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HomeMy WebLinkAbout10-27-2008 Council Packet Agenda for Council Meeting Set for Monday, October 27, 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 October 13, 2008 Public Hearing – 7:00 p.m. 3. Certification of Delinquent Utilities and General Service Fees – Resolution Presentation 4. Three Rivers Park – Dakota Rail Trail Project Update 5. Jacobs Mill Homeowners Association – Highway 12 Discussion Planning Commission Comments – Ralph Kempf, Representative Public Comments – (Limit 5 Minutes Per Person) Zoning Administrator's Report 6. #08-3367 Tom & Patty Kubalak, 2623 Casco Point Road – Variances – Resolution * 7. #08-3382 Bob Ritter on behalf of Berkshire Partners, LLP, 2745 Kelley Parkway – Final Development Plan Approval – Resolution * 8. #08-3385 Bill Robinson, 505 Willow Drive South – Final Plat – Resolution Mayor/Council Report City Engineer’s Report City Administrator's Report 9. Accept Quotations for Sewer Main Repair at Willow Drive and Elm Lane 10. Establish Date and Time for Canvassing Board Meeting 11. Service Agreement with FirstLab 12. Change Order No. 1 and Request for Payment No. 1 – TH 12 Sewer & Water Service Connections Project 13. Change Order No. 1 – Crystal Bay Business Center Water Main Improvement Project Agenda for Council Meeting Set for Monday, October 27, 2008, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us 14. Revised Request for Comprehensive Plan Extension – Resolution 15. Municipal State Aid Street Designation Revocation – Resolution City Attorney's Report 16. Licenses & Permits Kennel * 17. Bills Upcoming Issues and Events 2008 10/24 – Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 10/25 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 10/27 – Council Meeting, Monday, 7:00 p.m. 10/28 – Council Work Session, Tuesday, 6:00 p.m. 10/31 – Leaf and Grass Disposal, Friday, 9:00 a.m. - 3:00 p.m. 11/01 – Leaf and Grass Disposal, Saturday, 9:00 a.m. - 3:00 p.m. 11/01 – Absentee Voting at City Hall, Saturday, 10:00 a.m. - 3:00 p.m. 11/03 – Absentee Voting at City Hall until 5:00 p.m., Monday 11/04 – GENERAL ELECTION, Tuesday, 7:00 a.m. - 8:00 p.m. 11/05 – Planning Commission Work Session, Wednesday, 5:30 p.m. 11/10 – Council Meeting, Monday, 7:00 p.m. 11/11 – HOLIDAY, Observance of Veterans Day, Tuesday 11/12 – Council Work Session, Wednesday, 6:15 p.m. 11/17 – Planning Commission Meeting, Monday, 6:00 p.m. (Council Liaison – Lili McMillan) 11/24 – Council Meeting, Monday, 7:00 p.m. 11/25 – Council Work Session, Tuesday, 6:00 p.m. 11/27 – HOLIDAY, Observance of Thanksgiving Day 11/28 – HOLIDAY, Observance of Thanksgiving Day MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 1 of 11 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor James White, Council Members James Murphy, Cynthia Bremer, and David Rahn. Representing Staff were City Administrator William Wells, Finance Director Ron Olson, Assistant City Administrator for Long-Term Strategy Mike Gaffron, Planner Evelyn Turner, City Engineer Tom Kellogg, and Recorder Jackie Young. Council Member McMillan arrived at 7:05 p.m. Mayor White called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 6, 9, 11 through 16, and 18 through 21 were added to the Consent Agenda. Murphy moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF SEPTEMBER 22, 2008 Murphy moved, Rahn seconded, to approve the minutes of the Orono City Council meeting of September 22, 2008, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION 3. 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT – KEN MALLOY Ken Malloy, City Auditor with Malloy, Montague, Karnowski, Radosevich & Company, addressed the City Council regarding their audit of the City’s 2007 financial records and provided a brief overview of the Comprehensive Annual Financial Report. Malloy stated there were no noncompliance findings, but there were two findings relating to internal control of the City’s financial system. Malloy noted there was a delay this year in completion of the financial records, which resulted in the audit being conducted later than normal. As it relates to segregation of duties, a substantial amount of time was spent analyzing the City’s financial records and procedures and how to improve the delegation of duties and methods the City should employ to assist in the creation of accurate financial records. Murphy asked if the auditor had a recommendation as it relates to segregation of duties. Malloy noted they did compile a list of recommendations, which are outlined in the report, but that in the future the City should look at the areas where there is duplication of duties and implementing a better internal review of cash receipts, payroll and investments. Malloy noted that reconciliation of financial statements should be done monthly. Item #02 - CC Agenda - 10/27/08 Approval of Council Minutes 10/13/08 [Page 1 of 11] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 2 of 11 (3. 