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HomeMy WebLinkAbout04-27-2015 Council Packet Agenda for Council Meeting Set for Monday, April 27, 2015, 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 Approval of Agenda 1. Consent Agenda – 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 April 13, 2015 * Presentations Planning Commission Comments – John Thiesse, Representative Public Comments – (Limit 5 Minutes Per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 3. 14-3686 John Bessesen and Tom Wasmoen o/b/o David Delaney 2500 Kelley Ave RPUD Rezoning Denial 4. 15-3711 City of Orono Amend Chapter 86-68 to Modify Survey Requirements for Minor Projects/Additions 5. 15-3722 Storm Water and Drainage Trunk Fee - Second Review 6. 15-3726 Gregory White o/b/o Gregory & Lyn White Steven & Patricia White Todd * Lisa Sylvester 4355-4375-4245 Bayside Road – Subdivision for a Lot Line Rearrangement Public Works Director/City Engineer’s Report 7. Hiring Approval – Seasonal Parks Maintenance Worker 8. Lurton Park Update 9. Sentence to Serve (STS) Contract for Parks Maintenance Mayor/Council Report City Council Meeting April 27, 2015 Page 1 of 257 Agenda for Council Meeting Set for Monday, April 13, 2015, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us City Administrator's Report 10. 1st Quarter Financial Report 11. Orono Police Garage – Pay Request # 8 12. Licenses & Permits* – Limited Firearms Use Permit* – Transient Merchant License – Renaissance Fireworks* 13. Claims/Bills* City Attorney's Report Closed Meetings 14. Closed Meeting [§13D.05.3 (c)(3) to consider the purchase of property located at 2251 Pine Ridge Lane 15. Closed Meeting [§13D.05.3 (b)] for Attorney-Client Privilege (Orono v. Nygard) Adjournment Upcoming Events 2015 05/04 – Park Commission Meeting, Monday, 7:00 p.m. 05/11 – Council Meeting, Monday, 7:00 p.m. 05/11 – Annual Public Hearing for NPDES Phase II Storm Water Permit, Monday, 7:00 p.m. 05/18 – Planning Commission Meeting, Monday, 7:00 p.m. (Council Liaison – Aaron Printup) 05/25 – Memorial Day Holiday 05/26 – Council Meeting, Tuesday, 7:00 p.m. 06/08 – Council Meeting, Monday, 7:00 p.m. 06/15 – Planning Commission Meeting, Monday, 7:00 p.m. (Council Liaison – Jim Cornick, Jr) 06/22 – Council Work Session, Monday, 5:00 p.m. 06/22 – Council Meeting, Monday, 7:00 p.m. 07/03 – Fourth of July Holiday 07/06 – Park Commission Meeting 07/13 – Council Meeting, Monday, 7:00 p.m. 07/20 – Planning Commission Meeting, Monday, 7:00 p.m. (Council Liaison –Mayor McMillan) City Council Meeting April 27, 2015 Page 2 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 1 of 40 ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 6, 9, 10, 13, 14, 14.5, 15, 18, 19, and 22 were added to the Consent Agenda. Levang moved, Cornick seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION OF MARCH 23, 2015 Levang moved, Cornick seconded, to approve the minutes of the Orono City Council Work Session of March 23, 2015, as submitted. VOTE: Ayes 4, Nays 0. *3. REGULAR CITY COUNCIL MEETING OF MARCH 23, 2015 Levang moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of March 23, 2015, as submitted. VOTE: Ayes 4, Nays 0. PRESENTATION 4. ORONO POLICE DEPARTMENT ANNUAL REPORT Chief Correy Farniok presented the 2014 Annual Report for the Orono Police Department to the City Council. Farniok stated the Orono Police Department serves the Cities of Minnetonka Beach, Mound, Orono, and Spring Park. The police department’s organizational chart has not changed with the exception of a slight change in the position of investigative sergeant. Sergeant Wittke has rotated out of that position and Sergeant Scott Boris has assumed that position. Farniok reviewed the calls for service received in 2014. Farniok indicated the total numbers are fairly consistent, with Saturday night being the busiest. Priority one calls require emergency response. The response time for those were all under five minutes, with a lot of the contract cities, including Spring Park and Mound, being under four minutes. Farniok noted the largest number of calls are located in Mound, followed by Orono, Spring Park, and Minnetonka Beach. Farniok stated the highest number of crimes consist of thefts, primarily from motor vehicles, followed by burglaries. Farniok noted the Police Department has sent out a crime alert about locking cars even if making a very quick stop. City Council Meeting April 27, 2015 Page 3 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 2 of 40 (4. ORONO POLICE DEPARTMENT ANNUAL REPORT continued) The crime summary comparison shows a significant drop in some of the categories, such as burglaries and homicides. Overall there was a 24 percent reduction in thefts, but it is still one of the highest volume of calls. One of the biggest complaints received in the City through dispatch is for traffic related incidents. In 2014 there were 96 DUIs, 261 seatbelt violations, 29 use of wireless communications device, 763 speeding violations, and 272 traffic crashes, for a total of 2,421 citations being issued. The activity summary for investigations includes 18 death investigations, 298 arrests, 52 assaults, 22 burglaries, and 21 criminal sexual incidents. Farniok stated in 2014, 128 handgun permits were issued and there were 574 alarm calls, with 476 being false alarms. Farniok stated the false alarms take up a significant amount of officer time, with 300 of those calls being cancelled in route. In addition, there were 235 welfare checks and 129 vehicle lockouts in 2014. The total calls amounted to 23,224, with 10,990 requiring a report or some form of follow-up. Farniok noted there was one double fatality on Highway 12 as well as multiple serious injury accidents. Since that time rumble strips have been installed on Highway 12 and there have been no additional cross- over fatalities or accidents along the stretch of Highway 12 where the rumble strips were installed. The Orono Police Department also performs tobacco checks and alcohol compliance checks. Presentations on various topics included the Mound Head Start, the Halloween safety talk, the Mound school bus safety talk, the Mound safety talk with district janitors, Mound driver’s education to high school students, and one forensic day. The Police Department also investigated a bomb threat at the Orono Middle School. Farniok noted the Mound SRO confiscated one-half pound of marijuana off of an offender selling to a non-student buyer in front of Grandview Middle School. The Orono Police Department also has two members that serve on the West Metro Drug Task Force, which is a combination task force with Hennepin County and the Cities of Medina, Independence, and Maple Plain. Overall the Drug Task Force executed 97 search warrants in 2014 and performed 56 arrests. In addition, 41 firearms were confiscated along with 98,483.85 grams of marijuana, 4,936.95 grams of methamphetamines, 78.01 grams of cocaine, and 665.0 tablets of prescription drugs. Overall, the West Metro Drug Task Force confiscated drugs with a street value of $3,525,412.75. Council Member Levang asked if the police department anticipates more enforcement of distracted driving. Farniok stated the campaign targeting distracted driving starts tomorrow. Farniok indicated the Police Department is seeing a lot more crossover traffic accidents and vehicular accidents as a result of the driver being distracted. Farniok stated they are attempting to educate people to keep their eyes on the road. Levang asked if there will be a demonstration in Mound at the high school. Farniok indicated that will be a mock crash and that a definitive date has not yet been set. Farniok noted a mock crash was performed at the Orono High School last year prior to prom. City Council Meeting April 27, 2015 Page 4 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 3 of 40 (4. ORONO POLICE DEPARTMENT ANNUAL REPORT continued) McMillan thanked Police Chief Farniok and his officers for doing an excellent job. PLANNING COMMISSION COMMENTS – JON SCHWINGLER, REPRESENTATIVE None. PUBLIC COMMENTS Joe Stevens, Minnetrista, stated he was here two months ago and attempted to discuss water rights with the City Council. Stevens indicated he would like to sit down with the Council at a future date and discuss this issue to help remove perception and false misinformation and replace it with facts and common sense. Stevens stated he respects Council Member Cornick’s position that this went through the process and that there was an opportunity to speak then, but that Orono’s pre-meeting agenda mentioned nothing about banning and simply listed a Wellhead Protection Ordinance. Stevens noted that evening he attended another Council meeting that was further away because he was not aware that the Orono Council would be taking the action that they did. Stevens stated he would welcome the chance to set the record straight and submit some useful information that in his view the Council may be missing on this subject. Stevens stated he anticipates having approximately a 10-minute presentation, with the overall discussion being hopefully limited to 30 minutes. Stevens stated in his view the League of Minnesota Cities is misleading the City Council and that they are championing 368.01, Subd. 8 as well as 412.221, Subd. 11, that state Councils may provide and by ordinance regulate the use of wells. Stevens stated the Council is very familiar with what the legal definition of regulate means and that those two sections do not give the basis for the Council to ban wells. Stevens stated he is well aware of the case that was cited by Attorney Mattick and that the case involved a contaminated ground water problem, which was the sole reason that the water main was put in. Stevens indicated the State of Minnesota was involved on the side of the township in that case, which basically forced people to hook up to City water. Stevens noted there was a dissenting opinion in the case, with one of the judges stating that it was unconstitutional and that the only people that will be harmed by using their well water is themselves. Stevens reiterated he would like to discuss this matter further with the City Council at a work session. Jay Nygard, 1386 Rest Point Road, stated he is here to speak for a few minutes about what the City Council is planning to do regarding wind turbines. Nygard indicated he is also here as a representative of the Micro Wind Advisory Council, which is something that he started to help cities and encourage them to accept wind turbines in the communities. City Council Meeting April 27, 2015 Page 5 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 4 of 40 (PUBLIC COMMENTS continued) Nygard stated first of all he would like to remind the Council that Orono’s current land use plan under Page 3B-17, Item 12, calls for the following: All landowners must have equal land use opportunities and no landowner should be denied the right to develop his land, etc. Nygard stated equal rights for all is a very basic principle but that the way this ordinance is being written is not even close at all. Nygard stated the Council is limiting opportunities for wind turbines to approximately five percent of all Orono properties and to three commercial properties, which not only violates the spirit of the policy but also contradicts Judge Bush’s ruling in Hennepin County. The ruling quotes the MN State Legislature, which put into law in 1995 the idea that any person may harvest the wind. Nygard stated he is not sure what any person means to the Council, but to him it means any person or every person. Nygard stated that happens to be any person who lives in Minnesota since it is a Minnesota Statute. Nygard stated to that end, City Staff has developed an ordinance which precludes him from harvesting the wind many times over. The ordinance also prevents more than 95 percent of the residents within the community from harvesting the wind, which is a state given right. Nygard stated the ordinance prevents him from having a wind turbine for a number of reasons. First of all, the Council wants to require a shadow flicker study. Nygard stated he finds it kind of ironic that City Staff has admitted that there is nowhere local where someone can obtain a shadow flicker study but yet the Council is going to enact an ordinance that would require people to comply with that. In addition, Staff quoted a company out of Michigan as being able to provide a shadow flicker report. Nygard stated he is not sure whether Staff has called that company, because when he called them, he was informed that they had not done any of them for three years for small turbines and that they found out it was pretty much a silly idea, which is why they went away from it. Nygard stated shadow flicker studies are always done for large wind farms. Their shadow flicker report also focused on conventional three- blade turbines that were over 15 hertz 82 percent of the time. Nygard stated what that means is that if it is over 15 hertz, it is something the eye cannot register, and that as a result there could not be any shadow or flicker 82 percent of the time, and that is if it is sunny and if the sun is located in the right position Nygard stated in rare cases there have been health effects, which is basically for people with epilepsy. Nygard stated his son happens to have auto-accident induced epilepsy and that he has stated publicly many times that turbines do not bother him but that he complains that leaf blowers and lawnmowers tend to mess with his head. Nygard stated if the Orono City Council chooses to go ahead with this over-the-top requirement, the German regulations, which are the international standard, should be followed. Nygard stated he has no idea why the Council is completely ignoring them since most of those requirements are based in common sense and real world effects. Staff has also pulled out some articles that have been submitted to the Council. One is a shadow flicker assessment of the Goodhue wind project. In that situation the study was looking at large wind farms, which is what the Council was looking at when making up this ordinance. Nygard stated he is not sure how that makes sense since there is nowhere in Orono where someone can put up a large wind farm. In addition, Nygard stated the study says that sighting shall be to diminish shadowing or flickering, with no specific limits being given, and that a person should avoid unreasonable adverse shadow flicker. City Council Meeting April 27, 2015 Page 6 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 5 of 40 (PUBLIC COMMENTS continued) Nygard noted the word there is unreasonable with no specific limits and that significant shadow flicker is defined as more than 30 hours per year. Nygard stated the City Council is not accepting anything anywhere that would allow even a shadow to fall on a blade of grass on the neighbor’s property and that the City Council is not interested in following these international standards. Nygard stated the United Kingdom also did a wind turbine shadow flicker study, which found there have not been extensive issues with shadow flicker in the U.K. The study also found that flicker caused by the wind turbine rotation is such that it should not cause a significant health risk. Nygard questioned what the Council could be basing the requirement for a shadow flicker report on if the turbines are not affecting the health, safety or welfare of anybody. The ordinance also requires ten acres residential and five acres commercial, which is only a small part of the community. Nygard noted once you start looking at the restrictions, only four to five percent of the properties in Orono might quality. Out of 50 lots looked at by Mr. Gaffron, only five or six could meet the standards. Nygard stated Mr. Cornick stated he likes the ten acres because it simplifies things. Nygard stated he is wondering whether that is how rights are apportioned out in Orono. Nygard reiterated only three commercial lots would qualify for wind generation. Nygard stated a friend of his, Brad Erickson, who owns 2.5 acres, is not going to be able to install a bunch of these wind turbine light poles that he would like to install. In addition, the exclusion of the Shoreland Overlay District eliminates over half to 60 to 70 percent of Orono. Nygard noted the wind is better near the lakes and that proper sighting does not have to be 80 feet tall. Nygard stated sighting can be proper and still be successful. Nygard questioned what would happen if all cities and counties took this approach given the number of lakes and wetlands that exist in Minnesota. Nygard also questioned where they would be if everybody decided a person cannot have any by any lakes or swamps. Nygard stated those standards would not help push forward the legislation passed by the Minnesota Legislature regarding renewable energy and fossil fuels. Nygard stated the ordinance also includes a 100-foot setback, which is arbitrary and not based on anything. The setback also eliminates the majority of the properties in the City. Nygard noted there are many items throughout the City that are located closer to the property lines than they are tall, such as basketball hoops, light poles and fences. Nygard questioned why they are legal next to a property line and a turbine is not going to be. Nygard stated there is such a thing called the destructive wind speed requirement and that all cities have them. In Florida it is up to 170 miles in some spots and in Minnesota it is 90 miles per hour. Nygard stated the reason for that requirement is to help ensure that structures are built to withstand those speeds and are not going to go flying onto somebody else’s property. Nygard indicated he is looking for a solution instead of trying to restrict. Nygard stated the City Council should be looking for solutions rather than trying to restrict. The ordinance only allows one turbine per property and prohibits roof or wall mounted turbines because the Council felt it was a bad idea. Nygard stated in his view that is not a good way to regulate things. City Council Meeting April 27, 2015 Page 7 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 6 of 40 (PUBLIC COMMENTS continued) Nygard noted people are allowed to have antennas and satellite dishes attached to their homes but not turbines. Nygard stated the Council might be eliminating one of the best possible locations for a turbine and is not reasonable. In addition, the ordinance also states that the system shall not be used for displaying advertising nor for any other uses, including but limited to cell phone antennas, flags, ham radio antennas, etc. Nygard questioned how many other things in this community are as restricted as wind turbines. Nygard stated it makes no sense. Nygard stated a client of his purchased a wind turbine and installed it on his cell phone tower, which allowed him to remove his emergency gas generator. Nygard stated wind turbines are a renewable solution to fossil fuels. The ordinance also prohibits a wind turbine from being illuminated. Nygard stated the whole idea of a hybrid light pole is to produce illumination and the Council is eliminating a product that he can sell in the City. Nygard asked what health, safety or welfare has been documented showing they are protecting someone with this restriction. Nygard noted the ordinance also says that there cannot be any perceivable vibration at the property line. Nygard stated he hears his neighbor’s lawnmower and that sound does not stop at the property line. In addition, he has neighbors’ dogs that wake him up every morning at 6:30 and that he cannot get their bark to stop at the property line. Nygard stated there are a number of things that go on in the City that affect other people and that is what happens in communities. The ordinance also contains arbitrary denial language that says if the City Administrator chooses to, she can say no. Nygard stated he would like to know what engineering qualifications the City Administrator has in order to be the person designated to decide that. Nygard stated if all else fails, the City Administrator can just say no. Nygard stated the fact is that this proposed ordinance ignores the realities concerning the engineering of wind turbines and applies a very simplistic and overbearing approach and is, in effect, a de facto ban. Nygard stated the ordinance is unreasonable in many ways and restricts his ability to sell these turbines to support his family by not allowing him to even have one on his property or anyone else around him to have one. Nygard noted Council Member Dennis Walsh stated the regulations have to be reasonable enough that they allow the potential for someone to have one and not be in essence a de facto ban. Walsh also went on to state that it is a de facto ban if a person cannot meet any of the conditions. Nygard noted he is unable to meet five or six of the conditions. In addition, Council Member Walsh further stated that whatever the Council does, it has to be defendable in court. Nygard noted City Attorney Soren Mattick stated the more places the City allows them, the less likely it is for the ordinance to be struck down. Nygard again questioned why the City Council is only allowing them in five to seven percent of the community, especially if they are worried about legal issues. Nygard stated his favorite statement from the City Attorney is that there are some things that spin and the Council is okay with them. Nygard commented he is glad the Council has decided it is their job to decide what spinning things are good for the residents. City Council Meeting April 27, 2015 Page 8 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 7 of 40 (PUBLIC COMMENTS continued) Nygard stated it is obvious to him, given the above statements and the extremely restrictive nature of the proposed ordinance, that Orono has once again found a way to illegally control him while preparing to continue any legal battle until the end of time. Nygard stated he would like the Council to ask themselves when they have spent so much time and money on one issue. Nygard questioned why the Council continues to have this battle unless the goal is to not have wind turbines in the City. Nygard stated the way the ordinance is written is that the Mayor gets to have a wind turbine and he does not. Nygard stated the Council should quit treating wind turbines like pornography where it has to be behind the counter to sell and that wind turbines belong in the public eye for everyone to see. Kendall Nygard, 1386 Rest Point Road, stated she is here to represent a gentleman that owns property in Orono that is unable to be here this evening. Nygard indicated she is not going to go through all 17 points contained in the affidavit but that she will provide a copy of the affidavit to the City Council. The property is owned by Brad Erickson and is located at 2160 West Wayzata Boulevard. Nygard stated Mr. Erickson is currently remodeling the buildings on the property for commercial use and plans on using many green technologies during the remodeling efforts. Mr. Erickson has a plan for installing eight to ten more hybrid light poles and there is already one on the property. Mr. Erickson would like to use wind and solar power to offset his electrical needs. Nygard stated basically Orono’s ordinance would ban him from having any more than the one turbine that he currently has on the property at the present time and that the ordinance is a de facto ban on wind turbines. The affidavit is dated April 10, 2015. Nygard questioned how much they will have to spend to deal with the wind turbines in Orono. Nygard stated in the event the Council has not already read it, she is going to hand out the judge’s ruling concerning access to wind turbines and their rights as a Minnesotan property owner to access wind and harvest it on their property. PLANNING DEPARTMENT REPORT 5. #14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) – FINAL REVIEW – ORDINANCE NO. 142 Senior Planner Gaffron noted this is the third time the City Council has reviewed the draft WECS ordinance. At its March 23 meeting, the City Council voted 3 to 1 to make certain changes to the draft ordinance, which include the following: 1. Change the minimum property boundary setback for SWECS in residential zones to 100 feet. 2. Change the maximum distance of SWECS from principal building in both residential and commercial districts to 100 feet. 3. Make the commercial and industrial zones SWECS standards identical to residential, except minimum lot size for commercial to be five acres instead of ten acres. City Council Meeting April 27, 2015 Page 9 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 8 of 40 (5. #14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) – FINAL REVIEW – ORDINANCE NO. 142 continued) 4. Pursuant to prior discussions, SWECS in commercial and industrial zones are to be a conditional use. Not specifically discussed at the March 23 meeting but which needs to be included is a listing of the commercial and industrial districts in which SWECS will be allowed. The list includes B-1 Retail Sales; B-4 Office and Professional; B-6 Highway Commercial; B-6 PUD; and I Industrial. The B-2, B-3, and B-5 districts were excluded because each of these districts is wholly located within the Shoreland where SWECS will not be allowed. 