HomeMy WebLinkAbout08-24-2015 Council Packet Agenda for Council Meeting Set for Monday, August 24, 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 August 10, 2015 *
Planning Commission Comments –Kevin Landgraver, 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. Request for funding: Navarre Community Initiative Insurance
4. 15-3723 Source Land Capital -Lakeview Property – 405 North Arm Dr.
Public Works Director/City Engineer’s Report
5. Public Works Maintenance Worker Appointments
Mayor/Council Report
City Administrator's Report
6. Permits/Licenses*
a. Game Animal Limited Use Permit
b. Annual Limited Firearms Use Permit
7. Claims/ Bills*
City Attorney's Report
Agenda for Council Meeting Set for Monday, August 24, 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
Adjournment
Upcoming Events
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, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 1 of 32
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 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. 5, 6, 14, 15, 16, 17, 18, 19, and 20 were 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 JULY 27, 2015
Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of
July 27, 2015, as submitted. VOTE: Ayes 5, Nays 0.
*3. CITY COUNCIL WORK SESSION MEETING OF JULY 27, 2015
Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of
July 27, 2015, as submitted. VOTE: Ayes 5, Nays 0.
PLANNING COMMISSION COMMENTS – JOHN THIESSE, REPRESENTATIVE
Thiesse stated he had nothing to report but would be available for questions.
PUBLIC COMMENTS
Kendall Nygard, 1386 Rest Point Road, stated due to a conflict of interest, which is not financial,
Mr. Walsh should recuse himself from Item No. 4 and that she does not want him participating in these
hearings related to herself, her family, or her husband’s businesses and their opportunities. According to
the League of MN Cities in its official conflict of interest information memo, it points out the following:
Section B, non-contractual situations on Page 16, the end of the second paragraph states: Conflicts can
also arise when an official’s own personal interest is so distinct from the public’s interest that the member
cannot fairly represent the public’s interest.
In addition, under Bullet No. 2, Item F., Land Use Bias, Page 20, personal bias can also be a concern. In
one case, a biased Council Member voting on a land use matter made the Council’s decision arbitrary. As
a result, the Court determined the property buyer’s due process rights were violated and returned the
matter for a new hearing, one where the biased Council Member would not participate.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 2 of 32
PUBLIC COMMENTS (continued)
Nygard stated unfortunately Mr. Walsh qualifies for the previously mentioned conflict of interest due to
his own behavior. Nygard stated over the past several years, Mr. Walsh has come to her property to take
unwanted photographs and films of them, their property and their guests. Nygard stated Mr. Walsh has
threatened her family, her job, their mortgage, and her kids at their school. Nygard stated Mr. Walsh has
harassed herself, her family and guests on their property. He has attempted to wreck her husband’s
vintage automobile. Nygard stated most importantly, Mr. Walsh has been served two separate restraining
orders for harassing her family and that the above are among other things too numerous to list.
Nygard stated the only way this Council can provide them with a fair hearing is to recuse Mr. Walsh from
this hearing and potential litigation, which is in the public interest. Nygard stated in her view there is no
other way to get a fair hearing with Mr. Walsh present. Nygard stated she also believes that any of the
Council standing where she is standing right now would feel the same way about fair treatment if a sitting
City Council Member had treated them the same way over an extended period.
Council Member Walsh stated there are some misinformed allegations within Ms. Nygard’s statements.
Walsh stated he agrees that the Nygards served him with some harassment lawsuits, which have been
denied immediately.
Nygard stated they have been appealed today and that she has all the exhibits to prove the photographing
of her family and things that would show Mr. Walsh’s intent. Nygard submitted the information to City
Council.
Walsh stated none of Mrs. Nygard’s allegations make any sense and that her husband is being prosecuted
on other stuff that he has done. Walsh stated he will not wade into that, but in the interests of fairness, he
will abstain from this vote just because it is the best thing to do given all the issues in the neighborhood
and all the lawsuits that Mr. Nygard has brought against numerous neighbors in the neighborhood for lots
of things.
Council Member Cornick asked if any of these allegations occurred while Mr. Walsh has been a Council
member.
Nygard indicated they have and that he has been photographing their property upon the removal of the
wind turbine.
Mattick stated because Mr. Walsh has recused himself, any action that occurs will take three out of four
council members rather than three out of five.
PLANNING DEPARTMENT REPORT
4. REQUEST FOR ADMINISTRATIVE APPEAL: NYGARD FENCE VIEWING
Community Development Director Barnhart stated the City received a request for appeal from Jay Nygard
requesting an appeal of the fence viewer’s decision that the fence adjacent to his property is not a partition
fence. The fencing viewing occurred on July 6. Mr. Nygard had requested fence viewers to determine if
the fence is a partition fence, a statutory designation affording the adjoining property owners certain
rights.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 3 of 32
4. REQUEST FOR ADMINISTRATIVE APPEAL: NYGARD FENCE VIEWING
(continued)
The fence viewers made their determination based on a viewing of the fence and discussions with Jay
Nygard and Peter Lanpher. The fence viewers determined that the fence was not originally ordered to be
constructed by the fence viewers, the fence in question is not one of the types of fences described in
Minnesota Statutes, and Mr. Nygard did not share in any of the costs associated with the construction of
the fence. It was never contemplated by either parties that the fence would be a partition fence. In
addition, the fence is located completely on Mr. Lanphor’s property.
Barnhart stated based on those criteria, the fence viewers did not feel the fence was a partition fence and
subject to the requirements of MN States 344. Mr. Nygard disagrees with that decision and has requested
the City Council review the matter.
Jay Nygard, 1386 Rest Point Road, stated he disagrees with the fact that he never said it was not a
partition fence from day one. The fence divides the property, which is the definition of a partition fence.
In the City’s letter of denial, the City claimed the fence is totally located on the neighbor’s property, there
is no agreement between the parties, and that he did not originally share the cost , which are all true. The
letter also says that the fence was not originally ordered constructed by fence viewers. Nygard stated in
his view a fence viewer cannot order somebody to construct a fence just like the City cannot order
somebody to build something.
Nygard stated this situation is quite disturbing to him since there is no legal basis for anything the City
says and that they are making it up. Nygard stated he is not sure how the City can actually get to the point
to say that these are the actual determiners of what a partition fence is and that the City has nothing
behind what they say. Nygard stated there is no statute, no ruling, and nothing from the League of Cities.
Nygard indicated he was able to find something from the MN House of Representatives in the MN Fence
Law information brief written by the research department, who would be the people that are there to
determine the intent of our legislators and laws. In regard to fence viewing, Paragraph 3 on Page 4 states:
fence viewers do not determine exactly where, on or near a property line, a partition fence should be
located. Nygard noted the language says on or near and that it does not say on a property line. Mr.
Nygard stated that clearly shows that the MN House of Representatives intended partition fences to be
located not solely on a property line but on or near a property line and that therefore the City’s ruling is
erroneous according to State Statute and the House of Representative Research Department.
Nygard stated he would also like to note that although they have talked about how things do or do not
apply, or that maybe the ordinance is clumsy or the statute is clumsy, that is all irrelevant because it says
in the same brief that the statute generally applies to all property owners throughout the state, which
would include he and his neighbor.
Nygard stated furthermore, it seems that the City Council Members who attended the viewing did not
really know what they were there for and that it is alleged the fence is illegal. Nygard noted the fence has
been measured by the City Council people, there is an e-mail from Melanie Curtis in 2012 that says the
fence is noncompliant, has been noncompliant from day one, and was denied a variance when they
attempted to get a variance, but yet the fence is still standing. Nygard questioned how that could not be
illegal when City Staff has said it was noncompliant, the fence viewers measured it, and that it is an
illegal fence.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 4 of 32
4. REQUEST FOR ADMINISTRATIVE APPEAL: NYGARD FENCE VIEWING
(continued)
The City also said how one tree has impacted the integrity of the fence and that the fence does not appear
to be perfectly vertical, which it is not. Nygard stated the City also said the fence is not in danger of
falling over. Nygard stated, however, that all it took was the last windy storm and the fence is falling
over. Nygard stated it is gone from being somewhat vertical to being less vertical and that he does not
know why the City wrote that. Nygard stated the fence is not safe and is falling apart.
Nygard noted he submitted these documents to Council Members Levang and Cornick, which includes
the information he has already relayed tonight. In addition, City Staff has known that the fence has been
under investigation since September 17, 2012. Nygard asked how long it takes the City to investigate a
fence. Nygard indicated he even has an e-mail from City Attorney Mattick in response to his request for a
fence viewing where the City Attorney counseled City Staff not to give him his statutory obligatory fence
viewing.
Nygard stated it is a little disappointing to him that with everything he has had to go through with this
City to try to practice his legal right to harvest the wind, that with something so obvious, the City admits
is obvious, knows it is wrong, but they are still dancing around in circles to leave it there.
Nygard stated another issue that really frustrates him the most is that the council members went over and
talked to Mr. Lanpher during the fence viewing. Even though the documents state the fence is illegal, has
been from day one, and Mr. Lanpher was denied a variance previously, the council members encouraged
Mr. Lanpher to apply for a variance again even though he had already been denied a variance. Nygard
questioned how many times they have to fight the same battle. Nygard stated all the city council people
are doing is having City Staff waste time and money and that they are encouraging lawsuits by not
following the law and the ordinances.
Nygard stated he would like to request one more fence viewing since the fence has fallen further over and
that maybe this time the City can follow state statute, which says on or near a property line is a partition
fence.
City Attorney Mattick asked if Mr. Nygard has admitted he has never contributed any costs to the fence.
Nygard indicated that is correct.
Mattick asked if the fence as it is standing was ordered by the City to be built by fence viewers originally.
Nygard noted the City did not even know what fence viewers were.
Mattick asked whether to Mr. Nygard’s knowledge the fence was ordered to be built by the fence viewers.
Nygard indicated he is not aware of what the City did.
Mattick asked if there is any current maintenance agreement with Mr. Lanpher regarding the fence.
Nygard stated the fence has never been maintained except by him. Nygard stated the fence was full of
mold on both sides until they covered their side up and that the fence is falling over.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 5 of 32
4. REQUEST FOR ADMINISTRATIVE APPEAL: NYGARD FENCE VIEWING
(continued)
Mattick asked if that is the maintenance that he was not supposed to perform.
Nygard stated it is a partition fence and that he has every right to paint his side of a partition fence.
Mattick asked where it was established that it is a partition fence.
Nygard stated fence viewers do not determine exactly where on or near a property the property line a
partition fence should be located. Nygard stated the fence is located near the property line and it divides
the properties. Nygard stated the fence is so close to the property line that there is no possible way that
the neighbors can maintain his side of the fence without trespassing on his property. Nygard stated the
fence goes downhill and is only a few inches off the property line. Nygard stated unless someone is super
skinny, there is no way they can maintain it.
Mattick asked him if he is saying it is a partition fence because of its position.
Nygard indicated it is because of its location, the land around it, and where it was installed. Nygard noted
at the time the fence was installed, the City had a fence handout which suggested that people install
fences two feet back from the property line so they can maintain it. Nygard indicated he told that to the
people constructing it and that they said they want it right here. Nygard stated they located the fence
where they could not get to it given the way the land is and that no one has ever maintained it except him.
Nygard stated they are the only ones taking care of that part of the land and that they did not install it but
that is where it was chosen to be placed by the neighbor.
Mattick noted he asked if the City of Orono has ever ordered the fence to be put in and asked if it is
Mr. Nygard’s assertion that the fence viewers required the fence to be put there.
Nygard indicated he is not aware of what the City did.
Mattick asked if the fence viewers ever ordered the fence to be put there.
Nygard indicated he does not know.
Council Member Printup stated it seems like the City Council has talked about this property line a lot
over the past number of years.
Nygard stated it has been ever since his neighbors started complaining about him about going green.
Printup asked if the fence would be an issue if the neighbors could get along.
Nygard stated there was never an issue before these neighbors. Nygard indicated another person installed
the fence, then other people moved in, and then the latest neighbors moved in. Nygard stated there was
never an issue before then.
Nygard stated he has some documents to submit that backs up what he has stated tonight. Nygard asked
if the City Council is going to be voting on this tonight.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 6 of 32
4. REQUEST FOR ADMINISTRATIVE APPEAL: NYGARD FENCE VIEWING
(continued)
Barnhart stated Staff would prefer the City Council provide direction on this matter and that Staff can
come back with an approval or denial resolution.
Mattick noted the decision would be made tonight, with direction to Staff to prepare a resolution.
Cornick asked if the City has any other reasonable option than to do what they are doing right now.
Barnhart stated he does not know the answer to that question.
Cornick stated it appears the City is at the end of the rope and that there is not much the City can do.
Mattick stated the record supports, and Mr. Nygard does not dispute, that this fence was never ordered to
be a partition fence and that there is no evidence it was ever a partition fence, which would mean it was
never subject to those rules or regulations. Mattick stated there is also no evidence that the Nygards ever
contributed to the maintenance of the fence and that the fence is located entirely on the neighbor’s
property. Mattick stated while that is not the sole determinate of this, the neighbor has indicated he has
no desire to share the costs with Mr. Nygard and that he considers it his fence.
Mattick stated as it relates to Mr. Nygard’s complaints that it is not code compliant, that is a zoning issue,
and whether the fence complies with City laws has nothing to do with the partition fence laws and is a
separate issue.
