HomeMy WebLinkAbout10-13-2008 Council Minutes•
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ORONO CITY COUNCIL MEETING
Monday, October 13, 2008
7:00 o'clock p.m.
ROLL CALL
The Orono City Council met on the above - mentioned date with the following members present: Mayor
James White, Council Members James Murphy, Cynthia Bremer, and David Rahn. Representing Staff
were City Administrator William Wells, Finance Director Ron Olson, Assistant City Administrator for
Long -Term Strategy Mike Gaffron, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder
Jackie Young. Council Member McMillan arrived at 7:05 p.m.
Mayor White called the meeting to order at 7:00 �p.ni followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 6, 9, 11 through 16, and 18 through 21 were added to the Consent Agenda
Murphy moved, Rahn seconded, to approve
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING
Murphy moved, Rahn seconded, to approve
September 22, 2008, as submitted. VOTE:
PRESENTATION
3. 2007 COMPREHENSIVE ANNUAL I
Consent Agenda as amended. VOTE: Ayes 4,
SEPTEMBER 22, 2008
minutes of the Orono- City Council meeting of
s 4, Nays 0.
REPORT — KEN MALLOY
Ken Malloy, City Auditor with Malloy, Montague, Karnowski, Radosevich & Company, addressed the
City Council regarding their audit of the City's 2007 financial records and provided a brief overview of
the Comprehensive Annual Financial Report.
Malloy stated there were no noncompliance findings, but there were two findings relating to internal
control, of the City's financial system. Malloy noted there was a delay this year in completion of the
financial records, which resulted in the audit being conducted later than normal. As it relates to
segregation of duties, a substantial amount of time was spent analyzing the City's financial records and
procedures and how to improve the delegation of duties and methods the City should employ to assist in
the creation of accurate financial records.
Murphy asked if the auditor had a recommendation as it relates to segregation of duties.
Malloy noted they did compile a list of recommendations, which are outlined in the report, but that in
the future the City should look at the areas where there is duplication of duties and implementing a
better internal review of cash receipts, payroll and investments. Malloy noted that reconciliation of
financial statements should be done monthly. I
PAGE 1 of 11
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2008
7:00 o'clock p.m.
(3. 2007 COMPREHENSIVE ANNUAL FINAIVCL4L REPORT, Continued)
McMillan stated the Council has been discussing updating the City's financial software, and asked
whether there is a particular type of software that the auditor would recommend.
Malloy stated there are a number of different systems that are available and that he could obtain some
input from their other clients on the advantages and disadvantages of the software they utilize. Malloy
stated he basically would recommend a fund based accounting software.
Malloy stated submission of financial data to their office should also be timelier, and noted that the
information was received several months past the deadline. Malloy noted Staff was short- handed this
year and that there was a turnover in Staff, which probably has contributed to some of these issues this
year.
Murphy asked what an out -of -state travel policy would entail.
Bremer stated it would outline the costs that would be reimbursed and the personnel who could attend
certain functions.
Malloy stated an additional comment relates to depositing of receipts in a timely manner, and reported
that a number of receipts were deposited 10 to 12 days after receipt, which should be made more
current.
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Malloy noted that the City of Orono does not receive local government aid but that the City has a good, •
solid tax base, with a tax rate of 15.3 percent in 2006 and 14.3 in 2007, with the average comparable
city being approximately twice that rate. Malloy stated the City's charges for various services are
higher than average, primarily due to fire and police protection services. The debt service of the City of
Orono is considerably less than the average city. ,Malloy noted the City experienced approximately a
$500,000 increase in revenues from last year but that it receives very little intergovernmental aid.
Malloy stated overall the City is in good financial condition.
Malloy commented that typically municipal golf courses do not operate at a profit and recommended
that the City look at its options regarding the golf course and how it should be funded in the future.
White noted the finance director took over the duties of the city administrator for a period of time this
year, which resulted in his time being stretched rather thin. The City has now hired a full -time city
administrator, which should result in the finance director being able to devote more time to his financial
duties.
