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HomeMy WebLinkAbout09-27-2004 Council Minutes• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. ROLL The Council met on the above mentioned date with the following members present: Acting Mayor Jim White, Council members Jim Murphy, Lih McMillan, and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were, City Administrator Ron Moorse, Planning Director Mike Gaffron, Planners Melanie Curtis and Janice Gundlach, Public Service Director Greg Gappa, Engineer Tom Kellogg and Recorder Kristi Anderson. Mayor Barbara Peterson was absent. Acting Mayor White called the meeting to order at 7:02 P.M CONSENT AGENDA 1. Approve /Amend Items 8, 9, 10, 11, 12, and 15 were added to the Consent Agenda. While Item #5 was removed from the Consent Agenda. Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. Vote: Ayes 4, Nays 0. Acting Mayor White moved and renamed Item #13 to Item #2A. is PRESENTATION C] 2. Fire Rescue Vehicle Purchase — Navarre Assistant Long Lake Fire Chief Tony Roe and firefighter DJ Goman gave an overview of features for the proposed Fire Rescue Vehicle purchase. Primarily for medical and light rescue, the proposed rescue vehicle would provide quicker response and fire support in Navarre. Sansevere questioned the impact eliminating the light tower and bottle fill station from the truck might have on the fire fighters ability to perform their tasks. Although he recognized the department could get by without these items, he asked whether they were necessary tools which would make the fire fighters job easier. While it would depend on the call, Goman stated that Mutual aid is often called upon for their bottle fill station. He noted that, given the choice, he would prefer a light tower. Goman stated that the existing `jaws of life', used for extrication, will be recycled and installed on the new rescue vehicle, in an attempt to lower costs. Based on the lengthy research process, Murphy stated that he would support the purchase of the rescue vehicle as proposed and complimented the fire fighters for their cooperation in making this happen for Navarre. He recognized the Long Lake Fire Department and Long Lake City Council members Tony Cleveland and Randy Gilbert, present this evening, for their support of this 20 year cooperative project. PAGE 1 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. (2. Fire Rescue Vehicle Purchase — Navarre, Continued) Sansevere moved, Murphy seconded, to accept the bid for the rescue vehicle, with the addition of the light tower, in the amount of $139,781, reflecting the $3,250 discount for the 90% prepayment; to be funded $30,781 from the Navarre Fire Station Construction Fund, and $109,000 from the Fire Equipment Replacement Account of the Improvement and Equipment Outlay Fund, and to amend the Improvement and Equipment Outlay Fund budget to reflect the expenditure. Since safety is a high priority among the Orono City Council, Sansevere questioned whether staff could accept the additional expenditure for the light tower. While he was unsure whether the funds for the expenditure were available, Moorse stated that he felt the City could cover the additional $4,000 expenditure. VOTE: Ayes 4, Nays 0. The Long Lake Fire Chief commented that hopefully the Second Call donation Fund might be able to fund some of the additional items. 2A. Highway 12 Turnback Consultant Scope of Work and Contract • Moorse reported that the joint Long Lake /Orono Highway 12 Turnback Committee has been meeting to identify the key issues related to the turnback of current Highway 12 from the State to • the County when the Highway 12 project is complete. This turnback provides a unique opportunity to rethink the function and design of this roadway to match the types of land use envisioned along Highway 12. Moorse indicated that the next steps will be to translate the vision, obtained from open meetings, into a roadway design, and an aesthetic (landscape /streetscape) design, and to work to obtain County approval of the design. Moorse explained that the committee had interviewed three engineering consultants to provide the necessary expertise, and settled on WSB, along with Hoisington Koegler, to provide engineering and technical assistance. While the total cost for the consultant work is $79,430, Moorse stated that Orono and Long Lake will share the costs of the consultant equally. Murphy complimented both Long Lake and Orono members of the committee who have spent long hours looking at this process and determined that it is clear they need help with the next phases of the project. Tony Cleveland, Long Lake City Council member, stated that the committee members were not experts on designing and developing the roadway and recognized the need to find an engineering firm to assist them. Randy Gilbert, Long Lake City Council member, commended the process, noting that the committee has been ahead of the curve to date and must stay the course. is PAGE 2 of 13 • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. (2A. Highway 12 Turnback Consultant Scope of Work and Contract, Continued) McMillan