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V:\(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC
Agenda for Council Meeting Set for Monday, July 27, 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 July 13, 2009
Presentation
3. Hennepin County Commissioner Jeff Johnson
4. Fiber-to-the-Home Network, Lake Minnetonka Communications Commission – Resolution
Planning Commission Comments – Denise Leskinen, Representative
Public Comments – (Limit 5 Minutes Per Person)
Zoning Administrator's Report
5. #09-3412 Cortney Scott LeNeave on behalf of Cortney Wayne LeNeave, 360 Wakefield Road –
Subdivision – Sketch Plan
Mayor/Council Report
City Engineer’s Report
City Administrator's Report
6. Accept Donation from Terry Post – Resolution
7. Accept Donation from Gear West – Resolution
8. National Night Out 2009 – Resolution
9. Appointment of Representative to Lake Minnetonka Communications Commission
10. Phone Line Agreement
11. Approve Rehabilitation of Lift Station #23 at 3022 North Shore Drive
12. Approve Payment for Quality Flow
13. Purchase Tanker 11 Apparatus
14. Request for Payment No. 3 – Casco Point Reconstruction Project
15. Request for Payment No. 1 – Myrtlewood Utility Improvements Project
Agenda for Council Meeting Set for Monday, July 27, 2009, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
City Attorney's Report
16. Licenses & Permits
Annual Trap Shooting
* 17. Bills
Adjournment
Upcoming Issues and Events
2009
07/28 – Council Work Session, Tuesday, 6:15 p.m.
08/05 – Planning Commission Work Session, Wednesday, 5:30 p.m.
08/10 – Council Meeting, Monday, 7:00 p.m.
08/11 – Council Work Session, Tuesday, 6:15 p.m.
08/17 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Doug Franchot)
08/24 – Council Meeting, Monday, 7:00 p.m.
08/25 – Council Work Session, Tuesday, 6:15 p.m.
09/02 – Planning Commission Work Session, Wednesday, 5:30 p.m.
09/07 – HOLIDAY, Labor Day
09/08 – Resume Regular Office Hours, 8:00 a.m. - 4:30 p.m.
09/14 – Council Meeting, Monday, 7:00 p.m.
09/15 – Council Work Session, Tuesday, 6:15 p.m.
09/21 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Jim Murphy)
09/28 – Council Meeting, Monday, 7:00 p.m.
09/29 – Council Work Session, Tuesday, 6:15 p.m.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 1
ROLL
The Orono City Council met on the above-mentioned date with the following members present: Mayor
James White, Council Members Jim Murphy, Lili McMillan, Cynthia Bremer, and Douglas Franchot.
Representing Staff were City Administrator William Wells, Finance Director Ron Olson, City Clerk Lin
Vee, Assistant City Administrator for Long-Term Strategy Mike Gaffron, Zoning and Planning
Coordinator Melanie Curtis, City Engineer Tom Kellogg, and Recorder Jackie Young.
Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
Item Nos. 5, 7, 12, and 14 were added to the Consent Agenda.
Murphy moved, Bremer seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5,
Nays 0.
APPROVAL OF MINUTES
*2. REGULAR COUNCIL MEETING OF JUNE 22, 2009
Murphy moved, Bremer seconded, to approve the minutes of the Orono City Council meeting of
June 22, 2009, as submitted. VOTE: Ayes 5, Nays 0.
PUBLIC HEARING – 7:05 P.M.
3. ANNUAL PUBLIC HEARING FOR NPDES PHASE II STORM WATER PERMIT
Greg Halvorson, Bonestroo, stated he has been assisting the City with their MS4 (Municipal Separate
Storm Sewer System) permit under the NPDES program for operation of the City’s storm water drainage
system. The NPDES is a national regulatory program under the jurisdiction of the U.S. Environmental
Protection Agency.
A requirement of the permit is that an annual report be prepared and submitted to the MPCA. One
requirement is that the City must hold a public hearing to provide a summary of the City’s Storm Water
Pollution Prevention Plan, outline the activities of the City for the past calendar year in regards to the
permit requirements, and allow for public input and comment.
