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HomeMy WebLinkAbout01-11-2010 Council Packet Agenda for Council Meeting Set for Monday, January 11, 2010, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us Roll Call Pledge of Allegiance Consent Agenda 1. Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet - located in the lobby near the sign in sheet. Approval of Minutes * 2. Regular Council Meeting of December 14, 2009 LMCD Report – Andrew McDermott, Representative Planning Commission Comments – Kim Kang, Representative Public Comments – (Limit 5 Minutes Per Person) Planning Department Report 3. #05-3164 City of Orono – Conservation Design Ordinance – Ordinance Adoption 4. #09-3433 Richard Hanson, 340 Big Island – Variance and Vacation – Resolutions * 5. #09-3437 Kent and Susan Richey, 3105 Casco Point Road – Variance – Resolution Mayor/Council Report City Engineer’s Report City Administrator's Report 6. Extension of Hennepin County Electronic Proprietary Data Base (EPDB) Agreement – Resolution 7. Annual Appointments – Resolution 8. Selection of Date for 2010 Local Board of Review 9. Authorization for Disposal of Weapons 10. Authorization to Purchase 2010 Squad Cars 11. Accept Donation – Paulucci 12. Public Entity Waste Abatement Incentive Fund Grant Agreement – Resolution 13. Response to Proposed MCWD Rule Changes City Attorney's Report Agenda for Council Meeting Set for Monday, January 11, 2010, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 Directions: www.yahoo.com/maps - 952-249-4600 / www.ci.orono.mn.us 14. Licenses & Permits Kennel Licenses Liquor License Renewal One Day Gambling License – Resolution * 15. Bills Upcoming Issues and Events 2010 01/11 – Council Meeting, Monday, 7:00 p.m. 01/12 – Council Work Session, Tuesday, 6:30 p.m. 01/18 – HOLIDAY, Monday, Martin Luther King, Jr. Day 01/19 – Planning Commission Meeting, Tuesday, 6:30 p.m. (Council Liaison – Mayor White) 01/25 – Council Meeting, Monday, 7:00 p.m. 01/26 – Council Work Session, Tuesday, 6:30 p.m. 02/03 – Planning Commission Work Session, Wednesday, 5:30 p.m. 02/08 – Council Meeting, Monday, 7:00 p.m. 02/09 – Council Work Session, Tuesday, 6:30 p.m. 02/15 – HOLIDAY, Monday, Presidents’ Day 02/16 – Planning Commission Meeting, Tuesday, 6:30 p.m. (Council Liaison – Doug Franchot) 02/22 – Council Meeting, Monday, 7:00 p.m. 02/23 – Council Work Session, Tuesday, 6:30 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 17 ROLL The Orono City Council met on the above-mentioned date with the following members present: Mayor James White, Council Members James Murphy and Lili McMillan. Representing Staff were Finance Director Ron Olson, City Clerk Lin Vee, City Attorney Soren Mattick, Assistant City Administrator of Long-Term Strategic Planning Mike Gaffron, Zoning and Planning Coordinator Melanie Curtis, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young. Council Member Bremer arrived at 6:37 p.m., and Council Member Franchot arrived at 6:43 p.m. Mayor White called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 12 - 25 were added to the Consent Agenda. Murphy moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 3, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF NOVEMBER 23, 2009 Murphy moved, McMillan seconded, to approve the minutes of the Orono City Council meeting of November 23, 2009, as submitted. VOTE: Ayes 3, Nays 0. BUDGET HEARING – 6:30 P.M. 3. 2010 BUDGET HEARING – ADOPTION OF 2010 BUDGET AND TAX LEVY Ron Olson, Finance Director, gave a brief overview of the process used to determine the City’s tax capacity, which is calculated at one percent for the first $500,000 of the value of the property and 1.25 percent after that. Due to the decline in the housing market, the City will experience a fairly significant reduction in revenue, which has resulted in some cuts being made in the overall expenditures of the City. Olson noted property taxes account for 66 percent of the general fund revenues. The proposed 2010 general fund expenditures are $5,929,210, which is a decrease of 3.82 percent. The major factor for the general fund decrease is the plan to leave vacant positions unfilled in the inspections, public works, and police departments and a reduction in the police department expenditures. The total tax levy required to fund the propose 2010 budget is $4,665,880, which is an increase of $101,194 or 2.22 percent over the 2009 levy. For a home valued at $1,000,000, the City’s share of the property tax bill will increase by 2.0 percent. The City is utilizing the “Special Levy” provision of the levy limit law in order to increase the levy for debt service above the levy limit. The total levy for debt service is increasing by 9.81 percent, which reflects the increased levy for the 2008 street reconstruction bonds. The City will utilize a special levy in order to increase the debt service levy by an amount greater than the current levy limit. The increases required for debt service will be lower in future years. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 1 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 17 (BUDGET HEARING – 6:30 P.M., Continued) Olson noted the City of Orono does have a AAA rating with Moody’s, which saves the City a significant amount in interest payments. The majority of the revenue is derived through taxes, with public safety fees being the second largest revenue generator for the City. The police and fire department comprise 50 percent of the City’s expenditures and Planning and Zoning is at 10 percent. Mayor White opened the hearing for public comments at 6:46 p.m. Tim Traff, Orono resident, asked if the City has a balance sheet that would depict how much debt is coming due. Olson stated at the end of 2008, it was approximately $6 million, with $4.5 million going towards the service debt. Olson indicated he does not have the information in front of him tonight for 2009 but that it will be approximately the same amount. Olson stated that information should be available on the City’s web site. Olson noted by the year 2016, the City will experience a significant decrease in its debt levy. Murphy stated the City does watch its bonding very carefully and that the City typically only bonds for street improvements and/or building improvements. The expenses associated with the street improvement projects are projects being undertaken by the City this year and in the future, which are being shared by all the residents. Richard Roberts asked why the properties in the City are assessed so much higher than other cities. White noted the assessment process is identical in all cities and that the difference is in the amount of property valuation. Murphy stated lakeshore properties are valued at a higher rate and that the other factor is the change in the limited market value calculation that was made by the state legislature. Murphy stated the time to discuss what a specific property is valued at would be in April at the annual board of review. Bremer noted unfortunately comparable sales by statute do not include short sales and distressed sales, which is accounting for a fairly large portion of the sales at the present time. Guy Erickson, Orono, encouraged the City to stress to Hennepin County that they need to reduce their expenses, which would lessen the burden on the taxpayers of Orono. a. ADOPT FINAL 2009 LEVY COLLECTIBLE IN 2010 – RESOLUTION NO. 5889 McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5889, a Resolution Adopting the Final 2009 Tax Levy Collectible in 2010. VOTE: Ayes 5, Nays 0. b. ADOPT 2010 GENERAL FUND BUDGET – RESOLUTION NO. 5890 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5890, a Resolution to Adopt the Final 2010 General Fund Budget. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 2 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 3 of 17 (BUDGET HEARING – 6:30 P.M., Continued) c. ADOPT THE 2010 SPECIAL REVENUE FUNDS BUDGETS – RESOLUTION NO. 5891 Franchot moved, McMillan seconded, to adopt RESOLUTION NO. 5891, a Resolution to Adopt the 2010 Special Revenue Funds Budgets. VOTE: Ayes 5, Nays 0. LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVE McDermott stated the LMCD has discussed the continued chemical treatment of the three bays for 2010. Carman’s Bay was not treated in 2009 but will be treated in 2010 if the appropriate funding is raised. A number of other bays have expressed interest in the treatment but the LMCD elected not to expand their funding to include those lakes at the present time. The chemicals used in Gray’s Bay amounted to approximately 14,000 tons and helped eradicate the milfoil but negatively impacted the growth of the lily pads on the bay. McDermott stated one issue experienced with the application of the chemicals was the movement of the currents. McDermott stated the Sheriff’s Water Patrol reported that there were 104 arrests on Lake Minnetonka compared to 76 from 2008. The citations included 23 arrests for careless boating; 33 minor consumption tickets, which was down from 2007; 132 citations for no life jackets; 43 thefts in 2009, which is up from 34 the year before. The increase in arrests and citations is attributed to the increase in patrol hours, which went from 3280 hours in 2008 to 4011 hours this year. Bremer asked how thick the ice is on Lake Minnetonka. McDermott stated the ice is not very thick at the present time and that caution should be exercised when walking on the ice. PLANNING COMMISSION COMMENTS – TESS RICE, REPRESENTATIVE Rice stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT *4. #05-3152 JAMES D. MACKINNON, “3500” WATERTOWN ROAD – REQUEST FOR EXTENSION OF EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL – RESOLUTION NO. 5892 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5892, a Resolution Granting a Fourth One-Year Extension to the Effective Period of Preliminary Plat Approval Established Per Resolution No. 5421. VOTE: Ayes 3, Nays 0. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 3 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 4 of 17 5. #09-3418 DENNIS BATTY ON BEHALF OF IRFAN HABIB, 3421-3425 SHORELINE DRIVE – COMMERCIAL SITE PLAN Dennis Batty, Applicant, was present. Curtis noted the applicant appeared at the August 12th meeting, at which time he was requesting approval to construct two additions to the existing building. The Council at that time felt that the proposal exaggerated the existing non-conformities of the site. Following the meeting, Staff met with the applicant on two occasions. The applicant is now proposing two options for Council comment and direction. Both options/schemes include construction of a separate building on the easterly vacant portion of the site to accommodate the owner’s space needs. Scheme 8 proposes a new two-story building with a 2,450 square foot footprint (4,900 total square feet) separated from the existing building by a 4-foot wide sidewalk. The new building would require 25 additional parking spaces for a total of 114 required spaces. Scheme 8 offers 107 total parking spaces. Scheme 9 also proposes a new two-story building with a 2,750 square foot footprint (5,500 total square feet) and separated from the existing building by 34 feet. Within the 34 feet separation there will be a new trash enclosure and sidewalks. This new building would require 28 additional parking spaces. Scheme 9 offers a total of 98 parking spaces where 117 spaces would be required. Both schemes propose stand-alone two-story buildings which allow delivery access to the liquor store; utilization of the gap between buildings as an outdoor gathering space, with benches or other amenities; reduction of proposed hardcover and proposed structural coverage; and a shallow storm water retention pond on the east end of the site along Kelly Avenue. Building setback and parking setback variances from Kelly Avenue have also been eliminated. City Code prohibits more than one principal structure on a lot. The only way to allow a second principal use building on a property is to amend the zoning code. A variance cannot be used because state statutes do not permit variances to allow a use on the property that is not allowed by the zoning code. The B-1 District could be amended to allow multiple buildings on one property. Amending the zoning code would require creating building to building setbacks in one or each of the commercial zoning districts and possibly other changes. The simplest process would be similar to that which made bowling alleys conditional uses in the B-1 district; a more comprehensive process might result in development of a commercial PUD option for the Navarre area. Mayor White stated he does not have a problem with subdividing the site. McMillan asked why the applicant elected to go this direction. Curtis stated the applicant did meet with Staff two times and indicated they require approximately 5,000 additional square feet in order to make the project economically feasible. Initially the applicant and neighbors were not in favor of constructing a two-story building but that that feeling changed over time after the neighbors decided they would prefer a taller building rather than a building that covered the majority of the lot. McMillan asked if there are any issues with fire code regarding the 4-foot separation. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 4 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 5 of 17 (5. #09-3418 DENNIS BATTY ON BEHALF OF IRFAN HABIB, 3421-3425 SHORELINE DRIVE, Continued) Curtis stated to her knowledge that issue can be resolved. Batty stated their basic goals were to reduce the number of variances that were being requested wherever possible. The two options attempt to give the Council a view of what could be done on the site. One of the issues discussed previously was the removal of trees. Batty indicated it is not their intention to remove any trees except for some scrub brush and replace it with some nicer landscaping. Batty indicated the size of the addition has been reduced, which has resulted in less parking being required. Scheme 8 has more required parking than Scheme 9. Murphy asked whether dividing the lot would address the parking issue. Curtis stated they would still be short on the required parking. Murphy stated he is interested in the two lot concept but that it is still his feeling the applicant is proposing too much for the site. Murphy expressed a concern that it would have a negative impact on the flow of traffic in the area. Bremer stated from her perspective she prefers Scheme 8 rather than Scheme 9 given the additional parking and the design of the building. Bremer recommended the sight lines be maintained on the corner to help with traffic flow. Bremer asked what the seating area is. Batty stated they are looking at creating some type of streetscape possibly. Bremer stated she would like to know what the visibility will be from the lake of this structure. White commented that if you are out in a boat, it is unlikely you will see the majority of the building, but that in his view the height of the structure should be limited to two stories. McMillan stated she does have a concern with changing the zoning in this area and that she would like to know what the possible ramifications of the zoning change would be to the area. Curtis noted Staff is not proposing to approve the change in zoning tonight. Batty pointed out there are some code advantages to having some type of separation between the two buildings. Franchot stated in his view the applicants have made a good effort to address the concerns raised by the City Council and that perhaps the next step would be to do a traffic study to determine what type of impact this proposal would have on the area. Franchot indicated he is not as concerned with the parking given the fact that the NAPA Store has a very small retail area. Batty indicated they would like to have retail on the main floor and probably office tenants on the second floor. Batty stated there would be an interior lobby with an elevator but that they have not started designing the interior of the building. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 5 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 6 of 17 (5. #09-3418 DENNIS BATTY ON BEHALF OF IRFAN HABIB, 3421-3425 SHORELINE DRIVE, Continued) White commented it is nice to see interest in improving the Navarre area. Bremer moved, Murphy seconded, to send Application #09-3418, Dennis Batty on behalf of Irfan Habib, 3421-3425 Shoreline Drive, back to the Planning Commission for their review and input. VOTE: Ayes 5, Nays 0. *6. #09-3400 MITCH COOK ON BEHALF OF CENTRAL BANK, 2405 AND 2415 KELLEY PARKWAY – EXTENSION OF TIME TO FILE FINAL PLAT – RESOLUTION NO. 5893 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5893, a Resolution Amending Resolution Nos. 5704, 5747, and 5828, and Extending the Time Allowed for Filing the Plat of Stonebay Commercial. VOTE: Ayes 3, Nays 0. *7. #09-3432 CHRIS GERARDI, GENERAL MANAGER ON BEHALF OF WAYZATA COUNTRY CLUB, 200 WAYZATA BOULEVARD WEST – CONDITIONAL USE PERMIT AMENDMENT FOR MAINTENANCE BUILDING AT 430 OLD LONG LAKE ROAD – RESOLUTION NO. 5894 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5894, a Resolution Granting a Conditional Use Permit for an Addition to the Maintenance Building. VOTE: Ayes 3, Nays 0. 8. #09-3433 RICHARD HANSON, 340 BIG ISLAND – VARIANCE AND STREET VACATION Jeff Lambert, Attorney-at-Law, appeared on behalf of Mr. Hanson. Turner noted this is a two-part application, with the applicant requesting vacation of a portion of unimproved Meta-Comet Avenue and a lot area variance. The portion of right-of-way Mr. Hanson wishes vacated is surrounded by Mr. Hanson’s property and does not extend to the lake. At the public hearing, the owner of 330 Big Island objected to the vacation as it would close off access to the “beach” at the lake at the lake end of Meta-Comet Avenue. It was also his understanding that the right-of-way extended to the lake. In 2000, the places on Big Island where rights of way extended to the lake were inventoried as part of the review of a request by an inland property owner to place a dock at one of them. At that time there were no surveys of 340 or 350 to show the location of Massasoit Avenue or Meta-Comet Avenue in relation to the OHWL. On most maps, it appeared that they extended to the lake, but the inventory notes that 1887 and 1922 plats show a platted lot between the lake and Massasoit and Meta-Comet Avenues. At its closest point Meta-Comet Avenue is 38 feet from the OHWL. The “beach” is considered private property. Mr. Hanson has also had the property surveyed to more precisely locate the power line. In addition, the cabin on the adjoining property was also located. The location of the cabin matches a 1994 survey of Mr. Eiden’s property. There is approximately 12 feet of clearance between the westerly edge of the right- of-way and the deck of the cabin. Turner noted the lot area variance was applied for in 1986 by Mr. Hanson’s father. For some reason it was never processed. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 6 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 7 of 17 (8. #09-3433 RICHARD HANSON, 340 BIG ISLAND, Continued) The Planning Commission voted 5-0 to recommend approval of both requests. Jeff Lambert, Attorney-at-Law, stated the portion of Mr. Hanson’s property down by the lake requires constant upkeep to remove debris. Essentially the vacation is for privacy and to help him monitor his property. Lambert noted the property is basically a U-shaped lot. Murphy asked whether this is considered one lot. Turner indicated it is part of four platted lots, plus an already vacated right-of-way. Murphy asked if the utility easement would be maintained. Lambert stated they do not have a problem with granting the easement. Emeric Dwyer, Attorney-at-Law, stated he represents a number of landowners who are opposed to the vacation. Dwyer noted he does personally utilize Lot 320 and also Meta-Comet Avenue. Dwyer indicated in his view the City is incorrect that Meta-Comet Avenue never ran down to the lakeshore. In 2002, the maps show that it does goes down to the beach, and that at the same time the land was vacated in 2002, someone closed off that area with a pen on the map. That has resulted in a strip of land that connects both sections of the 304 property. Dwyer noted he has not had a