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V:1�LEGAL FORMS)\�FORMS�\PUBLIC ATTENDANCE.DOC
Agenda for Council Meeting Set for Monday, February 23, 2009, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
Roll Call
Pledge of Allegiance
Consent Agenda
1. Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted
upon by one motion by the City Council under this section of the agenda. Items on the Consent
Agenda are reviewed in total by the City Council and may be approved through one motion with no
further discussion by the Council. Any item may be removed by any Council Member, staff
member or person from the public for separate consideration. If you wish to remove any item from
the Consent Agenda, please state the item number and description of the item. Memos regarding
each of the Agenda items are available in the Public Packet - located in the lobby near the sign in
sheet.
Approval of Minutes
* 2. Regular Council Meeting of February 9, 2009
Bond Sale – 7:00 p.m.
3. Sale of General Obligation Improvement Refunding Bonds - Resolution
Public Hearing – 7:00 p.m.
4. Order Plans and Specifications for Myrtlewood Sewer Project – Resolution
Planning Commission Comments – Ralph Kempf, Representative
Public Comments – (Limit 5 Minutes Per Person)
Zoning Administrator's Report
Mayor/Council Report
City Engineer’s Report
City Administrator's Report
5. Disposal of Forfeited Vehicles
6. Disposal of Police Department Squad Car
7. Hire Part Time Community Service Officer
8. Accept Quotations for Stonebay Wetland Corrections
9. Purchase Big Island Dock
10. Amend Employee Handbook
City Attorney's Report
Agenda for Council Meeting Set for Monday, February 23, 2009, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
11. Licenses & Permits
Kennel
* 12. Bills
Upcoming Issues and Events
2009
02/23 – Council Meeting, Monday, 7:00 p.m.
02/24 – Council Work Session, Tuesday, 6:15 p.m.
03/04 – Planning Commission Work Session, Wednesday, 5:30 p.m.
03/09 – Council Meeting, Monday, 7:00 p.m.
03/10 – Council Work Session, Tuesday, 6:15 p.m.
03/16 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Doug Franchot)
03/23 – Council Meeting, Monday, 7:00 p.m.
03/24 – Council Work Session, Tuesday, 6:15 p.m.
04/01 – Planning Commission Work Session, Wednesday, 5:30 p.m.
04/13 – Council Meeting, Monday, 7:00 p.m.
04/14 – Council Work Session, Tuesday, 6:15 p.m.
04/15 – Local Board of Appeal and Equalization, Wednesday, 7:00 p.m.
04/20 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – )
04/25 – Spring Cleanup Day, Saturday, 8:00 a.m.-2:00 p.m.
04/27 – Council Meeting, Monday, 7:00 p.m.
04/28 – Council Work Session, Tuesday, 6:15 p.m.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 9, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
______________________________________________________________________________
PAGE 1 of 8
ROLL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
James White, Council Members James Murphy, Lili McMillan, and Doug Franchot. 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. Cynthia Bremer arrived at 7:06 p.m.
Mayor White called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 5 through 10a, 11, and 13 were added to the Consent Agenda.
Murphy moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF JANUARY 26, 2009
Murphy moved, McMillan seconded, to approve the minutes of the January 26, 2009, City Council
meeting as submitted. VOTE: Ayes 4, Nays 0.
LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVE
McDermott reported that the LMCD issued a variance to allow them to de-ice further out than what had
originally been approved and that they have been put on notice that their de-icing permit will be pulled if
there are any issues that arise. Sailors World has not been maintaining their de-icing equipment properly
but that they are not experiencing problems with the other marinas. Sailors World was required to install
some warning lights and other items.
Murphy stated he has heard that the equipment at Sailors World is merely set up and then the person
leaves and does not monitor it.
McDermott stated that was the case for a period of time due to the person having some health issues, but
that it has been brought to Sailors World’s attention that they must have someone there monitoring their
equipment.