Halvorson stated the basic requirements of the City are, (1) to complete an application form; and (2)
implement a storm water pollution control and prevention program. The six minimum control measures
that must be met are: (1) public education and outreach; (2) public participation and involvement; (3)
illicit discharge detection and elimination; (4), construction site storm water runoff control; (5) post
construction storm water management; and (6), pollution prevention and good housekeeping for
municipal operations.
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 1 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 2
(Public Hearing for NPDES Phase II Storm Water Permit, Continued)
Halvorson stated the City would be subject to certain enforcement if they choose not to follow the
requirements, and those include action by the USEPA, MPCA. Under the clean Water Act, the City can
be subjected to a criminal action, a civil action, and third party lawsuits.
Local and global impacts from poor storm water pollution control include a decline in aquatic
biodiversity, habitat loss, increased flooding, aesthetics, human health, and a decline in drinking water
quality. Typical pollutant sources include dumping of leaves and paints down the sewer system or near
holding ponds and increased runoff due to expanding impervious areas.
Halvorson stated there are multiple solutions to these issues but that the best solution is educating private
property owners on how to make good decisions regarding the environment.
In 2008 the accomplishments of the City included passage of a construction site runoff control ordinance,
passage of an illicit discharge detection and elimination ordinance, sponsoring four classes that focused
on water quality protection, sponsoring spring cleanup day, and incorporating updates to the City’s storm
sewer map.
Halvorson stated the annual reports for 2008 have been submitted and that the next step includes
recording any public comments, preparing a response to each comment, and then submitting the annual
report to the MPCA.
White opened the public hearing at 7:14 p.m.
Mike Kuruvilla, Montessori School, asked if there would be someone available that could speak to the
students at the Montessori School to discuss how they can help keep the environment clean.
White stated he does have some brochures from the EPA that are geared towards children and that those
could be given to the students. White stated he would provide those to Staff for distribution at city hall.
McMillan stated the Minnehaha Watershed District offers educational opportunities and a grant program.
McMillan suggested Mr. Kuruvlla contact them.
White closed the public hearing at 7:17 p.m.
The City Council took no formal action on this item.
LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVE
No report was given.
PLANNING COMMISSION COMMENTS – KIM KANG, REPRESENTATIVE
Kang stated it has been a slow month for Planning Commission applications and that her first time
chairing the meeting went well.
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 2 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 3
PUBLIC COMMENTS
None
ZONING ADMINISTRATOR’S REPORT
*4. #09-3410 JACK W. SAFAR, 980 FERNDALE ROAD WEST – VARIANCE –
RESOLUTION NO. 5850
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5850, a Resolution Granting
Variances to Municipal Zoning Code Sections 78-1279, 78-1288, 78-1608(3)(c), for the Property
Located at 980 Ferndale Road West. VOTE: Ayes 5, Nays 0.
*5. #09-3412 CORTNEY SCOTT LeNEAVE ON BEHALF OF CORTNEY WAYNE
LeNEAVE, 360 WAKEFIELD ROAD – SUBDIVISION – SKETCH PLAN
Murphy moved, Bremer seconded, to table Application #09-3412, Cortney Scott LeNeave on behalf
of Cortney Wayne LeNeave, 360 Wakefield Road, to the July 27, 2009, City Council meeting at the
request of the Applicant. VOTE: Ayes 5, Nays 0.
6. APPEAL OF ZONING VIOLATION - 4450 SPRUCE WAY
Curtis stated Staff did a drive-by inspection of the property located at 4450 Spruce Way following a
complaint to the City. The property inspection confirmed that two Express Delivery trucks were parked
at the residence and the word “Express” was printed on their address marker sign.
A letter was sent to the property owner with notification that commercial use of residential property is
governed by City Code 78-1376 regarding home occupations. The office of the business may be housed
within their residence but the remaining business activity is not permitted. While the property does not
fully meet the definition of a dispatch center as listed within 78-1376, Staff feels this business falls under
the category of prohibited home occupations since the traffic level it potentially generates is similar to a
dispatch center. Mr. Frazier is appealing staff’s interpretation of the home occupation.
Curtis stated in cases where it is unclear whether a home occupation should be classed as a Level 1 or
Level 2, the zoning administrator shall make the determination, which is then subject to City Council
confirmation if requested by the operator of the home occupation. In this instance, it is unclear whether
the homeowner is operating a Level 2 business, but it is Staff’s opinion the homeowner is operating a
home business that does not qualify as either a Level 1 or a Level 2.
