HomeMy WebLinkAbout09-14-2015 Council Packet Agenda for Council Meeting Set for Monday, September 14, 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 24, 2015
3. Council Work Session Meeting of *August 24, 2015
Planning Commission Comments – Representative Bruce Lemke
Presentation
4. 2016 Preliminary Budget Information – Ron Olson Finance Director
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
5. 15-3733, Sharratt Design Company LLC, on Behalf of James & Kathlyn Wyman, 1185 Ferndale Road
West, Variances
6. 15-3738, Kuhl Design Build o/b/o John & Cyndy Bowlsby, 1025 Spring Hill Rd, Variances, Amend
Resolution No. 6519
7. 15-3763, Christopher & Gail Bollis, 200 & 350 Stubbs Bay Rd, Preliminary Plat
8. 15-3767, Jon Ressler, 3683 North Shore Dr., Variances
9. 15-3768, Michael and Lisa Larson, Amend B-1 Uses to Allow Dog Kennels/ Dog Day Care
10. 15-3771, Julie Lensing, 3349 Crystal Bay Rd, Variance
11. 15-3772, Robert Miller, 60 Smith Ave, Variances
12. 15-3775, City of Orono, Text Amendment Regarding Temporary Signs
13. 15-3776, Navarre Community Initiative, CUP - Signage on Public Property
Public Works Director/City Engineer’s Report
14. Lydiard Beach Fence
15. Willow Drive North Reconstruction – Pay Request No. 6 - FINAL
16. Lift Station #2 Backup Generator
17. Livingston (Tower) Park Improvement Design Request
Agenda for Council Meeting Set for Monday, September 14, 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
18. Appointment of 2015 Golf Course Employee
19. Kelly Avenue Drainage (Carmen Outlet)
20. Well Site No. 4 Purchase Agreement
Mayor/Council Report
City Administrator's Report
21. Orono Police Garage - Pay Request #12*
22. Adopt the Lake Minnetonka Emergency Operations Plan
23. Claims/ Bills*
24. Permits/Licenses*
a. Fireworks/Pyrotechnic Special Effects – Long Lake Fire Department
b. One Day Temporary Permit for On-Sale Liquor – Long Lake Fire Department
c. One Day Temporary Permit for On-Sale Liquor – 8 T0 A Lamp Charity Benefit - Otten Brothers Nursery
25. Accept Resignation of Police Officer Lindsey Olson
26. Request to Hire Full-Time Police Officer
City Attorney's Report
Adjournment
Upcoming Events
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.
11/09 – Council Meeting, Monday, 7:00 p.m.
11/11 – Veterans Day
11/16 – Planning Commission Meeting, 7:00 p.m. (Council Liaison – Mayor McMillan)
11/23 – City Council Work Session, 5:00 p.m.
11/23 – City Council Meeting, 7:00 p.m.
11/26-27 – Thanksgiving
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 24, 2015
7:00 o’clock p.m.
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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, 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 No. 5 was 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 AUGUST 10, 2015
Mayor McMillan noted the minutes have been amended to reflect that Adam Edwards was on vacation.
Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of
August 10, 2015, as submitted. VOTE: Ayes 5, Nays 0.
PLANNING COMMISSION COMMENTS – KEVIN LANDGRAVER, REPRESENTATIVE
Representative Landgraver stated he had nothing to report but would be available for questions.
Landgraver stated Chair Leskinen has been doing a great job at chairing the meetings, especially as they
get longer and longer.
PUBLIC COMMENTS
None
PLANNING DEPARTMENT REPORT
3. REQUEST FOR FUNDING: NAVARRE COMMUNITY INITIATIVE INSURANCE
Community Development Director Barnhart stated the Navarre Community Initiative is requesting the
City contribute the cost of the special event insurance policy which is estimated at $500.00 to the Bike
Navarre event.
The event is scheduled for September 20. The event is not a City event but it will be held in a city park
and features frequent collaboration 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
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is no charge for the event but the Navarre Initiative will solicit donations to defray costs, including
permits, advertising, equipment use/rental, and supplies.
The Navarre Initiative will apply for a special event permit, which does require a $1,000,000 insurance
policy. This policy costs about $500.00. The Navarre 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. Barnhart stated 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.
Candace Nadler, Navarre Community Initiative, stated they are hosting the event on September 20 and
that they have a tremendous amount of volunteers and participants already lined up. The event will focus
on safety and bringing the community together. Nadler stated a number of the local businesses will be
involved in the event. Nadler stated in the 31 years she has lived in Navarre, she has never seen the
Navarre Community come together like this.
Nadler stated the Council and City have been very generous in their support of the Navarre Community
and this event. The Navarre Community Initiative is a small volunteer group which does not have the
funds to cover the cost of the insurance and as a result are asking the City to assist with that. Nadler
stated part of the emphasis is to promote the correct use of bike helmets and that insurance is an important
part of that focus.
McMillan noted the event is scheduled for Sunday, September 20, from 11:00 to 3:00, and will be
headquartered at the Navarre Park.
Walsh stated he does not feel the City should get involved for paying for organizational events and that
the community should take care of the insurance aspect. Walsh stated as a community member, he cares
about Navarre and will cover the cost of the insurance.
Nadler thanked Council Member Walsh for his generous donation.
City Attorney Mattick stated the City will need to be listed as an additional insured on the policy.
Mattick stated there is an issue about public purpose and City expenditure for the insurance. Mattick
stated he understands the nature of the request, but that he is not sure if the City can use funds for that
purpose. Mattick stated the City Council could decide to waive the insurance requirement, but that they
should check with the City’s insurer to make sure they are covered. Mattick stated since Council Member
Walsh is willing to donate the money for the insurance, the issue has been resolved but the City would
still need to be listed as an additional insured.
Nadler stated to her understanding they will be requesting a rider on the City’s policy.
Mattick stated it would be a separate policy and would cover an incident if it should occur. Mattick noted
the City already has insurance for the parks, but because this is not a City event, it will be necessary to
obtain a separate policy.
Barnhart indicated he will meet with Ms. Nadler about acquiring an insurance policy.
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McMillan asked if the City can help with advertising this event.
Nadler stated a flyer has gone out and that the group will be enhancing that to reflect the businesses that
are participating. Nadler stated they are doing their own press pretty much. Nadler asked whether
something could go into the next City newsletter.
Council Member Levang noted the next newsletter will not coming out until October but that it will have
the Bike Navarre event as the lead story in that edition. Levang stated the Pioneer, the Lakeshore, and the
Lakeshore Weekly have indicated they would be agreeable to including information on the event in
upcoming issues. Levang stated in terms of signage that is something that Mr. Barnhart will be covering.
Nadler stated a number of the local businesses also have the flyers on hand and that they are getting the
word out. Nadler stated in her view it will be a great bike rodeo and that they are hopeful kids from all
over Orono will come to the event.
Levang stated the flier has been included in the Council packet. Levang stated one business has agreed to
allow their store window to be painted to promote the event and that colorful bikes have been placed
throughout Navarre promoting the event.
McMillan asked whether the information has been put on the City’s website.
Levang stated they have sent out one e-mail blast but that the Navarre Community Initiative is not linked
to anything on the City’s website since they do not have their own web page.
Council Member Walsh suggested there be a link to the PDF flyer.
Cornick asked if they anticipate this being an annual event.
Nadler stated they are going to track the response to the event and see whether other organizations, such
as Blue Cross, might be interested in participating in future events. Nadler stated they need a track record
in order to apply for funds from those organizations.
Walsh stated the City of Elk River has a number of great community events in their downtown and that he
hopes Navarre will be able to do the same.
The City Council took no formal action on this item.
4. #15-3723 SOURCE LAND CAPITAL – LAKEVIEW PROPERTY – 405 NORTH ARM
DRIVE
Senior Planner Gaffron stated the Lakeview developers and the Citizens for Lakeview Preservation have
requested a temporary sign for the park outlot located along North Arm Drive. In reviewing this item,
Staff has concluded that there is nothing in the City’s current sign code to address this situation. The
applicant is requesting a sign be allowed to be placed soliciting funds for the park.
Gaffron noted he sent the Council via e-mail some information regarding the code. In addition, Staff has
looked at whether there are different ways to resolve this matter. It is Staff’s view that an amendment to
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the development agreement is the best way to proceed. Gaffron stated the Citizens for Lakeview
Preservation would like to eventually put in a permanent sign that talks about the park as well as some
interpretative signage located in different areas of the park.
Gaffron displayed photos of some of the signs that are being considered.
Staff is proposing that the four parameters listed in Staff memo be added to the Development Agreement
in the section addressing out lots. Those parameters 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.
2. The 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 set back no less than ten 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.
Levang asked what language will be on the temporary sign.
Gaffron stated he does not have that information and that the only information Staff has received is their
application, which does not get into the content of the sign.
McMillan asked where the lots for sale sign will be located.
Gaffron stated the developer is allowed one large subdivision sign advertising the development. That sign
will likely be located on County Road 19. The developer is also allowed a monument at the end of the
road and each individual lot is allowed to have a 2’ x 2’ real estate sign.
Council Member Printup asked if this is something the Park Commission should review.
Gaffron noted this is a privately owned space and the Park Commission would not have any jurisdiction
over it.
McMillan stated the only issue is whether this would set any precedence and that tying the sign to the
development agreement would restrict other people from installing similar donation signs.