Malloy encouraged the City to complete its financial records in an expedient manner in order to
maintain proper overview of their finances.
White noted the City of Orono has one of the lowest tax rates of the local cities at approximately 13
percent.
McMillan acknowledged the City has had some personnel shortages, which did contribute to the
issues with the finances.
The City Council took no formal action on this item.
PAGE 2 of 11
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2008
7:00 ,, 'clock p.m.
LMCD REPORT — ANDREW
, REPRESENTATIVES
McDermott reported the LMCD did hold a public hearing for quiet waters off of Cedar Point and
Wayzata Bay. The Charter Boat Association requested the LMCD review this issue and the LMCD,
based on their review of the issues, felt that it is likely a quiet waters area will be designated given the
amount of boat traffic in that area.
The Hennepin County Water Patrol reported tl
and that overall the Water Patrol donated over
those hours being spent on Lake Minnetonka.
with a 50 percent increase in verbal warnings,
accidents, however, decreased. McDermott st,
in the incidents was due to the type of people i
gas prices and the fact that they are not aware
there are 20 special deputies, 11 in training this year,
00 hours to patrolling the lakes, with a majority of
eating while intoxicated was up 87 percent over 2007,
1 three flees. The number of boat and snowmobile
i it was the feeling of the Water Patrol that the increase
izing the lake changing slightly due to the increase in
t Lake Minnetonka is heavily patrolled.
McDermott reported there have been a number of changes in the rules regarding food preparation on
charter boats and the weight allowed on a charter boat, which has resulted in fewer people being able to
ride. In order to be profitable, 149 people are needed to make the charter boat viable and that the local
charter is requesting they be allowed to increase the boat size to 22 feet wide and 90 feet in length to
allow for more passengers. Currently the size of the boat is limited to 20 feet in width and 70 feet in
length. McDermott noted the size changes would only apply to charter boats and not recreational boats.
The LMCD has not formally agreed that the increase in size is necessary but that it is likely it will be
approved in the near future.
McDermott noted his appointment is up at the end of this year and requested the Council discuss
whether his appointment would be continued. 1
PLANNING COMMISSION COMMENTS —LOREN SCHOENZEIT, REPRESENTATIVE
Schoenzeit stated he had nothing to report but
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR'S REPORT
4. #08 -3367 TOM & PATTY KUBALA
Tom and Patty Kubalak, Applicants, were prese
Turner stated the applicants are requesting the f
1. To replace the detached garage with an
percent to 17.7 percent when the maxin
be available for questions.
2623 CASCO POINT ROAD — VARIANCE
;hed garage, reducing structural coverage from 18.4
allowed is 15 percent.
PAGE 3 of 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2008
7:00 o'clock p.m. •
(4. #08 -3367 TOM & PATTYKUBALAK, 2623 CASCO POINT ROAD, Continued)
2. To add and remove hardcover within the 75 -250 foot zone resulting in 41.6 percent hardcover
when 49.7 percent exists and the maximum allowed is 25 percent.
To change the shape of the roof over the portion of the house that is within the 10 -foot setback
from the north property line.
4. To add a roof and screen walls to a 4 x 6 foot portion of the deck that is within the 10 -foot
setback from the north property line.
The Planning Commission voted 4 to 2 to recommend approval of the variances.
Planning Staff would recommend approval of the variances with incorporation of a rain garden and/or
impervious paving materials once the grading issues have been resolved.
Turner displayed the proposed layout of the house on the lot. Turner noted the applicants are proposing
3 -foot wide steps and a 16 -foot wide driveway down to the street without a turn- around.
Kubalak stated they had initially purchased the house with the intent of remodeling, but that due to a
number of nonconformities and safety issues, they felt it would be better to construct a new residence.
Kubalak pointed out areas of poly and rock that would be eliminated as well as some concrete areas they
would be willing to remove. Kubalak stated they would also be willing to eliminate a flight of steps
going down to the lake and that the slab in the back is for a patio. In addition, they have reduced the •
driveway to 16 feet in width.
Kubalak stated there are some hardships associated with the property, including "safety issues in
accessing the road given the current location of the garage. The neighbors are in support of the project
and overall the project complements the neighborhood and improves the drainage on the lot.
