HomeMy WebLinkAbout02-28-2011 Council Packet PUBLIC ATTENDANCE
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V:\(LEGAL FORMS)\�FORMS)1PUBLIC ATTENDANCE.DOC
Agenda for Council Meeting Set for Monday, February 28, 2011, 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
Approval of Agenda
1. Consent Agenda – 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. Council Work Session of February 14, 2011
* 3. Regular Council Meeting of February 14, 2011
Planning Commission Comments – Loren Schoenzeit, Representative
Public Comments – (Limit 5 Minutes Per Person)
Planning Department Report
City Engineer’s Report
4. Old Crystal Bay Road Reconstruction Update
5. Change Order #1 and Request for Payment No. 2, Lift Station 12 Improvements
Mayor/Council Report
City Administrator's Report
6. Appointment to Fill Vacant Council Position – Resolution
7. Long Lake Officer Duty Truck
8. Authorization to Purchase 2011 Squad Car
City Attorney's Report
9. Tobacco Violations
10. Maintenance Agreement
* 11. Licenses & Permits
* 12. Bills
Adjournment
Agenda for Council Meeting Set for Monday, February 28, 2011, 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
Upcoming Issues and Events
2011
02/28 – Council Meeting, Monday, 7:00 p.m.
03/02 – Joint Council and Planning Commission Work Session, Wednesday, 5:30 p.m.
03/14 – Council Work Session, Monday, 6:00 p.m.
03/14 – Council Meeting, Monday, 7:00 p.m.
03/21 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Mayor McMillan)
03/28 – Council Meeting, Monday, 7:00 p.m.
04/06 – Planning Commission Work Session, Wednesday, 5:30 p.m.
04/11 – Council Work Session, Monday, 6:00 p.m.
04/11 – Council Meeting, Monday, 7:00 p.m.
04/18 – Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison – Aaron Printup)
04/20 – Local Board of Appeal and Equalization, Wednesday, 7:00 p.m.
04/23 – Spring Cleanup Day, Saturday, 8:00 a.m.-2:00 p.m.
04/25 – Council Meeting, Monday, 7:00 p.m.
04/30 – Spring Cleanup Day, Construction Debris Only, Saturday, 8:00 a.m.-2:00 p.m.
MINUTES OF THE
ORONO CITY COUNCIL WORK SESSION
Monday, February 14, 2011
5:00 p.m.
Page 1 of 1
Present: Mayor Lili McMillan, Council Members Cynthia Bremer, Doug Franchot, Aaron Printup and City
Administrator Jessica Loftus
Council conducted interviews with the remaining four of eight applicants for the open seat on the Orono City
Council. The applicants who were interviewed are David Rahn, Richard Crosby II, Dennis Walsh and Denise
Leskinen.
The meeting closed at 7:00 p.m.
ATTEST:
________________________________________ _______________________________________
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Item #02 - CC Agenda - 02/28/2011
Approval of Council Work Session Minutes 02/14/2011
[Page 1 of 1]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 1 of 18
ROLL CALL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
Lili Tod McMillan, Council Members Cynthia Bremer, Doug Franchot, and Aaron Printup. Representing
Staff were City Administrator Jessica Loftus, City Attorney Soren Mattick, City Clerk Lin Vee, Assistant
City Administrator of Long-Term Strategic Planning Mike Gaffron, Planning Coordinator Melanie Curtis,
City Engineer Tom Kellogg, and Recorder Jackie Young.
Mayor McMillan called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance.
APPROVAL OF AGENDA
1. CONSENT AGENDA
Item Nos. 9, 12, 13, 14, 15, 17, and 19 were added to the Consent Agenda.
Franchot moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
*2. COUNCIL WORK SESSION OF JANUARY 24, 2011
Franchot moved, Printup seconded, to approve the minutes of the Orono City Council Work
Session of January 24, 2011, as submitted. VOTE: Ayes 4, Nays 0.
*3. REGULAR COUNCIL MEETING OF JANUARY 24, 2011
Franchot moved, Printup seconded, to approve the minutes of the Orono City Council meeting of
January 24, 2011, as submitted. VOTE: Ayes 4, Nays 0.
*4. SPECIAL COUNCIL MEETING OF JANUARY 31, 2011
Franchot moved, Printup seconded, to approve the minutes of the Special Orono City Council
meeting of January 31, 2011, as submitted. VOTE: Ayes 4, Nays 0.
PRESENTATION
5. LMCC PROCESS TO TELEVISE CITY COUNCIL MEETINGS – JIM LUNDBERG
Jim Lundberg, LMCC, addressed the City Council regarding the possibility of the Lake Minnetonka
Communications Commission televising the Orono City Council meetings. Currently the LMCC records
city council meetings for 14 of the 17 member cities as well as the City of Mound and four additional
government agencies. Lundberg indicated they could start recording the meetings by February 28th.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 1 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 2 of 18
(5. LMCC PROCESS TO TELEVISE CITY COUNCIL MEETINGS, Continued)
Lundberg indicated Orono would be given two morning airings, two afternoon airings, and two prime
time airings through each meeting cycle. Orono's prime time airing will be every other Friday evening
starting at 7:30 p.m. The meetings would be available on Channel 20. The LMCC also operates over
Channels 8, 12, 20, and 21. Channels 8 and 20 are the government channels.
Lundberg noted that in addition to televising government meetings, the LMCC is also available to cover
other events and that their organization can work with City Staff to televise those. The recordings are
encoded and made available from the LMCC website as well. If the meeting is taped on Monday,
generally it is ready for watching on the website by Friday of that same week.