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT, Continued) McMillan stated the Council has been discussing updating the City’s financial software, and asked whether there is a particular type of software that the auditor would recommend. Malloy stated there are a number of different systems that are available and that he could obtain some input from their other clients on the advantages and disadvantages of the software they utilize. Malloy stated he basically would recommend a fund based accounting software. Malloy stated submission of financial data to their office should also be timelier, and noted that the information was received several months past the deadline. Malloy noted Staff was short-handed this year and that there was a turnover in Staff, which probably has contributed to some of these issues this year. Murphy asked what an out-of-state travel policy would entail. Bremer stated it would outline the costs that would be reimbursed and the personnel who could attend certain functions. Malloy stated an additional comment relates to depositing of receipts in a timely manner, and reported that a number of receipts were deposited 10 to 12 days after receipt, which should be made more current. Malloy noted that the City of Orono does not receive local government aid but that the City has a good, solid tax base, with a tax rate of 15.3 percent in 2006 and 14.3 in 2007, with the average comparable city being approximately twice that rate. Malloy stated the City’s charges for various services are higher than average, primarily due to fire and police protection services. The debt service of the City of Orono is considerably less than the average city. Malloy noted the City experienced approximately a $500,000 increase in revenues from last year but that it receives very little intergovernmental aid. Malloy stated overall the City is in good financial condition. Malloy commented that typically municipal golf courses do not operate at a profit and recommended that the City look at its options regarding the golf course and how it should be funded in the future. White noted the finance director took over the duties of the city administrator for a period of time this year, which resulted in his time being stretched rather thin. The City has now hired a full-time city administrator, which should result in the finance director being able to devote more time to his financial duties. Malloy encouraged the City to complete its financial records in an expedient manner in order to maintain proper overview of their finances. White noted the City of Orono has one of the lowest tax rates of the local cities at approximately 13 percent. McMillan acknowledged the City has had some personnel shortages, which did contribute to the issues with the finances. The City Council took no formal action on this item. Item #02 - CC Agenda - 10/27/08 Approval of Council Minutes 10/13/08 [Page 2 of 11] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 3 of 11 LMCD REPORT – ANDREW MCDERMOTT, REPRESENTATIVES McDermott reported the LMCD did hold a public hearing for quiet waters off of Cedar Point and Wayzata Bay. The Charter Boat Association requested the LMCD review this issue and the LMCD, based on their review of the issues, felt that it is likely a quiet waters area will be designated given the amount of boat traffic in that area. The Hennepin County Water Patrol reported that there are 20 special deputies, 11 in training this year, and that overall the Water Patrol donated over 4000 hours to patrolling the lakes, with a majority of those hours being spent on Lake Minnetonka. Boating while intoxicated was up 87 percent over 2007, with a 50 percent increase in verbal warnings, and three flees. The number of boat and snowmobile accidents, however, decreased. McDermott stated it