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HomeMy WebLinkAbout01-10-2005 Council MinutesORONO CITY Monday, ' 7:00 • ROLL OF THE NCIL MEETING ary 10, 2005 ck p.m. K The Council met on the above - mentioned date witl the' following members present: Mayor Barbara Peterson; Council Members Jim White, Bob SanseYere, and Lili McMillan; City Attorney Thomas Barrett. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Public Service Director Greg Gappa, Engineer Tom Kellogg, and Recorder Jackie Young. Council Member Jim Murphy was absent. Mayor Peterson called the meeting to ordei at 7:04 p.m. OATH OF OFFICE The oath of office was administered to Mayor Council Member Jim White. CONSENT AGENDA 1. APPROVE /AMEND Items 7, 8, 9, 11, 14, 15, 16; 17, 18, 19, 20, and 21 removed from the Consent Agenda. isWhite:moved, 5ansevere seconded, to approve t: VOTE: Ayes 4, Nays 0. • APPROVAL OF MINUTES '2. REGULAR COUNCIL MEETING OF McMillan requested Page 21 under Mayor /Council another offer. Peterson, Council Member Lih McMillan,and added to the Consent Agenda and Item 3 was Consent Agenda as amended. I 13, 2004 be corrected to read MN/DOT has made McMillan moved, White seconded, to approve the minutes of the regular Orono City Council meeting of December 13, 2004, as amended. VOTE: Ayes 4, Nays 0. NAVARRE FIRE STATION 3. NAVARRE FIRE STATION RESCUE VEHICLE CHANGE ORDER Tony Roe, Long Lake Fire Administrative Officer,laddressed the City Council regarding the changes to the fire rescue vehicle specifications. Roe noted t. total net cost of the additions and deletions amounts to $2,510 over the original amount of the bid. PAGE 1 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. (Navarre Fire Station Rescue Vehicle, Continued) Roe updated the Council on the status of the Navarre Fire Station, and noted the heating system in the administrative portion of the building is not functional and that parts are on order to correct the problem. Roe indicated 14 new additional recruits would be starting training in the near future. White moved, McMillan seconded, to approve the change order for the Navarre Fire Rescue Vehicle, in the amount of $2,510, and to approve a budget adjustment in the Improvement and Equipment Outlay Fund to reflect the additional expenditure. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS — RICK RICE, REPRESENTATIVE Rick Rice addressed the Council regarding the Park Commission's January meeting. Rice stated the majority of the discussion was centered around the Lydiard Beach right -of -way lane. Rice indicated agreement was reached to open the gates partially and to install posts at the beach with the idea to relocate the gate down to the beach area. Rice stated by partially opening the gates it would allow ATV's and snowmobiles to access that area without traversing across the grass, which had ignited some concerns in the neighborhood. Rice indicated Gappa and himself, along with Jan Berg, met at Lydiard Beach to determine the location of the posts delineating the beach and parking areas, which should be completed this spring. U Rice indicated the Park Commission also discussed the access situation with Lowry Woods. Rice noted this park currently does not have access and that the Park Commission is looking at options to gain access • to this area. Rice indicated a definite solution was not arrived at and that the Park Commission would like to continue to work with the neighbors in this area to arrive at a solution. Rice stated the Park Commission also discussed the funds that have been set aside for the Lurton Park and whether any excess funds following improvement of this area could be used elsewhere. PLANNING COMMIISSION COMMENTS — No Representative was present. None PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 4. #04 -3016 WAYZATA DESIGN AND DEVELOPMENT, 120 BROWN ROAD SOUTH — FINAL SUBDIVISION REVIEW Henry Lazniarz and Tom Goodrum were present. • PAGE 2 n U • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o' lock p.m. ( #04 -3016 Wayzata Design and Development, Gaffron stated the applicants received preliminary �lat approval in July. Gaffron noted final plans responding to the City Engineer's recent comments have been submitted. The City has received letters from two neighboring property owners expressing concerns with this application. Gaffron stated the applicants are proposing a severi1 lot Planned Residential Development, with the applicant having made the appropriate revisions to the preliminary plat drawing to show the areas to be protected via a conservation easement. The side setbacks for all lots have also been revised to 30 feet to ensure a minimum of 60' separation between principal structures. Existing trees within the conservation easement areas