Mattick noted this is a private park, which does not happen very often, and is part of a development.
Mattick stated there are grounds to differentiate this from other donation signs but that the Council should
make sure they are comfortable with the request.
McMillan asked what would happen if they ask for an extension.
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Gaffron stated some wording could be added that says it may be extended for X number of days or times
if the Council chooses.
Levang stated she would like to see that included. Levang stated from the very beginning of this
development there was some confusion over who owned the property and that a number of people
believed that the City owned the Lakeview Golf Course. As a result, Levang stated she feels very
uncomfortable with a sign that will be soliciting donations given the possibility that people might think
the City of Orono is soliciting donations for a park. Levang stated the sign should be very clear that this
is not the City of Orono soliciting donations.
McMillan stated the language on the sign will be very important but that the Council does not have any
proposed language before them.
Dr. Tom Mazer, Citizens for Lakeview Preservation Board Member, stated the sign they are proposing
will be a descriptive sign pretty much illustrating what the park is meant to be about and will have also a
visual of what they anticipate in terms of the pathways that will go through the park and the vegetation,
etc. In addition, there will be a small acrylic box on the side that will have little brochures identifying
what the park is all about. In the brochure will be an insert for people who are willing to make a
donation. Mazer stated there will not be anything specifically on the sign requesting donations but would
simply be an insert in the brochures. The sign will clearly state that this is not the City of Orono but
rather a citizens group that is creating the park.
Levang asked who the group expects to be advertising to since North Arm is not a well-traveled road.
Dr. Mazer stated there are a number of people who walk up and down the road and that in their view this
will be a park that will be attractive to the residents within a couple mile radius that can walk to the park.
McMillan asked if this will be a sign that people will stop to read.
Dr. Mazer stated people who drive by may be attracted to the sign and stop by to see it. Mazer agreed
that North Arm Drive is not heavily traveled at this point but the people who drive by will be inclined to
stop to see what the sign is about.
Council Member Cornick asked if the donations will be deductible.
Dr. Mazer stated they have received approval to be a 501(c) (3) corporation from the IRS and that the
donations will be tax deductible.
McMillan asked if 90 days will be sufficient.
Mazer stated in his view it will be but that it would also be nice to have an extension available.
Levang asked when the sign will be installed.
Dr. Mazer stated the plan is to erect the sign this fall, likely in the next week or two, if approval is
received tonight.
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Printup moved, Walsh seconded, to approve Application No. 15-3723, Source Land Capital,
Lakeview Property, 405 North Arm Drive, subject to review of the sign language by Staff.
Gaffron asked if the Council would like to include language regarding an extension.
Walsh stated it is unlikely there will be much pedestrian traffic after November.
It was the consensus of the City Council not to include language regarding an extension.
VOTE: Ayes 5, Nays 0.
4a. #15-3752 ESTATE DEVELOPMENT CORPORATION – TOM GONYEA, 475 OLD
CRYSTAL BAY ROAD NORTH – CONTINUED SKETCH PLAN REVIEW
Gaffron stated based on prior discussions, the applicant has provided a revised layout for consideration
and discussion that incorporates 38 single-family units and a 4-unit townhome. The primary difference
between the newest concept, which is Concept 4, and Concept 3, is the addition of a group of four
attached townhome units at the southeast corner of the property that would access directly from Old
Crystal Bay Road.
Tom Gonyea, Estate Development Corporation, stated generally the idea of the revised concept plan is
incorporating slightly larger lots at 65 feet and adding a more affordable component consisting of four
townhome units. The idea for the townhome units is that Habitat for Humanity or another organi zation
would purchase the lots at a reduced cost and construct the units. Gonyea stated with the revised plan, he
is showing a reduced setback to Highway 12 to by 20 feet and showing an additional access onto Old
Crystal Bay Road.
Gonyea stated this concept plan is really just for discussion purposes and to gain Council input on it so he
can keep moving forward with the plan. Gonyea stated in his view it will be well received on the
marketplace but that he would like to know whether the Council would like to proceed in this direction.
Gonyea stated the units in Stone Bay are priced in the upper 200s to lower 300s for a two-bedroom unit
and it seems like they have selling at a pretty consistent pace for the last year or so. Gonyea stated in his
view the units he is proposing will be almost competing with the units at Stone Bay and that there is still a
pretty good supply over at the Stone Bay development.
Gonyea indicated he is looking for comments, suggestions, and feedback from the Council.
Printup asked if there is any room along Old Highway 12 for a trail.
Gonyea stated in his opinion there would be and that they are considering adding a berm and some
landscaping in that area. Gonyea stated they could perhaps do less landscaping and construct a trail.
Gonyea stated he is not sure what the width of the right-of-way is.
Gaffron stated if the lots are 65-foot wide lots, there potentially is 15 to 16 feet.
Gonyea stated he has not explored that option at this time.
Printup stated he was just wondering how future development to the west would fit in with this property.
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Walsh commented the last time the Council reviewed the concept plan he was uncomfortable with the
5-foot setbacks. Walsh asked whether anything has changed on that.
Gonyea stated in this plan the side setbacks are 10 and 5 feet so it is more of a standard setback that
someone would see like in Maple Grove or Plymouth. Gonyea stated they have 22-foot setbacks on the
smaller units and 30 feet on the bigger units.
Walsh asked if there would be a 5-foot setback on one side and then ten feet on the other side.
Gonyea indicated that is correct.
McMillan stated there would be 15 feet between houses.
Gonyea stated on the previous concept plan the setback was decreased both in the front and on the sides.
Walsh stated the small setbacks was his main concern and that in his view 10 and 5 might work okay.
McMillan noted the house pads are 50’ x 65’ and asked how much square footage the homes would have.
Gonyea stated the typical square footage would be in the low 2,000s to low 3,000s, with the owner having
some opportunities to increase that by finishing the basement or adding a 3-season porch or deck.
McMillan stated the City is interested in getting some more entry-point homes and that the attractive
thing about this site would be a single-family home with a back yard that allows young families to take
advantage of the school across the street. McMillan stated she would love to see this area be a young
family area, and that what appeals to young families is back yards and a functional house. McMillan
stated Orono seems to have a fair amount of families moving into the City but that they tend to be more
established and in their 40s who can afford a house over half a million dollars.
Gonyea stated Stone Bay has a pretty affordable component if someone wanted to find their way into
Orono. Gonyea stated from a new product standpoint, there really are no new options on the market
currently. Gonyea stated these homes would likely be considered the next step up and that Orono might
be missing a step in the 400 to 500 range. Gonyea stated in his view the target market for this
development will primarily be young families and that the twin homes in Stone Bay provide for the
people who want to be empty nesters or have a simple life.
McMillan stated Stone Bay tends to be an older crowd and that there can be quite a bit of cost associated
with belonging to a homeowners association. McMillan stated she would hope this development does not
need a homeowners association since there will be public roads. McMillan commented Stone Bay has
less of a back yard feel and that there are not very many young families in Stone Bay. McMillan asked
whether this development could be built without a homeowners association.
Gonyea stated right now the only common elements that might require a homeowners association is a
picnic area and a small tot lot, which could be public or private. Gonyea stated in the past he has included
the berm areas in with the lots.
Walsh asked what the lots would sell for.
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Gonyea indicated probably the upper 100,000s.
Walsh stated given the price of the lots and what it costs to construct a house per square foot, this will not
be a starter house no matter what. Walsh stated it really is more of what the Council is comfortable with
as it relates to how the development looks, whether there is room to park a car, the setbacks, and other
items like that. Walsh noted these will not be $200,000 homes and will probably be more $500,000
homes.
McMillan stated smaller building pads would make the price of the house come down as well.
Gaffron asked if they could vary the lot sizes enough to have some 300-350 homes interspersed with the
600 homes.
Gonyea indicated that is not a plan he would like to pursue and that he would like to go with an
unattached product. Gonyea noted one of the main issues people encounter with attached units is the fact
that they are attached. Gonyea stated to mix the two may not be a great fit.
McMillan asked if every house will have a 3-car garage or whether it vary some.
Gonyea stated they will vary some but they will all have the option to have a 3-car garage or a 2-car
garage with a courtyard effect.
McMillan asked if the homes will basically have the same square footage.
Gonyea stated the homes would range from the low 2,000s to the low 3,000s, with another 1,000 square
feet of basement.
Printup stated one of the things the Council discussed last time was avoiding the cookie cutter look.
Gonyea says the City of Maple Grove has a point system that prohibits the same house being constructed
within a certain distance and requiring the facades to be different. Gonyea stated the goal is not to have
the same type of house right next to each other and that there will be a variety of plans available to the
property owners.
Levang stated she would encourage the Council to see the development that was done in Plymouth.
Levang asked how comfortable he is with the 4-unit townhomes.
Gonyea stated his preference would be not to have it but that they also have to work with the
Metropolitan Council. Gonyea stated in his view whatever townhome units go in there will need to
compete with Stone Bay
Levang asked if there will be quite a bit of green area around the development.
Gonyea stated standard setback to the back would be 50 feet and this is showing 30 feet, which is another
City ordinance that would need to be addressed with a variance.
Printup asked if there is another area in Orono that has 4-units.
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Gaffron stated east of the Navarre fire station there are groups of six units tied together and other
duplexes just to the east of that.
Gonyea stated the look may be similar to Stone Bay, with a garage and two floors above that.