was the feeling of the Water Patrol that the increase in the incidents was due to the type of people utilizing the lake changing slightly due to the increase in gas prices and the fact that they are not aware that Lake Minnetonka is heavily patrolled. McDermott reported there have been a number of changes in the rules regarding food preparation on charter boats and the weight allowed on a charter boat, which has resulted in fewer people being able to ride. In order to be profitable, 149 people are needed to make the charter boat viable and that the local charter is requesting they be allowed to increase the boat size to 22 feet wide and 90 feet in length to allow for more passengers. Currently the size of the boat is limited to 20 feet in width and 70 feet in length. McDermott noted the size changes would only apply to charter boats and not recreational boats. The LMCD has not formally agreed that the increase in size is necessary but that it is likely it will be approved in the near future. McDermott noted his appointment is up at the end of this year and requested the Council discuss whether his appointment would be continued. PLANNING COMMISSION COMMENTS – LOREN SCHOENZEIT, REPRESENTATIVE Schoenzeit stated he had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT 4. #08-3367 TOM & PATTY KUBALAK, 2623 CASCO POINT ROAD – VARIANCE Tom and Patty Kubalak, Applicants, were present. Turner stated the applicants are requesting the following: 1. To replace the detached garage with an attached garage, reducing structural coverage from 18.4 percent to 17.7 percent when the maximum allowed is 15 percent. Item #02 - CC Agenda - 10/27/08 Approval of Council Minutes 10/13/08 [Page 3 of 11] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 4 of 11 (4. #08-3367 TOM & PATTY KUBALAK, 2623 CASCO POINT ROAD, Continued) 2. To add and remove hardcover within the 75-250 foot zone resulting in 41.6 percent hardcover when 49.7 percent exists and the maximum allowed is 25 percent. 3. To change the shape of the roof over the portion of the house that is within the 10-foot setback from the north property line. 4. To add a roof and screen walls to a 4 x 6 foot portion of the deck that is within the 10-foot setback from the north property line. The Planning Commission voted 4 to 2 to recommend approval of the variances. Planning Staff would recommend approval of the variances with incorporation of a rain garden and/or impervious paving materials once the grading issues have been resolved. Turner displayed the proposed layout of the house on the lot. Turner noted the applicants are proposing 3-foot wide steps and a 16-foot wide driveway down to the street without a turn-around. Kubalak stated they had initially purchased the house with the intent of remodeling, but that due to a number of nonconformities and safety issues, they felt it would be better to construct a new residence. Kubalak pointed out areas of poly and rock that would be eliminated as well as some concrete areas they would be willing to remove. Kubalak stated they would also be willing to eliminate a flight of steps going down to the lake and that the slab in the back is for a patio. In addition, they have reduced the driveway to 16 feet in width. Kubalak stated there are some hardships associated with the property, including safety issues in accessing the road given the current location of the garage. The neighbors are in support of the project and overall the project complements the neighborhood and improves the drainage on the lot. McMillan noted the minutes reflect that the applicant indicated at the Planning Commission meeting that the house is in a deteriorated condition and asked whether steps are being taken to shore up the structure. Kubalak stated they would reduce it down to the foundation and build it back up. Kubalak pointed out the current foundation has to be replaced as well but that they would be keeping the same footprint. Patty Kubalak stated the original house was destroyed in a tornado in 1965 and that they were led to believe that it was a completely brand-new house but that it was actually built on the original foundation. Turner stated the state statute would allow them to replace what currently exists. Rahn stated it is his understanding that the state statute would not allow them to increase the height of the structure. Turner stated Orono Code would allow them