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HomeMy WebLinkAbout07-27-2015 Council Packet Agenda for Council Meeting Set for Monday, July 27, 2015, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us The public is invited to address the City Council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. 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 July 13, 2015 * Planning Commission Comments – Jon Schwingler, 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. 14-3678, Architectural Landscape Design o/b/o Bret & Jennifer Riemenschneider, 835 Forest Arms Ln, Variances 4. 15-3712, City of Orono, Amend City Code Section 86-70 Building permit expiration 5. 15-3739, George Stickney for BPS Properties, LLC, 300 Sixth Avenue North – Preliminary Plat Approval 6. 15-3744, John Brunello, 190 Orono Orchard Road S, Variances 7. 15-3749 Homestead Partners, 185 and 225 Old Crystal Bay Road North – Preliminary Plat Approval 8. 15-3750, Jeff VonFeldt & Elaine Wyatt, 1990 Shadywood Road, Variances  9. 15-3756, City of Orono, Amend City Code Section 86-68 Survey Requirements 10. Request by Navarre Community Initiative to Waive Permit Fees 11. Navarre Community Initiative, Request for Temporary Public Art in Parks Public Works Director/City Engineer’s Report 12. Baldur Park Road Contract Award 13. Northern Utilities Build Out Agenda for Council Meeting Set for Monday, July 27, 2015, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification Mayor/Council Report City Administrator's Report 14. 2nd Quarter Financial Report 15. Policy for City Council Meetings 16. Residential Recycling Agreement Amendment 17. Orono Police Garage – Pay Request No. 11 18. Claims/Bills * City Attorney's Report Adjournment Upcoming Events 08/10 – Council Meeting, Monday, 7:00 p.m. 08/13 – Park Commission Work Session, 2:00 p.m. 08/17 – Planning Commission Meeting, Monday, 7:00 p.m. (Council Liaison –Lizz Levang) 08/24 – Council Work Session, Monday, 5:00 p.m. 08/24 – Council Meeting, Monday, 7:00 p.m. 09/07 – City Hall Closed in Observance of Labor Day Holiday 09/08 – Park Commission Meeting, Tuesday 7:00 p.m. 09/14 – City Council Meeting, Monday, 7:00 p.m. 09/21 – Planning Commission Meeting, 7:00 p.m. (Council Liaison – Aaron Printup) 09/28 – City Council Work Session, 5:00 p.m. 09/28 – City Council Meeting, 7:00 p.m. 10/12 – Council Meeting, Monday, 7:00 p.m. 10/19 – Planning Commission Meeting, 7:00 p.m. (Council Liaison – Dennis Walsh) 10/26 – City Council Work Session, 5:00 p.m. 10/26 – City Council Meeting, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 28 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, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, 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. 7, 8, 9, 10, and 15 - 21were added to the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF JUNE 22, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of June 22, 2015, as submitted. VOTE: Ayes 5, Nays 0. *3. CITY COUNCIL WORK SESSION OF JUNE 22, 2015 Levang moved, Printup seconded, to approve the minutes of the Orono City Council work session of June 22, 2015, as submitted. VOTE: Ayes 5, Nays 0. LMCD REPORT – GABRIEL JABBOUR, REPRESENTATIVE LMCD Representative Jabbour reported the LMCD is in the process of updating their strategic plan. Jabbour stated the LMCD has an exceptional person helping to guide the process but that he has concerns it will go on the shelf again and the new Board will forget about it. Jabbour indicated he spoke to Mayor McMillan, Water Patrol and other agencies about regulating and patrolling Lake Minnetonka due to the extreme stress that is being placed on the system throughout the summer. Jabbour stated there have been instances of people walking across private property and swimming to Big Island. Jabbour stated it is not unlikely when he is on the Island that he will find a variety of people coming to his home in an attempt to find a way to Excelsior. Jabbour stated he is mostly concerned about the amount of emergency calls. On the 4th of July, there were 75 calls, with 17 of those being emergencies, in just a few hours. Jabbour stated the North Shore Marina and the Lafayette Country Club assisted with the emergencies. As a result of the number of calls, Jabbour indicated he sent a letter to a variety of people and received a response from the Assistant Chief with the Long Lake Fire Department. Jabbour distributed the letter from the Long Lake Fire Department to the Council. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 28 Jabbour stated one young lady had her legs cut by a propeller, another person severed his spinal cord by diving into three feet of water, and two people stopped breathing, which resulted in a tracheotomy being performed. Jabbour stated personnel from both North Memorial and HCMC had to respond given the number of calls and 100 percent of the ambulance supplies were exhausted. In addition, two helicopters were in operation at the same time to handle the emergencies. Jabbour displayed some pictures of the area near Big Island from the 4th of July. Jabbour stated given the number of people that were in the water, it would have been physical impossible for the Water Patrol to gain access to someone in the middle of the crowd if they required assistance. Jabbour commented he is not sure what the solution is, but that he would encourage the City Council to think about this. Jabbour noted this was also the second year in a row for a corporate entity promoting their products without a permit. In addition, there were a lot of physical fights as well. Jabbour displayed a picture of volunteers cleaning up the area near Big Island. Jabbour indicated it is necessary to clean it up within a day or two before the zebra mussels attach themselves to the cans and/or bottles. Jabbour stated once zebra mussels are attached to the cans, they can no longer be transported or disposed of in the normal way. There was also a fair number of broken glass bottles discarded in the water or on the Island. Jabbour stated he would like to thank the volunteers who helped clean up the debris. Council Member Levang stated the pictures are astounding and that it is a serious issue that needs addressing. Jabbour stated due to the way the LMCD was created, Orono’s voice is drowned by people who have little ownership along the lake. Jabbour noted Orono abuts 30 plus percent of the lake but yet does not seem to have a very large say in what happens on the lake. McMillan stated she appreciates the volunteers who helped clean up the debris. PLANNING COMMISSION COMMENTS – LOREN SCHOENZEIT, REPRESENTATIVE Planning and Zoning Commissioner Schoenzeit stated he had nothing to report but would be available for questions. PRESENTATIONS 4. SENATOR DAVID OSMEK Senator Osmek, District 33, addressed the City Council regarding this past legislative session. Osmek stated at the beginning of the session, he was promoted to ranking member of the Energy and Environment Committee and that he was the only freshman with that designation. Osmek stated that assignment led to a lot more work than he anticipated but that he worked well with Senator Marty even though they do not agree on many items. Osmek stated he has been working on the Fair Equipment Repair Act, which addresses the intellectual property on people’s cell phones and computer operating systems. Osmek stated companies are claiming that intellectual property as solely their own and are withholding schematic and technical information as MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 28 well as patches to their software, which makes it difficult to repair the equipment and results in the computer equipment ending up in the landfill. Osmek stated this legislation will be better for the consumer in the long run as well as the environment. Osmek indicated he is also on the Transportation and Public Safety Committee and the Ag Environment and Economic Development Committee. Osmek stated he would give this past session a C minus but that this session was a lot better than it was in the previous two years given the change in the House. Osmek stated one of the provisions of the agriculture bill the elimination of the citizens’ board of the MPCA. Osmek stated that provision was somewhat misinterpreted by a number of people. Osmek stated the MPCA is an organization that has evolved over the years and is currently no longer working on behalf of the average citizen and was instead following more of a political agenda. Osmek stated there were instances in Stevens County involving Bakers Farm where a number of people raised claims to the citizens’ board that were not accurate, which resulted in a dairy farm project being scrubbed and the loss of tax dollars. Osmek stated removal of the citizens’ board will ultimately be a good thing and that people can approach their legislators with issues. Osmek indicated another bill he is very happy with is the Colton’s Law Bill, which was a bill that was brought before the legislature from a Greenfield representative. This piece of legislation revolves around Colton Gleason, a Mankato State University student who died in St. Cloud as a result of an attack by a juvenile offender who was out on release on intensive home monitoring. Osmek stated because the monitoring equipment was not available, he had a weekend off without his electronic bracelets and committed this crime. Colton’s Law says if someone is released on electronic monitoring, the electronic bracelets must be working before they are released. Osmek stated the legislature was not able to draft legislation this session relating to the death of former Council Member Kristen Anderson’s son. Osmek stated the basic intent is to create a law or incorporate language into the statutes that says if a parent pays for the cell phone contract, they have the right to any data that is stored on the phone or server. Osmek indicated during the next session he will be sitting down with Representative Hillstrom to work on that piece of legislation. Osmek stated the legislature will be in session starting on March 8. Osmek encouraged the Council Members to contact him with any concerns they may have. Levang stated she has a concern regarding MSA dollars received by Orono. Levang asked whether there has been any talk about increasing that amount or changing the formula. Levang stated it would certainly be nice to have an increase in that budget so Orono can repair more roads in a timely manner. Osmek stated he is very supportive of that. Osmek stated in the Lights on Transportation Bill, the House and Senate could not agree because of the proposed gas tax and metro sales tax increases, but that they did create an account for small cities. Osmek noted that does not directly impact Orono but that it is a step in the right direction. Osmek stated small cities with a population under 5,000 do not currently receive MSA funds but that they have created a fund for them. Osmek stated one of his priorities is to increase the MSA funding. Osmek stated if there is a surplus collected by the state, he would like to give it back to the cities so property taxes do not have to be raised. Council Member Printup thanked Senator Osmek for working with his colleagues across the aisle on the data access issue. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 28 Printup asked Senator Osmek to provide some highlights of the work that was done in trying to reformat the Metropolitan Council. Osmek stated he was hopeful they would have made some progress on that item this past session but that unfortunately did not happen. Osmek stated in his view there does need to be a restructuring of the Metropolitan Council and that the plan is to try and get them to have some responsibility to the local elected officials. Osmek stated he would like the representatives on the Council to have to come to the cities and present their qualifications. Osmek noted the representative assigned to the Orono area has been there for five or six years but has not yet spoken to the Orono City Council. Osmek indicated the bill requiring the representatives be elected by the various City Councils was not successful but that there are three counties that are going to the federal level with the position that the Metropolitan Council does not have the authority to be the receiver of federal funds. Osmek indicated he will continue to work on that issue 5. 2014 COMPREHENSIVE ANNUAL FINANCIAL REPORT Michelle Hoffman, Financial Manager with Clifton, Larson, Allen, provided an overview of the 2014 Comprehensive Annual Financial Report. Hoffman stated under required communications, it should be noted that the audit provides reasonable but not absolute assurance. No new accounting policies were adopted in 2014 but there are significant accounting estimates in place to look at the useful lives of capital assets, valuation of investments, and post-employment benefits. Hoffman noted they received full cooperation from city management on the audit. Orono received a clean opinion on the financial statements, which is the best opinion that can be received. Two exceptions were noted on internal controls relating to preparation of financial statements and segregation of duties, which is something that has been noted in the past. Hoffman indicated that is not unusual for a city the size of Orono. There was one exception noted to the City’s legal compliance related to the prompt payment of bills. Hoffman stated out of 25 disbursements that were tested, one was paid past the state deadline of 35 days. Hoffman stated as it relates to the financial results, the City’s General Fund increased by approximately $500,000. Hoffman indicated there was no specific reason for that increase and the majority of the revenues received by the City come from property taxes, followed by user fees, licenses and permits, and then intergovernmental transfers. Expenditures remained consistent in 2014 with the prior year. Governmental funds remained very steady from the prior year as well; although, it is slightly less than 2013. Future debt service is projected to decrease in 2015, remain steady in 2016, and then decrease in 2017 and 2018. Hoffman noted in a tax rate comparison between the City of Orono, neighboring cities, the state-wide average, and the metro city population, Orono’s tax rate was the lowest. Hoffman stated Orono has a very low tax rate especially in comparison to the state-wide average. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 28 Hoffman noted GASB No. 68 went into effect in 2015, which requires that government entities report a net pension liability for their allocation of the state-administered pension plans. The current draft PERA report shows the City of Orono’s liability is $1.43 million for general employee pensions and $2.6 million for police and fire pensions. Orono also received the GFOA Certificate of Achievement for Excellence in Financial Reporting received in 2013. McMillan indicated she has two housekeeping items regarding the report. McMillan noted there is likely some incorrect wording under Item No. 17 in the report and that the fire service contract listed Wayzata instead of Long Lake. McMillan indicated the City Administrator has the changes and can provide those to Ms. Hoffman. Walsh asked what the underfunded portion is relating to the pensions. Hoffman stated it is $5.6 billion for the State of Minnesota and that the City is only required to contribute to its pensions what is dictated by the state. Orono’s liability is $1.43 million for general employee pensions and $2.6 million for police and fire pensions. Hoffman stated Orono has been contributing what they are required to every year by the state and that GASB No. 68 requires government entities to report a net pension liability as part of their audit. McMillan thanked Michelle Hoffman and Clifton, Larson for their work on the audit. McMillan noted Orono has a long tradition of being fiscally conservative, which has helped to keep the City’s tax rate low. PUBLIC COMMENTS Gabriel Jabbour stated since he left office, he did not get involved in elections, but that he has watched this new City Council over the past six months and has become concerned about the interactions between the Council Members. Jabbour stated the last Council meeting was extremely disturbing to him. Jabbour stated the City of Orono is only as good as its benefactors and that over the years thousands of acres have been donated to the City. In addition, over the years the City of Orono has developed its own special brand, which he attempted to protect while in office. Jabbour indicated he also has spent a lot of his own personal money to keep that brand going through the years and that he sees it becoming diminished given the squabbles and accusations that are happening at the City Council level, which are really inappropriate. Jabbour stated he understands the burden the City Council has and the calls that the Council Members receive. Jabbour stated the City Council should think twice about how they approach things in the future. Jabbour stated the statement made at the last Council meeting about potential litigation was totally presumptuous since nothing is definite until it happens. Jabbour stated he would like the City Council to think about the value of the Orono brand and the value of the community. Jabbour stated he is seeing tens of millions of dollars in good brand being diminished. Jabbour stated Orono’s brand has helped make Orono a success, which in turn has helped attract more successful people, and that people do not want to be in a mud-slinging environment. Jabbour stated in his view the City Attorney should have stepped forward in a situation like that. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 28 Jabbour noted the City Council represents the citizens of Orono and that he expects the Mayor to passionately and aggressively protect the vision of Orono. Jabbour stated if the Council wishes to change that vision in some way, there is a process called a Comprehensive Plan Amendment that would allow for that change along with public input. Jabbour stated he does not want the citizens to become scared as a result of a newsletter and that the City Council needs to be accessible to the residents. Jabbour stated with humility he would again ask the City Council to consider the value of Orono’s brand. Michael Kuruvilla, Montessori School, stated a little over three weeks ago he heard that the road in front of the school will be closed for six months while they are doing the upgrades. Kuruvilla indicated he has approximately 80 students at the school, with parents who drop their kids off in the morning and pick them up in the evening Monday through Friday. Kuruvilla stated when you have a school or business where people have to come every day, two times a day Monday through Friday, a road closure will dramatically hurt that business. Kuruvilla stated he understands the road needs to be rebuilt but that in his view the County could build a road where the traffic can be kept open in both directions. Kuruvilla stated he also spoke with the Long Lake City Council who indicated they are supportive of that idea. Kuruvilla stated he would encourage the City Council to support that option as well and that he would like to work with the City to keep the road open in both directions. Kuruvilla stated he is a part of this community and that his school provides an education to the children of the area. Kuruvilla stated if the road is closed for six months, a number of people will be out of a job and he would lose his business. Rich Anderson, North Shore Marina, Shoreline Drive, stated he would strongly urge the City Council to line up with Gabriel Jabbour on the Big Island issue. Anderson stated his marina was involved in dealing with some of the emergencies and that the situation on the 4th of July was extremely disruptive. Anderson indicated he went to the meeting with the LMCD and the Water Patrol and that in his view the Water Patrol at the meeting downplayed the issue. Anderson stated they also got thrown under the bus by the North Memorial ambulance guy and that they did not follow the agreement that they had established ahead of the meeting. Anderson stated they had offered to pay for paramedics on the water patrol boats for the 4th of July but that they did not provide those. Anderson indicated they were told they were off duty for the 4th of July. Anderson noted the LMCD staff was all off on the 4th of July but yet it is their duty to monitor the lake. Anderson stated Gabriel Jabbour stood up for the City at the LMCD meeting and that the City now needs to stand up for Gabriel Jabbour. Anderson noted Gabriel Jabbour is one of the few volunteers picking up the trash afterwards and that the City really needs to support him on the LMCD. Council Member Walsh thanked Rich Anderson for helping out on July 4th. PLANNING DEPARTMENT REPORT 6. #15-3739 GEORGE STICKNEY OF BPS PROPERTIES, 300 SIXTH AVENUE NORTH, PRELIMINARY PLAT MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 28 Senior Planner Gaffron noted this is the City Council’s first review of the preliminary plat for the parcel of land located at 300 Sixth Avenue North. The applicant is proposing a subdivision to create 11 new lots out of approximately 95 acres. There would be two new roads in the subdivision. The Planning Commission reviewed this application and held public hearings at its May 18 and June 15 meetings. On May 18, the Planning Commission tabled the application, requesting that the applicant provide additional information regarding the tree preservation covenant limitations that would be placed on individual lots as well as more detail regarding the future intent for preservation of the prairie areas. On June 15, the Planning Commission reviewed a revised lot layout (Plan B) and voted 6 to 0 to recommend approval of the application as revised, with conditions. At both public hearings there was a considerable amount of discussion from the public and the neighborhood about what they feel should be preserved. Gaffron stated there was a good discussion at those meetings about whether it is more important to preserve the prairie areas or the Big Woods. Gaffron indicated Staff’s report contains a fair amount of information and that he would like to turn it over to George Stickney, the proposed developer of the property, to provide some background on the application and what he is currently proposing. George Stickney, BPS Properties, stated in his view both plans that were submitted are great. Stickney stated throughout the whole process the goal has been to meet the seller’s vision for the property. Stickney stated his reason for bringing a different plan to the City Council was to address the comments raised at the May 18 meeting. The revised plan has removed one of the proposed lots from the Big Woods area and added it to the prairie area abutting Hunter Drive. Stickney stated when he first developed this plan, it had four lots with the backs of the homes facing the prairie. Stickney stated he did not present that plan and that he revised it to have the homes more hidden in the woods. Stickney stated in creating this subdivision, he went through every possible option to locate a septic, a driveway, house, and preserve as many trees as possible. Stickney stated Diagram No. 2 consists of Block 1, Lot 1; Lot 2 of Block 2; and Lots 1 and 2 of Block 3. The driveways have been changed to be south of the septic locations. Stickney stated all of the driveways are perfectly located and that he has created a new driveway that lost one less tree on the way to Lot 7. Stickney noted the covenants protect the trees and that the proposed driveway only loses one tree. Stickney stated in the area of the cul-de-sac, there is an Outlot B that travels approximately 125 feet to get to Lot 2, Block 2, and that he only loses three trees over six inches. Stickney indicated as a developer they would construct the road and the driveway to ensure they are located in the right place. Stickney stated the most sacred trees are on the north side of Lot 7 and that no one is going to be able to propose a house on the north side of Lot 7. Stickney stated his plan depicts the building envelopes and that those were not depicted in the plan that was presented on May 18. Stickney noted maximum tree preservation zones have been created along with penalty clauses and that every property owner in this development has to replace any trees at a 2:1 ration. Stickney stated under Plan A they would have lost around 130 trees out of 1,430 trees. As it relates to mature trees that are in excess of 22 inches in diameter and over 75 years old, nine total trees will be lost. Diagram No. 3 depicts the building envelopes. Stickney noted they are still preserving 150 feet of buffer along the prairie grass on Lots 1 and 2 and have created a 30-foot setback to preserve prairie grass around the perimeter as well as a 45-foot setback to the south. On the wooden lots, Stickney indicated they MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 28 wanted to buffer those from the northern boundary and that a 75-foot buffer was created along with 50-foot side setbacks and a 90-foot tree preservation area. Stickney noted a new septic location was found resulting in zero tree loss for Lot 2, Block 2 and the pond was relocated on the other side of that property. Stickney indicated he has met with Prairie Restorations on the site a couple of times on the site and that they will be planting prairie grasses on the north side of Lot 1, Block 3. A total of 1.96 acres will be planted in prairie this year. Stickney stated he would like to spray the invasive species next week once his plan is approved. Stickney stated as a result of the work of Prairie Restorations, the invasive species will be eliminated, the woods will be cleaned up, the prairies will be burned, reseeded and restored, and the ponds will be restored. Stickney indicated Staff wanted to see what could be done about relocating the cul-de-sac near the woods. The cul-de-sac has been relocated just south of the woods at the bottom of a slope. The result is less impact in terms of tree loss. Stickney noted it would be a 20-foot wide road at a 12 percent slope. Stickney stated on either plan the first 850 feet of the property would consist of a 20-foot wide road, which is 10 times better than Fox Street. There are a total of 3.5 to 5.5 inches of asphalt in some places and that they would increase that to around a foot of aggregate. Stickney stated they would like to keep the 20-foot width. Stickney stated on his plan, all the driveways, the septic sites, and the home sites are showing a minimal loss of trees. Stickney indicated he will also be planting additional trees for screening and the roadways will be lined with trees. Stickney stated the plan is that the lots will be camouflaged and to locate the septic sites and driveways in places that will help ensure there will be a zero loss of trees. Stickney stated preservation of the trees is one of the major concepts of this development and that there is a very strict tree preservation and replacement covenant to further help preserve the trees. Stickney noted the covenants will dictate where the building pads and driveways will be. Diagram 5 depicts the plan that was presented at the June Planning Commission meeting. Stickney indicated he removed one lot from the Big Woods area and placed it closer to the prairie. Stickney illustrated the location of Lots 1 through 8. The newly relocated lot consists of almost four acres and a number of trees will be planted on the lot. Stickney stated the only difference between this plan and the other plan is that there will be one less lot in the woods, 36 more trees planted, and one lot in the prairie. Stickney indicated he will also be planting approximately 40 trees in that area and will plant more if necessary. Stickney stated everything was planned initially to minimize someone’s ability to see the houses by keeping what is there and adding trees. Stickney stated Plan B has the cul-de-sac located further to the south and results in very little tree loss. Stickney stated in his view the proposed location of the cul-de-sac in the first plan was probably the best location for it but that he has relocated it to address the concerns of the Planning Commission. In addition, the curb and gutter will result in very little grading. Stickney stated they have also designated the primary and alternate septic sites and that the lots have similar building envelopes. Stickney stated the covenants on this development say that an outbuilding can only be added if there is zero tree loss. Further restrictions were placed in the covenants to require 100 percent of the homeowners approve anything that would change anything for the Big Woods lots. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 28 Stickney indicated Diagram 7 shows the driveway and cul-de-sac locations. The setbacks are 50 feet. Stickney pointed out the location of the cul-de-sac. Stickney noted every lot has a circle driveway around the trees, which will help further preserve the trees, and allows for better access for emergency vehicles. Diagram 8 depicts the building pads. Stickney indicated the locations of the building pads stay away from the mature trees. Stickney stated out of the 199 mature trees on the site, there are 40 in this area that are over 30 inches and a number of mature trees on the north lot as well. Stickney stated there will be strict enforcement of the covenants and that anyone who cuts a tree down, they must replace it at a 2:1 ratio. Stickney stated overall there is a net gain of 200-plus trees on either plan. Stickney commented he loves both plans and that he is here tonight to ask the City Council to approve one. Stickney indicated he prefers the first plan but that he is to move on. Walsh stated he is glad this application came after Gabriel Jabbour’s comments about Orono’s brand. Walsh stated in his view Mr. Stickney has done a great job preserving the prairies and trees, which is part of Orono’s brand. Walsh noted he talked about inappropriate behavior at the last City Council meeting and that he is not going to belabor that point again. Walsh stated in his view he made it clear how they got from Plan A to Plan B. Walsh stated he did want to make sure that the applicant knows the Council can vote on both plans tonight, and that whatever plan is voted on, it would come back to the City Council in two weeks in the form of a resolution, which would need to be approved. Walsh stated the City Council does have the authority to approve either plan tonight and that it does not have to go back to the Planning Commission. Walsh stated he knows at the May Planning Commission meeting the neighbors expressed their wishes about the trees and the prairie area. Walsh stated it was very clear that the Dayton family wanted to preserve the prairie. Walsh stated once that third house is put in there, it will crowd the visual, which is a shame. Walsh stated he would also like to confirm with Mr. Stickney that he prefers Option No. 1. Walsh stated he knows there was an owner of one of these lots at the last meeting who indicated he was going to purchase the property in the woods. Walsh stated under either plan they are not losing a substantial number of trees but that under Plan A they would be achieving a more open vista with the prairie. Walsh stated he appreciates Mr. Stickney bringing Plan A back. Stickney stated he has been developing properties for 30 years and that he is financially committed to this development. Stickney noted this is the first time one of his applications has been tabled and where someone has talked in opposition to what he is proposing. Stickney stated he needs to make something happen with this property and that he thought he would at least give it another shot. Stickney stated he feels better for doing it and that they will go forward from here. Levang stated she is very confused about the conversation between the developer and Council Member Walsh in that there was a lot of innuendo in what was being said. Levang stated she does not appreciate the innuendo that there was something going on, a difference between Plan A and Plan B. Levang noted MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 28 what was brought to the Planning Commission was Plan B and that Plan B was approved by the Planning Commission. Levang indicated she is not interested in looking at Plan A and that she is not sure if Mr. Walsh was correct in what he was saying. Levang stated she is only interested in Plan B and that what Council Member Walsh was saying happened is not apparent and not transparent in this room right now. Levang indicated she is concerned about that and that she is not interested in Plan A. Stickney stated that is exactly what he wanted to know, which is why he touched on both plans, and that he has no time for innuendos. Stickney stated he had his own reasons for what he told the family and that he is not the deciding body. McMillan stated at the May Planning Commission meeting, the Planning Commission was wrestling with the Conservation Design and how that related to the Big Woods. The Commission at that time talked quite a bit about mitigating tree loss by moving some houses, which resulted in Mr. Stickney coming back in June with a different plan. McMillan stated she attended the May meeting but was not at the June meeting. McMillan stated after reading the minutes, it appeared at the June meeting Mr. Stickney found some common ground and that the Planning Commission was fine with it. McMillan noted there were letters of support for the new design and the Planning Commission was very complimentary about the new design since it saved both conservation elements, the Big Woods and the prairie. McMillan stated she is not sure if the Council can figure out which element is more important, which is why the Conservation Design Ordinance was adopted ten years ago. McMillan stated the City had a situation by the Luce Line Trail along Long Lake Creek and in that situation they were able to cluster the homes. At that time the Council realized then that these significant stands of woods or prairies in Orono were important and would be identified. Dave Hill of the DNR at that time performed a natural reserve inventory for the County and identified areas of woods and other natural resources in Orono that should be protected. McMillan indicated the goal was to protect these areas and knit these areas as corridors for the wildlife. McMillan stated since Orono is 85 to 90 percent developed, the whole point of the natural resources inventory and Conservation Design Plan was to protect the wildlife and natural areas that were still remaining. McMillan noted the Lakeview property did not have significant tree stands but it had drainage ways, which were protected through buffers. McMillan stated the whole purpose of conservation design is to have professionals take a look at these properties before anything is put on them and then tell the Council what the good natural resources are and rank them. McMillan indicated the maple/basswood area on this property was ranked very high, with very few invasive species. McMillan stated the maple/basswood tree stand is also significant because it has very few ash trees. McMillan stated the emerald ash tree borer is different than Dutch Elm disease because once the borer hits a critical mass, it will destroy all the ash trees, little and big, and will not spare one. McMillan stated preserving Orono’s remaining natural resources is the reason why the City adopted the Conservation Design Plan and that she appreciates the Planning Commission placing importance on that. McMillan noted the City did not allow clustering on this site as part of the Conservation Design due to septic even though other cities will allow that. McMillan stated Orono does not want people to put septic systems on smaller lots and that a private septic system needs at least two acres and maybe three or four. Stickney stated that is one of the reasons why these lots are an average of 3.7 acres. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 28 McMillan noted the development off of Brown Road known as Creekside was clustered around the road because there was city sewer but that 10 acres of Big Woods was left alone. Stickney stated he knows where the Mayor’s heart is at and that he is not a confrontational person. Stickney stated as a result, he countered himself in order to make a really good development and that he pulled one of the lots out of the Big Woods in order to make the development happen. Stickney stated in his view that has allowed him to gain votes that he otherwise might not have had. Stickney stated he has to move something forward tonight and that he has to make something happen on this property rather than constantly changing his plans. McMillan noted this is the first meeting before the City Council with the preliminary plat and that the City has not been delaying this plan. McMillan stated after reading the packet and the Planning Commission minutes, she is fine with Option B and with whatever cul-de-sac location Mr. Stickney would prefer. McMillan indicated she is also fine with the width of the road in order to preserve more trees. Walsh stated it is obvious the Mayor loves trees versus the prairie. Walsh stated in order to get through the innuendo issue that was raised before, he would ask whether Mr. Stickney feels he had any undue influence after the May 18 Planning Commission meeting and whether he thinks the owner of the property experienced any arm twisting to change the plan. Stickney stated he is not going to that extent and that he had to react to what he was given. Stickney stated his task was to make something happen with the plan. Walsh stated he never went to the developer and said change this and it will be passed. Walsh stated he told the developer to bring forward the plan the property owner would prefer. Walsh stated in his view the integrity of the process is important. Stickney stated no one said that to him. Walsh noted Mr. Stickney said he was counting votes and that no one asked him about his vote. Stickney stated he is glad he brought the other plan to the table tonight but that at first he had his doubts about whether he was doing his best for what the family would like to see happen. Stickney stated he is here to get an approval tonight so it is clear as a bell. Council Member Printup commented he is happy to hear in this conversation that Mr. Stickney is happy with both plans. Stickney indicated he likes both plans. Stickney stated he thought he had to bring both plans to the City Council to make sure that one of them gets passed tonight. Stickney stated which one gets approved is up to the City Council. Levang asked Mr. Stickney to please reiterate that there was no undue influence. Stickney stated there was not. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 28 Levang noted Council Member Walsh accused her of meeting privately with Mr. Stickney. Levang asked if that is true. Stickney indicated Council Member Levang did not meet with him privately ever. Walsh indicated he had her mixed up with Mayor McMillan and the Mayor met with him after the meeting. Stickney indicated he met the Mayor outside the office and learned what her intent and goal was and he respects that. Jeff Watson, Attorney-at-Law, stated he would like to be real clear that contractually they do not have more time and that they need preliminary plat approval tonight. Watson noted Mr. Stickney has said that he prefers Plan A but that either plan is acceptable. Watson stated between Plan A and Plan B, the main difference is the location of the cul-de-sac and that they have been clear on what location they prefer. Walsh suggested the City Council provide guidance to Staff for the resolution on the location of the cul- de-sac and the width of the private driveway. Stickney stated there are only nine mature trees on either plan that will be affected in terms of either location of the cul-de-sac. Stickney stated the original location would allow him to possibly preserve on more mature tree. McMillan asked if that is the cul-de-sac to the south. Gaffron indicated it is road option B. McMillan stated Option B also works well with the tennis court. Cornick moved, Levang seconded, to direct Staff to draft an approval resolution granting preliminary plat approval for Plan B, with Road Option B, subject to Staff conditions, for the property located at 300 Sixth Avenue North. McMillan noted the Council also needs to talk about the width of the driveway and that the applicant would prefer the width to be at 20 feet. Levang indicated she would agree to the 20 feet. Stickney stated that would allow him to preserve the willows as well. Levang moved, Cornick seconded, to amend the motion to allow the width of the driveway at 20 feet. VOTE: Ayes 4, Nays 1, Walsh Opposed. *7. #15-3740 GEORGE FUNK AND JUDY ROGOSHESKE, 540 OLD CRYSTAL BAY ROAD SOUTH – PRELIMINARY PLAT – RESOLUTION NO. Levang moved, Printup seconded, to adopt RESOLUTION NO. , a Resolution Approving a Preliminary Plat for the property located at 540 Old Crystal Bay Road. VOTE; Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 28 *8. #15-3745 MATT JOHNSON AND GORDON JAMES CONSTRUCTION, 1432 SHORELINE DRIVE – VARIANCES – RESOLUTION NO. Levang moved, Printup seconded, to adopt RESOLUTION NO. , a Resolution Granting Setback Variances from Orono Municipal Code Sections 78-305 and 78-1279 for the property located at 1432 Shoreline Drive. VOTE: Ayes 5, Nays 0. *9. #15-3746 JAMES HILLIER, 1224 BRIAR STREET – VARIANCES – RESOLUTION NO. Levang moved, Printup seconded, to adopt RESOLUTION NO. , a Resolution Granting Lot Area, Lot Width, and Setback Variances from Orono Municipal Code Section 78-420 for the property located at 1224 Briar Street. VOTE: Ayes 5, Nays 0. *10. #15-3748 SHARRATT DESIGN COMPANY, JOHN AND SHERRI THIESSE, 3855 BAYSIDE ROAD – VARIANCES – RESOLUTION NO. Levang moved, Printup seconded, to adopt RESOLUTION NO. , a Resolution Granting Variances from Orono Municipal Code Sections 78-305 and 78-1403 for the property located at 3855 Bayside Road. VOTE: Ayes 5, Nays 0. 11. #15-3749 HOMESTEAD PARTNERS, 185-225 OLD CRYSTAL BAY ROAD NORTH – PRELIMINARY PLAT Gaffron stated this is a request for a six lot plat of a 15-acre parcel located on the west side of Old Crystal Bay North. The property is comprised of two parcels. One of the lots if the former Stubbs Bay Movers property, which has some existing structures on it. The Stubbs Bay Mover property is 185 Old Crystal Bay North. The property to the north was also acquired to make the subdivision more functional because it incorporates lands that have not been used industrially. The Planning Commission reviewed this application at its June 15 meeting and voted 6-0 to recommend approval of the application as presented. The Planning Commission suggested that the applicants should consider having a Phase I Environmental Study conducted given the previous industrial use of a portion of the Stubbs Bay Movers property. Gaffron indicated he is not sure what the applicant’s position on that item. Staff is recommending approval subject to the standard conditions. The property does include 15 acres of which there are two small wetlands, one being located at the west end of the property, which impacts how the property can be developed. There will be four lots located along the north side and two longer lots along the south side. Septic testing has been performed and everything looks good. The plan depicts building sites and the applicants do plan to do some grading to create building pads. Height and story requirements are based on existing grades. The grading will allow the homes to fit better in with the topography. The applicants have gone through the wetland District process and the wetlands are correctly depicted on the plan. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 28 The applicant is proposing a private road to connection with Wear Lane North, which abuts the south boundary of the property. It has been the policy of the City to create corridors for such connections where feasible to allow for future through roads or to provide access to neighboring undeveloped property. Gaffron noted the need for such a connection is not apparent at this site. In addition, it was noted at the Planning Commission that due to the shape of the property, the location of Wear Lane North and the subdivision lot layout, which is predicated to a great extent on the location of wetlands and available septic sites, creation of a connecting corridor would result in one less lot or a proposed lot would be split in two by the corridor. In addition, neighbors from Wear Lane North commented that they have no desire for a through road connection. The Planning Commission concluded that a connecting corridor should not be required. Gaffron noted a petition has been submitted to the Council signed by a number of neighbors requesting that that through road not happen. Gaffron stated another question worthy of Council discussion is the landscape plan. The applicants have provided a landscaping plan for the private road boulevard as well as along Old Crystal bay Road. While the plan appears to meet the overall requirement of one tree per 40 feet of frontage, it clusters many of those trees along Old Crystal Bay Road at the site entrance rather than spacing them along the private road. Council has allowed that in other similar situations. The southerly lot is very long and narrow but the lot would function. Lots 1 and 6 are corner lots with their defined front yards abutting Old Crystal Bay Road. The applicant has depicted both lots as having their front yards as the frontage abutting the private road. Given the layout of the subdivision, it would be appropriate to specifically and formally define the yards for setback purposes for Lots 1 and 6 as those proposed on the preliminary plat. The north and south yards will be considered as front and rear yards. The side yards abutting Old Crystal Bay Road will be considered as side street yards and the yards abutting the west boundaries will be considered as side yards. Staff recommends approval subject to standard conditions and requests Council direct to prepare a resolution for Preliminary Plat approval. Printup asked why the City likes the road to the east. Gaffron stated one of the values of the connection is if the City ever chooses to or is required to take over the cul-de-sac roads, the maintenance of a through road is much easier. The second issue would be that there would be only one road going in without a secondary access. Gaffron noted there was only one situation where the City had to take over a cul-de-sac road and that was to provide access to another property. McMillan asked if Staff feels there are any properties that will become landlocked if there is not a through road. Gaffron indicated he does not. Gaffron noted one parcel in this area was given to the City by Alan Carlson and that there is possible access through the land owned by MN/DOT. Gaffron stated if and when MN/DOT elects to sell that piece of land, the City will need to ensure they have access through there. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 28 Levang indicated she is okay with the proposed landscaping plan and not requiring the road corridor connection. Printup asked whether an environmental study should be required. Gaffron suggested the applicants be asked about what their plans are in that regard. Walsh noted the bank may require it if there is a loan on the property. Matt Hanish, Homestead Partners, stated they do intend to complete a Phase I Environmental Assessment after they receive City Council approval for preliminary plat. Levang asked if he is looking for something specific. Hanish stated in his view they will not find anything that would impact the project. McMillan asked if he has any preference as far as the landscaping along the frontage road. Hanish stated they would prefer the landscaping plan included in there and stated that would allow them to move some of the trees and create more of a buffer along the road but not create a tree lined corridor down to the end of the cul-de-sac. The clustering of the trees will allow for views across the site. Hanish stated they are creating a six lot development and that they want all six homes to feel they are part of the community. Levang stated in her view they have done a good job with the landscaping plan and that by placing more trees along Old Crystal Bay Road, they will ensure more privacy for the lots. McMillan asked if the cul-de-sac can be made smaller in diameter. Gaffron stated Staff would not recommend going smaller than what is proposed. Levang stated she would like to know more about the homes they intend to build. Hanish stated as far as size, these would be custom homes and designed for each individual home site and the price would be driven by the market. Walsh asked what the land prices would be. Hanish indicated the lots are on the market for $390,000. McMillan stated she has a concern with connecting the road since people might use it as a shortcut. Scott Goldsmith, 265 Old Crystal Bay Road, stated he has two issues he would like to bring to the Council’s attention. Goldsmith stated the first one is a property line issue that would impact his property significantly and also have some impact on the layout of the development. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 28 Goldsmith indicated he cannot read the topographic maps that have been presented but that he has heard there will be some change in the lay of the land. Goldsmith stated as he understands what is being proposed, these structures will be two and a half story homes. Goldsmith stated when the properties were first put up for sale, the real estate agent called him a number of times and eventually he was threatened that if he was not willing to sell their property to make three lots, they would place two homes directly out his back yard. Goldsmith stated the lot division does essentially look directly at his back door. Goldsmith stated his experiences with the real estate agent have left a bad taste in his mouth. Goldsmith stated he is a little concerned about the topography of the land and having 2-1/2 story homes looking into the back of his house. Goldsmith stated if he had known about this issue at the time of the Planning Commission meeting, he would have brought it up. Goldsmith stated the other issue is that in the southwest corner of his property there was a stake that was driven in with a flag that was approximately ten feet across the fence line onto his property with the stake saying approximate property line or something to that effect. Goldsmith indicated he then contacted Mr. Gaffron because he had no prior knowledge that the developer was making a claim that the fence line was not the property line. Goldsmith indicated he purchased the property in 1980 from the original owners and that the property was originally a 10-2/3 acre property similar to the Stubbs property but was subdivided into the current shape it is now. Goldsmith stated the other property is the 2-2/3 acre property with the original Godfrey house on it. At the time he purchased the property and even now there is a fence between his property and the property to the south. Goldsmith stated after purchasing his property in 1980, he purchased the adjoining property in 1985, which is the northern parcel, and continued to own it until 2006 or 2007. Goldsmith noted there was never a time during that period where the fence line was not the dividing line. Goldsmith stated when he found out a couple of days after the Planning Commission that they were going to be claiming approximately ten feet of his property, he contacted Mr. Gaffron who advised him to contact the surveyor. Goldsmith indicated there was some work that they did and essentially it said something to the effect that there were stakes when his property was platted, which was platted after he bought it, and that the new stakes that they put in match the stakes that had been done by Gordy Kaufman. Goldsmith stated all he knows for the property line is the fence line. Goldsmith stated after 35 years of living there and now being told that the fence line is anywhere from six to ten feet off the property line, he has a problem with that, and that he would urge the Council not to approve a subdivision that takes ten feet of his property since he is in disagreement with that. Goldsmith noted he did have a discussion with Tom Aldridge, who owns the lot at 245 Old Crystal Bay Road, and that he is less affected by it. Goldsmith stated on that lot there is a two or three foot difference from where the fence line is. Goldsmith stated there are a variety of legal reasons for why he believes the fence line is the correct boundary and that this is a major issue and a major surprise to him. Goldsmith stated in his view the City does not want to be in the business of platting property that is not owned by the developer. City Attorney Mattick stated the subject property has to be surveyed as part of this development and that he would encourage Mr. Goldsmith to contact his own surveyor to determine the location of the property line. Mattick stated the City is not in a position to say whether that fence line is in the proper location or not. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 28 Goldsmith stated he is not implying that is the City’s role, but the problem is that by either adverse possession or agreement on a property line, that affects who owns that piece of property. Goldsmith stated the very simple issue he presented here is that he was involved in it from 1980 to the present time and those two pieces of property were identified by the fence line, which may be a legal issue. Goldsmith stated he just does not feel the City wants to be in the business of platting property that is legitimately being contested. Mattick asked if he has initiated anything at this point. Goldsmith stated he has dealt with the developer’s surveyor who has gone around and put stakes out and said that the stakes are correct. Goldsmith indicated he is not in a position to agree or disagree with that. Goldsmith stated if that portion of the property is determined to be his by adverse possession, the stakes do not make any difference but that he does not feel it would be appropriate to plat that portion of the property until the issue is resolved. Goldsmith stated to his understanding that six to ten feet will shrink the lots if it is determined to be his. Mattick asked if the developer is aware of the issue. Hanish indicated he has never spoken to Mr. Goldsmith and that Homestead Partners, nor a representative of Homestead Partners, has ever threatened Mr. Goldsmith in any way. Hanish stated if that has taken placed, it was not through their doing. Hanish stated as far as the property line is concerned, their engineer is here to answer any questions about the property boundaries. Goldsmith stated he would like to make it clear that Homestead Partners did not make the comments but that it was the real estate agent. Hanish stated he has no knowledge of that and that he signed a purchase agreement for two parcels, which is what they are attempting to purchase and develop. Goldsmith stated he did speak with the surveyor for the developer and that they did come out and put in stakes. The statement by the surveyor was that the stakes they put in matched up with the original stakes when the property was platted and that it is all correct. Goldsmith stated the surveyor specifically disavowed any claim based on occupancy or the parties’ agreement that the fence line was in fact the property line. The surveyor indicated he was not involved in the legal issues. Hanish stated it is very common in old plats that fences, landscaping features, driveways and those types of things are placed over boundary lines because either permission was not granted or surveys were not done. Goldsmith noted that without that ten feet, the parcels along the north edge are less than two acres. Nate Herman, Surveyor, stated if the lot line is moved down a little bit, the lot lines can be shifted around to make two acre parcels. John Winsted, 155 Wear Lane, stated he has lived in his house for 19 years and that his property is located to the south from this parcel. Winsted stated from the very first day Wear Lane North has been a City street, which preceded his ownership of his property, and for the last 18-plus years, the City has maintained the street. Winsted stated when a tornado came through his back yard and knocked trees MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 28 down into the street, the fire department was out there immediately and then the next day the city crews cleared all the trees and the street was passable. Winsted noted the City also put down a new street surface a couple of years ago. Winsted stated during the time he has lived there, there has been no problem with access or traffic and that a through street would result in more traffic in front of their house. Winsted noted his wife went around and obtained the signatures of their neighbors and unanimously the neighbors do not want that connection. The Planning Commission also said they do not wat that connection. Winsted stated the situation works fine as it is and that it is a safe street and has been well maintained by the City. Winsted stated the status quo works and preserves the value of his property. Winsted stated he and his wife are in support of this subdivision and that the Stubbs family has been marvelous neighbors through the years. Winsted stated he would like to see the development approved, and that if there is some sort of title issue, that is not for the City to attempt to resolve this evening and that he would ask the City Council to approve the subdivision as proposed. McMillan stated the requested Council action is to provide direction to Staff on whether an approval resolution should be drafted. Once that is approved, it would proceed to final plat. Gaffron indicated the approval resolution would be before the City Council in two weeks and then the developer would need to do a variety of final details prior to moving to final plat. Levang stated in her view this is a good proposal and a unique piece of property. Levang moved, Printup seconded, Application No. 15-3749, Homestead Partners, 185-225 Old Crystal Bay Road North, to direct Staff to draft an approval resolution for preliminary plat. VOTE: Ayes 5, Nays 0. 