carlson with Interspace West, Jarad Anders with Loucks & Associates, were present. Gaffron stated concept approval was granted back in March of 2005, with the City Council granting general development plan approval, commercial site plan approval, and preliminary and final plat approval for the Amber Woods Office Centre in October 2005. The resolution contained a variety of conditions that would need to be met before the plat could be filed. The preliminary plat approval by code has an effective period of one year and the final plat approval has an effective period of six months. The applicants did not file the necessary documents in order to maintain their preliminary plat approval, with the final plat approval expiring in April of 2006. Gaffron stated the one item that was not submitted by the deadline and has not yet been submitted is the permits required from Mn/DOT for drainage and potentially access and utility construction within a Mn/DOT right-of-way. Gaffron stated since those documents have not been submitted by the deadline, technically the preliminary plat approval expired on October 10, 2006. At this point the Council has two options: One, approve the final plat subject to conditions; and two, deny the final plat as the final plat application is not complete and inform the applicants of their ability to submit a new application. Gaffron stated the second option outlined in Staff’s report is not really an option since the preliminary plat has expired. Anders apologized for the application reaching this stage, noting that they have had difficulty completing a few of the required items. Anders indicated Interspace-West works in a number of communities, including the City of Orono, and that the Amber Woods Office Centre is a quality development. Anders indicated a number of things led to the delay in submitting the required documents. At the present time they have submitted a request for the permits and they are confident that Mn/DOT will issue the required permits. Anders stated they are requesting that the Council approve preliminary and final plat with the condition of receiving Mn/DOT final approval of the permits that have been applied for. Anders apologized again for the delay in submitting the required documents. Sansevere pointed out the applicants knew they had a deadline of October 10th to obtain these permits. Anders stated they do take this application seriously but there were a number of things that have led to the delay in obtaining the permits. Anders stated generally in the cities they have worked with the applications are approved on the condition that the appropriate permits will be obtained and in this case the City of Orono is requiring the permits be obtained prior to approval of the application. Sansevere inquired whether the applicants knew of that condition. Anders stated he did and that they have been working with Mn/DOT on a number of issues. ______________________________________________________________________________ PAGE 5 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 5 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST, Continued) Murphy stated according to the information that the City has, the applicant did not make application to Mn/DOT until a couple of weeks ago. Anders stated they were working on different issues with Mn/DOT prior to applying for the permits and that they were looking at access permits and a stormwater permit. Gina Carlson addressed the Council regarding their application, noting that they have secured their construction financing and the first duplex has been sold, with additional agreements anticipated to be executed in the near future. Carlson stated it was necessary for them to work with Mn/DOT on the pond that was constructed by the senior housing development. Carlson stated between the time their application was started and the senior housing project was completed, Mn/DOT assumed control of the pond and converted it into a regional pond. Carlson stated they had to work with a number of different departments at Mn/DOT in order to gain approval to utilize that pond. Carlson stated it was her understanding that the Mn/DOT permit would cost them some money and so they waited until they obtained their financing for the project. Carlson noted they have filed with the City their letter of credit and paid the appropriate fees. They were also notified that another permit was required from Mn/DOT to allow them to work within the right-of-way. Mn/DOT has informed them that they do not anticipate any problem with granting the permits and that it is just a matter of time. Carlson stated in order to officially obtain the permits, the plat needs to be filed; and that they have been told by the City that the plat cannot be filed until they obtain the permits. Gaffron stated he spoke with Jeff Groberger of Mn/DOT last week and that there was no indication given that permits would be withheld until the plat was filed. Brokl stated that typically is not the way the City operates and the permits are typically issued prior to filing of the plat. McMillan stated the stormwater issues would have to be resolved prior to the filing of the plat. Murphy noted the Council combined the preliminary and final plat approvals at the request of the applicants and that a considerable amount of time and effort has been spent on this application by City Staff. Murphy stated the turnback work along Highway 12 is critical and noted the applicants were requested to lower their footprint to allow