to add a second story and to correct nonconformities as long as they comply with setbacks. Item #02 - CC Agenda - 10/27/08 Approval of Council Minutes 10/13/08 [Page 4 of 11] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 5 of 11 (4. #08-3367 TOM & PATTY KUBALAK, 2623 CASCO POINT ROAD, Continued) Rahn commented in his view the best thing to do would be to construct new rather than build on an old foundation. Rahn asked if the hardcover calculations within staff’s report contain the poly and rock. Turner stated they are not contained in the calculations. Rahn stated one of the issues he has is with the rear deck, which is currently considered structural coverage, and that there will be a roof added to that deck, which adds to the massing of the structure. Bremer asked whether there will be something under the rear deck. Turner indicated that is the patio that is being added on the lakeside of the building. Rahn commented the roof does not add anything to the structural coverage on paper but would increase the massing of the structure. Bremer asked if there would be a patio added under the deck. Turner stated there would be a portion of the house located under the deck. White asked if it is currently a walkout. Kubalak stated it is a walkout. McMillan asked how confident the applicants are that the drainage will be resolved with the new plan and whether there is enough room between the house and the property line to accommodate the drainage. Patty Kubalak stated they will be adding drain tile, which will help tremendously. McMillan expressed a concern that there might not be sufficient room along the side lot line for proper drainage away from the foundation. Kubalak displayed the layout of their house and the neighbor’s house to the north and pointed out that there should be ample space to accomplish the proper drainage. Kubalak noted they have experienced flooding three times and that their basement is constantly damp. Bremer asked whether they are proposing a new patio. Kubalak stated that area would be a new patio. Kubalak illustrated the patio they would be adding, which would be constructed on grade. Rahn asked if the patio is located under the existing deck. Kubalak illustrated the location of the deck and the patio. Rahn asked if that side of the house is a walkout. Item #02 - CC Agenda - 10/27/08 Approval of Council Minutes 10/13/08 [Page 5 of 11] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 6 of 11 (4. #08-3367 TOM & PATTY KUBALAK, 2623 CASCO POINT ROAD, Continued) Kubalak indicated it is a walkout. Murphy asked if the deck is located at the street level. Kubalak stated it is at street level. Bremer noted a portion of the patio would be located under the deck and that the newer portion of the patio would extend out from the deck. Kubalak illustrated the location of the enclosed screen porch. White asked whether there would be a rain garden on the property. Turner stated it would either be a rain garden or pervious pavers and that she is unsure at this time whether there is room for a rain garden. Murphy noted the hardcover would be reduced by approximately nine percent and that the permeable pavers would also help with the drainage even though no credit is given for the pavers. McMillan commented her biggest concern relates to the drainage and that she appreciates the hardships the applicants are experiencing with the runoff and flooding. Rahn asked whether the driveway could be reduced further or whether it should remain at 16 feet. Turner stated at the public hearing the neighbors raised a concern regarding the difficulty they experience parking in this area and that they felt it would be better if the driveway were actually wider than 16 feet. Bremer asked whether the applicants would be comfortable backing down the driveway. Kubalak stated once the sight lines are improved by removing the existing garage, it should not be a problem. Bremer suggested the applicants consider removing hardcover in another area in order to allow for a turnaround. Rahn asked whether the neighbors are okay with the project. Kubalak stated they are and noted that their one neighbor will also be redoing her driveway at the same time, which will also help with the drainage. Bremer commented the proposed driveway is a good improvement over what currently exists and provides for some green space. McMillan asked what the square