12. #15-3750 JEFF VONFELDT & ELAINE WYATT, 1990 SHADYWOOD ROAD – VARIANCES Curtis stated the applicant was before the Planning Commission at their last meeting and that they have since provided a revised plan. The variances the applicants are seeking would be a side setback variance for a second story addition on the north side, a lake setback variance to allow the second story addition to extend to the existing extent of the second story, and a rear setback variance to accommodate an addition over the connecting piece of the house. Curtis indicated the revised survey is displayed on the overhead. The applicant is proposing to clip the footprint of the home as it exists today to be out of the average lakeshore setback. The addition on the second floor would mirror that. Staff is recommending approval of the current revision and the variances as requested. Levang stated she was at the Planning Commission meeting when this application was discussed. Levang asked if the applicant is essentially proposing to clip the corners and then push the second level back towards the street. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 28 VonFeldt indicated that is correct. VonFeldt stated the plan that the Planning Commission reviewed had the second story jutting out further towards the lake, which was the piece that Staff recommended denial on. VonFeldt stated because the house is narrow and they can only have so many square feet on the second floor, they pushed everything back four feet. VonFeldt indicated that would not extend over the garage but over the connection between the garage and the kitchen. McMillan stated that should not impact the functionality of the house. VonFeldt indicated they are perfectly happy with the plan. Levang moved, Cornick seconded, Application No. 15-3750, Jeff VonFeldt and Elaine Wyatt, 1990 Shadywood Road, to direct Staff to draft an approval resolution granting the requested variances. VOTE: Ayes 5, Nays 0. (Recess taken from 9:35 p.m. to 9:40 p.m.) 13. #15-3752 ESTATE DEVELOPMENT CORPORATION, 475 OLD CRYSTAL BAY ROAD NORTH – SKETCH PLAN Gaffron stated this is a sketch plan review for a 17-acre property comprised of three tax parcels proposed to be developed into 51 single-family residential lots. The property is currently zoned RR-1B, two-acre single-family, but is guided in the CMP for multi-family uses at a density of 7-10 units per acre. The density of the proposed development is approximately four units per acre so technically it is a departure from the CMP density guidelines for development of the site. The applicant has provided two additional sketch plans depicting a single-family layout with 65-foot wide lots at a density of 3.0 units per dry buildable acre and a 102-unit multi-family development of attached townhomes in groups of four and six units with a density of 8 units per dry buildable acre. What was originally proposed at the Planning Commission was a 51-unit development with two accesses directly across from the two access points into the industrial park. The lots would be 45 feet wide with 5-foot setbacks surrounding the wetland. Gaffron noted the wetland takes out the center west side of the property and leaves few options for development. With proposed side setbacks of five feet, the individual homes will be separated from each other by ten feet. While a majority of the lots are just 45 feet in width, a small number are wider due to the site layout. The Planning Commission also considered lower density and higher density options for this parcel and felt that the higher density was not something they would like to see on this site. A number of the proposed lots in the original sketch plan would have a front yard setback of 11 feet rather than the 25-foot setback required. The applicants have noted that with a 28-foot wide road, the 50-foot right-of-way allows for a boulevard width of 11 feet, and when added to the 11-foot setback, yields a 22-foot separation between the garage doors and the traveled street for vehicle parking. In Staff’s view this is not adequate and the front setbacks should be measured from the edge of the right-of-way and not the curb. Staff would also recommend that a revised plan incorporate a 25-foot front yard setback measured from the edge of the right-of-way and/or sidewalk easements. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 28 Gaffron stated there is nothing like this proposed development currently in Orono and that the proposal is showing virtually no common areas at this point other than the road. Gaffron stated the City Council should determine whether the proposed density at 51-units is appropriate, whether the roadway should be private or public, and the general design and orientation of the dwelling units in relation to the minimal lot sizes and setbacks. Tom Gonyea, Applicant, stated they were in front of the Planning Commission a couple of weeks ago and that their original plan was a 51- unit plan for approximately four units per acre. The feedback from the Planning Commission at first was that it seemed like a lot of units. Gonyea indicated they have worked with Staff to show what the current density would be at eight units per acre and then with 65-foot lots and standard setbacks of five and ten feet. Gonyea stated they wanted to put those options forward to see which one the City Council would prefer. Gonyea noted the Planning Commission was not in favor of higher density. Gonyea indicated the color rendering on the overhead shows the 65-foot lots. Gonyea stated there would be some variation in lot size and house size. Gonyea stated there is a project over in Plymouth that is a good example of what this product will look like. Gaffron displayed the development in Plymouth. Gaffron noted in this development there is 10 feet between the homes. Ian Peterson, David Weekly Homes, stated they will likely be the builder on the project and that he can speak to the specifics of the product. Peterson stated the Plymouth property was a unique project from a topography perspective. Peterson noted the site was actually zoned and guided for multi-family and that they came up with 60-foot lots and 10 feet in between the buildings. The neighborhood is different from a typical suburban development in how they set back from the road and the traditional 3-car garages. Peterson indicated they also came up with three different garage variations, which helps break up the streetscape. Peterson stated this layout allows a more traditional back yard, wider houses, and a shallow back yard to allow for more of a family setting. Peterson stated on the 50-foot products, they make sure the house and the garage are on the same plane so there is not a snub nosed garage where the garage is way out in front of the house, which allows for a better visual. Peterson stated on the 45-foot wide lots, there would be ten feet between the buildings. Peterson stated the 45-foot lots limit the garage options and that these units would be a two-stall garage. If a third stall is added, it would need to be tandem. Peterson stated from a streetscape perspective, the 45-foot lots limit what can be done in terms of the front façade. Peterson stated to his recollection on a 45-foot lot, the home would be 35 feet wide and 75 feet deep. Walsh asked what the typical square footage would be on this project and what the square footage was on the Plymouth project. Peterson indicated on the project across from Wayzata High School, the units ranged from 2,400 to 3,200 square feet. The largest home was 3,700 square feet. Peterson noted the square footages do not include a MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 28 basement. Peterson stated the product layout on this site would be approximately 2,500 to 3,300 square feet, which does not include a bonus room option. Levang asked if there would be basements with this development. Peterson indicated there would be. McMillan asked if there are any water table issues on this site. Gonyea stated borings were done and that the site may need to be built up a little bit. Gonyea stated they are working with Braun Engineering and that they are anticipating walkouts on all the lots. Peterson stated they also pay a lot of attention to detail on the perimeter landscaping. Peterson stated they should be able to provide landscaping and berming to make the perimeter roadways of Highway 212 and Old Crystal Bay Road such that it would provide some seclusion to the development. Levang stated when she looked at the Elm Creek development, the landscaping was very impressive and that she did feel like it was a quiet, private neighborhood. Levang stated the courtyard is a unique feature and really changes the streetscape. Levang stated having the option for a third garage stall will be important for some people and that she likes having the variety. Peterson stated the courtyard concept was probably the best selling design in their other projects. Peterson indicated they will also be paying attention to traffic patterns when laying the homes out. McMillan stated a couple of years ago single-family homes would have made perfect sense for this site because of the closeness of the school. McMillan noted the City has also talked about a grocery store or other retail on this site throughout the years and that she likes the path they are on here since it offers smaller homes for younger families and could be considered a starter home. McMillan stated it would be nice to have some entry-level homes given the close proximity of the school. Walsh asked what the price point would be on the homes. Peterson indicated these homes will be in the range of $500,000 to $600,000. Levang asked if the price of the homes could be decreased with the higher density. Peterson stated in concept you might be able to but the amount of square footage would not change much. Levang asked how the price could be decreased and whether it would be possible to do perhaps 70 percent single-family and the rest in multi-family. Peterson asked what price range the Council is looking for. McMillan stated they would need to do more research on that. Levang stated there could perhaps be a couple of four-plexes. Levang asked if those would be less expensive than a single-family home. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 28 Peterson stated his company does not build an attached product and that he is probably not the person to be asking that question of. Peterson stated the attached product in the current marketplace is very challenging for a number of reasons and one of the primary reasons is HOA litigation. Peterson noted 65 percent of the product that was built in the Metropolitan area up through 2007 or 2008 was attached product and that since that time it has been 10 percent or less. Walsh stated people who own a million dollar home might be interested in downsizing to something like this. McMillan stated Lots 11 through 15 may be a little more challenging to sell. Walsh stated it is nice to have neighborhoods and that it might be a good idea to include a park. Walsh stated he has a problem with the 5-foot separation and a front yard setback of 11 feet. Walsh stated in his view they would be doing Orono a disservice by having things that jammed up. Gonyea stated a lot of the attached family housing is still available on the market, which is part of the reasoning to put up a competing product. McMillan stated she would like to see whether there is a way to have some cheaper options available and that she worries about the future of homeownership in general. McMillan stated in her view diversity in housing is a benefit to Orono. Gonyea stated the other component is that the owners would not have the maintenance since it is done through the association. Walsh asked if they are looking for any other feedback. Peterson stated in regards to the affordability component, the Metropolitan Council has an affordability table and that he would like to obtain that from the City to see whether they can meet those. Gaffron stated he does have that data available but it is unlikely the applicant will be able to get there. Gaffron stated the Metropolitan Council says affordable housing is anywhere from 70 to 240 and that it appears the best they would be able to do is the 250 to 300 range. Walsh stated due to the number of homes that would be in this development, it would make sense to have this be a public road, which would impact the width of the road and other things. Gonyea stated what is depicted is pretty close to public standards. Gaffron stated according to the Comprehensive Plan, it should be a public road based on the density. Gaffron stated he also discussed with the applicant whether or not the wetland should be treated as a common amenity. Gaffron stated it is not possible to get all the way around the wetland with a trail and that in his view the lots would sell better if each lot has a piece of the wetland. Gaffron indicated he does not have a problem with this type of layout and that outlots really do not fit with this design. Gaffron asked whether the City Council feels a trail connection should be provided. Gaffron noted drainage will also need to be addressed. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 23 of 28 McMillan noted there is a trail on the other side of Old Crystal Bay Road and that perhaps they should consider a little trail to the corner. McMillan stated they probably do not want people crossing over Old Crystal Bay Road. McMillan noted the Planning Commission did discuss a trail around the wetland but that she does not see the need for an internal trail system given the other trail in the area. McMillan suggested a small playground area be considered. Levang stated the schools also have a number of amenities that the residents could take advantage of. The City Council took no formal action on this item. 14. #15-3756 CITY OF ORONO, AMEND CITY CODE SECTION 86-68 SURVEY REQUIREMENTS Barnhart noted in May of this year the Council amended the requirements of a permit application. These changes included allowances for a site plan to be prepared by a licensed professional to be submitted in the place of a survey for building and grading permits. It also provided allowances for an exemption for projects of smaller magnitude that meet certain defined minimum criteria. Barnhart indicated Staff has prepared an ordinance for discussion purposes that allow the flexibility the Council is looking for. Barnhart stated the proposed language provides flexibility for smaller projects that are well within the required setbacks on any lot that has an as-built survey on file and that it is Staff’s goal to maintain a consistent level of requirements to avoid a number of differing regulations that may be confusing. Barnhart stated Staff is looking for direction on this item and whether any changes should be made. McMillan requested Staff talk about what an as-built survey is versus an existing survey. Barnhart stated an as-built survey verifies what is on the property following completion of a project. A regular survey would be done before the project is started. Barnhart stated Staff feels comfortable that an as-built survey that meets the requirements is a good starting point. Levang asked if they want to limit how old the as-built survey can be. Barnhart stated that type of language could be added and that he is looking for feedback. Barnhart stated an as-built survey could be from 2006 and there may not be any changes to the property since that time and there may be an as-built from 2013 where a number of changes have taken place. McMillan asked if the survey is 15 years old and nothing has been done to the house, whether that would be too old of a survey. McMillan asked whether the as-built survey would also need to include drainage pathways. Barnhart stated Staff is looking for an as-built but that it will depend on what the project is for whether drainage needs to be depicted on the as-built. Loftus asked who would go out to the property to ensure it is accurate. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 24 of 28 Barnhart stated some of the responsibility would be shifted from the survey company to City Staff. McMillan stated a small fee could perhaps be charged. Barnhart indicated Staff could look at the fee schedule. Barnhart stated in the previous city he worked at, they started with a survey, the property owner can make modifications to the survey for a small project, but that bigger projects required a full survey. Barnhart stated patios, small sheds, and small deck expansions often can be accommodated with an older survey. Barnhart noted last week he reviewed a project where they were proposing constructing a 240 square foot deck, 75 feet in from all property lines. Barnhart stated if it did not meet the five criteria that were approved in May, they would have been required to go through the survey process. Printup stated in his view this is a great step forward and that he would continue to encourage Staff to look at lots under two acres to see what other kind of flexibility can be given. Levang asked if this amendment would apply to anybody regardless of how many acres they have. Barnhart indicated that is correct as long as they meet the other requirements. McMillan stated this would help people who have constructed a deck and then at some point would like to add a small patio. McMillan asked in the case of a hypothetical 200 square foot deck or patio, whether the person could bring a survey in, draw on it showing where the patio is going to go, and then Staff would say okay, look at the criteria, and perhaps verify and decide whether additional drainage information is required. Barnhart stated in that situation, assuming that it meets the setback requirements, Staff would look at the survey to see where proposed drainage ways are and the impact the patio or deck would have. Barnhart stated if it is within the setbacks, those issues are lessened somewhat in the sense that there is separation between the properties. Barnhart stated if the setback is 50 feet and they are proposing something at 55 feet, a survey would be required. Barnhart indicated he would like to bring this back to the Council at some point in the future once it is further refined. McMillan asked how hardcover would be handled. Barnhart stated the hardcover would need to be verified. McMillan suggested language to that extent be included. *15. ENCROACHMENT AGREEMENT – WOODDALE BUILDERS, 2460 COBBLESTONE COURT Levang moved, Printup seconded, to approve the encroachment agreement between the City of Orono and Stonebrook Development, LLC, for 2460 Cobblestone Court. VOTE: Ayes 5, Nays 0. COMMUNITY DEVELOPMENT DIRECTOR REPORT MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 25 of 28 Barnhart reported for the first half of last year the City approved 23 new homes and this year the City has already approved 31 new homes. Barnhart indicated there were 630 total permits issued last year and 794 permits this year and 50 land use cases as of the beginning of July. Barnhart indicated Staff has also been working closely with Council Member Levang on the Navarre bike event planned for September 20. Barnhart stated it is likely that in the next couple of weeks there will be a request for waiver of fees for temporary signs and special events from the Navarre Initiative Group. Barnhart stated Staff has also been working under the authority the Council provided last November to review the temporary sign ordinances. Barnhart stated to his knowledge the Planning Commission reviewed that in January or February of this year and did not see any need to change that mainly because there was no critical issue that needed to be addressed. Barnhart stated in his view there is some opportunity to allow for some signs for nonprofit or city events and that he would like to bring that through the Planning Commission process later this summer. McMillan stated the Long Lake Fire Department breakfast is another example and that it would be nice to allow those types of signs. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT *16. WATERTOWN AND STUBBS BAY ROAD REHABILITATION – PAY REQUEST NO. 1 Levang moved, Printup seconded, to approve Pay Request No. 1 to Bituminous Roadways in the amount of $170,112.09 for the Watertown Road and Stubbs Bay Road Rehabilitation Project. VOTE: Ayes 5, Nays 0. *17. WATER PLANT IMPROVEMENTS – PAY REQUEST NO. 4 Levang moved, Printup seconded, to approve Pay Request No. 4 to Municipal Builders, Inc., in the amount of $38,725.09 for the water treatment systems improvement project. VOTE: Ayes 5, Nays 0. *18. NAVARRE LIGHTING AND SIDEWALK PROJECT – PAY REQUEST NO. 6 Levang moved, Printup seconded, to approve Pay Request No. 6 for the contract MP Technologies in the amount of $13,876.81 for the Navarre streetlight and sidewalk project. VOTE: Ayes 5, Nays 0. *19. GOLF CORUSE SEASONAL EMPLOYEEAPPOINTMENT Levang moved, Printup seconded, to approve the seasonal hiring of Kathryn Bartee as a clubhouse assistant. VOTE: Ayes 5, Nays 0. *20. ACCEPT DONATION – RESOLUTION NO. Levang moved, Printup seconded, to adopt RESOLUTION NO. , a Resolution Accepting a Donation from Sarah and John Lindahl for use at Crystal Bay Park. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 26 of 28 MAYOR/COUNCIL REPORT Cornick stated he hopes the Council will take to heart what Gabriel Jabbour had to say and that he is in agreement with what he had to say. Levang reported the Navarre Initiative Group is moving forward on the Navarre bike event and that as part of that event there will be a bike rodeo led by Council Member Cornick. Levang stated the red bike out in front of the City offices is one of the event’s bikes that helps symbolize more biking in Navarre. Levang indicated the bikes came from someone she knows and that they have been painting them and placing them around Navarre. Levang noted the Park Commission met last week and that they have been working on changes to the City’s website relating to the parks. Levang stated she has been out taking photos of the various park amenities for possible inclusion on the website. The Park Commission has also been working on updating the City’s adopt-a-park program that will be unveiled in the fall. McMillan stated she would like to thank City Administrator Loftus and Police Chief Farniok for their work on the open house event. McMillan stated the event went very well. McMillan stated she would echo what Council Member Cornick said regarding the comments by Gabriel Jabbour and council policy. McMillan stated if any of the Council sees anything at other cities’ council meetings about policy, she would suggest sending it to City Administrator Loftus so she can compile a list. McMillan noted the City of Lake Elmo just put a policy in place for how their meetings should be conducted and that it might be worthwhile to have such a policy in Orono. CITY ADMINISTRATOR’S REPORT Loftus reported the City now allows people to opt out of the paper cards for utility billing purposes. Loftus stated she would like to follow up on the comments made by Rich Anderson and Gabriel Jabbour regarding the LMCD meeting that was mentioned. Loftus stated the impression she had from that meeting was that Orono has relied heavily on private marinas and residents’ properties in the past to unload people from the Water Patrol boats and get them medical attention. Loftus stated what she heard at that meeting was that the LMCD should explore public access points, particularly on the north end of the lake, which is in Orono. Loftus stated it would need to be somewhere that provides easy access to Big Island. Loftus stated it is hard on the marinas and their customer base to have the Water Patrol pull up to their docks with inebriated people or medical emergencies. Loftus stated the marinas have been very supportive in the past and have understood that it is an emergency, but that a fair concern is that the Water Patrol has relied on the private sector and that public land should be explored. Loftus stated there likely is not going to be a quick answer to that. McMillan stated she greatly appreciates the Lafayette Club and the marinas for their help in dealing with emergencies. McMillan stated it is an important issue but that it would be helpful to have some statistics if at all possible. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 27 of 28 Loftus noted the Orono Police Department has limited involvement with incidents that happen on the lake and that it is mainly a Water Patrol issue. McMillan stated one option would be to possibly contract with a private resident or commercial owner on the weekends. Levang stated it is important to have additional resources during the peak times but that it is also important to monitor it year-round. Cornick stated the City of Minnetonka Beach has a dock that could perhaps be utilized as a staging place and then the Water Patrol wouldn’t have to deal with the marinas. Printup inquired what other recreation lakes and rivers do nation-wide to monitor areas that are noted for partying. Loftus stated it is worth inquiring into. Loftus stated at the last Council meeting Hennepin County provided an update on the Highway 112 turnback. Since then there have been a couple of meetings hosted by the City of Long Lake and the Chamber. There is also a project advisory committee meeting Wednesday morning. Loftus stated she expects a couple of residents to attend that meeting. The main focus of the discussions is the potential road closure right next to the lake. Loftus stated the group is exploring options with Hennepin County and that the public will continue to hear more and more about that project. Loftus noted the County has been working on this project for a few years now but that the public is starting to become more attuned to it. Walsh stated the businesses have concerns about the road closures and that he has received three e-mails in the last week about it. Loftus noted there was an open house in April hosted by Hennepin County which was well attended. Loftus stated the project advisory meetings typically do not have people from the public in attendance but that she is anticipating some members of the public will start attending. McMillan stated in her view the Hennepin County Department of Transportation has been very responsive and open to comments. McMillan stated Hennepin County would like to use the turnback money while it is available and that the road has been eroding next to the lake so something needs to be done. *21. ORONO POLICE GARAGE – PAY REQUEST NO. 10 Levang moved, Printup seconded, to approve Pay Request No. 10 to Kraus Anderson on behalf of the contractors working on the Orono police garage project in an amount totaling $33,915.00. VOTE: Ayes 5, Nays 0. *22. CLAIMS/BILLS Levang Moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 13, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 28 of 28 *23. PERMITS/LICENSES One Day Special Event Liquor License Katie Kubicek 2780 Shadywood Road Orono, MN 55331 Levang moved, Printup seconded, to approve the above-listed license. VOTE: Ayes 5, Nays 0. CITY ATTORNEY’S REPORT Mattick stated he had nothing to report. ADJOURNMENT Printup moved, Levang seconded, to adjourn the Orono City Council meeting at 11:02 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _______________________________________ _______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Date Application Received:   07/18/14  Date Application Considered as Complete:  08/05/14      120‐Day Review Period Expires:   07/31/15    REQUEST FOR COUNCIL ACTION  Date: 21 July 2015  Item No.     3    Department Approval:  Administrator Approval:  Agenda Section:  Name: Melanie Curtis  mcc JML   Title: Planner  Item Description:    #14‐3678, Architectural Landscape Design o/b/o Bret & Jennifer Riemenschneider   835 Forest Arms Ln – Variance – Resolution     Zoning District: LR‐1B, One Family Lakeshore Residential, 1 acre/140’  Lot Area: 45,933 square feet (1.05 acres)  Lot Width: 140 feet     Background:  In July of 2014, the applicant applied for a number of variances that would permit improvements lakeward of the  average lakeshore setback line. These improvements and encroachments included:   16’ x 14’ elevated deck at the southeast corner of the home, extending 21 feet.    Semi enclosed screen porch below the deck, extending 21 feet into the average lakeshore setback.   2’ x 9’ entry pergola.    Also proposed but not requiring variances were a patio; two new 6’ x 9’ stoops (including stairs), a grilling station,  water feature and sitting walls which will extend as much as 22 feet toward the lake from the home and up to 33 feet  into the average lakeshore setback. The patios, sitting walls and other features are less than 42” above grade  therefore are not required to be located behind the average lakeshore setback line.    Current Request/Revised Plans:   Prior to the public hearing in August 2014 the applicant expressed to Staff the owners’ desire to enlarge the  deck/porch structure by an additional 5‐feet closer to the lake.  This plan would increase only the deck/screen porch  size to 16’ x 19’ and increase the encroachment toward the lake from 21 feet to 26 feet.  The Planning Commission  discussed the original request as well as the 5‐foot increase. The application was initially placed for review on the  Council’s September 8, 2014 agenda yet was tabled at the applicant’s request prior to the meeting.  At that time the  property owner wanted to explore changes to the plan.  The property owners requested an extension until July 31,  2015 to further explore their options.     Planning Commission Recommendation  The Planning Commission held the public hearing and discussed the original request as well as the proposed 5‐foot  increase to the structure depth. The adjacent property owners provided supportive statements regarding the  original variance; there was no one from the public present at the meeting.  On August 18, the Planning  Commission voted 6 to 0 to recommend approval of the average setback variance including the 5‐foot expansion  toward the lake subject to the applicant providing revised plans and revised support statements from the adjacent  neighbors.    The applicant continues to request an average lakeshore setback variance to allow the entry pergola and a ±19.5’ x  16.5’ one‐level roofed screen porch extending approximately 26 feet into the average lakeshore setback the  previously proposed upper deck has been removed from the plan. The patio and pergola components of the plan  remain to be very similar to the previous plan.  Based on the Planning Commission’s recommendation Staff does not  find the changes significant to trigger another Planning Commission review.      #14-3678 21 July 2015 Page 2 of 2 Planning Staff Recommendation  The applicant was unable to connect with the neighboring property owners to obtain revised statements of  support.  Since the application has been on hold for several months, staff mailed new, revised notification post  cards to the neighbors within 150’ of the applicant’s property to make them aware that this application will be  discussed at Monday’s Council meeting.    Staff recommends approval of the average lakeshore setback variance to permit the 19.5’ x 16.5’ screen porch  addition and proposed improvements outlined on the plan date‐stamped 07/22/15, subject to the following:  1. The applicant will be required to comply with the MCWD and City Engineer’s recommendations;   2. The applicant will be required to provide an updated survey prior to issuance of any permits for the project  which meets all of the City’s survey requirements.      COUNCIL ACTION REQUESTED  Council should consider a motion to adopt or amend the approval resolution as drafted. Should the Council choose  to table the application the applicants should be required to sign the request for an additional extension attached  as Exhibit G.    List of Exhibits:  Exhibit A. Draft Resolution  Exhibit B. Revised Plans (date stamped 07/22/15)  Exhibit C. “Revised” Survey – Adjusted by Staff  Exhibit D. Plans – Initial Proposal   Exhibit E. Proposed Survey –Initial Proposal   Exhibit F. Extension History  Exhibit G. Additional Extension Request   Exhibit H. PC Action Notice 08/19/14  Exhibit I. PC Staff Report & Exhibits 08/13/14  Exhibit J. PC  Minutes 08/18/14    REQUEST FOR COUNCIL ACTION    DATE:  July 27, 2015    ITEM NO:   4  _____________________________________________________________________________________  Department Approval:  Administrator Reviewed:  Agenda Section:  Name  Jeremy Barnhart JML    Planning Department Report  Title     Community Development Director  _____________________________________________________________________________________  Item Description: 15‐3712 Amend City Code Section 86‐70 Re: Building Permit Expiration  _____________________________________________________________________________________    Purpose.  In some situations, the length of time between the start and finish of a building project causes  negative impacts, affecting the health and safety of the neighborhood being exposed to ongoing  construction zones, exposed soils, and unfinished structures.  Unfinished structures can be prone to  intrusion, both from the weather and from vandals.  In response, staff proposes clarification to the  requirement to complete a project within a reasonable period of time.      Additionally, amendments are proposed to make align city ordinance with applicable authority.     Background.  Existing Municipal Code Section 86‐70 entitled “Permit Expiration” regulates the time  period for which building permits are valid.  Its requirement that buildings (interior and exterior) be  completed within a specified period of time may be challenging to enforce as the building code does not  give cities that authority.      In response, the draft ordinance requires the exterior of the building to be completed within a specific  period of time (180 days).  This is intended to protect neighborhoods from the disruptive nature of  ongoing exterior construction.  Interior modifications could conceivably go on for several years, so long  as work continues as required by the building code.      An abandoned permit, which includes a building permit in which no work has been completed within  180 days, would require a new building permit issued, and fees paid.      List of Exhibits  Draft Ordinance    COUNCIL ACTION REQUESTED:  Staff recommends approval of the ordinance as drafted.      Page 1 of 2 ORDINANCE NO. ___, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE BY AMENDING SECTION 86-70 REGARDING EXPIRATION OF BUILDING PERMITS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 86-70 of the City of Orono Municipal Code is hereby amended by adding and deleting text within Sections 86-70(a, b, and c) follows: “Sec. 86-70. Permit Expiration. (a) Notwithstanding continuing or ongoing work, Any building permit issued by the city abandoned, withdrawn, or expired shall expire and by limitation be null and void and shall require issuance of a new permit and payment of applicable fees prior to completion of the work. of half the original permit fee if a certificate of occupancy and final completion. within the following length of time after the date of permit issuance, which new permit and fee shall be necessary to reimburse the city for ongoing and more than normal number and cost of inspection services: (1) Single-family residential dwellings, including new construction, remodeling or additions, 24 months. (2) Accessory buildings on single-family residential properties, 12 months. (3) All multifamily and nonresidential construction, 24 months, except when a longer time is authorized by the council at the time the original permit is issued. (b) Notwithstanding continuing or ongoing work nor issuance of new or extended permits, all exterior work authorized by a building permit issued in accordance with the State Building Code shall be completed within one hundred-eighty (180) days following issuance of the building permit. expeditiously brought to completion to protect adjoining and nearby properties as follows: In addition, (1) No no land shall remain disturbed and exposed without established grass or other ground cover according to the approved grading and landscaping plans for a period exceeding the same 12 months month period. , or any lesser period as may be specified in the permit. (2) All exterior construction, including siding, roofing, doors, windows and finish, shall be completed and present a finished appearance within 12 months of the start of construction. (c) Failure to complete such exterior construction shall result in the expiration suspension of the existing permit. until payment of 100 percent of the original building permit has been made. Should this not Page 2 of 2 satisfy the time and materials expenditure of staff, the city shall directly bill the amount exceeding the permit with payment required prior to issuance of a final occupancy permit. Any payment under this section does not negate the permit limits of subsection (a) of this section and may not be applied to satisfy payment for a new permit under this section. This does not release the permittee from making appropriate life safety corrections nor negate other building code requirements.” SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this ___th day of _____________, 2015 on a vote of __ ayes and __ nays by the City Council of Orono, Minnesota. ATTEST: ______________________________ _____________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of ________, 2015. Date Application Received: 4/22/15 Date Application Considered as Complete: 5/5/15 120-Day Review Period Expires: 9/2/15 REQUEST FOR COUNCIL ACTION Date: July 23, 2015 Item No: 5 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron JML Planning Dept. Title: Senior Planner ______________________________________________________________________________ Item Description: #15-3739, George Stickney of BPS Properties, 300 Sixth Avenue N. - Preliminary Plat - Adopt Preliminary Plat Approval Resolution ______________________________________________________________________________ List of Exhibits A - Draft Resolution B - Draft Council Minutes 7-13-15 On July 13 the Council voted 4-1 to direct staff to draft a resolution for preliminary plat approval based on site layout Plan B (3 lots along Hunter Drive) and Road Option B (cul-de-sac at base of hill), with the road width allowed at 20 feet. A resolution incorporating appropriate findings and conditions of preliminary plat approval is attached for Council consideration and adoption. COUNCIL ACTION REQUESTED Motion to amend or adopt the attached Resolution Granting Preliminary Plat Approval for Subdivision of the Property Located at 300 Sixth Avenue North - File #15-3739. Date Application Received:   05/20/15  Date Application Considered as Complete:  05/20/15  120‐Day Review Period Expires:    09/17/15     REQUEST FOR COUNCIL ACTION  Date: 23 July 2015  Item No.    6     Department Approval:  Administrator Approval:  Agenda Section:  Name: Melanie Curtis   mcc  JML     Planning  Title: Planner  Item Description:  #15‐3744 – John Brunello – 190 Orono Orchard Road S – Variances – Resolution    Zoning District: RR‐1B, One Family Rural Residential, 2‐acres/200’ width  Lot Area: 67,235 square feet (1.5 acre)    Lot Width: 120 feet @ the 50’ setback    Application Summary:  John Brunello is requesting lot area, lot width and side street setback variances to allow construction of a new  residence on the property to be situated 30.5 feet from the Woodhill Avenue side street lot line where a 50  foot setback is required.  