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HomeMy WebLinkAbout12-10-2007 Council Packet PUBLIC ATTENDANCE MEETING DATE .���� �C� �D � �'COUNCIL ❑ PLANNING COMMISSION PLEASEFILLOUTTHEINFORMATIONREQUESTED ❑ PARK COMMISSION BELOW FOR OUR C1TY RECORDS. ❑ OTHER PRESENT FOR (from agenda) IV'AME (please print) ADDRESS NAME OR NUMBER ' f �. �_-� s o ���1 � �`��v.. �-�� G' 7� �- � 3a :�S s��ssz;� � , 2. ��`� ���� � � �Z�,a��„� �� �� - 3 � 3 � � �, 3. ����� � Z�� C��� � � C' ��� � �� 4. 5. 6. 7. 8. 9. 10. 11. 12 13. 14. 15. \\':\Administnitirc Suppnrt\(Porms�\Public:�t[endancen.pd Agenda for Council Meeting Set for Monday, December 10, 2007, 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 November 26, 2007 * 3. Truth in Taxation Hearing of December 3, 2007 PUBLIC HEARING - 7:00 P.M. 4. 2008 Levy Adoption Hearing - Adoption of 2008 Budget and Tax Levy a. Adopt Final 2008 Levy Collectible in 2008 - Resolution b. Adopt 2008 General Fund Budget - Resolution c. Adopt the 2008 Special Revenue Funds Budgets - Resolution Planning Commission Comments – Kim Kang, Representative Public Comments – (Limit 5 Minutes Per Person) Zoning Administrator's Report * 5. #07-3323 Structures Unlimited on behalf of Judson and Aleya Champlin, 210 Big Island – Variances – Resolution 6. #07-3324 Ann Maxfield, 4175 North Shore Drive – Variance 7. #07-3325 Gary DeSantis, 80 Wear Lane – Preliminary Plat – Resolution * 8. #07-3327 Tim Latterner with Dock & Lift, Inc. on behalf of Brad Close, 1214 Wildhurst Trail – Permanent Dock – Resolution 9. #07-3332 PRC Development Company on behalf of Stonegate Farm, Inc., 2940 Sixth Avenue North – Preliminary Plat & PRD * 10. #07-3333 Vogue Homes, Inc. on behalf of William and Susan Dunkley, 2709 Walters Port Lane – Encroachment Agreement Lydiard Avenue Beach 11. #07-3334 Kevin & Denise Reilly, 3405 High Lane – Preliminary Plat 12. #07-3336 Marc Ashton with John Terrance Homes, LLC on behalf of Mitch Cook of Central Bank and Larry Palm of LGL Real Estate Investments, StoneBay Outlot A a. Final Plat/General Development Plan Approval – Resolution b. Limited Use Permit – Resolution * 13. #07-3337 Theodore E. and Betty L. Zieman, 3045 Sussex Road – Final Plat – Resolution Agenda for Council Meeting Set for Monday, December 10, 2007, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Mayor/Council Report City Engineer’s Report City Administrator's Report 14. Dissolution of West Hennepin Recycling Commission – Resolution 15. Council Liaison to Planning Commission Meetings in 2008 16. 2008 Fee Schedule - Ordinance and Summary Ordinance for Publication 17. 2007 Interfund Transfers and Loan Payments 18. 2007 Budget Adjustments 19. Authorization to Disburse City Funds for Claims Received 20. 2008 Non-Union Compensation Adjustments – Resolution 21. Amend Vacation Accumulation Policy 22. Authorization to Purchase ID Making Equipment and Software 23. Disposal of Abandoned/Unclaimed Bicycles 24. Approve Final Payment for Fitness Room 25. Accept Donation from Lake Community Bank for Police Squad Cameras 26. Approval to Purchase Police Squad Cameras 27. Approve Disposal of VHS Camera System 28. Accept Donation of Computer from Office of Traffic Safety 29. Hire New Police Officer 30. Hire IT Technician 31. Call for Public Hearing on Capital Improvement Plan and Issuance of Bonds – Resolution 32. Call for Public Hearing on Street Reconstruction Plan and Issuance of Bonds – Resolution 33. City Streets Designation for MSA Mileage Calculation - Resolution City Attorney's Report 34. Licenses & Permits Liquor * 35. Bills Upcoming Issues and Events 2007 12/10 - Council Meeting, Monday, 7:00 p.m. 12/11 - Council Work Session, Tuesday, 6:00 p.m. 12/24 - HOLIDAY, Observance of Christmas, Monday 12/25 - HOLIDAY, Observance of Christmas, Tuesday 2008 01/01 - HOLIDAY, Tuesday, Observance of New Year’s Day 01/09 - Planning Commission Work Session, Wednesday, 5:30 p.m. 01/14 - Council Meeting, Monday, 7:00 p.m. 01/15 - Council Work Session, Tuesday, 6:15 p.m. 01/21 - HOLIDAY, Monday, Martin Luther King, Jr. Day 01/22 - Planning Commission Meeting, Tuesday, 6:00 p.m. (Council Liaison – Lili McMillan) 01/28 - Council Meeting, Monday, 7:00 p.m. 01/29 - Council Work Session, Tuesday, 6:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 1 of 32 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 o’clock p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos. 4, 7, 9, 10, 11, 13, 14, 15, and 18 were added to the Consent Agenda. Murphy moved, Rahn seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR COUNCIL MEETING OF NOVEMBER 13, 2007 Murphy moved, Rahn seconded, to approve the minutes of the Orono City Council meeting of November 13, 2007, as submitted. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS – DICK KROEGER, REPRESENTATIVE Kroeger had nothing to report but stated he would be available for questions. PUBLIC COMMENTS None Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 1 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 2 of 32 ZONING ADMINISTRATOR’S REPORT 3. #07-3310 RYAN COMPANIES US, INC., 2765 WAYZATA BOULEVARD WEST – ENCROACHMENT AGREEMENT AND FINAL PLAT – RESOLUTION NO. 5693 Genevieve McJilton, Ryan Companies, was present. Turner stated the applicants are requesting final plat approval and approval of the development agreement for the Crystal Bay Development Center and the encroachment agreement for the continued use of the right-of-way of Orono Industrial Boulevard for outdoor storage. The site plan for the buildings was reviewed approximately one year ago at the time of preliminary plat approval. The preliminary plat approval has been extended to September 10, 2008. All the necessary changes have been incorporated into the final plat. The applicant has either satisfied the other requirements for final plat approval or has agreed to satisfy them before the plat is filed. The submitted final plans are acceptable to the City Engineer; although the plans for work in the ditch along new Highway 12 and alteration of the Kenobe Pond outlet structure may need to be added, depending on Council direction. Nearly all the drainage from the development will flow to the ditch along new Highway 12, past the south end of Morrie’s property and into the storm water pond recently constructed by MnDOT just east of Morrie’s property. MnDOT and the MCWD have indicated that, at the point the impervious lot coverage on either Ryan’s property or Morrie’s property exceeds 72 percent, improvements need to be made to the ditch and the outlet structure. The development will reach this 72 percent level with construction of the last new building. It is the understanding of Staff that MnDOT is in agreement with the manner in which the ditch work is to be done. The only issue that Staff has with the proposal is when the ditch work is to be completed. Staff recommends these improvements be done with construction of the first new building, that the plans for the work be added to the final plans before the plat is released for filing, and that the MnDOT permit for the work also be obtained before the plat is released for filing. The applicant’s position is that the drainage improvements should not be required until either Ryan or Morrie’s obtains a building permit that will increase the impervious lot coverage beyond 72 percent. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 2 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 3 of 32 (#07-3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West – Continued) The site plan does call for relocating the existing access to Wayzata Boulevard to be located further east, with the possibility of a shared driveway or shared access arrangement. The applicant has applied for the permit to do this work because they have determined that it best to start with the renovation of the existing building. Initially the applicant had proposed to paint the exterior of the building to match the new building, which was approved by Council, but at the present time they are proposing to reface the building and complete the parking lot work. Staff had initially recommended requiring a shared access with Western Steel but the City Attorney advised the City lacked the authority to do that. MnDOT does not want to issue the permit for the access and it was Staff’s belief that this would not be an issue until the time the road was turned over to the County. At the present time the current access to the site is available for use but it is possible that the entrance to the existing driveway will need to remain as is for the time being. Staff recommends at this point adoption of the resolution granting final plat approval, a motion to authorize the Mayor and City Clerk to sign the Development Agreement as is or subject to minor changes, and a motion to authorize the Mayor and City Clerk to sign the encroachment agreement. If the Council would like to see major changes made to the Development Agreement, Staff would then recommend the item be tabled to December 10th. White expressed surprise that MnDOT was unaware there was not access from this lot to Old Crystal Bay Road. Turner stated part of