Walsh asked if he would be the builder on all these homes.
Gonyea indicated it would be Dave Weekly Homes.
Walsh stated the City and developer will need to look at how this development will tie into the orchard
property. Walsh stated what is being done here will help to define what will be done with the orchard
property.
McMillan stated the Dumas property will have some impact on this development.
Levang asked whether that would be a temporary cul-de-sac.
Gaffron stated the developer is showing a 50-foot radius temporary cul-de-sac which presumably would
be built. One portion of it would be located on an easement that could be extinguished if the road needs
to become a through road at some point.
McMillan asked if the wetland is circular shaped on the southern end.
Gaffron stated the majority of the wetland is on this property, with a couple of small wings being located
on the Dumas property. Gaffron displayed an aerial photograph of the site.
McMillan stated she was wondering whether the road could be circular someday.
Gaffron stated it could be circular and that someday, when the Dunas property develops, there could be
access onto Wayzata Boulevard.
Printup asked if the roads would eventually go into the Dumas property.
Gaffron stated that is correct.
Printup stated that could alleviate the need for a trail along Old Highway 12 since the pedestrians could
navigate the streets.
Levang indicated she is okay with the 4-units since there appears to be green space around them and they
would offer some more affordable units.
Cornick stated he would support Concept 4 since that is what the City Council requested the last time.
Levang asked if he would continue to do the berming on Lot 4.
Gonyea indicated they would lose a little of that ability but that there would be some berming.
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Walsh asked if the 4-unit townhouse would be rental or whether they would be owned by individual
owners.
Gonyea stated he has not gone through this process before but that he envisions they could be lots that
could be purchased and built by Habitat for Humanity or another similar organization.
Printup asked if the 4-unit structure is being driven by Metropolitan Council numbers or a request by the
City of Orono.
Gonyea stated at the last meeting they talked about how this property is guided for higher density and that
if it is going to be reduced in density to something like three to four units per acre, the Metropolitan
Council may want to see an affordable component to the project.
Printup stated he does not want it to appear like it is being squeezed in there if they don’t have to. Printup
commented he is okay with the layout, but that the four-unit being put in just because it might satisfy
something that is unknown at this point is not something he is comfortable with.
McMillan commented she is not sure whether four more units would really make a difference. McMillan
stated she personally would like to see some diversity in the home sizes.
Gonyea indicated he could place some of the product on a colored drawing to depict the footprint better
rather than simply showing it as a box. Gonyea indicated the homes will appear to be varied more
simply by virtue of the fact that the roads curve.
Walsh stated the setbacks are important, and once the homes are constructed, it cannot be changed.
Walsh stated a 5-foot setback does not really allow for much.
McMillan stated she would like to see the cul-de-sac on the north side be made smaller but that might not
be possible.
Gaffron stated a T-intersection might be an option rather than a cul-de-sac.
Gonyea stated the cul-de-sac was more to address school buses and emergency vehicles. Gonyea stated
it also provides variations in front setbacks once the cul-de-sac is removed. Gonyea indicated he is okay
with either option.
McMillan indicated she is okay with the temporary cul-de-sacs. McMillan stated as far as the playground
area, she does not want it to trigger some type of homeowners association and that she would rather do
without it if a homeowners association is required. McMillan noted there is a park area located across the
street. McMillan stated that is an item that can be worked out later.
Gaffron stated typically when there is a pond like this, the Watershed District will require a declaration
for maintenance, which tends to create a homeowners association. Gaffron stated the homeowners
association could be created for a minimal number of elements of the development, such as a
neighborhood park or pond.
Gonyea asked if it would make sense for someone from City Staff to contact the Metropolitan Council to
see if this is something that would be allowed.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 24, 2015
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 11 of 13
McMillan indicated she is in agreement with that.
Gaffron stated Staff can do that.
Levang stated that would also help the Council determine whether the four units are necessary.
Gonyea stated he will get together with the builder and come up with a revised concept plan depicting the
home sizes.
The City Council took no formal action on this item.
PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT
Public Works Director/City Engineer Edwards stated a neighborhood meeting was held with the Baldur
Park residents. The project will result in some restricted access in the middle of the road that is expected
to last for approximately three days. The work is scheduled to start next Monday.
In addition, the Public Works Department has repainted the crosswalk lines on Old Crystal Bay Road and
installed experimental flashing LED stoplights to bring some more visibility to the crosswalks.
The Public Works Department is continuing with the sewer cleaning, which is nearing completion.
Edwards indicated the area highlighted in green was completed this year. Edwards stated the Public
Works Department has also been doing some minor erosion repair along various streets as part of the
storm sewer cleanout.
Edwards stated the side of the post office has been painted by the STS crew. The park signs have also
been given a fresh coat of paint. Edwards stated the Parks Commission had suggested that some
recycling containers also be placed at some of the parks. The City’s trash contractor has been requested
to place some recycling containers at Navarre, Bederwood and Summit to see how those work out. The
Public Works Department will be continuing with some work at Lydiard Beach and the other
beautification items requested by the Park Commission.
Edwards indicated he will be receiving a quote from the consulting engineer to conduct a survey on
Lydiard Beach and that he will be meeting with him next week. Edwards stated it is his understanding
there is a 3 to 5-foot buffer near the channel that is owned by a private property owner.
McMillan stated there also appears to be an issue with fishing on the adjoining property as well.
Levang asked if the City paid for the new LED stop sign.
Edwards stated four signs in total were erected and that the City paid for two and the school district paid
for two.
*5. PUBLIC WORKS MAINTENANCE WORKER APPOINTMENTS
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 24, 2015
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 12 of 13
Levang moved, Printup seconded, to appoint Mr. Mark Lemen and Mr. Clint Schumann to the
positions of Public Works Maintenance Worker and adjust Mr. Justin Hirch’s compensation to
Step 3. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Walsh stated he would echo Planning Commissioner Landgraver’s comments about Denise Leskinen
doing a good job as chair.
Walsh reported the fire department dock had to be removed a couple of weeks from the North Shore
Marina, which posed an issue for the Hennepin County Sheriff. Marina owner, Richie Anderson, had
another plot of land at another one of his marinas that he is letting them use. That dock is only about a
half mile further and should work just great. Walsh stated North Shore was having issues with people
getting dropped off at some of their private docks and wandering around.
Cornick reported he attended the turnback meeting and the Navarre Initiative meeting but that he would
let Council Member Levang and Mayor McMillan report on those meetings.
Levang stated the bike event is moving along quite nicely and that they are receiving a lot of nice
comments about the bicycles. Levang stated the local businesses have been very amenable about
allowing the bicycles in front of their establishments and that the coordinator of the Tour de Tonka event
provided seven of his bikes, which will be returned after the event is over.
Printup noted he had previously raised the issue about signs for developments and notices and that he has
heard about it again from a resident about a week ago as well as at the last Planning Commission meeting
Printup stated he would like to get that item on a work session agenda in the near future.
McMillan stated at the Highway 12 turnback meeting the County presented eight options. Two of the
options would last for four months in duration and the majority of the others were ten months in duration.
McMillan indicated the committee narrowed it down to two options. One option is having two lanes
going through and not having a road closure, but that would result in another $1.4 million dollars because
temporary sheet piling would be required and would add an extra two months to the project. The other
option is having a single lane going westbound. Westbound is preferred over eastbound since it was felt
that motorists would be more likely to shop on their way home and use the establishments. McMillan
stated the single lane westbound would be approximately $200,000 extra and four months of construction
time. The committee was not in favor of the full closure for four months.
Walsh asked if there was any talk about where the additional money would come back from.
McMillan stated it could possibly come from the turnback money. McMillan stated in her view it is down
to those two options. McMillan stated the single lane with a metered signal would create huge backups
and was not really an option.
Walsh asked what the process is going forward and who would be making a decision.
McMillan stated the committee requested additional information on those two options and that it will be
presented at the September meeting. McMillan stated the problem with the two lanes is with the
temporary utilities, which would have to be paid for by the City. The committee has requested Hennepin
County find out what those costs will be.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 24, 2015
7:00 o’clock p.m.
_____________________________________________________________________________________
Page 13 of 13
Printup asked if the Long Lake Chamber of Commerce has expressed which option they like.
McMillan stated everyone would like to see the two lanes.
Cornick stated they asked if and they said no.
CITY ADMINISTRATOR’S REPORT
*6. PERMITS/LICENSES
Game Animals Limited Use Permit
1. Three Rivers Park District
Bow hunting
Baker Park Reserve
October 2 – 4 and October 30 – November 1, 2015
Annual Limited Firearms Use Permit
2. Park Gun Club
Trap shooting
3660 Sixth Avenue North
September 1, 2015 – August 31, 2016
Levang moved, Printup seconded, to approve the above-listed licenses. VOTE: Ayes 5, Nays 0.
*7. 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, Levang seconded, to adjourn the Orono City Council meeting at 8:39 p.m. VOTE:
Ayes 5, Nays 0.
ATTEST:
______________________________________ ______________________________________
Diane Tiegs, City Clerk Lili Tod McMillan, Mayor
City Council Work Session, July 27, 2015 Page 1
MINUTES OF THE
ORONO CITY COUNCIL WORK SESSION
August 24, 2015
5:00 o’clock p.m.
