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HomeMy WebLinkAbout06-09-2008 Council Packet Agenda for Council Meeting Set for Monday, June 9, 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 in the lobby near the sign in sheet. Approval of Minutes * 2. Regular Council Meeting of May 27, 2008 Public Hearing – 7:00 P.M. 3. Annual Public Hearing for NPDES Phase II Storm Water Permit LMCD Report – Andrew McDermott, Representative Planning Commission Comments – Tess Rice, Representative Public Comments – (Limit 5 Minutes Per Person) Zoning Administrator's Report * 4. #07-3299 Lowe/Benedict, 25 and 105 Orono Orchard Road North – Rescind Boundary Rearrangement – Resolution * 5. #08-3359 Herb Baldwin on behalf of David & Betsy Weyerhaeuser, 1540 Fox Street – Conditional Use Permit – Resolution 6. #08-3360 Bob Ritter with Berkshire Partners, LLP, 2745 Kelley Parkway – Commercial Site Plan Review Mayor/Council Report City Engineer’s Report 7. City of Orono – Code Amendment Changes on Erosion Control – Review Ordinance City Administrator's Report 8. 2008 Budget Adjustments 9. 2007 Interfund Loan 10. Appointment of IT Technician Agenda for Council Meeting Set for Monday, June 9, 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 * 11. Licenses & Permits * 12. Bills Upcoming Issues and Events 2008 06/09 – Council Meeting, Monday, 7:00 p.m. 06/10 – Council Work Session, Tuesday, 6:15 p.m. 06/10 – Environmental Summer Series-Class #2, Tuesday, 6:30 p.m. at Gray Freshwater Center 06/16 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Lili McMillan) 06/23 – Council Meeting, Monday, 7:00 p.m. 06/24 – Council Work Session, Tuesday, 6:15 p.m. 07/02 – Planning Commission Work Session, Wednesday, 5:30 p.m. 07/04 – HOLIDAY, Friday, Observance of Independence Day 07/14 – Council Meeting, Monday, 7:00 p.m. 07/15 – Council Work Session, Tuesday, 6:15 p.m. 07/15 – Environmental Summer Series-Class #3, Tuesday, 6:30 p.m. at Gray Freshwater Center 07/21 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Cynthia Bremer) 07/28 – Council Meeting, Monday, 7:00 p.m. 07/29 – Council Work Session, Tuesday, 6:15 p.m. 08/12 – Environmental Summer Series-Class #4, Tuesday, 6:30 p.m. at Gray Freshwater Center MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 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. Representing Staff were Interim City Administrator Jay Kiedrowski, Finance Director Ron Olson, Assistant City Administrator for Long-Term Strategy Mike Gaffron, 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. 5 through 9 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 MAY 12, 2008 Murphy moved, Bremer seconded, to approve the minutes of the May 12, 2008, City Council meeting as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. FUNDING FOR GILLESPIE CENTER, DONNA SMITH Donna Smith, Gillespie Center, addressed the Orono City Council regarding a funding request for the Gillespie Center located in Mound. Smith noted Council Member Rahn attended the past mayors meeting held in April and that additional information has been sent to each of the council members via e-mail. Smith distributed an informational handout on the Gillespie Center. Spring Park and Mound have approved their funding request and they will be meeting with the Minnetrista City Council on June 9th. White requested a representative from the Gillespie Center cover the funding request. Skip Johnson, Board of Director, stated the goal of the funding request is to enable the Gillespie Center to become self-funded by creating a $3 million endowment fund, which would then pay the center four percent per year of the value of the fund. The Cities of Mound and Spring Park have entered into a contract for services and also allows the center to continue their fundraising for the endowment fund. Private donations in the amount of $350,000 have been received to date. The center is able to function primarily as a result of their volunteers. PAGE 1 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 1 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (3. FUNDING FOR GILLESPIE CENTER, DONNA SMITH, Continued) McMillan requested the services provided by the Gillespie Center be covered. Smith noted their Dial-a-Ride bus service has been decreased to two days a week, which was a result of Senior Community Services losing their contract with Metropolitan Transit. The last Meals on Wheels lunch prepared at the center was on February 1, 2008, and the lunch program has since been moved to Presbyterian Homes in Spring Park. The Gillespie Center continues to run the SCS program for 12 Long Lake residents. The transfer of the meals program to Presbyterian Homes resulted in the loss of their part-time cook, but volunteers on Wednesdays and Fridays are making homemade meals. In the near future the center hopes to use their own kitchen to prepare meals the other days of the week utilizing the services of their own cook. A part-time custodian is also employed. In addition to serving some meals at the center, the facility is also available for use by other community groups. Smith noted the veterans used the room for the Memorial Day ceremony. Also available is a bakery where residents may purchase discounted bakery items from Cub Foods. The center is also now open on Saturday mornings where they used to be open Monday through Friday from 8:00 