footage of the turnaround was. Turner stated it was approximately eight feet by ten feet. Item #02 - CC Agenda - 10/27/08 Approval of Council Minutes 10/13/08 [Page 6 of 11] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 7 of 11 (4. #08-3367 TOM & PATTY KUBALAK, 2623 CASCO POINT ROAD, Continued) McMillan suggested the applicants consider adding some additional feet to the driveway to allow for a small turnaround. Kubalak stated they have seven feet from the edge of the garage door to the edge of the step, and that the garage extends beyond the house. There is approximately three feet of width where the sidewalk adjoins with the driveway. Kubalak stated they could perhaps sculpture the driveway a little bit more to help reduce the hardcover. White concurred this lot does experience some significant drainage issues and that this project would help improve that situation. McMillan asked whether they would be willing to add a reduced turnaround. Bremer stated in her view 16 feet would give the applicants sufficient room. McMillan moved, Murphy seconded, Application #08-3367, Tom and Patty Kubalak, 2623 Casco Point Road, to direct Staff to draft an approval resolution, subject to the recommendations of the City Engineer and the recommendations of the Planning Commission as it relates to mitigation of hardcover by the use of pervious pavers. VOTE: Ayes 5, Nays 0. *5. #08-3370 BARB AND KEVIN DULIN WITH J. SVEN GUSTAFSON OF STONEWOOD, LLC, 1785 CONCORDIA STREET – VARIANCES – RESOLUTION NO. 5775 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5775, a Resolution Granting a Variance to Orono Code Section 78-1288 and a Conditional Use Permit for Floodplain Rearrangement per Orono Code Section 78-1116, for the property located at 1785 Concordia Street. VOTE: Ayes 4, Nays 0. *6. #08-3377 SCOTT HOCHSTEDLER, 290 CRESTVIEW AVENUE – VARIANCE – RESOLUTION NO. 5776 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5766, a Resolution Granting Variances to Municipal Zoning Code Sections 78-305 and 78-1405(6), for the property located at 290 Crestview Avenue. VOTE: Ayes 4, Nays 0. 7. #08-3378 MICHAEL & JULIE WHITTINGTON, 1981 FAGERNESS POINT ROAD – VARIANCE Rahn moved, Bremer seconded, to table Application #08-3378, Michael and Julie Whittington, 1981 Fagerness Point Road, at the request of the applicants. VOTE: Ayes 5, Nays 0. *8. #08-3383 KERN HOPPE, 1150 WYNDMERE ROAD – FINAL PLAT – RESOLUTION NO. 5777 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5777, a Resolution Approving the Plat of Wyndmere 2nd Addition, 1150 Wyndmere Road. VOTE: Ayes 4, Nays 0. Item #02 - CC Agenda - 10/27/08 Approval of Council Minutes 10/13/08 [Page 7 of 11] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 8 of 11 *9. #05-3152 THIRD EXTENSION OF PRELIMINARY PLAT APPROVAL FOR MACKINNON HILL – RESOLUTION NO. 5778 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5778, a Resolution Granting a Third One-Year Extension to the Effective Period of Preliminary Plat Approval Established Per Resolution No. 5421, for the property located at 3500 Watertown Road. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Rahn stated he has recently read an article on the Dakota Trail and that there were differing opinions whether it should remain open during the winter months. White noted that has been discussed periodically over the years and that it was the consensus of the Council not to plow it during the winter months. McMillan stated Three Rivers did indicate in the past they would be willing to discuss that issue with the Council. Murphy reported that the Minnehaha was pulled out of the water this weekend and that 2008 was a very good year. Murphy noted they sold $25,000 worth of tickets over the website, which has helped the Minnehaha make a profit this year. Murphy noted he would not be able to attend the October Planning Commission meeting. White indicated he received a letter from Governor Pawlenty’s staff and that Mary Hill Smith, appointee to the Metropolitan Council, will be leaving in December and that applications will be taken to fill that position. White stated he would bring information on the vacancy and the application process to the work session on Tuesday. Murphy stated the new highway is tentatively scheduled to open the second or third week in November and that Mn/DOT is attempting to schedule the governor to attend the opening ceremony. CITY