Council is asked to review the information provided and make a determination whether the business
qualifies as a Level I or II or should be prohibited.
Curtis stated she does have photographs available for review.
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 3 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 4
(Appeal of Zoning Violation, Continued)
Murphy asked if the City has any further details regarding the amount of Express vehicle traffic. Murphy
indicated he did visit the property today and stated there may be a confusion between stored vehicles and
vehicle traffic.
Curtis stated it is her understanding there are a number of trips made to and from the property with the
trucks.
Gary Frazier stated as it relates to the traffic, he and his girlfriend leave the property in the morning and
arrive back home in the evening. The business has been downsized considerably in the past few years.
The business has been operated for the past 14 years and that there have not been any complaints in the
past. Frazier stated they do not operate a dispatch center and have no employees coming to the property.
The traffic flow consists of two trucks leaving in the morning and coming back in the evening. The
picture of the sign in the front has been removed. The parking lot is not visible any longer unless you are
actually on the property. Frazier reiterated he has never had a problem in the past 14 years with the
neighbors.
Bremer asked if the trucks are in Mr. Frazier’s name and have always been.
Frazier indicated they are and always have been.
White noted access to this property changed with the Highway 12 improvements and that Mr. Frazier
used to have direct access to Highway 12 across the railroad tracks, which is no longer the case.
Frazier stated he did attend the meetings in 2002 or 2003 regarding home occupations and was told at that
time that the two trucks would not be an issue.
McMillan asked if there is any dispatching going on from the house.
Frazier stated there is not and that he operates from his cell phone in the truck.
Curtis stated Staff can follow up with the complaint to find out what the exact issue is.
Frazier stated the time the trucks leave can vary depending on when the first call comes in.
Murphy asked Mr. Frazier to explain how his business works.
Frazier stated it is an on call type of business and that they do not leave the residence with the trucks until
they receive a call.
Murphy asked if the trucks return back to the residence after they complete a call.
Frazier indicated the trucks stay out on the road until they are done with their calls.
Murphy stated he remembers when Mn/DOT elected to close the access to Spruce Way and Town Line
Road. Murphy stated the property between this property and Town Line was converted to a subdivision a
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 4 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 5
(Appeal of Zoning Violation, Continued)
couple of years ago and that presently there is a for sale sign for one of the properties in the subdivision.
Murphy noted this subdivision has very few houses.
Murphy asked if Mr. Frazier uses the road that goes to the cul-de-sac.
Frazier indicated he does.
Murphy stated Staff should investigate this situation further, but that he is having a hard time
understanding how these two trucks could be causing any problems in this neighborhood given the
limited number of residents.
Bremer stated in the past the City has required property owners to house their vehicles indoors and that
the City’s ordinance states if a commercial vehicle is owned, it must be parked indoors.
Frazier indicated he does have a pole building that he could park the vehicles in but that he is currently in
the process of hauling gravel in for a floor. Frazier stated he is doing it in increments due to the costs
involved.
Murphy reiterated that he finds it hard to understand how this could be causing an issue except for
possibly one house.
White pointed out that as the subdivision becomes more populated, it may become more of an issue.
Bremer stated the first issue is to determine whether the home is being used as a dispatch center where
employees are being dispatched to various sites.
Frazier stated he no longer has a dispatch center and that the vehicles are personally owned. Frazier
indicates he and his girlfriend reside in the residence and that they leave in the morning once they receive
a phone call.
Murphy asked what types of items they typically deliver.
Frazier stated they deliver mail, manufacturing parts, and printed materials. They do not deliver any
hazardous materials and all deliveries are made the same day.
Mattick indicated Staff did review this item rather thoroughly at their staff meeting and that this was
initially considered a Level II home occupation. Staff did note two areas to be targeted for cleanup,
which primarily related to storage of the vehicles indoors. As it relates to dispatch centers, one sentence
in the ordinance deals with that subject, and the code does not specifically define what constitutes a
dispatch center. Under the ordinance, the definition of a dispatch center is not contingent upon the
number of calls received, having outside employees, or the number of commercial vehicles. Mattick
stated if a strict interpretation of the ordinance is applied, it may appear to be a dispatch center since the
two people that reside in the house are being called and sent to a different location.
