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Home My WebLink About03-09-2009 Council Packet PUBLIC ATTENDANCE MEETING DATE ��9�Oq �I COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. .� Z L 1 ✓ � ,� � `_7 C_.I �.��L-� � % � � � �-,_ � , 2. �- � � c=-�_. � r 3. ��.� � , � ,�.� >`%�, �� ;'S��f ��t;,,.� :.�� , r '� f 4. '�� L� �,�,, � �" i..t.r�-�,�s �-�'� j _� 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. V:1�LEGAL FORMS�\(FORMS)\PUBLIC ATTENDANCE.DOC Agenda for Council Meeting Set for Monday, March 9, 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 23, 2009 LMCD Report – Andrew McDermott, Representative Planning Commission Comments – No Representative Will Attend Public Comments – (Limit 5 Minutes Per Person) Zoning Administrator's Report * 3. #09-3397 City of Orono, 75 and 85 Ferndale Green – Rezoning – Ordinance Mayor/Council Report City Engineer’s Report City Administrator's Report 4. Payment #3 – Casco Point Sanitary Sewer Rehabilitation 5. Planning Commission Appointments City Attorney's Report 6. Licenses & Permits Special Event Tobacco * 7. Bills Agenda for Council Meeting Set for Monday, March 9, 2009, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Upcoming Issues and Events 2009 03/09 – Council Meeting, Monday, 7:00 p.m. 03/10 – Council Work Session, Tuesday, 6:15 p.m. 03/16 – Planning Commission Meeting and Work Session, Monday, 6:00 p.m. 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 – Jim Murphy) 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 23, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 1 of 6 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, Cynthia Bremer, and Doug Franchot. Representing Staff were City Administrator William Wells, Finance Director Ron Olson, Assistant City Administrator for Long-Term Strategy Mike Gaffron, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor White called the meeting to order at 7:05 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 5 through 8, and 10 were added to the Consent Agenda. Murphy moved, McMillan seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF FEBRUARY 9, 2009 Murphy moved, McMillan seconded, to approve the minutes of the February 9, 2009, City Council meeting as submitted. VOTE: Ayes 5, Nays 0. BOND SALE – 7:00 P.M. 3. SALE OF GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS – RESOLUTION NO. 5821 Olson pointed out that Staff’s report has been amended to read $1,120,000 rather than 1,190,000 in general obligation improvement refunding bonds. Olson reported the City’s AAA bond rating has been renewed. Carolyn Drude, Ehlers & Associates, reviewed the bid tabulations received on the City’s refunding bonds. Drude noted that nine bids were received, with the best bid being submitted by Cronin & Company at 2.1094 percent, which reflects a discount for premium bonds and the amount of interest over the seven years remaining on the bond issues. The other bids range from 2.1 to 2.8 percent. The savings difference from the lowest bid to the highest bid is $94,988.00. Jonathan North, Ehlers & Associates, congratulated the City on the renewal of their AAA rating. North stated in today’s economy, very few AAA ratings are being given out, and that Orono received a perfect score. Bremer asked how many other cities of similar size in Minnesota have an AAA rating. Item #02 - CC Agenda - 03/09/09 Approval of Council Minutes 02/23/09 [Page 1 of 6] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 23, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 2 of 6 (3. SALE OF GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, Continued) North stated if you compare apples to apples, there are perhaps four and that he will supply the names of those cities to Ron Olson. Murphy requested the media be provided information on the renewal of the City’s AAA rating. Franchot asked why the City’s other bonds were not refinanced. Olson stated the call date is the biggest determining factor and that the City is not able to refinance them unless the call date has passed. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5821, a Resolution Awarding Sale of $1,120,000.00 General Obligation Improvement Refunding Bonds, Series 2009A, Fixing the Form and Specifications Thereof, Providing for their Execution and Delivery, and Providing for their Payment. VOTE: Ayes 5, Nays 0. PUBLIC HEARING – 7:00 P.M. 4. ORDER PLANS AND SPECIFICATIONS FOR MYRTLEWOOD SEWER PROJECT – RESOLUTION NO. 5822 Kellogg noted the Council has received the report and have had an opportunity to review the report. Kellogg stated the Council will also have an opportunity to discuss the project at their work session on Tuesday. McMillan asked whether any of the residents have contacted the City regarding the project. Kellogg stated he has not received any calls. Wells indicated he is not aware of any calls. Kellogg noted the 10 homes within the Myrtlewood neighborhood were notified as well as the Montessori School and the site across the street. Kellogg stated information on the City’s options for this project are also included in the report. Mayor White opened the public hearing at 7:23 p.m. White noted if this project is approved tonight, they would be directing the City Engineer’s Office to prepare