_________________________________________________________________
PRESENT: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr, Aaron Printup,
Lizz Levang, and Denny Walsh. Representing Staff were Finance Director Ron Olson,
Police Chief Correy Farniok, Public Works Director/Engineer Adam Edwards,
Community Development Director Jeremy Barnhart.
1. Emergency Notification SOP
Police Chief Correy Farniok discussed the department’s policy for emergency
notifications to the public. He explained how certain incidents are emailed just
to the Council as informational items and others are sent out on a list serve to the
public. The use of social media was also discussed.
2. Highway 12 Safety Update
Chief Farniok discussed the draft safety study for the Highway 12 corridor. As
part of the discussion he discussed the recent fatal accidents that had
occurred. Some solutions that are mentioned in the report include: metering,
dynamic shoulder, and a movable center median. The Chief believes that the
Hwy 12 coalition has been effective at getting MnDot to focus on the safety
issues. He would like to bring the coalitions focus back to the corridor.
3. 2016 Budget
Finance Director Ron Olson updated the Council on the 2016 draft budget. The
levy that will be presented for approval at the September 28th council meeting
will include a new levy in the amount of $183,000 for road funding. City Engineer
Adam Edwards provided information about the funding needs for road project.
The non-union COLA was discussed. Council directed staff to move all of the
COLA Funds that were budget from the wage line items to the contingency line.
City Council Work Session, July 27, 2015 Page 2
Further discussion on wages will occur at the October work session in conjunction
with discussion on the Compensation Study.
4. Living Wall
Community Development Director Jeremy Barnhart discussed “living walls” with
the Council. He indicated that a public hearing was schedule at the planning
commission meeting on September 21. Barnhart indicated that he was wary of
being overly involved with regulating landscaping.
5. Ordinance Update
Barnhart updated the council on other ordinance updates. He indicated that the
City could do a better job of defining lights.
6. Paperless Council Packets
The council indicated a willingness to move to a paperless packet for council
members.
Meeting adjourned at 6:40 p.m.
ATTEST:
_________________________________ ____________________________________
Diane Tiegs, City Clerk Lili Tod McMillan, Mayor
REQUEST FOR COUNCIL ACTION
DATE: September 14, 2015
ITEM NO: 4
________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name Ron Olson City Administrator's
Title Finance Director Report
________________________________________________________________________
Item Description: Preliminary 2016 Budget and Tax Levy
________________________________________________________________________
Attachments:
1. Tax Capacity Rate
2. Tax Impact on Home Owners
3. Resolutions
________________________________________________________________________
Overview
Work on the preliminary 2016 budget was begun by staff at the beginning of June. At the June
22 work session the Council was provided background information on the budget and an
overview of the budget challenges for 2015. At the work session, the Council was asked for
goals on the tax levy and expenditure levels for the preliminary budget. Based on the Council’s
input, a draft budget was prepared and provided to the Council for their review at the July 27,
2015 work session. The draft budget was refined further and the updated draft was presented
to the Council at the August 24, 2015 work session. The budget being presented tonight has
been to reflect the Council’s input from the three budget work sessions.
Tax Levy
The preliminary tax levy to fund the 2016 budget is $4,954,480. This is an increase of $182,480
or 3.84%. The tax levy includes a new levy in the amount of $183,000 that is designated to to
start funding the long term maintenance of the City’s street infrastructure. The increase in the
levy will not increase the overall tax rate, which will continue to be one of the lowest tax rates
in the State of Minnesota. Additional information on the tax levy and rate is included as
attachment 1.
Tax Capacity Rate and the Impact of the Tax Levy on Property Owners
The County Assessor provides an annual calculation of the City’s tax capacity based on the
annual property revaluation. As of August 1, 2015 the City’s taxable market value is
$2,530,000,000 with a tax capacity of $28,500. When compared to last year, taxable market
value has increased by 4.15% and the tax capacity by 3.82%. Applying the proposed tax levy
to the estimated tax capacity results in a tax rate of 17.384%; this is the same as the 2015 rate.
Assuming a 3% increase in a property’s value, the tax rate will have the following results: a
$250,000 home will see an increase of $14.08 a $500,000 home will see an increase of $32.60;
a $1,000,000 home will see an increase of $65.19; and a $2,000,000 home will see an increase
of $130.38. Because property’s will not all experience the same change in value, tables
assuming an increase of 3%, a decrease of 3%; and no value change are included with this
memo.
Adoption of the Preliminary Budget and Tax Levy
The City is required to certify its preliminary tax levy the County by September 30. After
adoption of the preliminary levy, the levy cannot be increased. The levy can still be decreased
prior to adoption of the final levy at the December 8th council meeting. Public comment on
the budget and tax levy will be allowed at the December meeting prior to the adoption of the
budget.
COUNCIL ACTION REQUESTED:
No Council Action is required at this time. The preliminary budget will be adopted at the
September 28th council meeting.
Attachment C - Tax Capacity Rate
City of Orono
Tax Capacity, Local Levy, & Tax Capacity Rates
3.84% Levy Increase
2016 Over / Under 2015
Actual Estimated
TAX CAPACITY 2015 2016 Amount Percent
Net Tax Capacity (To calculate rate)$27,445,792 $28,500,000 $1,054,208 3.84%
LOCAL LEVY
Total levy all funds $4,772,000 $4,954,480 $182,480 3.82%
TAX CAPACITY RATES Tax Levy
General Revenue 14.639%14.093%-0.546 4,016,500
Road Maintenance Fund 0.000%0.642%0.642 183,000
GO Improvement 2008 1.000%0.674%-0.326 192,150
GO Improvement 2010 0.488%0.460%-0.028 131,050
GO Improvement 2014 1.260%1.515%0.255 431,780
Total Local Tax Capacity Rate 17.387%17.384%-0.003 4,954,480
Page 1
Attachment C - Tax Capacity Rate
Page 1
Actual Estimated **Actual Estimated Actual Estimated Actual Estimated
2014 2015 2014 2015 2014 2015 2014 2015
Value $250,000 $250,000 $500,000 $500,000 $1,000,000 $1,000,000 $2,000,000 $2,000,000
MVE $14,740 $14,740 $0 $0 $0
Tax Value $235,260 $235,260 $500,000 $500,000 $1,000,000 $1,000,000 $2,000,000 $2,000,000
2,353 2,353 5,000 5,000 11,250 11,250 23,750 23,750
17.384%17.384%17.384%17.384%17.384%17.384%17.384%17.384%
$409.05 $409.05 $869.20 $869.20 $1,955.70 $1,955.70 $4,128.70 $4,128.70
$0.00 $0.00 $0.00 $0.00
0.00%0.00%0.00%0.00%
* Tax Capacity (net) = 1% of first $500,000 market value, plus 1.25% of all value over $500,000
** Assumes no change in value
% Increase from 2014
Effect of 2016 Tax Levy & Budget on Residential Properties
No Change in Value
Tax Capacity (Net) *
Tax Capacity Rate
Net City Tax
$ Increase from 2013
Actual Estimated **Actual Estimated Actual Estimated Actual Estimated
2014 2015 2014 2015 2014 2015 2014 2015
Value $250,000 $257,500 $500,000 $515,000 $1,000,000 $1,030,000 $2,000,000 $2,060,000
MVE $14,740 $14,065 $0 $0 $0
Tax Value $235,260 $243,435 $500,000 $515,000 $1,000,000 $1,030,000 $2,000,000 $2,060,000
2,353 2,434 5,000 5,188 11,250 11,625 23,750 24,500
17.384%17.384%17.384%17.384%17.384%17.384%17.384%17.384%
$409.05 $423.13 $869.20 $901.80 $1,955.70 $2,020.89 $4,128.70 $4,259.08
$14.08 $32.60 $65.19 $130.38
3.44%3.75%3.33%3.16%
* Tax Capacity (net) = 1% of first $500,000 market value, plus 1.25% of all value over $500,000
** Assumes a 2.0% increase in value
% Increase from 2013
Effect of 2016 Tax Levy & Budget on Residential Properties
3.0% Increase in Value
Tax Capacity (Net) *
Tax Capacity Rate
Net City Tax
$ Increase from 2013
Attachment E - Tax Impact
Actual Estimated **Actual Estimated Actual Estimated Actual Estimated
2014 2015 2014 2015 2014 2015 2014 2015
Value $250,000 $242,500 $500,000 $485,000 $1,000,000 $970,000 $2,000,000 $1,940,000
MVE $14,740 $15,415 $0 $0 $0
Tax Value $235,260 $227,085 $500,000 $485,000 $1,000,000 $970,000 $2,000,000 $1,940,000
2,353 2,271 5,000 4,813 11,250 10,875 23,750 23,000
17.387%17.387%17.387%17.387%17.387%17.387%17.387%17.387%
$409.12 $394.86 $869.35 $836.75 $1,956.04 $1,890.84 $4,129.41 $3,999.01
-$14.26 -$32.60 -$65.20 -$130.40
-3.48%-3.75%-3.33%-3.16%
* Tax Capacity (net) = 1% of first $500,000 market value, plus 1.25% of all value over $500,000
** Assumes a 2.0% decrease in value
% Increase from 2013
Effect of 2016 Tax Levy & Budget on Residential Properties
3.0% Decrease in Value
Tax Capacity (Net) *
Tax Capacity Rate
Net City Tax
$ Increase from 2013
Page 1
A RESOLUTION ADOPTING THE PRELIMINARY 2015
TAX LEVY COLLECTIBLE IN 2016
BE IT RESOLVED, by the City Council of the City of Orono, County of Hennepin,
Minnesota, that the following sums be levied for the current year, collectible in 2016 upon the
taxable property in the City of Orono, for the following purposes:
General Fund - Operating $4,016,500
Pavement Management Levy 183,000
G.O Improvement Bond 2008 192,150
G.O. Improvement Bond 2010 131,050
G.O. Improvement Bond 2014 431,780
TOTAL ALL LEVIES $4,954,480
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the
County Auditor of Hennepin County, Minnesota.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held
September 28, 2015.