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 5 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 6
(Appeal of Zoning Violation, Continued)
Mattick stated Staff also looked at the alternative to a Level II home occupation and it was Staff’s
determination that if the vehicles are stored indoors, that would be a workable solution. Mattick stated
the City Council should determine whether they feel this is a true dispatch center.
White noted the two people reside in the home and that to his recollection the intent of the ordinance at
the time it was originally discussed was to prohibit outside employees from coming to the residence and
being dispatched to another site.
Gaffron stated the specific home occupations that were the impetus for the drafting of the ordinance
involved landscaping businesses, hair dressers, and a flower growing business.
McMillan noted one of the concerns raised at the time the ordinance was being initially discussed was the
number of cars that would be parked on the streets by people actually coming to the residence and the
noise that could potentially be created by the running of the trucks.
Murphy stated he does not know whether it is possible for the City to monitor the number of trips that are
made by the two trucks, but that given the low density of the neighborhood, he has a difficult time
envisioning this causing a problem. Murphy suggested the Council consider tabling the matter to see
whether some other solution could be arrived at or determine whether the language in the ordinance
should be revised.
Bremer noted this is an annual permit and that if the complaints continue, the City could look at other
options.
Murphy stated in his opinion the situation will also be improved once the vehicles are parked indoors.
McMillan commented in her opinion this is not a business that is prohibited but should probably be
classified as a Level II business.
Mattick stated due to the limited number of people involved in the business operation and the fact that
they both reside in the residence, this does not appear to be a big issue. Mattick suggested the Council
consider narrowing down the parameters of the business and limiting the number of trucks or trips to and
from the residence. If the population in the area increases, the City could look at the matter again.
Murphy asked whether there are any deliveries made to the home as part of the business.
Frazier indicated there are not.
Curtis stated if the City Council feels this is a Level 2 business, the property owners should apply for a
permit, which would require a public hearing, and that the Council could set the parameters for the
business at that time.
Murphy moved, McMillan seconded, to request Mr. Frazier apply for a Level 2 home occupancy
permit, with the understanding the two commercial vehicles will be parked indoors, and that the
City Council will consider further parameters being placed on the business following the public
hearing, and with the $100 fee being waived.
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 6 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 7
(Appeal of Zoning Violation, Continued)
Bremer stated she is not in favor of waiving the fee but would still vote in favor of the motion.
VOTE: Ayes 5, Nays 0.
MAYOR/COUNCI REPORT
Franchot reported he has heard a number of good comments about the work being done on Casco Point.
McMillan stated Sarah Wyatt from Three Rivers contacted her last week regarding the trail and that the
possibility of doing different striping for the crosswalk is not likely given the number of government
agencies that would need to be involved. The Three River police are regularly patrolling the area and
cautioning the bikers to stop before crossing the road. Wyatt indicated that Three Rivers is encountering
similar problems on other trails. McMillan noted the trail is well used.
Bremer stated the trail signage located on Shadywood is incorrect and contains typographical errors.
White suggested Bremer contact Sarah Wyatt.
Murphy noted he attended a meeting with Mn/DOT on Friday and that the schedule for overlay is to let
the job in early September, commence the work on September 28th, and finish the work in October. The
work will begin at Highway 6 on the west end and go through Orono and Long Lake to the area where the
overlay has already been completed, and then continue east of that area.
Murphy stated the work will meet ADA requirements, which will result in all crosswalks being replaced.
Murphy commented there will be some difficulties encountered by motorists and business owners since
the work will be undertaken during the day and the fact that traffic will not be detoured. Mn/DOT is also
working on replacing the temporary orange signs and that the Orono/Long Lake retail community has
agreed on the signs they would like erected. Murphy indicated the sign work will be completed by next
spring.
Kellogg stated he and Gaffron reviewed the plans this morning.
Gaffron indicated they did find six or eight minor items that need to be corrected and that he will be
following up with Mn/DOT in the morning.
Murphy reported there will be a full turning access connecting Industrial Boulevard around the Sherwin
Williams paint store.
McMillan asked if Police Chief Farniok is okay with that.
Murphy indicated in his opinion he is. Murphy noted he also requested the engineer review whether the
nose of the median piece is necessary and whether it could be shortened so it does not extend towards the
bridge any further, which would allow the motorists to make a left turn out of the Montessori School.