Nygard stated the City Attorney has just made all that up. Nygard indicated he has not seen any statutes,
any case law, or anything behind what the City Attorney has just said other than just words. Nygard
indicated he has submitted the MN House of Representative’s research department’s interpretation of the
statute and that Mr. Mattick is simply talking.
McMillan asked when that information was submitted.
Nygard indicated just a few minutes ago.
McMillan noted the City Council has not had a chance to review that.
Nygard indicated he understands that.
McMillan stated her understanding is the statute applies to barbwire. McMillan stated she does not know
when that statute was written.
Nygard stated it does not matter when it was written and that the statute applies to all properties.
McMillan noted the statute describes four different types of fencing and that they all related to barbwire.
McMillan questioned whether the statute is more for agricultural and rural areas and the keeping of
animals.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 7 of 32
4. REQUEST FOR ADMINISTRATIVE APPEAL: NYGARD FENCE VIEWING
(continued)
Nygard stated it says in the research department handout that it generally applies to all properties and that
there is nowhere in the statutes where it says that they are going to exclude residential properties in
populated areas. Nygard stated there are no types of fences that are excluded by that statute.
McMillan stated it was very specific on four different types of barbwire fences.
Nygard stated it did not exclude any other type of fence.
McMillan stated she is simply reading the statute.
Nygard asked her to show him where it says it excludes certain types of fencing.
McMillan stated it does not but that sometimes state statutes are specific.
Nygard commented sometimes facts are hard to get around but they are still facts.
Printup asked whether this matter would be brought back in two weeks.
Mattick stated Mr. Nygard has requested that a decision be made tonight and that he has sent a letter to
the City saying that he intends to start submitting invoices for his time. Mattick stated if there is
additional information the Council needs, the Council has the authority to request that information.
Mattick stated if the Council would like to proceed forward, Staff can summarize the discussion and the
findings that have been made and bring that back in a resolution.
Nygard stated because he has submitted documents tonight, if the Council would like to study those, he
has no problem with that.
Mattick stated it is up to the City Council.
Nygard indicated he is flexible in coming back here since he just submitted those documents tonight.
Council Member Levang asked where in the information the handout is that Mr. Nygard referred to.
Nygard indicated it is Page 4.
Printup requested the information also be e-mailed to the Council.
Levang stated she would like time to read the information and think about it. Levang noted she has read
Chapter 344 but that she has not seen this particular document.
Nygard stated since he brought last minute information, he would be willing to come back another night.
McMillan asked Mr. Nygard if he would like a specific date set for reconvening.
Nygard asked if Mr. Barnhart can work with him on that.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 8 of 32
4. REQUEST FOR ADMINISTRATIVE APPEAL: NYGARD FENCE VIEWING
(continued)
McMillan indicated that is fine.
Printup asked if he would be willing to waive his fees.
Nygard indicated he would.
Printup moved, Levang seconded, to table the request for administrative appeal on the Nygard
fence viewing. VOTE: Ayes 4, Nays 0. (Walsh recused himself from this matter)
*5. #15-3758 CITY OF ORONO AND CLIFFORD OTTEN, 2251 PINE RIDGE LANE AND
CITY OWNED PARCEL PINS 34-118-23-22-0019 (Well No. 3) – LOT LINE REARRANGEMENT
AND REZONING
Levang moved, Printup seconded, to direct Staff to draft an approval resolution for the proposed
lot line rearrangement. VOTE: Ayes 5, Nays 0.
Levang moved, Printup seconded, to direct Staff to draft an ordinance to rezone the properties
from RR-1B to R-1A. VOTE: Ayes 5, Nays 0.
Levang moved, Printup seconded, to direct Staff to publish for a public hearing to vacate the road
easement over Outlot C, East Willow Woods. VOTE: Ayes 5, Nays 0.
*6. #15-3761 ON BEHALF OF NANCY RADERMECHER, 4775 NORTH SHORE DRIVE,
VARIANCES – RESOLUTION NO.
Levang moved, Printup seconded, to adopt RESOLUTION NO. , a Resolution Granting Setback
Variances from Orono Municipal Code Section 78-1279, for the property located at 4775 North
Shore Drive. VOTE: Ayes 5, Nays 0.
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT
Senior Planner Gaffron stated this is a proposed subdivision involving two tax parcels to create a new
private road and seven new 2-acre building lots. All lots will be served by individual onsite sewage
treatment systems and private wells. The two parcels involved are the properties located at 200 Stubbs
Bay Road North and 350 Stubbs Bay Road North.
The Planning Commission reviewed this application and held a public hearing at its July 20 meeting. The
Planning Commission voted 5-0 to recommend approval of the application subject to conditions regarding
the road design and that the two developments enter into a road agreement. The applicants are proposing
to extend Kintyre Lane, which is a private road, northward to serve this development.
The site includes a number of features that are notable. There is a wetland on the north and east of the
property. The wetlands were initially proposed to have a 50-foot buffer but the Watershed District rules
show they require a 75-foot buffer.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 9 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
The City does not require buffers, but the Watershed District buffers impact the develop ability of the site.
Each of the lots has two acres of dry buildable land outside of the wetlands but the two acres includes area
within the buffers. The buffers are not excluded from the dry buildable.
Each lot is required to have two acres of dry land as well as a 200-foot width at the 50-foot setback line
from the street. The first three lots have 100 feet at the 50-foot line. Lots 4, 5, and 6 do not reach that
width until further back on the lot, which technically requires a variance. The applicants have shown that
within each of those lots there is a building envelope and septic sites that meet the required setbacks and
standards based on one part of the City Code. Gaffron noted state code does not require a setback from a
wetland as long as the soils meet state requirements. The City Code for septic systems requires a 50-foot
setback from the edge of the wetland. The Shoreland Ordinance also establishes that where there are
buffers being required by the Watershed District, the setback has to be equal to the buffer width plus ten
feet for structures and septic systems. Gaffron stated the City has not experienced in the past a 75-foot
buffer requirement.
In this case there are a number of septic systems where the absorption area of the mound system meets the
50-foot setback in all but one case but they do not meet an 85-foot setback. The City has historically
required a75-foot setback from the wetlands, which was reduced down to 50. The state requires 0. In
Staff’s view a 50-foot setback is adequate. Gaffron indicated he did speak with the Watershed District on
whether a septic system can go into a buffer. While the Watershed District does not prohibit it, they do
recommend against it. One of the reasons is if a 75-foot buffer is required to be established, once the
house is constructed and the septic system is put into that area, there is a 5-year monitoring program as
part of their buffer maintenance requirement.
Gaffron stated each of these lots has a likely location for a well 50 feet from any septic system and that he
does not expect there to be any issues with providing wells on each lot.
Gaffron stated a question that has been asked is whether or not what is remaining on the lots is actually
buildable. Gaffron indicated there are a number of locations where the house could move further south
and Staff does not believe that will be an issue.
The proposed single-family development is consistent with existing development in the surrounding
neighborhood. Similar single-family lots with 2-plus acre lot sizes exist to the north, while the lots within
Kintyre Two to the immediate south range from 1.4 to 3-plus acres.
The portion of the property to be developed for new single-family lots is somewhat remote from the
surrounding public roads. The property slopes downward generally from a high point at the southwest to
a large wetland complex to the northeast and east. A smaller wetland to the northwest will also impact
development of the site.
Outlot A is part of the property that is being subdivided but the applicants are proposing at this time not to
develop Outlot A. Outlot A will not be buildable until at some point in the future it is re-platted into one
or two building lots. There is a potential for three and possibly four lots with access off of Stubbs Bay
Road or Kintyre.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 10 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
City Code standards says that a cul-de-sac road should be no longer than 1,000 feet in length. This
cul-de-sac will be 1,550 feet in length. The City has quite a number of private roads with cul-de-sacs that
have that characteristic. Staff has spoken with the fire chief about his concerns and he said it is very
likely that each one of these lots will have a house on it that exceeds the threshold for requiring a fire
suppression sprinkler system. Based on that, the fire chief is not at all concerned with the length of the
road as long as they maintain an adequate width. The existing Kintyre Road is 24 feet in paved width
with an 80-foot paved cul-de-sac. The applicants initially proposed a width of more than 24 feet but the
current proposal is to have a surmountable curb for a good share of the length of the road. Back of curb
to back of curb is a 30-foot width, which would mean the road would widen as you approach this
development.
The neighbors have asked what happens to the existing cul-de-sac. One of the concerns of the fire chief
was that he does not want to see an island in the middle of it because the road will likely need to be
widened out further. Gaffron stated he is not sure if the neighborhood would be acceptable of having a
through road in this area. Gaffron noted the existing road does end before you reach the next property up.
Gaffron noted the City, in its original approvals in 2006 for Kintyre Two, required that the applicant
provide the ability for the next property up to be accessed, which is Outlot D. The developer of Kintyre
has provided the City with an easement document that allows the extension of that road. It was the City’s
intent both at the preliminary plat approval and final plat approval that Kintyre Lane be extended further
to the north or at least have that available.
The Applicants have been advised of the ability to build houses that have three stories. The plans in front
of the City Council have a grading plan that indicates that certain of the building sites will have pads
graded to make sure that when the City reviews the building plans, that they will have now created as a
new grade in order to construct homes with basements rather than three or three and a half stories.
As it relates to the landscaping plan, the applicants are proposing to place a number of trees along the
road to help buffer between the existing houses and along lot lines. In addition, the applicants are
proposing a number of trees to screen from the south. The applicants will also attempt to save as many
trees as possible but there will still need to be a number of trees removed. City Code requires that one
tree for every 40 feet of boulevard be planted, but in the past the Council has not required that and Staff
would ask that the Council provide some direction on the layout of trees.
Lot width variances are required for Lots 4, 5, and 6 and it is not unusual for the City to grant those.
Gaffron stated the existing driveway corridor serves as a driveway entrance to the house at 350 Stubbs
Bay North. The applicant has been asked what his intent is for that corridor and he has indicated at the
present time he has no plans. Gaffron stated the applicant can address that as to his intent for that
corridor.
Walsh noted the property on either side of that road is not owned by Mr. Bollis but he just has an interest
in that road.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 11 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
Gaffron stated that is correct and that it is his understanding it is an independently owned property and the
corridor serves as a driveway to the existing house.
Christopher Bollis, Applicant, stated that is correct.
Gaffron stated if the house is either maintained as it is or replaced with a new house and there is an intent
to have a driveway coming down to the new cul-de-sac, the question becomes whether there is a need to
have a secondary driveway. If not, that driveway can be removed and there can be some wetland
rehabilitation. At this time Staff is not aware of what will happen in that area.
Gaffron stated one of the key issues for the neighborhood has been an agreement for future maintenance
of the joint road. It is the intent at the present time for it to be a private road serving 13 units. The road
currently serves six units. Gaffron stated it is his understanding the developer of Kintyre Two and Mr.
Bollis have been in a number of discussions and that the applicant will need to address that.
The City Council should address the following:
1. Does the City Council have any concerns regarding the proposed road width, length and design?
2. Does the City Council have any concerns about the lot width variances for Lots 4, 5, or 6?
3. Should the City consider allowing septic system drain fields within MCWD required buffers as
long as a 50-foot setback is met? What are the downsides of such a code change? Or should the
applicant be required to locate drain fields to meet the 85-foot wetland setback where required?
4. Is the landscape plan acceptable as presented?
5. The council should review the Conservation Design materials in the Planning Commission packet
and determine whether there are any potential concerns.
6. What is the status of negotiations between MacKinnon and Bollis regarding the necessary road
agreements? Will Council grant preliminary plat approval without a road agreement in place?
Gaffron stated if the Council finds the conditions and proposals acceptable, Staff would then bring back a
resolution for approval.
McMillan stated she will allow public comment after the Council has discussed some of the issues.
Printup indicated he is okay with the road design as it is laid out as well as the 24-foot width.
Levang stated she is okay with the 24-foot width and that it makes sense to match up the width of the two
roads. Levang asked how many homes will come off the cul-de-sac.
Bollis stated Lots 4, 5, and 6 would have their driveways off the cul-de-sac and Lot 7 would have its
driveway off the road.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 12 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
Levang asked if Lots 1, 2, 3 and 7 would access off of Kintyre rather than the cul-de-sac.
Gaffron stated those would likely have driveways that do not enter into the cul-de-sac.
Bollis indicated that is correct.
McMillan asked if there are any issues with Outlot A by adding one or two driveways.
Gaffron stated there should not be any issues with adding more driveways
Walsh stated at the top of the cul-de-sac, there is some pretty narrow access, which raises concerns about
snow plowing.
Bollis stated to his understanding City Code allows for a minimum of 11 feet for driveway access. Lot 5
has 30 some feet in width. Bollis stated in his view it is adequate width to put a driveway there.
Gaffron indicated the City does have similar situations in other areas. From a public road standpoint, this
would not be the ideal situation for maintenance and the City would prefer not to have driveways that are
all accessing onto a cul-de-sac. Gaffron stated with three driveways accessing off of the cul-de-sac, it is
probably not an issue. The cul-de-sac has a paved 80-foot width and will need to be maintained all the
time in the event emergency vehicles require access.
Levang noted the Oliver Hill development is somewhat similar to this development.
McMillan stated the issue that is unresolved is the existing cul-de-sac and what should be done with it.
McMillan stated it is doubtful the City can arrive at a decision on that tonight.
