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HomeMy WebLinkAbout03-10-2008 Council Packet Agenda for Council Meeting Set for Monday, March 10, 2008, 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 on the counter near the sign in sheet. Approval of Minutes * 2. Regular Council Meeting of February 25, 2008 Recognitions and Donations 3. Retirement of Police Officer Bruce Anderson – Resolution 4. Recognition of Reserve Police Officer Ted Westerdahl – Resolution Bond Sale 5. Consider the Award of the Sale of $4,500,000 General Obligation Street Reconstruction Bonds – Resolution Planning Commission Comments – Jon Schwingler, Representative Public Comments – (Limit 5 Minutes Per Person) Zoning Administrator's Report * 6. #07-3330 Dennis and Amanda Walsh, 1354 Rest Point Circle – Conditional Use Permit – Resolution * 7. #08-3340 Mark and Jennifer Prueter, 3215 Crystal Bay Road – Variance – Resolution 8. #08-3343 Strong Arm Construction Services, LLC on behalf of Amit Sela, 460 East Long Lake Road – Variance and Lot Line Rearrangement – Resolutions * 9. #08-3344 City of Orono, Big Island Park Property, 100 Big Island – Variances for Construction of Dock Landings – Resolution 10. #08-3347 Brent Teele and Amy Sullivan-Teele, 577 Park Lane – Variance – Resolution Mayor/Council Report City Engineer’s Report City Administrator's Report 11. Bid Award – Street Maintenance Materials Bid 2008 12. Appointment of 2008 Golf Course Employees Agenda for Council Meeting Set for Monday, March 10, 2008, 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 13. Licenses & Permits Special Event * 14. Bills Upcoming Issues and Events 2008 03/10 - Council Meeting, Monday, 7:00 p.m. 03/11 - Council Work Session, Tuesday, 6:15 p.m. 03/17 - Planning Commission Meeting, Tuesday, 6:00 p.m. (Council Liaison – Mayor White) 03/24 - Council Meeting, Monday, 7:00 p.m. 03/25 - Council Work Session, Tuesday, 6:15 p.m. 04/02 - Planning Commission Work Session, Wednesday, 5:30 p.m. 04/14 - Council Meeting, Monday, 7:00 p.m. 04/15 - Council Work Session, Tuesday, 6:15 p.m. 04/16 - Local Board of Appeal and Equalization, Wednesday, 7:00 p.m. 04/20 - Orono Community Event, “Keeping it Cool: Climate Change-Minnesota Impacts & Solutions, Sunday, 6:00 p.m. 04/21 - Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Dave Rahn) 04/26 - Spring Cleanup Day, Saturday, 8:00 a.m.-2:00 p.m. 04/28 - Council Meeting, Monday, 7:00 p.m. 04/29 - Council Work Session, Tuesday, 6:15 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ 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 David Rahn; City Attorney Soren Mattick. Representing Staff were City Administrator Ron Moorse, Assistant City Administrator for Long-Term Strategy Mike Gaffron, Planning and Zoning Coordinator Melanie Curtis, Planner Evelyn Turner, 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. 9, 10, and 11 were added to the Consent Agenda. McMillan moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF FEBRUARY 11, 2008 McMillan moved, Rahn seconded, to approve the minutes of the February 11, 2008 City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS – RALPH KEMPF, REPRESENTATIVE Kempf stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Dave Runkel, 2684 Casco Point Road, addressed the City Council regarding the Carman Bay 2008 Milfoil Treatment Program that was recently disseminated. The plan requires that $28,000 be raised from the approximately 127 lakeshore residents. The DNR is requiring that 50 percent of the residents approve the plan before proceeding forward. Runkel stated in his opinion the plan is not feasible. Bremer asked if Mr. Runkel was aware of the number of residents who have signed up for the program. Runkel stated he does not know the exact number but in previous years there has been 40 to 50 percent participation by the residents. Runkel indicated the DNR will be only allocating $10,000 this year towards harvesting milfoil on the three bays. A grant from the DNR and a grant from the LMCD have been received, which has reduced the required contribution by the residents down to $28,000. Runkel noted approximately $2 million has been spent on milfoil harvesting in the past with the result being an increase in the milfoil. PAGE 1 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 1 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ ZONING ADMINISTRATOR’S REPORT *3. #07-3297 CITY OF ORONO – AMEND MUNICIPAL CODE: SECTION 78-1405, NON- ENCROACHMENTS – ORDINANCE NO. 43, THIRD SERIES McMillan moved, Rahn seconded, to adopt ORDINANCE NO. 43, THIRD SERIES, an Ordinance Amending Chapter 78 of the Orono Municipal Code by Amending Section 78-1405, Non-encroachments Regarding Eaves, Gutters and Off Street Parking. VOTE: Ayes 5, Nays 0. 