to 4:00. Smith stated the contractual agreement that was recently signed with Mound and Spring Park is basically the same one that was brought before the Orono City Council last year. Representatives from the center attended 12 council meetings last summer and the center has decided to focus their efforts for obtaining financing on the four cities that receive the majority of the services. Smith noted you do not need to be a member of the center in order to receive services and that the center is basically a community center. McMillan asked what the future of the Gillespie Center would be if it is funded to the extent that they would like to see. Johnson stated they provide a number of services for seniors, including trips, hobbies, card playing and other recreational activities. The center does not have a swimming pool but can be utilized for meetings, weddings, and other community events. Rental income does help offset some of the costs and the facility is viewed as an all-purpose building. Harold Pellett addressed the City Council, stating that a loss of funding could result in the loss of the facility, which would be very difficult to regain. Pellett stated with the center being open on Saturday, more working people could participate in the activities. Popular programs include the preschool program, Santa’s Hidden Treasures, and other programs offered during Homecoming Week. A few of the goals include offering more programs to the residents who work, additional hours of operation, and enhancing existing services for the seniors. Pellett noted the facility was bought and paid for by the residents in the community and not from tax dollars. Pellett requested the City Council give serious consideration to funding the center. Murphy stated he personally has no question in his mind about the value of the Gillespie Center to the citizens who utilize the facility and that there are a large number of people who are dedicated to making the facility a success. Murphy expressed a concern that the Gillespie Center might be straying too far from their central theme, which may cause problems in the future. Murphy asked what the relationship is between Senior Community Services and the Gillespie Center. Murphy noted a year ago there were some concerns expressed that the SCS would still be a viable PAGE 2 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 2 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (3. FUNDING FOR GILLESPIE CENTER, DONNA SMITH, Continued) service in the future and that the City of Orono agreed to increase its contribution to $20,000 last year. Murphy asked where the $20,000 was spent, and if the city contributes to the new format, what would happen with the $20,000. Murphy stated given the estimated 5000 residents west and south of Highway 84, at $6 per resident, the City would be contributing $30,000. Murphy stated 5000 residents would be approximately 75 percent of the population in Orono, and questioned whether an accurate figure should be obtained from the Census Bureau. Johnson stated the population number was an estimate but that they could get an accurate count from the Census Bureau. Johnson indicated the Gillespie Center is here to work with the City and its residents, and given the value that the Gillespie Center brings to the community, they felt it was a fair number. Ben Withart, Senior Community Services, stated the association is still viable even though they have lost the Dial-A-Ride service. Withart noted they have retained three of their vehicles, with two of the vehicles servicing the City of Orono. The center has retained its Meals on Wheels program but closed down their dining center in an effort to reduce costs. In response to the closing of the kitchen, volunteers have come forward and are now cooking homemade meals, which has had good participation. Withart stated they are continuing the same level of meal service that they have offered in the past. Withart stated the Gillespie Center did hit a low point a couple of years ago but that the center is now growing and they are attempting to reach more of the seniors who are still working by being opening additional hours on Saturday and during the week. Withart stated the main focus is the senior center and that they view it as a partnership between two nonprofit associations to serve the seniors in this area. Withart stated the estimated population number was an attempt to give some rationalization behind the numbers and that the primary cities receiving services are Mound, Spring Park, Orono, and Minnetrista. If an agreement is entered into, SCS would continue to serve Orono as they have in the past. Murphy asked what the exact amount of funding the Gillespie Center is requesting. Withart stated it is $30,000, and that it is their hope that within the next ten years, if they receive the additional funding and the endowment fund is adequately funded, they will no longer need to request funding from the city. McMillan asked how it would work with the meals program if the City contributed another $10,000. Withart stated the center director currently makes the arrangements and volunteers pick up the meals from the Presbyterian Home. Rahn asked how the funds would be funneled. Withart stated the $30,000 would be given to the Gillespie Center. Murphy asked why there are two separate organizations. PAGE 3 