for better access and the applicants refused. Gaffron provided the applicants with a memorandum from the City Attorney concerning the application. Murphy stated he would like the applicants to submit a new application. Gina Carlson stated as it relates to the turnback and the frontage road, she was told specifically by Mn/DOT that you cannot have a driveway and a frontage road simultaneously and that the driveways would needed to be lowered. Carlson stated the decision not to lower the site was not within their control. Jim Fenning, 1551 Hunter Drive, Medina, stated the reason the application did not proceed timely was because the condition for obtaining financing was that there be final presales and the financing was not obtained until late September. Fenning stated they have never formally abandoned the preliminary plat, ______________________________________________________________________________ PAGE 6 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 6 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST, Continued) and by requesting final plat, that is proof that they are not abandoning the preliminary. Fenning stated the project remains the same as was originally approved, some sales have been made, and the financing has been obtained. Fenning stated if the Council would like to withhold final plat approval, that would be okay, but that they would like to have renewal of the preliminary plat approval. Sansevere pointed out the applicants are 13 days past the deadline and that the Council is not concerned with the financing. Fenning stated the financial conditions were part of the preliminary plat and they would like that approval extended, with a requirement that they reapply for final plat. McMillan stated she has some real concerns with the application, noting that the Council went to great effort to grant both preliminary and final approval, and an enormous amount of Staff time was consumed in trying to obtain the appropriate permits. McMillan stated Mn/DOT is not able to issue permits within five days, noting that the permits were not applied for until five days prior to the deadline. McMillan stated she has major concerns regarding the way this application is being handled. Fenning stated in Orono simultaneous preliminary and final plat approval might be out of the ordinary but that it is typical in most other communities. White stated the Council is required to follow the ordinances and that the applicants should have allowed the appropriate amount of time to obtain the necessary permits. Fenning stated in speaking with Planner Gaffron it was his understanding that by making application that they would qualify for final plat approval if all the conditions were met. Gaffron stated that is not true and that his discussion with the applicants on numerous times is that the permits had to be on file with the City and not just applied for. Fenning stated when he was informed that they were on the agenda for October 23rd, they were told that they could obtain final plat approval if all conditions were met. Gaffron stated all conditions have not been met. Anders stated they are requesting a renewal of the plat for a specific number of days due to the unique situation and that they apologize for the delay in obtaining the necessary permits. Anders stated the delay was related in part to obtaining the necessary financing and that at this time they are requesting renewal of the preliminary plat. Anders stated requiring them to go through the whole process again will not gain much and it would require additional staff time. Anders stated all parties would be best served by a renewal of the preliminary plat. McMillan stated there was conditional approval given on October 10, 2005, and that she has to go with the original approval and deadline. ______________________________________________________________________________ PAGE 7 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 7 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST, Continued) Anders stated there was a laundry list of things that had to be accomplished during that time period and that only one issue remains to be resolved. McMillan stated the stormwater issue is a huge issue and should have been resolved prior to the deadline expiring. Anders commented he does not see how requiring a new application would benefit anyone. Sansevere inquired what a renewal would entail. Brokl stated if an extension on the preliminary plat is granted, the Council would need to grant approval on the final plat that is in substantial conformity with the preliminary plat. Sansevere inquired whether this application could be tabled. Brokl stated tabling the application would also imply approval. Anders stated it was their understanding that they would be able to address two of the three items. Murphy commented they are being addressed. Gaffron stated functionally approving a renewal of the preliminary plat approval would be the same as approving it and that options 2 and 3 would be essentially the same thing. Anders stated they did approach the City prior to October 10th and request an extension. Gina Carlson stated she has been in contact with Planner Gaffron all along and that they had to wait until October 5th when Planner Gaffron was back in the office. Sansevere commented Planner Gaffron’s absence did not affect the applicant’s ability to apply for the Mn/DOT permits. Anders stated they had requested to be on the agenda for the first council meeting in October to ask for an