4. #08-3340 MARK AND JENNIFER PRUETER, 3215 CRYSTAL BAY ROAD – VARIANCE Mark Prueter, Applicant, was present. Turner stated the applicants are requesting average lakeshore setback and structural coverage variances to construct an entry addition as well as revisions to the average lakeshore setback variance for the lakeside deck to add a pergola or trellis over the front deck and a side setback variance to add a fireplace and cabinetry to the east wall of the house. Turner noted the entryway does increase the structural lot coverage, with the property currently being over the 15 percent. The Planning Commission voted 6 to 1 to recommend approval of, one, the average lakeshore setback and structural coverage variances for the entry as proposed; two, approval of the revision to the average lakeshore setback to allow the addition of a pergola over the existing deck, no larger than the existing deck; three, approval of the addition of the box bay to the house, but not a setback variance. Staff recommends approval of the entry way variances and the box bay variance but not the variance for the pergola. White noted the report indicates that in the past hardcover was calculated differently. Turner indicated the discrepancy in the structural coverage number has been resolved and that the previous owners did not increase the structural coverage more than they were allowed. McMillan noted the applicant has submitted hardship statements for Items A and C but not Item B. McMillan asked whether the applicant had a hardship statement for Item B, the trellis over the existing deck. Prueter stated he had the misunderstanding that Item B would be handled through the building permit and that he was unaware the work would require a variance. McMillan noted the applicant has indicated the pergola would provide some shade and add to the appearance of the deck. Prueter indicated the pergola over the existing deck would allow a portion of their deck to be shaded and would complement the design of the deck. Prueter noted his wife is presently undergoing treatment for skin cancer. Murphy asked whether the pergola would be open or closed. PAGE 2 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 2 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (4. #08-3340 MARK AND JENNIFER PRUETER, 3215 CRYSTAL BAY ROAD, Continued) Prueter indicated it would basically be an open pergola but in his opinion would provide adequate shading due to the angle of the sun. The intent of the box bay is to allow for a gas or propane fireplace and eliminate their current chimney, which tends to allow cold air into the house. Prueter noted the area is only 24 feet wide in that area and that by constructing the box bay, it would allow them to maintain the majority of the space. White noted his heating bills were reduced following the installation of his box bay. Rahn asked whether there are any other reductions in hardcover being proposed besides removal of the poly to compensate for the added structural coverage. Turner stated the applicant was directed to reduce the hardcover down to the original number and that the added structural coverage would be going over existing hardcover. Rahn commented in his view there should be additional reductions in hardcover to offset the increase in structural coverage. Prueter indicated he did submit a proposal to remove close to 700 square feet of hardcover. The majority of it comes from the removal of poly and rock, but some decorative rock and a flagstone retaining wall would also be removed as well as a concrete pad. Rahn asked whether the driveway would be narrowed. Prueter indicated the width of the driveway would stay the same. Prueter indicated they would also be willing to remove some stone planters. Rahn stated it appears the applicant’s property already protrudes further toward the lake than the neighbors, and with the addition of the two-story entry, the massing on the lot will increase. Rahn indicated he is unclear why the entryway needs to be two stories tall. Prueter stated at the time they purchased the home, the deck was encroaching 14 to 15 feet, and at the time they renovated in 1993, the deck was reduced. The structural design of the pergola is to remain open and allow some light through it without prohibiting the neighbors’ view of the lake. Prueter indicated he does have some pictures which show the view of his yard from the neighbors. Prueter stated the design of the entryway complements the house and would allow them some room in an entryway that is very crowded at the present time. Rahn stated given the limited amount of reductions in the hardcover and the potential impact on the neighbors’ views, he has a difficult time approving the variances. Prueter distributed some photographs to the City Council illustrating different views from the neighbors’ property. Prueter noted one of his neighbors does have a guest house, which is located closer to the lake than what they are proposing. Rahn asked whether the encroachment would create a new average lakeshore setback. PAGE 3 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 3 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (4. #08-3340 MARK AND JENNIFER PRUETER, 3215 CRYSTAL BAY ROAD, Continued) Turner noted there was a variance granted to the average lakeshore setback, but in effect, since the deck is higher than six feet, it is considered structural coverage. Turner