McDermott stated the LMCD has sent a response letter to Dick Osgood’s letter that recently appeared in
the Star Tribune noting that the LMCD does not support the access points and that they clarified the
funding sources for the chemical treatment of the lakes.
McDermott thanked the Council for reappointing him to the LMCD for another year.
Item #02 - CC Agenda - 02/23/09
Approval of Council Minutes 02/09/09
[Page 1 of 6]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 9, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
______________________________________________________________________________
PAGE 2 of 8
(LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVE, Continued)
McMillan thanked McDermott for his work that he has been performing on behalf of the City.
PLANNING COMMISSION COMMENTS – KIM KANG, REPRESENTATIVE
Kang stated she had nothing to report but would be available for questions.
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR’S REPORT
3. #09-3392 WAYZATA COUNTRY CLUB, 200 WAYZATA BOULEVARD WEST –
CONDITIONAL USE PERMIT – RESOLUTION NO. 5819
Rob Olson, McCombs, Frank, Roos Associates, was present.
Turner stated the applicant is requesting a conditional use permit for wetland alteration and land alteration
to convert a ditch with wetland qualities to a pond and to excavate three areas to provide for replacement
of the wetland.
Turner displayed the areas of the wetlands.
The Planning Commission recommended approval subject to the following conditions:
1. Provision of a flowage and conservation easement and restrictive covenant over the wetlands and
wetland buffers.
2. Provision of a $6,000 escrow and an escrow agreement to guarantee establishment of the buffers.
3. Issuance of a permit or conditional approval of a permit by the Minnehaha Creek Watershed
District.
The application has been revised since the Planning Commission meeting and the applicant is now
proposing to reduce the size of the mitigation area west of Old Long Lake Road and add a third mitigation
area on the east side of the course adjacent to a wetland area at 75 Ferndale Green.
The change in the mitigation areas is acceptable to John Smyth of Bonestroo, the City’s wetland
consultant. The mitigation area shown on the plans was not quite large enough. The applicant’s engineer
has revised the plan, to provide the correct amount of mitigation. This plan is attached to the revised
resolution. The additional mitigation area will not be directly visible from any residence on Ferndale
Green. A condition of the MCWD permit is a protective covenant and easement.
Murphy asked what the status of the application is with the Watershed District.
Item #02 - CC Agenda - 02/23/09
Approval of Council Minutes 02/09/09
[Page 2 of 6]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 9, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
______________________________________________________________________________
PAGE 3 of 8
(3. #09-3392 WAYZATA COUNTRY CLUB, 200 WAYZATA BOULEVARD WEST,
Continued)
Turner stated to her understanding the applicant has applied for the permit.
Rob Olson stated they have applied to the Watershed District and have received conditional approval.
McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5819, a Resolution Granting a
Conditional Use Permit for Wetland Alteration Per Orono Code Section 78-1610 and for Land
Alteration Per Orono Code Section 78-966. VOTE: Ayes 5, Nays 0.
4. #09-3393 BRIAN WINGES/COMFORTS OF HOME, 875 WAYZATA BOULEVARD
WEST – COMPREHENSIVE PLAN AMENDMENT
Gaffron noted this application was heard by the Council at its January 26th meeting and that Staff was
directed to draft language for an amendment of the 2000-2020 Community Management Plan that would
allow development of the property at 875 Wayzata Boulevard in the manner proposed by the applicant.
The text amendment has been drafted in a format similar to the current CMP entries for the areas
previously reguided for higher density residential density with adoption of the 2000-2020 CMP. This will
become part of the 2008-2030 Comp Plan.
McMillan asked whether the property was originally served with water and sewer from Long Lake.
Gaffron stated it was and that the intent is for the sewer and water to now come from Wayzata.
Murphy moved, Franchot seconded, to conditionally approve the Comforts of Home
Comprehensive Plan Amendment subject to Metropolitan Council review and approval, and direct
staff to submit the amendment to Metropolitan Council as part of the 2008-2030 CMP update.
VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Bremer congratulated Willie Gibbs for passing his building inspector’s test.