will be preserved, with the applicant having agreed to walk the site with staff prior to site grading to establish which, if any, trees within the grading area can be saved or transplanted. Gaffron stated the applicant is proposing to plant trees every' 40 feet along the private road as required by City Code and is also proposing additional trees west of lots 1 and 2 in an attempt to begin re- establishment of the vegetated buffer in this area. Gaffron stated Staff is also recommending pruning, of trees and removal of dead wood and damaged branches within the Conservation Easement, with the Homeowners Association being in charge of this area following construction of the development. Gaffron requested the Council discuss the need for establishing a fund or funding mechanism to help maintain this area in the future by the Homeowners Association. The easement will also include a wood chip path, with the existing bridge in need of replacement, subject to permits by the appropriate agencies. Gaffron stated the private road accessing this dev foot northerly corridor. Gaffron stated the applic runoff to the NURP pond, curb and gutter is requ addition, the grading plan indicates that the buildi the home is designed. Gaffron noted it is likely tl what was originally proposed given the proposed the visibility of the residences. pment has been redesigned to be centered on the 40- has concluded in order to achieve the desired water 1 along the entire length of the private road. In pads for all seven lots will be graded in at the time the elevation of the seven homes will be lower than vation of the cul -de -sac, which would help to reduce Gaffron stated in regards to stormwater management, preliminary plat approval was granted for seven lots predicated on the applicants' assertion that the site! contains at least 14 acres of non - wetland area and that the MCWD had accepted the wetland delineation based on the provided delineation report and the findings of the TEP panel. The final plat submitted depicts a 40' by 470' corridor that was not shown as wetland on any preliminary plat drawings and also was not depicted on any wetland delineation report provided to the City. The applicant has indicated they are in the process of filing the required -wetland/buffer easements with Hennepin County to meet MCWD requirements. Gaffron noted no provisions have been specified in the covenants for maintenance of the stormwater ponds. Gappa stated to his understanding in the City's previous subdivisions the homeowners associations have been responsible for maintaining the NURP ponds. Gaffron indicated that language would need to be I dded to the covenant agreements. Gaffron indicated there are a number of issues Staff has regarding the developers agreement. The applicant is proposing to begin construction of a new home on Lot 3, which replaces the existing house, 'AGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. ( #04 -3016 Wayzata Design and Development, Continued) prior to completion of the road. Staff has concerns with regard to contamination of the road base by vehicular traffic during road construction, with the City's Code reading that "building permits will not be issued to any lot which lot has access only onto proposed public or private street unless such street has been improved to the point so that it is adequate for vehicular access by the prospective occupant and by police and fire department and emergency vehicles." It is Staff's recommendation that no building permits be authorized or issued until the road base and initial bituminous layer have been installed, . subject to approval by the City Engineer. McMillan inquired whether dirt would be stockpiled on the site where the existing house is located. Gaffron stated that is what they are proposing at the present time. McMillan inquired whether a make -shift road would be constructed in order to remove the existing house. Lazniarz indicated they would comply with the City's existing codes concerning the road. Gaffron stated a second item of concern is the applicant's desire to place a dollar limit on his obligation to pay for City expenses related to the subdivision. Staff does not support the inclusion of such a limit within the developer's agreement unless the limit is set so high as to cover all conceivable expenses. L' Gaffron stated the homeowner association covenants have been provided and are included within • Council's packets. Gaffron noted the applicant has proposed no temporary or permanent subdivision identification or monument signage for this subdivision; although such signage is contemplated within the proposed covenants. Such signage would need City approval and permits and must conform to location and design standards. Gaffron