pointed out that it was the intent of the committee to plan 20 years out and beyond to envision what the bypass and community roadway would look like. Acting Mayor White encouraged the Committee members to continue their ongoing dialogue and public awareness campaign to retain public buy -in as they proceed. Sansevere asked what the timetable for completion of the tumback might be and questioned whether a moratorium of development along the corridor might be in order. Moorse stated that the consultant process should last 6 months. Murphy noted that every aspect of the turnback has timetable issues attached to it and maintained that the consultant contract should bring them to the spring. He suggested further discussion of the timetables be saved for a later work session. Sansevere moved, Murphy seconded, to approve the hiring of WSB and Hoisington Koegler to provide consultant services related to the turnback of Highway 12, as set out in the attached Scope of Work, at a cost of $79,430, these costs to be shared equally by Orono and Long Lake, and to be paid one -half in 2004 and one -half in 2005; and to authorize the Mayor and City Administrator to sign the contract with WSB and Hoisington Koegler, subject to review by the City Attorney; and to approve a budget adjustment to reflect the $20,000 is expenditure in the General Fund in 2004. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES U *3. Regular Council Meeting of September 13, 2004 Murphy moved, McMillan seconded, to approve the Minutes of September 13, 2004, as submitted. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — Irene Silber As no Park Commissioners were present, there was no Park Commission report. PLANNING COMMISSION COMMENTS — Ralph Kempf Kempf stated that he had nothing to report, but would remain for questions. PUBLIC COMMENTS Bill Dunlap, representing a group of residents from the East end of Orono, voiced their concerns regarding the Wayzata Gun Club which hosts shooting events Saturdays and Sundays. Since the Wayzata Country Club Headquarters is located in Orono and the Wayzata Gun Club is in Wayzata, he asked whose responsibility it was to enforce noise and environmental concerns regarding the gun club. Dunlap stated that the continual noise during the weekends is a nuisance and wished to PAGE 3 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. (PUBLIC COMMENTS, Continued) • have them reduce their hours of operation, but could not find any paperwork which supported their business and gun club. Moorse stated that he was unsure whose jurisdiction the gun club of Wayzata would fall and indicated that he had asked the Orono Police department to investigate this. Attorney Barrett stated that, unless the City has licensing authority over the Country Club, the jurisdiction would likely fall within Wayzata. Dunlap stated that, although no paperwork seems to exist, Wayzata told him that the club was grandfathered in. He believed that Orono residents should have some rights regarding the gun club in its midst. Murphy encouraged staff to determine whose jurisdiction the club falls under and whether the activity is appropriate, though it has been there for a long time. He suggested Dunlap be contacted once the jurisdiction has been determined. ZONING ADMINISTRATOR'S REPORT 4. #02 -2830 CITY OF ORONO, BUILDING HEIGHTS CODE AMENDMENTS — ORDINANCE NO. 18,3 d SERIES Murphy asked why the Building Height Code Amendment is significant at this time. • Gaffron stated that the amendment to the code will reflect the current policies which have been in place since 2001. The language will clarify the policy that height shall meet the 2 %2 story limitation AND the 30' limitation, as well as, define a half story and the measurement at which the highest point is clarified when dormers and windows exist within the roof system. He emphasized the importance of clarifying for the public how building height is determined, since these current policies are already being enforced. Sansevere questioned whether these changes will clarify for builders, architects, and the public what the City's intent is. Gaffron stated that these changes should help to close the current loopholes being used by those individuals. Murphy moved, McMillan seconded, to adopt ORDINANCE NO. 18,3 rd Series, an Ordinance amending Section 78 -1 and Sections 78 -78 -230 (A), 255 (A), 305 (A), 330 (A), 350 (A), 370 (A), 395 (A), 420 (A), 44 (A), 502, 572, 646 (T), 672 (A), 707 (N), 736 (I), 766 (I), 797 (D), and 825 (D) regarding building heights. VOTE: Ayes 4, Nays 0. PAGE 4 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. • 5. #04 -3049 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD — CUP — RESOLUTION NO. 5230 • Sansevere moved, Murphy seconded, to adopt RESOLUTION NO. 5230, a Resolution approving placement of a temporary office module near the tennis barn during major remodeling of the Club's main buildings which are in Wayzata for approximately 9 months. VOTE: Ayes 3, Nays 0, McMillan Abstaining. *6. #04 -3050 MIKE MCCLELLAND, 2170 MINNETONKA AVENUE — VARIANCE — RESOLUTION NO. 5231 