ATTEST:
______________________________ ______________________________
Diane Tiegs, City Clerk Lili Tod McMillan, Mayor
P
A RESOLUTION TO ADOPT THE
PRELIMINARY 2016 GENERAL FUND BUDGET
BE IT RESOLVED, by the City Council of the City of Orono, County of
Hennepin, Minnesota that the preliminary 2016 General Fund budget is determined to be as
follows:
ESTIMATED REVENUES
Taxes - General $4,016,500
Licenses and Permits 469,650
Intergovernmental 217,220
Charges for Services 2,692,300
Fines and Forfeits 105,500
Interest Income 35,500
Recreation Fees 138,000
Miscellaneous 33,900
TOTAL $7,708,570
APPROPRIATED EXPENDITURES
General Government $1,223,505
Public Safety 4,966,568
Street Maintenance 480,576
Parks and Recreation 254,345
Engineering - Unallocated 20,000
Reimbursable Expenditures 95,750
Special Projects and Contingency 100,826
Capital Outlay 202,000
Transfers to Other Funds 365,000
TOTAL $7,708,570
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held September 28, 2015.
ATTEST:
____________________________________ ____________________________________
Rachel Dodge, City Clerk Lili Tod McMillan, Mayor
Date Application Received: 04/22/15
Date Application Considered as Complete: 04/22/15
120-Day Review Period Expires: 10/19/15
REQUEST FOR COUNCIL ACTION
Date: 10 September 2015
Item No. 5
Department Approval: Administrator Approval: Agenda Section:
Name: Melanie Curtis mcc Planning
Title: Planner
Item Description:
#15-3733, Sharratt Design LLC, o/b/o James & Kathlyn Wyman, 1185 Ferndale Rd W, Variance - Resolution
Application Summary:
The property owners plan to construct a two-story garage addition on the west side of the home at a conforming
setback; the new driveway extension to access the garage requires a setback variance from the wetland. The
driveway is proposed to be constructed as close as 12 feet from the wetland where a 35-foot setback is required.
A portion of the new driveway is also proposed to be constructed within an existing sanitary sewer easement.
If the City engineer deems it appropriate, an encroachment agreement can be drafted to address the new
driveway and the existing boulder wall improvements within the easement.
Planning Commission Recommendation
On August 17, the Planning Commission held a public hearing and reviewed the application including the
evidence submitted and testimony from the public. Please see the attached draft minutes from the Planning
Commission meeting for more detail regarding the public comments. Following the public hearing the
Commission voted 5 to 1 on a motion to approve the setback variance with the following conditions:
1. Applicant shall comply with all of the permitting requirements of the MCWD – specifically the
wetland, erosion control, and floodplain alteration rules.
2. Applicant shall comply with the recommendations of the City Engineer prior to placement on the City
Council agenda.
3. Applicant shall enter into an encroachment agreement with the City to addresses the existing and
proposed improvements within the sewer easement. A draft agreement will be provided to you prior
to the City Council meeting for review.
Planning Staff Recommendation
Staff recommends approval of the wetland setback to construct the driveway. Staff recommends the
proposed grading be revised to provide stormwater volume mitigation on the northwest corner of the
proposed improvements.
COUNCIL ACTION REQUESTED
Council should consider adopting or amending the approval resolution.
List of Exhibits:
Exhibit A. Draft Resolution
Exhibit B. Proposed Survey – Revised
Exhibit C. Proposed Plans & Elevations
Exhibit D. Photos Submitted by Neighbor
Exhibit E. PC Staff Report & Exhibits
Exhibit F. Draft PC Minutes
Date Application Received: 08/06/15
Date Application Considered as Complete: 09/10/15
60 –Day Review Period Extension Expires: 11/09/15
REQUEST FOR COUNCIL ACTION
Date: 10 September 2015
Item No. 6
Department Approval: Administrator Approval: Agenda Section:
Name: Melanie Curtis mcc RJO Planning
Title: Planner
Item Description:
#15-3738 – Kuhl Design Build o/b/o John and Cyndy Bowlsby – 1025 Spring Hill Rd – Variances – Amend
Resolution No. 6519
Application Summary:
In June, the Council approved lake setback variances in order to permit construction of additions on the lake
side of the home within the 100-foot setback from Long Lake and lakeward of the average lakeshore setback.
A variance to permit construction of a pool within the 75’ setback (and ahead of the average lakeshore
setback) was denied. The council adopted Resolution No. 6519 which is attached as Exhibit C.
The property owners worked with their designer and have brought back a request to amend the approval
slightly. As shown in Exhibit B, they would like to eliminate the previously proposed larger additions shown in
yellow on the west end of the home and construct a smaller addition (green) in its place. Another 125 square
foot addition (also in green) is also proposed which fills in a jog in the lakeside of the home to accommodate a
kitchen bump out. The pool has been relocated to be completely beyond all required setbacks.
Planning Staff Recommendation
Staff recommends approval of the requested variances amending Resolution No. 6519.
COUNCIL ACTION REQUESTED
Council should make a decision on the requested variances and direct staff to draft a resolution for adoption
at the September 28th meeting. If the Council deems it appropriate to receive Planning Commission feedback
on this request prior to final action, the item should be tabled to the Planning Commission’s September 21st
agenda for their review.
List of Exhibits:
Exhibit A. Revised Plans
Exhibit B. Resolution No. 6519
Date Application Received: 6/17/15
Date Application Considered as Complete: 6/26/15
120-Day Review Period Expires: 10/24/15
REQUEST FOR COUNCIL ACTION
Date: September 10, 2015
Item No.: 7
______________________________________________________________________________
Department Approval: Administrator Approval: Agenda Section:
Name: Michael P. Gaffron RJO Planning Dept.
Title: Senior Planner
______________________________________________________________________________
Item Description: #15-3763, Christopher W. Bollis, 200-350 Stubbs Bay Road North
- Preliminary Plat Approval - Resolution
Application Summary: On August 10 Council reviewed this proposed subdivision involving
two tax parcels to create a new private road and 7 new 2-acre building lots. Council voted 5-0
to direct staff to draft a resolution for preliminary plat approval, to be reviewed by Council in
30 days.
Staff Recommendation: Attached is a draft preliminary plat approval resolution for Council
consideration and possible adoption.
List of Exhibits
A – Draft Resolution
B – Updated Development Plans
- Preliminary Plat Drawing
- Sheet SP, Preliminary Site Plan last dated 8/6/15;
- Sheet GP, Preliminary Grading and Erosion Control Plan last dated 8/6/15;
- Sheet ST, Preliminary Street and Utility Plan last dated 8/6/15; and
- Sheet LS, Preliminary Landscape Plan last dated 8/6/15;
C – 8/10/15 Council Minutes
D – Council Memo dated August 6, 2015
At the August 10 meeting Council reviewed the proposed subdivision and discussed a number of
then-unresolved issues. Council also heard from the residents of Kintyre Lane who indicated the
lack of knowledge about the possibility of their private road being extended has raised a variety of
concerns which they needed more time to consider. Council directed staff to prepare a resolution
addressing the variety of topics discussed, and to bring it to Council in 30 days to allow the existing
Kintyre Lane residents time to consider their options.
Revised Plans - Update
Road Design. The applicant and his engineer reviewed the road design with staff and the City
Engineer, resulting in a road design using surmountable curbs to control runoff. Road width from
back-of-curb to back-of-curb will be 30 feet, meeting the City’s requirement for a road serving
more than 10 homes. Applicant has indicated they will continue to refine the road design to
incorporate a rural section where possible.
15-3763 200-350 Stubbs Bay Rd N
September 10, 2015
Page 2
Council determined that the combined road length of just over 1500 feet was a variance that could
be granted, especially since the Fire Chief indicated the size of the homes would likely require
installation of fire suppression sprinklers. Council did not express a desire for a connecting road
corridor to Stubbs Bay Road.
Staff has not heard from the Kintyre residents as to their desire for the future of the existing cul-
de-sac. Any future plan to revise or eliminate it would require City approval. The City Engineer
is reviewing the latest plans and will ensure an appropriate transition between the existing cul-de-
sac and the new road extension.
Septic Sites: Wetland Setbacks. Council discussion on August 10 suggested that the 50-foot septic
system setback from the wetlands would be acceptable and the city could grant a variance to the
wetland ordinance to allow mound systems to encroach within portions of the 75’ wetland buffers
required by the MCWD. The latest plan sets indicate a variety of MCWD buffer widths being
established based on the various wetland classifications found within the property. The result is
that all septic sites meet the 50-foot soil treatment area setback requirements except for the
alternate site on Lot 7, which will have to be relocated. On a few lots, portions of the primary
and/or alternate sites will encroach into the required buffer, so that the future owners may have to
work with the MCWD on re-establishing buffer vegetation.