Gaffron agreed that it is unresolved at this time and that he will be asking the engineers to review it. The
neighbors have indicated they prefer the cul-de-sac to remain. Staff has not made that decision since it
should be up to the developers and the property owners who are on that cul-de-sac. Gaffron stated in
other situations a portion of the road has been platted as an outlot.
Walsh noted the original development said that portion should be an easement and that it is now proposed
to be platted as an outlot. Walsh asked how that piece got platted as an outlot.
Gaffron stated that is what the first developer proposed and it was approved that way. Gaffron stated it
did not become an issue until this year.
Walsh stated without that a road cannot be built.
Mattick stated that area is owned by three different parties and that Mr. MacKinnon is working to obtain
the necessary signatures on the easement, which will then be recorded and will provide access.
Printup asked if there is anywhere else in the City where there is a cul-de-sac in the middle of a road.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 13 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
Gaffron stated not to his knowledge outside of Weir Lane. The City has platted many corridors for
connections such as this but they have never been built.
Walsh asked if the City is contemplating the possibility of telling Kintyre Two that they have to change
the road or whether that is something that is totally up to them.
Gaffron stated he would ask the engineers to discuss it but that to his understanding there are ways to
leave the cul-de-sac as is without causing a problem.
Walsh asked if the City can require the original Kintyre development to change the road.
Mattick stated he has not reviewed the Kintyre documents in a while, but the general answer would be
that the City required a through street to be platted for future development at some point. In the past the
City has done a separate outlot, which makes it easy to vacate, but that was not done in this situation.
Walsh asked if the City can require the initial Kintyre developer to vacate that portion.
Mattick stated he would be inclined to say no.
Bollis stated the neighboring property, Graham Hill, has a similar double cul-de-sac in it but it is just
offset a little bit more. Bollis stated that is a pretty seamless road and is not very noticeable. Bollis stated
as the developer of this property and speaking for the future property owners to the north, he would be in
favor of letting the Kintyre residents decide what to do with the cul-de-sac as long as it does not impede
access to this development.
McMillan asked if Staff would like to see the road maintenance agreement before final plat.
Mattick stated Staff has indicated it would be nice to have one. At this point in time Staff’s direction has
been to have the two developers work it out. Mattick stated he is aware there have been some stumbling
blocks and that there is not one in place at this point, but it is the City’s hope that one would be in place
prior to final plat.
McMillan asked if anyone on the Council has any issues with the lot width variances.
It was the general consensus of the City Council that they are okay with the lot width variances for Lots 4,
5, and 6.
McMillan asked if the City Council is okay with some of the drain fields being located within the 50-foot
setback. McMillan noted there are a couple that appear to be within the 75-foot setback.
Gaffron stated every septic site meets the 50-foot setback but not the 75-foot buffer. The 75-foot buffer
requirements results in a number of primary and alternate sites being within the buffer. Gaffron stated the
portion within the buffer area is likely just the drain field portion. The Watershed District recommends it
not be located within the buffer but does not prohibit it. Staff would suggest the developer explore buffer
averaging with the Watershed District.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 14 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
McMillan stated her thought was to mitigate whatever infringes on the buffer. McMillan stated the City
could waive the 10-foot requirement that the City has, but that will still not help them. McMillan stated
with a mound system, they will not really be planting buffer vegetation on there.
Rusty Olson, Septic Designer, stated there are many different types of grasses that the state says can be
planted in a buffer area and one of them is basically prairie grass. Olson stated that would be suitable in
this scenario.
Levang asked if he is amenable to speaking with the Watershed District about the buffer averaging.
Bollis stated he can look into that but that he is under the understanding that they meet the septic setbacks
of 50 feet for this project. Bollis stated he does not see anywhere in the Code where it says 85 feet.
Gaffron noted they are speaking of the Watershed District requirements and that he will need to obtain
their approval.
Bollis stated to his understanding their requirements are zero and that it can be within the buffer area.
Bollis indicated they are meeting state code at 0 and city code at 50. Bollis stated to his knowledge the
75-foot buffer is for building and not septic. Bollis stated to his understanding they meet the Watershed
District’s requirements since they allow them in buffers.
Gaffron asked if he has had discussions with the Watershed District about the plat in general from an
engineering standpoint.
Bollis indicated they have seen the plat.
Printup stated in this view this is one of the items that can be ironed out and tweaked further down the
road. Printup stated he is comfortable with that portion of the application but that he would like to learn
more about what the City requires and what the Watershed requires. Printup stated he is hearing that the
City does not require a 75-foot setback and the Watershed District does not require that and so he would
like to error on the side of the homeowner.
Gaffron stated when the City gave up their authority relating to buffers, one of the things the City wanted
to accomplish was to avoid a situation like Stone Bay where the homes are built right up to the buffer
setback. The City wanted to have a 10-foot setback to buffers for structures, wells, and septic systems.
The question then becomes whether the City is really concerned about meeting a 50-foot setback or a
75-foot buffer for a septic system. If the Watershed District does not prohibit having septic systems in a
buffer and simply requires a maintenance plan for the wetland and wetland buffer, it then becomes a
question of whether the City wants to have in their code that someone needs a greater setback. Gaffron
indicated he would be in favor of removing septic systems from the portion of the code that talks about a
50-foot buffer plus ten feet.
Walsh stated they do not want to get buffers and setbacks confused and that this is a buffer. Walsh noted
the developer is meeting the setbacks.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 15 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
McMillan pointed out this is a managed wetland, which is a high quality, healthy wetland, which requires
a bigger buffer. McMillan stated there are not a lot of 75-foot buffers that are required and that the City’s
Code says 50 feet. McMillan stated the City could grant certain waivers for certain lots but still require
the 50-foot buffers. McMillan stated in her view it is something the City should take very seriously and
that the Watershed District has analyzed every single wetland in the City and requires different
qualifications and classifications depending on the type of wetland it is. McMillan stated the City could
grant a variance to allow septic systems within the 75-foot buffer.
Rusty Olson noted the buffer is there to prevent the wetland from runoff. The mound system will have
vegetation over it so there will not be runoff like a hard surface where there is 100 percent runoff towards
the wetland.
McMillan stated the wastewater would go straight down and not run into the wetland. McMillan stated a
variance would be one way of dealing with that situation.
McMillan asked if the City Council has any concerns about the landscape plan. McMillan stated she is
fine with it.
Printup indicated he is fine with it.
Walsh noted Outlot A has approximately 2,000 trees in it.
Bollis stated they are proposing 40 new development trees along with a total of 21 owner trees, which
would put them at a total of 61 developer trees. City Code only calls for 13.75 trees. Bollis stated they
chose to lay the trees out in a way that would buffer the homes more rather than simply along the
boulevard.
Walsh stated he would like to hear what the neighbors have to say about the trees.
Levang noted there are some trees along the road as well as along the lot lines. Levang asked if Outlot A
would look the same from the road. Levang stated it appears from the plan that Outlot A is bare along the
road, which is not correct.
Bollis stated Outlot A has quite a few trees and that there are trees that abut the road.
Levang stated she likes the trees along the lot lines to provide more privacy for the lots, which is
something the City has not required before.
Gaffron pointed out the existing cul-de-sac and the proposed extension of the road.
Bollis stated those trees would stay and that they will be avoiding the two clumps of trees. Bollis stated
his belief is that they will only lose 15 trees for the road and that there will be a net gain of 46 trees on the
whole development.
Levang asked if the trees are being positioned to protect the building sites.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 16 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
Bollis stated that was the intent. Bollis noted the Code simply says one tree for every 40 feet of road but
does not specify where the trees must go.
Levang stated she prefers the more staggered and natural look, which is what the developer is proposing
in this situation.
McMillan asked if the Council has any concerns regarding the Conservation Plan.
The City Council had no concerns regarding the Conservation Plan.
McMillan noted the Council has already discussed Item No. 6 in Staff’s report. McMillan stated Item 7
would be other issues or topics. McMillan asked if the Council is okay with the building pads and
grading for the building pads.
Levang stated she would like to hear a little bit more about that.
Bollis stated he would refer that question to his engineer.
Charlie Weimershaw, Engineer, stated he shows grading for all of the lots, including the lot with the
existing house. Weimershaw stated in conversations with Staff last week, they discussed changing the
grades to allow for 2-1/2 stories with a walkout.
Gaffron indicated Staff also discussed whether the building pads will be graded at the time of road
construction or whether they will be graded in separately.
Weimershaw stated they would like approval of the plan with the proposed grades and that they would
then grade them on a lot by lot basis.
Gaffron stated as long as there is a plan that establishes the new grades that should not be a problem.
Gaffron indicated the City did something similar with the Creekside development. From an engineering
perspective, Staff would rather see all of the pads get graded initially.
Bollis stated the reason for not grading all the lots at the same time is that it gives the future property
owners a little more flexibility in where they would like their house to be located or whether Lots 3 and 4
are combined.
McMillan suggested Staff discuss that issue further with the engineers.
Gaffron stated it is important that the future builders identify how the City measures the height of a story
and determines whether it is a basement or not.
McMillan stated typically when more than 50 percent of a story is covered by dirt, it is considered a
basement versus a level.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 17 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
McMillan noted Lot 5 has an existing house and driveway with a functioning septic system that is located
partially on Lot 4. McMillan requested the applicant provide a little more background on what will
happen with that lot.
Bollis stated ultimately that house will disappear and a new home will be built.
McMillan asked if the septic will remain.
Bollis stated they did not want to have that nonconforming and that they are in discussions with Staff to
keep the existing septic for the time being but it would be removed once either Lots 4 or 5 are built on.
Gaffron indicated the City is exploring the possibility of a temporary easement that would be
extinguished at the point that one of those two lots gets built on or once they are sold. Gaffron stated
building on Lot 4 will likely be the key for when the septic system becomes an issue.
Cornick asked if there is any time limit for how long the house can stay.
Gaffron stated as long as Lot 4 never gets built on, the City does not care as long as there is an easement
in place. In a normal situation, the City would expect that those two lots, unless they are combined,
would both get built on. The City has done lot line rearrangements in the past to ensure that a septic
system that is over the line is within the lot it is serving. Gaffron stated an easement is not the best
solution but that jogging the property line for a temporary situation is also not ideal.
Cornick asked whether a time limit could be placed on the easement.
Gaffron indicated there could be a time limit placed on the easement. Gaffron stated currently the trigger
would be the house being constructed on the next lot, which would extinguish the easement. Gaffron
stated Simple when there is single ownership but once the ownership changes, there are potential issues.
McMillan asked if anyone in the audience would like to comment on this application.
Eric Miller, 195 Kintyre Lane, stated they are not opposed to the development but that they bought lots
and built homes on what they thought was going to be a short, safe cul-de-sac. Miller stated as parents of
young children, they placed a premium on that. Miller indicated the easement that provides access to the
private road was never properly recorded and was recorded as an outlot. Miller stated when they
purchased and went through the title search process, nothing was ever brought up about this future
development.
Miller indicated he has had discussions with MacKinnon, Staff, an attorney, and now the City Council to
try to understand what their rights are. Miller stated he is not entirely convinced that Mr. MacKinnon has
the authority to sign an easement on their behalf after they have purchased their property. Miller
indicated there is Chapter 515B of the MN Common Interest Ownership Act and things that go beyond
who controls the homeowners association and who controls the outlot which need to be reviewed more
thoroughly.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 18 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
Miller stated if this request for the road is granted, the result is going to be a road that is too long and too
narrow. Miller indicated the road goes up a big hill, then goes straight, and that there will potentially be
13 homes on it, with perhaps another two to four homes being added at some point. Miller stated that
amount of homes will generate a lot of traffic that they did not anticipate at the time they purchased their
home and that given the length of the road and the width of the road, it is not something that they are
comfortable about.
Mrs. Miller stated according to her research, placing a maximum length on a cul-de-sac is to restrict speed
to some extent.
Kristine North, 180 Kintyre, stated they also have concerns about visibility. Currently there are ten
children in the neighborhood, with six under the age of five. The children like to play in the cul-de-sac.
There is also an elevation going down from some of the existing homes into the cul-de-sac. North stated
they have concerns with emergency vehicles and the road not being up to City standard. North indicated
they would like the opportunity to hire their own civil engineer to take a look at the road situation as well.
Mr. Miller stated they have just found out about this development in the last couple of months and that
they are still attempting to understand exactly what is going to happen on the site and the implications for
their property. Miller stated he would hope the developer understands their concerns. In a perfect world
the new development would access off of Stubbs Bay potentially via the driveway that is currently there.
Miller stated he understands a lot of work has gone into designing the preliminary plat but that he would
like the developer to consider that option.
Mrs. Miller stated they purchased a property at the end of a cul-de-sac without the ability to find out about
this agreement.
North stated there is still a sign on Watertown Road advertising this development as a cul-de-sac road
with two lots remaining.
Mr. Miller stated there is a sign talking about the development off of Stubbs Bay. Miller stated usually
when there is a road that is going to be extended, there is some signage by the City. Miller stated had
they known about this, they would have weighed that in their decision to purchase, and that they would
now like to understand better what their options are.
Mrs. Miller stated they would like additional time to figure out what options they have.
McMillan asked how much more time they require.
Mrs. Miller stated probably a month and that they have already been discussing this matter with an
attorney.
Walsh stated he brought up the same issue regarding the cul-de-sac with Mr. Bollis earlier in the process
and that he appreciates the dilemma the residents find themselves in.