Kuruvilla indicated he would like to meet with someone from Mn/DOT and that he would prefer the nose
actually be eliminated totally.
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 7 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 8
CITY ENGINEER’S REPORT
Kellogg stated the Casco Point project will continue to use Dunwoody as the main access in and out this
week to allow the restoration people to complete their work. The switch will occur next week when
Casco Point will become the main access point and Dunwoody will be under construction. Kellogg noted
the paving work on Carman Street will be starting tomorrow if the weather permits. Overall the projects
have been going well.
Kellogg stated as it relates to the Myrtlewood improvements, the contractor has brought in bigger
equipment today to drill in the 12-inch pipe and that they are on schedule. Following installation of the
12-inch pipe, the 4-inch sewer pipe will be installed, which will be followed by installation of the water
pipe into the Myrtlewood area.
Kellogg reported the Stonebay boulder retaining wall that was encroaching into the wetland has also been
relocated and is basically completed.
Murphy asked who is responsible for maintaining and watering the maple trees in the Stonebay
development on Willow.
Gaffron stated to his knowledge the Orono Public Works Department has been watering the trees along
Kelley and that he will check with the Public Works Supervisor to make sure the trees on Willow are also
being watered regularly.
CITY ADMINISTRATOR’S REPORT
*7. LIQUIDATION OF FORFEITED VEHICLES
Murphy moved, Bremer seconded, to approve the liquidation of a forfeited vehicle through
Insurance Salvage in Long Lake. VOTE: Ayes 5, Nays 0.
8. MYRTLEWOOD UTILITY IMPROVEMENTS EXTENSION PROJECT ASSESSMENT
– RESOLUTION NO. 5851 AND 5852
Kellogg stated the property owner of 875 Wayzata Boulevard contacted the City approximately one
month ago and requested that water and sewer be extended to their site. The improvements for 875
Wayzata Boulevard have been incorporated into the plans. Kellogg stated he has met with the owners of
the Montessori School and 875 Wazyata Boulevard to discuss the costs associated with the project and
that they went through an analysis to divide the costs. The total cost of the project is roughly $68,000.
Both property owners have signed a waiver agreement.
Kellogg recommend the City Council approve the resolutions for the sanitary sewer and water main
connections to the two properties.
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 8 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 9
(Myrtlewood Utility Improvements Extension Project Assessment, Continued)
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5851, a Resolution Adopting the
Public Improvement and Special Assessment Agreement for 850 Wayzata Boulevard and to adopt
RESOLUTION NO. 5852, a Resolution Adopting the Public Improvement and Special Assessment
Agreement for 875 Wayzata Boulevard. VOTE: Ayes 5, Nays 0.
9. CHANGE ORDER NO. 1 – MYRTLEWOOD UTILITY IMPROVEMENTS PROJECT
McMillan moved, Franchot seconded, to approve Change Order No. 1 for the Myrtlewood Utility
Improvements Project to GM Contracting, Inc., in the amount of $52,266.26 for a total revised
contract amount of $268,040.29, subject to the City’s receipt of executed agreements with the
property owners at 850 and 875 Wayzata Boulevard West accepting responsibility for all costs
associated with Change Order No 1 including legal, engineering and administrative costs. VOTE:
Ayes 5, Nays 0.
10. REQUEST FOR ASSESSMENT OF SEWER CONNECTIONS
Gaffron stated Mike Kuruvilla from the Montessori School has requested that he be allowed to pay for the
City’s connection costs over a period of 15 years. The Orono Montesorri School could be charged
anywhere from three to seven units based on Metropolitan SAC charges and there is a potential that the
Montesorri School will be charged between $15,000 to $20,000 for those one time fees at the time of
connection. Mr. Kuruvilla is requesting that there be an assessment of those over 15 years.
Gaffron stated the City Council may want to take the following factors into consideration:
1. The City would be obligated to pay the connection charges to Wayzata at the time the property is
connected to water or sewer.
2. The exact number of SAC units has not been determined by Metropolitan Council.
3. While specially assessing the connection charges would be somewhat unusual, it is also unusual
that we are retrofitting existing developed properties with sewer and water that is subject to
another city’s connection charges. This causes somewhat of a double-whammy on the property
owner who is paying for the costs of constructing the project as well as for the use of another
City’s existing system, plus his actual costs of hiring a contractor to make the physical
connections.