Grading of Building Pads. The Developer has proposed a revised grading plan that includes
future grading to establish individual pads to establish “new existing grades” for house placement
on all 7 lots. The proposed pad grading is intended to occur at the time individual building permits
are issued. Applicant has been advised that final plat drawings must indicate the demarcation
between the road & drainage improvements and the future building pad grading. The portion of
the proposed grading plan that depicts future grading to create individual building pads will be
considered as establishing “new existing grades” for house placement on all 7 lots. The proposed
pad grading will occur at the time individual building permits are issued. This is similar to what
was done with the Creekside in Orono plat a number of years ago.
Landscaping Plan. Council generally indicated acceptance of the proposed landscaping plan that
omits the regular spacing of trees along the private road in favor of adding trees along the south
border of the site as a buffer to the existing Kintyre development
Lot Width Variances. Council indicated they found the lot width variances for Lots 4, 5, and 6
acceptable.
Lot 5 Existing Septic System. Applicant had noted that the immediate disposition of the existing
house on Lot 5 has not been determined. The septic mound serving that house will end up being
partly within Lot 5 and partly within Lot 4. Council discussion suggested that a limited-term
temporary easement with specific triggers to require removal of the system should be considered.
Staff recommends that an easement be prepared with the following conditions:
1. The easement shall expire, and the system shall be removed, upon any one of the following
occurrences:
a. At such time that Lots 4 and 5 become separately owned;
b. At such time that a permit for home construction is issued for Lot 4;
15-3763 200-350 Stubbs Bay Rd N
September 10, 2015
Page 3
c. At such time that a permit for home demolition or new home construction is issued
for Lot 5;
d. At such time that a permit for expansion of the existing home on Lot 5 is issued;
e. At such time that the existing system is found to be non-compliant and ordered to
be replaced;
2. Regardless whether any of the above has occurred, the easement shall expire and the system
shall be removed no later than 2 (two) years after the date of filing of the plat with Hennepin
County.
The above has been written into the conditions of the Resolution.
Road Agreement. Mr. MacKinnon has granted the required access easement for Outlot D, and it
has been recorded with Hennepin County. It is staffs’ understanding that the applicant and the
Kintyre HOA are close to finalizing a cost share agreement regarding maintenance of Kintyre
Lane.
Staff Recommendation
Staff has prepared a resolution for preliminary plat approval incorporating general and specific
conditions of approval for Council consideration.
COUNCIL ACTION REQUESTED
Review the attached materials and resolution. If all issues of concern have been suitably addressed,
move to adopt or amend the attached resolution entitled A Resolution Granting Preliminary Plat
Approval for a Class III Subdivision of Property Located at 200-350 Stubbs Bay Road North
- File No. 15-3763.
Date Application Received: 07/20/15
Date Application Considered as Complete: 08/03/15
60-Day Review Period Expires: 10/02/15
REQUEST FOR COUNCIL ACTION
Date: 8 September 2015
Item No. 8
Department Approval: Administrator Approval: Agenda Section:
Name: Melanie Curtis mcc RJO Planning
Title: Planner
Item Description: #15-3767, Jon Ressler, 3683 North Shore Dr, Variances, Resolution
Application Summary:
The applicant is proposing to construct an attached garage addition and make modifications to the existing
one-level home resulting in a 2 ½ story home; side, lake and average setback variances as well as hardcover
and structural coverage variances are required in order to do so.
The existing home is situated as close as 35 feet to the OHWL of Lake Minnetonka and 5 feet ahead of the
average lakeshore setback. There is an existing one-level 1,200+ square foot home and 460 square foot
detached garage on the property. There is a crawl space under the home. At 1,781 square feet, the property
currently exceeds the allowed 1,500 square foot structural coverage allowance by 281 square feet; the
hardcover level is currently at 54% where 25% is allowed and slight increase to 56% is proposed (188 square
feet additional hardcover). The applicant’s proposal will reduce structural coverage slightly by 9 square feet
(1,772 square feet proposed).
Planning Commission Recommendation
On August 17, 2015, the Planning Commission held a public hearing and reviewed the application including
the evidence submitted. Following the public hearing the Commission voted 5 to 1 in favor of a motion to
approve the variances as requested with the following conditions:
1. Applicant shall comply with the permitting requirements of the MCWD.
2. The top floor of the proposed home shall comply with the City’s definition of “half story”; no height or
number of stories variances are being granted.
3. Applicant shall comply with the recommendations of the City Engineer and Building Official during the
permit review and construction process.
4. Revised hardcover calculations shall be submitted to properly report the hardcover existing within the
75-foot setback. Revised calculations were submitted (see Exhibit D).
Planning Staff Recommendation
Staff recommends approval; a draft approval resolution has been provided for Council’s consideration.
COUNCIL ACTION REQUESTED
Council should consider adopting or amending the approval resolution.
List of Exhibits:
Exhibit A. Draft Resolution
Exhibit B. Proposed Survey
Exhibit C. Proposed Plans & Elevations
Exhibit D. Revised 0-75’ Hardcover Calculations
Exhibit E. PC Staff Report & Exhibits
Exhibit F. Draft PC Minutes
REQUEST FOR COUNCIL ACTION
DATE: 14 September, 2015
ITEM NO: 9
_____________________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name Jeremy Barnhart RJO Planning Department Report
Title Community Development Director
_____________________________________________________________________________________
Item Description: #15-3768, Michael and Lisa Larson, Ordinance amendment related to dog
boarding and grooming in B-1 zoning district, Public Hearing
_____________________________________________________________________________________
List of Exhibits
Draft Ordinance
PC staff report
Purpose. The applicants propose an ordinance amendment that defines dog boarding, daycare, and
grooming and allows those uses as a conditional use permit in the B-1 zoning district. In anticipation of
the ordinance being approved, the applicants have submitted an application for a business meeting
those definitions on Shoreline Drive in Navarre. This will be reviewed by the Planning Commission at
their meeting September 21st.
Background. Kennels, though not defined by the ordinance, are a conditional use in the B-5 zoning
district. All kennels require an annual license, approved by the City Council.
The Planning Commission, at their public hearing on August 17, 2015, reviewed two ordinances, one
prepared by the applicant, and a second more general one, prepared by staff. The Planning Commission
favored the more specific one, noting concerns of unintended impacts to neighboring properties.
The Planning Commission asked how other communities govern these uses.
Minnetonka allows Kennels as an interim use in the R-1, R-3, and R-4 residential zones, with lot
size, screening, and licensing requirements. Kennels are not defined.
Plymouth allows indoor kennels in the Office, and C-2, 3, and 4 commercial districts as a permitted use.
It also allows them in their I-2 Industrial zone, as a conditional use. Kennels are defined as a “premises
where the business of selling, boarding, breeding, treating or grooming animals is conducted.”
Wayzata defines dog kennels “Any place where three (3) dogs or more over three (3) months of
age are kept for the use of the owner, or are boarded, bred and/or offered for sale, except a veterinary
clinic.” Kennels are a conditional use in their C-3 zoning district.
Mound defines kennel as “any place where more than three of any single type of domestic
animal, over six months of age, is owned, boarded, bred, or offered for sale, but not including livestock
in relation to a farm.” However, kennels are not listed as principal uses anywhere within their code.
COUNCIL ACTION REQUESTED:
Staff and the Planning Commission recommend approval of the ordinance as presented.
Page 1 of 2
Draft Ordinance
ORDINANCE NO. ___, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE
BY AMENDING SECTION 78-1 REGARDING DEFINITIONS AND 78-644
REGARDING DOG GROOMING AND SPA SERVICES
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Section 78-1of the City of Orono Municipal Code is hereby amended
by adding text as follows:
“Sec. 78-1. Definitions.
Dog Boarding means indoor overnight boarding services for more than three dogs aged
greater than six months.
Dog Daycare means indoor daycare services for more than three dogs aged greater
than six months.
Dog Grooming means a premises where pet grooming services such as bathing, teeth
cleaning, haircuts, and nail polishing and trimming are provided.
SECTION 2. Section 78-644 of the City of Orono Municipal Code is hereby
amended by adding text as follows:
“Sec. 86-644. Conditional uses.
(11.) Dog Boarding
(12.) Dog Daycare
(13.) Dog Grooming
SECTION 3. EFFECTIVE DATE: This ordinance shall take effect immediately upon
its passage and publication.
ADOPTED this ___th day of _____________, 2015 on a vote of __ ayes and __
nays by the City Council of Orono, Minnesota.
ATTEST:
Page 2 of 2
______________________________ _____________________________
Diane Tiegs, City Clerk Lili Tod McMillan, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of ________, 2015.
Date Application Received: 7/20/2015
Date Application Considered as Complete: 7/30/2015
60-Day Review Period Expires: 9/30/2015
To: Chair Leskinen and Planning Commission Members
Jessica Loftus, City Administrator
From: Jeremy Barnhart, Community Development Director
Date: August 17, 2015
Subject: #15-3768, Michael and Lisa Larson, Ordinance amendment related to dog
boarding and grooming in B-1 zoning district, Public Hearing
List of Attachments
Exhibit PC-A Application
Exhibit PC-B Proposed Ordinance
Exhibit PC-C Staff option
Exhibit PC-D B-1 Zoning areas
Exhibit PC-E B-1 Zoning District permitted and Conditional Uses
Background
Michael and Lisa Larson plan to open a dog boarding, day care, and grooming facility at 3596
Shoreline Drive. The property is zoned B-1 Retail Sales; those uses are not permitted.