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 3 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (3. FUNDING FOR GILLESPIE CENTER, DONNA SMITH, Continued) Withart stated the SCS was founded in 1950 and manages seven other senior centers throughout the area. The SCS provides transportation and other types of transportation that Metropolitan Transit does not offer. The Gillespie Center Board came into being when they lost their other facility and a new facility had to be constructed. Withart stated to his knowledge this is the only senior center this size in the state of Minnesota that is run almost completely by volunteers. Bremer asked how realistic of a goal it is to raise the $3 million for the endowment fund. Bremer indicated she is currently on two nonprofit boards and that they are having great difficulty raising money for capital contributions because of the state of the economy. Bremer asked if a professional fundraising entity is being utilized. Johnson stated they are very confident that they will raise the money and that they receive money from other nonprofit entities in addition to private donations. In addition, bequests and memorials are also received. Approximately half of the amount is expected to be received from the various cities if they agree to the funding request. Johnson stated the Gillespie Center is currently solvent and that they have raised enough money the past two years to operate in the black. The center would like to get to the point where they have this endowment fund to keep them operating into the future. Bremer asked if the $3 million is raised in five years rather than ten, what would happen with the funding from the cities. Johnson stated once the $3 million is raised, the cities would no longer need to contribute. White noted the City is at the beginning of their budget process and that the Council will consider the request by the Gillespie Center during that process. White commented that unfortunately the City never has enough money to handle all of the requests but that they will be in contact with the Gillespie Center in a couple of months. McMillan noted the MN State Legislature has recently approved a property tax cap and that the Council is unsure at this time how that would impact Orono. McMillan stated they would need to take a very hard look at their budget in the upcoming months. Smith thanked the City Council for their time in considering their request. The City Council took no formal action on this item. 4. PLANNING COMMISSION COMMENTS – DICK KROEGER, Kroeger stated he had nothing to report but would be available for questions. PUBLIC COMMENTS Karen Feyo, 4055 Elm Street, thanked the City Council and Staff for their efforts on their variance application, which took over a year before it was finally approved. Feyo stated their variance was delayed for one year due to some issues relating to the water drainage and that they spent a considerable PAGE 4 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 4 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (PUBLIC COMMENTS, Continued) amount of money on their application. After their variance was approved, they received from the City a charge of $1800, which they were unaware they would incur. Feyo indicated they had an understanding that Orono has a contract with Bonestroo, who was doing the consulting work, and that the City’s engineer would have the final say. Feyo stated she spoke with Ron Moorse and asked whether everybody gets charged this extra fee. She was told it is not charged on a regular basis. Feyo indicated she then asked why they were not told about the charge upfront. Feyo stated they had three previous surveys, with two of the surveyors indicating that a new survey was not necessary since nothing had changed on the lot, but yet they were told the City required another survey. Feyo stated they did go ahead and obtain another survey. She then contacted Bonestroo and asked why they were not informed of this additional charge upfront and was told that Bonestroo’s accounting system was in disarray and they were not aware of the charge. Later someone at City Hall informed them that the City of Orono’s books were in disarray and were not aware that they should be charged. Feyo commented in her view it was a miscommunication and that the charge should be dropped. Feyo stated she was initially told by Planner Turner that the City Engineer determines whether the charge would apply but she was later told by City Engineer Kellogg that the decision to charge the fee was made by Planner Turner. Rahn stated the City would certainly be willing to look into this issue further and get back to Mrs. Feyo. Bremer stated generally there are some engineering costs that are included in the application fee but that once a certain amount is reached, there may be additional charges assessed and the charge is dependent on the amount of engineering services required. Feyo indicated she can appreciate that but that they had very little control over the situation. Feyo stated they do not feel the charge was fair and requested the council look into the matter. The City Council took no formal action on this item. ZONING ADMINISTRATOR’S REPORT 4. #03-3351 BARRY TANNER ON BEHALF OF BROOK INVESTMENT, B-1 ZONING DISTRICT – ZONING CODE AMENDMENT Barry Tanner, Applicant, was present. Turner stated