the problem may be that the applicant was communicating more with the people responsible for the right-of-way permit and that they may not have been aware of the access issue. Turner commented that the access may need to remain where it is currently located. Murphy stated there were substantial discussions regarding access and that it was his understanding all parties had agreed there would be a shared driveway. Murphy stated there are a number of other issues along the old Highway 12 corridor that also have not been resolved and that the properties along this corridor at the present time are caught between the County and MnDOT. Hennepin County does not favor a large number of full turning accesses into these properties along Highway 12 and that it is also very doubtful that MnDOT will allow full access. Murphy stated he wants all parties to understand the Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 3 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 4 of 32 (#07-3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West – Continued) possible ramifications of proceeding forward with the project without having the access issue clearly defined. McJilton stated initially the MnDOT people did deny the permit and said that they would like to see a shared driveway arrangement. MnDOT has acknowledged that they do not like the location of the driveway but that in the future the road will belong to the County. The County has indicated they do not have an issue with the new access point. Murphy asked how the County has indicated that. McJilton indicated it is stated in a letter from the County and Staff and MnDOT have been provided with a copy of the letter. McJilton stated they are in the process of working with MnDOT and their neighbors on consolidating access. McJilton indicated they have proceeded forward with some of the building improvements but are delaying work on improvements to the site until the access issue is resolved. Ryan’s intent is to relocate the access and they anticipate doing that work next spring. Murphy recommended that Ryan obtain written documentation from both MnDOT and the County regarding the access. McJilton stated she does have it in writing from MnDOT that they will issue the permit once they have a shared driveway agreement. White stated the second issue is the ditch work and the amount of impervious lot coverage. Mattick noted Provision 9B on page seven of the Development Agreement does address the timing of the ditch work. White asked whether that refers to old Highway 12 or the new Highway 12. Turner stated in the Development Agreement the words Highway 12 refer to the new Highway 12 and the words Wayzata Boulevard refer to the current Highway 12. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 4 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 5 of 32 (#07-3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West – Continued) Kellogg stated they have worked with MnDOT to gain additional land for runoff subject to a couple of conditions. As a condition of approval, MnDOT is requiring modification of the outlet structure to protect the discharge and control the rates, and they are also requiring that the ditch be armored to help ensure that any runoff that ultimately gets to the ditch will stay in the ditch and not impact their work along the new Highway 12 corridor. Kellogg stated in his opinion the improvements that are ultimately going to have to be made should be made up front rather than down the road at some indefinite time to avoid the need for the City to monitor the hardcover on the site and then require the work. White asked how that would impact Morrie’s. Kellogg stated the breakdown of the drainage area is 70 percent this site and 30 percent Morrie’s, and that primarily the Morrie’s site drains easterly to the existing ditch and would not to have utilize the ditch in question. Murphy stated to his recollection at one time there was an issue with water draining off this property and crossing Morrie’s property in high rain situations and that the City had requested that issue be addressed. Murphy asked whether that work has been completed. Turner indicated it is her belief that would be addressed at the time of the construction of the first building. McJilton stated that would be completed with the renovation of the first building and should be completed in the spring. Murphy asked for clarification on the language concerning whether the work would be completed with the renovation of the building or construction of the first building. Murphy stated he would like to see the work completed with renovation of the first building. McJilton stated it would be done in conjunction with the renovation of the building and not construction of the first new building. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 5 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 6 of 32 (#07-3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West – Continued) Murphy indicated he is in agreement with the City Engineer that the anticipated work on the ditch be completed up front. White asked where the 72 percent figure comes from. Moorse indicated it comes from both MnDOT and the Watershed District. White stated one issue with requiring the work up front is that the applicant’s plans could change in the future and the ditch work might need to be redone. McJilton stated they are in agreement on everything except for the timing of the ditch improvements. The existing pond allows for up to 72 percent impervious and their plan calls for 85 percent. They are asking that the language in the document be modified to be triggered by the 72 percent. Both the MCWD and MnDOT have agreed to the 72 percent impervious, and that once that number is reached, they would go ahead and complete the work. McJilton commented their plans could change and they may never reach the 72 percent impervious and that they would prefer not to spend money on improvements that are not necessary. McJilton stated they do not plan to reach the 72 percent impervious on the site until the last building is constructed, which could be five years into the future, and that they would prefer the improvements be development driven. McMillan asked whether there are any other reasons for delaying the improvements outside of financial. McJilton stated they would prefer not to have to spend the money on the improvements until they are necessary. McJilton noted there are a few safeguards already in place that would help to ensure the improvements are completed at the time they are necessary. McJilton indicated she could provide a copy of the agreement with the MCWD to the City for their review and records and that the work could be included as a condition of the development agreement. At the time the building permit is applied for on the last building, they could be required to show the amount of impervious surface to the City. Rahn stated he does not want to get into a situation where the improvements are not completed but that he can understand the reasons of the applicant for wanting to delay the work. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 6 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 7 of 32 (#07-3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West – Continued) McJilton stated a condition could be added that no occupancy certificate be issued until the improvements are completed and accepted by MnDOT. Rahn stated he would like to see the improvements done at the time the building permit is issued. White commented Ryan’s requests are reasonable and that in his view the City has enough controls in place to monitor the situation. White stated in his opinion Ryan Companies is a very reputable company and will complete the work as required. Kellogg stated he does not doubt the integrity of the applicant but is recommending the improvements be completed up front to avoid the possibility that the work is forgotten or overlooked down the line. Kellogg stated the approval being requested is for 85 percent hardcover and the applicant is not required to do any ponding on the site and are able to use offsite ponding, which the City will ultimately be responsible for maintaining. McJilton stated they do recognize the benefit that they are receiving from using offsite ponding and that they are requesting to having the required ditch work be completed at the time the building permit is issued for the final building. McJilton pointed out that the Watershed District and MnDOT would also be monitoring the site in addition to the City. McMillan asked if Morrie’s elected to expand prior to the Ryan Companies, whether that would trigger anything with MnDOT and whether Morrie’s would be required to complete the ditch improvements. Kellogg stated they are only speaking of the ditch on the east/west side of the property, which is what MnDOT has focused on in terms of the 72 percent, and that there has been no discussion concerning the north/south ditch, which is the ditch more than likely that the runoff from the Morrie’s site would be diverted to. Regardless if Morrie’s discharged to either ditch, MnDOT would require improvements to the outlet structure. White asked what the costs for those improvements would be. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 7 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 8 of 32 (#07-3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West – Continued) Kellogg stated the applicant’s engineer has determined those costs would be $35,000 to $40,000 in today’s dollars. McJilton stated the costs associated with improving the outlet structure is minor and that the real costs are associated with the armoring of the ditch. McJilton stated it is their understanding that the MnDOT permit would not be issued until the improvements were completed and the costs would then need to be worked out by the property owners. Murphy asked if Ryan does not build out for five years but Morrie’s did in a way that his coverage would then be over 72 percent, what Ryan’s expectation for those costs would be what. McJilton stated in her opinion they would discuss the costs at that point with Morrie’s. Murphy asked if there have been any discussions in that regard at the present time. McJilton indicated they have not had those types of discussions. Murphy commented if the cost is only 35 to 40 thousand dollars on a project of this size, he does not know why anyone would want to assume higher costs in the future. Bremer stated in her view that is a decision that should be left to the developer and that the ditch work is not required at this point. Bremer stated in her opinion the City does have enough mechanisms in place that would ensure the improvements are completed prior to the issuance of the permits. Kellogg stated the City’s position on development in this community is that the developer needs to pay their way on improvements regardless of the benefit received by the developer. McJilton indicating they are not saying they will not pay for it but that they would like the ability to do the work at the time that it is truly needed rather than completing it in the near future when there is the possibility that the work may never be needed. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 8 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 9 of 32 (#07-3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West – Continued) McMillan stated the point raised by the City Engineer of not having to construct a storm water pond on the site is a great benefit to the developer and that there is some security in knowing that the improvements are completed prior to the last building being constructed. White commented he has a problem with requiring a contractor to complete some work that is not necessary or required at the present time, especially in light of the fact that there are agreements with a number of government agencies requiring this work is completed prior to certain permits being issued. Mattick stated Staff has scrutinized the development agreement a number of times and that the philosophy that has been followed is that once you approve the application and you approve it for 85 percent and the trigger is 72 percent, in Staff’s opinion the work should be completed in the near future. Mattick stated Staff understands the rationale for not wanting to complete the work, but that it is Staff’s feeling it should be completed up front, which is what Staff typically requires on other applications. All other issues have been discussed and resolved and this is the only issue that remains unresolved. Peter Johnson, Attorney-at-Law, appearing on behalf of Morrie’s, stated Morrie’s has had substantial discussions with Ryan on the issues that have been discussed tonight and that in his mind there is agreement on those items. Johnson stated they basically have agreements on three elements: One, access to Western Steel; two, how storm water would be diverted off their site; and three, the access road across the southern third of the property reaching Morrie’s property. Regardless of what happens with Wayzata Boulevard, Western Steel will have access to a public road one way or another so that in the future, when Morrie’s is going through their development discussions, they would not be required to provide access to Western Steel at that time. Johnson indicated he is unaware of what the status is on the cross easements with Western Steel and that they are no longer involved in discussions with Ryan on access. Johnson stated Ryan has agreed that storm water going over Morrie’s western property line would be terminated prior to full development of the site and was tied to the building they are presently renovating. Once that agreement was reached, it was Morrie’s feeling that it was then a subject between the City and Ryan. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 9 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 10 of 32 (#07-3310 Ryan Companies US, Inc., 2765 Wayzata Boulevard West – Continued) The third issue regarding the access road was that it was going to be a dedicated public road and that if Morrie’s required the road prior to the City requiring it be improved, that would be a negotiation between two private property owners. If the road was not required by Morries, then the road would be constructed at the time the City requires it. Murphy asked if it is within Morrie’s good neighborly purview, if the City agrees to the ditch work being completed in the future, whether there would be some kind of discussion or agreement on Morrie’s part for sharing in the costs. Johnson stated he is not in a position to renegotiate anything at this time on that item. Bremer commented in her view the issue is one of timing and the City usually has different timing requirements like this on other applications and that the request of the applicant is not unusual. Murphy asked whether construction of the first new building is different from the renovation that is presently being completed on the existing building. Turner stated they are different and that renovation of the existing building is currently underway. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5693, a Resolution Approving the Plat of Crystal Bay Business Center, subject to the ditch improvements being completed in conjunction with the construction of the first new building as recommended by Staff. VOTE: Ayes 3, Nays 2, Bremer and White opposed. McMillan moved, Murphy seconded, to authorize the Mayor and City Clerk to sign the Development Agreement between the City of Orono and Ryan Companies US, Inc. VOTE: Ayes 5, Nays 0. Bremer moved, Rahn seconded, to authorize the Mayor and City Clerk to sign the encroachment agreement between the City of Orono and Ryan Companies US, Inc. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 10 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 11 of 32 *4. #07-3317 DAN HESSBURG WITH HESSBURG HOMES, 774 TONKAWA ROAD, AFTER-THE-FACT VARIANCE – RESOLUTION NO. 5694 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5694, a Resolution Granting Variances for the Property Located at 774 Tonkawa Road. VOTE: Ayes 5, Nays 0. *5. #07-3322 ROBERT AND JORDANNA WILLIAMS, 845 WILLOW DRIVE SOUTH – VARIANCE – RESOLUTION NO. 5695 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5695, a Resolution Granting Variances for the Property Located at 845 Willow Drive South. VOTE: Ayes 5, Nays 0. 6. #07-3323 STRUCTURES UNLIMITED ON BEHALF OF JUDSON AND ALEYA CHAMPLIN, 210 BIG ISLAND – VARIANCES Ross Langhans, Structures Unlimited, and Judson and Aleya Champlin, Applicants, were present. Turner stated the applicants are requesting lakeshore setback and hardcover variances to construct an addition to the rear of the existing seasonal dwelling as well as add a second story to it. A foundation type variance is requested to allow the addition to be constructed on post footings rather than a perimeter foundation. The retaining wall portion of this application was approved by Council on November 13, 2007. This portion of the application was delayed because the applicants were out of the country and they wished to be present when this portion of the application was heard by the Council. At their October meeting, the Planning Commission voted 6 to 0 to recommend approval of the variances subject to the pitch of the roof being reduced to 10:12 and a landscaping plan for screening being submitted for Staff review prior to the City Council meeting. Rather than reduce the roof height, the applicant has reduced the height of the side walls ten inches. This is the same amount the reduction in roof pitch would have reduced the peak height. The applicant also increased the roof overhang to two feet, which lowered the height of the eave line slightly. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 11 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 12 of 32 (#07-3323 Structures Unlimited On Behalf of Judson and Aleya, Continued) The applicant has revised the grading plan to add rain gardens to catch roof drainage. Shrubs are proposed along the front of the cabin. Staff thought it best to not submit the revised grading plan to the City Engineer for review or ask for a detailed planting plan until direction had been received from Council regarding the variances. Staff is concerned that the Planning Commission did not understand what the impact of the reduction in roof pitch would be. In Staff’s opinion, this change is minimal and barely noticeable. To achieve a significant reduction in roof mass, additional changes to the roof, such as eliminating dormers, further reducing the height of the sidewalls or decreasing roof pitch, would need to be done. Staff had recommended two additional conditions that the Planning Commission did not clearly address. One, the exterior of the structure (including the roof) is made darker earth tones with the crawl space enclosed in the same color materials as the upper portion of the structure. Two, the lakeshore buffer for 75 percent of the shoreline. The applicant is willing to accept the first condition. The second condition was not specifically discussed. Given the length of the shoreline, Staff thought some lakeshore buffer would be appropriate, perhaps along the back of the lagoon at the base of the slope and on the side of the lagoon away from the house. Murphy asked whether the second picture does not include the lowering of the side walls or extending the eave. Langhans stated the picture does include those revisions. Bremer stated she would be recuzing herself from this application because she is personally familiar with Aleya Champlin. Langhans stated the picture is a rendered drawing and is the proposed building as depicted in the blueprints before the Council. The rendering actually makes the building appear larger than what it really will be in actuality. The scale of the second drawing is slightly larger than actual but it does depict the structure with more earth tones. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 12 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 13 of 32 (#07-3323 Structures Unlimited On Behalf of Judson and Aleya, Continued) Langhans indicated the foundation variance is really a moot point and the issue is the lakeshore setback and hardcover variances. The height of the original structure did not require a variance but they have reduced the height of the structure. The structure is a story and a half, the floor trusses are 18 inches, with a two and a half foot knee wall at the short point, and four feet in, the ceiling height is 5’/11”, which gives them some livable space in that area. Langhans pointed out that the more the pitch of the roof is dropped, the less living space that is available. Murphy stated he is in agreement with the idea of dropping the knee walls and extending the eaves. Rahn asked what they are doing with the foundation and whether the foundation would be replaced. Langhans stated the existing footings were two feet deep and were replaced this past summer. Rahn asked if this is a project that is slowly evolving or whether they have always envisioned this type of project from the start. Rahn stated the methodology of the project seems backwards. Langhans stated the design of the house before the Council is utilizing the existing footing type and foundation type. Rahn asked if all the footings would be replaced. Langhans indicated they would be but that they are pier footings. Rahn commented in his view the foundation is basically being replaced. Rahn asked if the first floor cap would be saved. Langhans stated there are concrete piers in the ground, which a large number have been replaced. The exterior first floor walls will stay, with the interior walls being removed. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 13 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 14 of 32 (#07-3323 Structures Unlimited On Behalf of Judson and Aleya, Continued) Rahn stated in his view the applicants are taking a 600 square foot cabin and they are adding on two and a half times the square footage and that it is becoming a rebuild versus new construction issue. Rahn noted the structure is also located in the 0-75 foot zone. Langhans stated they have already replaced some of the beams as part of the repair work that was completed this summer. Rahn noted the square footage has more than doubled in an area where there is not supposed to be any hardcover. Rahn commented the whole process seems rather convoluted and that the more logical approach would have been to put a basement in rather than add a story. Langhans stated to add a basement would have required bringing a concrete truck out on a barge and that they are attempting to work with what exists and what is the most economical. Langhans pointed out the ten feet in the back is basically required to have the staircase and that from a design standpoint they extended that area out across the entire back of the house. Langhans noted the increase in hardcover is less than one half of one percent. The applicants would like to improve what exists and they are willing to add a wetland buffer. Turner noted the septic system had to be replaced by the end of this year. McMillan asked if there is enough room for the water to get around the corner of the structure. Turner stated the City Engineer has reviewed that and has determined that a swale is required to get the drainage to go around the house. McMillan asked what the distance is from the edge of the addition to the retaining wall. Langhans stated it is approximately four to five feet. Murphy noted at the last meeting that issue was discussed in depth and that to his recollection it meets engineering standards. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 14 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 15 of 32 (#07-3323 Structures Unlimited On Behalf of Judson and Aleya, Continued) McMillan commented the size of the addition is up for discussion. Champlin stated he grew up in a cabin and he would like his kids to be able to experience living in a cabin. Champlin stated he knew the existing cabin had a number of issues that would have to be addressed, with the building basically deteriorating and needing replacement. The septic was failing and required immediate replacement, which resulted in the removal of a large number of trees. Champlin indicated that rather than removing even further trees, they looked at designing something in the present location and yet provide some additional room for their family. White asked if the City has a massing regulation for the 0-75 foot zone. White noted they are under the structural coverage limit on the lot. Gaffron stated the ordinance limits structures in the 0-75 foot zone and that whatever has been granted in the past is outside what is currently allowed by the Code. McMillan commented typically the Council attempts to limit the amount of hardcover to a bare minimum in the 0-75 foot zone and typically does not allow an increase in the hardcover in that zone. Murphy stated page three of five in the Planner’s Report shows that the existing building consists of 1,175 square feet or whether that includes the shed and some other small structures. Turner stated that number includes the shed and the deck. The actual living space is 702 square feet. The shed is close to 90 square feet. The difference between the actual and the proposed is the addition to the structure, which consists of 260 square feet. The shed would be relocated out of the 0-75 foot zone. Murphy stated the hardcover in the 75-250 foot zone is not an issue. Rahn stated the only issue is basically the close proximity to the lake. McMillan stated the applicants could rebuild what is there. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 15 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 16 of 32 (#07-3323 Structures Unlimited On Behalf of Judson and Aleya, Continued) Murphy stated in his view the structure is attractive. Murphy asked what color the decks would be. Langhans stated it is natural cedar and would be stained. White recommended the accent lighting on the exterior of the structure be limited. Champlin stated he would be agreeable to limiting the exterior lighting. Murphy moved, McMillan seconded, to direct Staff to draft a resolution approving lakeshore setback and hardcover variances to construct an addition to the rear of the existing seasonal dwelling as well as add a second story, subject to the recommendations of Staff outlined in the November 26, 2007 Planner’s Report. McMillan asked what the wetland buffer would be. Turner stated Staff would look at what is the most appropriate for this site and what currently exists. VOTE: Ayes 4, Nays 0, Bremer Abstained. *7. #07-3333 JOHN VOGSTROM WITH VOGUE, I.C.F. HOMES, INC., ON BEHALF OF WILLIAM AND SUSAN DUNKLEY, 2709 WALTERS PORT LANE – CONDITIONAL USE PERMIT – RESOLUTION NO. 5696 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5696, a Resolution Granting a Conditional Use Permit for Repair of a Seawall for the Property Located at 2709 Walters Port Lane. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 16 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 17 of 32 8. #07-3336 MARC ASHTON WITH JOHN TERRANCE HOMES, LLC, ON BEHAF OF MITCH COOK OF CENTRAL BANK AND LARRY PALM OF LGL REAL ESTATE INVESTMENTS, STONEBAY OUTLOT A – REVIEW OF DEVELOPERS AGREEMENT AND STATUS UPDATE Larry Palm with LGL Real Estate and Mitch Cook with Central Bank were present. Gaffron stated the application that is before the Council tonight concerns a review of the developer’s agreement and status update. Staff met with the developers this afternoon to discuss the remaining issues. The developers have indicated they would like to have two separate development agreements, which would remove John Terrance Homes out of the agreement. The applicants have also requested a variety of changes to the development agreement, which includes changing the names of the entities. LGL Real Estate Investments LLC would become Ace Properties, LLC, and Central Bank would change to Central Orono, LLC, which Staff has no issue with. In Item 13 of the developer’s agreement, the developers would like to be reimbursed for the construction of the trail, which Staff has no disagreement with. In Item 18, with two separate agreements, Ace Properties would like an open-ended start and completion dates and they would not start construction until they have building lease commitments. In Item No. 19, the developers would like to see a clearer definition of substantial completion. Staff would need to confer on that issue but do not feel it will be an insurmountable issue. In Item 2, the developers would like a clearer description or listing of what improvements are to be privately maintained and which are to be maintained by the City. In addition, the developers would like the fees and escrow to be paid at the time the building permit is issued, which Staff opposes. The basis for Staff’s opposition relates to the City’s code and the past practice of the City. The bank is willing to provide the entire letter of credit but LGL would like to Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 17 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 18 of 32 (#07-3336 Marc Ashton With John Terrance Homes, LLC, On Behalf of Mitch Cook of Central Bank and Larry Pal of LGL Real Estate Investments, Stonebay Outlot A, Continued) defer payment of the fees until they actually start construction. The City typically does not release the filing until all fees have been paid. Staff feels this could all happen concurrently. In Item 24, the developer would like language requiring sufficient detailed backup information be provided for all staff and consultant charges passed on to developer. Developers wish to complete all fee payments, except LGL, at closing rather than before Council final action. Closing cannot happen until the plat is filed. The City normally does not release plat for filing until all fees are paid. This can all happen concurrently at closing but needs clear City Attorney direction to the closer. Staff has received this afternoon the City Engineer’s comments on the plans. There are now retaining walls that are proposed. The plans have been reviewed by the fire marshal and the issues that he has raised have been addressed. The construction plans have not changed. The applicants have indicated they would comply with the City’s signage codes. In light of the request for deferring a portion of the securities, Staff would like to see a staging plan for the site and the applicants are in the process of developing that. The City has received the Mylars and it may be appropriate to show a drainage easement for the storm water system or a cross easement. City staff and developer will need to finalize language and legal descriptions for an easement for the trails within the properties. The City will need to finalize MnDOT limited use permit application for trails in MnDOT right-of-way. The MCWD has approved permits but will not issue them until the developers file a declaration against each lot, but this cannot happen until the plat is filed. NPDES permits are in the process of being obtained. Gaffron stated the Council should discuss the outstanding issue regarding the fees. If Council feels all issues have been resolved to its satisfaction and concludes the application is far enough along to grant Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 18 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 19 of 32 (#07-3336 Marc Ashton With John Terrance Homes, LLC, On Behalf of Mitch Cook of Central Bank and Larry Pal of LGL Real Estate Investments, Stonebay Outlot A, Continued) final approvals, they could approve the application subject to Staff/City Attorney/City Engineer review and approval. If the Council determines final approvals are premature, then the application should be tabled to the December 10th meeting. Murphy stated when he arrived for tonight’s meeting, he had some concerns regarding the memo that he saw for the first time tonight and that his first inclination was to table the application. Murphy stated it appears that the primary issues relate to money and that in his view it just seems this application is being rushed through the system. Murphy asked Staff if they feel this application is being moved too fast through the process and whether all issues have been addressed adequately. Cook stated one of the reasons for today’s meeting was to figure out exactly where they were at and that today’s meeting was very helpful in clarifying the issues. Cook stated the concept of separating the developers agreements would basically be the agreement that they already have but in two separate documents. The original agreement required that John Terrance Homes consent to certain items, which would be eliminated with the two development agreements. Mattick stated in principal Staff agrees with the points raised and that the major issue relates to the payment of the fees. If the two sites are developed simultaneously, a staging plan is required and with the two development agreements, that helps to keep each developer’s responsibilities separate and distinct. The new development contracts would be very similar to what is currently before the Council but there may be some requirements that would need to be added in terms of the phasing of the project. The bank lot does need to tie into the other lot, which is not currently addressed and would need to be included in the two development agreements. Mattick stated the two issues before the Council are: One, payment of all fees up front. LGL does not feel it is fair to pay fees on property that they do not currently own but the City is not willing to record the plat until the fees are paid up front. The City could sign the mylars, release them to the closing agent, with the closing agent releasing the mylars for recording and at the same time the City being given the securities that it is requesting. Mattick stated while this is not the way the City normally processes an application, in his view this is a reasonable request and would address the developer’s Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 19 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 20 of 32 (#07-3336 Marc Ashton With John Terrance Homes, LLC, On Behalf of Mitch Cook of Central Bank and Larry Pal of LGL Real Estate Investments, Stonebay Outlot A, Continued) concern. LGL is requesting that payment of the fees not be required until a building permit is requested and that the money stay in escrow until the building permit is issued. Typically these fees are collected up front and the City is entitled to collect park dedication fees at the time of subdivision according to state statute. The issue of not collecting the fees until the building permit is requested is not something that Staff would be in favor of. Mattick stated the lengthy discussion this afternoon helped to clarify the items and that some sort of staging plan would need to be developed in order to incorporate it into the development agreement. Kellogg stated the biggest issue is how does Staff deal with the staging of the project, and if one of the sites is not going to be developed for some period of time, they need to address how storm water would be handled. Some of the required storm water improvements are a direct result of discussions with the MCWD and he is uncertain what the position of the MCWD would be on the storm water if one site is not developed. Kellogg indicated the other engineering issues on the site are minor and can be addressed prior to development of the lots. Palm stated the issue in his mind is that they do not care to pay the fees at all until they apply for the building permit. Palm indicated they would also prefer not to put them in escrow. Mattick stated the letter of credit would secure the public improvements and not the other fees, such as park dedication fees. Palm stated the letter of credit has the ability to bind those fees. White stated essentially the letter of credit the City is requesting would be for the public improvements. McMillan asked if LGL is willing to file the letter of credit but would like the other fees deferred until the building permit is issued. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 20 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 21 of 32 (#07-3336 Marc Ashton With John Terrance Homes, LLC, On Behalf of Mitch Cook of Central Bank and Larry Pal of LGL Real Estate Investments, Stonebay Outlot A, Continued) Palm stated they would like to pay those at the time they make application for the building permit. Palm stated it makes sense economically to construct one building first and have it totally leased out prior to constructing the second building. Palm commented it is not in the best interests of anyone to have a vacant building sitting there for a period of time. McMillan asked how long it would take to work out a staging plan. Cook stated they do have a staging plan worked out between them and they would be submitting that to the City. McMillan stated she personally does not want to work out the staging plan tonight and that the City Engineer should have ample time to review that. McMillan expressed concerns about approving the application tonight prior to the development agreements and staging plan being totally resolved. Bremer stated in order to create the two separate development agreements, the City’s attorney would also need to be significantly involved with that and that it is dependent upon the staging plan. Bremer stated in her opinion the Council should arrive at a decision on the payment of the fees tonight. Rahn stated the decision to have two separate agreements was only recently arrived at and that there may be other underlying issues that have not been addressed yet. Rahn indicated he would prefer to table the application for two weeks. McMillan stated it was her understanding the two buildings would be constructed at the same time and that she would prefer to see the development agreements and the staging plan in place prior to approval. Cook stated the project was never presented as having both buildings constructed at the same time and that Lot 1 would be built on first. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 21 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 22 of 32 (#07-3336 Marc Ashton With John Terrance Homes, LLC, On Behalf of Mitch Cook of Central Bank and Larry Pal of LGL Real Estate Investments, Stonebay Outlot A, Continued) Mattick stated once he receives the comments of the City Engineer, he can start work on the development agreements, and that it comes down to whether the City Council would like to review the development agreements and staging plan prior to approval or rely on Staff. Bremer asked when the closing date is scheduled and when they anticipate construction to begin on the project. Cook stated they are ready to purchase the property once they receive the approval of the City and that everything is ready to go but that it is dependent upon the weather. Murphy stated he does not have an issue with Staff handling the staging plan but that payment of the fees is going to require the specific attention of the City Attorney as the application goes forward. Murphy commented that he still has the feeling that this application is being rushed through the process. Murphy expressed concerns that if the City Council agrees to what Mr. Palm is requesting, that would change the way the City of Orono has typically done business on other applications. Mattick stated in his experience he has not seen a letter of credit being used to secure those other fees and that according to state statute it is at the time of subdivision approval that the City has the ability to collect these fees. Mattick stated this may not necessarily set a precedent but that the City Council would need to explain to the future applicants why they are not being allowed to defer payment of the fees. Bremer stated the payment of fees by the various developers needs to be consistent. Mattick stated the closer has indicated that the fees would be disbursed at the time of closing, and that when the subdivision is approved, those fees are typically collected. McMillan commented that the payment of the fees is the cost of doing business and that she would concur with the recommendation of the City Attorney. White stated he would also be in support of payment of the fees up front. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 22 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 23 of 32 (#07-3336 Marc Ashton With John Terrance Homes, LLC, On Behalf of Mitch Cook of Central Bank and Larry Pal of LGL Real Estate Investments, Stonebay Outlot A, Continued) Bremer indicated she would be willing to go with Item C. Moorse stated while Item C is doable, he would not encourage it be done on a regular basis given the amount of time that is required by Staff to set this arrangement up and monitor it. Cook stated what they are proposing is to shoot for a closing date and to handle everything on that day. Mattick stated they will prepare a list of what needs to be done and that it is a doable exercise. Moorse stated he would then expect that all of the items that are still required to be completed be completed by the end of this week to give Staff and Council ample time to review the documents. Rahn moved, McMillan seconded, to table Application #07-3336, Marc Ashton with John Terrance Homes, LLC, on behalf of Mitch Cook of Central Bank and Larry Palm of LGL Real Estate Investments, StoneBay Outlot A. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Murphy noted next Monday, December 3rd, is the truth-in-taxation meeting. Rahn asked whether portable sanitation is required on projects in the City, and that if it is not required, in his view it should be. Curtis stated to her knowledge it depends on the size of the project on whether it is required. White requested Staff research this issue. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 23 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 24 of 32 (Mayor/Council Report , Continued) McMillan stated she did notify the Planning Commission about the event hosting Will Steiger and Paul Douglas that was held last week in Minnetonka. McMillan indicated she did attend the event and that it was very informative. To her knowledge another event is planned for the future at the Wayzata Community Church. McMillan commented regardless of whether global warming is a reality, the City needs to look at ways they can mitigate damage to the environment. White asked if the natural foods co-op is looking at utilizing the Dalbec Roofing building. Kroeger indicated the co-op is looking at a number of buildings in the area. Bremer noted McMillan recently graduated from the Orono Police Academy. Bremer commended the chief of police for his efforts in coordinating this event. White stated an available date for the sleep-out is Friday, December 7th, and that the Council should look at participating in that event. CITY ENGINEER’S REPORT Kellogg noted he did receive an e-mail from a developer today, with some of the Council Members being copied on it, and that if any of the Council Members have questions regarding it, to please contact him. CITY ADMINISTRATOR’S REPORT *9. REQUEST FOR PAYMENT NO. 2 – TH12/OLD CRYSTAL BAY ROAD WATER MAIN IMPROVEMENTS Murphy moved, Rahn seconded, to approve Request for Payment No. 2 for the TH12/Old Crystal Bay Road Water Main Improvements to Widmer Construction in the amount of $4,352.50. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 24 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 25 of 32 *10. REQUEST FOR PAYMENT NO. 2 – FARVIEW LANE SEWER PROJECT Murphy moved, Rahn seconded, to approve Request for Payment No. 2 for the Farview Lane Sewer Project to Castrejon, Inc., in the amount of $32,561.65 for the Farview Lane Sewer Project. VOTE: Ayes 5, Nays 0. *11. 2008 MEETING SCHEDULE Murphy moved, Rahn seconded, to approve the 2008 meeting schedule. VOTE: Ayes 5, Nays 0. 12. WITHDRAW FROM MEMBERSHIP WITH THE WEST HENNEPIN RECYCLING COMMISSION Moorse noted two of the factors in the dissolution of the commission are that two of the cities have dropped their membership in the West Hennepin Recycling Commission, and the Commission Administrator will be resigning effective March 31, 2008. Murphy asked whether the City is withdrawing or whether the commission is being disbanded. Moorse stated the commission is disbanding. Murphy expressed a concern with the way the resolution is worded that it conveys the impression the City is withdrawing from the West Hennepin Recycling Commission and that the language should be modified to reflect that the commission is being disbanded. Murphy recommended that an additional whereas be incorporated to reflect that the other cities are also withdrawing because the commission is being disbanded. McMillan suggested a common resolution between the remaining cities be reached and that the title of the resolution be changed. Moorse suggested this item be tabled to allow Staff to amend the resolution. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 25 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 26 of 32 (Withdraw From Membership With The West Hennepin Recycling Commission, Continued) Murphy moved, Bremer seconded, to table Item No, 12, Withdraw from Membership with the West Hennepin Recycling Commission. McMillan recommended the City consider adding a fall clean-up day. White suggested the City’s soon-to-be-created environmental commission consider that item. VOTE: Ayes 5, Nays 0. *13. APPROVAL OF PAINTING THE INTERIOR OF CITY HALL AND COUNCIL CHAMBERS Murphy moved, Rahn seconded, to approve painting the interior of City Hall, the Council Chambers, and link areas by MK Paining & Decorating, for an amount not to exceed $8,590.00, and to amend the Improvement and Equipment Outlay Fund to reflect the expenditure. VOTE: Ayes 5, Nays 0. 14. MCES INTERCEPTOR – RESOLUTION NO. 5697 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5697, a Resolution Requesting that the Shared Sewer Line Carrying Flows from Medina, Orono, and Long Lake be taken over by MCES as a Metro Interceptor. VOTE: Ayes 5, Nays 0. Bremer moved, Murphy seconded, to reconsider this item. VOTE: Ayes 5, Nays 0. Peter Johnson, Morrie’s Automotive, stated when the upgrades to that sewer line were made starting in 2005 along Morrie’s easterly property line, they received some correspondence from the City asking them if they could have temporary and permanent access onto their property. The City at that time was asked whether the lift station on the northwest corner would eventually be abandoned and they were told Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 26 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 27 of 32 (MCES Interceptor, Continued) that it would be. Johnson questioned whether the easement has ever been released, and if it has not been released, he would request that it be taken care of. In addition, another impact of the resolution would be how the City’s interest in that line impacts decisions that will be made in the future regarding access, and that Morrie’s would like to be involved in the discussions regarding future access if a road in that area is ever constructed. Moorse stated to his knowledge the City has completed the release of the easement. In terms of whether the City could construct a road over the easement, the metering station is a metro metering station, which would need to be relocated prior to construction of a road. In addition, the City would only ask that it become a metro interceptor at Industrial Boulevard, which is what is reflected in the resolution. Murphy asked why it is in the City’s best interests to have that happen. Moorse stated at the present time the joint sewer line is a Long Lake line that runs down Industrial Boulevard and Willow, then connects into an interceptor. Because it is a Long Lake sewer line that both Orono and Medina utilize, the three cities share the costs of maintenance. If the interceptor becomes a metro interceptor, the Metropolitan Council would assume the costs of maintenance. White stated the sewer line would not be relocated at any time in the near future. Kellogg noted the City has recently replaced the north/south line from Trunk Highway 12 to the southwest corner of the golf dome, which is approximately eight to ten feet deep. From that point it turns east to the metering station and is a fairly new line, which would not need to be replaced for some time. Moorse stated the issue is, if there was to be a road constructed behind the golf dome, could that line remain as is. Murphy stated the issues raised by Mr. Johnson should be addressed by the City. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 27 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 28 of 32 (MCES Interceptor, Continued) Johnson indicated his client is interested in knowing whatever issues there are regarding access. Moorse indicated he did provide the resolution to Medina and Long Lake. Murphy asked whether it would be better to table the item or to go ahead and adopt the resolution. Moorse stated the Council could table this application to hear back from the two cities. But he would like to get the resolution approved so Staff can move forward with the Metropolitan Council. McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5697, a Resolution Requesting that the Shared Sewer Line Carrying Flows from Medina, Orono, and Long Lake be taken over by MCES as a Metro Interceptor. VOTE: Ayes 5, Nays 0. *15. ACCEPT QUOTATIONS FOR SANDBLASTING, PAINTING NAVARRE WATER TREATMENT PLANT (2345 BLAINE AVENUE) Murphy moved, Rahn seconded, to accept the quotation in the amount of $13,850 from Champion Coatings of Savage, Minnesota, for sandblasting, spot painting at the Navarre Water Treatment Plant, with funding from the Water Fund and approval of the appropriate year 2007 budget adjustment to reflect this expenditure. VOTE: Ayes 5, Nays 0. 16. MCES GRANT PROGRAM FOR DRAIN TILE DISCONNECTIONS – RESOLUTION NO. 5698 McMillan inquired how the City is involved in this program and how it would be reimbursed. McMillan indicated it was her understanding the property owners would be reimbursed. Moorse stated it was his understanding that the City would be reimbursed for the work. In addition, there is a surcharge that is imposed related to I&I, and rather than paying the surcharge, the City has the Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 28 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 29 of 32 (MCES Grant Program For Drain Tile Disconnections, Continued) option to use that money to do I&I improvements. Disconnecting drain tile from the City sewer system would also qualify as an I&I improvement. Moorse indicated the City would actually be paying a significant share of the costs and then getting reimbursed. The other portion would go toward the surcharge, which would significantly lower the costs to the property owner. McMillan asked whether the City would be doing the construction work and the billing or how the process is supposed to work. Moorse stated under the surcharge portion of it, the City would be subcontracting with a contractor, and that he is unsure whether the grant program would cover the costs if a private owner directly contracts with a contractor for the work. Kellogg stated the I&I issues in Orono are lake related and that what they are attempting to limit are the I&I spikes experienced during a big rain storm event. Kellogg stated connecting the drain tile to the sewer system was once an allowable practice but has since been disallowed. McMillan moved, Bremer seconded, to adopt RESOLUTION NO. 5698, a Resolution Authorizing Participation in the MCES Foundation Drain Separation Grant Program. VOTE: Ayes 5, Nays 0. 17. POLICE SERGEANT LABOR AGREEMENT 2008 AND 2009 Murphy asked whether the Minnesota Supreme Court has recently ruled that vacation time cannot be carried over. Mattick stated there was a case that was recently decided by the Supreme Court concerning sick time, which raised the issue with vacation time. The Supreme Court has ruled that if the City has in its policy when and under what terms a person accumulates that vacation time, policies defined as use it or lose it are acceptable. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 29 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 30 of 32 (Police Sergeant Labor Agreement 2008 and 2009) Murphy asked if any of this language is in contradiction with any of those rules. Mattick stated it is not. Murphy moved, McMillan seconded, to approve the 2008/2009 Police Sergeant labor agreement settlement as outlined above, and to authorize the City Administrator to sign a contract reflecting the settlement. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Mattick commented the City’s practice has been to require letters of credit at the time of approval and that the fees are tied to the subdivision of the lot by state statute. Mattick indicated it is his experience that some communities require payment of the fees at the time of hook-up. Bremer suggested that perhaps the City consider compromising on the SAC and WAC charges but then requiring the letter of credit be filed at the time of final plat approval. Gaffron stated Staff informs the applicants at the beginning of the application process about the payment of the fees and that typically the applicants do not take issue with it. Mattick stated he and the building inspector would be visiting the Hollander property next week and take photocopies of the property. In his experience the pictures will give a historic picture of the property. Mattick noted that Hollander would be informed next week that there is a neighborhood meeting scheduled to discuss his property. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 30 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 31 of 32 *18. LICENSES & PERMITS ANNUAL LIQUOR LICENSES Club On Sale and Sunday Liquor 1. Wayzata Country Club 200 Wayzata Boulevard Off Sale Liquor 2. Wood Enterprises, Inc./Navarre Liquor 3421 Shoreline Drive On Sale 3.2 Percent Malt Liquor 3. Lakeview Golf of Orono, Inc. 405 North Arm Drive Off Sale 3.2 Percent Malt Liquor 4. Voyageur Service Centers, Inc./O’Sullivan’s Holiday 2420 Shadywood Road Murphy moved, Rahn seconded, to approve the above licenses. VOTE: Ayes 5, Nays 0. *BILLS Murphy moved, Rahn seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 31 of 32] MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 26, 2007 7:00 o’clock p.m. ___________________________________________________________________________________ PAGE 32 of 32 ADJOURNMENT Murphy moved, McMillan seconded, to adjourn the Orono City Council meeting at 10:12 p.m. VOTE: Ayes 5, Nays 0. There being no further business to discuss, the meeting was adjourned. ATTEST: _______________________________________ _____________________________________ Linda S. Vee, City Clerk James White, Mayor Item #02 - CC Agenda - 12/10/07 Approval of Council Minutes 11/26/07 [Page 32 of 32] Item #03 - CC Agenda - 12/10/07 Truth in Taxation Hearing Minutes 12/03/07 [Page 1 of 2] Item #03 - CC Agenda - 12/10/07 Truth in Taxation Hearing Minutes 12/03/07 [Page 2 of 2] Item #04 - CC Agenda - 12/10/07 2008 Levy Adoption Hearing, Adoption of 2008 Budget & Levy [Page 1 of 7] Item #04 - CC Agenda - 12/10/07 2008 Levy Adoption Hearing, Adoption of 2008 Budget & Levy [Page 2 of 7] Item #04 - CC Agenda - 12/10/07 2008 Levy Adoption Hearing, Adoption of 2008 Budget & Levy [Page 3 of 7] Item #04 - CC Agenda - 12/10/07 2008 Levy Adoption Hearing, Adoption of 2008 Budget & Levy [Page 4 of 7] Item #04 - CC Agenda - 12/10/07 2008 Levy Adoption Hearing, Adoption of 2008 Budget & Levy [Page 5 of 7] Item #04 - CC Agenda - 12/10/07 2008 Levy Adoption Hearing, Adoption of 2008 Budget & Levy [Page 6 of 7] Item #04 - CC Agenda - 12/10/07 2008 Levy Adoption Hearing, Adoption of 2008 Budget & Levy [Page 7 of 7] Item #05 - 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CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12a - CC Agenda - 12/10/07 File #07-3336 [Total Pages 35] Item #12b - CC Agenda - 12/10/07 File #07-3336 [Total Pages 6] Item #12b - CC Agenda - 12/10/07 File #07-3336 [Total Pages 6] Item #12b - CC Agenda - 12/10/07 File #07-3336 [Total Pages 6] Item #12b - CC Agenda - 12/10/07 File #07-3336 [Total Pages 6] Item #12b - CC Agenda - 12/10/07 File #07-3336 [Total Pages 6] Item #12b - CC Agenda - 12/10/07 File #07-3336 [Total Pages 6] Item #13 - CC Agenda - 12/10/07 File #07-3337 [Total Pages 4] Item #13 - CC Agenda - 12/10/07 File #07-3337 [Total Pages 4] Item #13 - CC Agenda - 12/10/07 File #07-3337 [Total Pages 4] Item #13 - CC Agenda - 12/10/07 File #07-3337 [Total Pages 4] Item #14 - CC Agenda - 12/10/07 Dissolution of West Henn Recycling Commission [Page 1 of 5] Item #14 - CC Agenda - 12/10/07 Dissolution of West Henn Recycling Commission [Page 2 of 5] Item #14 - CC Agenda - 12/10/07 Dissolution of West Henn Recycling Commission [Page 3 of 5] Item #14 - CC Agenda - 12/10/07 Dissolution of West Henn Recycling Commission [Page 4 of 5] Item #14 - CC Agenda - 12/10/07 Dissolution of West Henn Recycling Commission [Page 5 of 5] Item #15 - CC Agenda - 12/10/07 Council Liaison to PC Meetings 2008 [Page 1 of 1] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 1 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 2 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 3 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 4 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 5 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 6 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 7 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 8 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 9 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 10 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 11 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 12 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 13 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 14 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 15 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 16 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 17 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 18 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 19 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 20 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 21 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 22 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 23 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 24 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 25 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 26 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 27 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 28 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 29 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 30 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 31 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 32 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 33 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 34 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 35 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 36 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 37 of 38] Item #16 - CC Agenda - 12/10/07 2008 Fee Schedule & Ordinance Publication [Page 38 of 38] Item #17 - CC Agenda - 12/10/07 2007 Interfund Transfers & Loan Payments [Page 1 of 2] Item #17 - CC Agenda - 12/10/07 2007 Interfund Transfers & Loan Payments [Page 2 of 2] Item #18 - CC Agenda - 12/10/07 2007 Budget Adjustments [Page 1 of 2] Item #18 - CC Agenda - 12/10/07 2007 Budget Adjustments [Page 2 of 2] Item #19 - CC Agenda - 12/10/07 Dispurse City funds for Claims Received [Page 1 of 1] Item #20 - CC Agenda - 12/10/07 2008 Non-Union Compensation Adjustments [Page 1 of 8] Item #20 - CC Agenda - 12/10/07 2008 Non-Union Compensation Adjustments [Page 2 of 8] Item #20 - CC Agenda - 12/10/07 2008 Non-Union Compensation Adjustments [Page 3 of 8] Item #20 - CC Agenda - 12/10/07 2008 Non-Union Compensation Adjustments [Page 4 of 8] Item #20 - CC Agenda - 12/10/07 2008 Non-Union Compensation Adjustments [Page 5 of 8] Item #20 - CC Agenda - 12/10/07 2008 Non-Union Compensation Adjustments [Page 6 of 8] Item #20 - CC Agenda - 12/10/07 2008 Non-Union Compensation Adjustments [Page 7 of 8] Item #20 - CC Agenda - 12/10/07 2008 Non-Union Compensation Adjustments [Page 8 of 8] Item #21 - CC Agenda - 12/10/07 Amend Vacation Accumulation Policy[Page 1 of 1] Item #22 - CC Agenda - 12/10/07 Purchase ID Making Equipment & Software [Page 1 of 2] Item #22 - CC Agenda - 12/10/07 Purchase ID Making Equipment & Software [Page 2 of 2] Item #23 - CC Agenda - 12/10/07 Disposal of Abandoned/Unclamied Biycles [Page 1 of 1] Item #24 - CC Agenda - 12/10/07 Final Payment for Fitness Room [Page 1 of 1] Item #25 - CC Agenda - 12/10/07 Accept Donation from Lake Community Bank [Page 1 of 1] Item #26 - CC Agenda - 12/10/07 Purchase Police Squad Cars [Page 1 of 1] Item #27 - CC Agenda - 12/10/07 Disposal of VHS Camera System [Page 1 of 1] Item #28 - CC Agenda - 12/10/07 Accept Donation of Computer from Office of Traffic Safety [Page 1 of 1] Item #29 - CC Agenda - 12/10/07 Hire New Police Officer [Page 1 of 1] Item #30 - CC Agenda - 12/10/07 Hire PT IT Technician [Page 1 of 1] Item #31 - CC Agenda - 12/10/07 Call for Public Hearing on Capital Improvement Plan & Issuance of Bonds [Page 1 of 2] Item #31 - CC Agenda - 12/10/07 Call for Public Hearing on Capital Improvement Plan & Issuance of Bonds [Page 2 of 2] Item #32 - CC Agenda - 12/10/07 Call For Puublic Hearing on Street Reconstruction & Issuance of Bonds [Page 1 of 2] Item #32 - CC Agenda - 12/10/07 Call For Puublic Hearing on Street Reconstruction & Issuance of Bonds [Page 2 of 2] Item #33 - CC Agenda - 12/10/07 City Streets Designation for MSA Mielage Calculation [Page 1 of 3] Item #33 - CC Agenda - 12/10/07 City Streets Designation for MSA Mielage Calculation [Page 2 of 3] Item #33 - CC Agenda - 12/10/07 City Streets Designation for MSA Mielage Calculation [Page 3 of 3] Item #34 - CC Agenda - 12/10/07 Licenses [Page 1 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 2 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 3 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 4 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 5 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 6 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 7 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 8 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 9 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 10 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 11 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 12 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 13 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 14 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 15 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 16 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 17 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 18 of 19] Item #34 - CC Agenda - 12/10/07 Licenses [Page 19 of 19] Item #35 - CC Agenda - 12/10/07 Bills [Page 1 of 8] Item #35 - CC Agenda - 12/10/07 Bills [Page 2 of 8] Item #35 - CC Agenda - 12/10/07 Bills [Page 3 of 8] Item #35 - CC Agenda - 12/10/07 Bills [Page 4 of 8] Item #35 - CC Agenda - 12/10/07 Bills [Page 5 of 8] Item #35 - CC Agenda - 12/10/07 Bills [Page 6 of 8] Item #35 - CC Agenda - 12/10/07 Bills [Page 7 of 8] Item #35 - CC Agenda - 12/10/07 Bills [Page 8 of 8]