ENGINEER’S REPORT Kellogg had nothing to report. CITY ADMINISTRATOR’S REPORT 10. AMENDMENT TO ORONO CITY CODE REGARDING SUMP PUMP INSPECTIONS – ORDINANCE NO. 50. THIRD SERIES Murphy noted this is the second time in the past few months that the Council has considered amending its code with an amendment that would allow property owners the option to submit a letter in lieu of a city inspection. Murphy asked what recourse the City would have if, say, the City received a number of letters from plumbers stating that everything was okay and then turned out that it wasn’t. Item #02 - CC Agenda - 10/27/08 Approval of Council Minutes 10/13/08 [Page 8 of 11] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 9 of 11 (10. AMENDMENT TO ORONO CITY CODE REGARDING SUMP PUMP INSPECTIONS, Continued) Mattick stated the letter would need to be from a licensed plumber. Mattick stated it was his recommendation the code be amended due to similarities with the Little Canada code, which has recently been declared unconstitutional. Bremer commented the City could take some type of action if they find that there is one specific plumber who is certifying sump pumps incorrectly. Murphy moved, Bremer seconded, to adopt ORDINANCE NO. 50, Third Series Amending Orono City Code Concerning Sump Pump Discharges Into the Sanitary Sewer System. VOTE: Ayes 5, Nays 0. *11. AMENDMENT TO ORONO CITY CODE REGARDING LIQUOR LICENSE VIOLATION PENALTIES – ORDINANCE NO. 51, THIRD SERIES Murphy moved, Rahn seconded, to adopt ORDINANCE NO. , Third Series Amending Chapter 34, Article II, of the Orono City Code Concerning Liquor License Violation Penalties. VOTE: Ayes 4, Nays 0. *12. APPOINTMENT OF PLANNING COMMISSION MEMBER AND ALTERNATE MEMBER Murphy moved, Rahn seconded, to appoint Loren Schoenzeit to serve as Planning Commissioner with a term expiring on March 31, 2009; and Michelle Winer to serve as a Planning Commission alternate. VOTE: Ayes 4, Nays 0. *13. DISPOSAL OF PUBLIC WORKS TRUCKS Murphy moved, Rahn seconded, to approve the sale of two surplus trucks, a 1989 Chevrolet 1/2 – ton pickup and a 1996 1-ton dump truck with plow and sander from the Public Works Department through the Minneapolis Auto Auction. VOTE: Ayes 4, Nays 0. *14. DONATION TO EXCELSIOR – LAKE MINNETONKA HISTORICAL SOCIETY Murphy moved, Rahn seconded, to accept the letter of thanks from the Excelsior-Lake Minnetonka Historical Society and approve the donation for the wooden Big Island Veteran’s Campground sign. VOTE: Ayes 4, Nays 0. *15. REQUEST FOR EXTENSION OF DEADLINE FOR COMPREHENSIVE PLAN UPDATE SUBMITTAL – RESOLUTION NO. 5779 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5779, a Resolution Requesting Additional Time Within Which to Complete Comprehensive Plan “Decennial” Review Obligations. VOTE: Ayes 4, Nays 0. Item #02 - CC Agenda - 10/27/08 Approval of Council Minutes 10/13/08 [Page 9 of 11] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 10 of 11 *16. ACCEPT RESIGNATION OF FULL-TIME COMMUNITY SERVICE OFFICER Murphy moved, Rahn seconded, to accept the resignation of Ashley O’Rourke effective October 10, 2008. VOTE: Ayes 4, Nays 0. 17. HIRING OF FULL-TIME COMMUNITY SERVICE OFFICER Rahn suggested that before positions are re-filled, the Council should have a procedure to automatically review the position to see whether there should be any revisions or modifications made to the position. White recommended that Staff do that review, and if there are any recommended changes, that those could then be brought to the Council. Olson noted this was an existing position and that the community service officer performs a number of functions that the Orono Police Department would prefer not be performed by a licensed police officer. Olson noted the police officer position that was vacated two or three weeks ago has not been immediately filled but that Staff felt it was important to fill this position as soon as possible. Rahn suggested issues dealing with the filling of a vacant position be discussed at a work session rather than immediately filled. Bremer stated she does not have a concern with filling the lower paid positions without discussion by Council and that the city administrator and staff should do those reviews and make those decisions. Murphy stated given the current economic situation, it would be prudent to evaluate each position and that the Council should be mindful that the