4. The up-front costs to Orono are not excessive and the special assessment interest rate being
charged is favorable to the property owner as well as to the City.
5. The Metropolitan Council Environmental Services SAC Charge of $2,000 per unit would not be
specially assessed. From Staff’s perspective that is setting a dangerous precedent and the City
has not allowed the MCES SAC charges to become part of a special assessment in any past
project.
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 9 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 10
(Request for Assessment of Sewer Connections, Continued)
6. The same request has not been received from Comforts of Home.
Gaffron stated in his view this is a reasonable request given the costs to connect to both of the systems
and will not set a precedent given the unique circumstances of the situation.
Mattick stated the issue with SAC and WAC units is the cost associated with connection and that over the
years cities have typically allowed the property owners to pay the costs over a period of time rather than
up front.
Murphy asked what would happen if the Montessori School defaults.
Mattick stated as long as the taxes are paid on the property, the connection charges would also be paid. If
the taxes are not paid, the real estate would secure the fees.
Gaffron noted it may be up to six months before the exact number of SAC and WAC units are determined
by the Metropolitan Council.
Murphy moved, McMillan seconded to direct staff to proceed forward with the plan that is outlined
in the Planner’s Memorandum dated July 9, 2009, and to include those costs, once determined, in
the assessment for the Montessori School. VOTE: Ayes 5, Nays 0.
11. WAYZATA UTILITY AGREEMENT
Gaffron stated before the Council tonight is the final draft of the Amended and Restated Wayzata-Orono
Sewer and Water Agreement. This agreement combines all past Wayzata-Orono sewer and water
agreements dating back to 1970 for the various areas of Orono served by Wayzata systems and will
supersede all previous agreements.
Murphy asked what the standards are for I/I.
Gaffron indicated to his understanding it relates to Wayzata’s code sections, which are basically the same
as Orono’s.
Murphy suggested this agreement be used as a starting point in the negotiations with Long Lake.
McMillan moved, Franchot seconded, to approve the Wayzata-Orono Sewer and Water
Agreement.
Kellogg noted Staff is in the process of finalizing Exhibit D.
Gaffron stated it is expected that both cities will sign the agreement and that Wayzata will be finalizing
the map.
VOTE: Ayes 5, Nays 0.
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 10 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 11
*12. PAY REQUEST NO. 1 – STONEBAY BOULDER DRIVE WETLAND CORRECTIONS
Murphy moved, Bremer seconded, to approve Request for Payment No. 1 for the Stonebay Boulder
Drive Wetland Corrections Project, Sunram Construction, Inc., in the amount of $37,869.33.
VOTE: Ayes 5, Nays 0.
13. APPROVAL OF MOLLY’S CORNER ACCESS AGREEMENT
Gaffron stated approximately three months ago an agreement drafted by the Watershed District was
completed, which requires the City complete a variety of items. The City Attorney has reviewed the
agreement and in the last month or two, there have been some discussions back and forth regarding Item
No. 2, which says that “The City will not disturb the Project elements or make use of the Project area in a
way that is inconsistent with the maintenance and health of the Project elements.”
Staff did not feel that was reasonable to obtain written permission from MCWD to use City property, and
the City Attorney suggested eliminating the “written consent” clause but keeping the “will not disturb”
language. In addition, the City Attorney recommended that language be added clarifying that the City has
sole discretion regarding continued public use of the site.
Gaffron stated the City did receive word from the Watershed District that that language is acceptable, and
Staff is recommending that the version dated 7-9-09 be adopted.
McMillan asked whether the City twenty years from now would have the ability to change any elements
of the project.
Mattick stated twenty years from now the City can do that and that the agreement is basically for ten
years.
McMillan commented it is her understanding the City would be able to work with the Watershed District
on any issues that may arise in the first ten years.
Franchot asked if there is a reason why a sunset date is not included in the document.
Mattick indicated there is by the nature of the contract and that it follows the maintenance agreement with
Hennepin County.
McMillan moved, Franchot seconded, to adopt the 7-09-09 version of the Access Agreement for the
Molly’s Corner project. VOTE: Ayes 5, Nays 0.