Mrs. Miller stated it was never recorded and not on their title.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 19 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
Printup stated he is okay with the preliminary plat concept and that he likes the idea of the City not
getting involved with the road situation and having the two parties discuss it and hopefully work it out.
Printup moved to direct Staff to draft an approval resolution for Application No. 15-3763,
Christopher Bollis, 200-350 Stubbs Bay Road North, granting of preliminary plat.
Printup stated he would encourage ongoing conversations between the applicant and the residents about
the road, the fine-tuning of the south cul-de-sac, the three-party easement, drainage, grades, etc., as well
as talking it through with Staff
Gaffron stated he would bring back a preliminary plat resolution that spells out all the requirements for
final plat approval, which will probably bring up topics that have not been discussed specifically tonight
for Council’s review and consideration to make sure all issues are covered. Gaffron indicated Mr.
MacKinnon has requested that as they are constructing the road, construction traffic should come off of
Stubbs Bay Road, which is one of a handful of items that needs to be included.
Levang seconded the motion.
Walsh stated he would like it contingent upon a maintenance agreement being reached. Walsh stated he
hopes that gets resolved before final plat. As it relates to the septic site on Lot 5, Walsh stated he would
like to see no longer than a 2-year temporary easement, which would end the minute one of those two lots
are sold.
McMillan stated she would like Staff to bring the resolution back in 30 days, which will allow some time
to work out some of these issues.
Gaffron stated that would be the first Council meeting on September 14.
Bollis stated he would like it sooner than that because he has obligations to live up to and that he has been
dealing with the access piece for a long time. Bollis stated in his view there is a simple solution for the
road and that a number of the documents have already been submitted.
McMillan stated there are enough issues for Staff to deal with and that 30 days is reasonable.
Gaffron noted the 120-day time limit on the application goes to the middle of October.
Printup stated he can sympathize with the issues the neighbors are dealing with and with the applicants
wanting to move forward. Printup stated normally the resolutions come back to the Council within a
two-week time frame. Printup stated the Council can revisit it then.
McMillan asked if would like to keep his motion as is.
Printup indicated he does. Printup stated if there are still outstanding issues, the matter can be tabled for
two weeks.
McMillan asked if Council Member Levang is okay with her second.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 20 of 32
7. #15-3763 CHRISTOPHER W. BOLLIS, 200-350 STUBBS BAY ROAD NORTH –
PRELIMINARY PLAT (continued)
Levang stated she would like to ask the City Attorney a question regarding the letter received from
Peter Coyle. Levang asked if there is anything in that letter the Council should be concerned about.
Mattick stated Mr. Coyle apparently represents the Bollis family but that he would like some clarification
on that from the applicant.
Bollis indicated Mr. Coyle represents him.
Mattick stated Mr. Coyle has asked that the application proceed forward as quickly as possible. Mattick
stated the City under state law gets 120 days to process the application.
Levang asked Mr. Barnhart if two weeks is too soon given the number of issues that need to be worked
out.
Barnhart commented that it is a tight timeline with the Planning Commission meeting next week and that
in his view the 30 days would be helpful.
Levang stated she withdraws her second.
Printup amended his motion, Levang seconded, to direct Staff to draft an approval resolution for
Application No. 15-3763, Christopher Bollis, 200-350 Stubbs Bay Road North, granting of
preliminary plat, with the resolution being brought back before the City Council in 30 days.
VOTE: Ayes 5, Nays 0.
8. #15-3753 CITY OF ORONO PARK COMMISSION, VARIANCE
Barnhart stated the Parks Commission is requesting a variance to replace the bollards with a new split rail
cedar fence. The construction of the fence will add 58 square feet of hardcover and two fences within the
75-foot lake yard setback. The Planning Commission recommended approval.
Staff would request the City Council hold a public hearing since the notice deadline was not met for the
July 20 Planning Commission meeting.
Mayor McMillan opened the public hearing at 8:44 p.m.
Charles Morin, 2695 Kelly Avenue, asked if the red line depicts the fence.
Barnhart indicates it does.
Morin stated his property line goes three feet to the end of the channel.
Barnhart stated it would be located in the right-of-way away from the channel.
Morin asked if they are attempting to keep the fishermen from going in that area.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 21 of 32
8. #15-3753 CITY OF ORONO PARK COMMISSION, VARIANCE (continued)
Barnhart stated to his understanding they are attempting to keep people from wandering into the channel.
Levang stated her understanding is it is a safety issue.
Morin stated someone was actually on the channel wall fishing and broke the channel wall on his
property. The police were called regarding that incident. Morin indicated he has approximately 100
pictures of guys fishing on his property and that it happens every weekend and every night.
Morin pointed out the location of the wood wall where people fish from. Morin stated they also go up on
his dock.
Levang stated that could be very dangerous.
Morin stated one guy actually did fall and ended up in the water after a portion of the wall broke. Morin
stated something needs to be done with that wall. Morin stated he did speak with the City about it and he
was told that the wall is his but it kind of is not his.
Tanya Srepfel stated the key question is whether they own the wall or whether the city or homeowners
association owns it.
McMillan stated the fence is for the people who come down and use the beach.
Levang stated the area perhaps should be signed no fishing or no trespassing.
Charles stated the fence should go all the way to the wetland, but that people will still likely try to access
that wall. Charles stated he would like the name of someone to call because numerous phone calls have
been made for someone to look at the wall and fix it.
Srepel indicated she has talked to the LMCD and they told her to talk to the City.
Mattick stated he is not sure the wall is city property.
Gaffron asked if there is a 3-foot strip that goes all the way down.
Morin stated there is.
Gaffron stated the assumption is that when the lagoon got created, which was not by the City, they made a
whole new channel. Gaffron stated it is likely the homeowner owns the wall and that it would be their
responsibility to replace it or repair it.
Walsh noted the fence being proposed is a split rail fence, which will not keep anybody out.
McMillan stated the City may want to survey the beach.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
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Page 22 of 32
8. #15-3753 CITY OF ORONO PARK COMMISSION, VARIANCE (continued)
Srepel stated they just purchased the property three years ago and asked whether the homeowners
association owns it.
Gaffron stated there is a 3-foot strip of land on the west side of the channel but east of the actual right-of-
way line and that it is possible that is a strip of land that is part of one of the lots. Gaffron stated the City
will need some survey work done to understand how it lays out.
Gaffron suggested Mr. Morin call Staff to see what can be found in the existing records on how and why
it got created.
Sandra Keegan, 2707 Walters Port Lane, stated she likes the idea of a fence, but that she has a concern
that if the fence goes to Charles’ property, people may be more likely to go into the wetlands to fish.
Keegan stated in her view the fence may make the people go more on his property in the marshy part and
that the marshy part is more dangerous. Keegan stated the area up and to the wall is pretty grassy and
pretty stable but then gets marshy.
Mayor McMillan asked if anyone else from the public would like to comment on this application.
McMillan stated the City does not allow fishing at this beach and that the actual boundary lines need to be
determined. McMillan stated the City Council will probably have to table this application and look into it
further.
Morin stated he does not use that piece of land. Morin stated if the City wants to put a fence up, he would
suggest putting the fence up on his property going toward the cattails to keep people out of that area.
Srepel stated she does not want them to fish at all in that area.
McMillan stated the City needs to look at this a little more thoroughly.
Levang stated the signs say no fishing, and that if someone is fishing on Mr. Morin’s private property,
they have the right to call the police.
Keegan stated to her knowledge there is no sign saying no fishing.
Levang stated it is included on the rules sign.
Bill Keegan, 2707 Walters Port Lane, stated a split rail fence will not keep anybody out and that the City
should consider a chain link fence along the wetlands. Otherwise people are going to go around the
fence.
McMillan stated the City wanted something visually appealing as well and that the City will need to look
at it further.
Barnhart stated there are two issues before the City Council tonight. One is the variance for the hardcover
and the other is the use of that area and how it can be restricted. Barnhart stated the intent of the Park
Commission was not to keep people out with the fence but rather to mark the parking area.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
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Page 23 of 32
8. #15-3753 CITY OF ORONO PARK COMMISSION, VARIANCE (continued)
Barnhart stated the City Council could proceed forward with the hardcover variance for the fence but then
send it back to the Park Commission for a discussion of the use and parameters of the fence.
Mattick noted it would need to come back to the City Council for final approval.
Levang moved, Cornick seconded, to approve Application No. 15-3753, City of Orono Park
Commission, subject to the Park Commission investigating the issues brought up tonight with a
recommendation forthcoming to the City Council about the use of the area, the type of fence that
should be installed, etc.
McMillan stated if there is private property on the left side of the channel, she would like to know where
the fence is going in relation to that and that the City should look into that.
Levang moved to amend her motion, Cornick seconded, to approve Application No. 15-3753, City
of Orono Park Commission, subject to the Park Commission investigating the issues brought up
tonight with a recommendation forthcoming to the City Council about the use of the area, the type
of fence that should be installed, etc., and to authorize a survey be undertaken to delineate city
property if a survey is not already on file. VOTE: Ayes 5, Nays 0.
9. #15-3754 CITY OF ORONO, TEXT AMENDMENT RELATED TO APPROVAL
EXTENSIONS
Barnhart stated the ordinance allows a specific timeline for acting on several different types of land use
applications, including variances, site plans, conditional use permits and preliminary and final plats. In
the past the City has allowed a number of extensions, with no limit being placed on the number of
extensions. The text amendment proposes four 1-year extensions. Barnhart stated the idea behind it is
not to make it difficult for property owners to develop but more to limit the time between the public
hearing and until the actual work begins.
Levang stated she is pleased with this ordinance. Levang stated people in neighborhoods change if
projects go on for a long time and that in her view five years is a reasonable period of time for people to
decide whether they are going to go forward or not.
McMillan noted the applicants would also be able to bring the same application through the process again
if they would like it renewed beyond the five years.
Walsh stated to his knowledge the City of Minneapolis allows a year for building permits. Walsh stated
in his view five years seems like a really long time and that a number of changes can occur during that
time.
Mattick stated standard conditions on conditional use permits or variances are use it or lose it within one
year. Mattick stated Staff was noticing with the economic downturn that people would get their approvals
but would not act on it given the economy. Mattick stated the City is now seeing the flip side of that and
that neighbors are saying they would like to be re-noticed at some point.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
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Page 24 of 32
9. #15-3754 CITY OF ORONO, TEXT AMENDMENT RELATED TO APPROVAL
EXTENSIONS (continued)
Walsh stated if it is a money issue, they could maybe be charged half the normal fee, but that in his view
five years is too long.
McMillan stated she has gone back and forth on the time period and that neighbors do change or want the
project revisited after some time has passed. McMillan stated perhaps a total of three years would be
more appropriate.
Walsh stated he would be more comfortable starting with three years given the public input component.
McMillan stated she wants some consistency across the board and that she is okay going with two or
three.
Walsh noted that would be a total of two extensions, which is reasonable.
Barnhart stated the original approval lasts for a year.
Walsh stated they would then get a total of three years.
Gaffron stated the City has had a number of applications where they have been extended multiple times,
such as Morrie’s and the bank.
Levang stated she does not want to penalize anyone because of their age or the economic downturn, and
that she is not sure she is comfortable with three years.
Mattick asked if it was always a one-year approval previously.
Gaffron indicated it was always a one-year approval and that Staff in the past could administratively
approve one more year. After that it goes before the City Council. Staff has had questions whether it
should go back before the Planning Commission or whether a new resolution should be drafted when it
has been extended a number of times.
Levang asked what each extension costs.
Gaffron stated to his knowledge it is $350.
McMillan noted an extension also does not require as thorough of a process.
Printup stated the Council could also be flexible on the fee.
Gaffron stated the majority of the applications do not require an extension.
McMillan stated the initial one year plus two extensions gives three years for someone to get their project
done.
Cornick asked if that would solve the problem in Staff’s view.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
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Page 25 of 32
9. #15-3754 CITY OF ORONO, TEXT AMENDMENT RELATED TO APPROVAL
EXTENSIONS (continued)
Gaffron stated if someone wants to extend it for a couple of years, he is fine with that, but once it goes to
three or four years, in his view some of the neighbors might have changed and the process should start
over.
Walsh stated it gives the Council a firm standard to follow.
Walsh moved, Printup seconded, to adopt ORDINANCE NO. , THIRD SERIES, an Ordinance
Amending the Orono Municipal Code by Amending Sections 82-117, 78-128, 7-149, and 78-918
Regarding the Number of Extensions Associated with Approved Projects, three total years from
date of approval. VOTE: Ayes 5, Nays 0.
10. #15-3755 CITY OF ORONO, AMEND ZONING ORDINANCE TEXT: SECTION 78-71
(c) (3) EXPANDING OF NONCONFORMING STRUCTURES
Gaffron stated this amended zoning ordinance text essentially makes it very clear from a language
standpoint what the City means by expansion of a nonconforming structure. The new language also adds
clarity to what is meant by “increase the nonconformity.” The proposed language was recommended by
the City Attorney and reflects how the City has consistently interpreted and enforced its nonconforming
structure regulations in the past.
The Planning Commission recommended adding the wording “but no limited to” in the list of site features
subject to the definition in the first paragraph of (3).
Gaffron noted this change came about because of an application on Tanager Lake.
Mattick stated if someone is granted a variance to a side setback, he does not view that house as then
being nonconforming, but if they want to expand the structure, it would require a variance. If there is a
home that is located five feet from the property line and the City changed the setback to 10 feet, then it
would be nonconforming. Mattick stated adding a deck to that structure would be expanding that
nonconformity. Mattick stated this language helps clarify those types of situations and what has been the
past practice of Staff.