All other setbacks will be met.    Planning Commission Recommendation  On June 15, 2015, the Planning Commission held a public hearing and reviewed the application including the  evidence submitted.  Comments were made during the public hearing and additional written comments were  received.  Please refer to the meeting minutes attached as Exhibit G for more detail.      Following the public hearing the Commission voted 6 to 0 in favor of approval of the side street setback, lot area and lot width variances. Additionally, the Planning Commission recommended submittal of the following: 1. Elevation plans for all 4 sides of the proposed home; the applicant has provided, see Exhibit C. 2. A revised survey which shows: a. The revised driveway location and associated proposed grading; the applicant has provided. b. Spot elevations in front of the proposed garage and at the curb cut location; the applicant has provided. c. The driveway location of the neighbor across the street at 1315 Woodhill Avenue including spot elevations at the 1315 Woodhill Avenue curb cut and at the top of the driveway; the applicant has provided. 3. A proposed landscape plan; the applicant has provided, see Exhibit D   Planning Staff Recommendation  The applicant has resolved the previously noted driveway setback issue and provided the requested additional  plans and information.  Staff recommends approval of the lot area, lot width and side setback variances.  A  draft approval resolution has been provided for Council’s consideration.    COUNCIL ACTION REQUESTED  Council should consider adopting or amending the approval resolution.     #15-3744 23 July 2015 Page 2 of 2   List of Exhibits:  Exhibit A. Draft Resolution  Exhibit B. Revised Survey  Exhibit C. Revised Proposed Plans & Elevations  Exhibit D. Proposed Landscape Plan  Exhibit E. Public Comments Received  Exhibit F. PC Staff Report & Exhibits – 06/09/15   Exhibit G. PC Minutes – 06/15/15     Date Application Received: 5/20/15 Date Application Considered as Complete: 6/3/15 120-Day Review Period Expires: 10/1/15 REQUEST FOR COUNCIL ACTION Date: July 23, 2015 Item No: 7 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron Planning Dept. Title: Senior Planner ______________________________________________________________________________ Item Description: #15-3749, Homestead Partners, 185-225 Old Crystal Bay Road North - Preliminary Plat - Adopt Preliminary Plat Approval Resolution ______________________________________________________________________________ List of Exhibits A - Draft Resolution B - Draft Council Minutes 7-13-15 On July 13 the Council voted 5-0 to direct staff to draft a resolution for preliminary plat approval. A resolution incorporating appropriate findings and conditions of preliminary plat approval is attached for Council consideration and adoption. COUNCIL ACTION REQUESTED Motion to amend or adopt the attached Resolution Granting Preliminary Plat Approval for Subdivision of the Property Located at 185-225 Old Crystal Bay Road North - File #15- 3749. Date Application Received:   05/20/15  Date Application Considered as Complete:  05/29/15  60‐Day Review Period Expires:    07/28/15     REQUEST FOR COUNCIL ACTION  Date: 22 July 2015  Item No.     8    Department Approval:  Administrator Approval:  Agenda Section:  Name: Melanie Curtis   mcc  JML    Planning  Title: Planner  Item Description:  #15‐3750 –Jeff VonFeldt & Elaine Wyatt – 1990 Shadywood Rd – Variances – Resolution    Zoning District: LR‐1C, One Family Lakeshore Residential, 0.5 acre/100’  Lot Area: 7,265 square feet (0.16 acre)    Lot Width: 52’ at the OHWL & 53’ at the 75’ setback  Application Summary:  On July 13th the Council reviewed the applicants’ request for variances in order to construct a second story  addition over the existing home.  Council directed staff to draft an approval resolution for review and  adoption at the July 27th meeting.     Planning Staff Recommendation  Staff recommends approval of the resolution as drafted.    COUNCIL ACTION REQUESTED  Council should consider adopting or amending the attached approval resolution.    List of Exhibits:  Exhibit A. Draft Resolution   Exhibit B. Council Staff Report & Exhibits – 07/08/15   Exhibit C. Draft Council Minutes – 06/15/15     REQUEST FOR COUNCIL ACTION    DATE:  July 27, 2015    ITEM NO:   9  _____________________________________________________________________________________  Department Approval:  Administrator Reviewed:  Agenda Section:  Name  Jeremy Barnhart  JML    Planning Department Report  Title     Community Development Director  ____________________________________________________________________________________  Item Description: 15‐3756 City of Orono, Amend City Code Section 86‐68 Survey Requirements  ____________________________________________________________________________________  Purpose.    The proposed ordinance refines the criteria when a survey or certified site plan is not required.      Background.  On July 13th, the City Council reviewed a draft ordinance that proposes amendments to the  survey/ site plan requirements for smaller projects that are well within the required setbacks on any lot  that has an as‐built survey on file.  It is important to note that a site plan is still required for most  building permits, though they do not need to be ‘certified’ by the professionals listed.       During this review, the Council seemed supportive of the changes proposed, but questioned the age/  accuracy of the as‐built surveys, and how hardcover would be addressed.  Responses to both comments  are summarized below:   Age/ accuracy of the survey.  The draft ordinance requires a survey that accurately describes the  property conditions.  An as‐built survey is not required, just an accurate certified survey.  The concern  was that all surveys are a snapshot in time, and may not reflect current conditions.  For example, an as‐ built survey from 2006 that does not reflect changes made since is less beneficial that a survey provided  (with no as‐built required) for a 2010 project.     Hardcover.  Hardcover calculations are required as part of the building permit application.  For  clarity, the statement in Section 2 d of the attached ordinance requires information necessary to review  a project, and lists hardcover, grading, and landscaping requirements specifically.      Analysis.  The draft ordinance does require more time and discretion on the part of staff, to determine:  if the survey accurately describes the conditions, adequate evidence regarding the average lake shore  setback is provided, and all other necessary information is provided.      List of Exhibits  Draft ordinance  Staff report to City Council dated July 13, 2015    COUNCIL ACTION REQUESTED:  Staff recommends adoption of the ordinance as presented.  Page 1 of 2 DRAFT ORDINANCE NO. ___, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE BY AMENDING SECTION 86-68 REGARDING SURVEY REQUIREMENTS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 86-68 of the City of Orono Municipal Code is hereby amended by adding and deleting text within Sections 86-68 (b) as follows: (b) Surveys required: (1) Initial survey or site plan. Any building, zoning or general permit application for construction of a new structure, or expansion of an existing structure or land alteration shall be accompanied by a certificate of survey or site plan drawn to scale prepared by a person registered by the Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, and Interior Design. A certificate of survey or site plan shall conform to the City of Orono Survey and Site Plan Requirements. a. The certification of the plan by a licensed professional may be exempted by the city engineer if the project meets all of the following: 1) An existing As-Built survey accurately describes existing property conditions exists for the property; 2) Property is located outside the Shoreland Overlay District; 3) Property is not subject to the Stormwater Quality Overlay District; Property contains 2.0 acres or greater in area; 4) 2) Proposed project exceeds the required setback requirements by 150%; and 5) 3) Proposed project footprint does not exceed 200 square feet; 4) Evidence that the Average Lake Shore setback is met is provided, and 5) Information necessary to ensure the project conforms to City codes and ordinances, including hardcover, grading, and landscaping requirements is provided. (2) Foundation survey. A foundation survey shall be submitted to the city for review and approval, unless exempted by the building official, upon completion of the foundation work for all buildings and all additions to buildings. The foundation survey, prepared by a Minnesota Registered Land Surveyor, shall certify the lot dimensions; front, side, rear, lakeshore, and wetland setbacks; and foundation elevation. A foundation survey must be submitted before proceeding with framing or further construction. In lieu of a Page 2 of 2 survey a letter prepared by a Minnesota Registered Land Surveyor containing the same information as a foundation survey may be submitted. (3) As-built survey. An as-built survey, prepared by a Minnesota Registered Land Surveyor, shall be submitted to the city for review and approval upon the completion of all buildings and all additions to buildings, unless exempted by the building official. The as-built survey shall certify the final topography of the site; verify drainage patterns; and provide hardcover calculations for lots in the Shoreland Overlay District. An as- built survey must be approved before the issuance of a certificate of occupancy. In the event that weather or other conditions prevent the completion of an as-built survey at the time the Certificate of Occupancy is requested, applicant shall provide a sufficient financial guarantee and establish an escrow agreement to ensure completion of the as- built survey. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this __th day of __________, 2015 on a vote of __ ayes and __ nays by the City Council of Orono, Minnesota. ATTEST: ______________________________ _____________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of ________, 2015. REQUEST FOR COUNCIL ACTION DATE: July 13, 2015 ITEM NO: 14 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director ____________________________________________________________________________________ Item Description: 15-3756 City of Orono, Amend City Code Section 86-68 Survey Requirements ____________________________________________________________________________________ List of Exhibits Draft ordinance Purpose. Staff seeks direction to amend the requirements for a survey on lots less than 2 acres. Background. On May 11th, the Council amended the requirements of a permit application. These changes included allowances for a site plan to be prepared by a licensed professional to be submitted in the place of a survey for building and grading permits; and provided allowances for an exemption for projects of smaller magnitude that meets certain defined minimum criteria. During the review of that ordinance there were some concerns that the ordinance did not adequately address the needs of lots less than 2 acres. In response, staff has prepared an ordinance for discussion purposes that allow the flexibility, as well as minimum information necessary to responsibly review an application. The proposed language provides flexibility for smaller projects that are well within the required setbacks on any lot that has an as-built survey on file. Further, it is staff’s goal to maintain a consistent level of requirements, to avoid a number of differing regulations that may confuse users. Key points: 1. As built survey. In situations where an as-built survey is not present, a survey or site plan will be required. 2. Building vs structures. Building foot print (Decks, sheds, building additions) would need to be less than 200 square feet. Non-building structures (patios, etc) are not restricted by the size limitation. 3. Average Lake Shore setback. Average Lake setback will impact building location, and is typically shown on a survey. An as-built survey is a snap shot in time, and neighboring properties may have made modifications that impact the line on the subject property. Rather than exclude all lake shore lots, the ordinance seeks evidence that average lake shore line is met. This evidence is expected through aerial photos or site inspections. COUNCIL ACTION REQUESTED: Staff seeks direction as to desired modifications to the ordinance as presented. REQUEST FOR COUNCIL ACTION    DATE:  27 July 2015    ITEM NO: 10  _____________________________________________________________________________________  Department Approval:  Administrator Reviewed:  Agenda Section:  Name  Jeremy Barnhart   JML  Planning Department Report  Title     Community Development Director  _____________________________________________________________________________________  Item Description: Request by Navarre Community Initiative to waive permit fees  _____________________________________________________________________________________    Purpose.  The Navarre Community Initiative seeks waiver of the fees associated with their planned “Bike  Navarre event.  The fees total $1,485.00, and include the special event fee, fees for temporary signs, and  the Conditional Use Permit and escrow for signage on public property.      Background.    The Navarre Community Initiative, a private group of citizens seeking to promote the businesses and  recreational offerings in the Navarre area, are actively planning a “Bike Navarre” event for September  20th.  As part of holding and advertising the event, several permits are necessary from the city.  These  permits, and their fees include:   Special Event permit ($50.00)  Temporary sign permit ($35.00)   Conditional Use Permit ($700.00)   Conditional Use Permit escrow ($700.00)     The Conditional Use Permit would authorize the placement of signs on public property, and will be  reviewed by the Planning Commission in August, and the Council later that month.      City is processing an ordinance amendment that would allow non‐profit/ civic organizations signage  options.     Other fees, imposed by the city or other organizations, including food vender permits, sales licensing,  and event insurance are not requested to be waived.    COUNCIL ACTION REQUESTED:  The Council should consider waiving these fees for a privately run, community and business outreach  event.    REQUEST FOR COUNCIL ACTION    DATE:  27 July 2015    ITEM NO:   11  _____________________________________________________________________________________  Department Approval:  Administrator Reviewed:  Agenda Section:  Name  Jeremy Barnhart  JML   Planning Department Report  Title     Community Development Director  _____________________________________________________________________________________  Item Description: Navarre Community Initiative, Request for Temporary Public Art in Parks  _____________________________________________________________________________________    List of Exhibits  Photo of art    Purpose.  The Navarre Community Initiative is requesting permission to place decorated bikes and bike  parts (wheels) in the parks in and near Navarre, both as public art and to promote the Bike Navarre  event being planned for September 20th.      Background.  The placement of materials on city property is prohibited without City Council approval,  per section 86‐2: “Permit to use public property.  It is unlawful for any person to improve or maintain  improvements on public property for a private use without first obtaining a permit from the city. In all  instances, the improvement shall be temporary and subject to the city's right to require removal or  restoration, or both; and upon the failure of the permittee to take such action, the city may remove and  restore and hold the permittee responsible for the cost.”     The art pieces are decorated bicycles and bicycle wheels and attached to stands, existing structures, or  trees within the parks and beaches, including, Navarre Park, Tower Park, Casco Point Beach and Lydiard  Beach.      The art will be placed through the end of September and will be continuously maintained by the Navarre  Community Initiative.      The Parks Commission reviewed the request at their meeting on July 6th.      COUNCIL ACTION REQUESTED:  Staff and the Parks Commission recommend approval of the request, to expire Oct 1, 2015.      REQUEST FOR COUNCIL ACTION DATE: July 27, 2015 ITEM NO: 12 ___________________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards ATE JML Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ____________________________________________________________________________________ Item Description: Baldur Park Road Award ________________________________________________________________________________________________________ List of Exhibits A- Bolton & Menk, Inc. Bid Tabulation Letter B- Bolton & Menk, Inc. Construction Services Proposal 1. Purpose. The purpose of this action item is to gain Council approval to award the Baldur Park Road improvement project. 2. Background. Baldur Park Road is a 1000 foot long bituminous low volume residential road. In 2014 it received pavement condition rating of 46 out of 100. Roads with PCIs in this range normally require reconstruction. In 2014 Baldur Park Road experienced sustained flooding further deteriorating its condition. In 2014 the residents of Baldur Park Road petitioned the City to have their road rebuilt. In 2014 the City submitted for and received funding from FEMA to restore the section of road impacted by the flooding. At the February 23, 2015 work session council directed staff to develop a way forward for completing Baldur park reconstruction in 2015. At the March 9, 2015 Council meeting the Council authorized Bolton and Menk to begin engineering and design. Based on council guidance received on May 26, 2015 we developed a hybrid design using full depth reclamation and partial depth reconstruction. Bids were received and opened on July 21, 2015. 