stated the deck was approved to be located forward of the average lakeshore setback in 1993. Bremer asked whether Commissioner Rahn would like to see the deck reduced in size. Rahn stated he would like to see the deck reduced somewhat and that he does not understand the need for the second floor on the entryway, which contributes to the massing. If the applicant’s intent is to increase the size of the entry, that could be accomplished without the second story. White asked whether a portion of the parking area in the front could be reduced. Turner stated in looking back at the minutes from 1993, it was noted that with the road being so narrow, some parking space was needed. Turner indicated one of the reasons why Staff did not seek a reduction in structural coverage is because there is not a small shed or other small structure that could be easily removed. Rahn asked whether the neighbors are in agreement with the project. Prueter indicated both neighbors are in agreement with the project. Prueter stated they would like the entryway to complement the house and that they feel this design does that. The design of the entryway allows them to have more open space in that area and also allows them to see who is at the door before answering the door. Murphy commented the applicant is upgrading the entire house and that the stone walls as part of the entryway help to create additional massing. Murphy indicated if the average lakeshore setback is adhered to, it would create an issue with the views of the neighbors. In addition, he does not see how the applicant will achieve shade from the pergola given the proposed design, and suggested that the applicant and his family could sit under an umbrella and achieve shade. Murphy noted the City Council has approved numerous upgrades to homes and that the proposed work will definitely improve this house. Murphy stated in his view the entryway and the pergola will block the view from the side and that the applicant should make a choice between the two. Prueter stated if the sun were located directly overhead, the pergola would have no value, but given the angle of the sun over his property, in his view the pergola will provide adequate shading from the late spring through the summer. Prueter stated they have had umbrellas in the past and that the wind has caused problems with the umbrellas. Prueter stated they are seeking a more permanent solution. McMillan commented she does not see the hardship for the pergola. Rahn stated he would be willing to allow the two-story entry if the pergola is eliminated. McMillan stated she understands the advantages of a well-designed entryway and that in her view there is a hardship for the entryway. PAGE 4 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 4 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (4. #08-3340 MARK AND JENNIFER PRUETER, 3215 CRYSTAL BAY ROAD, Continued) Murphy stated what he understands the applicant is doing is re-siding the whole home and creating some additions to it, which will help improve the appearance of the residence. Murphy indicated he is in favor of the box bay. Murphy moved, McMillan seconded, to direct Staff to draft a resolution approving Application No. 08-3340, Mark and Jennifer Prueter, 3215 Crystal Bay Road, granting of an average lakeshore setback and structural coverage variances for the entryway as proposed, and approving the addition of the box bay to the house but not a setback variance, and to deny the addition of a pergola over the existing deck. VOTE: Ayes 5, Nays 0. 5. #08-3344 CITY OF ORONO, BIG ISLAND PARK PROPERTY, 100 BIG ISLAND – VARIANCES FOR CONSTRUCTION OF DOCK LANDINGS Gaffron stated the City of Orono is requesting variance approvals to construct four 10’ x 20’ concrete dock gangway landing pads adjacent to the shoreline at the City’s Big Island Park property. The intent is to provide a suitable permanent landing area where the gangways from the proposed floating docks will discharge passengers. The concrete pads will also incorporate hardware necessary for the attachment of the gangway to the pads. The docks are intended to be seasonal floating docks and will be removed during the winter season. This project also includes a series of 4’ to 6’ sidewalks connecting the four pads, as well as rip-rapping the shoreline in the area of the pads to eliminate the potential for erosion and undermining of the pads. The Planning Commission reviewed this application at their February 19th meeting. One resident was in attendance for this application and expressed some concerns regarding the level of proposed activity at the island, security issues, and erosion concerns. The Planning Commission voted 7-0 to approve construction of two of the four pads (with docks, etc.) subject to the six conditions suggested in the staff memo. The Planning Commission felt it was critical to obtain survey data before final approval is granted to determine whether there will be filling within the floodplain that would need to be mitigated. The Planning Commission decided that it was not necessary to slope