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5231, a Resolution granting lot area and lot width variances in order to construct a new single family residence on the property located at 2170 Minnetonka Avenue in the RR -1B, 2 -acre zoning district. VOTE: Ayes 4, Nays 0. *7. #04 -3051 KEVIN AND JULIE FITZPATRICK, 356 WESTLAKE STREET — VARIANCES — RESOLUTION NO. 5232 Gundlach explained that the applicants had requested lot area, lot width, and north and south side yard setback variances in order to construct a new residence on an existing lot. She stated that it would be staff's recommendation to approve the variances as a house has existed on the 50' wide lot since 1957, the applicants are not able to acquire any other land, the lot was legally formed at the time it was platted, and if the 30' side yard setbacks were enforced the lot would have no buildable area. She pointed out that the Planning Commission supported approval of the plans on a 5 -1 vote. A memo presenting the reinforcement of staff's comments was distributed which further clarified staff's support for the lot area /lot width and side setback variance request. In summary the memo stated that the City has neither formally or informally established a policy of denying lot area and width variances in order to force owners of substandard developed lots in single separate ownership to wait to redevelop until they can accumulate additional land. In fact, the Gundlach memo noted that the City has generally granted variances to rebuild on substandard lakeshore lots where hardcover and lot coverage standards could be met. Setback variances have often been granted where proposed setbacks are consistent with those in the existing neighborhood. The memo by Gundlach continued, noting that because a number of substandard lots exist in each of Orono's' /z acre, 1 -acre, and 2 -acre zoning districts (for example, only 1/3 of the existing LR -1B and LR -1C lots were conforming to the respective minimum area requirements in 1983), variances to lot area and lot width have been granted on a regular basis. Any new policy that would delay redevelopment until additional land becomes available, would be a significant departure from past City practices. PAGE 5 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. ( *7. #04 -3051 KEVIN AND JULIE FITZPATRICK, 356 WESTLAKE STREET, Continued) While Gundlach pointed out that two neighbors, the Shields and the Ericksons, had submitted letters as to why they would object to the application, staff felt this applicant's request was within his rights. In addition, Gundlach was pleased to note that the applicant was addressing the engineering issues prior to construction. Sansevere questioned why Planning Commissioner Jurgens did not find a hardship to support the application. Commissioner Kempf stated that he believed Jurgens felt that lot size was not sufficient hardship. Sansevere questioned whether the applicant's request was consistent with what had been granted in the past. Gaffron confirmed that most 50' lots requesting variances in the 1 -acre or 2 -acre zone have been approved over the years, stating that it would not be unusual for the City to grant this request as it would be similar to those granted on Eastlake Street. Murphy asked why the neighborhood was zoned 2 -acre minimum. • Gaffron summarized the fact that, while the area was platted into 50' lots in 1912, the Orono zoning districts were not put in effect until the 1950's, with the entire City undergoing rezoning in 1975. He maintained that no standards for setbacks existed when these homes were first built; . therefore, smaller lots do exist within the 2 -acre zones that don't fit the new zoning limitations. Murphy questioned how the Council could enforce the 2 -acre standard on a lot this size. He believed a small house should be built on this small lot, that the house was too tall, and that there was inadequate hardship to support the request. Mr. Fitzpatrick pointed out that the home met the new height requirements passed just this evening by the City Council. He shared the side elevations for Council review to support this position. Gaffron maintained that homesites similar to this scenario exist in several locations throughout Orono, including Eastlake Street, Baldur Park Road, and Highwood. White added that Casco Point also has similar building situations; however, none have out buildings. Sansevere indicated that he believed it rare that the Council has used the size of the lot as a hardship. Attorney Barrett stated that, while the lot is too small for its zoning, past practices have not denied people the ability to build on a lot this size, especially when there is a house that currently exists on the property. LJ PAGE 6 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. • ( *7. #04 -3051 KEVINAND JULIE FITZPATRICK, 356 WESTLAKE STREET, Continued) Gaffron reiterated that over the past 29 years the City has granted similar variances many many times for new construction on lots this size, such as on Casco Point. He cautioned the Council that denying this application would be a fairly significant change of