chance to review the plats displayed by Staff before tonight. Dwyer pointed out Meta-Comet is the easiest portion of the island to reach and also allows the other residents to use the beach. That area is the only feasible option to bring a boat onto the island. The other alternative is to attempt to haul over an unimproved road vehicles and boats. As it relates to liability and debris, Mr. Dwyer stated he can speak from personal experience that the other property owners are not the ones that are creating that mess. The properties nearby are often rented out, which attracts partiers, but that the majority of the neighbors are a group of people who work hard to keep the island clean and attractive. Dwyer stated this is a well traveled access point, and in looking at the strip of land, which in his view is public land, it should be referred to as a spike strip. Dwyer stated in practice and in pattern this land has been used by others for the past 90 years. That small strip of land, even if there was originally a line there on the map, given the history of past use, there is now a prescriptive easement or other right-of-way that is available to the other lot owners. Cutting off Meta-Comet Avenue will remove that access point for the neighbors. Given the fact that there is no other viable access down to the lake, the residents would need to go to the other side of the island, go up a hill, around a corner, back down a hill, and then to their property. If this access is cut off, the neighbors would be forced to petition for a cart path or a right-of- way, which could drag out for years. Bremer asked for clarification of the 2002 vacation. Dwyer pointed out there is a piece of property that reaches towards the shoreline and that there appears to be a conscious decision by someone to cut off that portion of land by drawing a line on the map. Dwyer stated to his understanding no notice was given to the adjoining property owners of that. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 7 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 8 of 17 (8. #09-3433 RICHARD HANSON, 340 BIG ISLAND, Continued) Bremer asked whether any cause of action has been brought by the adjoining property owners regarding the prescriptive easement. Dwyer stated he did not know that it was necessary since the neighbors always thought that was public land. Bremer asked what specific property owners Mr. Dwyer represents. Dwyer indicated he is here on behalf of Mr. John Eiden, William Yaeger, and Samual and John Dean. John Eiden stated in 2002, the street was vacated and he was not notified of it. The minutes from 2002 reflect that there was a great deal of discussion on whether that street should be vacated. In 1887, Lot G was not a buildable lot, was not a buildable lot in 2002, and is not a buildable lot now. The lots do not go down to the beach but go to the street. Over the years someone constructed four cabins on the street. The street was vacated in 2002, and he was not notified of the vacation. Eiden stated as he has reviewed the old surveys, it became obvious that the street is a beach road and that the road goes down to the lake. He has resided here for the past 12 years. There is no fire or police protection on the island. Eiden indicated he likes to visit his property in the winter and that he needs that access point to get to his property. This area has been a beach since 1877. Even more recent aerial pictures depict Lot G. Eiden commented he has cleaned up debris many times over the years and that Mr. Hanson is seldom on his property. A mound system was also constructed very close to Meta-Comet Avenue, which will become a ski jumper’s paradise and raise potential liability issues. Eiden stated in his view it will be a mistake to vacate this access. Eiden pointed out he is a contiguous property owner but was not notified of the street vacation in 2002. Murphy asked if the overhead is the true depiction of the properties. Murphy noted it does not show that the road goes down to the lake. Mattick stated what is before the City Council is vacating an easement and that the City Council does not have the authority to rearrange the property lines without an application by the property owner. The fact that Lot G still exists on the map does not impact the vacation but what is important is whether there are any recordable rights. Eiden stated since 2002, he has called the City every few years to find out whether that is still an access and has been told it is. Mattick stated he is unsure exactly what happened in 2002, but that based on what he has seen, it was vacated in 2002. Eiden stated Lot G was always considered a beach and an access point for the neighbors. Mattick stated in order for it to be an access, it would have to be a city-owned access or an easement from the property owner would have to be given to the other residents. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 8 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 9 of 17 (8. #09-3433 RICHARD HANSON, 340 BIG ISLAND, Continued) Eiden stated if Mr. Hanson desires a contiguous lot, then he would suggest the 33 feet be run next to his property at 340 up to the street, which would give him a contiguous lot and still allow the access to remain. McMillan commented the beach is actually private property. Murphy stated it was his understanding these are not two separate lots. Mattick stated there is some question concerning that. Turner pointed out Lot F and Lot 71 of Morris Island Park. Turner stated the one lot in Morris Island Park and the one lot in Morris Island Park Second, along with the vacated portion, are considered one record lot. Murphy noted the City Council is being asked to vacate an easement tonight and not do a lot line rearrangement. Curtis pointed out that the beach has always been considered private property. Gaffron noted the Planning Commission in 2002 suggested the property owners in the area acquire the strip between the end of Meta-Comet Avenue and the lakeshore. The piece that is missing is how the property owners on the north side of the vacated street acquired rights to Lot G. Gaffron stated he understands the concerns of the neighbors and concurred that there are limited access points on the island. This access has historically been used as an access by the neighbors. One option is the City could acquire a 40-foot strip of land from the road to the lake and make it a formal access point. Gaffron concurred that some of the properties on the east end of the island are difficult to access and that the City does acknowledge that this property has been used in the past but that it may not be a legal access since it is private property. Bremer stated if the City Council does not approve the vacation tonight, the City is not creating a public access over that piece of land. Eiden stated in essence the City is giving Mr. Hanson 1200 square feet, and that for Mr. Hanson to get a contiguous piece of property, the vacation could be done on the other side. Mr. Eiden stated in his view that would be a solution. Murphy stated in his view they are comparing apples and oranges by suggesting they relocate the access over to the lot line, which has other implications. Murphy stated to his recollection there was a lot of work that went into configuring the interior streets of Big Island and the access points for the interior streets due to issues with the residents utilizing other people’s property to gain access from the lake. The two primary access points that were agreed upon were on the west side access and the inside access. McMillan stated to her understanding the beach was not vacated in 2002. Turner displayed Lot G and Meta-Comet Avenue on the overhead. Eiden stated in his view the intent was that access be at that point. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 9 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 10 of 17 (8. #09-3433 RICHARD HANSON, 340 BIG ISLAND, Continued) McMillan stated what has historically been used may not be what has been legally recorded. Eiden commented he would like the City Council to take the neighbors’ safety into consideration. White stated he is not convinced that the neighbors have the right to cross that last piece of land to access the beach. White noted that Mr. Hanson owns that piece of land legally and that he would recommend the neighbors work together to see if they can arrive at a solution. White stated in his mind there is not a compelling reason for the neighbors to retain that access. White recommended the application be tabled to the January 12th City Council meeting. Bremer moved, McMillan seconded, to table Application #09-3433, Richard Hanson, 340 Big Island, to the January 11, 2010, City Council meeting. VOTE: Ayes 5, Nays 0. 9. #09-3435 LOREN AND STACEY SCHOENZEIT, 4480 FOREST LAKE LANDING – VARIANCE – RESOLUTION NO. 5895 Loren Schoenzeit, Applicant, was present. Curtis stated the applicants are requesting the following variances in order to construct a new residence on the property: 1. A lot width variance for a lot 56 feet in width at the OHWL and 45 feet in width at the 75-foot setback where 140 feet is normally required; 2. A lot area variance to allow redevelopment of a lot .34 acre in area where 1.0 acre is required; 3. A side yard setback variance to allow a 9.7 foot side setback on the south side where a 10-foot setback is normally required; 4. A rear yard setback variance to allow an 8-foot rear setback where a 30-foot setback is normally required; 5. Hardcover variances to allow 66.1 percent hardcover within the 250-500 foot zone where 30 percent is normally allowed and 62.8 percent currently exists. The applicants wish to utilize a geothermal heat pump system for their proposed home. They requested an easement within the City right-of-way in order to locate a number of their geothermal wells. Staff has considered the request, but without a formal plan in place for the project on Forest Lake Landing, Staff was not comfortable giving up area within the right-of-way. The geothermal wells can be located in the lake yard. Staff has requested the applicants grant an easement 10 feet wide, centered on the existing sanitary sewer line which crosses the applicants’ property. The applicants have indicated that they wish to discuss this easement with the Council. The Planning Commission voted 4-1 to recommend approval of the variances as requested. Staff also recommends approval of the proposed variances per the Resolution attached to the Staff memo. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 10 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 11 of 17 (9. #09-3435 LOREN AND STACEY SCHOENZEIT, 4480 FOREST LAKE LANDING, Continued) Schoenzeit stated they have worked hard to design a home that will fit within the existing building envelope, comply with the City’s requirements, and would complement the neighborhood. Schoenzeit asked if the granting of an easement is necessary in order to gain approval of the application. Schoenzeit pointed out if the geothermal wells are put in the lake yard, it would require a longer trench and add to the costs of the project. Schoenzeit stated they would also like to construct some retaining walls in the area where the ground drops to help with erosion and drainage. McMillan asked if the ground drops toward the house. Schoenzeit stated it does drop toward the house and that they currently experience water in their garage as a result. They have relocated the garage to the other side to help alleviate the runoff issues. If the easement is granted, it would handicap their use of the back yard or lake side yard, and they are asking if the City would allow them to utilize the first 15 feet of the right-of-way for the location of the geothermal wells. The City Engineer has indicated he is not aware of the final plans for Forest Lake Landing, which is delaying the decision on whether the proposed location of the geothermal wells is acceptable. Mattick stated when the City approves a subdivision, the Council can request easements and other conditions be met. Given the fact that this is a variance, the City has less authority to request an easement and cannot mandate that the easement be given. The applicant has raised some concerns regarding the location of the easement and how that impacts the location of the house. Mattick noted the placement of the geothermal wells would be an encroachment on the easement and not a vacation of a portion of the right-of-way. White noted this is a difficult site to work with and that he would concur that the closer the geothermal wells are located to the road, the cheaper the project would be. White stated he is not opposed to the geothermal wells. McMillan asked whether any portion of the geothermal wells would be located above ground. Kellogg stated to his understanding there would not be. Kellogg pointed out the edge of the existing bituminous paving and the right-of-way, which is a total of 30 feet of right-of-way. Kellogg stated he does have a concern with the geothermal wells being put in that area given the uncertainty regarding future plans for Forest lake Landing. There currently are drainage and runoff issues with that portion of the road. There is no other location for utilities outside of the City’s right-of-way. If the wells are located in that area, that would prohibit the placement of those utilities. Kellogg noted he has not seen an alternative plan for the location of the geothermal wells. Schoenzeit noted there would be 10 geothermal wells spaced approximately 10 feet apart and the wells are approximately 200 feet deep. Kellogg concurred that there likely would be an additional cost if they are located on the lake side. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 11 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 12 of 17 (9. #09-3435 LOREN AND STACEY SCHOENZEIT, 4480 FOREST LAKE LANDING, Continued) McMillan pointed out that if the City needs to utilize that portion of the right-of-way, the geothermal wells would need to be relocated. White asked if the applicant would be willing to remove those if the City ever determined they need that piece of land. Schoenzeit noted they are willing to provide an easement in the back in exchange for using that portion of the right-of-way, and that in his view there is enough land there to accommodate the geothermal wells and the utilities. Murphy stated the idea of allowing geothermal wells within a right-of-way could possibly set a precedent, which is one concern. Murphy commended the applicant for designing a house that fits on this lot but that the applicant would be taking a risk that someday he may need to relocate the geothermal wells if they are located in the right-of-way. McMillan concurred that it would be precedent setting and that she would hate to see the applicant have to relocate the wells at some point in the future. McMillan indicated she is okay with the resolution but that she is not in favor of the applicant using the right-of-way even at his own risk. Franchot indicated he is fine with the applicant using the right-of-way at his own risk. Schoenzeit stated on the other side by the drop-off they would like to put in some terraced retaining walls to slow the water down to help reduce the erosion and asked whether that would be acceptable. Kellogg stated normally they do not allow structures to be located within the right-of-way but that he would be willing to sit down with the applicant to discuss their options. McMillan stated any landscaping that is done in the right-of-way should perhaps be done in conjunction with the City Engineer but that it would help improve the appearance of the area. Mattick noted any time any work is done in the right-of-way, he would recommend that a standard encroachment agreement be signed by the property owner. Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5895, a Resolution Granting Variances to Municipal Zoning Code Sections 78-330 and 78-1288, to add the additional land. VOTE: Ayes 5, Nays 0. 10. #09-3437 KENT AND SUSAN RICHEY, 3105 CASCO POINT ROAD – PUBLIC HEARING – VARIANCE Kent Richey, Applicant, was present along with John Sonnek of Charles Cudd DeNovo. Curtis stated the applicants have applied for a lot width variance in order to construct a new residence on an existing lot at 3105 Casco Point Road. A residence has existed on the property for a number of years. The applicants have submitted all the required information necessary for a lot width variance review and are requesting that the Council waive the review of the Planning Commission and hold the public hearing tonight. The Council may waive Planning Commission review with a unanimous vote. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 12 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 13 of 17 (10. #09-3437 KENT AND SUSAN RICHEY, 3105 CASCO POINT ROAD, Continued) The property consists of 30,625 square feet, which exceeds the acreage requirement. The proposed residence will meet all of the other setbacks, hardcover and lot coverage requirements of the LR-1C district. The size of the house proposed is consistent with the immediate neighborhood and fits into the lot appropriately. Planning Staff recommends approval of the lot width variance as requested. Staff would also recommend that the Council discuss how to handle lot width and lot area variances for existing lots of record at an upcoming work session. McMillan moved, Bremer seconded, to waive the review by the Planning Commission and to hold the public hearing at tonight’s City Council meeting. Murphy asked why they would want to waive the public hearing at the Planning Commission level. White noted the applicant would like to obtain his building permit in the very near future given the weather and that this is a fairly simple application. McMillan noted there is still an opportunity for public comments on this application. VOTE: Ayes 5, Nays 0. Mayor White opened the public hearing at 9:02 p.m. There were no public comments regarding this application. Mayor White closed the public hearing at 9:02 p.m. Sonnek stated they would like to start digging at the end of December rather than the end of February, which was the reason for the request to waive the review by the Planning Commission. Sonnek stated they have removed the retaining wall and one of the French ditches, which would help alleviate the water issues. They also plan to construct a shovel bit curb, which will help carry the water down. McMillan moved, Murphy seconded, to direct Staff to draft an approval resolution for Application #09-3437, Kent and Susan Richey, 3105 Casco Point Road. VOTE: Ayes 5, Nays 0. Richey asked whether he can proceed forward with the work now based on the motion. Mattick stated formal approval is given in the resolution and that it is his understanding a building permit would not be issued until the resolution has been signed. Franchot stated as long as there is agreement among all the council members, he would not be opposed to the applicant starting work prior to the execution of the resolution. McMillan commented she does have some concerns with allowing the applicant to proceed forward with the work since the City has a set procedure in place and this would be a departure from that. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 13 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 14 of 17 (10. #09-3437 KENT AND SUSAN RICHEY, 3105 CASCO POINT ROAD, Continued) Mattick stated it is unlikely that any conditions will change. Curtis noted the next City Council meeting would be January 11th. White moved, Franchot seconded, to authorize Staff to issue the building permit based on the language contained in Staff’s report, with the formal resolution being approved at the January 11th City Council meeting. Mattick noted the variance needs to be recorded against the property. VOTE: Ayes 3, Nays 2, McMillan and Murphy Opposed. MAYOR/COUNCIL REPORT Franchot reported there is a meeting of the Lake Minnetonka Communications Commission scheduled to discuss fiber optics and bonding prior to Tuesday’s work session. CITY ENGINEER’S REPORT Kellogg stated he had nothing to report. CITY ADMINISTRATOR’S REPORT 11. 