CITY ATTORNEY’S REPORT
Mattick had nothing to report.
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 11 of 12]
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, July 13, 2009
7:00 o’clock p.m.
_____________________________________________________________________________________
PAGE 12
*14. LICENSES & PERMITS
ONE DAY GAMBLING – RESOLUTION NO. 5853
1. YMCA of Metropolitan Minneapolis – Ridgedale Branch (raffle)
Fundraising Event – Lakeview Golf Course
Friday, September 18, 2009
Murphy moved, Bremer seconded, to approve the above listed license and to adopt RESOLUTION
NO. 5853, a Resolution Approving the Minnesota Lawful Gambling Application for Exempt Permit
of the YMCA of Metropolitan MPLS – Ridgedale Branch for a One Day Gambling Permit.
VOTE: Ayes 5, Nays 0.
*15. BILLS
Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
ADJOURNMENT
Murphy moved, Bremer seconded, to adjourn the Orono City Council meeting at 8:31 p.m.
VOTE: Ayes 5, Nays 0.
ATTEST:
___________________________________ _______________________________________
Linda S. Vee, City Clerk James M. White, Mayor
Item #02 - CC Agenda - 07/27/09
Approval of Council Minutes 07/13/09
[Page 12 of 12]
Item #03 - CC Agenda - 07/27/09
Hennepin County Commissioner Jeff Johnson [Page 1 of 3]
Item #03 - CC Agenda - 07/27/09
Hennepin County Commissioner Jeff Johnson [Page 2 of 3]
Item #03 - CC Agenda - 07/27/09
Hennepin County Commissioner Jeff Johnson [Page 3 of 3]
Item #04 - CC Agenda - 07/27/09
Fiber-to-the-Home Network, Lake Mtka Communications Commission
[Page 1 of 3]
Item #04 - CC Agenda - 07/27/09
Fiber-to-the-Home Network, Lake Mtka Communications Commission
[Page 2 of 3]
Item #04 - CC Agenda - 07/27/09
Fiber-to-the-Home Network, Lake Mtka Communications Commission
[Page 3 of 3]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #05 - CC Agenda - 07/27/09
File #09-3412 [Total Pages 20]
Item #06 - CC Agenda - 07/27/09
Accept Donation from Terry Post [Page 1 of 2]
Item #06 - CC Agenda - 07/27/09
Accept Donation from Terry Post [Page 2 of 2]
Item #07 - CC Agenda - 07/27/09
Accept Donation from Gear West [Page 1 of 4]
Item #07 - CC Agenda - 07/27/09
Accept Donation from Gear West [Page 2 of 4]
Item #07 - CC Agenda - 07/27/09
Accept Donation from Gear West [Page 3 of 4]
Item #07 - CC Agenda - 07/27/09
Accept Donation from Gear West [Page 4 of 4]
Item #08 - CC Agenda - 07/27/09
National Night Out 2009 [Page 1 of 2]
Item #08 - CC Agenda - 07/27/09
National Night Out 2009 [Page 2 of 2]
Item #09 - CC Agenda - 07/27/09
Appointment of Representative to Lake Mtka Communications Commission
[Page 1 of 1]
Item #10 - CC Agenda - 07/27/09
Phone Line Agreement [Page 1 of 7]
Item #10 - CC Agenda - 07/27/09
Phone Line Agreement [Page 2 of 7]
Item #10 - CC Agenda - 07/27/09
Phone Line Agreement [Page 3 of 7]
Item #10 - CC Agenda - 07/27/09
Phone Line Agreement [Page 4 of 7]
Item #10 - CC Agenda - 07/27/09
Phone Line Agreement [Page 5 of 7]
Item #10 - CC Agenda - 07/27/09
Phone Line Agreement [Page 6 of 7]
Item #10 - CC Agenda - 07/27/09
Phone Line Agreement [Page 7 of 7]
Item #11 - CC Agenda - 07/27/09
Approve Rehabilitation of Lift Station #23 at 3022 North Shore Dr