noted no street lighting has been proposed, with the neighboring property owners expressing opposition to any street lighting. Orono's City Code at the present time does not require street lighting. Lazniarz stated they are in agreement with Gaffron on removing Item 3 contained in the developer's agreement and that they would comply with City Code as it relates to Item 2. Mayor Peterson inquired about Item #1 dealing with a fund or funding mechanism for the homeowners association. Lazniarz stated he would leave that up to the Council. White inquired whether the City could require private homeowners to remove dead trees on their property. Gaffron stated the City can. PAGE 4 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. ( #04 -3016 Wayzata Design and Development, Continued) White commented in his view some type of conservation easement. Tom Goodrum stated the homeowners needs to be arrived at to maintain the iatioin would be responsible for maintaining that area. 'I McMillan noted there is a fair amount of woods in that area and that the future owners of these lots should be informed prior to purchase that they will be assessed a fee to maintain the easement. Goodrum stated they would make the future homeowners aware that their homeowner fees would need to include fees to maintain the conservation easement. McMillan recommended that the agreement also !'identify removal of exotic plants. j Gaffron suggested language concerning maintenance of the easement also be included in the covenants. Lazniarz stated he did supply his attorney with s me language concerning maintenance of conservation areas and that he is surprised that was not include� d in the covenant. McMillan stated in her view the maintenance of this outlet should be specifically defined to prevent • healthy trees from being removed. Douglas Coleman, 140 South Brown Road, indicated he lives to the east of this proposed development. Coleman stated he has a concern relating to the height of the structures. Coleman stated due to the topography of this area, they would prefer the 30 -foot limit be kept. Gaffron indicated the City Code limited building height to no more than 30 feet and no more than 2 '/z stories. Gaffron stated the City's definition of a half -story is that the sidewalls where it hits the roofline cannot exceed three feet in height and that no more than 60 percent of the third story can have head room greater than five feet. Gaffron indicated it is not uncommon for homes that are constructed today to have a height of 45 feet from low side to peak, and that in his opinion these structures could possibly have peak heights that could be as high as 45 feet above the walkout floor elevation. Gaffron indicated he is not aware of any subdivision within the City where the height of the structure was limited to something less than what was allowed by Code. Lazniara indicated there would probably be a mixture of different type housing constructed in this area but that he has never personally worked on a two and a half story house, which is the maximum height allowed by the City. Coleman indicated he also has a concern regarding point number one found on page eight of Staff's report. Coleman* stated he would prefer the language be changed to reflect that further development be prohibited. McMillan inquired what Coleman means by development. • PAGE 5 i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. • ( #04 -3016 Wayzata Design and Development, Continued) Coleman indicated further houses. Gaffron pointed out both of those areas are located within the conservation easement and would require rezoning of the site and action by the council, which would necessitate notice to the neighbors. Gaffron stated he is unsure whether there would be a way for this council to prohibit future councils from allowing development to occur within those areas but that in his view it is unlikely to happen given the City's current ordinances. Barrett indicated the easement provides for a very foreseeable and assured reliance to the new owners and neighbors that additional development would not happen. Barrett stated future development of those areas would be difficult, noting that the City's easement would have to be yielded, which would probably not happen. Barrett stated one option is to dedicate that easement to a third party, which in his opinion is not necessary in this case. Dave McCuskey, 130 Brown Road, noted a lot of his concerns have already been addressed, but that he still has a concern regarding possible lighting. McCuskey indicated he would like the rural character of this area preserved.. Gaffron stated the City's lighting code states that the light shall not be visible from outside property • boundaries. Gaffron stated he