Lundberg indicated he has already found a contractor to cover the Orono meetings and the equipment has
been tested and is ready to install. Lundberg stated he could also obtain a report if the Council desires on
how many people stream a particular meeting from the LMCC website.
Bremer asked what other cities are not currently televising their meetings.
Lundberg stated Loretto, Woodland, and Minnetonka Beach are not currently televising their meetings.
McMillan asked whether the graphics on the overhead screen will also be recorded.
Lundberg indicated they will be able to obtain a camera shot of that information.
Printup asked whether a disclaimer or other information such as the date of the meeting could be added.
Lundberg stated the LMCC is not currently doing that but that he would be happy to investigate it. The
LMCC just recently went to a tapeless system and that the first reel of the multi-reel program would
include the name and date of the meeting The program does allow for some minor authoring, but due to
the fact that sometimes the LMCC has six meetings going on in a single evening, it may not be possible to
add other information. Lundberg indicated he would need to obtain additional information before
agreeing to that aspect.
Printup indicated he was interested in having the City’s website added and shown periodically.
Lundberg stated adding that type of information is possible at the start and at the close of each meeting.
Franchot moved, Printup seconded, to authorize the LMCC to televise the Orono City Council
meetings, with the costs not to exceed $3,000.
Franchot asked whether the City is also considering televising the Planning Commission meetings.
Lundberg indicated televising of two meetings per month is currently in the budget but that generally
speaking they would be willing to add another meeting periodically if they are given ample notice.
VOTE: Ayes 4, Nays 0.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 2 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 3 of 18
6. WESTONKA SCHOOLS UPDATE – KEVIN BORG, SUPERINTENDENT
Kevin Borg, Superintendent, provided the City Council with an update on the activities of the Westonka
School District. Currently Westonka Public Schools is one of three school districts that educate the
students of the City of Orono.
Westonka is now entering the third year of their strategic plan, with the strategic plan providing direction
to the school district. The most important goal of the school district is to improve academic achievement
by all the students. Westonka has added a few new programs to the curriculum as well as an AP physics
class. Borg indicated in his view Westonka is on track to be able to continue to provide ample
opportunities in the science area. They have also expanded the program that addresses future problem
solving and future cities, which allows students to utilize, among other things, their critical thinking skills,
collaboration skills, and analytical skills. Borg noted the students are also involved in various
competitions as part of that program.
Borg noted Westonka has provided Orono with their school scores and that the scores reflect another
strong academic year for the students. The packet provided to the City Council also includes a list of Fast
Facts, which is also available on the school’s website.
Westonka has also put a significant amount of focus on technological innovation and the greatest
advancement is being seen in the 21st Century classroom. Borg commented that mobility of
communication devices provides a wonderful opportunity to educate the students in a much different way
than what was taught a couple of years ago. Westonka is taking steps to ensure that wireless is available
throughout the school district and they have incorporated staff development into that as well to teach the
teachers on how to use the devices and then convey that information to the students.
Borg reported that as it relates to finances, the school district had a clean audit. Their reserves will grow
to 13 percent. The school district is seeing a slight increase in enrollment this year but that typically
enrollment has stayed fairly steady over the years. Westonka continues to have the lowest effective tax
rate per student in Hennepin County and the school district has made a reduction in expenditures of $1.8
million over the past four years to various programs. Borg commented the school district will continue to
try to reduce expenses, but that sometimes the cost savings are eliminated or reduced due to inflation and
other rising costs. Westonka is aware of the poor state of the economy and they are attempting to take
measures to address those issues.
Borg indicated Westonka will also be launching a new website that will be more interactive with the
parents. Residents can sign up for a weekly newsletter to help them keep informed on school activities.
In addition, Westonka has made an effort to have a number of different mailers sent to the residents in
order to disseminate school information. In addition, Westonka will be undergoing a facility review of
the various schools and they will be attempting to compile a list of maintenance requirements and how
best to accomplish those goals.
Franchot thanked Mr. Borg for coming before the City Council on a regular basis and providing the
updates.
McMillan echoed Mr. Franchot’s comments. McMillan noted the numbers for 11th grade math are above
average but that the rest of the numbers for math are below average.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 3 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 4 of 18
(6. WESTONKA SCHOOLS UPDATE, Continued)
Borg stated the state has recently moved to require that Algebra I in eighth grade be the new standard, so
there will be a drop off across the state. Algebra II requires a mastery of content and the districts are
attempting to find ways to get the students to master those more advanced concepts. Borg stated the
number of school districts in the Orono area provides a healthy atmosphere for competition.
LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVE
None
PLANNING COMMISSION COMMENTS – KIM KANG, REPRESENTATIVE
Kang stated she had nothing to report but would be available for questions. Kang noted that House Law
No. 52 dealing with variances that is being supported by the League of MN Cities will be heard on
Wednesday at 10:00 a.m. before the operations committee. Kang invited the City Council members to
attend the meeting.
PUBLIC COMMENTS
Ralph Kempf, Orono, addressed the City Council regarding the City of Navarre and the possible trail
connection to the Navarre playground and business district. Orono's 2000/2020 Community Management
Plan describes on Page 4 the City's philosophy regarding rural parks, open spaces and trails. Item number
one on that page states that providing rural open space will primarily be the responsibility of each
landowner. The description under urban parks and open space policies state that the City will attempt to
provide sufficient recreational facilities in existing parks to meet the needs of all residents. Item number
three states the City will seek to improve local access to and between recreational facilities.