policy than what they have used over the past 30 years and urged them to carefully consider the ramifications of approving or not approving this application. Kempf pointed out that the costs associated with the requirement that an applicant hold onto a piece of property until they can obtain additional land is unrealistic. Nor is it realistic to assume that anyone would build a new home on the site the same size as the current home in today's economy. McMillan noted that the structural coverage restriction and hardcover limitations are literally taken out of play in this application due to the horizontal nature of the lot. Mr. Fitzpatrick thanked City Staff representatives Tom Kellogg and Planner Gundlach for their efforts in his application process. He stated that through extensive research and redesign efforts with the City they have determined that precedence does exist within the City to support the variance requests he has made for his 50' lot. He explained that they have worked very hard to comply with all of the codes possible within the Community Management Plan but still need lot area, lot width, and side yard setback variances. Fitzpatrick pointed out that there are three 50' lots within this area on Westlake Street, none of which comply with the 2 -acre zoning district. • Fitzpatrick indicated that prior to closing on the property; two neighbors did approach him to dissuade him from purchasing the property and informed him of their plans to develop their parcels. While he was aware that one of them had made an offer on the property, he chose to proceed with the purchase and thanked the neighbors for their candor on the matter. Fitzpatrick stated that he was aware of the neighbors' conditions and concerns, and wished to help contain the scope of the discussion this evening, as he recognized the Council would have many positions to examine and consider. • Michael Cronin, 8809 West Bush Lake Road, representative of the Shields and Ericksons, distributed a list of 8 additional variance conditions they wished to see put upon the applicant in order for the neighbors to support the application. He indicated that they were of the position that the home was too tall, too massive, and did not adhere to the zoning code. While he recognized that precedent did exist to support the applicant, Cronen stated that the neighbors would support the variance only if the Council put the 8 stipulations upon the application that they've suggested. According to the neighbors' documents, the 8 conditions they would require included a 12' setback to the south; elimination of the accessory structures; review of the exterior materials proposed for the south side of the structure; no south facing windows more than 20' above grade on the home and 10' on the garage; replacement of overhead utilities and power poles with underground utility service, removal of all buckthorn prior to construction; a deeded 10' westerly parcel to expand the width of the street; and new standard drainage and utility easements. Murphy questioned the significance of the dormers within the roofline. PAGE 7of13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. ( *7. #04 -3051 KEVINAND JULIE FITZPATRICK, 356 WESTLAKE STREET, Continued) • Cronin stated that the neighbors would prefer that no dormers be allowed on the garage or home at all for privacy sake. He asked if the Fitzpatricks would be willing to table their application and come back with a home plan that would meet all of their conditions. Sansevere stated that it would be unusual for the City to require an applicant to let a neighbor redesign their home altogether. Gaffron concurred, stating that it would be highly unusual for the City Council to accept a neighbor's proposed conditions and direct an applicant to do what another neighbor has requested, unless the Council is in total agreement with these conditions. Timothy Harrer, 340 Westlake Street, stated that he did not think one set of neighbors should be allowed to redesign the home of another neighbors. He indicated that he believed a person should be allowed to develop their property as they see fit if they are able to work within the codes. Harrer stated that the plans that the other neighbors have for their property, or had for this property, should have no bearing on this applicant's ability to develop their property now. He vehemently opposed the condition requiring easements be granted and reiterated the fact that 2 acre lots within this area do not exist. He maintained that the Fitzpatricks had complied with all that had been asked of them and should be given approval to build this nice home for their family. Sansevere questioned whether staff was truly comfortable with the applicant's requests or whether the precedence was `thin' as suggested by the opposing neighbors. • Gaffron stated that, generally, when the zoning does not match what exists, the City has often used the standards that more similarly match the zone that does exist, in consideration of requests. He noted that he could recall up to perhaps a dozen similar past applications in which this had been the