would not be opposed to including language in the development agreement restricting lighting. Gaffron stated it is likely that some lighting would be installed for safety reasons but that lighting in the cul -de -sac has not been discussed. White pointed out that whatever covenants are approved on this development would likely be requested on the rest of the area. White stated in his view the developer is attempting to construct a subdivision that is in keeping with the rural character of Orono. Gaffron stated any monuments in the future would need to be located'within the outlot or easement, with the developer needing to meet certain requirements of the City. Gaffron noted no monuments are being proposed at the present time. McMillan inquired whether this road would actually have a road sign. Gaffron stated there would be a road sign and that the applicants are proposing a name of Creekside Trail for the private road. Gaffron noted there more than likely would be a bank of mailboxes located out by Brown Road since the Post Office generally does not accept individual mailboxes on private roads. McMillan inquired whether the homeowners in this subdivision would be required to do their own snow plowing. Gaffron stated the homeowners would be responsible for maintenance of that road and that a sign could be erected designating this as a private road. McCuskey inquired whether the bank of mailboxes would be required because it is a private road. • PAGE 6 'I MIlVU IITES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. • ( #04 -3016 Wayzata Design and Development, Gaffron stated his experience with the post offices that they do not like individual mailboxes in front of each lot because it is a private road. j McCuskey inquired about maintenance of the private road and how issues regarding maintenance would be handled. Barrett suggested the best option is to talk with the neighbors and to set up a joint agreement sharing the costs of the plowing. Barrett stated in his view an infoimal agreement might be the best option. Coleman requested clarification of Point 2 on grantee is considered the City. Gaffron stated the City is the grantee. Coleman inquired whether the homeowners assoc whenever they wanted to do something within the nine of Staff's report. Coleman inquired whether the would need to get the approval of the City :rvation easement. Gaffron indicated the language "except as authorized by written consent of Grantee" does not require a public hearing, but that the City would review the!item and determine whether approval should be given and whether any permits or public hearings are required. Gaffron stated in his view any modification to • the agreement where it does not say "except as authorized by written consent of Grantee" would require a public hearing. • Goodrum stated the nature trail is intended to be a natural trail and that they would prefer to construct whatever steps may be necessary out of timbers. White stated the City would prefer to keep the McMillan inquired whether any other grading Goodrum stated they do not. Peterson inquired whether the bridge would be Goodrum indicated they would have to look at do with the bridge as far as repairs. as natural as possible. , g the trail is currently planned. bridge and find out what the DNR will allow theirs to McMillan suggested the applicant consider clustering the boulevard trees rather than planting them every 40 feet in an effort to screen certain areas. McMillan stated in her view the clustering of the trees would be more suitable for this neighborhood. McCuskey inquired whose responsibility it is to maintain the outlot. AGE 7 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. ( #04 -3016 Wayzata Design & Development, Continued) Gaffron stated Tract G does need to be addressed in terms of maintenance. Gaffron stated McCuskey may want to consider being an adjunct member or an associate member of the homeowners association. Gaffron noted that this is an unusual situation in that a property that is not located within the subdivision is being required to use the new private road. Peterson moved, Sansevere seconded, to direct Staff to draft a resolution approving final plat for Application #04 -3016, Henry Lazniarz/Wayzata.Design & Development, 120 Brown Road South. VOTE: Ayes 4, Nays 0 5. . #04 -3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD — VARIANCES Eric Vogstrom, Applicant, was present. Sansevere indicated he is in support of the applicant's revised plan, but that he would prefer the trees be replaced prior to any construction starting on this lot. (Sansevere leaves at 8:10 p.m.) • Gaffron noted the applicant has submitted a revised plan to reflect a 1,499 square foot building footprint, removal of one parking