the applicant is requesting the B-1 retail sales business district regulations be amended to allow bowling centers as conditional uses. The Council had requested that the Planning Commission develop conditions and criteria for commercial regulation uses. The Planning Commission discussed the topic at its May 7th work session and developed some criteria. The criteria were approved by the Planning Commission at their May 19th meeting. PAGE 5 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 5 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (4. #03-3351 BARRY TANNER ON BEHALF OF BROOK INVESTMENT, B-1 ZONING DISTRICT – ZONING CODE AMENDMENT, Continued) Bremer stated she is in agreement with the criteria developed by the Planning Commission for Items 1 and 2, but that she has a question on No. 3 regarding the serving of alcohol. Bremer asked why wine and beer consumption were recommended but liquor was not. Kroeger stated typically people like to enjoy a beer or a glass of wine while at a bowling center and that the majority of bowling centers do not serve alcohol. The Planning Commission also took a broader look at the category of commercial recreation and did not limit it to bowling alleys. Bremer stated it appears that the uses that would probably serve alcohol would be the pool, billiards, and the bowling center. Bremer asked whether the fitness center located in the Otten building is currently allowed. Gaffron stated some of the uses located in the Otten building were not contemplated within the B-6 zoning, and through the years were allowed to occur as reasonable uses but are not specifically listed in the code. Gaffron stated throughout the City there are some uses that have appeared. In some cases there were formal actions by the City Council approving those uses and in some cases they just appeared. Bremer asked if those places contacted the City and asked if they could be located there. Gaffron indicated he is not aware whether they have contacted the City. Rahn asked whether uses similar to the uses listed would also be allowed. Gaffron indicated the list could be amended if the Council felt it appropriate. Murphy asked if the City is limiting itself by listing certain uses. Mattick stated if it is not on the list, you would not be allowed to do it and that only uses that are listed would be allowed. Mattick stated there are two approaches that could be taken. One would be to keep the categories broad and the other would be to list specific uses. Murphy noted the initial application was regarding a bowling alley, and at the public hearing some of the neighbors showed up and expressed concern regarding noise, parking, etc. Murphy asked where those complaints would fit in on this application. Gaffron stated this current application is a request by the owner of a specific site but he is asking for a use to be approved for the entire district. Staff did discuss whether this should be a joint application with the city since it affects more than just his property but in the end the applicant decided to submit the application on his own. All property owners within the B-1 zoning district and 350 feet of this property were notified of the public hearing and there were residents that attended the meeting from all parts of the City. If the list is approved and the zoning code is amended, a specific application for this site would be brought back before the Planning Commission and City Council. PAGE 6 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 6 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (4. #03-3351 BARRY TANNER ON BEHALF OF BROOK INVESTMENT, B-1 ZONING DISTRICT – ZONING CODE AMENDMENT, Continued) White commented that the main issue with this site is the fact that there needs to be a number of revenue sources within the bowling center, such as food service, vending machines, and alcohol, which can create problems. Tanner noted bowling centers have operated that way for over 50 years. White stated one of the issues is the fact that the tenants above the bowling center have been told that their rents will be tripled. White expressed concern that the bowling center will be able to generate enough income to be viable. Tanner stated he does not own the building and that he is only the owner of the bowling center, which is located in the basement. McMillan moved, Rahn seconded, Application #08-3351, Barry Tanner on behalf of Brook Investment, B-1 Zoning District-Zoning Code Amendment, to direct staff to develop a code amendment based on the memorandum received from the Planning Commission. Murphy asked what the rationale is for including a swimming school, a scuba school, and an events center in the B-1 District. Turner stated the list was developed from suggestions from the Planning Commissioners and that the places selected for the list were recreational. Murphy stated he would like to understand the rationale for including some of these uses. White noted the B-1 zoning districts within the City are very small and would not allow some of these uses. Gaffron indicated it was not the intent to expand the B-1 districts and that due to the size of the properties located in the B-1 districts, some of these uses would not be allowed. Bremer stated if the City Attorney feels it is better to have a list developed, she would be in favor of a list, but that she has found over