3. Cost. The low bid is for $143,523 from GMH (see Exhibit A). In addition Bolton and Menk provided an estimate for construction oversight of not to exceed $14,750. (see Exhibit B) Who Work Cost Status Bolton &Menk Design and Bid Engineering $ 23,850 Previously approved as not to exceed GMH Baldur Park Road Construction $ 143,523 Pending award Bolton &Menk Construction Oversight $ 14,750 Pending approval as not to exceed TOTAL $ 182,123 4. Funding. The project will be funded with a combination of the funding sources below: Funding Source Amount FEMA $ 59,223 General Fund – positive variance from 2014 budget $ 94,728 Storm Water Fund $ 14,597 Sanitary sewer Fund $ 13,575 TOTAL $ 182,123 5. Timing. Project is to be completed by the end of October 2015. COUNCIL ACTION REQUESTED: Move to award the contract to GMH in the amount of $143,523 and to approve the construction phase services to Bolton and Menk in the not-to-exceed amount of $14,750. REQUEST FOR COUNCIL ACTION DATE: July 27, 2015 ITEM NO: 13 ____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards ATE JML Public Works Director/ Title Public Works Director/City Engineer City Engineer’s Report ____________________________________________________________________________________ Item Description: Northern Utilities Build Out ____________________________________________________________________________________ References: 2008 -2030 Community Management Plan List of Exhibits: A. Utilities Extension Resolution B. Water Extension Estimated Costs C. Water Extension Map D. Sewer Extension Estimated Costs 1. Purpose. The purpose of this council action is to adopt a resolution laying out the funding mechanism and cost distribution plan for the build out of water and sewer utilities along CSAH 112. 2. Situation. Developers have begun to show interest in developing properties along the western portion of CSAH 112. The area is divided into three parcels with developers actively interested in the two end parcels. There are currently no known plans to develop the center parcel, Dumas Orchards. The Community Management Plan (CMP) calls for these areas to be serviced with municipal water and sanitary sewer. Currently water and sewer service only extends westward to the corner of Old Crystal Bay Road and CSAH 112. 3. Cost Distribution Methodology. In order to distribute the cost of the project to the benefiting properties in an equitable manner the city will divide up projects to associate specific portions of a project with the benefiting property. The cost will be further allocated based on the potential demand of the benefiting properties by using the maximum # of units of each development area could accommodate based on the current CMP land use guide plan. 4. Funding Mechanism. Since it is likely that the east and west ends of the expansion area will develop first with the middle section not developing for years or decades, the City will fund the projects and then charge the developers for their portion as each development occurs. 5. Estimated costs. The following table indicates the estimated costs per developable parcel. Parcel Municipal Water Sanitary Sewer Total James $ 79,903 $ 45,467 $ 125,370 Dumas $114,214 $ 435,767 $ 549,981 Eisenger $307,878 $ 220,567 $ 528,445 Total $501,995 $ 701,801 $1,203,796 COUNCIL ACTION REQUESTED: Motion to adopt the resolution laying out the funding mechanism and cost distribution plan for the build out of water and sewer utilities along CSAH 112. A RESOLUTION OUTLINING THE FUNDING MECHANISM AND COST DISTRIBUTION PLAN FOR THE PROVISION OF SANITARY SEWER AND MUNICIPAL WATER UTILITIES ALONG CSAH 112 FROM OLD CRYSTAL BAY ROAD TO CSAH 6 WHEREAS, developers have begun to show interest in developing properties along the western portion of CSAH 112. Currently water and sewer service only extends westward to the corner of Old Crystal Bay Road and CSAH 112 and, WHEREAS, the area is divided into three parcels with developers actively interested in the two end parcels. There are currently no known plans to develop the center parcel, Dumas Orchards. WHEREAS, the Community Management Plan (CMP) calls for these areas to be serviced with municipal water and sanitary sewer NOW, THEREFORE BE IT RESOLVED by the Orono City Council, that the following cost distribution methodology and funding mechanism will be used to provide for the construction of Sanitary sewer and Municipal water to the properties along the south side CSAH 112 from Old Crystal Bay Road to CSAH 6:  Cost Distribution Methodology. In order to distribute the cost of the project to the benefiting properties in an equitable manner the city will divide up projects to associate specific portions of a project with the benefiting property. The cost will be further allocated based on the potential demand of the benefiting properties by using the maximum # of units of each development area could accommodate based on the current CMP land use guide plan.  Funding Mechanism. The City will fund the projects and then charge the developers for their portion as each development occurs. ADOPTED this 27th day of July, 2015, by the City Council of the City of Orono, Minnesota. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor  Municiple Water Improvement Cost Estimate Bennifiting units Cost per Unit New Well 500,000$ 1100 455$ Upsize Water Main from 8" to 12"105,000$ 1100 95$ 12" Water Main Extension (Section 1)40,210$ 330 122$ 12" Water Main Extension (Section 2)121,313$ 220 551$ 12" Water Main Extension (Section 3)246,715$ 50 4,934$ Eisinger Property (50 Units) New Well 22,750$ Upsize Water Main from 8" to 12"4,750$ 12" Water Main Extension (Section 1)6,092$ 12" Water Main Extension (Section 2)27,571$ 12" Water Main Extension (Section 3)246,715$ TOTAL 307,878$ Dumas Property (170 units) New Well 77,350$ Upsize Water Main from 8" to 12"16,150$ 12" Water Main Extension (Section 1)20,714$ 12" Water Main Extension (Section 2)93,742$ 12" Water Main Extension (Section 3)-$ TOTAL 114,214$ James Property (110 Units) New Well 50,050$ Upsize Water Main from 8" to 12"10,450$ 12" Water Main Extension (Section 1)13,403$ 12" Water Main Extension (Section 2)-$ 12" Water Main Extension (Section 3)-$ TOTAL 73,903$ WAYZATA BLVD 0 EXISTING UNITS 50 TOTAL MAXIMUM UNITS ORONO IND. PARK 54 EXISTING UNITS 115 TOTAL MAXIMUM UNITS ORONO SCHOOLS 86 EXISTING UNITS 86 TOTAL MAXIMUM UNITS ORONO MIDDLE SCHOOL 27 EXISTING UNITS 27 TOTAL MAXIMUM UNITS ORONO SCHOOL ANNEX 2 EXISTING UNITS 2 TOTAL MAXIMUM UNITS CITY OFFICE COMPLEX 12 EXISTING UNITS 15 TOTAL MAXIMUM UNITS KELLEY PKWY 2 0 EXISTING UNITS 12 TOTAL MAXIMUM UNITS 0 1000 Scale Feet CSAH 6 CSAH 112 OL D C R Y S T A L B A Y R D WI L L O W D R KELLER RD CSAH 112 OLD WAYZATA BLVD CSAH 6 KELLE Y P K W Y Orono Existing & Total Maximum Water Units LAKE CLASSEN, NE 6 EXISTING UNITS 17 TOTAL MAXIMUM UNITS HWY 12 CORRIDOR 292 EXISTING UNITS 479 TOTAL MAXIMUM UNITS 2000 Map Date : April 27, 2015 KELLEY PKWY DENTAL 5 EXISTING UNITS 5 TOTAL MAXIMUM UNITS ORONO SCHOOLS ICE RINK 12 EXISTING UNITS 12 TOTAL MAXIMUM UNITS Upsize 8" To 12" 12" EXTENSION NEW WELL DUMAS ORCHARD 0 EXISTING UNITS 170 TOTAL MAXIMUM UNITS JAMES PROPERTY 0 EXISTING UNITS 110 TOTAL MAXIMUM UNITS NORTH SEWER SYSTEM EXPANSION CITY OF ORONO 7/6/15 IMPROVEMENTS  New lift station + Forcemain ............................................. 220 benefiting units  8” Sanitary Sewer Extension (East End from MH 12) ....... 330 benefiting units  8” Sanitary Sewer Extension (West End/Eisinger) ............ 50 benefiting units ESTIMATED COST OF IMPROVEMENTS  New lift station + Forcemain ............................................. $473,000  8” Sanitary Sewer Extension (East End from MH 12) ....... $136,400  8” Sanitary Sewer Extension (West End/Eisinger) ............ $45,567 COST PER UNIT  New lift station + Forcemain ............................................. $2,150/UNIT  8” Sanitary Sewer Extension (East End from MH 12) ....... $413/UNIT  8” Sanitary Sewer Extension (West End/Eisinger) ............ $1848/UNIT EISENGER PROPERTY (50 UNITS, $4,411/UNIT)  New lift station + Forcemain ............................................. $107,500  8” Sanitary Sewer Extension (East End from MH 12) ....... $20,667  8” Sanitary Sewer Extension (West End/Eisinger) ............ $92,400  TOTAL ..........................................................................$220,567* DUMAS PROPERTY (170 UNITS, $2,563/UNIT)  New lift station + Forcemain ............................................ $365,500  8” Sanitary Sewer Extension (East End from MH 12) ....... $70,266.67  8” Sanitary Sewer Extension (West End/Eisinger) ............ $0,00  TOTAL ..........................................................................$435,767* JAMES PROPERTY (110 UNITS, $413/UNIT)  New lift station + Forcemain ............................................. $0,000  8” Sanitary Sewer Extension (East End from MH 12) ....... $45,467  8” Sanitary Sewer Extension (West End/Eisinger) ............ $0,.000  TOTAL ..........................................................................$45,467* *Plus site specific improvements WAYZATA BLVD 0 EXISTING UNITS 50 TOTAL MAXIMUM UNITS (TO C) DUMAS ORCHARD 0 EXISTING UNITS 170 TOTAL MAXIMUM UNITS (TO C)ORONO IND. PARK 54 EXISTING UNITS 115 TOTAL MAXIMUM UNITS (TO C) ORONO SCHOOLS 86 EXISTING UNITS 86 TOTAL MAXIMUM UNITS (TO B) ORONO MIDDLE SCHOOL 27 EXISTING UNITS 27 TOTAL MAXIMUM UNITS (TO B) ORONO SCHOOL ANNEX 2 EXISTING UNITS 2 TOTAL MAXIMUM UNITS (TO B) CITY OFFICE COMPLEX 12 EXISTING UNITS 15 TOTAL MAXIMUM UNITS (TO B) KELLEY PKWY 2 0 EXISTING UNITS 12 TOTAL MAXIMUM UNITS (TO B) MCES METER STATION M431 PIPE A MEDINA OUTLET POINT OF INTERCONNECTION NO. 1, MH 17 MH 12 MH 8 0 1000 Scale Feet CSAH 6 CSAH 112 OL D C R Y S T A L B A Y R D WI L L O W D R KELLER RD CSAH 112 MEDINA LIFT STATION OLD WAYZATA BLVD CSAH 6 KELLE Y P K W Y Orono Existing & Total Maximum Sewer Units LAKE CLASSEN, NE 6 EXISTING UNITS 17 TOTAL MAXIMUM UNITS (TO B) HWY 12 CORRIDOR 292 EXISTING UNITS 479 TOTAL MAXIMUM UNITS (TO D) PIPE B PIPE C PIPE D 2000 Map Date : April 27, 2015 KELLEY PKWY DENTAL 5 EXISTING UNITS 5 TOTAL MAXIMUM UNITS (TO B) ORONO SCHOOLS ICE RINK 12 EXISTING UNITS 12 TOTAL MAXIMUM UNITS (TO B) JAMES PROPERTY 0 EXISTING UNITS 110 TOTAL MAXIMUM UNITS (TO C) REQUEST FOR COUNCIL ACTION DATE: July 27, 2015 ITEM NO: 14 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson JML City Administrator’s Report Title Finance Director _____________________________________________________________________________ Item Description: 2nd 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. REQUEST FOR COUNCIL ACTION DATE: July 27, 2015 ITEM NO: 15 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus JML City Administrator's Report Title City Administrator Item Description: Policy for City Council Meetings At the July 13th meeting, Mayor McMillan noted it might be worthwhile to have a policy in Orono for how meetings and council interactions should be conducted. I was asked to compile examples of what other cities are doing and gather ideas as they were passed onto me. Agenda I have received various questions about how items are placed on the agenda and how council members can add items. Our process to date has been the city administrator receives items from all the department heads. Staff organizes and balances requests throughout the year so that Council meetings are prioritized on relevant issues and so council is not inundated with too many requests outside of their set goals.  Attachment A provides the relevant code section titled “Council procedure at regular meetings”.  Attachment B provides the code section regarding the City Administrator’s “General supervisory capacity” for directing workloads.  Attachment C is the job description for City Council which details some roles/ responsibilities, as well as instruction on work direction coming through a quorum of the Council.  Attachment D is the League of MN Cities guidance on agenda formation. Questions for discussion based on issues or suggestions brought forward by various council members: 1. Is there value in adding a formal roll call at the beginning of the meeting? 2. How should council members add to the agenda? See Attachment E (f) for a recommended process used in Wayzata. 3. Do we want to add a new business section to our agenda? 4. How should Council Reports be utilized? How would policy guidelines be balanced with the desire to talk about any constituent matter? Policy on Norms of Behavior at Council Meetings Clear agreed upon protocols can be useful to a governing board.  Attachment F provides an example of “Norms of Behavior for Wayzata City Council”. The previously noted Attachment E from Wayzata also addresses interaction among members, email, guidelines for developers and the media that may be useful.  Attachment G is the Public Meeting Decorum policy for Lake Elmo.  Attachment H is the League of MN Cities guidance on electronic communications between council members.  Attachment I is an article titled “The Principle of One Voice”  Attachment J is League of MN Cities PowerPoint presented at this year’s Leadership Conference titled “Creating More Collaborative Councils” Questions for discussion based on issues or suggestions brought forward by various council members: 5. Does the city council want to adopt an official policy regarding behavior or decorum, including with the public, via email, developers, staff or media? 6. How would the policy balance the need to allow dissent and free speech? Is polite disagreement acceptable but incivility not? How do you define incivility? 7. How does the group accept decisions once made? Is there respect for each other to abide by the decisions of the group? COUNCIL ACTION REQUESTED: Provide staff with direction on how to move forward.   REQUEST FOR COUNCIL ACTION DATE: July 27, 2015 ITEM NO: 16 Department Approval: Administrator Reviewed: Agenda Section: Name: Diane Tiegs JML Administration Title: City Clerk Item Description: Hennepin County Recycling Grant Agreement Amendment Hennepin County has $3.7 million in “Select Committee on Recycling and the Environment” (SCORE) funds to award to communities for their recycling and organics programs. The Residential Recycling Funding Policy sets the terms and conditions for awarding those funds. The Hennepin County Board adopted a resolution to amend the funding policy with the following changes:  Extend the contract period from December 31, 2015 to December 31, 2016.  Incorporate state requirements to expend additional SCORE funds on organics recycling. The legislature dedicated additional funds to SCORE last year. Hennepin County has $813,764 additional funding more in SCORE funds in 2015 and will have approximately $600,000 more in 2016. Per state statue, fifty percent of the additional funds must be spent on organics. The attached resolution confirms the City’s approval of the amendment and confirms the signatory’s delegation of authority. COUNCIL ACTION REQUESTED: Consider a motion to approve the attached resolution. Page 1 of 1  RESOLUTION Authorizing Amendment to Residential Recycling Grant Agreement with Hennepin County WHEREAS, pursuant to Minnesota Statutes, Chapter 115A.552, Counties shall ensure that residents have an opportunity to recycle; and WHEREAS, Hennepin County Ordinance 13 requires that each city implement and maintain a recycling program; and WHEREAS, the Hennepin County Board adopted a resolution to amend the Hennepin County Residential Recycling Funding Policy to incorporate requirements to expend additional SCORE funds on organics recycling, and extend the contract period of the Residential Recycling Funding Policy from December 31, 2015 to December 31, 2016; and WHEREAS, in order to receive grant funds, the City must sign the agreement; and WHEREAS, the City wishes to receive these grant funds each year. NOW, THEREFORE, BE IT RESOLVED, BY THE City Council of the City of Orono, Minnesota, that the City Council accepts the agreement as proposed. BE IT FURTHER RESOLVED, by the City Council of Orono, Minnesota, authorizes the Mayor or designee to execute such Residential Recycling Grant Agreement with Hennepin County. Adopted by the Orono City Council on this 27th day of July, 2015 with all members voting ______ayes and ______nays. ATTEST: ______________________________ ______________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: July 27, 2015 ITEM NO: 17 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson JML Title Finance Director City Administrator’s Report Item Description: Orono Police Garage - Pay Request #11 Attachments: Kraus Anderson, the Construction Manager for the garage project, has submitted pay request number eleven on behalf of the contractors working on the project. The pay request is for $51,958.21. Including this pay request, a total of $2,629,985.15 (95%) of the $2,777,317.00 contract has been paid. The contractors and amounts are as follows: Description Amount WTG Terrazzo & Tile $ 2,035.00 Minnesota Utilities & Excavating $ 23,741.45 Minnetonka Plumbing $ 19,096.60 Superior Painting & Decorating $ 2,337.95 Sterling Electric $ 2,717.00 Summit Fire Protection $ 471.21 Palmer West Construction $ 1,559.00 Total $ 51,958.21 COUNCIL ACTION REQUESTED: Motion to approve the payments to the contractors working on the Orono Police Garage Project as listed in an amount totaling $51,958.21. REQUEST FOR COUNCIL ACTION Date: July 27, 2015 Item No. 18 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 103319 to 103415, totaling $271,221.61. Noteworthy payments include: MP Technologies $13,876.81 This is the final payment for the Navarre lighting & sidewalk rehabilitation Bituminous Roadways $ 7,400.00 Payment for the patch of Townline Road. The City of Independence is contributing partial funding to this project. Global Test Supply $ 5,999.00 Purchase of the Thermal Imaging Camera that received partial funding through a grant from Centerpoint. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ACCURINT 07/27/2015 103319 1297291-201 101-42110-311 Jun Contract fee Police Department 116.50 Total 103319:116.50 Advanced Imaging Solutions 07/27/2015 103320 77433 101-42110-401 printer maint contract 7/10 to 8/9 Police Department 107.97 Advanced Imaging Solutions 07/27/2015 103320 77433 101-41900-401 printer maint contract 7/10 to 8/9 Central Services 86.37 Advanced Imaging Solutions 07/27/2015 103320 77433 602-49450-401 printer maint contract 7/10 to 8/9 Sewer 21.59 Total 103320:215.93 Advanced Imaging Solutions 07/27/2015 103321 77760 101-41900-413 toner shipping Central Services 12.86 Total 103321:12.86 ALL SEASON SPORTS 07/27/2015 103322 8559 101-42110-226 hats Police Department 182.00 Total 103322:182.00 BCA FORENSIC SCIENCE LAB 07/27/2015 103323 23980 101-42110-437 training C. Fischer Police Department 75.00 Total 103323:75.00 BITUMINOUS ROADWAYS INC 07/27/2015 103324 24083 435-48962-590 Townline Rd Patch 7,400.00 Total 103324:7,400.00 BOLTON & MENK INC.07/27/2015 103325 179478 101-43280-304 2012-01206 2789 Pheasant Rd Special Services 756.00 BOLTON & MENK INC.07/27/2015 103325 179725 651-49910-304 MS4 Admin Storm Water 1,870.00 BOLTON & MENK INC.07/27/2015 103325 179727 601-16500 North system well 3,165.50 BOLTON & MENK INC.07/27/2015 103325 179728 602-16500 Sanitary sewer rehab 1,714.00 BOLTON & MENK INC.07/27/2015 103325 179730 601-16500 Well house/WTP improvement 5,453.87 BOLTON & MENK INC.07/27/2015 103325 179732 435-48964-304 Baldur Park Rd 17,414.00 BOLTON & MENK INC.07/27/2015 103325 179745 101-43280-304 15-3737 1150 Homestead Trl Special Services 54.00 BOLTON & MENK INC.07/27/2015 103325 179746 101-43280-304 15-3739 300 Sixth Ave Special Services 1,080.00 BOLTON & MENK INC.07/27/2015 103325 179747 101-43280-304 15-3725 Highwood Rd Special Services 216.00 BOLTON & MENK INC.07/27/2015 103325 179749 101-43280-304 15-3716 3850 Watertown Rd Special Services 216.00 BOLTON & MENK INC.07/27/2015 103325 179750 101-43280-304 15-3749 Crystal Bay Estates Special Services 1,080.00 BOLTON & MENK INC.07/27/2015 103325 179751 101-43280-304 13-3624 3165 North Shore Special Services 129.00 BOLTON & MENK INC.07/27/2015 103325 179752 101-43280-304 14-3631 Northern Oaks Special Services 225.00 BOLTON & MENK INC.07/27/2015 103325 179753 101-43280-304 Glendale Cove Special Services 225.