the plans and specifications. Bryan Freeland, 10 Myrtlewood Road, commented he is primarily interested in the water side of the project and that he is in support of the project. Kellogg stated it was approximately one year ago that the City was given a copy of a petition compiled by the neighborhood and that nine out of the ten property owners were in favor of sewer and five out of ten were interested in water. Item #02 - CC Agenda - 03/09/09 Approval of Council Minutes 02/23/09 [Page 2 of 6] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 23, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 3 of 6 (4. ORDER PLANS AND SPECIFICATIONS FOR MYRTLEWOOD SEWER PROJECT, Continued) Bremer asked if the tenth person was not available. Scott Oberainger, Orono Public Works Department, stated the tenth resident was out of town. Kellogg stated once the plans and specs are prepared, bids would be opened in late May, and an assessment hearing would then be scheduled. Bremer asked whether there would be a cost savings if the water service is done in conjunction with the sewer. Kellogg stated there would be a cost savings by doing the two utilities at the same time and that the bids would also come in at a reduced price since the project is larger in scope. Kellogg indicated the installation would be the same for both the water and the sewer. Freeland stated he does not drink his water because he is not sure whether it is safe. The water has not been tested and that he is in favor of both the sewer and the water portion. White noted the resident could have his water tested down at the University of Minnesota. McMillan commented one of the biggest issues is that well water tends to have more rust, which causes additional problems and expense for the homeowners. Mayor White closed the public hearing at 7:30 p.m. Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5822, a Resolution Ordering Preparation of Plans and Specifications for the Myrtlewood Neighborhood and 850 and 875 Wayzata Boulevard West Sanitary Sewer and Water Main Improvement Project. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS – RALPH KEMPF, REPRESENTATIVE None PUBLIC COMMENTS None MAYOR/COUNCIL REPORT Bremer noted there was an article about Xcel in the Star Tribune concerning not burying the utility lines along Lake Street at the time the street was tore up. Item #02 - CC Agenda - 03/09/09 Approval of Council Minutes 02/23/09 [Page 3 of 6] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 23, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 4 of 6 (MAYOR/COUNCIL REPORT, Continued) McMillan reported the Big Island subcommittee meeting was held last Thursday and noted that the purchase of the dock for Big Island is on tonight’s agenda. McMillan indicated a community service officer, which is also on tonight’s agenda, will also be assisting on the island to help monitor things. McMillan stated the committee is also looking at replacing some fencing on the island and replacing some signage. The management plan is approximately 80 percent completed, with some additional work being completed in conjunction with the Watershed District. Franchot reported that he spent the majority of the weekend at the League of MN Cities undergoing some training for newly elected officials, which was very informative. White noted he also attended the Big Island subcommittee meeting and concurred that it was a very productive meeting. Murphy noted that MN/Dot has erected the revised signage along the new Highway 12 corridor. Murphy asked if City Administrator Wells has been contacted regarding the business task force. Wells indicated he has not been contacted. Murphy expressed a concern that the task force is meeting without a representative from Orono being present. McMillan noted the turn-back committee will be meeting on Friday. CITY ENGINEER’S REPORT Kellogg stated he had nothing to report. CITY ADMINISTRATOR’S REPORT *5. DISPOSAL OF FORFEITED VEHICLES Murphy moved, McMillan seconded, to sell three forfeited vehicles through a sealed bid process for $200.00 minimum bid per vehicle. If minimum bid of $200.00 for a vehicle is not reached, vehicle will than be auctioned through Minneapolis Auto Auction. VOTE: Ayes 5, Nays 0. *6. DISPOSAL OF POLICE DEPARTMENT SQUAD CAR Murphy moved, McMillan seconded, to sell a 2006 Ford Crown Victoria VIN#2FAWP71W06X142732 minimum bid of $4000.00 through a sealed bid process. If minimum bid is not reached, vehicles will be auctioned through Minneapolis Auto Auction. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 03/09/09 Approval of Council Minutes 02/23/09 [Page 4 of 6] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 23, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 5 of 6 *7. HIRE PART-TIME COMMUNITY SERVICE OFFICER Murphy moved, McMillan seconded, to advertise for and extend offer of hire of a part-time community service officer. VOTE: Ayes 5, Nays 0. *8. ACCEPT QUOTATIONS FOR STONEBAY WETLAND CORRECTIONS Murphy moved, McMillan seconded, to accept the quotation in the amount of $45,230.00 from Burschville Construction, Inc., of Hanover, Minnesota, to be funded from the Stonebay LOC proceeds, and authorize the work to be commenced. VOTE: Ayes 5, Nays 0. 