Kempf displayed a map depicting the rural and urban portions of Orono. Kempf pointed out there is
currently a clustering around the City of Long Lake and a couple of pieces over by Wayzata. By and
large the largest portion of the urban area runs from the southwest between the Bay of Lake Minnetonka
and down into Navarre.
Kempf next displayed a map depicting open spaces, trails and recreational spaces. Kempf pointed out
that Orono residents have the ability to enjoy the amenities of Baker Park, Orono Schools and their
recreational facilities, Spring Hill Golf Course, Wayzata Country Club, Woodhill Golf Course, the Orono
Golf Course, the Luce Line Trail, Hackberry Park, Seven Nations Park, Cygnet Park, and a number of
other recreational areas.
The Navarre area has a nice little neighborhood park, a trail, and Tower Park. The area from Navarre on
down is the most urban and densely populated area in the City but it is also the most unrepresented area in
the City in regards to park amenities. Kempf suggested that any leftover monies in the Park Fund be
designated to the Navarre area since this area is in need of additional recreational facilities. In addition,
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 4 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 5 of 18
(PUBLIC COMMENTS, Continued)
the Navarre and southern area of the City have very limited lakeshore and public access to Lake
Minnetonka.
Kempf stated Orono's Comprehensive Plan, Page 4, Item No. 7, states that Orono will strive toward
connectivity between the various park and open space facilities. The interrelationships between
neighborhood parks, conservation areas, and the rest of the park system should be strengthened through
the proper location and use of greenways, trails, underpasses and overpasses. Trail connections should be
provided to neighborhood parks to enable pedestrian access. Trail corridors and parks should be
incorporated within open space buffers at the edge of subdivisions and adjacent to major roadways, which
County Road 19 is in Navarre.
McMillan thanked Ralph Kempf for his overview of the recreational facilities of Orono. McMillan
indicated she has given a considerable amount of thought to connecting the trail along County Road 19
and that she feels the Council should take a look at the Navarre area this year.
Liz Levang, 4010 Bayside, noted the City Council will be discussing Big Island later on tonight but that
she had a question regarding the $1000 reward being offered. Levang asked where the reward money is
coming from and whether this approach has been successful in the past.
Loftus stated the reward money comes from a crime fund, which consists of donated funds.
Olson stated approximately 10 years the City Council approved a reward fund of $2000. Over the past
10 years the City has used approximately $100 of that money.
McMillan noted it is a separate fund within the Orono Police Department.
Levang commented the reward is a good idea and that the money will hopefully be an incentive to
someone to report the person who committed the vandalism.
Kempf asked whether the building on Big Island is insured.
Olson stated the building is insured at approximately $58,000. The City’s insurance company is in the
process of sending an adjuster out to verify the damage. The City should also receive some money for
cleanup in addition to the loss of the building. Olson indicated he does not know the exact dollar amount
that will be paid by the insurance company at this time.
PLANNING DEPARTMENT REPORT
7. #11-3496 CITY OF ORONO, AMEND CITY CODE 78-71, NONCONFORMING
STRUCTURES AND USES – ORDINANCE NO. 85, THIRD SERIES
Curtis stated the City’s Code has provisions governing the alteration, expansion, and maintenance of
nonconforming structures and uses. The proposed ordinance would apply only to legal nonconformities.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 5 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 6 of 18
(7. #11-3496 CITY OF ORONO, AMEND CITY CODE 78-71, NONCONFORMING
STRUCTURES AND USES, Continued)
Illegal structures, hardcover and uses are not given any special status within the Code. Currently an
existing nonconforming structure may be rebuilt within Section 78-71. The provisions provide that an
existing nonconforming structure may be replaced, but is limited to the existing footprint, location,
volume and envelope of the current structure.
As it relates to a nonconforming structure, the property owner would be able to rebuild exactly what
currently exists in the exact location but cannot change the outer envelope or location in any way.
Additionally, a smaller structure could be constructed within the nonconforming footprint/envelope area.
As a result of the Krummenacher Supreme Court ruling, Staff has reviewed a number of City codes and
processes. It is likely these types of applications for hardcover rearrangements would not meet the
hardship definition and variances would not be an option.
In order to allow a property owner the opportunity to reduce or rearrange existing nonconforming
hardcover, City Staff is proposing an amendment to the zoning ordinance which would expand the
options for dealing with nonconforming, nonstructural hardcover. The proposed amendment would allow
a property owner to remove and reinstall legally nonconforming hardcover within the same zone in a
different location or reconfigure the hardcover as long as the nonconforming square footage is not
exceeded.
In December the City Council amended the uses within residential districts. This resulted in the removal
of gun clubs from the code as a permitted, conditional or accessory use where previously gun clubs were
allowed as a conditional use. Staff discussed the implications of becoming a legal, nonconforming use
with the Park Gun Club, which is the only gun club in the City. The size of their site and the current rules
governing this type of use do not allow for expansion of shooting field areas. The gun club expressed an
interest in expanding their hours of operation in the future in order to accommodate more participants.
The amendment language proposed to 78-71(b)(8) will allow the Council to make changes to the hours of
operation.
The Planning Commission voted 5 to 0 to approve the language as proposed. Staff recommends approval
of the ordinance amendment.
McMillan asked if a home extends into the 0-75 foot zone, whether that would be affected.
Curtis indicated the proposed amendment would not impact structural hardcover.
Bremer noted the ordinance would not allow people to relocate patios.
Curtis stated the property owner would still be allowed to have the patio in the exact same location.