McMillan noted the minutes reflect that the applicant indicated at the Planning Commission meeting
that the house is in a deteriorated condition and asked whether steps are being taken to shore up the
structure.
Kubalak stated they would reduce it down to the foundation and build it back up. Kubalak pointed out
the current foundation has to be replaced as well but that they would be keeping the same footprint.
Patty Kubalak stated the original house was destroyed in a tornado in 1965 and that they were led to
believe that it was a completely brand -new house but that it was actually built on the original
foundation.
Turner stated the state statute would allow them to replace what currently exists.
Rahn stated it is his understanding that the state statute would not allow them to increase the height of
the structure.
Turner stated Orono Code would allow them to add a second story and to correct nonconformities as
long as they comply with setbacks. •
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2008
7:00.0 clock p.m.
(4. #08 -3367 TOM & PATTY KUBALAK,
Rahn commented in his view the best thing to d
foundation. Rahn asked if the hardcover calcu ;
Turner stated they are not contained in the
Rahn stated one of the issues he has is with the
coverage, and that, there will be a roof added to
Bremer asked whether there will be something
CASCO POINT ROAD, Continued)
would be to construct new rather than build on an old
Ions within staff's report contain the poly and rock.
deck, which is currently considered structural
deck, which adds to the massing of the structure.
the rear deck.
Turner indicated that is the patio that is being added on the lakeside of the building.
Rahn commented the roof does not add anything to the structural coverage on paper but would increase
the massing of the structure.
Bremer asked if there would be a patio added
Turner stated there would be a portion of the
White asked if it is currently a walkout.
Kubalak stated it is a walkout.
the deck.
located under the deck.
McMillan asked how confident the applicants are that the drainage will be resolved with the new plan
and whether there is enough room between the house and the property line to accommodate the
drainage.
Patty Kubalak stated they will be adding drain tile, which will help tremendously.
McMillan expressed a concern that there might not be sufficient room along the side lot line for proper
drainage away from the foundation. I I
Kubalak displayed the layout of their house and i
there should be ample space to accomplish the pi
flooding three times and that their basement is ci
Bremer asked whether they are proposing a new
Kubalak stated that area would be a new patio. F
which would be constructed on grade.
Rahn asked if the patio is located under the exist:
Kubalak illustrated the location of the deck and t
Rahn asked if that side of the house is a walkout.
neighbor's house to the north and pointed out that
,r drainage. Kubalak noted they have experienced
;antly damp.
illustrated the patio they would be adding,
deck.
patio.
PAGE 5 of 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2008
7:00 o'clock p.m.
(4. #08 -3367 TOM & PATTYKUBALAK, 2623 CASCO POINT ROAD, Continued)
Kubalak indicated it is a walkout.
Murphy asked if the deck is located at the street level.
Kubalak stated it is at street level.
Bremer noted a portion of the patio would be located under the deck and that the newer portion of the
patio would extend out from the deck.
Kubalak illustrated the location of the enclosed screen porch.
White asked whether there would be a rain garden on the property.
Turner stated it would either be a rain garden or pervious pavers and that she is unsure at this time .
whether there is room for a rain garden.
Murphy noted the hardcover would be reduced by approximately nine percent and that the permeable
pavers would also help with the drainage even though no credit is given for the pavers.
McMillan commented her biggest concern relates to the drainage and that she appreciates the hardships
the applicants are experiencing with the runoff and flooding.
Rahn asked whether the driveway could be reduced further or whether it should remain at 16 feet.
Turner stated at the public hearing the neighbors raised a concern regarding the difficulty they
experience parking in this area and that they felt it would be better if the driveway were actually wider
than 16 feet.
Bremer asked whether the applicants would be comfortable backing down the driveway.
Kubalak stated once the sight lines are improved by removing the existing garage, it should not be a
problem.
Bremer suggested the applicants consider removing hardcover in another area in order to allow for a
turnaround.
Rahn asked whether the neighbors are okay with the project.