Levang moved, Walsh seconded, to adopt ORDINANCE NO. , THIRD SERIES, an Ordinance
Amending Chapter 78, Section 71 of the Orono City Code Regulating Nonconforming Structures
and Uses. VOTE: Ayes 5, Nays 0.
Levang moved, Walsh seconded, to adopt SUMMARY ORDINANCE NO. , an Ordinance
Amending Chapter 78, Section 71 of the Orono City Code Regulating Nonconforming Structures
and Uses. VOTE: Ayes 5, Nays 0.
11. #15-3760 CITY OF ORONO, AMEND CITY CODE TO ALLOW CLINICS IN B-1, B-3
ZONING
Barnhart stated earlier this summer the Council approved an ordinance amendment that added beauty
shops and barber shops. During that discussion there was some discussion about adding hair replacement
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
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11. #15-3760 CITY OF ORONO, AMEND CITY CODE TO ALLOW CLINICS IN B-1, B-3
ZONING (continued)
clinics. In response to a desire to allow clinics in more service and retail based zoning districts, the draft
ordinance defines “clinics for human care on an outpatient basis only” and allows them by conditional use
in the B-1 zoning district and by permitted use in the B-3 zoning district.
Levang stated on Page 2 under Item 1(e) they are showing their age by talking about record shops.
Levang stated she has no alternative word to suggest, however.
Cornick noted there is a record shop in Mound.
Walsh stated he did have one person contact him regarding this item asking whether Planned Parenthood
would be considered a clinic and allowed under this amendment.
Barnhart stated if they have doctors at the clinic or medically licensed, then they would be considered a
clinic. Barnhart noted the definition is a place where a group of licensed medical practitioners provide
medical treatment or advice on an outpatient only basis. Barnhart indicated he is not too familiar with
what Planned Parenthood offers for services, but if they are medical providers, they would be part of that.
Printup asked if the City already allows clinics in the City.
Barnhart stated they are allowed in various forms in the B-4 District.
Printup noted this would be nothing new for that district then.
Cornick asked if Staff is assuming that human care does not include tattoos.
Barnhart stated he would not classify that as a clinic unless they met the definition included in the
ordinance.
McMillan asked if the City has anyone who is interested in starting a hair replacement business.
Barnhart indicated they do not.
McMillan noted they do have an office and professional area currently and that this would be expanding
clinics to other parts of the City. McMillan asked if it would mostly be in Navarre.
Barnhart indicated it would be.
Levang moved, Cornick seconded, to adopt ORDINANCE NO. , THIRD SERIES, an Ordinance
Amending the Orono Municipal Code by Amending Section 78-643 and 78-704 Regarding Adding
Clinics in the B-1 and B-3 Zoning Districts. VOTE: Ayes 4, Nays 1, Walsh Opposed.
12. #15-3766 CITY OF ORONO, AMEND CITY CODE RELATING TO AVERAGE
LAKESHORE SETBACK
Barnhart stated this ordinance codifies the application of average setback where a subject lot is adjacent to
a vacant lot or right-of-way. The draft ordinance also removes the provision that Staff can approve a
project where the average lakeshore setback cannot be met.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
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Page 27 of 32
12. #15-3766 CITY OF ORONO, AMEND CITY CODE RELATING TO AVERAGE
LAKESHORE SETBACK (continued)
The average lakeshore setback is intended to address visual massing impacts to adjacent properties by
requiring improvements on lakeshore lots to be behind adjacent residential structures. Where there is not
two adjacent residential structures, Staff applies the setback of the adjacent structure, or 75 feet,
whichever is greater.
Barnhart noted the average lakeshore setback was deemed a high priority item during the November,
2014, joint work session, and that he is looking for input from the City Council.
Printup indicated he is okay with this ordinance.
Walsh stated it seems to be making it pretty tight. Walsh asked if he is talking about the 0-75-foot line.
Barnhart indicated it is.
Walsh stated he just wanted to make sure it was not 75 feet beyond the 75-foot line.
Levang asked what would happen in the case where there is a residence on the immediately adjacent
improved lakeshore lot but that residence is abandoned.
Barnhart stated it is whether there is a residential structure on the property regardless of whether it is
occupied or not. Barnhart noted Staff also recommends deletion of the clause that grants the planning
director discretion to approve a project if the setback cannot be met, the lake views of adjacent lots are not
obstructed, and with adjacent neighbor’s approval. Barnhart noted this clause was applied five or fewer
times over the last ten years.
Levang moved, Printup seconded, to adopt ORDINANCE NO. , THIRD SERIES, an Ordinance
Amending the Orono Municipal Code by Amending Section 78-1279 Regarding Average Lakeshore
Setback. VOTE: Ayes 5, Nays 0.
13. AMEND RESOLUTION IDENTIFYING ADMINISTRATIVE CITATION OFFENSES
Barnhart stated in December of 2013, the Council approved an ordinance amendment that provided for
administrative offenses, certain offenses that may be subject to an administrative fine, in addition to the
normal citation process. That ordinance requires the Council to determine offenses eligible for
administrative citations by resolution.
Barnhart stated Staff is recommending the Council add four different offenses to the list. Those include
grass and weeds, vacant buildings, damaged buildings, and expired building permits. Barnhart stated
identifying certain offenses as an administrative citation strengthens the code enforcement toolbox and
helps to improve the resolution rate.
Staff recommends approval.
Walsh asked who is going to make the determination on what long grass is or what a damaged building is.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
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Page 28 of 32
13. AMEND RESOLUTION IDENTIFYING ADMINISTRATIVE CITATION OFFENSES
(continued)
Barnhart stated long grass is defined in the code by six inches or longer and that a city inspector with a
ruler would identify that. As it relates to a damaged and vacant building, those would be based on the
building official’s review.
Walsh asked if he complains that his neighbor’s grass is too long, whether the City is going to fine him
that day even if it has rained for five days in a row.
Barnhart stated the fine would be the last resort. The first response would be to verify the length and then
notify the property owner, who is then given seven days to cut it. After that seven day period, the City
will mow it and assess the property owner.
Printup asked what the charge would be for that.
Barnhart stated the City cut somebody’s grass on Friday and that they used hired contractors. Barnhart
stated he has not seen that bill yet but that it typically is around $100 to $120 depending on the size of the
lot.
Walsh asked how a damaged building is defined.
Barnhart stated the building inspector would review it based on what the parameters of the code are.
Barnhart noted any property owner can appeal a decision.
Mattick stated he has not seen damaged buildings come up very often and that it will typically come up in
the context of the hazardous building, which is statutorily regulated.
McMillan stated in her view it would cover fire, flood, an explosion, or more unusual circumstances.
Mattick stated it would typically be a building that has not quite reached the hazardous building status.
Walsh stated when things are too vague, they can be used to create havoc with a neighbor and cause them
and the City considerable time to deal with.
McMillan stated this would be a good step before it reaches the hazardous building stage.
Mattick stated typically hazardous buildings are vacant and that issuing a citation probably wi ll not
resolve the matter. Mattick stated the City is able to assess costs against hazardous buildings.
Barnhart stated the administrative citation is the last step and would be used when people are
nonresponsive.
Printup asked what the City did with a previous situation where the City would send a letter, followed by
a second letter.
Mattick indicated that was the re-inspection fee.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
_____________________________________________________________________________________
Page 29 of 32
13. AMEND RESOLUTION IDENTIFYING ADMINISTRATIVE CITATION OFFENSES
(continued)
Printup asked how this is different.
Levang stated this deals with these specific items, such as the grass and weeds, vacant and damaged
buildings.
Barnhart stated the re-inspection fee is based on citations issued or ongoing inspections. Barnhart stated
this would allow Staff to issue an administrative citation and that none of the definitions are being
changed in the code.
Printup asked if this tool has been used in the past.
Barnhart stated he does not know whether Staff has done that in the past and that the majority of them are
issued by the police department.
Cornick stated he has some neighbors that have dedicated a portion of their lawns to prairie grass or
milkweed and asked whether there is any protection in this ordinance for that.
Barnhart stated the ordinance does include protections for size of lot and was primarily written for urban,
manicured yards. Barnhart stated when the ordinance is applied to a rural area, they have to be cautious,
but that the ordinance does have an opening for prairie.
Gaffron stated he is not sure whether the ordinance says two acres or more, but if someone has a large lot,
that person only has to mow the area directly around the house and not the entire lot, which has been in
the code for a long time.
Barnhart noted there are some long grass areas at city hall and that in his view the ordinance provides
enough openings to satisfy those situations.
Cornick stated he has also seen a number of signs that say this is a bee safe lawn. Cornick stated he is not
quite sure what a bee safe lawn is but that it is his understanding it includes some type of weed.
McMillan indicated they would be native plants and that bee safe is basically about not using chemicals.
McMillan stated she is aware of lots in her neighborhood that also have more natural areas and that in her
view Staff can tell the difference between what is intentional and an overgrown lawn that is neglected.
Barnhart stated the language can be clarified in the annual review if there are issues.
Printup moved, Levang seconded, to amend RESOLUTION NO. , a Resolution Adopting Penalties
for Administrative Offenses Within the City of Orono, by adding Section 18-238, Long Grass and
Weeds; Section 86-4, Vacant Buildings; Section 86-5, Damaged Buildings; and Section 86-70,
Expired Building Permits. VOTE: Ayes 5, Nays 0.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
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Page 30 of 32
PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT
*14. WATER TREATMENT SYSTEM IMPROVEMENTS – PAY REQUEST NO. 5
Levang moved, Printup seconded, to approve Pay Request No. 5 to Municipal Builders, Inc., in
the amount of $22,059.95 for the Water Treatment Systems Improvement project.
VOTE: Ayes 5, Nays 0.
*15. WATER METER READER REPLACEMENT
Levang moved, Printup seconded, to approve the purchase of a new water meter reader from
Ferguson Water Works in the amount of $5,588.24. VOTE: Ayes 5, Nays 0.
*16. WATERTOWN ROAD AND STUBBS BAY ROAD REHABILITATION – PAY
REQUEST NO. 2
Levang moved, Printup seconded, to approve Pay Request No. 2 to Bituminous Roadways in the
amount of $351,408.37 for the Watertown Road and Stubbs Bay Road rehabilitation project.
VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Walsh stated he attended the Planning Commission meeting a couple of weeks ago and it was interesting
to see the lively discussion.
Levang stated the donation garden is doing very well and that on Sunday they pulled 737 pounds of
vegetables from the garden. Donations were made to WeCan, the Mound Food Center, and the Gillipsie
Center. Levang thanked the volunteers for their help.
Printup noted Corn Days was this past weekend and that Orono’s Hennepin County Commissioner was
the grand marshal of the parade.
Printup noted he is starting to get comfortable with going paperless and that he has been using his tablet
the past few meetings. Printup stated he still has his paper backup but that he hopefully will be able to go
away from that in the near future.
Printup stated one matter the City Council may want to discuss at some point in the future is sign postings
for developments. Printup noted the City Council has talked about it once in a while whenever there is an
issue in the neighborhood and that perhaps the City Council can explore requiring two signs be erected.
Printup stated another issue that has come up periodically is the notice radius and that the City Council
should perhaps think about whether that should be expanded.
Printup suggested the City Council at a future work session also discuss ceiling height and pad and grade
so he can learn more about that. Printup stated sometimes when Council and Staff are talking about
height issues, it can be difficult to follow.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
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Page 31 of 32
MAYOR/COUNCIL REPORT (continued)
McMillan stated she attended two National Night Out events last week, one at Stone Bay and one on
North Shore. McMillan stated the police and fire departments do stop by the events and that she received
lots of good comments about Orono’s police department.
CITY ADMINISTRATOR’S REPORT
*17. LMCIT POWER OF ATTORNEY
Levang moved, Printup seconded, to grant Matt Pawlowski power of attorney in order to represent
the City in a conciliation court case involved an alleged sewer backup in the Rest Point
neighborhood. VOTE: Ayes 5, Nays 0.
*18. PERMITS & LICENSES
Gambling Permit Application:
Seth N. Kahn (Applicant)
Orono Football Boosters
2830 Cabaline Trail
Medina, MN 55340
Levang moved, Printup seconded, to approve the above-listed permit. VOTE: Ayes 5, Nays 0.
*19. AGREEMENT FOR USE OF ELECTION EQUIPMENT TO ORONO SCHOOL
DISTRICT
Levang moved, Printup seconded, to approve the City of Orono/Orono Public School Lease
Agreement that allows the Orono School District to use the City of Orono’s Election Equipment.
VOTE: Ayes 5, Nays 0.
*20. CLAIMS/BILLS
Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5,
Nays 0.
CITY ATTORNEY’S REPORT
Mattick stated he had nothing to report.
ADJOURNMENT
Printup moved, Walsh seconded, to adjourn the Orono City Council meeting at 9:45 p.m. VOTE:
Ayes 5, Nays 0.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2015
7:00 o’clock pm.