To facilitate their business, the applicants propose an amendment that defines their business
and allows it by conditional use permit in the B-1 zoning district. The applicants feel that their
proposed business is appropriate in the B-1 zoning district, given the proximity to public
highways, the required setbacks of the district and the intensity of their use compared to other
uses of the district.
The B-1 zoning district provides locations for a wide range of retail and service businesses
adjacent to highways and public sanitary sewer. The majority of B-1 zones are in the Navarre
area.
Application Summary: The applicants are requesting a text amendment that would allow dog
grooming and boarding in the Retail Sales (B-1) zoning district.
Staff Recommendation: Planning Department Staff recommends approval of the ordinance as
proposed.
FILE # 15-3768
17 August, 2015
Page 2 of 3
Section 78-646 - Setbacks:
B-1 DISTRICT Required
Front 35 feet
Rear 35 feet
Side 15 feet
Side street 35 feet
Side residential 35 feet
Applicable regulation
“Sec. 78-43. - Adoption and amendment procedure.
(a) At any time after the adoption of a land use plan for the city, the planning
commission, for the purpose of carrying out the policies and goals of the land use plan,
may prepare a proposed zoning ordinance and submit it to the council with its
recommendations for adoption. Subject to the requirements of this chapter, the council
may adopt and amend a zoning ordinance with the favorable vote of a majority of the
entire city council. Amendments which change all or part of the existing classification of a
zoning district from residential to either commercial or industrial require approval by a
two-thirds vote of the entire city council.
(b) No zoning ordinance or amendment shall be adopted until a public hearing has been
held by the planning commission or by the council. A notice of the time, place and
purpose of the hearing shall be published in the official newspaper of the city not less
than ten days prior to the day of the hearing. When an amendment includes changes in
district boundaries affecting an area of five acres or less, a similar notice shall be mailed
at least ten days prior to the day of the hearing to each owner of affected property and
property situated wholly or partly within 350 feet of the property to which the
amendment relates. For the purpose of giving mailed notice, the person responsible for
mailing the notice may use any appropriate records to determine the names and
addresses of owners. A copy of the notice and a list of the owners and addresses to which
the notice was sent shall be attested to by the responsible person and shall be made a
part of the records of the proceedings. The failure to give mailed notice to individual
property owners or defects in the notice shall not invalidate the proceedings, provided a
bona fide attempt to comply with this subsection has been made.
(c) An amendment to this chapter may be initiated by:
(1) Action of the council;
(2) A recommendation of the planning commission; or
(3) By petition of the owners of their or adjoining property, the zoning of which is
proposed to be changed.
An amendment not initiated by the planning commission shall be referred to the planning
commission for study and report and may not be acted upon by the council until it has
received the recommendation of the planning commission on the proposed amendment or
until 60 days have elapsed from the date of reference of the amendment without a report
by the planning commission.
FILE # 15-3768
17 August, 2015
Page 3 of 3
(d) Rezoning applications may be denied by motion of the council, and such motion shall
constitute a finding and determination that the proposed rezoning is not in the best
interest for the physical development of the city. No application which has been denied
wholly or in part shall be resubmitted for a period of six months from the date of the
order of denial, except on grounds of new evidence or proof of change of conditions
found to be valid by the planning commission.”
Analysis
In evaluating appropriate locations for a proposed land use where a use is not listed, the
practice is to find the most similar use currently allowed within the code. If one can be found, it
is assumed that the omission is intentional, and the most similar use is not desired in other
locations. The most similar use is Kennels, which are allowed as a conditional use in the B-5
Limited Neighborhood Business District. Based on this analysis, Kennels are not desired in the B-
1 zoning district. However, Pet shops are a permitted use in the B-1 zoning district.
It is recognized that market and demographics shift faster than the ordinance, and therefore,
the ordinance allows for property owners to initiate an amendment. The applicants feel that
Kennels does not accurately describe their business model and perhaps carries a negative
connotation compared to their proposed use.
The danger in being overly restrictive in defining a use is that if a use does not meet the
restrictions laid out in the definition, the use is not allowed, even though it may be appropriate.
For example, dog boarding is permitted, but cat or other pet boarding is not. The suggested,
and more general pet grooming allows dogs, cats, and other pets. If the Planning Commission
and the Council feel that “Kennel” adequately defines acceptable uses in the B-1 zoning district,
the Planning Commission should support staff’s version that is more general.
Public Comments
The proposed amendment would affect the zoning of more than 5 acres; individual notices were
not mailed, per Section 78-43. To date, no comments for or against the proposal have been
received.
Issues for Consideration
1. Does the Planning Commission find dog boarding and day care is appropriate in the B-1
zoning district?
2. Is a closely defined use (Dog Boarding, Dog Daycare, Dog Grooming) appropriate?
3. Are there any other issues or concerns with this application?
Planning Staff Recommendation
The Planning Commission, after holding the public hearing, may recommend approval, approval
with changes, or denial of the ordinance as drafted.
Date Application Received: 07/22/15
Date Application Considered as Complete: 07/29/15
60-Day Review Period Expires: 09/27/15
REQUEST FOR COUNCIL ACTION
Date: 9 September 2015
Item No. 10
Department Approval: Administrator Approval: Agenda Section:
Name: Melanie Curtis mcc RJO Planning
Title: Planner
Item Description: #15-3771, Julie Lensing, 3349 Crystal Bay Road, Variances, Resolution
Application Summary:
The applicant is proposing to construct additions over the existing open, roofed stoop and above an existing
lake-side family room bump-out to accommodate a master bedroom and bath addition on the level above on
the lakeside of the home. The applicant has requested a lake setback and an average lake setback variance in
order to construct the additions. The existing home is 3-levels which includes a tuck-under garage; three sides
of the home have more than 6-feet of exposure as it sits in the grade. Based on the existing first floor
elevation and existing grades, the lowest level is defined as a story. The upper/3rd story of the home does not
meet the half story definition as it exists. As a result, in order to expand the square footage of the non-
conforming 3rd story as requested, a variance is required. The proposed expansions will not result in any new
calculable structural coverage square footage.
Planning Commission Recommendation
On August 17, the Planning Commission held a public hearing and reviewed the application including the
evidence submitted. Following the public hearing the Commission voted 6 to 0 on a motion to approve the
variances with the following conditions:
1. Revised hardcover calculations shall be submitted to properly report the hardcover existing within the
75-foot setback and the lot area. Revised calculations were submitted (see Exhibit D).
Planning Staff Recommendation
Staff recommends approval of the variances as requested. A draft approval resolution has been provided for
Council’s consideration.
COUNCIL ACTION REQUESTED
Council should consider adopting or amending the approval resolution.
List of Exhibits:
Exhibit A. Draft Resolution
Exhibit B. Proposed Survey
Exhibit C. Proposed Plans & Elevations
Exhibit D. Revised Hardcover Calculations
Exhibit E. PC Staff Report & Exhibits
Exhibit F. Draft PC Minutes
Date Application Received: 07/22/15
Date Application Considered as Complete: 07/22/15
60-Day Review Period Expires: 09/20/15
REQUEST FOR COUNCIL ACTION
Date: September 10, 2015
Item No. 11
Department Approval: Administrator Approval: Agenda Section:
Name: Mike Gaffron RJO Planning
Title: Senior Planner
Item Description:
#15-3772, Robert Miller, 60 Smith Avenue, Variances - Resolution
Zoning District: RR-1B, One Family Rural Residential, 2-acre, 200’
Lot Area: 0.84 acres +
Lot Width: 105 feet +
List of Exhibits:
Exhibit A. Draft Resolution
Exhibit B. Additional Supporting Materials from Applicant’s Architect
Exhibit C. Draft Planning Commission Minutes of 8/17/15
Exhibit D. Notice of PC Action dated 8/27/15
Exhibit E. Comment Letters Distributed at 8/17 PC Meeting
Exhibit F. PC Staff Report & Exhibits dated 8/11/15
Application Summary:
The applicant is requesting front yard and side yard setback variances in order to construct a second
story addition over the existing residence, plus a one-story mud/laundry room and attached garage. A
summary of the existing and proposed site conditions is shown in the following table (variances
required to Zoning Code Section 78-420 shown in bold type):
Lot Area
Lot
width Setbacks (feet) for Proposed Home with Attached Garage
(acres) (feet) Street
North
Side
South
Side Rear
Other
bldgs.
Wetlands Lot Coverage by
Structures
Required 2.00 200 50.0 30.0 30.0 50.0 10.0
35.0
5502 s.f. (15%)
Existing 0.84+ 105+ 30.2 17.5 39+ 270+ 14+ 115+ 1675+ s.f. (4.6%)
Proposed 0.84+ 105+ 29.2 17.5 10.1 280+ NA 125+ 2108 s.f. (5.7%)
Please review the Planning Commission memo and exhibits for additional detail.
Neighbor Comments
At the August Planning Commission meeting the two adjoining neighbors expressed concerns
regarding the impact of the second story addition on the character of the existing neighborhood.
Please review the PC minutes attached (Exhibit C), as well as the comment letters from the
applicant and from the neighboring property owners at 40 Smith Avenue (Exhibit E).