the pads backward for runoff discharge to a grassy swale or another storm water treatment facility and felt that filtration through the rip-rap will adequately function to treat the runoff from the pads. Gaffron noted the City Engineer has been requested to provide survey work as soon as possible to determine whether the proposed work will require floodplain mitigation and that the work should be completed this week. It was the feeling of the Planning Commission that if construction of the two additional pads were pursued, it would require an additional public hearing and an opportunity for additional public input into how the park is operating prior to expansion. Gaffron stated the pads consist of approximately 1400 square feet and could be reduced to some extent if necessary. The amount of hardcover being proposed for the 0-75 foot zone consists of one quarter of one percent. Gabriel Jabbour addressed the City Council regarding the proposed work on Big Island and noted that the committee’s desire is to have various improvements to the island gradually evolve over time rather PAGE 5 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 5 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (5. #08-3344 CITY OF ORONO, BIG ISLAND PARK PROPERTY, Continued) than being completed all at one time. Jabbour noted the docks have to be handicapped accessible and the City is committed to that. Jabbour noted the Planning Commission’s role in this application was to review the hardcover and the floodplain issues and that it was not within their purview to be reviewing the number of docks. Under LMCD regulations, 400 boats would be allowed to be docked on Big Island without the need for a variance. Jabbour stated the City has saved the citizens hundreds of thousands of dollars by obtaining donated services for the work and that the improvements will increase the value of the lots on Big Island. The Big Island Committee will be requesting permission to construct four docks. Jabbour expressed concern that there are mixed messages being sent by the Planning Commission that differ from the direction of the City Council and have caused some confusion. Jabbour stated Staff should have explained to the Planning Commission the scope of their review and that it did not include a review of the number of docks. Jabbour indicated he will be asking the LMCD for permission to construct four docks at their next meeting. Jabbour stated if the City Council does not want to obtain permission to construct four docks on Big Island, they will need to say so. White noted the City has gone on record asking the County for four docks and that it was not the purview of the Planning Commission to limit the number of docks to two. White stated the City would like to obtain approval for four docks up front to avoid the need to have to go through this process again and that it is possible all four docks would not be constructed. White noted it has been the long-range plan of the City that they would request permission to construct four docks on Big Island and that it was unfortunate the Planning Commission was not aware of that plan. Murphy commented he would like to see a dock constructed on Big Island and that a committee was specifically established to provide input on improvements to Big Island from a number of different quadrants that represent a wide range of interests. Murphy indicated to his understanding the committee has reviewed the proposal quite extensively. Bremer noted a representative from the Planning Commission unfortunately was not on the committee. Murphy stated since the Big Island park land has been purchased, there has been an underlying theme among some groups that the City has big plans for the island other than cleaning it up and making a few improvements. Murphy stated he routinely receives comments on how people would like to see access to Big Island as well as the improvements, and that it is unfortunate the Planning Commission was not fully apprised of the recommendations of the committee. A number of rotary clubs have indicated interest in getting the trail set up for handicap access, and there is a master plan that needs to be communicated to everyone. Murphy noted under Staff’s recommendations no formal approved action is requested at this time. Given the time constraints that the work needs to be completed in, Murphy recommended the City Council approve the application tonight. PAGE 6 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 6 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (5. #08-3344 CITY OF ORONO, BIG ISLAND PARK PROPERTY, Continued) Mattick stated the City Council can direct Staff to prepare an approval resolution and that all the requirements of the City have been met. Bremer noted she was in attendance at the Planning Commission meeting and that in her view she felt the Planning Commission had a good discussion regarding the application and that there was some concern expressed about the impact that four docks would have the island. Bremer stated it was not clear from the information given to