case. While the consideration of an 8' versus 12' setback on one side or the other was a condition for consideration by the neighbors, McMillan commented that 10' seemed the most logical compromise. While the Planning Commission could support the application 5 -1, Murphy stated that he continued to struggle with the side setbacks. He recognized that the Ericksons had hoped to see these three parcels combined into one in order to move this area closer to meeting the 2 acre zoning district which it is assigned. He asked the applicant to consider accommodating the requests of the neighbors. Fitzpatrick stated that he was willing to accommodate several of the neighbors' requests. He pointed out that he had already made 10 -15 sets of revisions to the plans since first meeting with staff and had acknowledged to the neighbors last week that he would be willing to remove the buckthorn, underground the utilities, and limit windows on the southern face. On the other hand, Fitzpatrick stated that he would not appreciate the neighbors going so far as to redesigning his home. • PAGE 8of13 is MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. ( *7. #04 -3051 KEVIN AND JULIE FITZPATRICK, 356 WESTLAKE STREET, Continued) McMillan acknowledged that the applicant had every right to build his home if it met the height and 10' side setbacks; however, it was her opinion that the out building should not be there and consideration could be given to expanding the size of the attached garage instead. As mentioned earlier, due to the long horizontal nature of the lot, Fitzpatrick felt the accessory garage /shed, designed to compliment and match the home, would go far in breaking up the long narrow lot. Murphy urged the applicant to sit down with the neighbors one more time to try to meet some of their conditions or come to some agreements over the application. Fitzpatrick reiterated that he had responded to their requests immediately last week and had agreed to meet several of them, adding additional landscaping around the out building, removing buckthorn, undergrounding utilities, changing the garage to one story, and minimizing north and south windows. While meeting their request for 12' setbacks would be difficult to accomplish with an already skinny house, he believed he had gone to great lengths to accommodate the neighbors' requests. Murphy continued, asking whether the applicant would sit down to discuss the conditions again with these neighbors. • Fitzpatrick stated that, while he appreciated their candor about their expectations, he believed he could literally do nothing more to satisfy the neighbors' concerns. • Given the compromises alluded to by the applicant, White asked what the opposing neighbors might be willing to do for the Fitzpatricks in return. Cronin stated that the neighbors have come to accept the fact that a house will be built on the property; however, he stated they would still entertain a meeting to discuss the house plans with the applicant. Murphy reiterated his position that, even with past precedent, he found it difficult to support the hardship. Sansevere stated that, while he would not make a motion contingent upon a meeting with the neighbors, he questioned the City Attorney once again whether he was satisfied with the hardship of lot size. Attorney Barrett reiterated that other houses in similar situations have been allowed to proceed based on the narrowness of the lot as the hardship for granting their approval. Sansevere voiced his concern that basing the hardship on the size of a lot set a new precedent. PAGE 9 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. ( *7. #04 -3051 KEVIN AND JULIE FITZPATRICK, 356 WESTLAKE STREET, Continued) Gaffron repeated that the Eastlake Street lots do not set a precedent. While not many lakeshore lots in the 2 -acre zone have been granted approval based on lot width as their hardship, Gaffron pointed out that numerous off lakeshore lots have been granted similar approvals. In terms of setback, Gaffron stated that the proposed home is more conforming than the existing home and without the variance the hardship is that the lot is not buildable. Based on staff's recommendation and past precedent, White stated that he felt the City could not deny this application. While he was respectful of the current neighbors' requests and wishes, Sansevere stated that he was comfortable with the hardship of width if the City Attorney felt it to be appropriate. He asked how to handle the out building. Gaffron stated that the Council would need to assign a covenant to the property if it wished to never allow additional out buildings on the property. Gundlach stated that by incorporating the detached garage into the proposed garage, it would put the applicant over on hardcover in their 0 -75'. Attorney Barrett stated that the hardship of lot size would only be defensible in certain cases where 50' lots with existing homes on them would otherwise be unbuildable. Moorse explained that this would not have a broad impact on many homes in Orono, since there • are few very narrow lots in zones that require a wider lot, and