Mattick stated as long as it is a legal nonconformity located within the 0-75 foot zone, they would be
allowed to rebuild it in the exact same location. Relocating the hardcover, however, would not be
allowed.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 6 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 7 of 18
(7. #11-3496 CITY OF ORONO, AMEND CITY CODE 78-71, NONCONFORMING
STRUCTURES AND USES, Continued)
Bremer asked whether other cities are adopting similar measures to deal with the Supreme Court ruling.
Mattick indicated there are a number of cities that have passed similar ordinances. Mattick stated House
Bill 52 as currently proposed received the most opposition from car dealers since it contained language
that would allow cities to grant a variance and then attach conditions to the variance. The car dealers
would prefer that language not be contained in the legislation.
McMillan asked whether this ordinance amendment will provide the City flexibility in dealing with
hardcover.
Curtis indicated it would give the City flexibility and that it would allow someone to improve their
property if it results in less hardcover and is a reasonable approach to the situation.
Bremer asked whether Staff will still be comfortable with this ordinance a year or two from now.
Curtis indicated they will be. The ordinance allows for some flexibility on the part of the City to make a
lot more conforming as long as the hardcover is not increased.
McMillan asked whether the gun club would also have some flexibility if they wanted to construct a new
building or make other improvements.
Curtis noted they did speak with representatives of the gun club and that they would be allowed to rebuild
their existing structure.
Mattick stated he is unsure whether the gun club physically has room to add additional structures but that
they would be allowed to replace what exists.
Bremer moved, Franchot seconded, to adopt ORDINANCE NO. 85, Third Series, an Ordinance
Amending the Orono City Code Regarding Nonconformities. VOTE: Ayes 4, Nays 0.
Bremer moved, Franchot seconded, to adopt SUMMARY ORDINANCE NO. 85, an Ordinance
Amending the Orono City Code Regarding Nonconformities. VOTE: Ayes 4, Nays 0.
8. BARRY TANNER, 3435 SHORELINE DRIVE – APPEAL OF ADMINISTRATIVE
DECISION
Curtis stated Navarre Lanes opened for business in the multi-tenant building at 3423 Shoreline Drive in
December of 2010. Winter weather conditions and frost have not allowed for construction of a new
monument sign. In order to draw customers to the newly opened bowling alley, Mr. Tanner placed
temporary signage on the property. Per City Code, four 10-day permits are allowed for temporary
signage per calendar year. These permits may be lumped together into one 40-day time period. Mr.
Tanner applied for and received temporary sign permits for the dates December 3rd through December
31st. Additionally, Mr. Tanner applied for and received temporary sign permits from January 1 through
February 10, 2011.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 7 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 8 of 18
(8. BARRY TANNER, 3435 SHORELINE DRIVE – APPEAL OF ADMINISTRATIVE
DECISION, Continued)
The recently issued sign permits utilize all of the available 40 days for 2011. Mr. Tanner requested a
variance be granted to allow additional days for the display of temporary signage. Staff denied this
request based on the limitation within the code. On January 19, 2011, the City received an appeal of the
Staff decision to allow additional signage days.
Staff recommends that Council deny the appeal for additional signage days. Mr. Tanner could explore an
agreement with another tenant in the building. Curtis noted that Mr. Tanner has brought some pictures of
his temporary signage.
Barry Tanner, Navarre Lanes, stated to his knowledge they have not had any complaints regarding their
temporary signage. Navarre Lanes is located in the basement of the building and the temporary signage is
necessary to direct patrons to their location. Due to current weather conditions, he is not able to construct
the monument sign. Tanner stated if they were not allowed the signage, it would be a huge detriment to
his business.
Bremer asked whether Mr. Tanner has discussed the possibility of using other tenants' temporary signage
allotment.
Tanner indicated he was not aware of that option until this evening and that he is requesting a 90-day
extension.
Franchot asked whether Staff's recommendation to deny is based on the variance issue.
Curtis indicated it is.
Franchot noted due to the Supreme Court ruling regarding variances, the Council is unable at this time to
grant a variance.
Mattick noted in order for the Council to grant a variance, they would need to make a finding that he
would not have reasonable use of his property without the signage.
McMillan asked whether this is a variance or a permitting issue.
Mattick stated the idea was that he could not apply for a variance, but by asking to extend the 40 days,
that would be considered a variance. Mr. Tanner could approach other tenants in the building to see if he
could utilize their temporary signage days. The City Council will need to decide whether that is an
acceptable approach, but Staff would require confirmation by the other tenants that that is acceptable to
them.
Bremer stated the Council is currently looking at different ways to deal with the Supreme Court ruling,
which greatly limits the Council’s ability to grant a variance. The Council does have the ability to allow
him to utilize other tenants' temporary signage allotment.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 8 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 9 of 18
(8. BARRY TANNER, 3435 SHORELINE DRIVE – APPEAL OF ADMINISTRATIVE
DECISION, Continued)
Tanner commented he wish he would have been provided this information from the start. Tanner
indicated he could speak with the other tenants tomorrow but that he is not sure how quickly he will get
the authorization.
Mattick noted Staff would prefer to have that confirmation submitted in writing.
Printup indicated he is comfortable with Mr. Tanner speaking with the other tenants and asked how much
time Mr. Tanner would require.
Tanner stated he would need to get approval from at least two tenants since he will not be able to
construct a permanent sign until the springtime. Tanner stated he would make some calls tomorrow but
would likely need a few days to get the confirmation from the tenants.
Tanner asked whether the same permit fees would apply.
Curtis indicated they would.
McMillan asked whether this is a similar situation to the sandwich board signs in Navarre.
Curtis indicated it is not since those business owners did not apply for a permit and the sandwich boards
were only utilized during the day.