Kubalak stated they are and noted that their one neighbor will also be redoing her driveway at the same
time, which will also help with the drainage.
Bremer commented the proposed driveway is a good improvement over what currently exists and
provides for some green space.
McMillan asked what the square footage of the turnaround was.
Turner stated it was approximately eight feet by ten feet.
PAGE 6 of 11
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MINUTES OF THE
ORONO CITY ;COUNCIL MEETING
Monday, October 13, 2008
7:00 o'clock p.m.
(4. #08 -3367 TOM & PATTYKUBALAK, ,I 623 CASCO POINT ROAD, Continued)
I
McMillan suggested the applicants consider adding some additional feet to the driveway to allow for a
small turnaround.
. Kubalak stated they have seven feet from the edge of the garage door to the edge of the step, and that
the garage extends beyond the house. There is approximately three feet of width where the sidewalk
adjoins with the driveway. Kubalak stated they Could perhaps sculpture the driveway a little bit more to
help reduce the hardcover. I -
White concurred this lot does experience some s
help improve that situation.
McMillan asked whether they would be willing
Bremer stated in her view 16 feet would give
drainage issues and that this project would
add a reduced turnaround.
applicants sufficient room.
McMillan moved, Murphy seconded, Application #08 -3367, Tom and Patty Kubalak, 2623 Casco
Point Road, to direct Staff to draft an approval resolution, subject to the recommendations of the
City Engineer and the recommendations of th{e Planning Commission as it relates to mitigation of
hardcover by the use of pervious pavers. VOTE: Ayes 5, Nays 0.
*5. #08 -3370 BARB AND KEVIN DUI
STONEWOOD, LLC,1785 CONCORDIA
Murphy moved, Rahn seconded, to adopt RE
Variance to Orono Code Section 78 -1288 and
Rearrangement per Orono Code Section 78 -1
Street. VOTE: Ayes 4, Nays 0.
*6. #08 -3377 SCOTT HOCHSTEDLER,
RESOLUTION NO. 5776
WITH J. SVEN GUSTAFSON OF
ZEET — VARIANCES — RESOLUTION NO. 5775
OLUTION NO. 5775, a Resolution Granting a
i Conditional Use Permit for Floodplain
16, for the property located at 1785 Concordia
CRESTVIEW AVENUE VARIANCE —
Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5766, a Resolution Granting
Variances to Municipal Zoning Code Sections 78 -305 and 78- 1405(6), for the property located at
290 Crestview Avenue. VOTE: Ayes 4, NaysO.
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7. #08 -3378 MICHAEL & JULIE WHITTINGTON,1981 FAGERNESS POINT ROAD —
VARIANCE
Rahn moved, Bremer seconded, to table Application #08 -3378, Michael and Julie Whittington,
1981 Fagerness Point Road, at the request of the applicants. VOTE: Ayes 5, Nays 0.
*8. #08 -3383 KERN HOPPE, 1150
NO. 5777
Murphy moved, Rahn seconded, to adopt
Plat of Wyndmere 2 "d Addition, 1150 Wy:
ROAD — FINAL PLAT — RESOLUTION
.UTION NO. 5777, a Resolution Approving the
Road. VOTE: Ayes 4, Nays 0.
PAGE 7 of 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2008
7:00 o'clock p.m.
*9. #05 -3152 THIRD EXTENSION OF PRELIMINARY PLAT APPROVAL FOR
MACKINNON HILL— RESOLUTION NO.5778
Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5778, a Resolution Granting a
Third One -Year Extension to the Effective Period of Preliminary Plat Approval Established Per
Resolution No. 5421, for the property located at 3500 Watertown Road. VOTE: Ayes 4, Nays 0.
MAYOR/COUNCIL REPORT
Rahn stated he has recently read an article on the Dakota Trail and that there were differing opinions
whether it should remain open during the winter months.
White noted that has been discussed periodically over the years and that it was the consensus of the
Council not to plow it during the winter months.
McMillan stated Three Rivers did indicate in the past they would be willing to discuss that issue with
the Council.