stall, and a variance request to allow 31.7 percent hardcover within the 75' -250' setback zone. Staff is recommending approval of the revised plan and the variance for 31.7 percent • hardcover within the 75' -250' setback zone. Gaffron stated the applicant has submitted a revised restoration plan, which is currently under review by Staff, noting that Staff is close to accepting it. Gaffron stated there may need to be some sort of development agreement that goes along with the restoration plan. Gaffron stated the Council has the option to direct Staff to draft a resolution reflecting Council's action for adoption or to reject the current plan and again provide the applicant with guidance. McMillan inquired whether the garage is going to be a tuck -under garage. Vogstrom stated the room on the far right is not a bedroom and is actually a garage. Vogstrom indicated due to the program on his computer he was required to label that as a bedroom rather than garage to arrive at the square footage. White noted this is a four - bedroom house. Peterson inquired whether the deck was counted twice in the hardcover calculation. 4 Gaffron stated the deck consists of 150 square feet. Peterson noted there are two decks depicted. Peterson inquired whether the City could delay issuing a building permit until the restoration plan has been implemented and completed. • PAGE 8 • • • ORONO CITY CI Monday, Ja 7:00 0'' ( #04 -3052 Eric Vogstrom, Continued) Barrett stated the issue is calculating the runoff an( impacted runoff, the City could request the applica enforceable agreements with the adjacent property with the City allowing them to obtain an injunction variance. Vogstrom noted he has already paid Essen for the Gaffron stated the applicant is proposing to replac the lagoon. Gaffron stated the trees that were cut of pine trees, with one row being totally within the one row being within the right -of -way. Gaffron in Road in the near future and that the road might nee sense for all of the replacement trees to be located Gaffron indicated Staff feels this is a reasonable the City Engineer would also be reviewing it. White inquired whether Mr. Essen is planning to Peterson inquired what type of trees are being OF THE NCH, MEETING ary 10, 2005 A p.m. that if the City is certain that the removal of the trees it provide or demonstrate to the City that he has owner requiring planting of the trees or an agreement 1 Barrett stated that could be made a condition of the that were removed. trees and shrubs that were cut on the north side of the street side of the house consists of three rows roperty, one row being along the property line, and Dated that Staff would be reviewing Casco Point to be expanded slightly. Gaffron stated it may make . i the property rather than within the right -of -way. and that Staff is close to accepting it. Gaffron stated the trees. for along the road. Gaffron stated pine trees are being proposed in that area. Gaffron noted the trees located within the right -of -way that were removed were planted by a previous property owner. McMillan inquired whether the trees are out of the0 -75' zone. Gaffron stated they are not located within the 0 -75' zone and that it is a reasonable request by the City to ask for replacement of the trees even though they are located in the right -of -way. McMillan inquired whether homeowners are Gaffron stated property owners do have the right within the 0 -75' zone. Peterson inquired whether a drain tile system to remove trees on their property. remove trees on their property as long as they are not be installed. Vogstrom stated a drain.tile system is part of the agreement he has with Essen and that gutters and downspouts would also be installed. Vogstrom indicated he is agreeable to putting something in writing if the City'requires it concerning the restoration plan but that he would prefer he be allowed to commence construction in the near future due to the interest lie is incurring on his loan. 9 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. ( #04 -3052 Eric Vogstrom, Continued) . White noted the trees cannot be planted during the wintertime and that if there is an enforceable agreement that the applicant will restore this property, he is in favor of the application. Peterson inquired whether the trees would need to be planted prior to issuance of a certificate of occupancy. Gaffron stated that would be a logical and reasonable solution. Vogstrom stated he is willing to sign an agreement with the city saying that the property would need to be restored prior to a certificate of occupancy being issued. Peterson inquired whether the City would require any guarantee on the longevity of the trees. Gaffron stated that could be included in a developer's