9. PURCHASE BIG ISLAND DOCK McMillan asked if the first two docks were purchased in 2008 as noted in Staff’s report. Bremer stated the docks were approved but not purchased. McMillan moved, Murphy seconded, to approve the purpose of a 100’ dock to be installed at the Big Island Nature Park for an amount not to exceed $41,400. VOTE: Ayes 5, Nays 0. *10. AMEND EMPLOYEE HANDBOOK Murphy moved, McMillan seconded, to amend the Employee Handbook to reflect a Thursday payday. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT City Attorney Mattick had nothing to report. 11. LICENSES & PERMITS Franchot asked at what point a residential kennel license is no longer considered residential. White stated the residence is inspected and that the amount of dogs that should be allowed has been discussed in the past. McMillan stated she does not believe there is a limit and that it depends on the circumstances. White stated to his understanding if it is over a particular number, you are required to get the approval of the majority of the neighbors. Bremer commented the Council did receive a number of public comments when the application on Casco Point was approved, which would help dictate how many animals should be allowed. Gaffron stated the definition of a residential kennel is an accessory use or place is where three or more dogs or five or more cats over six months of age are kept for residential use. Gaffron stated he does not see a maximum limit. Item #02 - CC Agenda - 03/09/09 Approval of Council Minutes 02/23/09 [Page 5 of 6] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 23, 2009 7:00 o’clock p.m. _____________________________________________________________________________________ PAGE 6 of 6 (11. LICENSES & PERMITS, Continued) White suggested that perhaps the Council should consider incorporating a limit on the number of animals that can be kept with a residential kennel licenses. Gaffron noted there is additional language regarding kennel licenses contained in the City’s Codes, which he does not have on hand tonight. Residential Kennel Licenses 1. Marty Paradise 825 Brown Road 2. Carol Brooks 1640 Fox Street 3. Jane Kline & Steve Bell 4455 West Branch Road Franchot moved, Murphy seconded, to approve the above listed licenses. VOTE: Ayes 5, Nays 0. *12. BILLS Murphy moved, McMillan seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Bremer moved, Murphy seconded, to adjourn the Orono City Council meeting at 7:53 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _______________________________________ _______________________________________ Linda S. Vee, City Clerk James M. White, Mayor Item #02 - CC Agenda - 03/09/09 Approval of Council Minutes 02/23/09 [Page 6 of 6] Item #03 - CC Agenda - 03/09/09 File #09-3397 [Total Pages 9] Item #03 - CC Agenda - 03/09/09 File #09-3397 [Total Pages 9] Item #03 - CC Agenda - 03/09/09 File #09-3397 [Total Pages 9] Item #03 - CC Agenda - 03/09/09 File #09-3397 [Total Pages 9] Item #03 - CC Agenda - 03/09/09 File #09-3397 [Total Pages 9] Item #03 - CC Agenda - 03/09/09 File #09-3397 [Total Pages 9] Item #03 - CC Agenda - 03/09/09 File #09-3397 [Total Pages 9] Item #03 - CC Agenda - 03/09/09 File #09-3397 [Total Pages 9] Item #03 - CC Agenda - 03/09/09 File #09-3397 [Total Pages 9] Item #04 - CC Agenda - 03/09/09 Payment #3 - Casco Point Sanitary Sewer Rehabilitation [Page 1 of 2] Item #04 - CC Agenda - 03/09/09 Payment #3 - Casco Point Sanitary Sewer Rehabilitation [Page 2 of 2] Item #05 - CC Agenda - 03/09/09 Planning Commission Appointments [Page 1 of 1] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 1 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 2 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 3 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 4 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 5 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 6 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 7 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 8 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 9 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 10 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 11 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 12 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 13 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 14 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 15 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 16 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 17 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 18 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 19 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 20 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 21 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 22 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 23 of 24] Item #06 - CC Agenda - 03/09/09 Licenses & Permits [Page 24 of 24] Item #7 - CC Agenda - 03/09/09 Bills [Page 1 of 7] Item #7 - CC Agenda - 03/09/09 Bills [Page 2 of 7] Item #7 - CC Agenda - 03/09/09 Bills [Page 3 of 7] Item #7 - CC Agenda - 03/09/09 Bills [Page 4 of 7] Item #7 - CC Agenda - 03/09/09 Bills [Page 5 of 7] Item #7 - CC Agenda - 03/09/09 Bills [Page 6 of 7] Item #7 - CC Agenda - 03/09/09 Bills [Page 7 of 7]