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Page 32 of 32
ATTEST:
__________________________________ _______________________________________
Diane Tiegs, City Clerk Lili Tod McMillan, Mayor
REQUEST FOR COUNCIL ACTION
DATE: 24 August 2015
ITEM NO: 3
_____________________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name Jeremy Barnhart RJO Planning Department Report
Title Community Development Director
_____________________________________________________________________________________
Item Description: Request for funding: Navarre Community Initiative
_____________________________________________________________________________________
List of Exhibits
Navarre Community Initiative letter of request
Bike Navarre flyer
Purpose. The Navarre Community Initiative is requesting the City of Orono contribute the cost of the
special event insurance policy, which is estimated at $500.00 to the Bike Navarre event.
Background. The Navarre Community Initiative is in the process of finalizing details for the Bike Navarre
event, scheduled for September 20. The Initiative is a group of Navarre residents and businesses who
are interested in promoting the safety and features of their community, its businesses, and parks.
The event is not a City event, but it will be held in a City Park and features frequent communication
between Initiative members and the City. The event will include an open house at the Navarre fire
house, a bike rodeo, musicians, a bouncy house, food and vendors. There is no charge for the event,
though the Initiative will solicit donations to defray costs including permits, advertising, equipment use/
rental, and supplies.
The Initiative will apply for a special event permit, which does require a $1,000,000 insurance policy.
This policy costs about $500.00. The Initiative contemplated requesting a waiver of the insurance
requirement, but on the direction of staff, is requesting the City pay the fee on behalf of the Initiative.
Holding this event without insurance raises several challenges with liability, and it is in the City’s best
interest to have the insurance coverage in place.
To date, the City has waived the costs associated with the special event permit, temporary sign permits,
conditional use permits, and CUP escrow for the event.
COUNCIL ACTION REQUESTED:
The Council should consider paying the fee for insurance for the Navarre Community Initiative. The
Council may wish to develop a policy for funding of these types of events at a later date.
Date Application Received: 07/08/15
Date Application Considered as Complete: 08/07/15
60-Day Review Period Expires: 10/06/15
REQUEST FOR COUNCIL ACTION
Date: August 19, 2015
Item No.: 4
______________________________________________________________________________
Department Approval: Administrator Approval: Agenda Section:
Name: Michael P. Gaffron RJO Planning Dept.
Title: Senior Planner
______________________________________________________________________________
Item Description: 15-3723 Source Land Capital - Lakeview Property - 405 North Arm Dr.
- Lakeview Park Outlot Signage Improvements
- First Amendment to Development Agreement
______________________________________________________________________________
List of Exhibits
A – Draft Amendment
B – Permit Application and Attachments
C – Proposed Signage Exhibit
D – Existing Development Agreement Excerpt
E – Communications with Applicants
Park Outlot Signage
The 4.5 acre parcel between North Arm Drive and the large pond on the Lakeview site is platted
as Outlot I for privately-owned public space purposes. While the Development Agreement
documented the ownership and maintenance parameters for the park parcel, it did not detail any
proposed improvements for the park save for the proposed trail layout. The developers on behalf
of the Citizens for Lakeview Preservation (CLP) in July submitted an application for a temporary
(90-day) sign permit to advertise the park and solicit donations.
Staff determined that this type of sign was not addressed during the development review and
does not fall under the parameters of any allowed temporary signage within the zoning code (see
communications in Exhibit E). Staff has determined that rather than pursue a code amendment
or seek special approval for this temporary sign, it would be more efficient for the developer and
the City to amend the Development Agreement to address the potential range of possible signage
improvements for the park property and establish parameters for such future signage, avoiding
the need for continuing review as signage improvements progress.
Comprehensive Signage Proposal
Exhibit C developed by the CLP is a description of proposed signage they would like to have the
ability to install on the park property. Council is asked to review the proposal and, subject to any
specific conditions desired, adopt the attached Amendment to the Development Agreement that
will establish conditions under which signage can be allowed for the park parcel. Parameters for
approval recommended by staff are as follows:
1. Improvements to Outlot I shall be limited to the trails indicated on Plan I, Sheet C-507 as
noted in Paragraph 7 of the Agreement and to the specific signage improvements
described in the attached Sign Descriptions document (see Exhibit C).
Lakeview – Park Outlot Signage
August 19, 2015
Page 2
2. Developer shall obtain a City permit for the temporary sign, such sign to be allowed to
remain in place for 90 days from the date of installation; and shall obtain a City permit
for the permanent Main Park Sign.
3. The temporary sign and Main Park Sign shall be setback no less than 10 feet from the
street lot line of Outlot I.
4. All other signage described in the Sign Description including interpretive/educational
signs, tree and planting signs, and memorial or dedication signs, shall not require City
permits.
COUNCIL ACTION REQUESTED
Review the attached materials and advise staff and developer of any identified concerns that should
be further addressed, if any.
Motion to direct Mayor and City Administrator to execute the First Amendment to Development
Contract and Planned Residential Development Agreement for Lakeview of Orono.*
*Amendment format subject to City Attorney review which is pending as of this writing.
REQUEST FOR COUNCIL ACTION
DATE: August 24, 2015
ITEM NO: 5
______________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name Adam T. Edwards RJO Public Works Director/
Title Public Works Director/City Engineer City Engineer’s Report
______ ______________________________________________________________________________
Item Description: Public Works Maintenance Worker Appointment
_____________________________________________________________________________________
1. Purpose. The purpose of the council item is to gain council approval to appoint two new
Maintenance Worker within Public Works and adjust one current employee’s wage.
2. Background. The Public Works Department has seven Maintenance Worker positions with
six currently filled. Two Employees have provided notice. Jim Gregory has provided his notice
to retire after 40 years of dedicated service in the Public Works Department. Jim’s last day will
be on October 31, 2015. Kevin Olsen provided the City notice of resignation. His last day was
be June 30, 2015. The Public Works Maintenance positions are critical to meet current service
needs and is essential to City operations.
3. Recruitment. The selection process for the Public Works Maintenance Worker position has
been completed. The top two candidates were Mr. Mark Lemen and Mr. Clint Schuman.
a. Mr. Lemen was employed full time with the City of Sharonville, Ohio for 4 years and
prior to that he worked for them and the Township of Symmes, Ohio in seasonal position while
also working as a mechanic for Ford for 8 years. Mark has the combination of customer service
focus and technical skills necessary to excel in the position. I recommended that Mark be
appointed to the position of Public Works Maintenance Worker at the starting salary of $22.64/hr
effective September 8, 2015.
b. Mr. Clint Schumann was employed full time as a machinist for the last 17 years while
running his own land scraping for 10 years. I recommended that Clint be appointed to the
position of Public Works Maintenance Worker at the starting salary of $20.83/hr effective
September 14, 2015.
4. Wage Adjustment. Since his employment with the City of Orono Mr. Justin Hirsch has
excelled. He has achieved both his Water and Sewer licenses and is a highly competent operator
on all of the City’s equipment. In addition, he has taken the lead on the maintenance of the
department’s equipment. In light of his value to the department and City, I strongly recommend
his wages be adjusted accordingly to Step Year 3 ($22.82/hr).
COUNCIL ACTION REQUESTED:
Consider a motion to appoint Mr. Mark Lemen and Mr. Clint Schumann to the positions of
Public Works Maintenance Worker and adjust Mr. Justin Hirch’s to Step 3.
REQUEST FOR COUNCIL ACTION
DATE: August 24, 2015
ITEM NO: 6
Department Approval: Administrator Reviewed: Agenda Section:
Name Diane Tiegs RJO Licenses
Title City Clerk
Item Description: Game Animals Limited Use Permit and Annual Limited Firearms Use Permit
Three Rivers Park District has applied for a Game Animals Limited Use Permit to bow hunt deer on
property owned by Hennepin Parks – Baker Park Reserve on October 2 through 4th and October 30th
through November 1, 2015.
The Park Gun Club has applied for their Annual Limited Firearms Use Permit for trap shooting. This
permit is valid from September 1, 2015 through August 31, 2016.
All the required paperwork has been submitted and approved by the Orono Police Department.
Council Action Requested:
Staff’s recommendation is for Council to consider a motion to approve the limited use permits for
Three Rivers Park District and the Park Gun Club.
2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616 www.ci.orono.mn.us
Exhibit A
ISSUED: AUGUST 24, 2015
PERMIT TYPE: GAME ANIMALS - $25.00
(Limited Use)
THIS PERMIT AUTHORIZES: THREE RIVERS PARK DISTRICT
to discharge Bow
for DEER HUNT
at PROPERTY OWNED BY HENNEPIN PARKS - BAKER PARK RESERVE
from 10/2-4/2015 and 10/30-11/1 2015
RESTRICTIONS:
Bow only.
40 Hunters participating
Notification of abutting property owners by letter 7-10 days in advance of the
proposed hunt.
Posting of appropriate signage around the Park boundaries to prevent unauthorized
access during the hunt.
This permit is issued for the above purpose. The holder must obey all of the laws and ordinances of
the United States, State of Minnesota, County of Hennepin, and City of Orono in the use of this
permit. The permit may be revoked at any time by the City of Orono by notifying the holder in
accordance with the ordinance granting the permit. Hunting of game animals or game birds is
prohibited in the City unless specifically stated in this permit.
Date issued:
_____________________________________
City Clerk, Diane Tiegs
(SEAL)
CITY OF ORONO
LIMITED FIREARMS USE PERMIT
LIMITED FIREARMS USE PERMIT
PERMIT NUMBER: 2015-2016
ANNUAL CLUB FEE: $25.00
PERMIT EXPIRES: AUGUST 31, 2016
REPRESENTATIVE: Dwayne Noren
13612 5th Avenue North
Plymouth, MN 55441
THIS PERMIT AUTHORIZES: PARK GUN CLUB
to discharge SHOT GUNS ONLY
for TRAP SHOOTING
at 3660 SIXTH AVENUE NORTH
from September 1, 2015 to August 31, 2016 (schedule attached)
RESTRICTIONS:
This permit is issued for the above purpose. The holder must obey all of the laws and ordinances
of the United States, State of Minnesota, County of Hennepin, and City of Orono in the use of this
permit. The permit may be revoked at any time by the City of Orono by notifying the holder in
accordance with the ordinance granting the permit. Hunting of game animals or game birds is
prohibited in the City unless specifically stated in this permit.
Date issued:
August 24, 2015
____________________________________
Diane Tiegs, City Clerk
(SEAL)
Exhibit B
REQUEST FOR COUNCIL ACTION
Date: Aug 24, 2015
Item No. 7
Department Approval: Administrator Approval: Agenda Section:
Name: Ron Olson RJO 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 103510 to
103593, totaling $272,939.39.
Noteworthy payments include:
Allied Blacktop Company
$46,199.00
Payment for sealcoating Casco Point Road.
This project, which extends roadway life,
was under budget by $7,000.
Commissioner of
Transportation
$ 158.46
When MSA funding is used for a road
project (Watertown). The State of
Minnesota inspects the quality of the
asphalt being used.
Gephart Electric Co
$ 5,924.00
Payment for the light fixture replacement in
the Council Chambers. The new lighting is
energy efficient LED’s.