White noted the minutes from January 26 do not reflect that the lights on the bowling center will be wall
mounted. White recommended that type of light be required in the City’s lighting code for security
purposes. White noted the applicant is also required to have a timer to turn the lights on and off at certain
designated times.
CITY ENGINEER’S REPORT
Kellogg had nothing to report.
Item #02 - CC Agenda - 02/23/09
Approval of Council Minutes 02/09/09
[Page 3 of 6]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 9, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
______________________________________________________________________________
PAGE 4 of 8
CITY ADMINISTRATOR’S REPORT
*5. SUPPORT CDBG FUNDING TO WESTERN COMMUNITIES ACTION NETWORK
(WECAN)
Murphy moved, McMillan 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.
*6. PAYMENT NO. 1 – CIVIC SYSTEMS, CASSELLE CLARITY ACCOUNTING
SOFTWARE
Murphy moved, McMillan seconded, to approve Payment #1 for the Casselle Clarity Accounting
Software, Civic Systems, in the amount of $35,800.00. VOTE: Ayes 4, Nays 0.
*7. PAYMENT NO. 2 – CASCO POINT SANITARY SEWER REHABILITATION
Murphy moved, McMillan seconded, to approve Payment #2 for the Casco Point Sewer
Rehabilitation, Visu-Sewer in the amount of $24,003.00. VOTE: Ayes 4, Nays 0.
*8. CHANGE ORDER NO. 1 and REQUEST FOR PAYMENT NO. 2 – 2008 OVERLAY
PROJECT
Murphy moved, McMillan seconded, to approve Change Order No. 1 and Request for Payment No.
2 for the 2008 Overlay Project, Astech Surface Technologies, in the amount of $28,207.94. VOTE:
Ayes 4, Nays 0.
*9. APPOINT AUDITOR FOR FISCAL YEAR 2008
Murphy moved, McMillan seconded, to appoint the audit firm of Larson, Allen LLP, to perform
the required audits for the 2008 fiscal year at an estimated cost of $29,500, including direct
expenses. VOTE: Ayes 4, Nays 0.
*10. CONSULTANT ENGINEER 2009 FEE SCHEDULE
Murphy moved, McMillan seconded, to approve the 2009 consultant engineer fee schedule. VOTE:
Ayes 4, Nays 0.
*10a. CALL FOR GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND SALE –
RESOLUTION NO. 5820
Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5820, a Resolution Providing for
the Sale of $1,190,000 General Obligation Improvement Refunding Bonds, Series 2009A. VOTE:
Ayes 4, Nays 0.
Item #02 - CC Agenda - 02/23/09
Approval of Council Minutes 02/09/09
[Page 4 of 6]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 9, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
______________________________________________________________________________
PAGE 5 of 8
CITY ATTORNEY’S REPORT
*11. AMENDMENT NO. 2 TO VERIZON LEASE AGREEMENT
Murphy moved, McMillan seconded, to approve AMENDMENT NO. 2 TO SITE LEASE
AGREEMENT with Verizon Wireless to allow construction of an emergency generator at 2345
Blaine Avenue. VOTE: Ayes 4, Nays 0.
12. EMPLOYEE HANDBOOK
Mattick noted he did incorporate the changes requested at the work session and that the Council members
were e-mailed a copy of the revised handbook. Mattick stated there will be some changes to payroll and
other items like that that are automatically updated yearly.
Murphy asked how the document can be changed in the future if it is adopted tonight.
Mattick stated the League of MN Cities suggests that the policy be reviewed and updated annually and
that the handbook would be final as of today’s date once the Council approves it.
Murphy stated he would like to ensure that all employees understand the purpose and rationale for the
handbook.
Mattick noted the welcome to the city was written by Council Member Bremer.
Murphy moved, Bremer seconded, to adopt the revised Employee Handbook, with the handbook
being effective 2-9-09. VOTE: Ayes 5, Nays 0.