5. The Council chose to use shadow flicker text Option 4, which does not allow for shadow flicker and requires a shadow flicker report as part of any application for SWECS. Staff recommends adoption of the ordinance and summary ordinance. Gaffron noted the Council also has the option of publishing the full ordinance rather than the summary ordinance. McMillan noted the City has been working on this ordinance for quite some time and that the Council has asked for public comment on two separate occasions. McMillan stated from her point of view, she feels pretty good with everything that is in the ordinance. McMillan noted the Council has seen how wind turbines, whether intentionally or unintentionally, can cause some disruption to some of the neighbors. McMillan stated the City has taken a lot of caution in dealing with this issue. Currently the City has one wind turbine that has been installed illegally, and back in 1999 the City had a request for a variance, which was denied because it was not in the City Code. In that situation it was proposed the wind turbine would be 100 feet up in the air. McMillan noted the City has not had a lot of requests for these and that the City would like to be cautious in what is allowed. McMillan stated if wind turbines become more popular and more in demand, the City can re-examine the ordinance but that the ordinance is patterned off of a lot of other neighboring cities’ ordinances as it concerns vibration and some of the other issues. Gaffron stated many of the elements of the ordinance appear in many other cities’ ordinances regarding WECS. McMillan stated as it relates to the shadow flicker, she possibly would be okay with removing that from the ordinance. McMillan stated in her view Mr. Nygard has made some good points about the shadow flicker report and that the ordinance contains adequate setbacks where a shadow flicker report might not be needed at this point. McMillan stated the Council has wrestled with the idea of a shadow flicker report and that if the other Council Members feel it is too onerous with someone obtaining a report, she would be okay with striking out or changing the language so a report would not be required. Levang stated the City Council and Planning Commission have spent a considerable amount of time vetting this ordinance and have done an enormous amount of research. Levang stated in her view the conclusions the Council has come to are very firm and that she is comfortable with those conclusions. Levang noted the Council has also wrestled with the setback from the lot line and whether it should be 100 feet or 300 feet. Levang pointed out that many wind turbines are 45 feet tall or the height of a telephone pole. Levang stated the residents can be comfortable knowing that this Council does not want someone to have a 45-foot element staring them in the face. City Council Meeting April 27, 2015 Page 10 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 9 of 40 (5. #14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) – FINAL REVIEW – ORDINANCE NO. 142 continued) Levang stated to see a structure 45 feet in the air would be very obvious to anyone driving down the street or in their neighborhood and that the Council is very careful about the unintended consequences of these structures. Levang stated the shadow flicker issue is a difficult issue since it is not so easy to measure or obtain a report, and that she would want to keep that requirement but perhaps change the language to make it easier to obtain. Levang indicated she feels comfortable with the ordinance that they have and that the Council has not knee-jerked on this ordinance but has been very thoughtful and careful with the ordinance. Council Member Cornick stated in regards to the shadow flicker report, he is in agreement with the Mayor and that it might be something that cannot be measured accurately. Cornick stated after studying this issue for quite a while, he had an afterthought after reading the maintenance portion. Cornick asked if it would be wise to include the requirement for an annual or biannual inspection to ensure compliance. Cornick noted the City inspects kennels and septic systems, and that in his view this might be something that would need to be inspected. Gaffron stated under the existing language, SWECS shall be maintained under agreement or contract with the manufacturer or other qualified entity. Gaffron stated the question is what kind of things would Staff be expected to inspect. Gaffron indicated he is not sure if Staff is qualified to perform that inspection. Cornick asked if it is something that could be subcontracted by the City. Gaffron stated that is possible and that it probably would be easier than finding someone to do a shadow flicker report. Cornick stated his concern is with someone that has a turbine up for five years and it goes through a tornado or a wind storm and it is damaged. Cornick asked how the City would become aware of a situation like that. Cornick stated the owner could leave it in a damaged condition and it will eventually become a rusty hulk. Cornick stated in his view it cries out for some sort of inspection, whether it is annual or biannual. Gaffron stated he does not have any specific thoughts on that but that Staff could look at what it would cost to perform that annual inspection. McMillan stated on commercial properties it will likely be a liability issue since there likely will be people walking around and that the business owner would want to ensure those customers are safe. Gaffron stated another option that is required for certain types of septic systems is that the homeowner has a contract for maintenance and that they are required to report to the City on a regular basis. Gaffron stated if the intent is to have an inspection by a qualified person, the City could require that the report be turned in on a regular basis, which would provide information on the status of the wind turbine. Cornick stated he would prefer to stick with an already current type of process rather than going through a special process. Cornick stated he likes the option suggested by Mr. Gaffron. City Council Meeting April 27, 2015 Page 11 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 10 of 40 (5. #14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) – FINAL REVIEW – ORDINANCE NO. 142 continued) Levang stated that seems rather straight forward and that the City currently requires a homeowner every so often to demonstrate that they have had their septic system pumped. Gaffron stated there are also specific systems that require regular maintenance and that the requirement helps to ensure the homeowner keeps the contract in effect and reports to the City or has their contractor report to the City. Council Member Walsh stated in his view the inspection is a great idea. Walsh stated he is glad the Council has reached this point and that the Council probably overreached previously by banning turbines. Walsh stated he agrees with the Mayor and Council Member Cornick that unless it is measurable, it probably should not be there since the City will likely always have to deal with it if someone challenges it. Walsh stated in his view a minimum of ten acres is an overreach and that he is not in agreement with that requirement. Walsh indicated he likes the idea about the maintenance issue and that perhaps every couple of years the property owner could get an engineer to inspect the system to ensure that everything is in order. Walsh stated the one big thing that is overreaching is the ten acres and that in his view five acres would be more prudent and defensible whether it is in court or explaining the ordinance to somebody. McMillan asked if the Council would like to craft some maintenance language right now so a vote can be taken on the ordinance tonight. Levang asked if it would be best to include that language under Item 4(a)(3). Gaffron stated in his view that is the correct place and that the current language reads as follows: Maintenance, SWECS shall be maintained under an agreement or contract by the manufacturer or other qualified entity, and that they could add language to the effect that the property owner shall annually submit an inspection report every two years by a qualified professional regarding the status of the SWECS. Walsh asked if an inspection should be every year or every two years. Walsh suggested it say qualified licensed professional. Gaffron stated he cannot point to a standard to provide a recommendation on how often the inspection should be done. McMillan stated she would say every two years. Walsh stated in his view every year would be too much. Cornick indicated he is okay with two years. Gaffron stated the language could say the property owner shall submit an inspection report every two years by a qualified licensed professional to inspect and report on the status of the WECS system. Walsh stated he agrees with all the other premises of the ordinance except for the ten acres since it will be hard to defend. City Council Meeting April 27, 2015 Page 12 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 11 of 40 (5. #14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) – FINAL REVIEW – ORDINANCE NO. 142 continued) McMillan stated in her mind the residential impacts would be huge if the land requirement was reduced to five acres. Levang moved, Cornick seconded, to adopt ORDINANCE NO. 142, Third Series, an Ordinance Amending Orono Municipal Zoning Code Section 78-1379 Regarding Wind Energy Conversion Systems, with the addition of the language regarding inspections and removal of the shadow flicker report requirement. VOTE: Ayes 3, Nays 1, Walsh Opposed. Levang moved, Walsh seconded, to adopt SUMMARY ORDINANCE NO. 143, Third Series, an Ordinance Amending Orono Municipal Zoning Code Section 78-1379 Regarding Wind Energy Conversion Systems. VOTE: Ayes 4, Nays 0. *6. #14-3685 WILLI ABBOTT ON BEHALF OF THE BOARDWAY GROUP, LLC – PLAT OLIVER HILL Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6489, a Resolution Denying an Amendment of the RPUD Agreement for the Plat of Oliver Hill. VOTE: Ayes 4, Nays 0. 7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE Gaffron stated the applicants in August, 2014, requested an amendment to the Community Management Plan to re-guide the property to allow for multi-family residential development where the current guide plan is for single-family residential use at a density of two to three units per acre. The revised proposed use of the site is four twinhomes or eight dwelling units, which would require a subdivision and concurrent rezoning to Residential Planned Unit Development District. Recent discussions with the City Attorney suggest that a Community Management Plan amendment should not be required. The Planning Commission reviewed the proposed rezoning at its March 16 meeting and voted 5-1 to recommend denial of the application. Staff believes that for a variety of reasons the proposed development of four twinhomes has the potential to have less impact on the site and the neighborhood than a development of three to four single-family homes. Staff also believes that given the commercial/mixed use potential for the abutting property to the immediate east along Shadywood Road, the site is more conducive to twinhome use rather than for single-family use. Staff recommends that the Council grant conceptual approval for a rezoning to RPUD to allow the proposed twinhome development, with such rezoning to occur in conjunction with completion of a formal RPUD development review process. The Planning Commission memo is included in the Council packet. Gaffron stated the Planning Commission has spent considerable time reviewing this application, both as a sketch plan and as a proposed rezoning. There have been many public comments received. There are also members of the public at tonight’s meeting to provide comment. City Council Meeting April 27, 2015 Page 13 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 12 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) The applicants have also provided additional information regarding the layout, the style, and the amenities of the proposed twinhome project. Development of the site as an RPUD allows a level of restrictions on the site development that would not be possible under a standard zoning scenario, which is one of the reasons Staff feels this may be an appropriate use for this site. The Public Works Department is proceeding toward eliminating constrictions in the neighborhood drainage system to minimize or eliminate flooding along Kelly Avenue. Any development of this site will have to meet the provisions of the Surface Water Management Plan with regards to flood prevention, including but not limited to allowing no increase from pre-development peak rates of discharge. The City Engineer has submitted standard trip generation data which indicated an estimated total of 72 trips per weekday for this eight unit development. This translates to nine trips per day per dwelling unit. Staff would expect that this is similar to the traffic generation for single-family dwellings. The number of existing residences served by Kelly Avenue likely includes homes on Carman Road, Lydiard Avenue and Circle, Pence Lane and Walters Port Lane, totaling 66 dwellings. The addition of eight dwelling units is not expected by Staff to have an appreciable effect on traffic in the neighborhood. The proposed twinhomes, according to the developer, will have an average valuation of approximately $500,000. A review of taxable market values in the neighborhood per Hennepin County valuations indicates that the four existing twinhomes at the north end of Kelly have an average value of $335,000, the 12 lakeshore homes on Kelly Avenue have an average value of $1,500,000, the 15 non-lakeshore homes on Kelly/Lydiard. The City Assessor has indicated that in his opinion the addition on twinhomes in the $500,000 range will likely increase the value of this neighborhood and will not negatively impact the value of the lakeshore properties. If three or four single-family homes are developed via a standard plat at this site, they likely will require two driveway entrances off Kelly. This would also reduce the likelihood of future access to Shadywood Road, which would allow the Kelly access to be eliminated. In order to gain enough acreage for a four lot single-family standard plat, the applicants would have to either acquire acreage from the adjacent parcel abutting Shadywood or be successful in having the Flowage and Conservation Easement revised to include just the delineated wetland. The ability to direct and control site grading and tree removals with a RPUD development is much greater when working with a single developer as compared to the scenario of four single-family homes being built by potentially four different builders at four different times. RPUD development that creates individual building pads and open space outlots can provide better control of common spaces via homeowners association oversight as well as limitations on accessory structures that would not be possible under a standard single-family plat. Staff recommends the Council grant conceptual approval so the developer can go ahead with a proposal and make application for a rezoning to RPUD to allow the proposed twinhome development, with such rezoning to occur in conjunction with completion of a formal RPUD development review process. City Council Meeting April 27, 2015 Page 14 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 13 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) If Council determines that the rezoning should be allowed, Staff would suggest the following conditions specific to this site be incorporated into any final development plan approvals: 1. The landscape plan must provide a substantial coniferous planting plan along the southwesterly side of the new twinhome structures. 2. The twinhome structures shall be located no closer than 40 feet to the northeast property line and the private drive shall be located no closer than 20 feet to the northeast property line to allow for a buffer between the twinhomes and future commercial/mixed use development on the adjacent Shadywood property. 3. The final development plan should preserve to the greatest extent possible all existing mature trees and underbrush on the property and maintain all undisturbed land not approved for site grading and improvements in its natural state. 4. The development shall be prohibited from any type of subdivision entry way signage on Kelly Avenue except for an approved private street name sign. 5. The dead end turn-a-rounds design at the end of the private street shall be subject to final design approval of the fire chief. 6. If a reduced private street improvement width is proposed and approved for less than the standard 28 feet minimum, and which includes available off-street bump out visitor parking areas, then on- street parallel parking shall be installed and maintained by the homeowner association if needed to assure full access to all dwellings by emergency personnel. 7. All pertinent requirements of the Orono Subdivision Code and RPUD District standards shall be adhered to during the development review and approval process. Particular attention shall be paid to stormwater management within the development site to ensure the development does not have negative impacts downstream. Gaffron stated the Council has the option of either making a motion to conceptually approve rezoning to RPUD subject to successful completion of the RPUD review and approval process, making a motion to direct Staff to draft a resolution for denial of the rezoning to RPUD, or making a motion to table the application. Tom Wasmoen, Applicant, stated they have been working to develop a proper development for this site and that they have listened to concerns that have been voiced. Wasmoen stated in his view Mr. Gaffron has done some of the labor on addressing a few of the issues tonight, but that he would like to make sure that everyone has a chance to walk through what they are thinking of for this site. Wasmoen stated Navarre is a beautiful small town that is nestled between several lakes and that they love the beauty of the area along with its natural components. Wasmoen indicated he is not here tonight to argue the fact that the neighbors love their community, but that they are here to help their client take some advantage of that. City Council Meeting April 27, 2015 Page 15 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 14 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Wasmoen displayed some photographs of the site. Wasmoen indicated he took these photographs last fall after the trees had lost their leaves. Wasmoen stated he wanted to make sure they addressed the visibility on the high side of the site and illustrate what is and is not visible from Kelly Avenue. Wasmoen stated as you look down slope towards the lake lots, there is vegetation that exists within the conservation zones and the wetlands as well as vegetation within the lots that would pretty much blocks the view lines of the units from Kelly Avenue. Wasmoen stated he would like to make sure that everyone understands that they have walked the site and in their view the visual impact of the development will be minimized. Wasmoen indicated the other piece that he would like to show is a project that was done in Wayzata that has a twinhome model that is very much the same as what they are proposing. Wasmoen indicated they can buffer the homes on the lakeside and the uphill side if they have a need to with appropriate landscaping. Wasmoen stated the photographs demonstrate the type of product they are proposing, with the units being in the $500,000 to $600,000 range per unit, which is in keeping with the upper end that the neighborhood is looking for. Wasmoen noted they are only at the conceptual stage right now and the house elevations and building/unit variety can be further refined as they move through this process. Wasmoen stated in their view they felt it would be appropriate to provide a conceptual layout of four residential homes consisting of 4,000 square feet with two separate driveways off of Kelly. Wasmoen stated because the homes would orient towards Kelly, a lot of retaining wall would need to be done to make the driveways. Wasmoen stated assuming the owners would want rear yards, there would also be additional retaining walls required. Wasmoen stated what they are presenting tonight is an option to the four residential homes and would consist of four twinhome buildings with a single access off of Kelly and shared driveways. Wasmoen indicated they would be staying out of the existing conservation zone, out of the wetland area, and anything growing within that zone would be protected during the construction process. The sketch shows the green buffer that would be retained throughout the process. Wasmoen noted Staff alluded to the fact that if this area is developed, they could potentially come off of Shadywood Road with a shared access. Wasmoen stated if that becomes the case, they could eliminate the driveway portion potentially down to Kelly Avenue. Wasmoen displayed a twinhome floor plan. The first floor is designed for the restricted age client in mind and would consist of a living room, dining room, kitchen/great room space, a master bedroom suite, and room for a den or office. There would also be a staircase going down to the lower level consisting of approximately 1,500 square feet that could either be finished or unfinished. The garage is approximately 660 square feet with ample room for a workshop or storage space. Wasmoen stated these units are a very popular approach to restricted age twinhomes throughout the country. Wasmoen stated they are attempting to show that they are looking to build twinhomes that are of the quality of the existing lake homes that people are looking for that want to stay in the community or move here. Wasmoen stated currently those existing options are limited and that they are providing a choice to people. The units would also have hardwood floors, custom cabinetry, luxurious master suites, and other amenities that would be found in lake homes. City Council Meeting April 27, 2015 Page 16 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 15 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Wasmoen noted with four single-family residential homes, there would be a large footprint for each home and more clear-cutting in order to make them work. There would also be more impervious surface that would contribute to runoff that would have to be controlled. Because each lot would be developed individually, the ability to do an overall stormwater management would be lost. Each one of the residential homes would likely be between 8,000 to 10,000 square feet. Wasmoen stated the twinhomes would have less of a sight impact, preserves more trees and privacy from Kelly Avenue and more units to help the local economy. The units would be 1,500 square feet on the first floor and 1,500 square feet on the lower level, for a total of 3,000 square feet, with 660 square feet for the parking. Wasmoen stated the project they are proposing falls within what the Comprehensive Plan talks about for the area, which is guided for two to three units per acre. Wasmoen noted they are on the low side with the eight units. Wasmoen indicated he has also included some conceptual elevations of what the units would look like and depicts a couple of options for material colors. Wasmoen indicated they would be looking at doing some variety with the four units to help create their own personality. Overall the design would be very eco-friendly and high efficiency. Wasmoen stated he is attempting to convey the level of quality that would go into the twinhomes. Wasmoen noted Staff has also addressed some of the issues with flooding and traffic in the area and that they have listened to the neighbors’ concerns regarding those issues. Wasmoen stated in their view their water management system will not add to the downstream accumulation of water and that there will be rain gardens constructed as well as pretreatment and control of the runoff as part of the project. Wasmoen noted there would be less impervious surface with the twinhome concept versus the four single-family residential