City of Orono provides services to a number of local cities who are entitled to some accountability. Bremer commented this position should be reviewed by the Police Commission. Rahn moved, Bremer seconded, to approve hiring of Jason Barnes to the position of Full-time Community Service Officer effective October 4, 2008, with a starting wage of $14.16 (Level 1, Step 1), and an increase to Level 1, Step 2, after six months, with annual step increases thereafter. VOTE: Ayes 5, Nays 0. *18. LETTER OF INTENT TO PURCHASE TACTICAL BALLISTIC VESTS Murphy moved, Rahn seconded, to approve a letter of intent to purchase four tactical ballistic vests from Tactical Solutions, Inc., for $5,356.08, with the delivery and purchasing of these vests in 2009. VOTE: Ayes 4, Nays 0. *19. AUTHORIZATION FOR DISPOSAL OF WEAPONS Murphy moved, Rahn seconded, to authorize Orono Police Department and Public Works to destroy handgun/long guns. VOTE: Ayes 4, Nays 0. Murphy moved, Rahn seconded, to approve Striecher’s to purchase weapons that have been in the police department property room for several years. VOTE: Ayes 4, Nays 0. Item #02 - CC Agenda - 10/27/08 Approval of Council Minutes 10/13/08 [Page 10 of 11] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 11 of 11 *20. AUTHORIZATION TO OBTAIN NEW DUTY WEAPONS Murphy moved, Rahn seconded, to approve the trade of 11-Berretta 96D handguns for six Smith & Wesson M&P 40’s (officer duty handguns). VOTE: Ayes 4, Nays 0. *21. ESTABLISH ABSENTEE BALLOT BOARD – RESOLUTION NO. 5780 Murphy moved, Rahn seconded, to adopt RESOLUTIO NO. 5780, a Resolution Establishing an Absentee Ballot Board for the 2008 General Election to be held November 4, 2008. VOTE: Ayes 4, Nays 0. City Administrator Wells stated he is in the process of meeting with Staff and discussing their respective roles. Wells indicated he would like to discuss the decision making process the Council goes through as it relates to various items at their next work session, and that it is his desire to help make that process more efficient by providing the Council with the necessary information prior to the Council meeting. Bremer stated she has heard a number of good comments already about City Administrator Wells and thanked him for accepting the position with the City. CITY ATTORNEY’S REPORT Mattick had nothing to report. *22. LICENSES & PERMITS None *23. BILLS Murphy moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. ADJOURNMENT Bremer moved, Rahn seconded, to adjourn the Orono City Council meeting at 8:45 p.m. VOTE: Ayes 5, Nays 0. ATTEST: ___________________________________ _____________________________________ Linda S. Vee, City Clerk James M. White, Mayor Item #02 - CC Agenda - 10/27/08 Approval of Council Minutes 10/13/08 [Page 11 of 11] Item #03 - CC Agenda - 10/27/08 Certification of Deliquent Utilities & General Service Fees [Page 1 of 4] Item #03 - CC Agenda - 10/27/08 Certification of Deliquent Utilities & General Service Fees [Page 2 of 4] Item #03 - CC Agenda - 10/27/08 Certification of Deliquent Utilities & General Service Fees [Page 3 of 4] Item #03 - CC Agenda - 10/27/08 Certification of Deliquent Utilities & General Service Fees [Page 4 of 4] Item #04 - CC Agenda - 10/27/08 Three Rivers Park - Dakota Rail Project Update [Page 1 of 1] Item #05 - CC Agenda - 10/27/08 Jacobs mill Homeowners Association Highway 12 Discussion [Page 1 of 10] Item #05 - CC Agenda - 10/27/08 Jacobs mill Homeowners Association Highway 12 Discussion [Page 2 of 10] Item #05 - CC Agenda - 10/27/08 Jacobs mill Homeowners Association Highway 12 Discussion [Page 3 of 10] Item #05 - CC Agenda - 10/27/08 Jacobs mill Homeowners Association Highway 12 Discussion [Page 4 of 10] Item #05 - CC Agenda - 10/27/08 Jacobs mill Homeowners Association Highway 12 Discussion [Page 5 of 10] Item #05 - CC Agenda - 10/27/08 Jacobs mill Homeowners Association Highway 12 Discussion [Page 6 of 10] Item #05 - CC Agenda - 10/27/08 Jacobs mill Homeowners Association Highway 12 Discussion [Page 7 of 10] Item #05 - CC Agenda - 10/27/08 Jacobs mill Homeowners Association Highway 12 Discussion [Page 8 of 10] Item #05 - CC Agenda - 10/27/08 Jacobs mill Homeowners Association Highway 12 Discussion [Page 9 of 10] Item #05 - CC Agenda - 10/27/08 Jacobs mill Homeowners Association Highway 12 Discussion [Page 10 of 10] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #06 - CC Agenda - 10/27/08 