Franchot recommended Mr. Tanner be allowed a week to speak to the other tenants and submit the
required information.
Mattick commented it would not be uncommon for the City to grant a property owner 10 days to correct a
particular noncompliance issue.
Franchot moved, Printup seconded, to allow Mr. Tanner ten days from today's date to obtain
confirmation from the other tenants that they will allow him to utilize their temporary signage
allotment. VOTE: Ayes 4, Nays 0.
*9. PURCHASE OF 2009 AERIAL PHOTOS
Franchot moved, Printup seconded, to authorize the purchase of 2009 aerial photos from Hennepin
County for approximately $3,000, with the funds being allocated out of the Improvement
Equipment Outlay Fund. VOTE: Ayes 4, Nays 0.
(The Orono City Council recessed from 8:13 p.m. to 8:15 p.m. to convene the HRA meeting)
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 9 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 10 of 18
CITY ENGINEER’S REPORT
10. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN UPDATE
Kellogg stated the cost estimate for the irrigation system, which would utilize water saving components to
maximize the performance of the system, would be $32 to $35,000. Kellogg noted the school district
offered to do the maintenance of the landscaping in the median. Kellogg suggested the Council consider
planting low maintenance plants that could survive after two to three years without irrigation. Kellogg
indicated he would need a decision on the irrigation system by the next meeting in order to stay on
schedule.
McMillan asked how it would get watered without the irrigation system.
Kellogg stated the City has a water truck but that he is unsure whether the school district has one.
McMillan stated if the no mow grass is planted in the fall, it could get established before winter.
Kellogg commented they would also like to plant a couple of trees in the roundabouts.
McMillan stated the City should look at the water truck issue.
Kellogg indicated he would like to sit down with the School District prior to the next council meeting and
discuss what equipment is available and their thoughts on irrigation versus a watering truck.
Kellogg noted this past Thursday they met with the private utility companies and a plan has been
developed to relocate the utilities. Kellogg indicated the biggest hurdle is designing a system to handle
the storm water, particularly from the student center down to Highway 12. They are attempting to design
a storm sewer system that will not deplete the wetland.
Kellogg stated their biggest challenge is to have the plan completed this week for submittal to the
Watershed District. Kellogg noted the sidewalk may be somewhat meandering rather than straight.
Franchot asked if the City would be reimbursed by the school district for the west sidewalk.
Kellogg indicated they are planning to be reimbursed by the school for the sidewalk. Kellogg noted the
sidewalk would be bid as an alternate in case the school district does not want to go forward with the
sidewalk.
Kellogg indicated they are also working with the School District on an educational level and attempting to
include some students in planning of the roadway, which is being done on a volunteer basis to help
encourage students to become engineers. A meeting was held with the 7th grade teachers and they are
planning an all-day session on February 24th with the four 7th grade classes. Kellogg indicated they are
looking for some interest from the students to create a three-dimensional model of the buildings along the
corridor.
McMillan indicated she would prefer to get the maintenance agreement completed in the near future.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 10 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 11 of 18
(10. OLD CRYSTAL BAY ROAD RECONSTRUCTION PLAN UPDATE, Continued)
Mattick stated he will require a clear list of all the items that should be included.
McMillan noted the minutes from the special city council meeting outlined the majority of the items that
should be included in the maintenance agreement and suggested a draft agreement be brought back to the
City Council by the next meeting.
11. BID AWARD - STREET MAINTENANCE MATERIALS BID 2011
Bremer moved, Franchot seconded, to award the 2011 materials bids as outlined in the Public
Works memorandum dated February 14, 2011. VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
Printup noted a fire advisory committee meeting was held at the end of January. Budget information is
being prepared and will be presented sometime this summer.
McMillan noted the Long Lake Fire Department pancake breakfast is scheduled for April 17th.
McMillan reported the LMCD Save the Lake meeting was held last week, which basically provided an
overview of the activities of the LMCD over the past year. McMillan reported that Lisa Whalen, chair of
the committee, will be leaving the committee and that Doug Babcock will be the new chair.
McMillan noted she also attended a mini mayors meeting with the mayors of Deephaven, Greenwood,
and Woodland regarding watershed issues. The mayors voiced concern over the amount of staff time and
money being spent to respond to the rules and regulations of the Minnehaha Watershed District.
McMillan indicated they would like to hold other mini meetings with the other mayors.
Franchot asked if there was any interest expressed in reducing the amount of regulation.
McMillan stated a fair amount of the regulation comes from the Clean Water Act and that they were
interested in getting some input on how to better deal with the regulations. The cities will be starting
some storm water projects this year and the watershed district would like to become involved in the
projects. McMillan indicated she would like to know who is in charge of all these rules and regulations
and how to allocate the time as it relates to budget.
Gaffron suggested some time be set aside at one of the upcoming work session to discuss that item.
McMillan noted the Crystal Bay task force met last week and there was one citizen in attendance. Jill
Bartell from the Minnetonka Beach Council spoke about constructing some temporary speed bumps and
how they handled some of their road issues. McMillan commented their issues are similar to what Orono
is going through. McMillan stated the city engineer will be looking at installing some removable speed
bumps and the costs associated with those.
McMillan noted the Big Island subcommittee will be meeting on Friday.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 11 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 12 of 18
(MAYOR/COUNCIL REPORT, Continued)
McMillan asked how the Council feels about the appointment process now that the Council has finished
the second set of interviews. McMillan asked whether the Council would like another round of
interviews for the final candidates prior to February 28th.