homes. Wasmoen stated the age restrictive nature of the project would also potentially make the number of trips per day less than what would be experienced with the four residential homes. Walsh asked if there are any particular plans for the adjoining property. Walsh asked if Mr. Wasmoen would be able to guarantee the access off of Shadywood. Wasmoen stated if the other property gets developed, they would work towards that. Wasmoen stated until the development happens, it is a potential, and that if they developed it, it would be a connection that they would make. Walsh asked if he is speaking as the developer or the owner. Wasmoen stated he is talking about future development of the property and that it would be the development team. McMillan asked how many stories they are proposing. Wasmoen stated what they are proposing is a one-story with a walkout. Wasmoen noted there are dormer windows near the top and that they have not gotten to the final design of the units. Wasmoen indicated they are showing the worst case scenario in working with the grading on the site. If the slope was real steep, it is likely they would end up with a full walkout and that looking from Kelly Avenue the building would have the appearance of a two-story and the other side would be one story. City Council Meeting April 27, 2015 Page 17 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 16 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) McMillan asked how big the garage stalls would be. Wasmoen indicated there would be two garage stalls with room for guest parking in the driveway. Wasmoen stated they are also providing some visitor parking bump-out areas along the street as well as a hammerhead for emergency vehicle turn around. McMillan noted they are looking at a 4,000 square foot perimeter for the building. Walsh stated he is not a residential developer, but that when he attended the intergeneration forum, they talked about there not being enough housing for older people. Walsh stated his perspective on that was that they were going to one-level living and not moving to multi-level housing. Wasmoen indicated he is speaking about 55-plus and not seniors. Wasmoen stated people that age are still very active but the kids are out of the house and that they are presenting the opportunity to have single-level living. Wasmoen indicated he has friends in their 60s who have a similar model and downstairs they have a craft room, a guest bedroom, and a big TV room. Wasmoen stated everything someone would need is on the main level and that they are very popular. McMillan noted the Stone Bay development has something similar, but that she is not aware of how they compare size-wise to what is being proposed here. Gaffron stated in Stone Bay they would be looking at 26 x 30 wide by as much as 40 to 60 feet deep, with two levels and a double garage. Gaffron stated they would be approximately 1,000 square feet per level not including the garage. Cornick stated he would be curious to hear his response to the cookie cutter issue raised during the Planning Commission. Wasmoen stated they have brown brick and siding scheme and then a gray scheme. Wasmoen noted they have not designed every unit at this point, but that there would be changes between each building so each unit will not look the same. Cornick asked whether the units would all have the same footprint. Wasmoen stated they would basically have the same footprint but that there would be some variations between the units. Walsh stated he is aware there was an open house or gathering with the neighbors and that at the end of it the neighbors were told they would construct single-family housing and then at the Planning Commission they presented a different plan. Wasmoen stated there was a lot of back and forth at that meeting, and at the end Mr. Bessesen said they hear what the neighbors are saying and that they would like to do what the neighbors would like them to do. City Council Meeting April 27, 2015 Page 18 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 17 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Wasmoen stated the issue was not that Mr. Bessesen was lying but that it was kind of closing out the evening, emotions were high, and in the end the landowner said that is not what he wants to do. Wasmoen stated the City has also encouraged them to look at this as a transitional property. McMillan stated in her view there is some market potential for what is being proposed, but that she is struggling with the size of the buildings and the massive visual look that will have. McMillan stated she is not excited about either the residential or the twinhome option. McMillan stated at the intergenerational forum as well as other times she hears a lot of talk about how people want small houses and that they do not want a townhouse. McMillan stated people have said they want a very efficient, smaller sized home that is below $700,000. McMillan stated in her view there is a huge demand for that. McMillan stated she does not know if this is the right site for twinhomes, but that she does have a concern with having four massive building sites on this site. McMillan stated this might be an opportunity to construct some smaller sized homes that would have a lower impact. Wasmoen stated their very first proposal was for a townhome with more units but it was spread over the entire site with smaller footprints. Wasmoen stated this unit can be narrowed and reduced in size but that they are working with where the market is for the single-floor living area. McMillan stated the City Council has to be concerned with the long-term value of a development and that the City is getting an enormous amount of single-family homes above $700,000 on two acre lots as well as smaller lots. McMillan stated she is having more and more people telling her they would like to downsize to a smaller sized house that is new rather than fix up an existing house. At the same time the Metropolitan Council is telling Orono they would like three units per acre for sewer. McMillan stated the natural areas and wetlands limit that density, but if Orono is going to use sewer, they have to have higher density, which is the new reality. McMillan noted the Metropolitan Council does not have two acre lots in their planning anymore and are requiring three units per acre whenever possible. McMillan stated back in the 1970s, the Metropolitan Council had projected Orono as having a population of 37,000 if Orono was going to be sewered. Orono now has 7,700 residents. The Council decided to go with two acre and private septic. McMillan stated if you invite sewer in, it invites density, and that she has been hearing more and more people say they do not like living with septic systems and that they would prefer city sewer. McMillan stated the City has to figure out how to do it smartly. Wasmoen stated another option would be a staggered unit, which would break up the mass. Wasmoen indicated they will study the footprint size and see whether staggering will help. Wasmoen stated they are interested in creating something that everyone will be proud of. Levang stated she is very concerned about the integrity of the neighborhood and that she does not feel high density belongs in this corridor. Levang stated in her view it belongs on County Road 19 but not on Kelly Avenue. Levang stated she would like to see a plan with single-family homes that have a smaller than 4,000 square footprint. Levang stated she would also like to see something that is more affordable as well as exceptionable and that this is an opportunity for him to come to the community with something that is exceptionable and outstanding. City Council Meeting April 27, 2015 Page 19 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 18 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Levang stated she would like them to retain the wonderful qualities of the site and the rural character of the neighborhood. Levang stated she is opposed to the townhouse concept and that they could look at a cottage concept. Wasmoen stated he appreciates all those comments and that they are willing to work with the contractor to protect the existing foliage on the site. Wasmoen stated the areas would be protected with hurricane fencing and that there should be plenty of room for staging during the construction process. Wasmoen stated they have no adversity to staggering the units and possibly reducing the size of the units. McMillan stated under a PRD, they would be able to construct smaller footprint homes and keep the conservation easement. McMillan stated the Locust Hills development is an example of that. McMillan stated people who want to downsize do not want to have to do a lot of yard work and that she personally likes the cottage concept. Wasmoen stated their first concept plan was similar to that, and once that was shot down, they went in a different direction. McMillan stated the Council is looking at three acres of buildable and that she does not remember exactly what the other concept plan depicted. McMillan stated she would like the discussion to be open and for the developer to explore all options for this site. McMillan stated she has a concern with the large buildings and that the neighbors are also reacting to the institutional look of a twinhome development. Wasmoen asked if there can be eight units on the site. McMillan stated she is not able to say that at this point and that she is not sure exactly how much dry buildable land is available. Wasmoen stated the darker piece on the overhead is the wetland area and that there is approximately four acres that is dry land. McMillan stated there are also road issues that will have to be addressed. Wasmoen indicated they are thinking of making the development as pedestrian oriented as possible, and that if they are able to do the Shadywood connection, that would be a fairly flat area. Wasmoen stated they unfortunately are limited in their ability to make the Shadywood connection at this point. McMillan encouraged the applicants to take another look at other options. Walsh stated in his view this is a great neighborhood and that he purchased a house that was more family oriented. Walsh stated he knows when he has a commercial building next to residential, they do not want anything to do with each other and that there needs to be bushes and fences hiding it. Walsh stated having a road going through a commercial area might not be ideal for residential either. Cornick stated there seems to be a total disconnect between the developer and the neighbors as far as what information is being presented to them. Cornick stated if the applicant is ever going to be successful with this project, they will have to regain the confidence of the neighbors. City Council Meeting April 27, 2015 Page 20 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 19 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Cornick stated the Council has also received information that appears to be disconnected. Cornick stated the neighbors do not believe the comments about the size of the house and the number of homes. Cornick stated in his view the applicant needs to sit down and gain the confidence of the residents on Kelly Avenue and the surrounding neighborhood. McMillan stated she would like the Council to provide as much feedback as possible on this application and then have the neighbors provide input. McMillan asked if the applicant would like the application to be tabled. Wasmoen stated he has been working with Mike Gaffron and that they have been taking direction from Staff in regards to the development. Wasmoen stated the past Community Development Director encouraged them to have the neighborhood meeting and that he ended up not attending. McMillan stated she would like to apologize for that and it was an unfortunate miscommunication. Wasmoen stated they have been taking direction from Staff on this development and that he is not trying to force anybody to do anything. Wasmoen stated he is attempting to come up with a scenario that best works for this site with the least amount of disruption. John Bessesen stated he does have a developer who would like to construct the four single-family homes. Bessesen indicated he did talk to Mike Gaffron, who indicated that in his view there can only be three homes built, which would create a hardship. Bessesen stated they have discussed removing the conservation easement and that he has spent quite a bit of money delineating the site. The other delineation was completed in 1981 and was eyeballed. Bessesen stated they are going to pursue deleting the conservation easement and then come in with four single-family homes. Bessesen stated it has taken them too long to get to where we are, but that they felt the twinhome project would be successful. Bessesen indicated the first level has to be big enough for a large master bedroom, a family room and a kitchen. The basement does not have to exist since it will primarily be for guests. Bessesen indicated their plan was somewhat modeled after Wake Cliff. Mound also has some houses that sit right on the water that look cute with no parking and no driveway. Bessesen stated he did not believe those homes would sell but that they have all been sold. Bessesen indicated they can sell these lots and that they just have to figure out how to create four lots. If the lots are sold, they would not be able to control how big the homes will be. Bessesen indicated they have to be able to get their money out of the site if they are going to build on it. Bessesen stated they really felt a twinhome project would be workable, but a twinhome development costs a lot of money since there has to be a homeowners association and other documents created. Bessesen stated he thought the neighborhood would like the twinhome concept. Bessesen indicated they will be pursuing commercial on the other site and that they will probably line up the driveway for that property directly with the driveway for the Freshwater Biological Institute. Bessesen indicated if apartments are constructed on that site, a stoplight will be needed at that corner and that they would tie the church in, which would be a way to slow the traffic down at the intersection. Bessesen stated if this site has to be sold off as single-family homes, he would like to start the next development on the other side of the hill. City Council Meeting April 27, 2015 Page 21 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 20 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) McMillan asked if he has thought about doing the projects together. Bessesen stated the property was split off years ago and the development was never pursued. The Delaney’s did receive permission from the Planning Commission to construct duplexes and a single- family home but they never went before the City Council to finalize it. Bessesen stated the townhomes cannot be built behind the bowling alley. McMillan asked if he is aware of what the square footage is of the homes in Wake Cliff. Bessesen indicated he does not. Bessesen indicated he would like to provide a service for the people in the community who would like to stay in this area. Bessesen indicated he needs to build as many units as possible on the site in order to recoup his costs. Bessesen stated if the Council is not agreeable to the twinhome concept, he would like to sell the land to the contractor that will construct four residential homes on the site. McMillan indicated she would not mind clustering the homes as long as the houses do not get too big, which would help to preserve some of the trees. McMillan stated if they are not comfortable building smaller homes that could be a problem, but that they need to work something out on paper. McMillan indicated she will now open the meeting up to public comment. McMillan noted the City Council has read the neighbors’ e-mails that were submitted to the City as well as the comments that were made at the Planning Commission meeting. Judy Fredrickson, 2507 Kelley Avenue, stated she is here tonight to speak on behalf of a number of neighbors that were unable to be here tonight. Fredrickson noted the Planning Commission did vote to deny this project and that the neighbors are here tonight asking that the City Council respect that decision. Fredrickson stated she appreciates the tone of the Council’s questions to the applicant and that this issue is very important to the neighbors. Fredrickson stated she did not expect there to be a recommendation by Staff in favor of the twinhome development. Fredrickson stated in a nutshell it comes down to the fact that the neighbors want the City Council to know that they respect the right of Mr. Delaney to develop this property but that they would like it to stay within the current zoning on the property. The neighbors do not feel that one property owner should have the ability to negatively impact everyone around him. In all of this process through all of these months there has not been one neighbor who has stood up and said please do this project. Fredrickson noted Mr. Delaney has not appeared at any of the meetings or offered to meet with any of the neighbors about his proposal. Fredrickson stated the neighbors would like the City Council to deny the request for the following reasons: The City Council should protect the integrity and character of the neighborhood. Kelly Avenue and Carmen Road is a special neighborhood that has a uniqueness that is not found in other parts of Navarre/Minnetonka. City Council Meeting April 27, 2015 Page 22 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 21 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) In addition, Lydiard Court and Lydiard Street have older single-family homes set back from the street with large established trees, large yards, and are within walking distance to the public beach on Lake Minnetonka. In addition, there is a large number of wildlife found in the area, significant green space, wetlands, and close proximity to the lake. Fredrickson noted it is a quiet, serene neighborhood by the lake, which they would like to see preserved. Fredrickson stated the twinhome project as proposed also is in stark contrast to the well-established look and feel of the neighborhood and the single-family dwellings all around it. Fredrickson stated the neighbors are simply asking the developer to build single-family homes and that they are begging the City Council to vote against the twinhome proposal tonight, which will allow this developer and landowner to come up with appropriate single-family options. Fredrickson stated the neighbors are tired of having to come here. Fredrickson stated she and the other residents do not want their town to look like the mistakes being made in Wayzata. Orono is not known to be easy to work with and are very tough at sticking with the guidelines. Fredrickson stated what the neighbors are asking is that the Council stick with their obligations and duty to keep this a beautiful place since they are responsible for protecting the look and feel of this area. Fredrickson stated high density belongs in certain places and that they are saying this particular lot, this steep wooded lot, is not the right place for it. Fredrickson noted the Community Management Plan says this land is currently zoned LR-1B, one family lakeshore residential district, which permits residential use with a minimum lot size of one acre per dry buildable acre and 140-foot lot widths. This property has 3.0 dry buildable acres and is therefore zoned for three one-acre single-family homes. Fredrickson stated if the Council is going to approve this development, they would have to ignore the following suggested guidelines, minimum requirements, and zoning laws: 1. The residential areas of urban Orono are primarily suitable for single-family development. 2. A wider range of housing types will be provided by planned residential developments of attached townhomes. These clusters or multiple family developments will be acceptable only where full urban services are available and only where the proposed density is compatible with the neighborhood and with the local environmental constraints. 3. Multi-family developments will generally not be considered appropriate for lands within 1,000 feet of Lake Minnetonka. Fredrickson noted this property is located 450 feet from Lake Minnetonka. Multi-family developments are also not appropriate for areas that have limited public transportation access to outside employment and shopping facilities. 4. In addition, County Road 15, particularly in Navarre, is far over capacity. It is not practical from an economical or environmental standpoint to expand County Road 15 to increase its capacity. Therefore, additional housing options will be primarily developed along the Highway 12 corridor in specifically identified areas that are or will be served by urban services. City Council Meeting April 27, 2015 Page 23 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 22 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Fredrickson stated the City Council needs to understand that this twinhome development is but a small first step to a much larger development that Mr. Delaney would like to move forward on. Fredrickson stated Mr. Delaney would like to construct a commercial area as well as a 60-unit condominium project along Shadywood Road just behind this lot. Due to the poor traffic conditions that already exist as well as the lack of success that commercial/retail stores have experienced in this location, the neighbors are opposed to this development. Further, the Comprehensive Management Plan states that within the RPUD district all development shall be in compliance with the following: 1. A minimum of five acres, excluding areas within designated wetland. Fredrickson noted this property consists of 4.02 acres and therefore does not qualify under the guideline unless the Council finds the existence of one of the following: a. Unusual physical features of property or surrounding neighborhood as a RPUD will conserve a physical or topographic feature of importance to neighborhood or community. Fredrickson stated this project would do the opposite of that. b. The property is directly adjacent to or across a public street from property which has been developed as a RPUD or planned residential development and will be perceived as and will function as an extension of the previously planned development. Fredrickson stated the answer to that is also no. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing resident area or on an intermediate or principal arterial as defined in the Comprehensive Plan. The Community Management Plan specifically defines Highway 12 as the main artery appropriate for multi-family housing due to traffic congestion and overcapacity on County Road 15. In addition, single-family homes already exist on the hill adjacent to this property as a transition to commercial. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. Fredrickson stated by showing the appropriate size homes that would be marketable on a property at this location of 4,000 to 4,500 square feet and limiting them to three homes on the property as currently zoned, the single-family homes would preserve trees and natural terrain. Fredrickson indicated they have also done a lot of research into property valuations and that they have spoken with three real estate agents and it is their opinion the proposal would devalue property values for homes on Kelley and Carmen. Fredrickson noted the developer is suggesting twinhomes with an average price of $500,000. These lots will have no lake views and will experience extensive traffic noise from the intersection of Highways 19 and 15 from early in the morning until late evening. City Council Meeting April 27, 2015 Page 24 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 23 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Market data provided by two different real estate agents in the Navarre/Minnetonka area show twinhome sale prices over the last 15 months ranging from $180,000 to $650,000. The twinhomes located on Kelly Avenue that have beautiful park like backyards, boat docks, and full lake access have sold for less than $400,000 in 2014. Fredrickson noted it is the real estate professionals’ opinion that the project will not be successful at this price and that the developer will have to lower the price to make the homes more competitive with the market. This reduced price level will certainly impact the $1 to $4 million homes located directly across the street. None of the neighbors, nor any of the realtors who have reviewed this proposal, agree with the City Assessor that building twinhomes in this location will increase the value of the neighborhood. Fredrickson stated the development would result in the destruction of trees and the environment. The property owner purchased this land knowing that it was zoned for single-family homes. While the developer included a side-by-side drawing of four single-family homes versus four twinhomes, knowledgeable realtors and those familiar with the neighborhood know that it is ridiculous to suggest that anyone would build an 8,000 square foot home on this site since it has no views of the lake and is subjected to highway noise. Fredrickson stated the current zoning of three single-family homes will have less not more impact on the site and would require less not more clear cutting of trees even with a yard, garage, and installation of another access road off Kelly. In addition, there are major flooding issues on Kelly Avenue. Each year in the spring and sometimes during major rain storms the street will flood. Homeowners along Kelly Avenue are unable to reach their homes for several weeks at a time. Fredrickson stated the neighbors are very concerned about the additional impact construction on the hill above Kelly will have on the flooding. Fredrickson stated the flooding concerns are well documented and many photographs have been included in the Council packet. Fredrickson noted the City has made minor progress with the installation of a new culvert but that the entire proposal as recommended by Bolton & Menk has yet to be approved and implemented. The total cost of the project is $117,200. The study also did not examine any further potential impact from flooding following construction on this project. Fredrickson stated the neighbors also have considerable traffic and safety concerns. Fredrickson noted Staff concluded that there are no issues regarding traffic on Kelly and that there is no difference between single-family and multi-family housing. Fredrickson noted there was no study of how dangerous it is to exit the parking lot at Lund’s grocery store onto County Road 15 heading west and then making an immediate left turn down Kelly. As detailed to the Planning Commission at the last two meetings, which is why, in part, they voted to deny the project, there are very valid safety concerns on both Kelly Avenue and Lydiard that must be addressed in advance of any construction on this property. The issue is not just the number of cars, but it is also the concern that traffic cuts through the neighborhood in the morning, throughout the day, and in the evening in order to avoid the busy, major intersection of Highways 15/19. City Council Meeting April 27, 2015 Page 25 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 24 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Fredrickson stated if trucks are coming north on County Road 19 to Highway 15, they will cut down Lydiard to Kelly to avoid the stoplight. If they are heading east on County Road 15 and wish to go south on Highway 19, they will take a right on Kelly Avenue and cut through in order to avoid the stoplight. In addition, speeding is also very likely, which could lead to someone being injured or killed. Fredrickson stated these safety issues are real and the neighbors believe they should be addressed before additional homes and road construction begin in this neighborhood. Fredrickson noted Mr. Delaney also sent an e-mail to Mike Gaffron dated March 14, 2015, which has been included in the Council packet. This e-mail was sent two days before the March 16 Planning Commission meeting. The second paragraph of that e-mail reads as follows: “For the record on Kelly. My father granted the wetland area under the understanding that the zoning could not be taken away when the land was pledged. We now understand that the City did not live up to that agreement. I have no interest in getting legal involved but this is becoming a long and expensive project, two years. I do not believe we would have these expenses and problem if the zoning had not changed from duplex zoning to residential. Hopefully we can bring this to conclusion in the next few weeks and move forward. Thanks, David J. Delaney, Jr.” Fredrickson stated a reasonable person would see this communication as a very thinly veiled threat of litigation if the City does not approve the rezoning of his property from single-family to multi-family. Fredrickson stated it would seem logical that if Mr. Delaney had any written proof of such an agreement, he would have provided it long before now. Fredrickson stated that language has made them wonder whether that is the reason why Staff has recommended approval of the rezoning and that they are curious about what the City Attorney has to say about that. McMillan noted for the record that sometimes the recommendation of the Planning Commission and Staff are not always the same and that sometimes the City Council does not follow the recommendations of Staff or the Planning Commission. Fredrickson indicated their research to date has found no such agreement between Mr. Delaney, Sr., and the City. Fredrickson stated in summary, they appreciate the Council listening to their concerns, and that what they are really asking for tonight is that the Council make a decision to squelch multi-family on this site. Fredrickson noted Orono’s Planning Commission voted to recommend denial of the request. McMillan noted the City has been working with Hennepin County on the issues with County Roads 15 and 19 and that the City is hoping they address it in the near future. Ken Heimbach, 2525 Kelly Avenue, stated his property is located directly across the street from this proposed development and that he experiences flooding every year. Heimbach stated this property currently floods his property. Heimbach stated if they were to add that much more hardcover up above, the flooding situation will get even worse. Heimbach stated he learned in kindergarten that water seeks its own level, which is Kelly Avenue. Heimbach noted this is now the fourth meeting and that he has no idea who David Delaney is. Heimbach stated Mr. Delaney has never been at a meeting and has never been introduced to the neighbors. City Council Meeting April 27, 2015 Page 26 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 25 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Heimbach stated the only thing he knows about Dave Delaney is that every time he makes a check out to the City of Orono, it is deposited in his bank. Heimbach stated it is like Mr. Delaney is treating the neighbors like he does not care what they think or feel and that he is just interested in making money. Heimbach indicated he agrees with Council Member Cornick that this is a credibility issue and that the neighbors were lied to at the neighborhood meeting by John Bessesen. Bessesen stated he disagrees with that remark. McMillan requested Mr. Bessesen allow Mr. Heimbach to finish. Heimbach stated exactly what happened was all the same objections were raised at the first City Council meeting. As a result, it was suggested that there be a neighborhood meeting. At that meeting there was another presentation, including a phase two, which will be along County Road 19. When the meeting was not going well, John Bessesen got up and said, okay, I understand the objections, I am going to drop the twinhomes and go with single-family homes. Heimbach stated the very next day, because there was no one from the City in attendance at the meeting, he wrote Andrew Mack a letter setting forth exactly what happened at that meeting because of his concern that the meeting would be sugar coated. Heimbach stated John Bessesen lied to the neighbors and there is no doubt about it. Bessesen stated he said it would be easier for him to build four-single family houses and he had that option. Bessesen stated he has an agenda that he is doing and he has an obligation to take it through to the City Council. Bessesen indicated he is not going to stop just because someone does not like him. Any other developer will not stop because they have had one neighborhood meeting. Bessesen stated they had everything planned out and that they met with the Watershed people, the fire marshal and other people on the site. Bessesen stated they were doing their homework and that they were threatened by the neighbors because they had a sewer collapse. Bessesen stated the meeting was chaos the first time and that it has been an uphill battle. Bessesen noted this site is sitting next to a property that is zoned commercial and that he is planning on developing it. Bessesen noted almost everything in Navarre is within 1,000 feet of the lake and that perhaps the law should be changed since 1,000 feet is excessive. Bessesen stated he came to meet with the neighbors and give a presentation. Bessesen indicated he became so frustrated that he almost had to call the man from the Freshwater Institute to ask the residents to leave. Bessesen stated he has a right to take his plan to the City and he does not have to say that he is going to stop it. Bessesen noted he has had two years of this and the City had an interim planner that wasted a huge amount of their time. Bessesen stated he came to do a job and that he does not like to be called a liar. Bessesen stated he wants to make that crystal clear. Bessesen indicated he did not shake anybody’s hand except for the person that heckled him and later came up to apologize to him. Bessesen indicated he was pretty frustrated that night and that in his view the Planning Commission lost their focus. City Council Meeting April 27, 2015 Page 27 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 26 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Bessesen stated Mike Gaffron has done a tremendous job and that he can see the advantages of keeping the conservation easement in place. Bessesen stated he is not able to keep the conservation easement in place if he constructs single-family homes. Bessesen stated it is harder to put together a twinhome project than what he initially thought and that Mr. Delaney hired him to do this because he does not want to be in the limelight. Bessesen stated Mr. Delaney would like to sell the property and does not want to get involved. McMillan stated it is the prerogative of Mr. Delaney not to appear. Gary Schroeder, 2565 Kelley Avenue, stated the flooding issue on Kelly has been addressed by Orono on at least three separate times in his lifetime. Schroeder indicated he has resided on Kelly since 1996 and that the flooding has never been cured. Schroeder stated as to the recent comments by his neighbor, he would like to take a show of hands of the people who were at that meeting and believe John Bessesen said he would walk away from that program and go back to single-family homes. Schroeder stated the show of hands is enough said. McMillan noted the neighborhood meeting was not an official city meeting but that she understands the comments of the neighbors. Wasmoen stated they were before the City two years ago with a different plan and Mr. Delaney was in attendance at that meeting. Wasmoen stated he does not want to argue about whether John lied at the neighborhood meeting or not since it is pointless. Wasmoen stated what he would like to get across is that from their standpoint, they are a professional architectural design company that is trying to design a project that fits in with this neighborhood and does not create additional runoff. Wasmoen stated the flooding and the traffic issues came as a big surprise to them. Wasmoen stated they were basically coming in with a concept plan and that was the first time the neighborhood group came in in masse. Wasmoen indicated he is in agreement with the neighbors that the whole neighborhood is a wet neighborhood, but that they are building on top of the hill and trying to stop water at the top of the hill from getting down to the bottom of the hill. Wasmoen stated the development will control the runoff from the property and that civil engineers will be working with them to ensure that that happens. Wasmoen stated from that stand point, that is the one issue they can have a little bit of impact on, but that they cannot do anything about the speed of vehicles on Kelly. Wasmoen stated larger global issues are being brought in that are impacting this neighborhood and that eight townhome units will just add a few more neighbors to the neighborhood. Wasmoen indicated they did listen and that they are trying to work within the points that help make this a good development and a good neighbor. Walsh stated he respects the developer’s role in getting the best use for the land but that it should be dovetailed with the neighborhood and the zoning. Walsh stated in his view the developer should follow the current zoning codes and that he does not believe the twinhomes will work on this site. City Council Meeting April 27, 2015 Page 28 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 27 of 40 (7. #14-3686 JOHN BESSESEN AND TOM WASMOEN ON BEHALF OF DAVID DELANEY, 2500 KELLEY AVENUE continued) Cornick stated in his view it is time to make a motion and vote on the issue. Cornick moved, Levang seconded, to direct Staff to draft a resolution denying rezoning on Application No. 14-3686, John Bessesen and Tom Wasmoen on behalf of David Delaney, 2500 Kelly Avenue. McMillan stated in her view multi-family is not appropriate for this site. McMillan stated clustering of single-family homes would help preserve some of the woods on the property but that she is not going to redesign the plan. VOTE: Ayes 4, Nays 0. (Recess taken from 9:46 p.m. to 9:51 p.m.) 8. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – RESOLUTION NO. 6490 McMillan noted before the City Council tonight is a denial resolution for 1565 Orchard Beach Place. Gaffron stated the City Attorney has had a hand in drafting the denial resolution which it is before the City Council for adoption. Levang stated she has read the resolution very carefully in addition to visiting the property multiple times. Levang indicated she has listened to the comments and read the letters that have been sent. Levang stated she feels very comfortable with the resolution and that in her view the records very strongly show that this was a commons lot. Levang stated the record also shows that there are so many variances that would be required that it would make the lot very tiny. Levang noted the City Council has given the applicants an opportunity to submit a new plan and they did not. The applicants instead came back with a picture and dropped in a house but did not submit any new information. Levang stated based on that, she is not amenable to changing anything and that she is in agreement with the resolution. Cornick stated absent any new credible, believable, and workable plan, the City Council should go forward with the resolution. Levang asked if there is any representative present tonight for the applicant. Gaffron noted no one is here on behalf of the applicant. Gaffron indicated notice of the meeting was sent a couple of weeks ago and that Fred Johnson did call earlier today and asked if he needed to be at the meeting. Walsh stated in the past the City has been pretty particular about its setbacks but the thing that the City does have the ability to change is the average lakeshore setback. City Council Meeting April 27, 2015 Page 29 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 28 of 40 (8. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – RESOLUTION NO. 6490 continued) Walsh stated in his view it would be prudent from a City standpoint to give the lot owner a buildable lot by giving him the average lakeshore setback. Walsh stated that would not give him everything he wants but that it would give him a true buildable lot. Walsh stated in his view the City Attorney would feel that that is a much safer way to go forward. Walsh noted there is a potential taking issue, but the variance would give them one less argument and he would not be able to say that he does not have a buildable lot. Walsh stated what could potentially happen is that a judge could say the City overreached and the judge may give him everything he is asking for. Walsh stated the City typically does not give rear yard or side yard setbacks generally, but they have granted an average lakeshore setback a number of times, which would give them a buildable lot. McMillan noted two council meetings ago the Council asked the applicant to submit a revised plan but the applicants did not attempt to submit a revised plan and instead continued to request all the variances. McMillan stated she did not sense that there was any desire on the part of the applicant to minimize the setback. McMillan noted the City has had other applicants that are willing to mitigate the setback by only building a one-story house or changing rooflines and other things. McMillan stated in this situation the applicant was not willing to work with the variances. Walsh stated the applicant would like all or nothing but that it is still within the City’s power to give an average lakeshore setback variance. Walsh noted without the average lakeshore setback, they areunable to build anything on the lot. Walsh stated granting the variance would protect the City, which is the Council’s job, and not overreach on this application. Levang stated the Council has vetted this application a number of times and that the applicants have not done anything to change their plans. Levang stated she is not willing to change the average lakeshore setback since it is one of the City’s golden rules. Levang stated there has to be very extenuating circumstances and they do not exist in this case. Levang stated she is not willing to change the vote that was made two weeks ago. McMillan stated even with a 400-square foot house there will need to be some extensive grading, which raises the issue of whether a conditional use permit should be granted. McMillan noted it is also not assessed as a buildable lot. Walsh stated a judge will decide that. McMillan stated the judge will look at the City’s findings and the record demonstrates that this lot has a long track record of not being buildable. Walsh stated in his view the City should give the applicant something. McMillan stated it is tough on the marginal lots but that the impact on the neighborhood needs to be considered. McMillan stated if the Council is going to go down this path, they may need more public input since the last meeting was not about just granting one variance. McMillan noted the Council would also have to grant lot area and lot width variances and not just an average lakeshore setback variance. City Council Meeting April 27, 2015 Page 30 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 29 of 40 (8. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – RESOLUTION NO. 6490 continued) Gaffron stated if the City were to grant the average lakeshore setback variance, it would be similar to the Alness application since that lot also required an average lakeshore setback variance to make it buildable. Walsh stated an average lakeshore setback variance would make this a buildable lot and eliminate one of the applicants’ arguments. McMillan noted it would increase the valuation of the lot significantly. Walsh stated in his view the Council is overreaching. Levang stated the past documentation is very clear on how many times the variances have been denied, which is also documented in the resolution. Les Delton, 1535 Orchard Beach Place, stated he appreciates the time the City Council is taking on this application. Delton stated there will probably be a lawsuit but that they knew the property was unbuildable at the time they purchased the lot. Delton stated the neighbor talked to him and his mom talked to him about that. Delton stated the applicant knew at the time they bought the property that it was unbuildable. Delton stated it has also been voted down a number of times and that a house cannot go on the lot because it will not fit. Lisa Wysocki, 1555 Orchard Beach Road, stated her grandparents purchased their property in 1948 and that it is L-shaped and goes around this property. Wysocki indicated she has been attending City Council meetings since she was 16 and she has never seen a City Council be concerned about a potential lawsuit. Wysocki stated she knows the applicants’ attorney has stood up here several times and threatened a lawsuit but that she has never seen a council cow-tow to anything like that. Wysocki stated she is hoping the Council will not do that today since the lawsuit may or may not happen. Wysocki stated in addition to the average lakeshore setback, there are a number of other reasons why this property is not buildable. Wysocki stated she has been looking at this property her entire life and the water puddles and experiences runoff from other properties. Wysocki stated the lot does not meet anywhere near any of the requirements. Wysocki stated if it were close, it would be a different story, but that currently the lot is less than one-fifth the size of any home in the area. Wysocki noted the house the applicants are proposing will block their views. In the CMP Orono has language stating that there is a clear right of property owners to have a view of the lake. If there is a house built on this property, it will impede their view of the lake. Wysocki stated she feels for Patricia Pfeffer but that her husband unfortunately made a bad investment, which does not mean the rest of the neighbors need to be negatively impacted by it. Gaffron noted in the Alness application, the average lakeshore setback variance was the only variance they needed and that there was no longer a need for the width and lot area variances once that was granted. Gaffron stated the lot met the criteria under the state statute. City Council Meeting April 27, 2015 Page 31 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 30 of 40 (8. #14-3690 FRED JOHNSON (C/D PURCHASER), PATRICIA PFEFFER (SELLER), 1565 ORCHARD BEACH PLACE – RESOLUTION NO. 6490 continued) Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6490, a Resolution Denying Variances from Municipal Zoning Code Sections 78-330(b) and 78-1279(6), and Denying a Conditional Use Permit Pursuant to Sections 78-966 and 78-1286 for the Property at 1565 Orchard Beach Place. VOTE: Ayes 3, Nays 1, Walsh Opposed. *9. #15-3718 CHRISTOPHER PERRY, 1125 HUNTER DRIVE, CONDITIONAL USE PERMIT – RESOLUTION NO. 6491 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6491, a Resolution Granting a Conditional Use Permit Pursuant to Municipal Zoning Code Sections 78-418(6) and 78-1437, for the Property Located at 1125 Hunter Drive. VOTE: Ayes 4, Nays 0. *10. #15-3719 MARC AND KARI NEWELL, 3015 WATERTOWN ROAD – RESOLUTION NO. 6492 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6492, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1435, for the Property located at 3015 Watertown Road. VOTE: Ayes 4, Nays 0. 