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Murphy reported that the Minnehaha was pulled out of the water this weekend and that 2008 was a very
good year. Murphy noted they sold $25,000 worth of tickets over the website, which has helped the
Minnehaha make a profit this year.
Murphy noted he would not be able to attend the October Planning Commission meeting. •
White indicated he received a letter from Governor Pawlenty's staff and that Mary Hill Smith, appointee
to the Metropolitan Council, will be leaving in December and that applications will be taken to fill that
position. White stated he would bring information on the vacancy and the application process to the
work session on Tuesday.
Murphy stated the new highway is tentatively scheduled to open the second or third week in November
and that Mn/DOT is attempting to schedule the governor to attend the opening ceremony.
CITY ENGINEER'S REPORT
Kellogg had nothing to report.
CITY ADMINISTRATOR'S REPORT
10. AMENDMENT TO ORONO CITY CODE REGARDING SUMP PUMP INSPECTIONS
— ORDINANCE NO. 50. THIRD SERIES
Murphy noted this is the second time in the past few months that the Council has considered amending
its code with an amendment that would allow property owners the option to submit a letter in lieu of a
city inspection. Murphy asked what recourse the City would have if, say, the City received a number of •
letters from plumbers stating that everything was okay and then turned out that it wasn't.
PAGE 8 of 11
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2008
7:00 'o'clock p.m.
(10. . AMENDMENT 'TO ORONO CITY CODE REGARDING SUMP PUMP INSPECTIONS,
Continued)
Mattick stated the letter would need to be from a!licensed plumber. Mattick stated it was his
recommendation the code be amended due to similarities with the Little Canada code, which has
recently been declared unconstitutional.
Bremer commented the City could take some tyO of action if they find that there is one specific
plumber who is certifying sump pumps incorrectly.
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Murphy moved, Bremer seconded, to adopt O INANCE NO. 50, Third Series Amending Orono
City Code Concerning Sump Pump Discharges Into the Sanitary Sewer System. VOTE: Ayes 5,
Nays 0. .
*11. AMENDMENT TO ORONO CITY i
VIOLATION PENALTIES — ORDINANCE
Murphy moved, Rahn seconded, to adopt O]
34, Article II, of the Orono City Code Conce:
Ayes 4, Nays 0.
*12. APPOINTMENT OF PLANNING
MEMBER
Murphy moved, Rahn seconded, to appoint Loi
with a term expiring on March 31, 2009; and N
alternate. VOTE: Ayes 4, Nays 0.
*13. DISPOSAL OF PUBLIC WORKS
ODE REGARDING LIQUOR LICENSE
3. 51, THIRD SERIES
ANCE NO., Third Series Amending Chapter
Liquor License Violation Penalties. VOTE:
ON MEMBER AND ALTERNATE
Schoenzeit to serve as Planning Commissioner
elle Winer to serve as a Planning Commission
Murphy moved, Rahn seconded, to approve the sale of two surplus trucks, a 1989 Chevrolet 1/2 —
ton pickup and a 1996 1 -ton dump truck with (plow and sander from the Public Works
Department through the Minneapolis Auto Auction. VOTE: Ayes 4, Nays 0.
*14. DONATION TO EXCELSIOR—LAkE MINNETONKA HISTORICAL SOCIETY
Murphy moved, Rahn seconded, to accept the letter of thanks from the Excelsior -Lake
Minnetonka Historical Society and approve the donation for the wooden Big Island Veteran's
Campground sign. VOTE: Ayes 4, Nays 0.
*15. REQUEST FOR EXTENSION OF
UPDATE SUBMITTAL — RESOLUTION
Murphy moved, Rahn seconded, to adopt RI
Additional Time Within Which to Complete
Obligations. VOTE: Ayes 4, Nays 0.
FOR COMPREHENSIVE PLAN
5779
UTION NO. 5779, a Resolution Requesting
prehensive Plan "Decennial" Review
PAGE 9 of 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 13, 2008
7:00 o'clock p.m.