the Planning Commission that they were not to review the number of docks and that the Planning Commission also received comment from Mike Gaffron to the effect that “I think it is a good idea to approve half and then get the second public hearing before allowing others to be built.” Bremer stated in her view the Planning Commission relies on Staff to focus them on the issues involved in an application. Bremer suggested a joint meeting with the City Council and the Big Island Committee would be beneficial and recommended that a representative from the Planning Commission be invited to attend. In essence, the Planning Commission relies on the direction of staff to know what issues need to be discussed and reviewed and that in her view the Commissioners asked a number of good questions. Bremer noted that whenever the City is the applicant, the City Council has already reviewed the work and given the go-ahead to Staff to file an application. Kempf stated the situation was rather unusual since it was coming from the City and that it was his understanding the issues were up for discussion. Kempf stated it appeared to him that the application was submitted kind of on the fly given the lack of survey information and that the Planning Commission felt they did not have enough information to be assured that the proposed work would not negatively impact the island. Kempf commented he would like to see the Minnehaha dock at Big Island but that the Planning Commission had concerns and uncertainty about what the future use of the island was going to be and the impact that four docks would have on the island. Kempf noted the resident in attendance at the meeting raised concerns regarding the wake from large boats and erosion and that he personally still questions the need for four 100 foot docks with concrete pads on Big Island and the impression that it would give as the entrance place to the island. Murphy stated information needs to be transmitted better from the committee to staff and then to the Planning Commission. Murphy noted that there are issues dealing with timing of the work that have been discussed thoroughly by the committee and that the work needs to be completed in the very near future to avoid additional costs. Jabbour stated the Planning Commission does not have the authority to limit the number of docks and that the LMCD regulates the number of docks. Jabbour recommended the hierarchy of the different organizations be explained to the Planning Commission. Jabbour asked whether the only issue that was for review by the Planning Commission was the construction of the concrete pads. Gaffron stated it was clear from Staff’s memo that the variances had to do with the concrete pads. The docks became a factor in determining how much hardcover was appropriate. PAGE 7 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 7 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (5. #08-3344 CITY OF ORONO, BIG ISLAND PARK PROPERTY, Continued) Jabbour commented a 100-foot dock is not a large dock and that there needs to be ample room in both the front and the back of the boat in order for it to dock properly. Jabbour stated the discussion regarding the number of docks will be held with the LMCD. Kempf stated he may have been unsure of the role of the Planning Commission was to play in this application, but his understanding is that the overall role of the Planning Commission in applications is to make a recommendation to the City Council and that the City Council is the ultimate authority on the issues. Kempf stated in his opinion the Planning Commission made good recommendations regarding this application and had a good discussion regarding the issues, with the Council making the final decision. McMillan noted the Planning Commission was given three variances to review and that the Planning Commission was steered away from the focus of the application by an audience member and they then started talking about the use of the docks, which would fall under a conditional use permit. McMillan noted the number of docks is not a Planning Commission issue and falls under the authority of the LMCD. McMillan commented the work on Big Island is complex given the fact that there are a number of different agencies involved and that everybody’s role in this application should have been explained better. Murphy stated this is the same fundamental issue that has arisen in the past dealing with what the role of the Planning Commission is and what the role of the City Council is. Murphy stated in his view some of the commissioners became emotionally involved in the co-op application and strayed from what really needed to be discussed. Murphy commented a majority of issues that deal with the lake tend to result in emotions becoming involved and that the Planning Commission needs to stay focused on the issues raised by Staff. McMillan moved, Rahn seconded, to direct Staff to draft an approval resolution for Application #08-3344, City of Orono, Big Island Park Property, 100 Big Island, granting of three variances for construction of four concrete