extension. Anders stated he has seen other councils extend deadlines. Sansevere requested the City Attorney explain the law that the City has to follow and the ramifications that would result if an extension were given. Brokl stated the risk would be that approval of the preliminary and final plat would be given and approval would not given by Mn/DOT for utilities or stormwater and access. Brokl stated at a minimum the Council would have to do a conditional plat approval, which would result in options two and three leading to the same result. Sansevere stated theoretically if there is a denial by Mn/DOT, they would not have to do any wastewater management. ______________________________________________________________________________ PAGE 8 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 8 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST, Continued) Anders stated it is his understanding that the condition for stormwater would go along with the preliminary plat. Murphy stated approximately one year ago the Council granted final and preliminary plat, which gave the applicants 12 months to submit the required documents. Murphy stated the Council has been apprised by Staff regarding the conversations that have been had with the applicants over the past year, and in this particular case, it has been made very clear what the stakes are and that there should be no confusion on anyone’s part of what needed to be done. Murphy stated he personally feels a year to get these items settled was ample time and that the timeline has been made perfectly clear to the applicants. Murphy stated he is not in any position but to deny the final plat. Sansevere inquired whether the Council has any basis to retroactively extend the deadline. Brokl stated the Council could extend the deadline, noting that the applicants did submit the application to the City to extend the application. Brokl stated the Council does not need to approve the extension. Sansevere stated personally he would be willing to extend the deadline to the next Council meeting to give the applicants a little more time to submit the required permits. Sansevere moved to extend the deadline from October 10, 2006 to November 13, 2006. Brokl stated if the applicants submit the final documents, the Council would essentially be approving the final plat at this time. Motion died for lack of a second. McMillan inquired whether the applicants would need to submit a totally new application if the preliminary plat and final plat have expired. Brokl stated their final plat approval expired six months ago and their preliminary plat expired as of October 10th unless they met certain conditions. Brokl stated the applicants attempted to file the appropriate documents for final plat approval. Brokl stated extension of the deadline would allow the applicants to submit the required documents. Murphy stated the combination of the preliminary and final plat was a unique situation and a good faith effort on the part of the City. Murphy noted final plat approval expired six months ago. Fenning inquired whether it would be possible to pay the extension fees and application fees and in return the Council would grant them an extension to November 13th. Sansevere commented it is not a money issue. Mayor Peterson stated it appears from the failed motion that the majority of the Council is not in favor of an extension. Gina Carlson inquired whether the Council is in favor of the project, noting that they do intend to resubmit their application. ______________________________________________________________________________ PAGE 9 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 9 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ (5. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST, Continued) McMillan stated she can only review what is in front of her and that she cannot predict what will happen in the future. Sansevere stated there is also the potential that there will be three new members on the Council next year. Carlson inquired what process they would need to follow. Gaffron stated if there is a denial of the extension, the application would start at square one and they would need to appear before the Planning Commission in January. Gina Carlson inquired whether the process could be sped up somehow, noting that their letter of credit is on file and that they have met almost all of the conditions of the City. Brokl stated a special planning commission and/or special council meeting could be held to discuss this application provided that the appropriate public notice is given. Sansevere inquired whether this application could skip the Planning Commission. Brokl stated the application would need to go before the Planning Commission. McMillan moved, Murphy seconded, Application #05-3080, Interspace West, 2060 Wayzata Boulevard West, to deny the final plat on the basis that the final plat is not complete. VOTE: Ayes 4, Nays 1, Sansevere opposed. Additional information regarding this item (#5) follows the City Attorney’s Report. *6. #05-3146 MARK AND PAMELA PALM, 1447 PARK DRIVE – VARIANCE – RESOLUTION NO. NO. 5523 Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5523, a Resolution Granting Variances for the property located at 1447 Park Drive. VOTE: Ayes 5, Nays 0. *7 . #06-3226 EDWARD AND NANCY BIERMAN, 505 FERNDALE ROAD NORTH – VARIANCE – RESOLUTION NO. NO. 5524 Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5524, a Resolution Granting a Side Setback Variance for the property located at 505 Ferndale Road North. VOTE: Ayes 5, Nays 0. *9. #06-3227 YARDSCAPES ON BEHALF OF CHLOE H. MORGAN, 1480 BOHNS POINT ROAD – VARIANCE – RESOLUTION NO. 5526 Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5526, a Resolution Granting Variances for the property located at 1480 Bohns Point Road. VOTE: Ayes 5, Nays 0. ______________________________________________________________________________ PAGE 10 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 10 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ *10. #06-3236 T.J. BONNETT, 60 SMITH AVENUE – VARIANCE – RESOLUTION NO. 5527 Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5527, a Resolution Granting a Variance for the property located at 60 Smith Avenue. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT McMillan requested a recap on the Phase I of the Highway 12 project. Moorse indicated Phase I is basically complete. McMillan inquired whether a median would be constructed between the two lanes. Murphy stated it would just be striped. Murphy gave a brief recap of the meeting the committee recently had with Mn/DOT. Murphy stated the reason why the project will not be completed for at least another two years is that Phase II has not been let for bids and will not be open for bids until the spring of 2007. Murphy indicated the delay was also caused in part because the soils correction method being used at the west end of the project had to be revised and Mn/DOT does not have sufficient funding to proceed. CITY ENGINEER’S REPORT *11. REQUEST FOR PAYMENT NO. 1 – 2006 SEALCOAT PROJECT Sansevere moved, McMillan seconded to approve Request for Payment No. 1 for the 2006 Seal Coat Project in the amount of $120,095.39. VOTE: Ayes 5, Nays 0. *12. REQUEST FOR PAYMENT NO. 2 – McCULLEY ROAD RECONSTRUCTION PROJECT Sansevere moved, McMillan seconded, to approve Request for Payment No. 1 for the McCulley Road Reconstruction Project in the amount of $119,773.31. VOTE: Ayes 5, Nays 0. 13. REQUEST FOR PAYMENT NO. 1 AND FINAL – T.H. 12 SANITARY SEWER PIPE BURSTING PROJECT This item was deleted from the agenda. CITY ADMINISTRATOR’S REPORT *14. MAINTENANCE AGREEMENT FOR TELEPHONE SYSTEM Sansevere moved, McMillan seconded, to approve annual maintenance coverage of the telephone system provided by Inter-Tel Technologies, Inc., at a cost of $3,370.19 to be funded from the Office Equipment Maintenance budget of the General Fund Central Services Department for the period from November 2, 2006 through November 1, 2007. VOTE: Ayes 5, Nays 0. *15. REQUEST APPROVAL TO ADVERTISE, TEST AND HIRE POLICE OFFICER Sansevere moved, McMillan seconded, to advertise for and test candidates and extend an offer of hire to fill existing police officer positions. VOTE: Ayes 5, Nays 0. ______________________________________________________________________________ PAGE 11 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 11 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o’clock p.m. _____________________________________________________________________________________ CITY ATTORNEY’S REPORT Brokl had nothing to report. 5. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD, CONTINUED Gina Carlson inquired whether it is possible to be on the Planning Commission agenda for November if they submit their application tomorrow. Brokl stated legally the Council can do that but questioned whether Staff would be able to complete the necessary work in order to comply with the deadline for the public notices. Gaffron stated the deadline was Wednesday of last week and that it is not fair to other applicants that have had to meet the deadline. Gaffron stated he would prefer to hold to the deadlines that have been established. Gina Carlson stated the hardship is that there is no December meeting of the Planning Commission. Gaffron stated the lack of a Planning Commission meeting in December is not a unique situation and that a number of applicants have had to wait until January to have their application heard. Sansevere stated the City’s deadline would become moot if the Council waived it for this application. *16. LICENSES There were no licenses. *17. BILLS Sansevere moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Peterson moved, Sansevere seconded, to adjourn the Orono City Council meeting at 8:36 p.m. There being no further business, the meeting was adjourned at 8:36 p.m. ATTEST: _______________________________________ ______________________________________ Linda S. Vee, City Clerk Barbara Peterson, Mayor ______________________________________________________________________________ PAGE 12 of 12 Item #02 - CC Agenda 11-13-06 Approval of Counil Minutes 10-23-06[Page 12 of 12] Item #03 - CC Agenda 11-13-06 Canvasing Board Meeting 11-09-06 [Page 1 of 1] Item #04 - CC Agenda 11-13-06 Page 1 of 1 Z o n i n g M a p - C C A g e n d a 1 1 - 1 3 - 0 6 Item #05 - CC Agenda 11-13-06 File #06-3218 [Total Pages 31] Item #05 - CC Agenda 11-13-06 File #06-3218 [Total Pages 31] Item #05 - CC Agenda 11-13-06 File #06-3218 [Total Pages 31] Item #05 - CC Agenda 11-13-06 File #06-3218 [Total Pages 31] Item #05 - CC Agenda 11-13-06 File #06-3218 [Total Pages 31] Item #05 - CC Agenda 11-13-06 File #06-3218 [Total Pages 31] Item #05 - CC Agenda 11-13-06 File #06-3218 [Total Pages 31] Item #05 - CC Agenda 11-13-06 File #06-3218 [Total Pages 31] Item #05 - CC Agenda 11-13-06 File #06-3218 [Total Pages 31] Item #05 - CC Agenda 11-13-06 File #06-3218 [Total Pages 31] Item #05 - 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