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: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
A 1 RENTAL 08/24/2015 103510 106909B 602-49450-406 pontoon trailer rental Sewer 41.04
Total 103510:41.04
ACCURINT 08/24/2015 103511 1297291-201 101-42110-311 July Contract fee Police Department 117.50
Total 103511:117.50
Advanced Imaging Solutions 08/24/2015 103512 79794 101-42110-401 printer maint contract 8/10 to 9/09 Police Department 137.21
Advanced Imaging Solutions 08/24/2015 103512 79794 101-41900-401 printer maint contract 8/10 to 9/09 Central Services 109.77
Advanced Imaging Solutions 08/24/2015 103512 79794 602-49450-401 printer maint contract 8/10 to 9/09 Sewer 27.44
Total 103512:274.42
Advanced Imaging Solutions 08/24/2015 103513 80373 101-41900-413 toner shipping Central Services 13.96
Total 103513:13.96
ALLIED BLACKTOP COMPANY 08/24/2015 103514 20934 101-43000-408 Casco Pt road sealcoat Public Works Department 46,199.00
Total 103514:46,199.00
AMERICAN TIRE DISTRIBUTOR 08/24/2015 103515 63799476 101-42110-402 tires Police Department 631.60
Total 103515:631.60
APA MN ADMINISTRATORS 08/24/2015 103516 90515 101-42400-437 APA conf registration J. Barnhart Building & Zoning 300.00
Total 103516:300.00
BIFFS INC 08/24/2015 103517 W567717 101-45200-415 Bederwood park Parks 160.00
BIFFS INC 08/24/2015 103517 W567718 101-45200-415 Summit beach Parks 160.00
BIFFS INC 08/24/2015 103517 W567719 101-45200-415 Hackberry Beach Parks 125.00
BIFFS INC 08/24/2015 103517 W567720 101-45210-415 Golf Course Golf Course 62.79
BIFFS INC 08/24/2015 103517 W567721 101-45200-415 Crystal Bay Playground Parks 62.50
BIFFS INC 08/24/2015 103517 W567722 101-45200-415 Navarre Playground Parks 160.00
BIFFS INC 08/24/2015 103517 W567723 101-45200-415 French Creek Park Preserve Parks 62.50
Total 103517:792.79
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
BLUE CROSS BLUE SHIELD OF 08/24/2015 103518 80315 101-21706 Health insurance 26,348.48
BLUE CROSS BLUE SHIELD OF 08/24/2015 103518 80315 101-42110-135 Disability continuation Police Department 532.74
Total 103518:26,881.22
BOLTON & MENK INC.08/24/2015 103519 180870 602-16500 CIPP rehab and manhole lining 116.00
BOLTON & MENK INC.08/24/2015 103519 180893 651-49910-304 MS4 Admin Storm Water 777.00
BOLTON & MENK INC.08/24/2015 103519 180894 601-16500 North system well 1,932.00
BOLTON & MENK INC.08/24/2015 103519 180895 601-16500 Well house/WTP improvement 7,464.09
BOLTON & MENK INC.08/24/2015 103519 180896 435-48964-304 Baldur Park Rd 7,789.50
BOLTON & MENK INC.08/24/2015 103519 180897 101-43280-304 15-3739 Mooney Lake Preserve Special Services 1,596.00
BOLTON & MENK INC.08/24/2015 103519 180898 101-43280-304 14-00554 3759 Casco Ave Special Services 75.00
BOLTON & MENK INC.08/24/2015 103519 180899 101-43280-304 13-3637 Oliver Hill Special Services 150.00
BOLTON & MENK INC.08/24/2015 103519 180900 101-43280-304 13-3626 Pine View Special Services 500.00
BOLTON & MENK INC.08/24/2015 103519 180901 101-43280-304 3686 Navarre Ln Special Services 75.00
BOLTON & MENK INC.08/24/2015 103519 180902 406-48748-304 Stonebay drainaige overflow 2,328.50
BOLTON & MENK INC.08/24/2015 103519 180903 101-43280-304 14-3669 3850 Watertown Rd Special Services 216.00
BOLTON & MENK INC.08/24/2015 103519 180907 101-43280-304 2789 Pheasant Rd Special Services 432.00
BOLTON & MENK INC.08/24/2015 103519 180908 101-43280-304 15-3763 200 Stubbs Bay Rd Special Services 1,242.00
BOLTON & MENK INC.08/24/2015 103519 180909 101-43280-304 15-3749 Crystal Bay Estates Special Services 54.00
BOLTON & MENK INC.08/24/2015 103519 180910 601-49400-304 GIS/mapping watermain Water 150.00
BOLTON & MENK INC.08/24/2015 103519 180910 602-49450-304 GIS/mapping sewer Sewer 2,880.00
BOLTON & MENK INC.08/24/2015 103519 180910 651-49910-304 GIS/mapping storm sewer Storm Water 2,595.00
BOLTON & MENK INC.08/24/2015 103519 180911 402-48056-304 Watertown Rd improvements Watertown Road 30,872.55
BOLTON & MENK INC.08/24/2015 103519 180912 601-49400-304 AT&T plan review Water 770.60
BOLTON & MENK INC.08/24/2015 103519 180913 101-43280-304 15-3723 Lakeview Special Services 1,682.00
BOLTON & MENK INC.08/24/2015 103519 180914 408-48800-590 Navarre lighting 8.50
BOLTON & MENK INC.08/24/2015 103519 181062 602-49450-304 Misc engineering sewer Sewer 116.00
BOLTON & MENK INC.08/24/2015 103519 181062 651-49910-304 Misc engineering storm sewer Storm Water 204.00
BOLTON & MENK INC.08/24/2015 103519 181062 101-43170-304 Misc engineering Engineering 349.00
BOLTON & MENK INC.08/24/2015 103519 181062 651-49910-304 Misc engineering storm sewer Storm Water 30.00
BOLTON & MENK INC.08/24/2015 103519 181062 101-43170-304 MSA/Pavement mgmt Engineering 180.00
Total 103519:64,584.74
BUDGET PRINTING 08/24/2015 103520 8567 601-49400-322 shipping Water 19.09
Total 103520:19.09
CALIBRE PRESS 08/24/2015 103521 30289 101-42110-437 training F. Vargas Police Department 129.00
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103521:129.00
CAMPBELL KNUTSON 08/24/2015 103522 2717-000G1 101-42400-307 B&Z assistance Building & Zoning 697.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-000G1 101-41600-307 Fence viewers Law/Legal Services 475.00
CAMPBELL KNUTSON 08/24/2015 103522 2717-000G1 101-41600-307 Gen Legal/staff/review Law/Legal Services 901.74
CAMPBELL KNUTSON 08/24/2015 103522 2717-000G1 101-42400-307 staff meetings 7/15 Building & Zoning 1,379.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-000G1 101-41600-307 Council meetings 7/15 Law/Legal Services 1,302.00
CAMPBELL KNUTSON 08/24/2015 103522 2717-000G1 601-49400-307 Northern Utilities conf. call Water 124.00
CAMPBELL KNUTSON 08/24/2015 103522 2717-004G1 101-42110-307 Police matters Police Department 263.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-150G5 101-43290-800 litigation Special Projects-Contingencies 170.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-201G3 101-41600-307 misc recordings Law/Legal Services 17.00
CAMPBELL KNUTSON 08/24/2015 103522 2717-265G1 101-43280-307 13-3639 405 North Arm Dr Special Services 25.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-316G3 101-43280-307 14-3678 835 Forest Arms Ln Special Services 90.00
CAMPBELL KNUTSON 08/24/2015 103522 2717-348G5 101-43280-307 15-3723 405 North Arm Dr Special Services 787.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-353G3 101-41600-307 Spates Ave Lake Access Law/Legal Services 403.00
CAMPBELL KNUTSON 08/24/2015 103522 2717-357G3 101-43280-307 15-3739 300 Sixth Ave Special Services 562.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-358G3 101-43280-307 15-3734 200/350 Stubbs Bay Rd Special Services 50.00
CAMPBELL KNUTSON 08/24/2015 103522 2717-360G3 601-16500 Land acquisition-New Well 636.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-363G1 101-43280-307 15-3740 540 Old Crystal Bay Rd S Special Services 67.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-364G1 101-43280-307 15-3745 1432 Shoreline Dr Special Services 67.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-365G1 101-43280-307 15-3746 1224 Briar St Special Services 67.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-366G1 101-41600-307 15-3748 3855 Bayside Rd Law/Legal Services 67.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-367G1 101-43280-307 15-3749 185/225 Old Crystal Bay Rd Special Services 180.00
CAMPBELL KNUTSON 08/24/2015 103522 2717-368G1 101-43280-307 15-3750 1990 Shadywood Rd Special Services 112.50
CAMPBELL KNUTSON 08/24/2015 103522 2717-369G1 101-43280-307 15-3752 425, 475, 595 Old Crystal Bay Rd Special Services 90.00
CAMPBELL KNUTSON 08/24/2015 103522 2717-370G1 101-43280-307 15-3744 190 Orchard Rd Special Services 90.00
Total 103522:8,628.24
CARDMEMBER SERVICE 08/24/2015 103523 CF73015 101-42110-439 Lake Area Emergency Mgmt meeting lunch-El Paria Police Department 14.03
CARDMEMBER SERVICE 08/24/2015 103523 CF73015B 101-42110-402 car wash Buff-N-Glo Police Department 10.00
CARDMEMBER SERVICE 08/24/2015 103523 RO80615 101-41500-437 MNGFOA conf registration R. Olson Finance Department 225.00
Total 103523:249.03
CHUNKS LAKESHORE AUTO 08/24/2015 103524 12993 101-42110-402 #844 oil change, radar/radio removal Police Department 479.15
CHUNKS LAKESHORE AUTO 08/24/2015 103524 13014 101-42110-402 #237 oil change, tire rotation Police Department 74.03
CHUNKS LAKESHORE AUTO 08/24/2015 103524 13022 101-42110-402 #233 oil change, battery, repairs Police Department 338.58
CHUNKS LAKESHORE AUTO 08/24/2015 103524 13031 101-42110-402 #239 brakes, rotors Police Department 412.46
City of Orono Check Register - COUNCIL REPORT Page: 4
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
CHUNKS LAKESHORE AUTO 08/24/2015 103524 13044 101-42110-402 #240 oil change Police Department 45.79
CHUNKS LAKESHORE AUTO 08/24/2015 103524 13049 101-42110-402 #843 rire repair Police Department 14.31
CHUNKS LAKESHORE AUTO 08/24/2015 103524 13051 101-42110-402 #236 oil change, tires Police Department 403.81
Total 103524:1,768.13
CITYVIEW PLUMBING & HEATIN 08/24/2015 103525 43306 101-45210-404 GC bathroom repair Golf Course 148.00
Total 103525:148.00
COLONIAL SUPPLEMENTAL IN 08/11/2015 103504 3128642-070 101-21714 STD 7/15 592.60
COLONIAL SUPPLEMENTAL IN 08/11/2015 103504 3128642-080 101-21714 STD 8/15 644.06
Total 103504:1,236.66
COMMISSIONER OF TRANSPO 08/24/2015 103526 4662 402-48056-590 bituminous plant inspection Watertown Rd Watertown Road 158.46
Total 103526:158.46
CONNELLY INDUSTRIAL ELEC 08/24/2015 103527 14285 601-49400-405 repairs Navarre plant Water 524.45
Total 103527:524.45
CUBE INC 08/24/2015 103528 81315 101-22205 Escrow refund 2014-00747 2,500.00
Total 103528:2,500.00
CULLIGAN 08/24/2015 103529 73115 101-45210-403 softener exchange service Golf Course 19.63
Total 103529:19.63
EARL F ANDERSON & ASSOC 08/24/2015 103530 108410 101-43000-224 Replace signs Casco Pt and Shoreline Dr Public Works Department 262.72
EARL F ANDERSON & ASSOC 08/24/2015 103530 108537 101-43000-224 LED stop signs-Orono Schools Public Works Department 5,484.00
Total 103530:5,746.72
ECM PUBLISHERS INC 08/24/2015 103531 245162 101-41900-352 legal ads Central Services 65.56
ECM PUBLISHERS INC 08/24/2015 103531 245164 101-41900-352 legal ads Central Services 83.44
City of Orono Check Register - COUNCIL REPORT Page: 5
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103531:149.00
FAIRFAX ASPHALT INC 08/24/2015 103532 2746 101-43000-408 Minnie Ave curb Public Works Department 1,600.00
Total 103532:1,600.00
G & K SERVICES 08/24/2015 103533 1006227846 101-43000-221 towels Public Works Department 6.38
G & K SERVICES 08/24/2015 103533 1006227846 602-49450-226 uniform Sewer 11.89
G & K SERVICES 08/24/2015 103533 1006227846 601-49400-226 uniform Water 11.89
G & K SERVICES 08/24/2015 103533 1006227846 101-43000-226 uniform Public Works Department 23.76
G & K SERVICES 08/24/2015 103533 1006239242 101-43000-221 towels Public Works Department 6.38
G & K SERVICES 08/24/2015 103533 1006239242 101-43000-226 uniform Public Works Department 23.77
G & K SERVICES 08/24/2015 103533 1006239242 601-49400-226 uniform Water 11.89
G & K SERVICES 08/24/2015 103533 1006239242 602-49450-226 uniform Sewer 11.88
G & K SERVICES 08/24/2015 103533 1006241658 101-41900-404 council chambers mats Central Services 10.80
G & K SERVICES 08/24/2015 103533 1006241660 101-41900-404 mats City Hall Central Services 21.20
Total 103533:139.84
GEPHART ELECTRIC CO INC 08/24/2015 103534 80404 101-41900-404 Council Chambers light fixture replacement Central Services 4,999.00
GEPHART ELECTRIC CO INC 08/24/2015 103534 80405 101-41900-404 display spotlight Council Chambers Central Services 425.00
GEPHART ELECTRIC CO INC 08/24/2015 103534 80406 101-41900-404 flag polelight at post office Central Services 500.00
Total 103534:5,924.00
HABSTRITT, BRENT 08/24/2015 103535 81315 101-22205 Escrow refund 2014-00199 10,000.00
Total 103535:10,000.00
HENNEPIN COUNTY INFOR TE 08/24/2015 103536 1000063287 101-41900-319 network support Central Services 50.00
Total 103536:50.00
HENNEPIN COUNTY INFOR TE 08/24/2015 103537 1000063502 101-42110-414 radio lease and MDC billing Police Department 1,792.77
Total 103537:1,792.77