11. #15-3722 STORM WATER AND DRAINAGE TRUNK FEE REVIEW Gaffron stated one of the questions raised during previous discussions is why it is fair to charge more for large lots that have a better chance for providing stormwater management on site than smaller lots that have a greater percentage of hardcover. Staff has provided a number of exhibits to help with the review as well as a table that shows an example provided by the Mayor. Gaffron noted the focus of the review tonight is on new development only and the issue of redevelopment and charging people who are doing additions and remodels is probably not necessary tonight. Gaffron stated this is also an attempt to come up with a solution related to the Lakeview project. McMillan asked about the timeline the Council has to get something approved. Gaffron stated the developer of the Lakeview property is hoping for final plat approval in two weeks but that based on information received from the Watershed District earlier today, it might take longer for their approval than two weeks. The City Attorney has completed the first draft of the development agreement. McMillan asked if the Council could act on this at their first meeting in May. Gaffron stated he believes so and that there was some discussion about the fact that the developer could put money in an escrow account until this issue is resolved. Levang stated in her view the Council should perhaps answer the questions raised by Staff. Levang noted this money would go into the Stormwater Management Fund. City Council Meeting April 27, 2015 Page 32 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 31 of 40 (11. #15-3722 STORM WATER AND DRAINAGE TRUNK FEE REVIEW continued) Edwards stated based on Mike Gaffron’s analysis, he provided information on what they are currently looking at for stormwater in the CIP and what the City’s annual expenditures are projected to be for the stormwater versus what is received in stormwater utility fees. Edwards stated in his view there is still a need to have some kind of stormwater fee associated with development that helps continue to fund the City’s stormwater fund but that there is probably some room to tweak how those fees are collected. McMillan stated there is also the issue of fairness in regards to what other people have paid in the past. McMillan noted the developer is doing a substantial amount of restoration on the site which should benefit the stormwater. McMillan stated the City should not be penalizing people who want to build bigger lots. Levang stated she is very interested in some sort of credit program. McMillan stated the developer would like to put stormwater features in prior to the homes being constructed since they are a lot easier to install. Levang asked if the remaining undeveloped parcels in the City have the ability to conserve like what is being done at Lakeview. Gaffron stated the Eisenger property is approximately 30 acres, with approximately one-half being wetlands, one-third being landfill and approximately five to seven acres being available for development. Gaffron stated the current fee structure would charge them on either two-acre zoning, including the wetlands, or on higher density, which is a higher fee. The developer in this case has indicated they do not feel the fee is reasonable since they have opportunities on the property to do stormwater improvements. Gaffron stated the question then becomes why the City has the fee if each developer is required to perform stormwater improvements. Gaffron stated typically the fee is to handle all the stuff that is downstream from the development. Gaffron stated perhaps philosophically things have changed a little bit over the past 15 years and that developers might be held to a higher standard than what they were originally. Gaffron stated it was always intended that these stormwater trunk fees are to help pay for improvements outside the property. Walsh stated there is a need for the fee since you are constructing a house on a property that will then generate more runoff. Walsh stated in his view the fee should be simple to explain and there should not be a bunch of exemptions. Walsh stated it should be based on the amount of hardcover being proposed for the lot. Gaffron stated the whole reason for the discussion is because people put hard surface on their property and that the question is how to make it equitable. Walsh stated he does not want to penalize somebody for what they already have, and that if they tear the existing structure down and build a smaller home, they should not have to pay anything. Walsh stated the fee could be based on a percentage. City Council Meeting April 27, 2015 Page 33 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 32 of 40 (11. #15-3722 STORM WATER AND DRAINAGE TRUNK FEE REVIEW continued) Gaffron stated the City needs to collect the fees up front at the time of the development and not on a piecemeal basis. Gaffron noted the fees are not based on how much hardcover each property has. Gaffron stated he likes the idea of going on a per lot basis rather than an acreage basis, which is similar to the park dedication fee, as well as providing some credits for certain things, such as wetlands. Gaffron noted the City receives easements to protect the wetlands in new developments and that the developer probably should not have to pay for those. In addition, conservation easements that are required should probably receive a credit. Gaffron stated there are probably different ways to interpret what the existing code says, but the way it has been interpreted in the past is that in the 5-are zones they receive a 50 percent credit. That 50 percent credit means that up to half of the acreage they do not pay a fee at all. Gaffron stated they could perhaps say that they get a certain percentage off for each acre that is in conservation. Gaffron stated there are different ways to look at it and that he has attempted to lay some of those options out in the exhibits. McMillan asked if the Council should continue this in two weeks due to the lateness of the evening. Cornick stated he would like to work on it in a work session atmosphere. McMillan noted it was brought up to the City Council level since there are some developers who are waiting for the Council’s decision on this item. Walsh stated if they are just talking about new development, he does not agree with the per lot basis. Walsh stated he would assume that everyone is at 25 percent and that it should be based on the hardcover. Levang noted not everyone has 25 percent however. Walsh stated they could base it on whatever district they are in. Levang stated she likes the per lot concept since it is very explainable and that giving credit for mitigation is an important issue. Levang noted the City has been telling Lakeview that they are working on it and that she would like to be able to give them something. Levang stated she would also like the new community development director to weigh in on this subject but that unfortunately he will not be able to start until May 11. Levang stated she would like the Council to get this worked out so they can be respectful and responsive to Lakeview. McMillan asked if Soren Mattick reviewed this. Gaffron stated it is doubtful. Walsh stated per lot is just an arbitrary number and that they are not explaining how they arrived at that number. McMillan stated the City currently has a number per acre. City Council Meeting April 27, 2015 Page 34 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 33 of 40 (11. #15-3722 STORM WATER AND DRAINAGE TRUNK FEE REVIEW continued) Walsh stated that is not working, which is why they are talking about it, and now the City wants to come up with a different number. McMillan stated the Council is not necessarily discussing this because it is not working. Walsh stated it is because the City has a lot of different credits. McMillan noted the City only has a 50 percent credit in the five acre zone and that Lakeview feels they are entitled to some credit for the restoration they are doing on the site. McMillan stated what is being done at Lakeview has never been done before on such a large scale. McMillan noted the ordinance alludes to stormwater improvements that are above and beyond what are mandatory but it has never gone to the next stage and defined it. McMillan stated she is trying to keep it to what has been done in the past with just a few adjustments to make it fair to everyone in the past that has paid the fee. Walsh stated the City has to be able to justify the fee. McMillan noted the Council is revisiting this in light of Lakeview’s request and that she would be happy to discuss this item with Council Member Walsh at a different time given the lateness of the meeting. Gaffron stated if the Council has any questions or issues with the recommendations outlined in the report, he would appreciate hearing them prior to the next meeting. McMillan asked if there is any public comment regarding this item. Chaz Pearson, Land Source, stated he wants to make sure that this continues to move forward and that it does not hold them up on final plat. Pearson stated they did receive word from the Watershed District that the plan will be put before their board. Pearson stated that will take 21 days, which will push them out to the May 11 Council meeting. Pearson stated he would like to coincide the final plat approval and the fee if that is possible. Pearson noted the citizen group did receive approval on their 501(c)(3) and that they are moving forward on the park. Gaffron stated he can bring back a draft ordinance in a couple of weeks if all the Council Members provide their thoughts on it. Levang moved, Cornick seconded, to table the storm water and drainage trunk fee review. VOTE: Ayes 4, Nays 0. 12. #15-3730 AMEND FEE SCHEDULE ORDINANCE 14-128 AND AMEND CITY CODE SECTION CHAPTER 1, SECTION 8 REGARDING CODE ENFORCEMENT INSPECTIONS – ORDINANCE NOS. 144 and 145 Curtis stated based on the direction given at the February 23 Council work session, Staff has prepared two ordinances regarding enforcement of code violations and inspection fees for Council consideration. Staff is suggesting the initial inspection and first follow-up inspection be done at no cost. City Council Meeting April 27, 2015 Page 35 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 34 of 40 (12. #15-3730 AMEND FEE SCHEDULE ORDINANCE 14-128 AND AMEND CITY CODE SECTION CHAPTER 1, SECTION 8 REGARDING CODE ENFORCEMENT INSPECTIONS – ORDINANCE NOS. 144 and 145 continued) If the violation is not resolved, subsequent inspections will result in a flat inspection fee. The proposed inspection rate is based on 1.5 hours of staff time for travel, inspection, and follow-up. Walsh stated he did notice in Burnsville the third inspection fee is bumped up. Walsh asked how Orono came up with $80 versus the same general numbers that Burnsville had. Curtis stated the Burnsville model contains a citation, which Orono does not currently do. Curtis stated it is based on the work that Staff would do for each of the inspections. Walsh moved, Levang seconded, to adopt ORDINANCE NO. 144, Third Series, an Ordinance Amending and Adding a New Subsection to Chapter 1, Section 8, of the Orono City Code Regulating Violations of the Code. VOTE: Ayes 4, Nays 0. Walsh moved, Levang seconded, to adopt ORDINANCE NO. 145,Third Series, an Ordinance Amending Ordinance No. 128, Third Series, Adopting the City of Orono 2015 Fee Schedule, Adding Reinspection Fees. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT Edwards stated the Public Works Department has been making the transition from winter to summer and that they have moved on to street sweeping. Street sweeping was started in Navarre and the Public Works Department has been working their way north. Edwards indicated this year they have implemented a sample regimen from the street sweepings to determine the amount phosphorus being removed from the streets. Edwards reported he has been receiving a couple of calls a day regarding pothole repairs and that the Public Works Department did go out to some of the streets and placed some gravel as a temporary fix until the asphalt patches can be performed. Edwards stated buckthorn removal has been performed at the Long Lake Fire Station, the Orono Golf Course, and at French Creek. Edwards stated a number of improvements have taken place at the Golf Course by the volunteer group. Initially the group was going to re-carpet the entire clubhouse, but when the carpeting was pulled up, they found hardwood floors. The hardwood floors were refinished in the main area with re-carpeting being done in the side entryway and near the bathroom. Edwards stated the refinished hardwood floor provides a nice, clean look throughout the building. In addition, the volunteers have cleared out the display and counter area to make it more pleasing to the eye. The Public Works crew has been attempting to sort out the water issues on the fairways and catch basins have been created at both ends of the fairways. Edwards stated they were able to unplug the main drainage lines and that the work has made a big difference. The Public Works Department will continue to level out those fairways probably in the fall. *13. PAY REQUEST NO. 1 – WATER TREATMENT SYSTEM IMPROVEMENTS City Council Meeting April 27, 2015 Page 36 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 35 of 40 Levang moved, Cornick seconded, to approve Pay Request No. 1 to Municipal Buildings, Inc., in the amount of $46,419.85 for the Water Treatment Systems Improvement Project. VOTE: Ayes 4, Nays 0. *14. NO PARKING RESOLUTION – CSAH 112 (NORTH SIDE FROM WILLOW DRIVE TO BROWN ROAD) – RESOLUTION NO. 6493 Levang moved, Cornick seconded, to adopt RESOLUTION NO. , a Resolution Prohibiting Parking on the North Side of Wayzata Boulevard from Broad Road to Willow Drive. VOTE: Ayes 4, Nays 0. *14.5 GOLF COURSE EMPLOYEES Levang moved, Cornick seconded, to approve the hiring of the seasonal employees as highlighted in Staff’s memorandum dated April 13, 2015. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Walsh stated he attended the Intergenerational Forum and that it was a fun event with a number of different age groups in attendance. Walsh stated there were a lot of great ideas discussed about the future of Orono. Walsh noted he was not in attendance at the last Council meeting but that he was glad to see the language he requested regarding nonconformities was included in the ordinance. Walsh noted Mayor McMillan added the word legal before nonconformities which, in his view, is an over reach. Walsh stated if he reads the State language, it says that except as otherwise provided by law, any nonconformity may be continued, including through repair, replacement or improvement but not including expansion. Walsh stated since it was probably an overreach to include the word legal, he would like to have that language removed or add additional language that says, also with the exception of nonlegal, nonconformities that are known by the City. Walsh stated adding the word legal is above and beyond what the state statute says. Walsh noted the City has already been brought into a potential lawsuit last week because of that language being included. Walsh stated the City has already become embroiled in an issue because of that language and that he would ask that that be changed. McMillan requested Council Member Walsh submit the information on the lawsuit to the City Administrator. McMillan noted the Council is not able to do anything on that issue tonight. Cornick thanked the City of Orono for holding the Intergenerational Forum. Levang stated April 25 is scheduled for Orono’s one-day spring cleanup. Levang stated she is assuming a notice on the listserv will go out to the residents regarding that event. Levang noted youth 12 and under are free at the golf course, which is a great opportunity for families to get out there and golf. City Council Meeting April 27, 2015 Page 37 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 36 of 40 (MAYOR/COUNCIL REPORT continued) McMillan stated she had the honor last Thursday of presenting JEM Technical with the 2015 Manufacturer of the Year award in the small category. McMillan stated she learned that JEM Technical's 2014 revenue was just under $37 million and that they have 120 employees. JEM Technical is also getting ready to relocate their equipment to the building just south of their headquarters. McMillan stated it was a very nice event and that it is always touching to hear the story of how they got started and grew their business over the years. McMillan stated JEM Technical also hosted the Orono high school students last year so they could learn about a career in manufacturing. McMillan stated JEM Technical is a wonderful asset to the community. McMillan noted Navarre Night is scheduled for Thursday, April 30, at the Freshwater Institute, which is a celebration of Navarre. The event will have speakers as well as a book signing for the History of Navarre book. McMillan stated it should be a fun evening and that they are hoping for a good turnout at that event. McMillan suggested sending a notice on this event out on the City’s listserv. McMillan reported the Nuremberg Estate Barn is getting considered by the State Review Board for the National Register of Historic Places. McMillan reported the Lake Minnetonka Association invited the area mayors to lunch recently and that they talked about them possibly doing a regular presentation to the LMCD, such as a quarterly report, and perhaps hosting some symposiums where they talk about lake or weed management. CITY ADMINISTRATOR’S REPORT *15. POLICE OFFICER TERMINATION Levang moved, Cornick seconded, to terminate Officer Dan Niccum as a police officer with the Orono Police Department effective April 14, 2015. VOTE: Ayes 4, Nays 0. 16. REQUEST TO HIRE PART-TIME POLICE OFFICERS – RESOLUTION NOS. 6494 AND 6495 Farniok stated there are two part-time positions open. The police department utilizes part-time officers to cover various shifts and in lieu of overtime. The part-time officers are then usually hired full-time when an opportunity becomes available. Farniok stated this process was started back in July when it was determined that an officer will have a long-term injury and unable to come back to work. Farniok noted part-time officers can only work a certain number of hours on a part-time license and that they had a concern over lack of part-time officers being available. Lindsey Olson and Timothy Datwyler have completed a background investigation including a medical, psychological, and physical agility examination. Walsh asked how the police department is doing currently with the number of staff they have. Walsh noted the police department has been short two part-time people for months as well as one full-time person. City Council Meeting April 27, 2015 Page 38 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 37 of 40 (16. REQUEST TO HIRE PART-TIME POLICE OFFICERS – RESOLUTION NOS. 6494 AND 6495 continued) Farniok indicated it is a little tight since one of the part-time officers will most likely be maxed out on his hours by October at the current rate. Farniok stated this was a little unexpected since it was not initially realized that the one individual will be gone for that long. Farniok stated the hiring process takes a number of weeks, followed by another 14 to 18 weeks of training for the officers. Farniok stated the current part-time officers are probably close to the point where they should be receiving prorated benefits. Walsh asked if the part-time officers are guaranteed a minimum number of hours. Farniok stated during FTO they attempt to get them full-time hours, which is a 16 to 18 week process. After that there are no guarantees and it is whatever shifts are available. Walsh asked if Chief Farniok would rather have officers given an opportunity for overtime versus hiring new people with benefits. Walsh stated they perhaps could hire just one part-time guy and forego the full-time guy and the other part-time guy. Farniok stated what they are seeing as a trend is a smaller and smaller candidate pool. Farniok stated candidates are also dropping out of the skills portion of the program. Farniok indicated they use the part- time officers as stepping stones to full-time officers. Last year the police department’s overtime was well below the budgeted amount. Farniok stated they tend to get more bang for the buck with the part-time officers than with paying overtime. Walsh stated he would like to understand the staffing needs better before he approves hiring a bunch of people. Farniok stated the Police Department has certain staffing requirements with the contract cities that they must meet and that they were not expecting an officer to be out for nine months and then not be able to come back. Walsh asked where they are at with staffing levels. Farniok stated they are reaching the minimum and that if more part-time officers are not hired, they will likely have to pay overtime. Walsh asked if it would be more efficient to hire more part-time officers than it would be to hire another full-time officer. Farniok indicated it would be difficult to retain part-time officers if they are not given hours and that the part-time officers are given an opportunity to become full-time when a position opens up. Farniok stated without sufficient part-time officers, they would be looking at paying overtime. Farniok stated if Council Member Walsh would like to see a reduction in staffing, that could be something that could be brought before the Police Commission. McMillan stated in her view Chief Farniok has done a very good job with recruiting part-time officers and giving them an opportunity to become full-time. McMillan stated she trusts his decision in this regard. City Council Meeting April 27, 2015 Page 39 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 38 of 40 (16. REQUEST TO HIRE PART-TIME POLICE OFFICERS – RESOLUTION NOS. 6494 AND 6495 continued) Levang stated the City receives nothing but glowing reports on the Police Department and that Chief Farniok is doing an excellent job. Levang moved, Cornick seconded, to authorize the hiring of Lindsey Olson and Timothy Datwyler Resolution Nos. 6494 and 6495 as part-time police officers at a pay rate of $24.67 per hour with a start date of April 14, 2015. VOTE: Ayes 4, Nays 0. 17. REQUEST TO HIRE FULL-TIME POLICE OFFICER Walsh stated he has the same comments with respect to this item. Levang moved, Cornick seconded, to authorize the hiring of Joshua Raze as a full-time police officer, effective April 14, 2015, at a pay rate of $27.97. VOTE: Ayes 3, Nays 1, Walsh Opposed. *18. ACCEPT DONATION – RESOLUTION NO. 6496 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6496, a Resolution Accepting the Donation from the Stephen Larson Memorial Orono Police Fund, with the money being used toward the purchase of exercise equipment and a thermal night vision scope. VOTE: Ayes 4, Nays 0. *19. DISPOSAL OF POLICE DEPARTMENT SQUAD CAR Levang moved, Cornick seconded, to approve the liquidation of a 2011 Ford Crown Victoria VIN# 2FABP7BV2BX171770, and a 2011 Dodge Charger, VIN# 2B3CL1CT3BH565374. The Dodge Charger will be traded to Burnsville Dodge and the Ford Crown Victoria will be auctioned through the Minneapolis Auto Auction or other similar public auction. VOTE: Ayes 4, Nays 0. 20. COMMUNITY DEVELOPMENT DIRECTOR APPOINTMENT Loftus thanked the Council Members Walsh and Levang as well as Mayor McMillan for participating in the selection of a new community development director. Loftus stated Jeremy Barnhart has been employed with the City of Elk River for nine years in community development and also previously worked in the City of Watertown. Loftus indicated Mr. Barnhart would be able to start May 11. Walsh stated in his view he is very well qualified and that he is looking forward to having him on board. Walsh moved, Levang seconded, to appoint Jeremy Barnhart to the position of Community Development Director. VOTE: Ayes 4, Nays 0. 21. REQUEST FOR PROPOSALS (RFP) FOR COMPENSATION STUDY Loftus stated the City received five bids to complete a compensation study. The low cost firm, Springsted, has a quality proposal if the Council is willing to extend the original completion deadline to City Council Meeting April 27, 2015 Page 40 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 39 of 40 (21. REQUEST FOR PROPOSALS (RFP) FOR COMPENSATION STUDY continued) September instead of June. If the Council would like to use the compensation study during budget discussions this summer, the recommendation would be to stick to the timeline and award the project to the next lowest bidder, Abdo, Eick & Meyers. Levang stated in her view the timeline is important and that it would be helpful to have the compensation study when the Council is going through the budget process. Loftus noted the budget process starts in June and July and that employee compensation is typically looked at in September. Cornick stated in his view Abdo did a very professional job with their proposal. Levang moved, Cornick seconded, to approve the proposal submitted by Abdo, Eick & Meyers at a cost of $12,000 for the completion of a compensation study, with a deadline of two months. VOTE: Ayes 4, Nays 0. *22. TEMPORARY PART-TIME EMPLOYEES Levang moved, Cornick seconded, to approve the hiring of Bonnie Kaster and Sandi Larson as part-time employees for the Laserfiche scanning project. VOTE: Ayes 4, Nays 0. *23. LICENSES AND PERMITS Residential Kennel Licenses 1. Jon Chance 248 Cygnet Place 2. Leslie and Jerad Hahn 809 Brown Road North 3. Scott and Jamie Honour 1725 Bohns Point Road 4. Steve Johnston 2335 Shadowood Drive 5. David and LuAnn Runkle 2684 Casco Point Road Limited Firearms Use Permit 1. Michael McKeand 60-day Firearms Use Permit City Council Meeting April 27, 2015 Page 41 of 257 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 40 of 40 (*23. LICENSES AND PERMITS continued) Levang moved, Cornick seconded, to approve the above listed licenses and permits. VOTE: Ayes 4, Nays 0. *24. CLAIMS/BILLS Levang moved, Cornick seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT, CONTINUED Loftus stated the open book meeting is scheduled for this Wednesday from 4:00 to 6:30 in Council chambers. Loftus stated that is an opportunity for the residents to discuss any concerns they might have with the valuation of their property or sales information. Loftus noted last week the docks for Big Island were installed. Loftus stated the open house for the Highway 112 turnback is scheduled for April 22 from 4:00 to 6:30 at the Lake Community Bank. The open house will give the public the opportunity to look at the first phase of the plan. Construction is slated to begin in 2017. CITY ATTORNEY’S REPORT None ADJOURNMENT Levang moved, Cornick seconded, to adjourn the Orono City Council meeting at 11:15 p.m. VOTE: Ayes 4, Nays 0. ATTEST ___________________________________ ______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor City Council Meeting April 27, 2015 Page 42 of 257 3, 73 6.4© Bolton & Menk, Inc - Web GIS 0 Legend 04-27-2015 Council Agenda This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not responsible for any inaccuracies herein contained. Disclaimer: 4/24/2015 9:37 AM 2,616 Feet Roads U.S Trunk Highway Minnesota Trunk Highway County Highway Local Roads Private Streets Railroad City Limits Date Application Received: 8/19/14 Date Application Considered as Complete: 8/19/14 Initial 60-Day Review Period Expiry: 10/19/14 60-Day Extension Notification 9/19/14, Extended to: 12/19/14 90-Day Extension Request Letter Rcvd. 11/17/14, Extended to: 3/19/15 90-Day Extension Request Letter Rcvd. 3/4/15, Extended to: 6/17/15 REQUEST FOR COUNCIL ACTION Date: April 27, 2015 Item No.: 3 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron JML Planning Dept. Title: Senior Planner ______________________________________________________________________________ Item Description: 14-3686 John Bessesen & Tom Wasmoen o/b/o David Delaney - Property address: “2500” Kelly Avenue - RPUD Rezoning - Denial Resolution ______________________________________________________________________________ List of Exhibits A - Resolution for Denial B - Council Draft Minutes 4/13/15 At its April 13 meeting Council voted 4-0 to direct staff to draft a resolution for denial of the proposed rezoning to RPUD of the property at 2500 Kelly Avenue. A resolution for denial is attached for Council consideration and adoption. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution Denying a Rezoning to Residential Planned Unit Development for the Property at 2500 Kelly Avenue - File #14-3686. City Council Meeting April 27, 2015 Page 43 of 257 City Council Meeting April 27, 2015 Page 44 of 257 City Council Meeting April 27, 2015 Page 45 of 257 City Council Meeting April 27, 2015 Page 46 of 257 City Council Meeting April 27, 2015 Page 47 of 257 City Council Meeting April 27, 2015 Page 48 of 257 City Council Meeting April 27, 2015 Page 49 of 257 City Council Meeting April 27, 2015 Page 50 of 257 City Council Meeting April 27, 2015 Page 51 of 257 City Council Meeting April 27, 2015 Page 52 of 257 City Council Meeting April 27, 2015 Page 53 of 257 City Council Meeting April 27, 2015 Page 54 of 257 City Council Meeting April 27, 2015 Page 55 of 257 City Council Meeting April 27, 2015 Page 56 of 257 City Council Meeting April 27, 2015 Page 57 of 257 City Council Meeting April 27, 2015 Page 58 of 257 City Council Meeting April 27, 2015 Page 59 of 257 City Council Meeting April 27, 2015 Page 60 of 257 City Council Meeting April 27, 2015 Page 61 of 257 City Council Meeting April 27, 2015 Page 62 of 257 Date Application Received: NA Date Application Considered as Complete: NA 60-Day Review Period Expires: NA REQUEST FOR COUNCIL ACTION Date: 23 April 2015 Item No. 4 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc Planning Title: Planner Item Description: 15-3711 – Amend Chapter 86: Buildings and Building Regulations Ordinance Amend Sections 86-66 and 86-68 regarding landscape permits and survey requirements - Ordinance List of Exhibits: Exhibit A. Draft Ordinance – Amending Sections 86-66 & 86-68 Exhibit B. Proposed Survey and Site Plan Requirements Information Exhibit C. Existing Code Language: Sec. 86-66 & 86-68; and Sec. 78-966 – 78-968 In the Fall of 2014 staff presented a number of code amendments to the Council and Planning Commission for prioritization. Within the list of proposed amendments was a text amendment which proposed two things: 1) introduced a required separate zoning permit for landscaping for new home permits; and, 2) modified the requirement for submittal of a certificate of survey for minor building and site grading permits by allowing a site plan signed by a licensed professional if an existing survey is on file for small additions, decks, grading work, etc. As a housekeeping item, sign permits are not currently included within the list of required permits in Section 86-66 and should be added for consistency; additionally, permits for water wells are obtained through the Minnesota Department of Health, not the City, and therefore sould be removed from the City required permits. A large percentage of the post-building permit issues we encounter are associated with unpermitted or unapproved landscaping changes or additions to the building permit-approved plan. Often times a builder will have a plan prepared which meets the City’s requirements for grading, hardcover, etc but is not the finished landscape the homeowner desires. Therefore, upon the home’s completion a landscape professional will be contracted to provide a finished yard for the homeowner which may involve additional hardcover: patios, retaining walls, paths, etc, or modifies the approved grading plan. This results in a site that does not conform to the approved plan and delays the issuance of a certificate of occupancy. Staff proposes to institute a requirement for a separate landscaping (zoning) permit to be issued to the landscape contractor specifically prior to the commencement of any finished landscaping on the property. The builder and homeowner will be notified of this additional permit requirement at the time of building permit issuance to allow time for the homeowner to engage a landscape professional and develop a landscape plan well in advance of the final grading etc on the property. Staff has prepared a draft ordinance which accomplishes the following: 1.Adds sign permit to the list of required building permits in Section 86-66(a) and removes water wells; City Council Meeting April 27, 2015 Page 63 of 257 #15-3711 – Amend Secs. 86-66 & 86-68 Page 2 of 2 2. Establishes a requirement for a separate zoning permit for any landscaping work associated with a building permit in Section 86-68(b); and 3. Allows for a site plan prepared by a licensed professional to be submitted in the place of an updated survey for building and grading permits in certain situations Section86-68(b)(1). The site plan must conform to the City’s Survey and Site Plan Requirements as outlined on the informational sheet (Exhibit B). The language does not allow submittal of a site plan instead of a survey for new homes or complete reconstructs. Staff Recommendation The Council should review and discuss the proposed amendments. Planning staff recommends approval of the draft ordinance. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the draft ordinance. City Council Meeting April 27, 2015 Page 64 of 257 City Council Meeting April 27, 2015 Page 65 of 257 City Council Meeting April 27, 2015 Page 66 of 257 City Council Meeting April 27, 2015 Page 67 of 257 City Council Meeting April 27, 2015 Page 68 of 257 City Council Meeting April 27, 2015 Page 69 of 257 City Council Meeting April 27, 2015 Page 70 of 257 Date Application Received: NA Date Application Considered as Complete: NA 60-Day Review Period Expires: NA REQUEST FOR COUNCIL ACTION Date: April 23, 2015 Item No: 5 Department Approval: Administrator Approval: Agenda Section: Name: Mike Gaffron Planning Title: Senior Planner Item Description: Storm Water & Drainage Trunk Fee Review - Draft Ordinance for Discussion List of Exhibits A - Draft Ordinance B - Discussion of Suggested 5-acre & 2-acre Fee Revisions and Reapportionment Option C - Council Draft Minutes 4/13/15 D - Memo and Exhibits dated 4/9/15 E - 4/13/15 Handouts: Fee Per Lot and Conservation Credit Examples The attached draft ordinance for potential revisions to the Storm Water and Drainage Trunk Fee (SW&DT Fee) structure is presented for discussion. The ordinance as drafted is based on the assumption that Council accepts the original basis and methodology for the SW&DT Fee in 2002 that established a dollar amount per acre and equivalency factors for the various zoning district densities (See Exhibit B of 4/9 memo and existing code sections 14-282 and 14-283 for details on this). Under this assumption, reapportionment of the fee structure for better perceived equity between large and small lots based on average assigned hardcover amounts by zoning district (per Exhibit E, Options 1 or 2, of 4/9 memo) is not proposed. Staff will review this reapportionment concept further with Council if desired. The proposed changes as they appear in the attached draft ordinance would do the following: 1. Incorporates a definition of New Development into Section 14-284, and revises the definition of redevelopment in Section 14-285. 2. In Section 14-284, incorporates provisions for how various types of subdivision configurations will be charged the SW&DT Fee. 3. Adds Section 14-288 regarding provisions for crediting past payments. 4. Revises the reduction provisions appearing below the Land Use Equivalency Factor table in Section 14-283(c) to accomplish the following: a. For the 5-acre zone, reduces the maximum fee-calculable acreage per new lot from 7.0 acres to 5.0 acres, and establishes that the fee is charged just to acreage in Lots, City Council Meeting April 27, 2015 Page 71 of 257 SW&DT Fee April 23, 2015 Page 2 not to acreage outside of lots (such as in road outlots, etc.). Keeps the existing credit for perimeter buffers and drainageway buffers as-is, subject to a credit no greater than 50% of the 5-acre base lot. These revisions functionally negate the need to give a reduction for wetlands, as each 5-acre lot must have 5-acres of dry buildable land and would only be charged for its 5 dry-buildable acres. b. For the 2-acre zones, reduces the maximum fee-calculable acreage per new lot from 4.0 acres to 2.0 acres, and establishes that the fee is charged just to acreage in lots, not to acreage outside of lots. Optional further 2-acre zone reductions: If desired by Council, an overall development acreage credit for one or more of the following can be established: - all wetland acreage to the boundary delineation line - all areas in easements for stormwater ponding - all conservation easements resulting from Conservation Design process - drainageways in easements (but not for standard perimeter D&U easements) An example of how this would be applied is provided in Exhibit B. Staff has drafted this as a maximum 25% credit for discussion purposes. c. For the 1-acre and 1/2-acre zones, establishes the maximum fee-calculable acreage per new lot at 1.0 acre and 0.5 acres respectively, and establishes that the fee is charged just to acreage in lots, not to acreage outside of lots. No reductions or credits are proposed for these zones. d. For multi-family and higher-density residential developments, the ordinance has been drafted to remain on a per-total-acres basis rather than a per lot basis, but allowing a calculable acreage reduction for all acreage of delineated wetland and stormwater ponding areas. 5. At this time, no revisions to the commercial/industrial fee structure are proposed. Staff Recommendation The draft ordinance attached is presented to give Council an opportunity to provide staff with clear direction as to what code revisions Council desires. Council may choose to accept specific revisions and reject others, or provide direction to incorporate additional specific provisions. Based on Council’s consensus, staff will make whatever changes Council directs and bring back a final draft ordinance for consideration at you next meeting. COUNCIL ACTION REQUESTED Motion to direct staff to make specific revisions to the draft ordinance and prepare a final version for adoption. City Council Meeting April 27, 2015 Page 72 of 257 City Council Meeting April 27, 2015 Page 73 of 257 City Council Meeting April 27, 2015 Page 74 of 257 City Council Meeting April 27, 2015 Page 75 of 257 City Council Meeting April 27, 2015 Page 76 of 257 City Council Meeting April 27, 2015 Page 77 of 257 City Council Meeting April 27, 2015 Page 78 of 257 City Council Meeting April 27, 2015 Page 79 of 257 City Council Meeting April 27, 2015 Page 80 of 257 City Council Meeting April 27, 2015 Page 81 of 257 City Council Meeting April 27, 2015 Page 82 of 257 City Council Meeting April 27, 2015 Page 83 of 257 City Council Meeting April 27, 2015 Page 84 of 257 City Council Meeting April 27, 2015 Page 85 of 257 City Council Meeting April 27, 2015 Page 86 of 257 City Council Meeting April 27, 2015 Page 87 of 257 City Council Meeting April 27, 2015 Page 88 of 257 City Council Meeting April 27, 2015 Page 89 of 257 City Council Meeting April 27, 2015 Page 90 of 257 City Council Meeting April 27, 2015 Page 91 of 257 City Council Meeting April 27, 2015 Page 92 of 257 City Council Meeting April 27, 2015 Page 93 of 257 City Council Meeting April 27, 2015 Page 94 of 257 City Council Meeting April 27, 2015 Page 95 of 257 City Council Meeting April 27, 2015 Page 96 of 257 City Council Meeting April 27, 2015 Page 97 of 257 City Council Meeting April 27, 2015 Page 98 of 257 City Council Meeting April 27, 2015 Page 99 of 257 City Council Meeting April 27, 2015 Page 100 of 257 City Council Meeting April 27, 2015 Page 101 of 257 City Council Meeting April 27, 2015 Page 102 of 257 City Council Meeting April 27, 2015 Page 103 of 257 City Council Meeting April 27, 2015 Page 104 of 257 City Council Meeting April 27, 2015 Page 105 of 257 City Council Meeting April 27, 2015 Page 106 of 257 City Council Meeting April 27, 2015 Page 107 of 257 City Council Meeting April 27, 2015 Page 108 of 257 City Council Meeting April 27, 2015 Page 109 of 257 City Council Meeting April 27, 2015 Page 110 of 257 City Council Meeting April 27, 2015 Page 111 of 257 City Council Meeting April 27, 2015 Page 112 of 257 City Council Meeting April 27, 2015 Page 113 of 257 City Council Meeting April 27, 2015 Page 114 of 257 City Council Meeting April 27, 2015 Page 115 of 257 City Council Meeting April 27, 2015 Page 116 of 257 City Council Meeting April 27, 2015 Page 117 of 257 City Council Meeting April 27, 2015 Page 118 of 257 City Council Meeting April 27, 2015 Page 119 of 257 City Council Meeting April 27, 2015 Page 120 of 257 City Council Meeting April 27, 2015 Page 121 of 257 City Council Meeting April 27, 2015 Page 122 of 257 City Council Meeting April 27, 2015 Page 123 of 257 City Council Meeting April 27, 2015 Page 124 of 257 City Council Meeting April 27, 2015 Page 125 of 257 City Council Meeting April 27, 2015 Page 126 of 257 City Council Meeting April 27, 2015 Page 127 of 257 City Council Meeting April 27, 2015 Page 128 of 257 City Council Meeting April 27, 2015 Page 129 of 257 City Council Meeting April 27, 2015 Page 130 of 257 City Council Meeting April 27, 2015 Page 131 of 257 City Council Meeting April 27, 2015 Page 132 of 257 City Council Meeting April 27, 2015 Page 133 of 257 City Council Meeting April 27, 2015 Page 134 of 257 City Council Meeting April 27, 2015 Page 135 of 257 City Council Meeting April 27, 2015 Page 136 of 257 Date Application Received: 03/17/15 Date Application Considered as Complete: 03/17/15 120-Day Review Period Expires: 05/16/15 REQUEST FOR COUNCIL ACTION Date: 21 April 2015 Item No. 6 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc Title: Planner Item Description: #15-3726 – Gregory White – Lot Line Rearrangement 4245 Bayside Road / PID 06-117-23-13-0001 (Todd & Lisa Sylvester) 4355 Bayside Road / PID 06-117-23-12-0007 (Greg & Lynn White) 4375 Bayside Road / PID 06-117-23-12-0008 (Steve & Patricia White) Zoning District: LR-1A Single Family Lakeshore Residential, 2.0 acres/200’ RR-1A Single Family Rural Residential, 5.0 acre/300’ RR-1B Single Family Rural Residential, 2.0 acre/200’ List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Existing/Proposed Survey Exhibit C. Colored Existing/Proposed Exhibits Exhibit D. PC Memo & Exhibits 04/14/15 Application Summary: The applicant is requesting approval of a lot line rearrangement between each of the three properties at 4245 Bayside Road; 4355 Bayside Road; and 4375 Bayside Road as indicated on Exhibits B and C. The lot line rearrangement will not result in the creation of a new buildable lot or any new nonconformity for any of the properties involved. Planning Commission Recommendation On April 20, 2015 the Planning Commission voted 5 to 0 to recommend approval. The public hearing was held and one member of the audience wanted clarification about whether or not a new buildable lot was being created as part of this application or if a new, separate application would be necessary to do so. Planning Staff Recommendation The applicant has provided new proposed legal descriptions for each property. Staff recommends approval of the lot line rearrangement as proposed, subject to the following conditions: 1.The east 4.61 acre portion of the 4355 Bayside property shall be combined with 4245 Bayside and not remain as a standalone lot as a result of this approval; likewise the northern 7.06 acre portion of the 4355 Bayside property shall be combined with the 4375 Bayside property at the time of resolution recording; and 2.The applicant will be required to record new deeds based on the new legal descriptions. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the attached resolution approving the lot line rearrangement. City Council Meeting April 27, 2015 Page 137 of 257 City Council Meeting April 27, 2015 Page 138 of 257 City Council Meeting April 27, 2015 Page 139 of 257 City Council Meeting April 27, 2015 Page 140 of 257 City Council Meeting April 27, 2015 Page 141 of 257 City Council Meeting April 27, 2015 Page 142 of 257 City Council Meeting April 27, 2015 Page 143 of 257 City Council Meeting April 27, 2015 Page 144 of 257 City Council Meeting April 27, 2015 Page 145 of 257 City Council Meeting April 27, 2015 Page 146 of 257 City Council Meeting April 27, 2015 Page 147 of 257 City Council Meeting April 27, 2015 P a g e 1 4 8 o f 2 5 7 City Council Meeting April 27, 2015 P a g e 1 4 9 o f 2 5 7 City Council Meeting April 27, 2015 P a g e 1 5 0 o f 2 5 7 City Council Meeting April 27, 2015 Page 151 of 257 City Council Meeting April 27, 2015 Page 152 of 257 City Council Meeting April 27, 2015 Page 153 of 257 City Council Meeting April 27, 2015 Page 154 of 257 City Council Meeting April 27, 2015 Page 155 of 257 City Council Meeting April 27, 2015 P a g e 1 5 6 o f 2 5 7 City Council Meeting April 27, 2015 Page 157 of 257 City Council Meeting April 27, 2015 Page 158 of 257 City Council Meeting April 27, 2015 Page 159 of 257 City Council Meeting April 27, 2015 Page 160 of 257 City Council Meeting April 27, 2015 Page 161 of 257 City Council Meeting April 27, 2015 Page 162 of 257 City Council Meeting April 27, 2015 Page 163 of 257 City Council Meeting April 27, 2015 Page 164 of 257 REQUEST FOR COUNCIL ACTION DATE: April 27, 2015 ITEM NO: 7 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards JML Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ______ _______________________________________________________________________ Item Description: Appointment of 2015 Seasonal Parks Maintenance Employee ______________________________________________________________________________ 1. Purpose. The purpose of this action item is to gain Council approval of one seasonal park employee. 2. Compensation. The pay is proposed to be $10.00 per hour with an average of 30 hrs per week from April to October. Seasonal employees are excluded from PERA membership if certain conditions exist. Employees can be hired under the maximum earnings provision which limits annual compensation to $5100 without any restrictions on the number of months worked or on a 6 month timeframe where the employees work for no more than 185 days. This position will fall under the 6 month PERA Classification. 3. Seasonal Employee Candidate. Name Position Wage ($/hr) Rebecca Anderson Seasonal Parks Maintenance Worker $10.00 4. Recommendation. Approve the hire of the seasonal parks maintenance worker in Table 3. COUNCIL ACTION REQUESTED: Consider a motion to approve hiring the seasonal employee. City Council Meeting April 27, 2015 Page 165 of 257 City Council Meeting April 27, 2015 Page 166 of 257 REQUEST FOR COUNCIL ACTION DATE: April 27, 2015 ITEM NO.: 8 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards ATE Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ______________________________________________________________________________ Item Description: Lurton Park Right of Way Prairie Restoration _____________________________________________________________________________ Exhibits A. Lurton Park Memo, dated August 18th, 2014 B. Prairie Restoration Proposal 1.Purpose. The purpose of this action is to gain council approval to enter into a contract with Prairie Restoration to restore the right of way portion of the Lurton Park to Prairie. 2.Background. In 2014 the Lurton family made the City aware of a number of improvements and maintenance items for Lurton Park (Exhibit A). One of the improvements requested was the restoration of the Right of way Portion of the Park to Prairie. A proposal from Prairie Restoration is included at Exhibit B. Prairie Restoration completed a similar project in the main prairie area of Lurton Park in 2011 with maintenance and burns thru 2013. 3.Status of other works at Lurton Park. Since the memo of August 18th, 2014 several improvements have been completed including: a.Installation of new bollards b. Paving of the parking lot c.Installation of parks rules sign d. Installation of parking signs e.Installation of trail signs 4.Other works planned. a.Mowing per agreed patterns with contractor will begin in May b. Concrete pads under picnic tables will be completed in May (previously approved) c.Trail maintenance (Wood Chips) this summer d. Maintenance of existing Prairie ($1750 with Prairie Restoration) 5.Recommendation. I recommend approval of the contract with Prairie Restoration. The contract will take place over four years including monitoring and maintenance. 6.Cost and Funding. The restoration costs are listed in the table below. The contract will be funded out of the Lurton Park Fund. The fund balance is currently $76,165. Year Activity Cost 2015 Site Prep and Seeding $5500.00 2015 Growing Season Maintenance $1100.00 Estimated 2016 Growing Season Maintenance $1450.00 Estimated 2017 Growing Season Maintenance $1450.00 Estimated 2018 Growing Season Maintenance and Burn $1250.00 Estimated COUNCIL ACTION REQUESTED: Move to approve the attached proposal with Prairie Restoration to restore and then maintain the Lurton Park right of way area to Prairie. City Council Meeting April 27, 2015 Page 167 of 257 City Council Meeting April 27, 2015 Page 168 of 257 City Council Meeting April 27, 2015 Page 169 of 257 1 Date: 3/31/2015 Proposal to Create a Native Landscape at the Susan E. Lurton Park- Right of Way Prairie Area Orono, MN Prepared for: City of Orono, MN 55356 Prepared by: Mark Simenson Site Manager 952-955-3400 msimenson@prairieresto.com P.O. Box 1127 Watertown, MN 55388 www.prairieresto.com City Council Meeting April 27, 2015 Page 170 of 257 2 A. Company Background: (Follow the blue links to learn more) Prairie Restorations, Inc. (PRI) has been dedicated to the restoration and management of native plant communities for over 34 years. We are fortunate to have worked with thousands of clients on a wide variety of projects in both the public and private sectors throughout the Upper Midwest. The PRI staff currently consists of 45 full-time professionals and about an equal number of seasonal employees which operate out of six Minnesota locations. Most of the staff has B.S. degrees in natural resource related fields such as biology, forestry, horticulture or wildlife. As a full service restoration company, PRI is able to provide our clients expertise and service in all facets of native landscape restoration. Along with consulting, design, installation and land management services, we also produce our own local ecotype seed and plant materials which are used on all of our projects. The PRI Team is committed to and passionate about protecting and enhancing our valuable natural resources. It is this dedication that is brought to each and every one of our projects. We are proud to offer the best expertise, services and products available in the industry and appreciate the opportunity to provide you with this proposal. B. Project Overview: 1. Establishing a native landscape in this area will provide a long term, ecologically sound landscape that is adapted to the existing conditions of the site. This nativ e landscape will not require irrigation, black dirt or other soil amendments. It will add a distinctive look to the property as well as provide valuable habitat for songbirds and butterflies. 2. The tall grass prairie area will be seeded with native prairie grasses and wildflowers. 