File #08-3367 [Total Pages 17] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #07 - CC Agenda - 10/27/08 File #08-3382 [Total Pages 33] Item #08 - CC Agenda - 10/27/08 File #08-3385 [Total Pages 11] Item #08 - CC Agenda - 10/27/08 File #08-3385 [Total Pages 11] Item #08 - CC Agenda - 10/27/08 File #08-3385 [Total Pages 11] Item #08 - CC Agenda - 10/27/08 File #08-3385 [Total Pages 11] Item #08 - CC Agenda - 10/27/08 File #08-3385 [Total Pages 11] Item #08 - CC Agenda - 10/27/08 File #08-3385 [Total Pages 11] Item #08 - CC Agenda - 10/27/08 File #08-3385 [Total Pages 11] Item #08 - CC Agenda - 10/27/08 File #08-3385 [Total Pages 11] Item #08 - CC Agenda - 10/27/08 File #08-3385 [Total Pages 11] Item #08 - CC Agenda - 10/27/08 File #08-3385 [Total Pages 11] Item #08 - CC Agenda - 10/27/08 File #08-3385 [Total Pages 11] Item #09 - CC Agenda - 10/27/08 Accept Quotations for Sewer Main Repair at Willow Drive & Elm Lane [Page 1 of 3] Item #09 - CC Agenda - 10/27/08 Accept Quotations for Sewer Main Repair at Willow Drive & Elm Lane [Page 2 of 3] Item #09 - CC Agenda - 10/27/08 Accept Quotations for Sewer Main Repair at Willow Drive & Elm Lane [Page 3 of 3] Item #10 - CC Agenda - 10/27/08 Establish Date & Time for Canvassing Board Meeting [Page 1 of 1] Item #11 - CC Agenda - 10/27/08 Service Agreement with FirstLab [Page 1 of 10] Item #11 - CC Agenda - 10/27/08 Service Agreement with FirstLab [Page 2 of 10] Item #11 - CC Agenda - 10/27/08 Service Agreement with FirstLab [Page 3 of 10] Item #11 - CC Agenda - 10/27/08 Service Agreement with FirstLab [Page 4 of 10] Item #11 - CC Agenda - 10/27/08 Service Agreement with FirstLab [Page 5 of 10] Item #11 - CC Agenda - 10/27/08 Service Agreement with FirstLab [Page 6 of 10] Item #11 - CC Agenda - 10/27/08 Service Agreement with FirstLab [Page 7 of 10] Item #11 - CC Agenda - 10/27/08 Service Agreement with FirstLab [Page 8 of 10] Item #11 - CC Agenda - 10/27/08 Service Agreement with FirstLab [Page 9 of 10] Item #11 - CC Agenda - 10/27/08 Service Agreement with FirstLab [Page 10 of 10] Item #12 - CC Agenda - 10/27/08 Change Order & Payment No 1 - TH 12 Sewer & Water Connections [Page 1 of 6] Item #12 - CC Agenda - 10/27/08 Change Order & Payment No 1 - TH 12 Sewer & Water Connections [Page 2 of 6] Item #12 - CC Agenda - 10/27/08 Change Order & Payment No 1 - TH 12 Sewer & Water Connections [Page 3 of 6] Item #12 - CC Agenda - 10/27/08 Change Order & Payment No 1 - TH 12 Sewer & Water Connections [Page 4 of 6] Item #12 - CC Agenda - 10/27/08 Change Order & Payment No 1 - TH 12 Sewer & Water Connections [Page 5 of 6] Item #12 - CC Agenda - 10/27/08 Change Order & Payment No 1 - TH 12 Sewer & Water Connections [Page 6 of 6] Item #13 - CC Agenda - 10/27/08 Change Order No 1 - Crystal Bay Business Ctr Water Main Improvement [Page 1 of 3] Item #13 - CC Agenda - 10/27/08 Change Order No 1 - Crystal Bay Business Ctr Water Main Improvement [Page 2 of 3] Item #13 - CC Agenda - 10/27/08 Change Order No 1 - Crystal Bay Business Ctr Water Main Improvement [Page 3 of 3] Item #14 - CC Agenda - 10/27/08 Revised Request for Comp Plan Extension [Page 1 of 5] Item #14 - CC Agenda - 10/27/08 Revised Request for Comp Plan Extension [Page 2 of 5] Item #14 - CC Agenda - 10/27/08 Revised Request for Comp Plan Extension [Page 3 of 5] Item #14 - CC Agenda - 10/27/08 Revised Request for Comp Plan Extension [Page 4 of 5] Item #14 - CC Agenda - 10/27/08 Revised Request for Comp Plan Extension [Page 5 of 5] Item #15 - CC Agenda - 10/27/08 Municipal State Aid Street Designation Revocation [Page 1 of 3] Item #15 - CC Agenda - 10/27/08 Municipal State Aid Street Designation Revocation [Page 2 of 3] Item #15 - CC Agenda - 10/27/08 Municipal State Aid Street Designation Revocation [Page 3 of 3] Item #16 - CC Agenda - 10/27/08 Licenses [Page 1 of 2] Item #16 - CC Agenda - 10/27/08 Licenses [Page 2 of 2] Item #17 - CC Agenda - 10/27/08 Bills [Page 1 of 10] Item #17 - CC Agenda - 10/27/08 Bills [Page 2 of 10] Item #17 - CC Agenda - 10/27/08 Bills [Page 3 of 10] Item #17 - CC Agenda - 10/27/08 Bills [Page 4 of 10] Item #17 - CC Agenda - 10/27/08 Bills [Page 5 of 10] Item #17 - CC Agenda - 10/27/08 Bills [Page 6 of 10] Item #17 - CC Agenda - 10/27/08 Bills [Page 7 of 10] Item #17 - CC Agenda - 10/27/08 Bills [Page 8 of 10] Item #17 - CC Agenda - 10/27/08 Bills [Page 9 of 10] Item #17 - CC Agenda - 10/27/08 Bills [Page 10 of 10]