*13. LICENSES & PERMITS
RESIDENTIAL KENNEL LICENSE
1. David & LuAnn Runkle
2684 Casco Point Road
ANNUAL LIQUOR LICENSES
2. Club On Sale and Sunday Liquor
Spring Hill Golf Club
Jeffrey Kringen
725 Sixth Avenue North
SPECIAL EVENT
1. Applicant: Minnesota Distance Running Association, Peter Erpenbach
Event: Fred Kurz Memorial 10 Mile Run
Location: Luce Line Trail starting at the Wayzata Middle School – approximately
4.5 miles out and back
Date: Saturday, April 11, 2009
Time: 8:30 a.m. – 11:00 a.m.
Murphy moved, McMillan seconded, to approve the above listed licenses. VOTE: Ayes 4, Nays 0.
Item #02 - CC Agenda - 02/23/09
Approval of Council Minutes 02/09/09
[Page 5 of 6]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 9, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
______________________________________________________________________________
PAGE 6 of 8
*BILLS
Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE:
Ayes 4, Nays 0.
ADJOURNMENT
Bremer moved, Murphy seconded, to adjourn the Orono City Council meeting at 7:34 p.m.
VOTE: Ayes 5, Nays 0.
ATTEST:
____________________________________ ________________________________________
Linda S. Vee, City Clerk James M. White, Mayor
Item #02 - CC Agenda - 02/23/09
Approval of Council Minutes 02/09/09
[Page 6 of 6]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 1 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 2 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 3 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 4 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 5 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 6 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 7 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 8 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 9 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 10 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 11 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 12 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 13 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 14 of 15]
Item #03 - CC Agenda - 02/23/09
Sale of General Obligation Improvment Refunding Bonds
[Page 15 of 15]
Item #04 - CC Agenda - 02/23/09
Order Plans & Specs for Myrtlewood Sewer Project [Page 1 of 2]
Item #04 - CC Agenda - 02/23/09
Order Plans & Specs for Myrtlewood Sewer Project [Page 2 of 2]
Item #05 - CC Agenda - 02/23/09
Disposal of Forfeited Vehicles [Page 1 of 1]
Item #06 - CC Agenda - 02/23/09
Disposal of Police Department Squad Car [Page 1 of 1]
Item #07 - CC Agenda - 02/23/09
Hire Part Time Community Service Officer [Page 1 of 1]
Item #08 - CC Agenda - 02/23/09
Accept Quotation for Stonebay Wetland Corrections
[Page 1 of 1]
Item #09 - CC Agenda - 02/23/09
Order Big Island Dock [Page 1 of 2]
Item #09 - CC Agenda - 02/23/09
Order Big Island Dock [Page 2 of 2]
Item #10 - CC Agenda - 02/23/09
Amend Employee Handbook [Page 1 of 2]
Item #10 - CC Agenda - 02/23/09
Amend Employee Handbook [Page 2 of 2]
Item #11 - CC Agenda - 02/23/09
Licenses & Permits [Page 1 of 4]
Item #11 - CC Agenda - 02/23/09
Licenses & Permits [Page 2 of 4]
Item #11 - CC Agenda - 02/23/09
Licenses & Permits [Page 3 of 4]
Item #11 - CC Agenda - 02/23/09
Licenses & Permits [Page 4 of 4]
Item #12 - CC Agenda - 09/23/09
Bills [Page 1 of 8]
Item #12 - CC Agenda - 09/23/09
Bills [Page 2 of 8]
Item #12 - CC Agenda - 09/23/09
Bills [Page 3 of 8]
Item #12 - CC Agenda - 09/23/09
Bills [Page 4 of 8]
Item #12 - CC Agenda - 09/23/09
Bills [Page 5 of 8]
Item #12 - CC Agenda - 09/23/09
Bills [Page 6 of 8]
Item #12 - CC Agenda - 09/23/09
Bills [Page 7 of 8]
Item #12 - CC Agenda - 09/23/09
Bills [Page 8 of 8]