HENNEPIN COUNTY SHERIFF 08/24/2015 103538 1000063359 101-41600-309 jail charges Law/Legal Services 235.76
HENNEPIN COUNTY SHERIFF 08/24/2015 103538 1000063361 101-41600-309 jail charges Law/Legal Services 385.76
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103538:621.52
HENNEPIN COUNTY TREAS 08/24/2015 103539 0815-38 602-49450-489 special assessment charge Sewer 566.00
Total 103539:566.00
HENNEPIN COUNTY TREASUR 08/24/2015 103540 1000063610 602-49450-441 HCRRA lease charges Sewer 345.58
Total 103540:345.58
JACKIE YOUNG 08/24/2015 103541 80715 101-41300-319 CC meeting 7/13, 7/27 Administration 635.00
JACKIE YOUNG 08/24/2015 103541 80715 101-42400-319 PC meeting 7/20 Building & Zoning 240.00
JACKIE YOUNG 08/24/2015 103541 80715 101-45200-319 Park Commission 7/6 Parks 190.00
Total 103541:1,065.00
JEFFREY W. LAMBERT P.A.08/24/2015 103542 80615 101-41600-306 conflict prosecution Law/Legal Services 713.50
Total 103542:713.50
KIRBY BUILT SALES 08/24/2015 103543 2268 101-45200-221 Bronze plaques for donated items Parks 400.46
Total 103543:400.46
KLOMBIES, LINDSAY 08/24/2015 103544 81315 101-22205 Escrow refund 2014--01060 5,000.00
Total 103544:5,000.00
L-3 COMMUNICATIONS 08/24/2015 103545 228605 101-42110-221 camera cable Police Department 6.00
Total 103545:6.00
LIBERMAN, ZIV 08/24/2015 103546 81815 101-22205 Escrow refund 2015-01052 2,500.00
Total 103546:2,500.00
LOGIS 08/24/2015 103547 40479 101-41900-401 Budget Central Services 210.00
LOGIS 08/24/2015 103547 40479 101-41900-401 storage issues Central Services 210.00
LOGIS 08/24/2015 103547 40536 101-42110-310 police records 7/15 Police Department 5,347.00
City of Orono Check Register - COUNCIL REPORT Page: 7
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
LOGIS 08/24/2015 103547 40536 101-41900-329 internet 7/15 Central Services 193.50
LOGIS 08/24/2015 103547 40536 101-42110-329 internet 7/15 Police Department 193.50
Total 103547:6,154.00
LONG LAKE TRUE VALUE 08/24/2015 103548 B277739 602-49450-221 air blower Sewer 4.49
LONG LAKE TRUE VALUE 08/24/2015 103548 B280524 101-43000-224 supplies Public Works Department 25.97
Total 103548:30.46
MACQUEEN EQUIPMENT 08/24/2015 103549 2154363 602-49450-222 supplies Sewer 260.49
Total 103549:260.49
MADISON NATIONAL LIFE 08/24/2015 103550 1179756 101-21713 Sept LTD 1,120.16
Total 103550:1,120.16
MANSFIELD OIL COMPANY 08/24/2015 103551 654247 101-43000-212 Diesel Public Works Department 467.00
MANSFIELD OIL COMPANY 08/24/2015 103551 654248 101-42110-212 Fuel PD Police Department 2,706.64
MANSFIELD OIL COMPANY 08/24/2015 103551 689135 101-43000-212 Diesel Public Works Department 344.37
MANSFIELD OIL COMPANY 08/24/2015 103551 689136 101-42110-212 Fuel PD Police Department 2,772.92
Total 103551:6,290.93
MARTIN, PATRICIA 08/24/2015 103552 81315 101-22205 Escrow refund 2014-01034 2,500.00
Total 103552:2,500.00
MCELLIGOTT, MARY 08/18/2015 103505 73015 703-49960-379 reimb cleanup costs sewer jetting backup 584.12
Total 103505:584.12
MET COUNCIL ENVIRONMENTA 08/24/2015 103553 73115 101-20809 Sac 2,485.00
MET COUNCIL ENVIRONMENTA 08/24/2015 103553 73115 101-39610 SAC credit 24.85-
Total 103553:2,460.15
MIDWEST COCA COLA BOTTLI 08/24/2015 103554 168124215 101-45210-092 beverages Golf Course 256.56
City of Orono Check Register - COUNCIL REPORT Page: 8
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103554:256.56
MINNEAPOLIS OXYGEN COMP 08/24/2015 103555 171131821 101-43000-415 acetylene, oxygen Public Works Department 25.42
MINNEAPOLIS OXYGEN COMP 08/24/2015 103555 171131822 101-42110-221 oxygen Police Department 39.78
MINNEAPOLIS OXYGEN COMP 08/24/2015 103555 171131823 101-42110-221 oxygen Police Department 5.48
MINNEAPOLIS OXYGEN COMP 08/24/2015 103555 183183823 101-42110-221 oxygen Police Department 139.50
Total 103555:210.18
MINNESOTA PIPE & EQUIPMEN 08/24/2015 103556 340611 601-49400-227 hydrant marker holder Water 30.54
Total 103556:30.54
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 101-34210 Jul sales tax 2.00
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 601-39610 Jul sales tax 25.00
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 601-20806 Jul sales tax 556.00
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 101-37910 Jul sales tax 1,402.00
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 101-37920 Jul sales tax 689.00
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 101-37930 Jul sales tax 165.00
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 101-37935 Jul sales tax 82.00
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 101-37940 Jul sales tax 57.00
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 101-37960 Jul sales tax 40.00
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 101-37970 Jul sales tax 12.00
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 101-37990 Jul sales tax 373.00
MN DEPT OF REVENUE-WIRE 08/24/2015 103557 73115 101-37910 Jul sales tax 1.00-
Total 103557:3,402.00
MN NCPERS GROUP LIFE INS 08/24/2015 103558 6732815 101-21710 Pera life 8/15 224.00
Total 103558:224.00
MTI DIST CO 08/24/2015 103559 1027250-00 101-45210-223 irrigation parts Golf Course 650.38
MTI DIST CO 08/24/2015 103559 1027671 101-45210-221 supplies Golf Course 10.46
Total 103559:660.84
NAVARRE HARDWARE 08/24/2015 103560 287303 101-45200-223 park sign supplies Parks 14.72
NAVARRE HARDWARE 08/24/2015 103560 287443 101-43000-224 supplies Public Works Department 2.50
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
NAVARRE HARDWARE 08/24/2015 103560 287444 101-43000-224 supplies Public Works Department 2.50
NAVARRE HARDWARE 08/24/2015 103560 287476 101-43000-224 shop supplies Public Works Department 2.98
NAVARRE HARDWARE 08/24/2015 103560 287640 101-43000-224 supplies Public Works Department 3.79
NAVARRE HARDWARE 08/24/2015 103560 287640 101-43000-224 supplies Public Works Department 10.98
NAVARRE HARDWARE 08/24/2015 103560 287645 101-43000-224 credit Public Works Department 10.98-
NAVARRE HARDWARE 08/24/2015 103560 287646 101-43000-224 sign batteries Public Works Department 14.99
NAVARRE HARDWARE 08/24/2015 103560 2878477 101-43000-224 shop supplies Public Works Department 1.30
Total 103560:42.78
NCS HOLDINGS INC 08/24/2015 103561 73335 101-41900-322 courier service to CK Central Services 49.73
Total 103561:49.73
NELSON ELECTRIC MOTOR RE 08/24/2015 103562 7329 602-49450-406 GS 2 repair Sewer 1,162.00
Total 103562:1,162.00
NEWELL, KARI 08/24/2015 103563 81315 101-22205 Escrow refund 2015-00579 2,500.00
Total 103563:2,500.00
NORLINGS 08/24/2015 103564 30702 101-45200-404 landscape maintenance City Hall Parks 2,802.50
Total 103564:2,802.50
NORTHLAND CHEMICAL CORP 08/24/2015 103565 5058716 101-42110-223 sani mat Police Department 81.90
Total 103565:81.90
O SULLIVANS HOLIDAY 546 08/24/2015 103566 73115 101-42110-402 car wash Police Department 49.50
Total 103566:49.50
O SULLIVANS HOLIDAY 547 08/24/2015 103567 73115 101-42110-402 car washes Police Department 286.59
Total 103567:286.59
OFFICE DEPOT 08/24/2015 103568 7534192800 101-41900-201 office supplies Central Services 37.78
OFFICE DEPOT 08/24/2015 103568 7825812820 101-41900-201 office supplies Central Services 174.61
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
OFFICE DEPOT 08/24/2015 103568 7834193290 602-49450-201 printer ink Sewer 69.98
Total 103568:282.37
OKEY, DAPHNE 08/24/2015 103569 62915 614-49840-319 meeting video production 4-13 to 6-23 Cable Franchise 480.00
Total 103569:480.00
PROLAWNS 08/24/2015 103570 6877 101-45200-404 weed control at parks Parks 2,533.00
PROLAWNS 08/24/2015 103570 6877 101-41900-404 weed control City Hall/Fire station Central Services 428.00
Total 103570:2,961.00
QUALITY FLOW SYSTEMS INC 08/24/2015 103571 30840 602-49450-240 pump Sewer 490.00
QUALITY FLOW SYSTEMS INC 08/24/2015 103571 30840 601-49400-240 pump Water 490.00
QUALITY FLOW SYSTEMS INC 08/24/2015 103571 30863 602-49450-406 LS 28 repairs Sewer 4,860.00
QUALITY FLOW SYSTEMS INC 08/24/2015 103571 30886 602-49450-406 LS 30 and LS 6 repairs Sewer 5,630.00
Total 103571:11,470.00
REED VENDING 08/24/2015 103572 9099 101-45210-094 concession supplies Golf Course 159.50
Total 103572:159.50
SABRE HEATING & AIR CONDIT 08/24/2015 103573 81015 601-39610 permit refund 2015-00958 374.84
Total 103573:374.84
SCHERER PLUMBING AND HEA 08/24/2015 103574 81015 601-39610 permit refund 2015-00148 374.84
Total 103574:374.84
SCHWAAB INC 08/24/2015 103575 65393 101-41900-201 stamps Central Services 67.59
Total 103575:67.59
SELECT ACCOUNT 08/24/2015 103576 80515 101-41900-319 participant fee Central Services 94.50
Total 103576:94.50
City of Orono Check Register - COUNCIL REPORT Page: 11
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
SELECT ACCOUNT 08/24/2015 103577 81815 101-21719 8/18/15 FLEX 3.61
Total 103577:3.61
SELECT ACCOUNT 08/24/2015 103578 81115 101-21719 8/11/15 FLEX 80.00
Total 103578:80.00
SHANK CONSTRUCTORS INC 08/24/2015 103579 3200 601-49400-405 Navarre water plant repair Water 2,030.00
Total 103579:2,030.00
STONEWOOD LLC 08/24/2015 103580 81315 101-32510 permit refund 2014-01271 80.00
Total 103580:80.00
STREICHERS POLICE EQUIP 08/24/2015 103581 1160277 101-42110-226 uniforms J. Wittke Police Department 12.99
STREICHERS POLICE EQUIP 08/24/2015 103581 1161406 101-42110-226 uniforms Spencer Police Department 5.99
STREICHERS POLICE EQUIP 08/24/2015 103581 1161583 101-42110-226 uniforms N. Schultz Police Department 7.99
STREICHERS POLICE EQUIP 08/24/2015 103581 1161959 101-42110-226 uniforms Needham Police Department 61.99
STREICHERS POLICE EQUIP 08/24/2015 103581 1162518 101-42110-226 uniforms N. Schultz Police Department 72.00
STREICHERS POLICE EQUIP 08/24/2015 103581 1162529 101-42110-226 uniforms Gonsior Police Department 47.99
STREICHERS POLICE EQUIP 08/24/2015 103581 1162877 101-42110-226 uniforms Kirschner Police Department 37.99
STREICHERS POLICE EQUIP 08/24/2015 103581 1162924 101-42110-226 uniforms Olson Police Department 114.00
STREICHERS POLICE EQUIP 08/24/2015 103581 1162927 101-42110-226 uniforms Datwyler Police Department 144.00
STREICHERS POLICE EQUIP 08/24/2015 103581 1163391 101-42110-550 #241 setup Police Department 9,612.72
STREICHERS POLICE EQUIP 08/24/2015 103581 1163904 101-42110-226 uniforms Vargas Police Department 149.98
Total 103581:10,267.64
SUBURBAN RATE AUTHORITY 08/24/2015 103582 80715 101-41110-433 Second half membership assessment Mayor & Council 400.00
Total 103582:400.00
SUN LIFE FINANCIAL 08/24/2015 103583 81715 101-21710 Life Insurance Sept 1,283.20
SUN LIFE FINANCIAL 08/24/2015 103583 81715 101-15998 Cobra Life Insurance Sept .50
Total 103583:1,283.70
SUSAN SCHULTZ 08/24/2015 103584 71515 101-42110-439 reimb food for softball game Police Department 59.61
City of Orono Check Register - COUNCIL REPORT Page: 12
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103584:59.61
TANIS, PETER 08/24/2015 103585 81715 999-10010 UB refund 3.44
Total 103585:3.44
TASC 08/24/2015 103586 590308 101-41900-319 COBRA admin fee June Central Services 55.00
Total 103586:55.00
TREECARE 08/24/2015 103587 885 101-43000-408 Spruce Place storm damage Public Works Department 175.00
Total 103587:175.00
TRI CITY LAB 08/24/2015 103588 73115 601-49400-489 water testing Water 31.50
Total 103588:31.50
US BANK CM-9703 08/24/2015 103589 9421165 101-41900-319 HSA account maintenance fee Central Services 148.75
Total 103589:148.75
VANYO, MICHAEL 08/24/2015 103590 81415 101-22205 Escrow refund 2014-00690 10,000.00
Total 103590:10,000.00
WASTE MANAGEMENT RECYC 08/24/2015 103591 11851-2808-603-49500-316 Recycling Aug 8,723.20
Total 103591:8,723.20
WILDTHREADS 08/24/2015 103592 23328 101-42110-226 baseball jerseys Police Department 213.98
Total 103592:213.98
WRIGHT HENNEPIN ELECTRIC 08/24/2015 103593 80915 101-43000-381 7/01 to 8/01 Public Works Department 94.15
WRIGHT HENNEPIN ELECTRIC 08/24/2015 103593 80915 602-49450-381 7/01 to 8/01 Sewer 23.39
WRIGHT HENNEPIN ELECTRIC 08/24/2015 103593 80915 602-49450-381 7/01 to 8/01 Sewer 5.00
City of Orono Check Register - COUNCIL REPORT Page: 13
Check Issue Dates: 8/11/2015 - 8/24/2015 Aug 20, 2015 09:09AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103593:122.54
Grand Totals: 272,939.39