Bremer indicated she would be receptive to that if other Council members feel it is necessary. Bremer
stated in her view everyone has had a good opportunity to ask questions and to gather input from the
various candidates.
Franchot stated he would be agreeable to holding a final round of interviews if the Council is stuck on
two candidates.
Printup commented the individual Council members will have two weeks prior to the 28th to consider the
various candidates and that a final round of interviews is probably not necessary.
Franchot asked whether the Mayor plans to have a discussion period regarding the candidates and then a
vote or how that will be handled.
McMillan indicated she would like the Council Members to make a recommendation and share their
thoughts on why they would select a particular candidate.
CITY ADMINISTRATOR’S REPORT
*12. EVIDENTIAL BREATH TESTER INSTRUMENT AGREEMENT
Franchot moved, Printup seconded, to approve the Evidential Breath Tester Agreement. VOTE:
Ayes 4, Nays 0.
*13. POLICE DEPARTMENT EQUITABLE SHARING AGREEMENT
Franchot moved, Printup seconded, to approve the Equitable Sharing Agreement. VOTE: Ayes 4,
Nays 0.
*14. ACCEPT RESIGNATION OF OFFICER ERIC PIKE
Franchot moved, Printup seconded, to accept the resignation of Officer Eric Pike effective
February 14, 2011. VOTE: Ayes 4, Nays 0.
*15. REQUEST TO CALL BACK (HIRE) POLICE OFFICER
Bremer moved, Printup seconded, to call back and reinstate Matthew Siltala as a police officer at
$27.49 (2010 Contract). VOTE: Ayes 4, Nays 0.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 12 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 13 of 18
16. 2010 FINANCIAL REPORT
Olson noted the majority of the 2010 bills have now been paid and the rest should be paid by the end of
February. At this time the expenditure budget is under budget by $188,506. The major reason for the
decrease in the expenditures is a result of the actions taken by the police chief to reduce expenses. The
police department was able to reduce part-time hours while maintaining control of overtime costs. In
addition, fuel costs were slightly cheaper than they were the previous year.
Four general fund departments are over budget and will require budget adjustments. Unemployment
charges are responsible for the Administration Department being over budget. The law/legal services also
exceeded its budget. Increased code enforcement, a personnel issue, increased costs associated with
ordinance changes, and complex zoning applications account for the overage. The overage in human
services was due to a budgeting error. The engineering department was also over budget. Commencing
in 2011, engineering charges associated with planning, zoning and public works will be charged directly
to the respective departments, which will allow for greater accountability by each department. The other
departments were within budget.
Olson noted that property taxes are the City's biggest revenue source and represents 65.6 percent of the
general fund budget. Current year tax collections are at approximately 98 percent. When delinquent tax
collections, penalties, and interest are included, tax collections are at 101.6 percent of the budget.
Olson indicated they are budgeting less in 2011 than in 2010 for plan reviews. Olson noted plan reviews
and permit revenues have been less than usual for the past three years due to the economy.
In addition, the City's investments are generating less revenue, with the majority of them only paying one
percent. Olson noted the City has been benefitting from the low interest rate they pay on their bonds.
McMillan noted fines are up and asked what that consists of.
Olson indicated the fines are the fines generated from tickets issued by the police department.
Olson noted they budgeted $70,000 for investment interest in 2010. In 2011, that number was decreased
to $30,000, which represents the one percent interest. Olson commented he has budgeted conservatively
on revenues for 2011.
Franchot asked whether the change in cash listed under funds is the number listed plus the depreciation
number.
Olson indicated the majority of it would be and that the rest is liabilities.
Franchot noted $367,000 in expenses is listed under the sewer operating fund, and asked what that
consists of.
Olson stated that is allocated to the Metropolitan Council.
Franchot suggested a footnote be added to that fund to denote that that money is allocated to the
Metropolitan Council. Franchot commended Ron Olson for his good financial stewardship.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 13 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 14 of 18
(16. 2010 FINANCIAL REPORT, Continued)
McMillan noted water revenue has decreased and asked whether that is attributable to the rate increase.
Olson stated water consumption was down last year, which could have been a result of the wet spring and
summer. Olson stated the drawback to the tiered system is that the loss in revenue occurs at the high rate.
McMillan asked whether Staff has the water usage figures for the past few years.
Olson indicated that information would go back ten years.
McMillan noted Minnegasco has also implemented a tiered rate system.
Franchot pointed out the City has ended up with approximately $240,000 more than was expected, and
asked how much money was raised by the City's tax increase.
Olson stated the tax increase of .77 percent raised approximately $38,000.
Franchot asked whether the City is committed to that tax rate.
Olson indicated they are since that information has already been provided to the county and the property
tax statements will be sent out to the residents sometime next month.
Franchot commented he would like to see the City’s reserves discussed at some point in the future and
that the City's reserves should be reflected somewhere on the City's budget.
Olson noted the monies would go into the various fund balances and that anything over 50 percent of
fund balance would be transferred into a construction fund.
Bremer stated if the reserves are put into a separate fund, it would be easier to track.
No formal action was taken by the City Council on this item.
*17. WESTERN COMMUNITIES ACTION NETWORK (WeCAN) REQUEST FOR
SUPPORT
Bremer moved, Printup seconded, to approve sending a letter of support for the CDBG grant
application being submitted by the Western Communities Action Network. VOTE: Ayes 4, Nays 0.