the years people’s tastes change and recommended that if the district cannot accommodate a certain use, it should be eliminated from the list. McMillan asked whether wine could also be sold. Bremer stated a liquor license would be required to sell wine or beer stronger than 3.2 beer. Turner stated if stronger beer or alcohol is served, Staff would like to see a larger food selection offered. Murphy requested that Staff give some consideration to the future advantages and disadvantages of each specific use that is listed as they draft the zoning code amendment. VOTE: Ayes 5, Nays 0. PAGE 7 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 7 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ MAYOR/COUNCIL REPORT Rahn stated he did review the pictures of the work taking place on Big Island and that the work looks great. Rahn noted the Star Tribune’s Saturday paper carried a story about the Minnehaha and Big Island. McMillan suggested the City send a representative to the upcoming LMCD meeting. McMillan indicated she has a concern regarding the amount of funding the LMCD would like to be levied and noted that the LMCD is attempting to levy $30,000 for the chemical treatment, which in her view should fall under Save the Lake. McMillan recommended a letter be sent from the City regarding that item and suggested this item be discussed further in a work session. White expressed concern that the residents on the chemically treated bays are not aware of all the regulations that should be followed and the consequences that could happen if they are not closely adhered to. White stated based on his past experience, it is doubtful the costs to treat the bays would decrease in future years. Keidrowski asked whether Staff should draft a letter regarding the LMCD levy for Council review at their upcoming work session. White requested that a letter be drafted. McMillan commented the LMCD should be more cognizant of the budget constraints that the City is under and attempt to make reasonable funding requests. CITY ENGINEER’S REPORT City Engineer Kellogg had nothing to report. CITY ADMINISTRATOR’S REPORT *5. URBAN HENNEPIN COUNTY JOINT COOPERATIVE AGREEMENT (CDBG) FOR FISCAL YEAR 2009-2011 – RESOLUTION NO. 5749 Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5749, a Resolution Authorizing the Execution of a Joint Cooperation Agreement Between the City of Orono and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in FY 2009-2011. VOTE: Ayes 5, Nays 0. *6. ACCEPT RESIGNATION OF OFFICER KIM TOEWE Murphy moved, Bremer seconded, to accept the resignation of Officer Kim Toewe effective May 25, 2008. VOTE: Ayes 5, Nays 0. PAGE 8 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 8 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ *7. POLICE OFFICER HIRING Murphy moved, Bremer seconded, to approve the hiring of Maureen Riverdahl and Erick Dyer at Step One of the L.E.L.S. Local #40 Contract, which is $21.07 per hour. Riverdahl will be senior to Dahl as she was the top candidate. VOTE: Ayes 5, Nays 0. *8. APPOINTMENT OF 2008 GOLF COURSE EMPLOYEE Murphy moved, Bremer seconded, to approve the appointment of Thomas Baurle to a seasonal position with the Golf Course, effective June 7, 2008, at a pay rate of $8.00 per hour under the applicable provisions of the PERA rules. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Mattick reported on the state aid issue, noting the screening board meets tomorrow. Based on comments made at the prescreening board level, it is likely the screening board will authorize that Orono can keep the current amount of funding with no penalty subject to the City assuming all private streets. If the City chooses not to assume the private streets, the state aid would be decreased by approximately $50,000 this year, and a $250,000 penalty would be assessed for the past five years. Staff has not calculated the costs to assume the streets. Mattick stated once the screening board makes their recommendation, Mn/DOT would then typically approve the recommendation. Murphy stated Staff should calculate the costs to not assume the private streets as well as the costs to assume the private streets. Murphy asked how Mn/DOT justifies going back five years as opposed to three years versus some other number of years. Murphy stated in his view this should be looked at state-wide to see whether other cities categorize their streets the same way. Mattick stated he is unaware of any rule that states how many years they can go back and that if the City opposes the finding, Mn/DOT may take the position that they are entitled to be compensated for every penny Mn/DOT feels has been overpaid. In the past, on other funding issues, Mn/DOT has typically gone back five years. Murphy stated in his view the City should fight this issue. Mattick stated the City of Minnetonka did indicate to the screening board that they also have private roads but that they do not count those roads in their state aid calculation. McMillan stated it was her understanding there was some documentation from the screening board stating that they would not go back in the past and penalize the city. Mattick stated they are not looking to go back as long as the City adopts the recommendation of the screening board and the City assumes full control over the private roads. Mattick stated in his opinion the City has reserved