*16. ACCEPT RESIGNATION OF FULL -TIME COMMUNITY SERVICE OFFICER
Murphy moved, Rahn seconded, to accept the resignation of Ashley O'Rourke effective
October 10, 2008. VOTE: Ayes 4, Nays 0.
17.. HIRING OF FULL -TIME COMMUNITY SERVICE OFFICER
Rahn suggested that before positions are re- filled, the Council should have a procedure to automatically
review the position to see whether there should be any revisions or modifications made to the position.
White recommended that Staff do that review, and if there are any recommended changes, that those
could then be brought to the Council.
Olson noted this was an existing position and that the community service officer performs a number of.
functions that the Orono Police Department would prefer not be performed by a licensed police officer.
Olson noted the police officer position that was vacated two or three weeks ago has not been
immediately filled but that Staff felt it was important to fill this position as soon as possible.
Rahn suggested issues dealing with the filling of a vacant position be discussed at a work session rather
than immediately filled.
Bremer stated she does not have a concern with filling the lower paid positions without discussion by
Council and that the city administrator and staff should do those reviews and make those decisions.
Murphy stated given the current economic situation, it would be prudent to evaluate each position and
that the Council should be mindful that the City of Orono provides services to a number of local cities
who are entitled to some accountability.
Bremer commented this position should be reviewed by the Police Commission.
Rahn moved, Bremer seconded, to approve hiring of Jason Barnes to the position of Full-time
Community Service Officer effective October 4, 2008, with a starting wage of $14.16 (Level 1, Step
1), and an increase to Level 1, Step 2, after six months, with annual step increases thereafter.
VOTE: Ayes 5, Nays 0.
*18. LETTER OF INTENT TO PURCHASE TACTICAL BALLISTIC VESTS
Murphy moved, Rahn seconded, to approve a letter of intent to purchase four tactical ballistic
vests from Tactical Solutions, Inc., for $5,356.08, with the delivery and purchasing of these vests
in 2009. VOTE: Ayes 4, Nays 0.
*19. AUTHORIZATION FOR DISPOSAL OF WEAPONS
Murphy moved, Rahn seconded, to authorize Orono Police Department and Public Works to
destroy handgun/long guns. VOTE: Ayes 4, Nays 0.
Murphy moved, Rahn seconded, to approve Striecher's to purchase weapons that have been in the
police department property room for several years. VOTE: Ayes 4, Nays 0.
PAGE 10 of 11
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MINUTES OF THE
ORONO CITY ,COUNCIL MEETING
Monday, October 13, 2008
7:00 0 clock p.m.
*20. AUTHORIZATION TO OBTAIN
Murphy moved, Rahn seconded, to approve
& Wesson M &P 40's (officer duty handguns.
*21. ESTABLISH ABSENTEE BALLOT
Murphy moved, Rahn seconded, to adopt R
Absentee Ballot Board for the 2008 General
4, Nays 0.
City Administrator Wells stated he is in the pro
roles. Wells indicated he would like to discuss
it relates to various items at their next work ses
more efficient by providing the Council with tb
Bremer stated she has heard a number of good
thanked him for accepting the position with the
CITY ATTORNEY'S REPORT
• Mattick had nothing to report.
*22. LICENSES & PERMITS
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None
*23. Y BILLS
Murphy moved, Rahn seconded, to approve p
Nays 0.
ADJOURNMENT
Bremer moved, Rahn seconded, to adjourn
Ayes 5, Nays 0.
ATTEST:
i a S. Vee, City Clerk
i
V DUTY WEAPONS
trade of 11- Berretta 96D handguns for six Smith
VOTE: Ayes 4, Nays 0.
OARD — RESOLUTION NO. 5780
UTIO NO. 5780, a Resolution Establishing an
ion to be held November 4, 2008. VOTE: Ayes
s of meeting with Staff and discussing their respective
decision making process the Council goes through as
i, and that it is his desire to help make that process
ecessary information prior to the Council meeting.
iments already about City Administrator Wells and
of the All Funds Account. VOTE: Ayes 4,
Orono City Council meeting at 8:45 p.m. VOTE:
'W' L'
J e . White, Mayor
�I
PAGE 11 of 11