3. To establish this planting, the site will be treated with herbicide to kill existing weeds, burned, resprayed and then interseeded with native grasses and wildflowers. C. Site preparation: 1. In areas with actively growing vegetation apply Roundup Originalmax® and Garlon 3A® herbicide as per manufacturer’s directions. Allow a minimum of 30 days before disturbing the vegetation with other procedures. City Council Meeting April 27, 2015 Page 171 of 257 3 2. Burn off the dead vegetation by implementing a controlled burn using appropriate procedures, equipment and permits. 3. Allow the site to regreen and then spray a second time with Roundup Originalmax® to control unwanted vegetation. Allow a minimum of 10 days before disturbing the vegetation with other procedures. D. Seed and Seeding: 1. Seeding dates shall be in the spring or summer before August 10 th or in the fall between September 20th and freeze-up. 2. All grass seed shall be interseeded with a Truax® or Tye® seed drill. 3. All wildflower seed shall be applied by broadcasting. 4. The seed mixes shall consist of the following species and amounts: Grasses 12 lbs./acre; 3 acres PRI Mixed Height Mesic Grass Mix: 33% Big bluestem, 23% Little bluestem, 22% Indian grass, 10% Side oats grama, 5% Canada wild rye, 1% Switch grass by PLS weight. 3% June grass, 1% Prairie dropseed, 2% Sand dropseed by bulk weight .............................................. 36 lbs. Note: A wheat or oat cover crop can be sown along with the native grasses at a rate of approximately 25 lbs. per acre. Wheat/oats is an annual grass species that germinates quickly and will reduce the risk of soil erosion on the site. Wildflowers 2 lbs./acre; 3 acres PRI Mixed Height Mesic Wildflower Mix: 15% Purple prairie clover, 13% Black-eyed Susan, 11% Hoary vervain, 10% White prairie clover, 9% Leadplant, 6% Common ox-eye, 4% Fragrant giant hyssop, 4% Smooth aster, 4% Azure aster, 3% Bush clover, 3% Wild bergamot, 3% Stiff goldenrod, 3% Blue vervain, 3% Golden Alexander, 2% Gray goldenrod, 1% Common milkweed, 1% Stiff tickseed, 1% Canada tick trefoil, 1% Meadow blazing star, 1% Prairie cinquefoil, 1% Mountain mint, 0.5% Yarrow, 0.5% Northern bedstraw, all by bulk weight .................... 96 oz. City Council Meeting April 27, 2015 Page 172 of 257 4 E. Erosion Control: 1. An oat or wheat cover crop will be sown along with the native grasses. F. Management: 1. Management (maintenance) plays a vital role in the eventual success of any native landscape installation, especially during the establishment period. 2. During the first growing season the project area may need to be mowed to control annual weed development. If a “closed” canopy of weed cover develops, it should be mowed to aid in the growth of the prairie seedlings by reducing competition. Mowing may also be necessary if the weeds are about to set seed. Optimum cutting height, depending on the wildflower species present, is typically 4 to 6 inches. Mowings done by PRI will be billed separately unless they are included as part of the installation contract. 3. In years following the first growing season, management services could include site monitoring, prescribed burning, mowing, spot spraying, spot mowing, herbicide wicking or hand weeding. PRI provides estimates for management services on an annual basis prior to the growing season. Most of these services are billed on a time and materials basis and the annual estimates are not exceeded without client approval. Some services such prescribed burning are provided as a lump sum cost. A summary of billing rates and materials costs will be provided with the estimate. G. Anticipated Management: Year Projected Management Procedures 2015 Complete site mowings to control annual weed canopy (2 or 3 mowings as needed). Project monitoring 2016 Complete site mowing Integrated Plant Management (IPM) - spot spraying, spot mowing, wicking, hand weeding, etc (2-3 visits are typical) Project monitoring City Council Meeting April 27, 2015 Page 173 of 257 5 2017 IPM Project monitoring 2018 Spring burn to encourage native plant growth and to help deter the presence of non-native and woody species. IPM Project monitoring H. Costs: Site preparation (includes all herbicide applications and controlled burn) ................... $2200 Seed and seeding as specified ..................................................................... $3300 Total ................................................................ $5500.00 Estimated maintenance costs Growing season 2015……………$1100 Growing season 2016……………$1450 Growing season 2017……………$1450 Growing season 2018……………$1250 + burn Please note: Maintenance is typically billed on a time and materials basis. Work is billed upon completion until the site’s maintenance needs are met (the yearly estimate is not exceeded without prior approval). Also note that the first three years of a restoration are the most crucial in terms of needed maintenance. Typically, costs decrease once the restoration reaches a relative level of maturity (after the 3 rd or 4th growing season) Note: PRI will provide a follow-up consultation approximately 1 month after the completion of the project (if the project was seeded in the fall, the consultation will occur the following spring). The Restorationist (or salesperson) will meet with the project owner to assess the status of the project, answer any questions, and provide any necessary recommendations. This follow-up consultation will be provided at no additional cost. I. Guarantee: Prairie Restorations, Inc. (PRI) has a great tradition of successfully installing native landscapes throughout the Upper Midwest. We feel our expertise in this industry is second to none and we stand behind every one of our projects. Because we are confident in our abilities to provide you with the best possible materials and services, we are proud to offer the following guarantee: On projects installed by PRI crews within the specified dates, we will guarantee successful establishment within three full growing seasons, given the following conditions: City Council Meeting April 27, 2015 Page 174 of 257 6 1. That PRI materials and PRI installation services are used on the project. 2. That the failure of the project is not due to the actions of others. 3. That PRI staff has been consistently involved with the maintenance of the project (consultation with the client or direct utilization of PRI management services) from the time of germination until the end of the third growing season (i.e. mowing, spot spraying, controlled burning). This outline provides a step-by-step plan for accomplishing the restoration of this site. If successful establishment does not occur within three full growing seasons, all necessary steps will be taken to ensure the eventual success of the project, at no additional charge. For purposes of this guarantee, successful establishment is defined as follows: That the presence of at least 75% of the original seeded or planted species can be found on site, and that the overall density of vegetation is comprised of no less than 75% native species. J. Contract: If you accept the proposal as written and want to proceed with the project, please sign the contract below and return via mail or fax to 952-955-3401. Owner: _____________________________Date:___________________ Signed: _____________________________Title:___________________ Project: _______________________Contract Value: $______________ Contractor: Prairie Restorations, Inc. Signed: _________________________________Date: _______________ Mark Simenson – Site Manager Prairie Restorations, Inc. P.O. Box 1127 Watertown, MN 55388 K. Notes: Please note that this proposal is valid for 4 months (from the date on the proposal). If the proposal is accepted after the 4 month period, PRI reserves the right to modify the proposal based on cost fluctuations and material availability. Restoration outline prepared by Prairie Restorations, Inc. (PRI), Watertown, Minnesota .pro City Council Meeting April 27, 2015 Page 175 of 257 City Council Meeting April 27, 2015 Page 176 of 257 REQUEST FOR COUNCIL ACTION DATE: April 27, 2015 ITEM NO: 9 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards ATE JML Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ______________________________________________________________________________ Item Description: Park Maintenance Contract with Sentence to Serve (STS) _____________________________________________________________________________ Exhibit A. STS Contract for Summer 2015 1.Purpose. The purpose of this action is to gain council approval to enter into a contract with Hennepin County Sentence to Serve (STS) for park maintenance. 2.Background. Recognizing a need to provide increased attention to the maintenance of the City’s parks, the City Council increased the Parks Budget for 2015. A couple areas requiring emphasis are buckthorn removal and general trash and debris clean up. Both of these activities are labor and time intensive. The STS program provides individuals sentenced to community service to support the maintenance needs of the municipalities in Hennepin County. The program offers 3 “complimentary” days per year, which Orono has taken advantage of the last two years with excellent results. To establish a regular service the program requires municipalities to offset some of the expense of the program and enter into a contract. The 2015 rate is $346.40 per day per crew. A crew is a correctional officer with 6-10 STS members. 3.Recommendation. I recommend establishing a contract with STS for three days of work a month from May thru October; a total of 19 crew days. The contract is a not to exceed $6500. This would provide a cost effective method to complete some of the labor intensive maintenance operations in our parks. 4.Funding. The contract will be funded out of the Parks Budget. COUNCIL ACTION REQUESTED: Consider a motion to approve the attached contract with Hennepin County Sentence to Serve for park maintenance not to exceed $6500. City Council Meeting April 27, 2015 Page 177 of 257 Contract No. A153386 SENTENCING TO SERVICE PROGRAM SERVICES AGREEMENT WITH THE CITY OF ORONO This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), on behalf of the Hennepin County Department of Community Corrections and Rehabilitation, C-2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487 (“DEPARTMENT”), and the CITY OF ORONO, 2750 Kelley Parkway Orono, MN 55356 (“CITY”). WHEREAS, the COUNTY operates the Sentencing to Service Program (STS Program) which offers offenders an opportunity to learn landscape maintenance and other marketable skills; and WHEREAS, the CITY wishes to purchase the services of the STS Program; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CITY agree as follows: 1. TERM AND COST OF THIS AGREEMENT This Agreement shall be in effect from May 1, 2015 through December 31, 2015, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement, including all reimbursable expenses, shall not exceed Six Thousand, Five Hundred Dollars ($6,500.00). 2. SERVICES TO BE PROVIDED The CITY wishes to utilize the services of the STS Program participants to perform labor intensive park and facility maintenance (the “Work”). 3. RESPONSIBILITIES OF THE DEPARTMENT The DEPARTMENT agrees to the following with respect to the Work requested: A. Provide nineteen work crews, at the request of the City of Orono, for the period of May 1, 2015 through December 31, 2015 for a minimum of six (6) hours per day, excluding paid breaks. A work crew will consist of an average of six (6) participants per day. (STS Form/Governmental Unit Svcs Agr–Revised 12/2014) Page 1 of 6 City Council Meeting April 27, 2015 Page 178 of 257 B. Provide COUNTY employed crew leader who will be responsible for the transportation, instruction, and supervision of the STS Program work crew. C. Provide required personal safety equipment and clothing needed for specific work. D. Provide basic landscaping tools and equipment needed for specific work. E. Train each STS Program work crew in necessary safety principles and techniques. F. Provide quarterly reports to the CITY that show the number of days worked and total hours of service received. G. Assume all medical liability for the STS Program participants. 4. RESPONSIBILITIES OF THE CITY The CITY agrees to the following: A. Obtain all necessary permits or licenses or special authority for all Work. B. Assign all work and coordinate material purchases and delivery for projects to be performed. 5. COST AND PAYMENT FOR SERVICES A. The CITY shall pay the COUNTY: 1. Six Thousand, Five Hundred Dollars ($6,500.00) in 2015 for the services described in this Agreement. B. Payment for services performed by the COUNTY shall be paid by the CITY within thirty (30) days from the date of invoice. The COUNTY will invoice for services at the end of each calendar quarter that work is performed. 6. INDEPENDENT CONTRACTOR Nothing is intended or should be construed as creating or establishing the relationship of co- partners between the parties or as constituting either party as the agent, representative, or employee of the other party for any purpose. Each party is and shall remain an independent contractor for all services performed under this Agreement. Each party shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel or other persons engaged in the performance of any work or services required by a party will have no contractual relationship with the other party and will not be considered employees of the other party. 7. INDEMNIFICATION (STS Form/Governmental Unit Svcs Agr–Revised 12/2014) Page 2 of 6 City Council Meeting April 27, 2015 Page 179 of 257 Each party agrees that it will be responsible and agrees to defend, indemnify, and hold harmless the other party, its officials, officers, agents, and employees for its own errors, acts, and omissions and the results thereof to the extent authorized by the law and shall not be responsible for the errors, acts, and omissions of the other party and the results thereof. Notwithstanding anything to the contrary in this Section 7, the COUNTY shall have no liability to the CITY for any cause under or related to this Agreement for any consequential, special, incidental, punitive, or indirect damages (including without limitation loss of profit, revenue, business opportunity, or business advantage), whether based upon a claim or action of tort, contract, warranty, negligence, strict liability, contribution, or any other legal theory or cause of action. Each party’s liability shall be governed by and limited in accordance with Minnesota Statutes, Chapter 466. 8. DATA PRACTICES Both parties shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws, rules, regulations, and orders relating to data privacy and confidentiality. 9. SUBCONTRACTING AND ASSIGNMENTS Neither party shall assign, subcontract, transfer, or pledge this Agreement, in whole or in part, without the prior written consent of the other party. 10. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 11. DEFAULT AND CANCELLATION A. If either party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of this Agreement, it shall be in default. Unless the default is excused by the nondefaulting party, the nondefaulting party may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure of the CITY to comply with the terms of this Agreement shall be just cause for the COUNTY to immediately cease providing services under this Agreement until the CITY’s compliance. (STS Form/Governmental Unit Svcs Agr–Revised 12/2014) Page 3 of 6 City Council Meeting April 27, 2015 Page 180 of 257 B. The above remedies shall be in addition to any other right or remedy available to the parties under this Agreement, law, statute, rule, and/or equity. C. Either party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of this Agreement. D. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice. 12. CONTRACT ADMINISTRATION In order to coordinate the services of the CITY with the activities of the DEPARTMENT, so as to accomplish the purposes of this Agreement, John Ekholm, Corrections Program Manager, Hennepin County Department of Community Corrections & Rehabilitation, Community Offender Management Division, 3000 North Second Street, Minneapolis, Minnesota 55411, or his successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and the CITY. CITY Project Contact: Tim Amundsen Parks Supervisor City of Orono 2750 Kelley Parkway Orono, MN 55356 Office: (952)249-4670 Fax: (952) 249-4616 Email: tamundsen@ci.orono.mn.us CITY Billing Contact: Adam Edwards Director of Public Works City of Orono 2750 Kelley Parkway Orono, MN 55356 Office: (952) 249-4661 Fax: (952) 249-4616 Email: aedwards@ci.orono.mn.us 13. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating DEPARTMENT at the address given in the opening paragraph of this Agreement. Notice to the CITY shall be sent to the address stated in the opening paragraph of this Agreement. (STS Form/Governmental Unit Svcs Agr–Revised 12/2014) Page 4 of 6 City Council Meeting April 27, 2015 Page 181 of 257 14. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK (STS Form/Governmental Unit Svcs Agr–Revised 12/2014) Page 5 of 6 City Council Meeting April 27, 2015 Page 182 of 257 Contract No. A153386 COUNTY BOARD AUTHORIZATION Reviewed by the County COUNTY OF HENNEPIN Attorney’s Office STATE OF MINNESOTA ______________________________ By: ______________________________________ Chair of Its County Board Date: _________________________ Date: _____________________________________ ATTEST: _________________________________ Deputy/Clerk of County Board Date: _____________________________________ And: _____________________________________ Assistant/Deputy/County Administrator Date: _____________________________________ CITY OF ORONO The CITY warrants that the person who executed this Agreement is authorized to do so as required by applicable articles, bylaws, resolutions, or ordinances.* By: ____________________________________ Its: ____________________________________ Date: ____________________________________ And: ____________________________________ Its: ____________________________________ Date: ____________________________________ *The CITY shall submit applicable documentation (articles, bylaws, resolutions, or ordinances) that confirms the signatory’s delegation of authority. This documentation shall be submitted at the same time this Agreement is returned to the COUNTY. (STS Form/Governmental Unit Svcs Agr–Revised 12/2014) Page 6 of 6 City Council Meeting April 27, 2015 Page 183 of 257 City Council Meeting April 27, 2015 Page 184 of 257 REQUEST FOR COUNCIL ACTION DATE: April 27, 2015 ITEM NO: 10 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson JML City Administrator’s Report Title Finance Director _____________________________________________________________________________ Item Description: 1st Quarter Financial Report __________________________________________________________________________ Year to date General Fund budget information is attached. This is for informational purposes and no action is required. COUNCIL ACTION REQUESTED: No action required. City Council Meeting April 27, 2015 Page 185 of 257 City Council Meeting April 27, 2015 Page 186 of 257 City Council Meeting April 27, 2015 Page 187 of 257 City Council Meeting April 27, 2015 Page 188 of 257 City Council Meeting April 27, 2015 Page 189 of 257 City Council Meeting April 27, 2015 Page 190 of 257 City Council Meeting April 27, 2015 Page 191 of 257 City Council Meeting April 27, 2015 Page 192 of 257 City Council Meeting April 27, 2015 Page 193 of 257 City Council Meeting April 27, 2015 Page 194 of 257 City Council Meeting April 27, 2015 Page 195 of 257 City Council Meeting April 27, 2015 Page 196 of 257 City Council Meeting April 27, 2015 Page 197 of 257 City Council Meeting April 27, 2015 Page 198 of 257 City Council Meeting April 27, 2015 Page 199 of 257 City Council Meeting April 27, 2015 Page 200 of 257 City Council Meeting April 27, 2015 Page 201 of 257 City Council Meeting April 27, 2015 Page 202 of 257 City Council Meeting April 27, 2015 Page 203 of 257 City Council Meeting April 27, 2015 Page 204 of 257 City Council Meeting April 27, 2015 Page 205 of 257 City Council Meeting April 27, 2015 Page 206 of 257 City Council Meeting April 27, 2015 Page 207 of 257 City Council Meeting April 27, 2015 Page 208 of 257 City Council Meeting April 27, 2015 Page 209 of 257 City Council Meeting April 27, 2015 Page 210 of 257 City Council Meeting April 27, 2015 Page 211 of 257 City Council Meeting April 27, 2015 Page 212 of 257 City Council Meeting April 27, 2015 Page 213 of 257 City Council Meeting April 27, 2015 Page 214 of 257 City Council Meeting April 27, 2015 Page 215 of 257 City Council Meeting April 27, 2015 Page 216 of 257 City Council Meeting April 27, 2015 Page 217 of 257 City Council Meeting April 27, 2015 Page 218 of 257 City Council Meeting April 27, 2015 Page 219 of 257 City Council Meeting April 27, 2015 Page 220 of 257 City Council Meeting April 27, 2015 Page 221 of 257 City Council Meeting April 27, 2015 Page 222 of 257 City Council Meeting April 27, 2015 Page 223 of 257 City Council Meeting April 27, 2015 Page 224 of 257 REQUEST FOR COUNCIL ACTION DATE: April 27, 2015 ITEM NO: 11 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson JML Title Finance Director City Administrator’s Report Item Description: Orono Police Garage - Pay Request #8 Attachments: Kraus Anderson, the Construction Manager for the garage project, has submitted pay request number eight on behalf of the contractors working on the project. The pay request is for $8,160.50. Including this pay request, a total of $2,535,039.34 (92%) of the $2,753,125.00 contract has been paid. The contractors and amounts are as follows: Description Amount Lambert Construction $ 8,160.50 COUNCIL ACTION REQUESTED: Consider a motion to approve the payments to the contractors working on the Orono Police Garage Project as listed in an amount totaling $8,160.50. City Council Meeting April 27, 2015 Page 225 of 257 City Council Meeting April 27, 2015 Page 226 of 257 City Council Meeting April 27, 2015 Page 227 of 257 City Council Meeting April 27, 2015 Page 228 of 257 City Council Meeting April 27, 2015 Page 229 of 257 City Council Meeting April 27, 2015 Page 230 of 257 City Council Meeting April 27, 2015 Page 231 of 257 City Council Meeting April 27, 2015 Page 232 of 257 City Council Meeting April 27, 2015 Page 233 of 257 City Council Meeting April 27, 2015 Page 234 of 257 REQUEST FOR COUNCIL ACTION DATE: April 27, 2015 ITEM NO: Department Approval: Administrator Reviewed: Agenda Section: Name: Diane Tiegs dlt JML City Administrator’s Report Title: City Clerk Item Description: Limited Use Firearms Permit Mr. Roller of 3125 Fox Street, has submitted an application for a Limited Firearms Use Permit for target practice on his property. All required paperwork has been submitted and reviewed by the Orono Police Department. Mr. Roller has 6.48 acres and will be required to abide by the restrictions stated in the Limited Firearms Use permit. COUNCIL ACTION REQUESTED: Council to consider a motion to approve the above listed license. City Council Meeting April 27, 2015 Page 235 of 257 12 LIMITED FIREARMS USE PERMIT Fee: $25.00 OCCASIONAL PERMIT EFFECTIVE: April 28, 2015 THIS PERMIT AUTHORIZES Name: Michael Roller Type of Firearms Rifle Use: Target Practice Only Address: 3125 Fox Street RESTRICTIONS: This permit is issued for the above purpose. Appropriate target backstop is required to keep BBs/pellets on the property. No discharge is to be done within 100 feet of property lines or toward any buildings. All youth must have adult supervision. Property owner must notify neighbors of the approved permit for target practice. The hunting of game animals or game birds is prohibited in the City unless specifically stated in this permit. The holder must obey all of the laws and ordinances of the United States, State of Minnesota, County of Hennepin, and City of Orono in the use of this permit. The permit may be revoked at any time by the City of Orono by notifying the holder in accordance with the ordinance granting the permit. Date issued: April 28, 2015 (SEAL) _____________________________________ Diane Tiegs, City Clerk REQUEST FOR COUNCIL ACTION DATE: April 27, 2015 ITEM NO: Department Approval: Administrator Reviewed: Agenda Section: Name: Diane Tiegs dlt JML City Administrator’s Report Title: City Clerk Item Description: Transient Merchant License Renaissance Fireworks TRANSIENT MERCHANT LICENSE Applicant: Mark Lazarchic/Renaissance Fireworks Inc. Activity: Sale of Consumer Fireworks Location: 3435 Shoreline Drive Date: July 19 through July 5, 2015 Time: 10:00 a.m. to 9:00 p.m. Mr. Lazarchich has submitted an application for a transient merchant license to sell fireworks from a tent located in the parking lot at 3435 Shoreline Drive. Orono's code currently allows a transient merchant to be licensed initially for 10 days, with the option for the City Council, at its sole discretion, to grant an extension for up to 50 additional days. In addition, the code limits the hours of activity from 8:00 am to 8:00pm. Mr. Lazarchic has also submitted the attached request for Council approval to allow 7 additional days of activity and an additional 1 hour of evening sales each day. The transient merchant and sale of consumer fireworks applications have been reviewed by staff and the Long Lake Fire Chief with recommendation for approval of the activity as well as the requested additional days and hours of operation; provided no problems are reported. Although Council approval is not required for the Sale of Consumer Fireworks permit, a draft copy is attached for Council review. Council approved a similar transient merchant license for a different company in 2009, 2010 and 2011 for the sale of consumer fireworks for 10 days at the same location with the hours of operation from 9:00am- 9:00 pm. Council also approved a transient merchant license for Renaissance Fireworks in 2012 and 2013 for the sale of consumer fireworks for 7 additional days at the same location with the hours of operation from I 0:00am - 9:00pm. One concern was received last season from a bicyclist regarding the gravel from the parking area drifting onto the sidewalk and roadway. The applicant has submitted a plan to monitor the area and sweep when debris is on the sidewalk and shoulder area of the roadway. COUNCIL ACTION REQUESTED: Council to consider a motion to approve the above listed license. City Council Meeting April 27, 2015 Page 237 of 257 City Council Meeting April 27, 2015 Page 238 of 257 City Council Meeting April 27, 2015 Page 239 of 257 City Council Meeting April 27, 2015 Page 240 of 257 REQUEST FOR COUNCIL ACTION Date: April 27, 2015 Item No. 13 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson JML City Administrator’s Title: Finance Director Report Item Description: Claims/Bills The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 102623 to 102703, totaling $399,084.30. Noteworthy payments include: City of Long lake $ 178,193.50 This is the first and second quarter fire service contract payment. SEH Design Build $ 4,900.00 This is the first year’s maintenance contract payment for the North Water Tower. The contract is through 2018. US Bank National Association $ 25,095.98 Reimbursement to Orono Woods Senior Housing of the property taxes paid on the captured value of the TIF Development. The City retains 10% of the taxes collected to cover administrative costs. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City Council Meeting April 27, 2015 Page 241 of 257 City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ACCURINT 04/27/2015 102623 1297291-201 101-42110-311 Mar contract fee Police Department 117.00 Total 102623:117.00 ADVANCED IMAGING SOLUTIO 04/27/2015 102624 71209 101-41900-401 printer maint contract 4/09 to 5/10 Central Services 108.94 ADVANCED IMAGING SOLUTIO 04/27/2015 102624 71209 101-42110-401 printer maint contract 4/09 to 5/10 Police Department 136.18 ADVANCED IMAGING SOLUTIO 04/27/2015 102624 71209 602-49450-401 printer maint contract 4/09 to 5/10 Sewer 27.24 Total 102624:272.36 ALTERNATIVE BUSINESS FURN 04/27/2015 102625 49603 437-48970-560 desk/workstation 1,340.35 Total 102625:1,340.35 BCA FORENSIC SCIENCE LAB 04/27/2015 102626 229640 101-42110-311 CJDN connect and operation charge Police Department 510.00 Total 102626:510.00 BCA TRAINING & DEVELOPME 04/27/2015 102627 7940 101-42110-437 training J. McCoy Police Department 285.00 Total 102627:285.00 BOLTON & MENK INC.04/27/2015 102628 176068 101-43280-307 Willow Hill Special Services 535.00 BOLTON & MENK INC.04/27/2015 102628 176651 101-43170-304 As built review Willow N Engineering 75.00 BOLTON & MENK INC.04/27/2015 102628 176652 408-48800-590 Navarre lighting 283.00 BOLTON & MENK INC.04/27/2015 102628 176653 602-16500 CIPP Rehab/manhole lining 798.00 BOLTON & MENK INC.04/27/2015 102628 176654 601-16500 North system well 300.00 BOLTON & MENK INC.04/27/2015 102628 176656 601-16500 Well house/WTP improvement 6,927.33 BOLTON & MENK INC.04/27/2015 102628 176657 651-49910-304 MS4 Admin Storm Water 3,121.00 BOLTON & MENK INC.04/27/2015 102628 176658 402-48056-304 Watertown Rd imp Watertown Road 39,199.00 BOLTON & MENK INC.04/27/2015 102628 176659 602-49450-304 sewer mapping Sewer 670.00 BOLTON & MENK INC.04/27/2015 102628 176659 651-49910-304 Storm sewer mapping Storm Water 370.00 BOLTON & MENK INC.04/27/2015 102628 176667 101-43170-304 Baldur Park Rd Engineering 600.00 BOLTON & MENK INC.04/27/2015 102628 176670 601-49400-304 Hydrant maps Water 220.00 BOLTON & MENK INC.04/27/2015 102628 176670 601-49400-304 Utility maps Water 133.75 BOLTON & MENK INC.04/27/2015 102628 176670 602-49450-304 Utility maps Sewer 133.75 BOLTON & MENK INC.04/27/2015 102628 176670 601-49400-304 Wellhead protection ord Water 168.00 BOLTON & MENK INC.04/27/2015 102628 176670 651-49910-304 drainage issues Storm Water 30.00 BOLTON & MENK INC.04/27/2015 102628 176671 101-43280-304 300 6th Ave North Special Services 75.00 BOLTON & MENK INC.04/27/2015 102628 176672 101-43280-304 12-0975 Nelson restoration project Special Services 75.00 City Council Meeting April 27, 2015 Page 242 of 257 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC.04/27/2015 102628 176679 101-43280-304 Lakeview Addn Special Services 270.00 Total 102628:53,983.83 BOYER TRUCKS 04/27/2015 102629 155970 651-49910-402 #460 repairs Storm Water 134.75 Total 102629:134.75 BYERS, CAROLYN 04/27/2015 102630 415115 999-10015 UB refund 148.95 Total 102630:148.95 CAMPBELL KNUTSON 04/27/2015 102631 2717-000G1 101-41600-307 Gen Legal/staff/review Law/Legal Services 1,152.42 CAMPBELL KNUTSON 04/27/2015 102631 2717-000G1 101-42400-307 B&Z assistance 3/15 Building & Zoning 528.50 CAMPBELL KNUTSON 04/27/2015 102631 2717-000G1 101-41600-307 ordinances Law/Legal Services 1,038.50 CAMPBELL KNUTSON 04/27/2015 102631 2717-000G1 101-41600-307 Council meetings 3/15 Law/Legal Services 1,410.50 CAMPBELL KNUTSON 04/27/2015 102631 2717-000G1 101-42400-307 staff meetings 3/15 Building & Zoning 1,488.00 CAMPBELL KNUTSON 04/27/2015 102631 2717-004G1 101-42110-307 Police matters Police Department 201.50 CAMPBELL KNUTSON 04/27/2015 102631 2717-115G6 101-41600-308 Code enforcement/ordinance violations Law/Legal Services 310.00 CAMPBELL KNUTSON 04/27/2015 102631 2717-150G4 101-43290-800 litigation Special Projects-Contingencies 992.00 CAMPBELL KNUTSON 04/27/2015 102631 2717-201G3 101-41600-307 misc recordings Law/Legal Services 656.67 CAMPBELL KNUTSON 04/27/2015 102631 2717-265G1 101-43280-307 13-3639 405 North Arm Dr Special Services 297.50 CAMPBELL KNUTSON 04/27/2015 102631 2717-277G1 101-43280-307 3208-1 Orono Mini storage Special Services 17.00 CAMPBELL KNUTSON 04/27/2015 102631 2717-315G5 101-43280-307 14-3685 2350 Watertown Special Services 90.00 CAMPBELL KNUTSON 04/27/2015 102631 2717-323G4 101-43280-307 14-3690 1565 Orchard Beach Pl Special Services 90.00 CAMPBELL KNUTSON 04/27/2015 102631 2717-334G5 101-41600-307 Pyle land registration Law/Legal Services 31.00 CAMPBELL KNUTSON 04/27/2015 102631 2717-343G1 101-43280-307 15-3721 1432 Shoreline Dr Special Services 45.00 CAMPBELL KNUTSON 04/27/2015 102631 2717-344G1 101-43280-307 14-3687 3700 Northern Ave Special Services 202.50 CAMPBELL KNUTSON 04/27/2015 102631 2717-345G1 101-43280-307 15-3717 1340 Fox St Special Services 67.50 CAMPBELL KNUTSON 04/27/2015 102631 2717-346G1 101-43280-307 14-3686 2500 Kelly Ave Special Services 67.50 CAMPBELL KNUTSON 04/27/2015 102631 2717-347G1 225-45215-307 Purchase option-Hackberry 139.50 CAMPBELL KNUTSON 04/27/2015 102631 2717-348G1 101-43280-307 15-3723 405 North Arm Dr Special Services 585.00 Total 102631:9,410.59 CARDMEMBER SERVICE 04/27/2015 102632 JL41315 101-41300-439 meeting with Navarre committee-Hans Administration 5.19 Total 102632:5.19 CECE S SIGNS 04/27/2015 102633 6593 602-49450-406 signs Sewer 202.00 City Council Meeting April 27, 2015 Page 243 of 257 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 102633:202.00 CHUNKS LAKESHORE AUTO 04/27/2015 102634 12667 101-42110-402 #238 oil change Police Department 42.74 CHUNKS LAKESHORE AUTO 04/27/2015 102634 12670 101-42110-402 #232 oil change, stabilizer repair Police Department 177.03 CHUNKS LAKESHORE AUTO 04/27/2015 102634 12674 101-42110-402 #223 oil change, throttle body test Police Department 81.15 CHUNKS LAKESHORE AUTO 04/27/2015 102634 12684 101-42110-402 #237 oil change, tire rotation Police Department 74.03 CHUNKS LAKESHORE AUTO 04/27/2015 102634 12690 101-42110-402 #228 oil change Police Department 45.79 CHUNKS LAKESHORE AUTO 04/27/2015 102634 12700 101-42110-402 #229 oil change, tire repair Police Department 143.53 Total 102634:564.27 CITY OF LONG LAKE 04/27/2015 102635 201349 101-42260-318 1st Qtr 2015 fire contract Fire Protection Services 89,096.75 CITY OF LONG LAKE 04/27/2015 102635 201349 101-42260-318 2nd Qtr 2015 fire contract Fire Protection Services 89,096.75 Total 102635:178,193.50 City of Orono Utilities 04/27/2015 102636 33115 101-41900-382 City Hall 1st Qtr UB Central Services 150.01 City of Orono Utilities 04/27/2015 102636 33115 101-42110-382 PD 1st Qtr UB Police Department 150.01 City of Orono Utilities 04/27/2015 102636 33115 101-41900-382 PW 1st Qtr UB Central Services 200.96 City of Orono Utilities 04/27/2015 102636 33115 101-41900-382 Post Office 1st Qtr UB Central Services 151.46 City of Orono Utilities 04/27/2015 102636 33115 101-45210-381 GC UB Golf Course 135.58 City of Orono Utilities 04/27/2015 102636 33115 601-49400-382 Water Plant 1st Qtr UB Water 269.92 Total 102636:1,057.94 CODE 3 04/27/2015 102637 1041442 101-42110-221 repairs Police Department 49.00 Total 102637:49.00 CORREY FARNIOK 04/27/2015 102638 40915 101-41300-439 reimb water for meeting Administration 14.97 Total 102638:14.97 COUNTRY CAKE CUPBOARD 04/27/2015 102639 40915 101-41300-439 food for intergenerational event Administration 865.00 Total 102639:865.00 CREATIVE SERVICES OF NEW 04/27/2015 102640 15-09-9995 101-42110-240 badge stickers Police Department 155.95 City Council Meeting April 27, 2015 Page 244 of 257 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 102640:155.95 DALE SERVICES INC 04/27/2015 102641 12677 101-45210-404 GC window repair Golf Course 268.19 Total 102641:268.19 DAY DISTRIBUTING CO 04/27/2015 102642 798396 101-45210-091 beer Golf Course 295.60 Total 102642:295.60 DELTA DENTAL 04/27/2015 102643 5967335 101-15998 003722072 May Cobra 516.30 DELTA DENTAL 04/27/2015 102643 5967335 101-21709 003722072 May Dental 1,220.45 Total 102643:1,736.75 DPC INDUSTRIES 04/27/2015 102644 827000523-1 601-49400-216 chemicals Water 303.00 Total 102644:303.00 ECM PUBLISHERS INC 04/27/2015 102645 206323 101-41900-352 legal ads Central Services 733.08 Total 102645:733.08 EGAN 04/27/2015 102646 10116802 602-49450-406 LS 6 repairs Sewer 2,454.71 Total 102646:2,454.71 ESS BROTHERS & SONS 04/27/2015 102647 1236 101-45210-223 GC drainage repair Golf Course 800.00 Total 102647:800.00 FERGUSON WATERWORKS #2 04/27/2015 102648 0129254 602-49450-406 GS 4 repairs Sewer 1,045.92 FERGUSON WATERWORKS #2 04/27/2015 102648 127120 601-49400-227 water meters Water 2,245.15 Total 102648:3,291.07 G & K SERVICES 04/27/2015 102649 1006846184 101-43000-226 uniform Public Works Department 23.39 G & K SERVICES 04/27/2015 102649 1006846184 601-49400-226 uniform Water 11.69 G & K SERVICES 04/27/2015 102649 1006846184 602-49450-226 uniform Sewer 11.70 City Council Meeting April 27, 2015 Page 245 of 257 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount G & K SERVICES 04/27/2015 102649 1006846184 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 04/27/2015 102649 1006857616 101-43000-226 uniform Public Works Department 23.39 G & K SERVICES 04/27/2015 102649 1006857616 601-49400-226 uniform Water 11.70 G & K SERVICES 04/27/2015 102649 1006857616 602-49450-226 uniform Sewer 11.69 G & K SERVICES 04/27/2015 102649 1006857616 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 04/27/2015 102649 1006860104 101-41900-404 council chambers mats Central Services 10.80 G & K SERVICES 04/27/2015 102649 1006860106 101-41900-404 city hall mats Central Services 21.20 Total 102649:138.32 GARY L FISCHLER & ASSOCIAT 04/27/2015 102650 6441 101-42110-319 pre employmnet screening Police Department 525.00 GARY L FISCHLER & ASSOCIAT 04/27/2015 102650 6458 101-42110-319 pre employmnet screening Police Department 525.00 GARY L FISCHLER & ASSOCIAT 04/27/2015 102650 6486 101-42110-319 pre employmnet screening Police Department 525.00 Total 102650:1,575.00 GENUINE PARTS COMPANY/NA 04/27/2015 102651 267920 101-43000-222 air filter Public Works Department 23.48 Total 102651:23.48 GOVT FINANCE OFFICERS ASS 04/27/2015 102652 139995-15 101-41500-433 2015 membership R. Olson Finance Department 170.00 Total 102652:170.00 GULLICKSON, FRITZ 04/27/2015 102653 41015 101-22205 Escrow refund 2014-00907 2,500.00 Total 102653:2,500.00 HD SUPPLY WATERWORKS LT 04/27/2015 102654 745226 101-45210-223 GC drainage repair Golf Course 62.00 Total 102654:62.00 HENN COUNTY TREAURER 04/27/2015 102655 41315 101-22205 Escrow refund 15-3704 7,500.00 Total 102655:7,500.00 INTOXIMETERS 04/27/2015 102656 494973 101-42110-221 mouthpieces Police Department 95.00 Total 102656:95.00 City Council Meeting April 27, 2015 Page 246 of 257 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount LAMBERT COMMERCIAL CONS 04/27/2015 102657 8 437-48970-520 Police garage project RFP #8 8,160.50 Total 102657:8,160.50 LEAGUE OF MN CITIES INS TR 04/27/2015 102658 29695 703-49960-151 WC audit 991.00 Total 102658:991.00 LEAP MANUFACTURING LLC 04/27/2015 102659 250 101-43000-224 hot mix asphalt Public Works Department 119.97 Total 102659:119.97 LOGIS 04/27/2015 102660 39916 101-42110-401 Adj Police IP range Police Department 315.00 LOGIS 04/27/2015 102660 39916 101-41900-401 MS Licensing quote Central Services 315.00 LOGIS 04/27/2015 102660 39916 101-41900-401 remove old server Central Services 52.50 LOGIS 04/27/2015 102660 39948 101-42110-575 police switch config Police Department 840.00 LOGIS 04/27/2015 102660 39948 101-42110-401 police backup research Police Department 52.50 LOGIS 04/27/2015 102660 39948 101-41900-401 NOVA VPN access Central Services 52.50 LOGIS 04/27/2015 102660 39976 101-42110-310 police records 3/15 Police Department 5,347.00 LOGIS 04/27/2015 102660 39976 101-42110-329 internet 3/15 Police Department 193.50 LOGIS 04/27/2015 102660 39976 101-41900-329 internet 3/15 Central Services 193.50 LOGIS 04/27/2015 102660 40041 101-41900-416 Orono Public Golf domain Central Services 41.79 Total 102660:7,403.29 LONG LAKE TRUE VALUE 04/27/2015 102661 B251960 101-45210-201 supplies Golf Course 59.40 LONG LAKE TRUE VALUE 04/27/2015 102661 B252142 101-45200-225 park supplies Parks 28.97 LONG LAKE TRUE VALUE 04/27/2015 102661 B252896 101-45200-225 park supplies Parks 10.98 Total 102661:99.35 MADISON NATIONAL LIFE 04/27/2015 102662 1167258 101-21713 May LTD 1,431.82 Total 102662:1,431.82 MANSFIELD OIL COMPANY 04/27/2015 102663 307689 101-43000-212 Diesel Public Works Department 21.09 MANSFIELD OIL COMPANY 04/27/2015 102663 307690 101-42110-212 Fuel PD Police Department 2,665.10 MANSFIELD OIL COMPANY 04/27/2015 102663 407179 101-43000-212 Diesel Public Works Department 426.24 MANSFIELD OIL COMPANY 04/27/2015 102663 407180 101-42110-212 Fuel PD Police Department 2,305.82 City Council Meeting April 27, 2015 Page 247 of 257 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 102663:5,418.25 MET COUNCIL ENVIRONMENTA 04/27/2015 102664 1043410 601-49400-441 discharge permit fee Water 375.00 Total 102664:375.00 METRO WEST INSPECTIONS S 04/27/2015 102665 41015 101-42400-319 Mar inspection services Building & Zoning 8,387.25 Total 102665:8,387.25 MIDWEST COCA COLA BOTTLI 04/27/2015 102666 138569001 101-45210-092 beverages Golf Course 261.48 MIDWEST COCA COLA BOTTLI 04/27/2015 102666 138569401 101-45210-092 beverages Golf Course 954.36 MIDWEST COCA COLA BOTTLI 04/27/2015 102666 178055522 101-45210-092 credit for returns Golf Course 98.16- Total 102666:1,117.68 MINNEAPOLIS OXYGEN COMP 04/27/2015 102667 171123223 101-43000-415 oxygen, acetylene Public Works Department 25.42 MINNEAPOLIS OXYGEN COMP 04/27/2015 102667 171123224 101-42110-221 oxygen Police Department 40.30 Total 102667:65.72 MINNESOTA PIPE & EQUIPMEN 04/27/2015 102668 330904 601-49400-240 curb stop wrench Water 77.94 MINNESOTA PIPE & EQUIPMEN 04/27/2015 102668 330905 601-49400-240 hydrant marker holder Water 35.00 Total 102668:112.94 MN DEPT OF REVENUE-WIRE 04/27/2015 102669 33115 101-34210 Mar sales tax 3.00 MN DEPT OF REVENUE-WIRE 04/27/2015 102669 33115 101-37990 Mar sales tax 39.00 Total 102669:42.00 MN GOLF COURSE SUPTS. AS 04/27/2015 102670 42015 101-45210-433 Membership R. Steffenhagen Golf Course 150.00 Total 102670:150.00 MN HIGHWAY SAFETY CENTER 04/27/2015 102671 629430-4292 101-42110-437 driving school Spencer, Schultz Police Department 792.00 Total 102671:792.00 City Council Meeting April 27, 2015 Page 248 of 257 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MORRIES PARTS AND SERVIC 04/27/2015 102672 531795 101-42110-402 #233 mirror Police Department 269.21 Total 102672:269.21 MUNICIPAL BUILDERS INC 04/27/2015 102673 1 601-16500 Water Plant pay app 1 46,419.85 Total 102673:46,419.85 MUNICIPAL CODE CORPORATI 04/27/2015 102674 254161 101-41900-319 code updates Central Services 1,198.00 Total 102674:1,198.00 NAVARRE HARDWARE 04/27/2015 102675 283790 101-43000-222 supplies Public Works Department 13.99 Total 102675:13.99 NELSON ELECTRIC MOTOR RE 04/27/2015 102676 7146 602-49450-406 GS 2 repair Sewer 165.00 Total 102676:165.00 NEOPOST 04/27/2015 102677 14536184 101-41900-201 brush and sponges Central Services 40.99 Total 102677:40.99 NORTH AMERICAN SAFETY IN 04/27/2015 102678 11301 601-49400-227 marking paint Water 48.42 NORTH AMERICAN SAFETY IN 04/27/2015 102678 11301 602-49450-227 marking paint Sewer 48.42 Total 102678:96.84 O SULLIVANS HOLIDAY 546 04/27/2015 102679 33115 101-42110-402 car washes Police Department 49.50 Total 102679:49.50 O SULLIVANS HOLIDAY 547 04/27/2015 102680 33115 101-42110-402 car washes Police Department 307.56 Total 102680:307.56 OFFICE DEPOT 04/27/2015 102681 7614539630 101-42110-201 office supplies Police Department 164.63 OFFICE DEPOT 04/27/2015 102681 7615340840 101-42110-201 office supplies Police Department 18.59 OFFICE DEPOT 04/27/2015 102681 7641570140 101-42110-201 office supplies Police Department 191.29 City Council Meeting April 27, 2015 Page 249 of 257 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount OFFICE DEPOT 04/27/2015 102681 7641570870 101-42110-201 office supplies Police Department 17.16 OFFICE DEPOT 04/27/2015 102681 7641570880 101-42110-201 office supplies Police Department 27.89 OFFICE DEPOT 04/27/2015 102681 7654835290 101-42110-201 office supplies Police Department 121.93 Total 102681:541.49 OFFICE DEPOT 04/27/2015 102682 7632577840 101-41900-201 cable Central Services 23.99 Total 102682:23.99 OTTEN BROTHERS 04/27/2015 102683 11391162 101-45210-223 flowers Golf Course 15.96 Total 102683:15.96 PERRYS TRUCK REPAIR 04/27/2015 102684 16109 101-42110-402 #225 tow Police Department 65.00 Total 102684:65.00 POST BOARD 04/14/2015 102618 41415 101-42110-441 2015 Lindsey Olson Police Department 90.00 POST BOARD 04/14/2015 102618 41415 101-42110-441 2015 Timothy Datwyler Police Department 90.00 Total 102618:180.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 Persell Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 Schoenherr Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 Siltala Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 Sonnek Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 Spencer Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 Stensrud Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 Sturm Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 Szczepanik Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 Vargas Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 White Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 T. Wittke Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 Russeth Police Department 90.00 POST BOARD 04/27/2015 102685 31515 101-42110-441 2015 Tomcheck Police Department 90.00 Total 102685:1,170.00 REED VENDING 04/27/2015 102686 9030 101-45210-094 concession supplies Golf Course 543.25 City Council Meeting April 27, 2015 Page 250 of 257 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 102686:543.25 SEH DESIGN BUILD INC 04/27/2015 102687 1655 601-49400-405 water tank painting and maintenance program Water 4,900.00 Total 102687:4,900.00 SELECT ACCOUNT 04/27/2015 102688 41415 101-21719 4/07/15 FLEX 252.85 Total 102688:252.85 SELECT ACCOUNT 04/27/2015 102689 42015 101-21719 4/20/15 FLEX 81.40 Total 102689:81.40 SELECT ACCOUNT 04/27/2015 102690 40815 101-41900-319 participant fee Central Services 94.50 Total 102690:94.50 SHI 04/27/2015 102691 B03243580 101-41900-416 Cals & Sql licenses Central Services 3,726.72 SHI 04/27/2015 102691 B03243580 101-42110-416 Cals & Sql licenses Police Department 3,726.71 Total 102691:7,453.43 SUN LIFE FINANCIAL 04/27/2015 102692 040115 101-15998 Cobra Life Insurance May .25 SUN LIFE FINANCIAL 04/27/2015 102692 040115 101-21710 Life Insurance May 1,282.45 Total 102692:1,282.70 SUSAN SCHULTZ 04/27/2015 102693 40915 101-42110-437 meal reimb training Police Department 5.28 Total 102693:5.28 TASER INTERNATIONAL 04/27/2015 102694 1395396 101-42110-580 taser cartridges Police Department 1,936.75 Total 102694:1,936.75 THE HOME DEPOT 04/27/2015 102695 2808013848 101-45200-404 boards for porta potty enclosures Parks 211.92 City Council Meeting April 27, 2015 Page 251 of 257 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 102695:211.92 THORPE DIST CO 04/27/2015 102696 883783 101-45210-091 beer Golf Course 106.50 THORPE DIST CO 04/27/2015 102696 885087 101-45210-091 beer Golf Course 136.00 THORPE DIST CO 04/27/2015 102696 887514 101-45210-091 beer Golf Course 177.50 Total 102696:420.00 TONY WHITE 04/27/2015 102697 40815 101-42110-437 meal reimb training Police Department 56.53 Total 102697:56.53 TRI CITY LAB 04/27/2015 102698 33115 601-49400-489 water testing Water 31.50 Total 102698:31.50 US BANK NATIONAL ASSOCIAT 04/27/2015 102699 42015 235-45690-489 2nd Half TIF payment 25,095.98 Total 102699:25,095.98 VEADERKO, JAMES 04/27/2015 102700 36 101-45210-223 new screen Golf Course 25.00 Total 102700:25.00 VERIZON WIRELESS 04/27/2015 102701 9743480030 101-42110-321 4/07 to 5/06 Police Department 1,473.29 VERIZON WIRELESS 04/27/2015 102701 9743480030 101-41900-321 4/07 to 5/06 Central Services 111.40 VERIZON WIRELESS 04/27/2015 102701 9743480030 101-45210-321 4/07 to 5/06 Golf Course 30.23 VERIZON WIRELESS 04/27/2015 102701 9743480030 601-49400-321 4/07 to 5/06 Water 63.23 VERIZON WIRELESS 04/27/2015 102701 9743480030 602-49450-321 4/07 to 5/06 Sewer 63.22 Total 102701:1,741.37 WRIGHT HENNEPIN ELECTRIC 04/27/2015 102702 40915 101-43000-381 3/01 to 4/01 service Public Works Department 111.03 WRIGHT HENNEPIN ELECTRIC 04/27/2015 102702 40915 602-49450-381 3/01 to 4/01 service Sewer 31.81 Total 102702:142.84 ZAHL EQUIPMENT 04/27/2015 102703 0207241 101-43000-404 floor hoist inspection Public Works Department 328.00 City Council Meeting April 27, 2015 Page 252 of 257 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 4/14/2015 - 4/27/2015 Apr 23, 2015 11:19AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 102703:328.00 Grand Totals: 399,084.30 City Council Meeting April 27, 2015 Page 253 of 257 City Council Meeting April 27, 2015 Page 254 of 257 REQUEST FOR COUNCIL ACTION Date: April 27, 2015 Item No.: 14 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Adam Edwards Closed Session Title: Pubic Works Director and Engineer ______________________________________________________________________________ Item Description: Closed Meeting ______________________________________________________________________________ Closed Meeting [§13D.05.3 (c)(3) to consider the purchase of property located at 2251 Pine Ridge Lane The purpose of this action item is to gain Council direction of negotiation for property to construct Well #4. City Council Meeting April 27, 2015 Page 255 of 257 REQUEST FOR COUNCIL ACTION DATE: April 27, 2015 ITEM NO: 15 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML Closed Meeting Title City Administrator Item Description: Closed Meeting for Attorney-Client Privilege Pursuant to Minn.Stat. 13D.05 Subd. 3 the City of Orono is closing the meeting to the public to discuss ongoing litigation (Orono v. Nygard). The meeting does not need to be tape recorded and no further City Council business will be conducted after the closed meeting other than to adjourn. City Council Meeting April 27, 2015 Page 256 of 257