agreement. Barbara Essen, 2048 Casco Point Road, inquired whether that would also encompass future property owners in the event the property is sold. Gaffron stated the agreement would encompass future property owners. Jeff Essen pointed out he received a citation from the city saying that he is subject to litigation if the trees • are not replaced and that he has sent a letter to the City indicating he would replace the trees. Essen stated it was 90 days ago that the trees were cut down and that earlier this afternoon a settlement agreement was signed with Vogstrom and that the trees would be planted in the spring to replace the ones that were removed. Essen stated in their agreement gutters and downspouts are required, along with drain tile and a swale, but that there is no way for him to enforce that language. Essen requested that language be included in the development agreement to ensure that the City has the ability to enforce that agreement. Essen indicated this is the first time he has seen the revised plan and that one of his main areas of concerns is off -street parking. Essen stated he has always been in favor of granting additional hardcover to provide off -street parking and that he is supportive of the two -car full- length driveway. Essen stated he is not supportive of the way the house has been twisted, noting that the deck looks down into their bedroom. Essen requested the deck be relocated to the other side to preserve their privacy. Peterson commented it might be necessary to redesign the house if that change is made. Vogstrom stated he tried to take advantage of the best view of the lake in orienting the house on the lot. Peterson noted one of the decks is located off the master bedroom and one is located off the dining room. Peterson inquired which deck Essen would like re- oriented. • PAGE 10 ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'jclock p.m. • ( #04 -3052 Eric Vogstrom, Continued) Essen stated the upper deck would probably not be'used for parties, but that in his view twisting the house has now given the applicant a clear view to his residence. i White inquired whether the house could be rotated slightly. Vogstrom stated he would prefer to look at the lake and not his neighbor's house and that he will attempt to re -orient the house slightly to help preseve his r neighbor's privacy. Vogstrom stated he did locate the garage on that lot to take advantage of the best view of the lake. Vogstrom indicated he also would like to preserve his privacy. White inquired how far off the lot line the Essen Jeff Essen stated their house is located approxii he also has been in favor of a variance on the h closer to his.property line and is larger than the runoff. is located. 20 or 25 feet from the property line. Essen stated -r, but the fact that the house is proposed 15 feet t stiucture is the basis for his concerns regarding McMillan inquired whether the City has received at grading plan on this project. Gaffron stated the City has not received anything that could be considered a final grading plan and that it would be required at the time the building permit is applied for. Gaffron indicated the Council could • require specific items relating to drainage. Vogstrom stated he did agree to the downspouts and gutters and that Essen has agreed to replace the shrubs and bushes in between the two homes to help with the privacy. Vogstrom indicated he would not be opposed to those two items being included in the development agreement. White moved to direct Staff to prepare a resolution to. accept the current revised plan submitted as part of Application #04 -3052, 2618 Casco Point Road, and to bring the resolution back for approval on January 24, 2005, with the inclusion of a requirement for the installation. of down spouts and grading plan. • Moorse recommended at the time the Council approves the resolution on the 240', a signed agreement should be in place for the tree replacement. White amended his motion to include the to the City concerning the tree replaceme Nays 0. indition that a signed agreement be submitted plan. McMillan seconded. VOTE: Ayes 3, PAGE 11 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. *6. #04 -3065 MARK AND BONNIE HECTOR, 3265 CARMAN ROAD — VARIANCES — • RESOLUTION NO. 5274 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5274, a Resolution Granting Hardcover and Structural Coverage Variances for Mark and Bonnie Hector, 3265 Carman Road. VOTE: Ayes 4, Nays 0 MAYOR/COUNCIL REPORT McMillan suggested the City have a process in place where a letter signed by the mayor and council members is sent to a resident that donates something to the City. Peterson stated the Long Lake Fire Department and Orono Police Department did a great job on handling the