jurisdiction of the private roads in their agreements. Murphy recommended the City Council look at all the options and the costs associated with those options and then make a decision. PAGE 9 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 9 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (CITY ATTORNEY’S REPORT, Continued) Mattick reported there is a resident who will be applying for a residential kennel license that is somewhat unique in that she does not yet live in the city. Mattick noted in the past the City has only approved licenses and permits for city residents. This person is waiting to purchase the property to know whether the permit will be approved by the City. They have estimated that they can accommodate ten dogs on the 23-acre parcel. The entire lower level of the residence will be turned into a kennel/living area for the dogs. Bremer stated she is familiar with this person and that she has done a tremendous amount of work for dogs in general. Bremer indicated generally speaking she would be supportive of this license if the neighbors are informed of the permit application and that some conditions should be placed on the permit. Bremer stated a large number of the dogs would be sick and elderly, would not be outside a great deal of time, and that there is quite a bit of turnover in the dogs given their age. McMillan asked what the normal process is for a kennel license. Mattick stated typically the person would already own a residence in the city and would then make application to the city. Mattick stated he did speak with the person and that she has indicated the dogs would primarily be kept indoors. The person has also indicated that she has taken steps to speak with the neighbors and that it is her intent to create a roaming area, which would not be located next to the neighbors. Mattick stated the first issue is whether Staff can accept the application from a nonresident because the license goes to the person and not the property. White stated the license would need to be conditioned on her becoming a resident. Mattick stated the person would also like to be approved for 12 dogs and that the application will likely be before the Council at the next council meeting. Bremer asked whether Staff is familiar with a license being considered by the Council that was submitted by a nonresident. Gaffron indicated he is not aware of any such application. Murphy indicated he had recommended to City staff that the City Attorney become involved in this matter given the legal background of the person interested in applying. Mattick indicated he raised the issue because he was looking for direction from the Council on how many dogs would be allowed and whether a nonresident can apply for this type of license. White recommended the City learn from what happened up in the Hugo area and develop guidelines on who cleans up the debris, et cetera, following a disaster of that magnitude. McMillan asked what the status is on the joint powers agreement for police protection during the Republican Convention. PAGE 10 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 10 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ (CITY ATTORNEY’S REPORT, Continued) Mattick stated the agreement is currently being reviewed by the League of Minnesota Cities as it relates to coverage issues. McMillan asked if there would be any additional coverage provided to Orono from the City of St. Paul if the City enters into this joint powers agreement. Mattick stated the agreement is simply that the City of Orono would help the City of St. Paul during the Republican Convention and that additional police coverage would not be reciprocated by the City of St. Paul at some future event held in Orono. 9. LICENSES AND PERMITS FIREWORKS DISPLAY 1. Applicant: RES Specialty Pyrotechnics Location: 315 Tonkawa Road Date: Tuesday, June 3, 2008 Time: 9:30 p.m. – 10:00 p.m. SALE AND/OR STORAGE OF CONSUMER FIREWORKS 2. Applicant: Thomas Miller/Orono Petro Location: 2160 Wayzata Boulevard West Date: May 27 – December 31, 2008 Time: Monday-Friday, 6:00 a.m. – 10:00 p.m. GARBAGE HAULER 3. Allied Waste Services of the Twin Cities, LLC 9813 Flying Cloud Drive Eden Prairie, MN 55347 SPECIAL EVENT 4. Applicant: John Earling Event: Birthday party with music Location: 2165 Colin Drive Date: Saturday, May 31, 2008 Time: 6:00 p.m. – Midnight with music from 7:00 p.m. – 11:00 p.m. Murphy moved, Bremer seconded, to approve the above listed licenses. VOTE: Ayes 5, Nays 0. *10. BILLS Murphy moved, Bremer seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. PAGE 11 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 11 of 12] MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, May 27, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ ADJOURNMENT Bremer moved, McMillan seconded, to adjourn the meeting at 8:57 p.m. VOTE: Ayes 5, Nays 0. ATTEST: ___________________________________ _____________________________________ Linda S. Vee, City Clerk James M. White, Mayor PAGE 12 of 12 Item #02 - CC Agenda - 06/09/08 Approval of Council Minutes 05/27/08 [Page 12 of 12] Item #03 - CC Agenda - 06/09/08 Annual Public Hearing for NPDES Phase II Storm Water [Page 1 of 1] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - CC Agenda - 06/09/08 File #07-3299 [Total Pages 14] Item #04 - 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