18. BIG ISLAND – REMOVAL OF STRUCTURES
Gaffron stated approximately five years ago the City completed the purchase of Big Island Veterans
Camp. At the time of purchase approximately 14 buildings existed. A number of cabins have since been
removed and they were left with a total of six buildings until a couple of years ago. The City has
experienced vandalism to a number of the buildings over the years due to the difficulty in securing the
buildings year-round. Most recently there was a fire at the most southerly tip of the park resulting in one
pavilion being burned down and the other pavilion being vandalized.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 14 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 15 of 18
(18. BIG ISLAND – REMOVAL OF STRUCTURES, Continued)
The Big Island committee met last Friday and concluded that the best thing would be to remove the
majority of the remaining buildings, which would include two concrete block storage buildings and the
16’ x 18’ cabin on the north hill. That cabin was initially intended to serve as an example of the type of
cabins used by the veterans when they operated the camp but the building is in poor condition and cannot
reasonably be secured from future vandalism. It is likely to become a liability if it remains in place.
The remaining picnic shelter/toilet building northwest of the dock area is another building the committee
is recommending be removed. This building was originally intended to remain in use. The structure was
renovated in 2006 to make it functional. However, vandalism to the toilet facilities during the winter of
2007-2008 convinced the City to consider actions to ‘armor’ the building by replacing wood frame walls
with concrete block walls and secure lockable doors. Building materials were delivered in March 2008
before ice-out, with actual renovation expected later that year. Continuing vandalism in 2008 destroyed
virtually all fixtures within the building before actual construction was begun.
The committee reviewed the alternatives and concluded that even if the sanitary facilities were
reconstructed in a bunker-like fashion, vandalism was likely to continue. In August 2008, the
construction was called off after concluding that efforts to continue to provide sanitary facilities would be
futile.
In addition, the committee is recommending that the electrical transformer be removed and electrical lines
be deactivated and abandoned. The committee has also concluded that there is no reason to maintain the
well and septic systems on the site. They recommended that the well be property abandoned. Keeping
the well operable would require electrical functionality and a secure mechanical room. There are two
septic systems on the property that will have to be pumped out and tanks properly abandoned by filling
them in.
Although firm cost estimates are being sought, Gabriel Jabbour has indicated that the work defined above
is likely to be in the range of $40-50,000. These costs are proposed to be covered partly by the insurance
proceeds from the burned shelter and other vandalism damage and partly from the City's Park Fund. The
committee has recommended that the work be done as soon as possible, and since much of it will require
transportation of vehicles and equipment to and from the Island, time is of the essence while the lake is
still ice covered.
Bremer noted the City has received only one bid due to the fact that the two other potential bidders were
not interested in providing an estimate and that this is the only bid the City was able to obtain.
McMillan stated abandonment of the utilities will need to occur at some point and questioned whether the
Council should take more time to consider the consequences of that action. McMillan indicated she has a
concern that once the utilities are removed, the chances are very minimal they will be reinstalled at some
point in the future.
Franchot noted the Council has spent a considerable amount of time discussing the vandalism problem
over the years and that the City is not in a position to hire a caretaker to watch over the island. The utility
and foundation work cannot be completed until this summer, which would give the Council some time to
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 15 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 16 of 18
(18. BIG ISLAND – REMOVAL OF STRUCTURES, Continued)
consider their options. Franchot indicated he would be in favor of removing the remaining structures,
which likely puts the City on a direct route to removing the utilities.
Printup stated he is fine with removing the structures but that he would like to look at other options for
the utilities.
McMillan stated also discussed briefly at the meeting was keeping some of the concrete slabs after the
buildings are removed with the thought that picnic tables could perhaps be set on them.
Ralph Kempf asked if there is going to be any provision for any type of restroom facilities.
McMillan indicated there is not going to be due to the vandalism.
Kempf stated if there is a functional well, there could be a hand pump installed to allow for some potable
water.
Franchot noted these issues have been discussed for a number of years and that given the history of
vandalism that has occurred on the Island over the years, anything that is left there is a target for the
vandals and that in his opinion a hand pump would be destroyed within a relatively short period of time.
The City does not have enough of a presence on the Island to prevent the vandalism and does not have the
resources to provide that type of presence on the Island.
Bremer commented it was always envisioned that use of Big Island would be passive and that it is
impossible to prevent all vandalism. The committee has looked at this issue for a number of years and
every time the vandalism gets worse. Bremer stated she would like to have surveillance out there but that
the costs for video surveillance are high.
Bremer indicated she is in favor of waiting until the structures are removed to make a decision on the
slabs and the utilities. Bremer commented that unfortunately the City will likely need to go the route of
removing the utilities but that she would like to know what the costs will be to preserve what is there.
Kempf noted these are porcelain fixtures and that there are other fixtures that are sturdier that could be
installed.
Franchot stated the City installed what was supposed to be a bomb proof toilet and that it was promptly
blown up.
Dave Rahn indicated he has toured Big Island and that it is difficult to maintain the facilities. Rahn noted
the sailing school was approved to use the Island this summer. Rahn recommended that any function out
there should be required to supply a biff, which would be removed after the event is over.
Rahn stated as it relates to the discussion about demolition of the buildings and leaving the foundation,
the City would need to grout the well first to prevent any debris from getting in there. Typically the well
is removed first and then the building is removed.
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 16 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 17 of 18
(18. BIG ISLAND – REMOVAL OF STRUCTURES, Continued)
McMillan stated at a minimum the City needs to remove the burned debris but that she would like to look
at the possibility of leaving the utilities in place.
Gaffron indicated Staff will coordinate with Gabriel Jabbour on removal of the debris and existing
buildings. The City will also need to issue permits as part of that demolition process.
Printup asked what is entailed in maintaining the well.