[Page 1 of 6]
Item #11 - CC Agenda - 07/27/09
Approve Rehabilitation of Lift Station #23 at 3022 North Shore Dr
[Page 2 of 6]
Item #11 - CC Agenda - 07/27/09
Approve Rehabilitation of Lift Station #23 at 3022 North Shore Dr
[Page 3 of 6]
Item #11 - CC Agenda - 07/27/09
Approve Rehabilitation of Lift Station #23 at 3022 North Shore Dr
[Page 4 of 6]
Item #11 - CC Agenda - 07/27/09
Approve Rehabilitation of Lift Station #23 at 3022 North Shore Dr
[Page 5 of 6]
Item #11 - CC Agenda - 07/27/09
Approve Rehabilitation of Lift Station #23 at 3022 North Shore Dr
[Page 6 of 6]
Item #12 - CC Agenda - 07/27/09
Approve Payment for Quality Flow [Page 1 of 2]
Page 1 of 2
Item #12 - CC Agenda - 07/27/09
Approve Payment for Quality Flow [Page 2 of 2]
Page 2 of 2
Item #13 - CC Agenda - 07/27/09
Purchase Tanker 11 Apparatus [Page 1 of 3]
Item #13 - CC Agenda - 07/27/09
Purchase Tanker 11 Apparatus [Page 2 of 3]
Item #13 - CC Agenda - 07/27/09
Purchase Tanker 11 Apparatus [Page 3 of 3]
Item #14 - CC Agenda - 07/27/09
Request for Payment No. 3 - Casco Pt Reconstruction
[Page 1 of 10]
Item #14 - CC Agenda - 07/27/09
Request for Payment No. 3 - Casco Pt Reconstruction
[Page 2 of 10]
Item #14 - CC Agenda - 07/27/09
Request for Payment No. 3 - Casco Pt Reconstruction
[Page 3 of 10]
Item #14 - CC Agenda - 07/27/09
Request for Payment No. 3 - Casco Pt Reconstruction
[Page 4 of 10]
Item #14 - CC Agenda - 07/27/09
Request for Payment No. 3 - Casco Pt Reconstruction
[Page 5 of 10]
Item #14 - CC Agenda - 07/27/09
Request for Payment No. 3 - Casco Pt Reconstruction
[Page 6 of 10]
Item #14 - CC Agenda - 07/27/09
Request for Payment No. 3 - Casco Pt Reconstruction
[Page 7 of 10]
Item #14 - CC Agenda - 07/27/09
Request for Payment No. 3 - Casco Pt Reconstruction
[Page 8 of 10]
Item #14 - CC Agenda - 07/27/09
Request for Payment No. 3 - Casco Pt Reconstruction
[Page 9 of 10]
Item #14 - CC Agenda - 07/27/09
Request for Payment No. 3 - Casco Pt Reconstruction
[Page 10 of 10]
Item #15 - CC Agenda - 07/27/09
Request for Payment No. 1 - Myrtlewood Utility Improvments
[Page 1 of 5]
Item #15 - CC Agenda - 07/27/09
Request for Payment No. 1 - Myrtlewood Utility Improvments
[Page 2 of 5]
Item #15 - CC Agenda - 07/27/09
Request for Payment No. 1 - Myrtlewood Utility Improvments
[Page 3 of 5]
Item #15 - CC Agenda - 07/27/09
Request for Payment No. 1 - Myrtlewood Utility Improvments
[Page 4 of 5]
Item #15 - CC Agenda - 07/27/09
Request for Payment No. 1 - Myrtlewood Utility Improvments
[Page 5 of 5]
Item #16 - CC Agenda - 07/27/09
Licenses & Permits [Page 1 of 3]
Item #16 - CC Agenda - 07/27/09
Licenses & Permits [Page 2 of 3]
Item #16 - CC Agenda - 07/27/09
Licenses & Permits [Page 3 of 3]
Item #17 - CC Agenda - 07/27/09
Bills [Page 1 of 8]
Item #17 - CC Agenda - 07/27/09
Bills [Page 2 of 8]
Item #17 - CC Agenda - 07/27/09
Bills [Page 3 of 8]
Item #17 - CC Agenda - 07/27/09
Bills [Page 4 of 8]
Item #17 - CC Agenda - 07/27/09
Bills [Page 5 of 8]
Item #17 - CC Agenda - 07/27/09
Bills [Page 6 of 8]
Item #17 - CC Agenda - 07/27/09
Bills [Page 7 of 8]
Item #17 - CC Agenda - 07/27/09
Bills [Page 8 of 8]