setbacks that cross over one another, thus, making the homesite unbuildable. Since the application was under 15% structural cover, met the hardcover requirements, the out building was in conformance, and the lot area, width, and setback variances could be supported by hardship, McMillan stated that, as a Council member, she had to support the application. She was of the opinion that the out building be reduced in size. Fitzpatrick asked whether there was precedent to require an applicant to reduce the size of a conforming structure in order to gain approval. Sansevere stated that, as he was one of the remaining undecided Council members and could sway the vote, he suggested the applicant take what he could get by reducing the size of the out building or incorporating more square footage into the proposed attached garage. He stated that the Council can put conditions on an applicant's approval. Fitzpatrick stated that he would be willing to accept a somewhat smaller out building, as opposed to more mass on the proposed home and garage. White suggested the out building be reduced from the proposed 24'X16' to 12'X14' with the reduction coming from the side closest the street. 0 PAGE 10 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. ( *7. #04 -3051 KEVINAND JULIE FITZPATRICK, 356 WESTLAKE STREET, Continued) McMillan moved, White seconded, to approve the lot area, lot width, and north and south side yard setback variances to permit the construction of a new residence on the property located at 356 Westlake Street, on the condition that the out building be reduced on the street side to a 121X14' structure, and that no other accessory structures be constructed on this site. VOTE: Ayes 3, Nays 1 — Murphy dissenting. MAYOR/CITY COUNCIL REPORT McMillan asked if staff had communicated their position to Mr. Hamm regarding his request to plant trees within the ROW. Gappa stated that he had spoken to him several years ago and told him this was not acceptable. McMillan suggested staff contact Hamm by registered snail, telephone, or in person to explain the city's position explicitly. In reference to earlier public comments, Murphy commented that the City is encroaching around and upon the existing shooting range that has been in its current location for many years. He questioned whether the neighbors realized when they purchased their property that the range was a resident prior to their arrival. • PUBLIC SERVICE DIRECTOR'S REPORT • *8. 701 DICKEY LAKE ROAD — REQUEST FOR SEWER Murphy moved, Sansevere seconded, to approve the provision of sanitary sewer service to 701 Dickey Lake Drive contingent on the property owner signing an assessment waiver agreeing to be assessed for the total project costs for a City project to extend sewer to the parcel, with the sewer under Willow Drive to be jacked or directionally bored in order to maintain traffic flow on Willow Drive. VOTE: Ayes 4, Nays 0. *9. APPROVE PURCHASE OF VACTOR TRUCK REMOTE HOSE REEL Murphy moved, Sansevere seconded, to approve purchase of a remote hose reel for the sewer cleaning Vactor truck from Flexible Pipe Tool Company, St. Cloud, Minnesota, at a total cost of $20,780 to be funded from the year 2004 Sewer Fund Capital Outlay Budget. VOTE: Ayes 4, Nays 0. PAGE 11 of 13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. *10. APPROVE REHABILITATION OF LIFT STATION #27 PARTENWOOD • ROAD Murphy moved, Sansevere seconded, to approve rehabilitation of Lift Station Number 27 by Electric Pump Inc., Minneapolis, Minnesota at a total cost of $33,200 to be funded from the year 2004 Sewer Fund Capital Outlay Budget with approval of a budget adjustment to reflect this expenditure. VOTE: Ayes 4, Nays 0 CITY ADMINISTRATOR'S REPORT *11. ACCEPT GRANT FOR HOMELAND SECURITY TRAINING Murphy moved, Sansevere seconded, to accept Minnesota Anti - Terrorism Training Grant in the amount of $468.98. VOTE: Ayes 4, Nays 0. *12. ACCEPT RESIGNATION OF PART -TIME CSO OFFICER Murphy moved, Sansevere seconded, to accept resignation of Part Time Community Service Officer Joseph Patrick Lee and to extend an offer of employment to PT CSO candidate based on existing list, interview, and background investigation VOTE: Ayes 4, Nays 0. 13. Moved to Item 2A. 14. LETTER TO LMCD REGARDING TRIBUTARIES RESOLUTION Murphy moved, Sansevere seconded, to authorize sending a letter to the LMCD related to the tributaries resolution. VOTE: Ayes 4, Nays 0. *15. APPOINTMENT OF 2004 GENERAL ELECTION JUDGES — RESOLUTION NO. 5233 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5233, a Resolution appointing election judges for the November 2, 2004 General Election. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT Attorney Barrett reported that the marina case had been served. * 16. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. • PAGE 12 of 13 • • • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 27, 2004 7:00 o'clock p.m. ADJOURNMENT Murphy moved, Sansevere seconded, to adjourn the Orono City Council Meeting of September 27, 2004 at 9:40 P.M. VOTE: Ayes 4, Nays 0. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor PAGE 13 of 13