fire at her neighbor's residence. PUBLIC SERVICE DIRECTOR'S REPORT *7. REQUEST FOR PAYMENT #1— CASCO COVE DRAINAGE White moved, Sansevere seconded, to approve Request for Payment No. 1, Casco Cove Storm • Sewer Project to E.J. Mayers, Inc., in the amount of $18,040.50. VOTE: Ayes 4, Nays 0 *8. REQUEST FOR FINAL PAYMENT — OLD LONG LAKE ROAD SEWER White moved, Sansevere seconded, to approve Request for Final Payment, Old Long Lake Road Sewer Project to E.J. Mayers, Inc., in the amount of $2,617.60. VOTE: Ayes 4, Nays 0 *9. HENNEPIN COUNTY EPDB CONDITIONAL USE LICENSE — RESOLUTION NO. 5275 White moved, Sansevere seconded, to approve RESOLUTION NO. 5275, a Resolution Authorizing the City of Orono to Extend an Agreement for the use of Hennepin County's Electronic Proprietary Data Base. VOTE: Ayes 4, Nays 0 *10. CASCO POINT ROAD SURVEY White moved, Sansevere seconded, to authorize the surveying of Casco Point Road and Dunwoody Avenue for a future street reconstruction and drainage project, at a cost of $13,000, and to approve a budget adjustment in the Stormwater Fund to reflect this expenditure. VOTE: Ayes 4, Nays 0 • PAGE 12 1 • • C] ' MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. *11. ACCEPT DONATION FOR White moved, Sansevere seconded, to accept valued at $300 from Norling Landscaping. I CITY ADMINISTRATOR'S REPORT 12. ANNUAL APPOINTMENTS — RESOL Peterson moved, White seconded, to adopt Selected Appointments for the Year 2005. 13. SELECTION OF DATE FOR 2005 EUPROVEMENTS donation of three decorative landscaping pots E: Ayes 4, Nays 0 NO. 5276 JTION NO. 5276, a Resolution Designating Ayes 3, Nays 0 BOARD OF APPEAL AND EQUALIZATION Moorse stated there is a new state statute that requires at least one person on the local board to receive training on how the Board of Appeal operates. Moorse stated the training would have to be completed by December 2005, but that Staff is only aware of training being scheduled in February at this time. McMillan indicated she would be able to attend. McMillan moved, Peterson seconded, to establisli Wednesday, April 20, 2005, at 7:00 p.m. as the date and time for the 2005 Local Board of Appeal and Equalization meeting. VOTE: Ayes 3, Nays 0 1 *14. CITY RECORDER FEE White moved, Sansevere seconded, to approve the following fee schedule for 2005 for the City Recorder, effective January 1, 2005. VOTE: Ayes 4, Nays 0 Length of Meeting 1 -2 hour meeting 2 -3 hour meeting 3 -4 hour meeting 4 -5 hour meeting 5 -6 hour meeting 6 -7 hour meeting 7 -8 hour meeting Proposed Fee Schedule $145.00 $170.00 $210.00 $275.00 $350.00 $455.00 $550.00 PAGE 13 !I MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. *15. PARK COMMISSION REAPPOINTMENT • White moved, Sansevere seconded, to reappoint Irene Silber to a three -year term on the Parks, Trails and Open Space Commission expiring on December 31, 2007. VOTE: Ayes 4, Nays 0 *16. RESIGNATION OF MATT BOLTERMAN, ON -SITE SEPTIC SYSTEM MANAGER White moved, Sansevere seconded, to approve the resignation of Matt Bolterman effective January 18, 2005. VOTE: Ayes 4, Nays 0 *17. LIABILITY INSURANCE NON - WAIVER OF STATUTORY TORT LD41TS — RESOLUTION NO. 5277 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5277, a Resolution Making a Selection not to Waive the Statutory Tort Limits for Liability Insurance Purposes. VOTE: Ayes 4, Nays 0 *18. CITY INSURANCE AGENT FEE ADJUSTMENT White moved, Sansevere seconded, to approve the insurance agent of record annual fee for service at $8,400, effective January 1, 2005. VOTE: Ayes 4, Nays 0 *19. CONSULTANT ENGINEER 2005 FEE SCHEDULE • White moved, Sansevere seconded, to approve the rate schedule as proposed in a letter dated November 19, 2004, from BRA for engineering services to be provided by BRA in 2005. VOTE: Ayes 4, Nays 0 *20. ANIMAL CONTROL CONTRACT RENEWALS White moved, Sansevere seconded, to approve the renewal of the animal control contracts for 2005 with a 3 percent fee increase. VOTE: Ayes 4, NaysO CITY ATTORNEY'S REPORT Barrett stated lie had nothi ig to report. PAGE 14 is i MINUTES 01-11M ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'Ilock p.m. • *21. LICENSES ONE DAY GAMBLING — RESOLUTION NO. Girls Rugby Association of Minnesota/Orono Girls Rugby Field on Orono School Grounds Raffle with Home Game Fair and Family Day Func May 11, 2005,4:00 p.m. — 6:30 p.m. White moved, Sansevere seconded, to approve tl *22. BILLS White moved, Sansevere seconded, to approve Nays 0 Team Raiser above listed license. VOTE: Ayes 4, Nays 0 of the All Funds Account. VOTE: Ayes 4, ADJOURNMENT • Peterson moved, McMillan seconded, to adjourn,the Orono City Council meeting of January 10, 2005, at 9:47 p.m. VOTE: Ayes 3, Nays 0 ATTEST:. Lin S. Vee, City Clerk i Barbara A. Peterson, Mayor PAGE 15