2010 FEE SCHEDULE – ORDINANCE AND SUMMARY ORDINANCE FOR PUBLICATION – ORDINANCE NO. 66, THIRD SERIES McMillan stated she had an issue with the water and sewer rate increase since it will be discussed at the work session tomorrow and that she would prefer to wait with this item until after the work session. Vee stated they could adopt the ordinance with the 2009 rates and then amend the ordinance by resolution in January. Vee noted bills would not be sent out to the residents until April. McMillan stated she would like the Council to have a thorough discussion on the rates prior to taking formal action on the increase. Olson noted the minimum water users would see a decrease in their rate. McMillan moved, Bremer seconded, to adopt ORDINANCE NO. 66, Third Series, an Ordinance Adopting the 2010 Fee Schedule and Repealing Ordinance No. 53, Third Series, with the 2010 utility rate schedule being removed from the summary ordinance and inserting the 2009 utility rate schedule in the 2010 Fee Schedule. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 14 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 15 of 17 *12. 2010 OFFICIAL CALENDAR Murphy moved, McMillan seconded, to approve the 2010 Official Calendar. VOTE: Ayes 3, Nays 0. *13. COUNCIL LIAISON TO PLANNING COMMISSION MEETINGS IN 2010 Murphy moved, McMillan seconded, to approve the schedule for Council attendance at the Planning Commission meetings during 2010. VOTE: Ayes 3, Nays 0. *14. AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVED Murphy moved, McMillan seconded, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 21st Council meeting, which has been canceled, and that such paid claims be presented for formal approval at the January 11, 2010, City Council meeting. VOTE: Ayes 3, Nays 0. *15. NON-WAIVER OF TORT LIMITS – RESOLUTION NO. 5896 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5896, a Resolution Making a Selection Not to Waive the Statutory Tort Limits for Liability Insurance Purposes. VOTE: Ayes 3, Nays 0. *16. 2010 NON-UNION EMPLOOYEE COMPENSATION ADJUSTMENTS – RESOLUTION NO. 5897 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5897, a Resolution Approving Pay Plan Adjustments for Non-Union City Employees for 2010. VOTE: Ayes 3, Nays 0. *17. AMEND HEALTH REIMBURSEMENT ARRANGEMENT (HRA) PLAN – RESOLUTION NO. 5898 Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5898, a Resolution Amending the City of Orono Health Reimbursement Arrangement. VOTE: Ayes 3, Nays 0. *18. APPOINTMENT OF PLANNING COMMISSIONER Murphy moved, McMillan seconded, to appoint Linda Feuss to fulfill the remainder of Ralph Kempf’s three year Planning Commission term beginning on January 2, 1010, and ending March 31, 2010. VOTE: Ayes 3, Nays 0. *19. LAKE MINNETONKA COMMUNICATIONS COMMISSION (LMCC) 2010 BUDGET APPROVAL Murphy moved, McMillan seconded, to approve the 2010 LMCC budget. VOTE: Ayes3, Nays 0. *20. ANIMAL IMPOUND AGREEMENT RENEWAL (CROSSROADS ANIMAL SHELTER) Murphy moved, McMillan seconded, to approve the 2010 contract with Crossroads Animal Shelter for Animal (dog) Impounds. VOTE: Ayes 3, Nays 0. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 15 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 16 of 17 *21. CONSULTANT AGREEMENT – COMPREHENSIVE PLAN UPDATE Murphy moved, McMillan seconded, to accept the proposal of NAC for consulting services related to completion of the Comprehensive Plan update at a cost not to exceed $10,000. VOTE: Ayes 3, Nays 0. *22. REQUEST FOR PAYMENT NO. 8 – CASCO POINT RECONSTRUCTION PROJECT Murphy moved, McMillan seconded, to approve Request for Payment No. 8 for the Casco Point Reconstruction Project, Geislinger and Sons, Inc., in the amount of $211,499.23. VOTE: Ayes 3, Nays 0. *23. REQUEST FOR PAYMENT NO. 3 AND FINAL – STONEBAY WETLAND CORRECTIONS Murphy moved, McMillan seconded, to approve Request for Payment No. 3 and Final for the Stonebay Wetland Corrections Project, Burschville Construction, in the amount of $2,390.07. VOTE: Ayes 3, Nays 0. *24. REQUEST FOR PAYMENT NO. 2 AND FINAL – STONEBAY BOULDER DRIVE WETLAND CORRECTIONS Murphy moved, McMillan seconded, to approve Request for Payment No. 2 and final for the Stonebay Boulder Drive Wetland Corrections Project, Sunram Construction, Inc, in the amount of $1,993.12. VOTE: Ayes 3, Nays 0. *25. CITY ENGINEER RATE SCHEDULE Murphy moved, McMillan seconded, to approve the consultant engineering services rate schedule as submitted. VOTE: Ayes 3, Nays 0. CITY ATTORNEY’S REPORT City Attorney Mattick had nothing to report. 26. LICENSES & PERMITS Annual Liquor Licenses Club on Sale and Sunday Liquor 1. Wayzata Country Club 200 Wayzata Boulevard 2. Woodhill Country Club 200 Woodhill Road Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 16 of 17] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 17 of 17 Off Sale Liquor 3. Wood Enterprises Inc./Navarre Liquor 3421 Shoreline Drive Off Sale 3.2 Percent Malt Liquor 4. Voyageur Service Centers, Inc./O’Sullivan’s Holiday 2420 Shadywood Road On Sale 3.2 Percent Malt Liquor 5. Lakeview Golf of Orono 405 North Arm Drive 6. Orono Golf Course 265 Orono Orchard Road South On Sale Liquor and Sunday 7. Narrows Saloon (Orono Liquor, Inc.) 3380 Shoreline Drive RESIDENTIAL KENNEL LICENSES 8. Carol Brooks 1640 Fox Street 9. Frank and Melissa Plachecki 3685 North Shore Drive Bremer moved, Murphy seconded, to approve the above licenses and permits. VOTE: Ayes 4, Nays 0, McMillan Abstained. *27. BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 3, Nays 0. ADJOURNMENT Bremer moved, Murphy seconded, to adjourn the Orono City Council meeting at 9:22 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _______________________________________ _______________________________________ Linda S. Vee, City Clerk James M. 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CC Agenda - 01/11/2010 File #09-3437 [Total Pages 23] Item #05 - CC Agenda - 01/11/2010 File #09-3437 [Total Pages 23] Item #05 - CC Agenda - 01/11/2010 File #09-3437 [Total Pages 23] Item #05 - CC Agenda - 01/11/2010 File #09-3437 [Total Pages 23] Item #05 - CC Agenda - 01/11/2010 File #09-3437 [Total Pages 23] Item #05 - CC Agenda - 01/11/2010 File #09-3437 [Total Pages 23] Item #05 - CC Agenda - 01/11/2010 File #09-3437 [Total Pages 23] Item #06 - CC Agenda - 01/11/2010 Extension of Hennepin County Electronic Propietary Data Base Agreement [Page 1 of 15] Item #06 - CC Agenda - 01/11/2010 Extension of Hennepin County Electronic Propietary Data Base Agreement [Page 2 of 15] Item #06 - CC Agenda - 01/11/2010 Extension of Hennepin County Electronic Propietary Data Base Agreement [Page 3 of 15] Item #06 - CC Agenda - 01/11/2010 Extension of Hennepin County Electronic Propietary Data Base Agreement [Page 4 of 15] Item #06 - CC Agenda - 01/11/2010 Extension of Hennepin County Electronic Propietary Data Base Agreement [Page 5 of 15] Item #06 - 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CC Agenda - 01/11/2010 Extension