Gaffron stated there will need to be some small enclosure to house the wiring and pipe. Gaffron noted
that enclosure would also have the potential to be vandalized.
Printup asked whether there is anything that would be salvageable from the structures.
Gaffron stated they will need to look into that, but to his understanding very little would be salvageable.
Printup stated he would like to see something in writing from the other two contractors refusing to submit
a bid.
Mattick noted the City does not need to go through a bidding process since the work is under $100,000
and that perhaps the two contractors who declined to submit a formal bid would be willing to provide a
quote.
Franchot moved, Bremer seconded, to authorize the removal of the super structure of the
remaining buildings and debris, and to obtain two bids and/or quotes on the costs for the removal,
with the cost of the project not to exceed $50,000 plus tax.
McMillan stated if Staff finds out the well will need to be capped prior to the buildings being removed, to
please notify the Council.
Gaffron indicated they will investigate that issue first.
VOTE: Ayes 4, Nays 0.
CITY ATTORNEY’S REPORT
None
*19. LICENSES AND PERMITS
RESIDENTIAL KENNEL LICENSES
1. Georgette Jabbour
4455 Bayside Road
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 17 of 18]
MINUTES OF THE
ORONO CITY COUNCIL
Monday, February 14, 2011
7:00 o’ clock p.m.
_____________________________________________________________________________________
Page 18 of 18
(RESIDENTIAL KENNEL LICENSES, Continued)
2. Kathleen and Steve Johnston
2335 Shadowood Drive
3. David & LuAnn Runkle
2684 Casco Point Road
Franchot moved, Printup seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0.
*20. BILLS
Franchot moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 4,
Nays 0.
CLOSED MEETING
21. LABOR NEGOTIATIONS
(The City Council went into closed session from 9:25 p.m. to 10:18 p.m.)
ADJOURNMENT
Bremer moved, Franchot seconded, to adjourn the Orono City Council meeting at 10:18 p.m.
VOTE: Ayes 4, Nays 0.
ATTEST:
____________________________________ _______________________________________
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Item #03 - CC Agenda - 02/28/2011
Approval of Council Minutes 02/14/2011
[Page 18 of 18]
Item #04 - CC Agenda - 02/28/2011
Old Crystal Bay Road Reconstruction Update
[Page 1 of 1]
Item #05 - CC Agenda - 02/28/2011
Change Order #1 and Request for Payment No. 2, Liftstation 12 Improvments
[Page 1 of 6]
Item #05 - CC Agenda - 02/28/2011
Change Order #1 and Request for Payment No. 2, Liftstation 12 Improvments
[Page 2 of 6]
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Change Order #1 and Request for Payment No. 2, Liftstation 12 Improvments
[Page 3 of 6]
Item #05 - CC Agenda - 02/28/2011
Change Order #1 and Request for Payment No. 2, Liftstation 12 Improvments
[Page 4 of 6]
Item #05 - CC Agenda - 02/28/2011
Change Order #1 and Request for Payment No. 2, Liftstation 12 Improvments
[Page 5 of 6]
Item #05 - CC Agenda - 02/28/2011
Change Order #1 and Request for Payment No. 2, Liftstation 12 Improvments
[Page 6 of 6]
Item #06 - CC Agenda - 02/28/2011
Appointment to Fill Vacant Council Position
[Page 1 of 2]
Item #06 - CC Agenda - 02/28/2011
Appointment to Fill Vacant Council Position
[Page 2 of 2]
Item #07 - CC Agenda - 02/28/2011
Long Lake Officer Duty Truck
[Page 1 of 5]
Item #07 - CC Agenda - 02/28/2011
Long Lake Officer Duty Truck
[Page 2 of 5]
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Long Lake Officer Duty Truck
[Page 3 of 5]
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Long Lake Officer Duty Truck
[Page 4 of 5]
Item #07 - CC Agenda - 02/28/2011
Long Lake Officer Duty Truck
[Page 5 of 5]
Item #08 - CC Agenda - 02/28/2011
Authorization to Purchase 2011 Squad Car
[Page 1 of 4]
Item #08 - CC Agenda - 02/28/2011
Authorization to Purchase 2011 Squad Car
[Page 2 of 4]
Item #08 - CC Agenda - 02/28/2011
Authorization to Purchase 2011 Squad Car
[Page 3 of 4]
Item #08 - CC Agenda - 02/28/2011
Authorization to Purchase 2011 Squad Car
[Page 4 of 4]
Item #09 - CC Agenda - 02/28/2011
Tabacco Violations [Page 1 of 7]
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Tabacco Violations [Page 2 of 7]
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Tabacco Violations [Page 3 of 7]
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Tabacco Violations [Page 4 of 7]
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Tabacco Violations [Page 5 of 7]
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Tabacco Violations [Page 6 of 7]
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Tabacco Violations [Page 7 of 7]
Item #10 - CC Agenda - 12/28/2011
Maintenance Agreement [Page 1 of 5]
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Maintenance Agreement [Page 2 of 5]
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Maintenance Agreement [Page 3 of 5]
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Maintenance Agreement [Page 4 of 5]
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Maintenance Agreement [Page 5 of 5]
Item #11 - CC Agenda - 02/28/2011
Licenses & Permits [Page 1 of 1]
Item #12 - CC Agenda - 12/28/2011
Bills [Page 1 of 8]
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Bills [Page 2 of 8]
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Bills [Page 3 of 8]
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Bills [Page 4 of 8]
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Bills [Page 5 of 8]
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Bills [Page 6 of 8]
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Bills [Page 7 of 8]
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Bills [Page 8 of 8]