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC.07/27/2015 103325 179754 601-49400-304 GIS/mapping water Water 480.00 BOLTON & MENK INC.07/27/2015 103325 179754 602-49450-304 GIS/mapping sewer Sewer 425.00 BOLTON & MENK INC.07/27/2015 103325 179754 651-49910-304 GIS/mapping storm sewer Storm Water 10,780.00 BOLTON & MENK INC.07/27/2015 103325 179756 602-49450-304 Sewer improvements Sewer 150.00 BOLTON & MENK INC.07/27/2015 103325 179759 402-48056-304 Watertown Rd imp Watertown Road 30,721.50 BOLTON & MENK INC.07/27/2015 103325 179760 651-16500 Kelley Ave storm sewer 7,107.50 BOLTON & MENK INC.07/27/2015 103325 179761 101-43280-304 Lakeview Addn Special Services 3,991.50 BOLTON & MENK INC.07/27/2015 103325 179762 408-48800-590 Navarre lighting 457.00 BOLTON & MENK INC.07/27/2015 103325 179763 101-43170-304 Willow Drive recon Engineering 75.00 Total 103325:87,785.87 BRIGGS, BRIGHAM 07/27/2015 103326 72115 999-10015 Refund UB overpayment 168.97 Total 103326:168.97 BUDGET PRINTING 07/27/2015 103327 8194 601-49400-201 inspection notices Water 299.20 Total 103327:299.20 CARDMEMBER SERVICE 07/27/2015 103328 CF70915 101-42110-240 blower/vac Mn Equipment Police Department 233.48 CARDMEMBER SERVICE 07/27/2015 103328 CF70915B 101-42110-352 course completion cards Vista Print Police Department 417.19 CARDMEMBER SERVICE 07/27/2015 103328 CF71015 101-42110-439 food for open house setup/cleanup Papa Murphy's Police Department 34.75 CARDMEMBER SERVICE 07/27/2015 103328 CF71115 101-42110-439 food for open house Coborns Police Department 103.45 CARDMEMBER SERVICE 07/27/2015 103328 RO72015 101-41500-437 MNGFOA conf registration P. Zimmerman Finance Department 225.00 CARDMEMBER SERVICE 07/27/2015 103328 SO71615 101-43000-226 PPE/rain coat Tractor Supply Public Works Department 39.99 CARDMEMBER SERVICE 07/27/2015 103328 SO71715 101-45200-223 ice and cups Parks 7.62 CARDMEMBER SERVICE 07/27/2015 103328 TA70615 101-43000-212 gas for chainsaws-Olsons Public Works Department 26.40 CARDMEMBER SERVICE 07/27/2015 103328 TA70815 101-43000-226 PPE/safety clothing Tractor Supply Public Works Department 114.95 CARDMEMBER SERVICE 07/27/2015 103328 TA70915 101-41900-223 flowers front of PW bldg-Twin Orchards Central Services 100.25 Total 103328:1,303.08 CEMSTONE 07/27/2015 103329 1519428 101-45200-223 Crystal Bay Park concrete Parks 386.00 CEMSTONE 07/27/2015 103329 1522827 234-45680-404 Lurton Park concrete for picnic tables 352.75 Total 103329:738.75 CHESTNUT CAMBRONNE PA 07/27/2015 103330 127539 101-41600-306 conflict prosecution Law/Legal Services 338.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103330:338.00 CHRIS FISCHER 07/27/2015 103331 63015 101-42110-439 reimb chamber meeting lunches Police Department 40.00 Total 103331:40.00 CHUNKS LAKESHORE AUTO 07/27/2015 103332 12936 101-42110-402 #228 oil change, tires, air filter Police Department 170.02 CHUNKS LAKESHORE AUTO 07/27/2015 103332 12937 101-42110-402 battery Police Department 277.04 CHUNKS LAKESHORE AUTO 07/27/2015 103332 12941 101-42110-402 #240 oil change Police Department 45.79 CHUNKS LAKESHORE AUTO 07/27/2015 103332 12946 101-42110-402 #223 oil change, repairs Police Department 286.30 CHUNKS LAKESHORE AUTO 07/27/2015 103332 12952 101-42110-402 #229 oil change Police Department 45.79 CHUNKS LAKESHORE AUTO 07/27/2015 103332 12953 101-42110-402 #238 oil change, air filter Police Department 105.84 Total 103332:930.78 CITY OF LONG LAKE 07/27/2015 103333 201356 602-49450-387 2nd Qtr sewer Sewer 3,217.80 CITY OF LONG LAKE 07/27/2015 103333 201356 601-49400-387 2nd Qtr water Water 2,075.89 Total 103333:5,293.69 City of Orono Utilities 07/27/2015 103334 63015 101-41900-382 Post Office 2nd Qtr UB Central Services 151.46 City of Orono Utilities 07/27/2015 103334 63015 601-49400-382 Water Plant 2nd Qtr UB Water 269.92 City of Orono Utilities 07/27/2015 103334 63015 101-41900-382 PW 2nd Qtr UB Central Services 349.55 City of Orono Utilities 07/27/2015 103334 63015 101-41900-382 City Hall 2nd Qtr UB Central Services 654.48 City of Orono Utilities 07/27/2015 103334 63015 101-42110-382 PD 2nd Qtr UB Police Department 654.47 Total 103334:2,079.88 CITY OF WAYZATA 07/27/2015 103335 71515 602-49450-387 2nd Quarter sewer Sewer 12,116.22 CITY OF WAYZATA 07/27/2015 103335 71515 601-49400-387 2nd Quarter water Water 5,681.20 Total 103335:17,797.42 COMMERCIAL ASPHALT 07/27/2015 103336 150630 651-49910-227 culvert repair patch OCB Storm Water 1,016.27 COMMERCIAL ASPHALT 07/27/2015 103336 150715 101-43000-224 Navarre Parking Lot Public Works Department 225.13 Total 103336:1,241.40 CONSTRUCTION MIDWEST INC 07/27/2015 103337 556911 234-45680-404 Lurton Park picnic table concrete 117.68 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103337:117.68 CORREY FARNIOK 07/27/2015 103338 62615 101-42110-201 reimb items for kitchen Police Department 45.08 Total 103338:45.08 DAHL, GRACE 07/27/2015 103339 72115 101-22205 Escrow refund 2014-00813 2,000.00 Total 103339:2,000.00 DAY DISTRIBUTING CO 07/27/2015 103340 811206 101-45210-091 beer Golf Course 219.20 Total 103340:219.20 DELANEY, DAVID 07/27/2015 103341 72115 101-22205 Escrow refund 14-3686 8,600.00 Total 103341:8,600.00 DELANO RENTAL 07/27/2015 103342 8360 101-45200-415 brushcat rental French Creek Parks 300.30 Total 103342:300.30 DETERS, JEFF 07/27/2015 103343 72115 101-22205 Escrow refund 2014-01044 2,500.00 Total 103343:2,500.00 DIAMOND MOWERS INC.07/27/2015 103344 98661 101-43000-221 repair parts Public Works Department 173.30 Total 103344:173.30 DPC INDUSTRIES 07/27/2015 103345 827000991-1 601-49400-216 chemicals Water 303.00 DPC INDUSTRIES 07/27/2015 103345 827000992-1 601-49400-216 chemicals Water 389.67 Total 103345:692.67 ECM PUBLISHERS INC 07/27/2015 103346 234236 101-41900-352 legal ads Central Services 240.24 ECM PUBLISHERS INC 07/27/2015 103346 236938 101-41900-352 job posting PW Central Services 87.36 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103346:327.60 FEHRESTI, MAJID 07/27/2015 103347 72115 101-22205 Escrow refund 2012-00828 2,000.00 Total 103347:2,000.00 FINANCE AND COMMERCE 07/27/2015 103348 742266610 101-41900-352 Baldur Park Rd construction ad Central Services 189.59 Total 103348:189.59 G & K SERVICES 07/27/2015 103349 100619633 101-41900-404 mats City Hall Central Services 21.20 G & K SERVICES 07/27/2015 103349 1006196331 101-41900-404 mats council chambers Central Services 10.80 Total 103349:32.00 GENUINE PARTS COMPANY/NA 07/27/2015 103350 279181 101-43000-224 supplies Public Works Department 14.34 GENUINE PARTS COMPANY/NA 07/27/2015 103350 279224 101-43000-222 backup alarm Public Works Department 34.95 GENUINE PARTS COMPANY/NA 07/27/2015 103350 279524 101-43000-222 filters Public Works Department 57.09 GENUINE PARTS COMPANY/NA 07/27/2015 103350 281614 101-42110-221 headlights Police Department 30.69 GENUINE PARTS COMPANY/NA 07/27/2015 103350 281800 101-42110-221 #227 repair Police Department 7.48 Total 103350:144.55 GEPHART ELECTRIC CO INC 07/27/2015 103351 80107 101-43000-403 rewire crane hoist Public Works Department 661.01 Total 103351:661.01 GLOBAL TEST SUPPLY 07/27/2015 103352 23635-00 101-42110-580 thermal night vision camera-Centerpoint grant Police Department 5,999.00 Total 103352:5,999.00 GOLF MAX 07/27/2015 103353 171303 101-45210-095 gloves Golf Course 72.95 Total 103353:72.95 HENNEPIN COUNTY INFOR TE 07/27/2015 103354 1000062513 101-43000-240 radio admin fee Public Works Department 47.73 Total 103354:47.73 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount HENNEPIN COUNTY INFOR TE 07/27/2015 103355 1000062481 101-42110-414 radio lease and MDC billing Police Department 2,197.99 Total 103355:2,197.99 HENNEPIN COUNTY SHERIFF 07/27/2015 103356 1000062425 101-41600-309 jail charges Law/Legal Services 619.68 Total 103356:619.68 HENNEPIN COUNTY TREASUR 07/27/2015 103357 2015-30 101-41900-201 labels Central Services 27.50 Total 103357:27.50 IVAN CORAZALLA 07/27/2015 103358 71515 101-45210-095 reimb golf balls Golf Course 117.96 Total 103358:117.96 JAY MCCOY 07/27/2015 103359 71615 101-42110-439 reimb food/beverages Spirit of the Lakes Police Department 70.03 Total 103359:70.03 KELLENBERGER, GREG 07/27/2015 103360 72115 101-22205 Escrow refund 2013-01043 2,500.00 Total 103360:2,500.00 LOGIS 07/27/2015 103361 40368 101-42110-310 police records 6/15 Police Department 5,347.00 LOGIS 07/27/2015 103361 40368 101-42110-329 internet 6/15 Police Department 193.50 LOGIS 07/27/2015 103361 40368 101-41900-329 internet 6/15 Central Services 193.50 LOGIS 07/27/2015 103361 40432 101-41900-401 IT budget Central Services 210.00 LOGIS 07/27/2015 103361 40432 101-42110-401 MDC boot issues Police Department 52.50 Total 103361:5,996.50 LONG LAKE TRUE VALUE 07/27/2015 103362 B265972 101-43000-221 supplies Public Works Department 34.44 LONG LAKE TRUE VALUE 07/27/2015 103362 B267200 101-43000-221 supplies Public Works Department 9.92 LONG LAKE TRUE VALUE 07/27/2015 103362 B269221 101-43000-221 supplies Public Works Department 18.07 LONG LAKE TRUE VALUE 07/27/2015 103362 B270378 101-45200-223 supplies Parks 16.12 LONG LAKE TRUE VALUE 07/27/2015 103362 B273079 602-49450-406 supplies Sewer 4.98 LONG LAKE TRUE VALUE 07/27/2015 103362 B27506 101-45200-221 bug killer Parks 19.98 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103362:103.51 MADD 07/27/2015 103363 7112015 101-42110-221 Crash Car for open house Police Department 200.00 Total 103363:200.00 MADISON NATIONAL LIFE 07/27/2015 103364 1176639 101-21713 Aug LTD 1,341.92 Total 103364:1,341.92 MANSFIELD OIL COMPANY 07/27/2015 103365 619547 101-43000-212 Diesel Public Works Department 665.18 MANSFIELD OIL COMPANY 07/27/2015 103365 619548 101-42110-212 Fuel PD Police Department 3,870.29 Total 103365:4,535.47 METRO WEST INSPECTIONS S 07/27/2015 103366 71015 101-42400-310 June inspection services Building & Zoning 8,599.25 Total 103366:8,599.25 MEYERS OUTDOOR SERVICES 07/27/2015 103367 4148 101-45200-404 June service Parks 2,175.00 Total 103367:2,175.00 MIDWEST COCA COLA BOTTLI 07/27/2015 103368 168122114 101-45210-092 beverages Golf Course 371.28 Total 103368:371.28 MILBRATH, BENJAMIN 07/27/2015 103369 72115 101-22205 Escrow refund 2010-01145 2,500.00 Total 103369:2,500.00 MINNEAPOLIS OXYGEN COMP 07/27/2015 103370 171129697 101-43000-415 oxygen, acetylene Public Works Department 24.60 MINNEAPOLIS OXYGEN COMP 07/27/2015 103370 171129698 101-42110-221 oxygen Police Department 39.00 MINNEAPOLIS OXYGEN COMP 07/27/2015 103370 171129699 101-42110-221 oxygen Police Department 9.76 Total 103370:73.36 MINNESOTA EQUIPMENT 07/27/2015 103371 08031 101-43000-403 chainsaw repair Public Works Department 34.20 MINNESOTA EQUIPMENT 07/27/2015 103371 33393 101-43000-221 chainsaw chain Public Works Department 50.62 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MINNESOTA EQUIPMENT 07/27/2015 103371 33762 101-43000-221 chainsaw chain Public Works Department 25.31 Total 103371:110.13 MINNESOTA UTILITIES & EXCA 07/27/2015 103372 11 437-48970-520 Police garage project RFP #11 23,741.45 Total 103372:23,741.45 MINNETONKA PLUMBING INC 07/27/2015 103373 11 437-48970-520 Police Garage project RFP #11 19,096.60 Total 103373:19,096.60 MN DEPT OF LABOR & INDUST 07/27/2015 103374 8317992154 101-43000-404 OSHA penalty Public Works Department 150.00 Total 103374:150.00 MN DEPT OF REVENUE-WIRE 07/27/2015 103375 63015 101-34210 Jun sales tax 3.00 MN DEPT OF REVENUE-WIRE 07/27/2015 103375 63015 601-39610 Jun sales tax 33.00 MN DEPT OF REVENUE-WIRE 07/27/2015 103375 63015 101-37910 Jun sales tax 1,405.00 MN DEPT OF REVENUE-WIRE 07/27/2015 103375 63015 101-37920 Jun sales tax 578.00 MN DEPT OF REVENUE-WIRE 07/27/2015 103375 63015 101-37930 Jun sales tax 166.00 MN DEPT OF REVENUE-WIRE 07/27/2015 103375 63015 101-37935 Jun sales tax 67.00 MN DEPT OF REVENUE-WIRE 07/27/2015 103375 63015 101-37940 Jun sales tax 35.00 MN DEPT OF REVENUE-WIRE 07/27/2015 103375 63015 101-37960 Jun sales tax 31.00 MN DEPT OF REVENUE-WIRE 07/27/2015 103375 63015 101-37970 Jun sales tax 11.00 MN DEPT OF REVENUE-WIRE 07/27/2015 103375 63015 101-37990 Jun sales tax 281.00 Total 103375:2,610.00 MP TECHNOLOGIES LLC 07/27/2015 103376 6FINAL 408-48800-590 Navarre lighting & sidewalk rehab 2,516.61 MP TECHNOLOGIES LLC 07/27/2015 103376 6FINAL 408-20600 Navarre lighting & sidewalk rehab 11,360.20 Total 103376:13,876.81 MTI DIST CO 07/27/2015 103377 1022176-00 101-45210-223 putting cup Golf Course 52.18 MTI DIST CO 07/27/2015 103377 1022178-00 101-45210-223 putting cup Golf Course 27.44 MTI DIST CO 07/27/2015 103377 1022345-00 101-45210-221 parts for sprayer Golf Course 32.33 Total 103377:111.95 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MUNICIPAL CODE CORPORATI 07/27/2015 103378 257854 101-41900-319 annual code internet fee Central Services 700.00 Total 103378:700.00 NAVARRE HARDWARE 07/27/2015 103379 285949 101-42110-201 scrubber Police Department 18.48 NAVARRE HARDWARE 07/27/2015 103379 286155 101-45200-221 parts Parks 4.98 NAVARRE HARDWARE 07/27/2015 103379 286567 601-49400-405 supplies Water 4.85 NAVARRE HARDWARE 07/27/2015 103379 286633 101-43000-221 parts Public Works Department 31.43 NAVARRE HARDWARE 07/27/2015 103379 286644 101-43000-224 supplies Public Works Department 49.65 Total 103379:109.39 NELSON ELECTRIC MOTOR RE 07/27/2015 103380 7257 602-49450-406 LS 2 repair Sewer 220.00 Total 103380:220.00 NEWEGG INC 07/27/2015 103381 1201198946 101-42110-221 UPS backup for servers Police Department 382.50 NEWEGG INC 07/27/2015 103381 1201198946 101-41900-221 UPS backup for servers Central Services 382.49 Total 103381:764.99 NORTON HOMES 07/27/2015 103382 72115 101-22205 Escrow refund 15-3751 2,500.00 Total 103382:2,500.00 O SULLIVANS HOLIDAY 546 07/27/2015 103383 63015 101-42110-402 car wash Police Department 5.50 Total 103383:5.50 O SULLIVANS HOLIDAY 547 07/27/2015 103384 63015 101-42110-402 car washes Police Department 349.50 Total 103384:349.50 OFFICE DEPOT 07/27/2015 103385 7755463260 101-42110-201 office supplies Police Department 32.85 OFFICE DEPOT 07/27/2015 103385 7755464450 101-42110-201 office supplies Police Department 32.85 OFFICE DEPOT 07/27/2015 103385 7755464470 101-42110-201 office supplies Police Department 42.99 OFFICE DEPOT 07/27/2015 103385 7787965320 101-42110-201 office supplies Police Department 67.98 OFFICE DEPOT 07/27/2015 103385 7804885500 101-42110-201 office supplies Police Department 12.77 OFFICE DEPOT 07/27/2015 103385 7804886130 101-42110-201 office supplies Police Department 19.99 OFFICE DEPOT 07/27/2015 103385 7804886140 101-42110-201 office supplies Police Department 9.78 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103385:219.21 OFFICE DEPOT 07/27/2015 103386 7774194300 101-41900-201 office supplies Central Services 135.58 OFFICE DEPOT 07/27/2015 103386 7774194900 101-41900-201 office supplies Central Services 72.09 OFFICE DEPOT 07/27/2015 103386 7774194920 101-41900-201 office supplies Central Services 15.29 OFFICE DEPOT 07/27/2015 103386 7775905660 101-41900-201 office supplies Central Services 118.86 OFFICE DEPOT 07/27/2015 103386 7778342590 101-41900-201 credit for return Central Services 26.38- OFFICE DEPOT 07/27/2015 103386 7782766760 101-41900-201 office supplies Central Services 40.92 OFFICE DEPOT 07/27/2015 103386 7782766860 101-41900-201 office supplies Central Services 235.57 OFFICE DEPOT 07/27/2015 103386 7804022480 101-42110-201 office supplies Police Department 57.14 Total 103386:649.07 PACE ANALYTICAL 07/27/2015 103387 1510010522 651-49910-227 street sweeping testing Storm Water 225.00 Total 103387:225.00 PALMER WEST CONST CO. INC 07/27/2015 103388 11 437-48970-520 PD garage pay request #11 1,559.00 Total 103388:1,559.00 PERRYS TRUCK REPAIR 07/27/2015 103389 16192 101-42110-436 Tow Toyota Camry Police Department 149.10 Total 103389:149.10 RDO EQUIPMENT 07/27/2015 103390 31560 101-43000-403 backhoe repair Public Works Department 954.47 Total 103390:954.47 REED VENDING 07/27/2015 103391 9082 101-45210-094 concession supplies Golf Course 122.30 REED VENDING 07/27/2015 103391 9083 101-45210-094 concession supplies Golf Course 220.60 Total 103391:342.90 REIMANN, JOHN 07/27/2015 103392 72115 101-22205 Escrow refund 2014-00578 2,500.00 Total 103392:2,500.00 SCHWAAB INC 07/27/2015 103393 62072 101-41900-201 stamps Central Services 90.12 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103393:90.12 SELECT ACCOUNT 07/27/2015 103394 71415 101-21719 7/14/15 FLEX 183.58 Total 103394:183.58 SELECT ACCOUNT 07/27/2015 103395 70715 101-41900-319 participant fee Central Services 99.00 Total 103395:99.00 SHERWIN WILLIAMS 07/27/2015 103396 22950 101-45200-221 paint for park picnic tables Parks 43.47 Total 103396:43.47 STA SAFE LOCKSMITH 07/27/2015 103397 20186 101-41900-404 door repair council chambers Central Services 139.00 Total 103397:139.00 STERLING ELECTRIC CORP 07/27/2015 103398 11 437-48970-520 Police garage project RFP #11 2,717.00 Total 103398:2,717.00 SUMMIT FIRE PROTECTION 07/27/2015 103399 11 437-48970-520 Police Garage project RFP #11 471.21 Total 103399:471.21 SUPERIOR PAINTING & DECOR 07/27/2015 103400 11 437-48970-520 Police Garage project RFP #11 2,337.95 Total 103400:2,337.95 T W TUPY INC 07/27/2015 103401 63015 651-49910-227 Class 5 for culvert repair Storm Water 1,109.15 Total 103401:1,109.15 THE HOME DEPOT 07/27/2015 103402 2808275418 101-45200-221 picnic table repair parts Parks 171.41 THE HOME DEPOT 07/27/2015 103402 2808275509 101-45200-221 picnic table repair parts Parks 54.72 Total 103402:226.13 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount THORPE DIST CO 07/27/2015 103403 906291 101-45210-091 beer Golf Course 205.85 Total 103403:205.85 TITAN MACHINERY 07/27/2015 103404 6220416 101-43000-222 loader repair Public Works Department 175.90 TITAN MACHINERY 07/27/2015 103404 6242981 101-43000-222 loader repair Public Works Department 51.39 Total 103404:227.29 TONKA DEVELOPMENT LLC 07/27/2015 103405 72115 101-22205 Escrow refund 2014-00554 2,500.00 Total 103405:2,500.00 TREECARE 07/27/2015 103406 875 101-43000-408 tree removal Highwood & Ivy Pl Public Works Department 2,900.00 Total 103406:2,900.00 TRI CITY LAB 07/27/2015 103407 63015 601-49400-489 water testing Water 31.50 Total 103407:31.50 ULINE 07/15/2015 102976 67771373 101-41900-201 bags Central Services 120.06- Total 102976:120.06- UNITED FARMERS COOPERATI 07/27/2015 103408 28132 101-41900-223 softener salt Central Services 52.68 Total 103408:52.68 VARNER MOBILE SERVICES LL 07/27/2015 103409 4172 101-43000-402 Fuel line repair #424 Public Works Department 790.57 VARNER MOBILE SERVICES LL 07/27/2015 103409 4173 101-43000-402 #711 repair Public Works Department 1,198.06 Total 103409:1,988.63 WESTSIDE WHOLESALE TIRE 07/27/2015 103410 748116 101-43000-222 tire repair Public Works Department 17.85 Total 103410:17.85 WILLIAMS TOWING 07/27/2015 103411 137164 231-45650-436 case 15-007477 2000 Yukon 155.00 WILLIAMS TOWING 07/27/2015 103411 137386 231-45650-436 case 15-7877 1999 Honda 155.00 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 7/14/2015 - 7/27/2015 Jul 22, 2015 03:39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount WILLIAMS TOWING 07/27/2015 103411 138806 231-45650-436 case 15-506 2001 Moped 155.00 Total 103411:465.00 WRIGHT HENNEPIN ELECTRIC 07/27/2015 103412 70915 101-43000-381 6/01 to 7/01 Public Works Department 91.49 WRIGHT HENNEPIN ELECTRIC 07/27/2015 103412 70915 602-49450-381 6/01 to 7/01 Sewer 28.16 Total 103412:119.65 WTG TERRAZZO & TILE INC 07/27/2015 103413 11 437-48970-520 Police Garage project RFP #11 2,035.00 Total 103413:2,035.00 XTREME MOBILE SMALL ENGIN 07/27/2015 103414 150710448 101-45210-403 truck repair Golf Course 535.10 Total 103414:535.10 YAMAHA GOLF & UTILITY INC 07/27/2015 103415 01-138834 101-45210-415 extra carts Golf Course 330.00 Total 103415:330.00 Grand Totals: 271,221.61