of Hennepin County Electronic Propietary Data Base Agreement [Page 15 of 15] Item #07 - CC Agenda - 01/11/2010 Annual Appointments [Page 1 of 5] Item #07 - CC Agenda - 01/11/2010 Annual Appointments [Page 2 of 5] Item #07 - CC Agenda - 01/11/2010 Annual Appointments [Page 3 of 5] Item #07 - CC Agenda - 01/11/2010 Annual Appointments [Page 4 of 5] Item #07 - CC Agenda - 01/11/2010 Annual Appointments [Page 5 of 5] Item #8 - CC Agenda - 01/11/2010 Selection of Date for 2010 Local Board of Review [Page 1 of 3] Item #8 - CC Agenda - 01/11/2010 Selection of Date for 2010 Local Board of Review [Page 2 of 3] Item #8 - CC Agenda - 01/11/2010 Selection of Date for 2010 Local Board of Review [Page 3 of 3] Item #09 - CC Agenda - 01/11/2010 Authorization for Disposal of Weapons [Page 1 of 1] Item #10 - CC Agenda - 01/11/2010 Authorization to Purchase 2010 Squad Cars [Page 1 of 1] Item #11 - CC Agenda - 01/11/2010 Accept Donation - Paulucci [Page 1 of 2] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 1 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 2 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 3 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 4 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 5 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 6 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 7 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 8 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 9 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 10 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 11 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 12 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 13 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 14 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 15 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 16 of 17] Item #12 - CC Agenda - 01/11/2010 Public Entity Waste Abatement Incentive Fund Grand Agreement [Page 17 of 17] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 1 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 2 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 3 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 4 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 5 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 6 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 7 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 8 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 9 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 10 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 11 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 12 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 13 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 14 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 15 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 16 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 17 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 18 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 19 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 20 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 21 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 22 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 23 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 24 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 25 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 26 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 27 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 28 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 29 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 30 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 31 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 32 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 33 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 34 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 35 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 36 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 37 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 38 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 39 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 40 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 41 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 42 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 43 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 44 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 45 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 46 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 47 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 48 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 49 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 50 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 51 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 52 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 53 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 54 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 55 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 56 of 57] Item #13 - CC Agenda - 01/11/2010 Response to Proposed MCWD Rule Changes [Page 57 of 57] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 1 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 2 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 3 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 4 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 5 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 6 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 7 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 8 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 9 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 10 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 11 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 12 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 13 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 14 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 15 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 16 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 17 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 18 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 19 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 20 of 21] Item #14 - CC Agenda - 01/11/2010 Licenses & Permits [Page 21 of 21] Item #15 - CC Agenda - 01/11/2010 Bills [Page 1 of 7] Item #15 - CC Agenda - 01/11/2010 Bills [Page 2 of 7] Item #15 - CC Agenda - 01/11/2010 Bills [Page 3 of 7] Item #15 - CC Agenda - 01/11/2010 Bills [Page 4 of 7] Item #15 - CC Agenda - 01/11/2010 Bills [Page 5 of 7] Item #15 - CC Agenda - 01/11/2010 Bills [Page 6 of 7] Item #15 - CC Agenda - 01/11/2010 Bills [Page 7 of 7]