pads. Gaffron stated if there are floodplain issues that need to be dealt with, possible revisions to the plan may need to be made or that issue will need to be mitigated. Murphy recommended the resolution contain language stating that a public hearing on this matter has been held. Gaffron stated that is typical language included in a resolution. VOTE: Ayes 5, Nays 0. PAGE 8 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 8 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ *6. #08-3345 CITY OF ORONO – AMEND MUNICIPAL CODE: CONDITIONAL USE PERMITS RELATED TO GUEST APARTMENTS AND PLUMBING IN ACCESSORY STRUCTURES – ORDINANCE NOS. 44 AND 45, THIRD SERIES McMillan moved, Rahn seconded, to adopt ORDINANCE NO. 44, Third Series, an Ordinance Amending Chapter 78, Article IV of the Orono City Code Concerning Permitted Uses and Conditional Uses Related to Guest Apartments. VOTE: Ayes 5, Nays 0. McMillan moved, Rahn seconded, to adopt ORDINANCE NO. 45, Third Series, an Ordinance Amending Chapter 78, Article IV of the Orono City Code Concerning Permitted Uses and Conditional Uses Related to Plumbing in Accessory Structures. VOTE: Ayes 5, Nays 0. *7. #08-3349 ORONO SCHOOLS, 685 OLD CRYSTAL BAY ROAD NORTH – CONDITIONAL USE PERMIT – RESOLUTION NO. 5725 McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5725, a Resolution Granting a Conditional Use Permit for Land Alteration Within the Shoreland Zone for the property located at 685 Old Crystal Bay Road North. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT McMillan reported the City now has 61 organic recyclers signed up. Another flyer will be sent out in the spring and then again in mid summer. McMillan noted their grant will end in December and that they plan on using the remaining funds for education. Murphy noted the MN Legislature overrode the Governor’s veto on the transportation bill and that it has been stated that there is a large backlog of projects that need to be completed. Murphy indicated he is interested in knowing whether the roundabout is one of those projects. Murphy reported that one of the gates blocking entrance to the new Highway 12 is missing and should be replaced. White noted he attended a meeting last week on the County 19 trail and that there are a number of obstacles to overcome given the location of the existing roadway and the utilities in that area. White stated information is still being gathered on this project but that there are a number of issues that will need to be resolved if this project is going to go forward. White reported he attended a seminar this morning for elected officials at the University of Minnesota regarding state funding, which was very informative. White stated cities over the world are dealing with issues relating to congestion and costs and that Minneapolis is one of the leaders in looking at options for reducing costs and computerizing the transportation systems. CITY ENGINEER’S REPORT Kellogg stated last week Wednesday he and Scott Oberaigner met with the residents of the Myrtlewood neighborhood and answered their questions regarding city sewer service. Kellogg stated the majority of the residents indicated they are in favor of city sewer. PAGE 9 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 9 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (CITY ENGINEER’S REPORT, Continued) Gaffron stated he has compiled a 20-page report on the City’s sewer system, and identified the different areas of the City that are in need of city sewer at the present time, other areas that are not in need of city sewer and other issues that should be addressed. Gaffron stated he is hopeful that by the beginning of March that report will be finalized. Kellogg noted there are approximately six neighborhoods at the present time that have shown interest in city sewer. CITY ADMINISTRATOR’S REPORT 8. AWARD BID FOR AUDIOVISUAL SYSTEM FOR THE COUNCIL CHAMBERS McMillan noted the maintenance fee totals vary and asked whether the bids cover different maintenance items. Moorse stated the bid documents set out specifically what the City would like in a maintenance agreement. Rahn asked if the plasma TV will be utilized for other purposes other than city council meetings. Moorse stated the plasma TV could also be utilized during work sessions and that the system allows laptops to be hooked up to it and Power Point presentations shown on the plasma TV. Murphy stated it is his understanding the plasma TV could also be used for training sessions. Moorse stated there will also be a digital audio recording of the Planning Commission and City Council proceedings. Bremer moved, McMillan seconded, to award the bid for the Audiovisual System for the Council Chambers to Appollo Systems, Inc., for a total project cost of $50,409.45, and to amend the Improvement and Equipment Outlay Fund budget to reflect the expenditure. VOTE: Ayes 5, Nays 0. *9. CALL FOR BOND SALE – STREET RECONSTRUCTION PLAN – RESOLUTION NO. 5726 McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5726, a Resolution Providing for the Sale of $4,500,000 General Obligation Street Reconstruction Bonds, Series 2008A. VOTE: Ayes 5, Nays 0. *10. DONATED MEDICAL LEAVE POLICY – RESOLUTION NO. 5727 McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5727, a Resolution Approving a Donated Medical Leave Policy, to be Added to the City’s Personnel Policies. VOTE: Ayes 5, Nays 0. PAGE 10 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 10 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ *11. LIQUIDATION OF COMMUNITY SERVICE OFFICER VEHICLE McMillan moved, Rahn seconded, to approve the sale of a 2001 Ford F-150, VIN #2FTX18L61CA20352, through a sealed bid process, with the minimum bid being $4,500.00. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Attorney Mattick noted a letter has been received from MnDOT regarding the classification of Orono’s roads and that the City Administrator has drafted a letter in response to that. Mattick suggested the City Council have one more meeting with representatives of MnDOT to see exactly where they stand on this issue and whether it can be resolved in some fashion prior to sending any letter. Mattick stated it is his understanding the Screening Board meets May 28th or 29th, and suggested the City Council decide who should attend the meeting. Mattick suggested the Mayor attend along with at least one other council member. Mattick stated following his review of the materials concerning this issue, it is his impression that MnDOT has focused on the issue relating to the calculation of city streets and the fact that some of the City’s roads are termed private roads. Mattick noted there is no definition of city streets in the statutes and that he has been unable to find any case law dealing with the definition of a city street as it relates to this situation. Mattick noted MnDOT is required by the applicable statute to produce rules on how to govern the process, and within those rules is a definition on city streets. The rule says any street which is under the City’s jurisdiction is considered a city street. Mattick noted the City has retained jurisdiction over all of their private roads within their easement documents and that in his opinion this issue needs to be discussed further. Murphy asked which MnDOT representatives Mattick is suggesting the City meet with. Mattick stated the primary person the City has been discussing this issue with is Julie Skallman but that she is not the ultimate decider of the issue. Murphy stated he is in favor of sitting down with MnDOT before sending another letter but that there are a large number of people at MnDOT who report directly to the Commissioner and only a handful of people that actually make the policies. Murphy indicated he has previously discussed this issue with Senator Gen Olson and that he would recommend the City develop a list of bullet points of what has transpired and then discuss this issue thoroughly with Senator Olson. White indicated he is in favor of meeting with MnDOT and also with discussing the issue with Senator Olson. Moorse noted the City is not aware of when the special subcommittee is meeting and they will need to find out that information. Murphy stated the definition of city streets and how it relates to funding should also be discussed. Bremer indicated she also is in agreement with the recommendation of Attorney Mattick. PAGE 11 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 11 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 25, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (CITY ATTORNEY’S REPORT, Continued) Mattick stated he would compile a chronology of events on this issue for council review. It was the consensus of the City Council to schedule a meeting with MnDOT and to discuss this matter further at their next work session. *12. LICENSES & PERMITS None *13. BILLS McMillan moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Mayor White adjourned the meeting at 9:03 p.m. ATTEST: ______________________________________ _____________________________________ Linda S. Vee, City Clerk James M. White, Mayor PAGE 12 of 12 Item #02 - CC Agenda - 03/10/08 Approval of Coucil Minutes 02/25/08 [Page 12 of 12] Item #03 - CC Agenda - 03/10/08 Retire of Police Officer Bruce Anderson [Page 1 of 3] Item #03 - CC Agenda - 03/10/08 Retire of Police Officer Bruce Anderson [Page 2 of 3] Item #03 - CC Agenda - 03/10/08 Retire of Police Officer Bruce Anderson [Page 3 of 3] Item #04 - CC Agenda - 03/10/08 Recognition of Reserve Police Officer Ted Westerdahl [Page 1 of 3] Item #04 - CC Agenda - 03/10/08 Recognition of Reserve Police Officer Ted Westerdahl [Page 2 of 3] Item #04 - CC Agenda - 03/10/08 Recognition of Reserve Police Officer Ted Westerdahl [Page 3 of 3] Item #05 - CC Agenda - 03/10/08 Award the Sale of General Obligation Street Reconstruction Bonds [Page 1 of 15] Item #05 - CC Agenda - 03/10/08 Award the Sale of General Obligation Street Reconstruction Bonds [Page 2 of 15] Item #05 - CC Agenda - 03/10/08 Award the Sale of General Obligation Street Reconstruction Bonds [Page 3 of 15] Item #05 - 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