#15-3772
September 10, 2015
Page 2 of 2
Planning Commission Recommendation
The Planning Commission voted 5 to 1 to approve the hardcover variance subject to providing
additional vegetative screening to the adjacent properties.
Submittals by Applicant’s Architect
On behalf of the applicant, Rick Storlien of RDS Architects has submitted two letters with exhibits.
The first is in response to the concerns expressed by the neighboring property owners regarding
impacts to the neighborhood character. The second is a request that the PC recommended condition
for additional vegetative screening not be required. Please review the information in Exhibit B.
Planning Staff Recommendation
Planning staff recommends approval of the setback variances. It is noted that the left side setback is
not decreasing, the front setback is only minimally changing due to shifting of the entryway, and the
right side setback to the new attached garage, while moving forward from the existing detached
garage, is setback from the adjoining residence approximately the same distance as the existing
detached garage due to the angling of the homes relative to the side lot lines.
With regard to the screening issue, staff would note that the existing vegetative screening along the
left side exists almost entirely within the neighboring property at 40 Smith. Requiring the applicant to
provide additional screening to visually buffer a second story that is no closer than the existing first
story is not a common request, however, and staff would ask the Council to consider whether there are
really any negative visual impacts to that adjoining neighbor,
On the east boundary, a row of existing bushes provides screening to the adjoining neighbor at 80
Smith from the proposed attached garage location. These bushes appear to be on applicant’s property.
To the extent that these bushes can be saved during construction, staff questions the need for
additional screening; if the bushes are destroyed during construction, then equivalent screening should
be replaced.
Staff has drafted an approval resolution that requires replacement of any existing vegetative screening
that is damaged or destroyed during construction. This condition can easily be modified at the
discretion of Council.
COUNCIL ACTION REQUESTED
Council should consider adopting or amending the attached resolution for approval.
REQUEST FOR COUNCIL ACTION
DATE: 14 September 2015
ITEM NO: 12
_____________________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name Jeremy Barnhart RJO Planning Department Report
Title Community Development Director
_____________________________________________________________________________________
Item Description: #15-3775, City of Orono, Text Amendment Regarding Temporary Signs
Public Hearing
_____________________________________________________________________________________
List of Exhibits
Draft Ordinance
Planning Commission Packet dated August 17, 2015
Purpose. The ordinance amends the sign ordinance in several ways by achieving the following goals:
1. Allow temporary signs that meet certain parameters in the Right of Way (City jurisdiction only)
and City property following a permit.
2. Allow temporary signs in commercial zones for a specific period of time, and allow additional
signage for commercially zoned properties that provide signage for charitable organizations.
3. Amend the ordinance to reflect recent Supreme Court rulings on free speech.
4. Give the City authority to display any sign within its own Right of Way or property.
Background.
The ordinance regulating temporary signs does not meet the needs of charitable organizations or for
community events. The existing ordinance does allow a conditional use permit once every two years,
although a conditional use permit runs with the land. As Staff and the City Attorney dug into the
ordinance, it became evident that many of the signs are regulated based on their content, a direct
violation of state Statute, which allows regulation based only on “time, place, manner”.
In response, the Conditional Use permit requirement was removed, now requiring only a staff issued
permit, provided the sign meets four criteria. Signs in commercially zoned areas have the same number
of signage opportunities as before, though they get an additional sign if they allow their property to be
used for charitable, community event signage.
Staff shall issue a permit for temporary signage on public property that meets certain criteria, and signs
in residential zones are subject to certain sign limitations, regardless of message.
It should be noted that the City must issue a permit for signs in the Right-of-way and on City property,
regardless of the message.
It also should be noted that the City may not issue permits for county or state right of ways, including
County Roads 15 and 19, 51, US Highway 12.
COUNCIL ACTION REQUESTED:
Staff recommends adoption of the ordinance as presented.
Page 1 of 3
ORDINANCE NO. ___, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE ORONO MUNICIPAL CODE
BY AMENDING SECTION 78-1466 and 78-1467 REGARDING SIGNS
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Chapter Section 788-1 of the City of Orono Municipal Code is hereby
amended by adding and deleting text as follows:
Sec. 78-1466. - Signs as accessory use.
Signs are a permitted accessory use in all districts subject to the following regulations:
(1) On right-of-way. Private signs are prohibited within the public right -of-way or easements, except
that the council city may shall grant a conditional use permit to locate signs and decorations on
or within the right-of-way under their jurisdiction provided the following standards are met:for a
specified time not to exceed 90 days. No conditional use permit for such a sign shall be issued
by the council if a conditional use permit or temporary sign permit had been issued in the previous
24 months to that property.
a. Signs may be up to 6 square feet and 5 feet in height,
b. Signs may not be illuminated,
c Signs may be displayed for a period up to 10 days,
d. Signs shall be for charitable (as defined by Internal Revenue Code section 501 (c)(3) ) or
for city, community, nonprofit organizations.
(8) Temporary signs.
a. A temporary sign may be displayed on commercially zoned property up to 4 times per
calendar year, for a period not to exceed 10 days per time. There shall be no more than four
temporary business signs issued per calendar year, and for a period of not more than ten
days per time or of the duration of the event promoted by the sign message, whichever is
less. A property providing signage for charitable organizations (as defined by Internal
Revenue Code section 501 (c)(3)), or city, community, nonprofit organizations shall be
permitted temporary signage up to 5 times per calendar year and 50 calendar days . The
sign (including banners or balloons), sign supports or portable stand shall be removed from
public view at the end of the period. Total area of the sign shall not exceed 32 square feet
per surface (64 square feet total signage allowed for two -sided portable sign) and may be
up to 8 feet in height. Advertising balloons are not subject to area restr ictions but must meet
all applicable federal and state standards.
1. A permit shall be issued to a business, on behalf of a city, community, nonprofit, or
charitable organizations as defined by Internal Revenue Code section 501 (c)(3),
provided the following standards are satisfied. Nonprofit organizations shall be
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limited to three signs per event and the signs shall not exceed 10 days of display. No
sign shall be larger than 32 sq ft, or higher than 8 feet in height.
b. Temporary signs may be displayed in residentially zoned districts, provided there There shall
be no more than one temporary sign in any required yard area, and, if separate multiple
signs are proposed on a single property, the total area of the signs may be up to shall not
exceed 32 square feet and 8 feet in height. Temporary business signs require a building
permit from the city. No such permit shall be issued by the city if a conditional use permit
under section 78-1467(1)c has been issued to a residential property. No temporary sign shall
be allowed in residential zones unless permitted as election or sale signs under this section.
Multitenant buildings shall be considered as a single property for purposes of subsection (8)
of this section; and the use of the single temporary business sign by tenants on the property
shall be the responsibility of the property owner or designated manager, who shall endorse
in writing all applications for sign permits.
c. The owner or manager of the sign and the owner of the property shall be equally responsible
for the proper location, maintenance and removal of the sign. All temporary signs shall be
located on a property so that they do not impede safety by obstructing visio n of pedestrians
or motor vehicle operators.
d. The city may, without notice, remove any temporary sign erected in violation of this section
or any other federal, state, or local law or ordinance. Any signs not claimed within 30 15 days
after removal may be destroyed by the city.
e. The City of Orono may display signs of any size within its property and R ight of way in its
jurisdiction.
(12) On public property. Private signs are prohibited within the public property, except that the city
may grant a permit to locate signs and decorations on public property under their jurisdiction
provided the following standards are met:
a. Signs may be up to 32 square feet and 8 feet in height,
b. Signs may not be illuminated,
c Signs may be displayed for a period up to 10 days,
d. Signs shall be for charitable organization (as defined by Internal Revenue Code section
501 (c)(3)) or for city, community, nonprofit organizations.
Sec.78 -1467. - Signs in R districts.
Within R districts, the followingpermanent signs shall be are permitted, provided:
(1) Size. The sign shall be no larger than 6 square feet. Nameplates.
a. One nameplate sign for each dwelling, and such sign shall not exceed two square feet in area per
surface, and no sign shall be so constructed as to have more than two surfaces.
b. One nameplate sign for each dwelling group of six or more units, and suc h sign shall not exceed six
square feet in area per surface, and no sign shall be so constructed as to have more than two
surfaces.
c. For non-residential uses within a residential district, one One nameplate sign for each permitted use or
use by conditional permit other than residential, such sign shall not exceed 12 square feet in area
per surface.
(2) Illumination. Symbols, statues, sculptures and integrated architectural features on nonresidential
buildings may be illuminated by floodlights provided the direct source of light is not visible from
the public right-of-way or adjacent residential district.
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(3) Setbacks. All non-temporary signs Any sign over one-half square foot shall be set back at least
five feet from any property line. No sign shall exceed eight feet in height above the average grade
level. Signs may be illuminated, but such lighting shall be diffused or indirect.
(4) Home occupations. One nameplate sign containing name and address but not to contain
business name or type of business, and such sign shall not exceed two square feet in area per
surface, nor contain more than two surfaces. (4) City. The City of Orono may display permanent
signs of any size within its property and Right of Way in its jurisdiction.
SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon
its passage and publication.
ADOPTED this ___th day of _____________, 2015 on a vote of __ ayes and __
nays by the City Council of Orono, Minnesota.
ATTEST:
______________________________ _____________________________
Diane Tiegs, City Clerk Lili Tod McMillan, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of ________, 2015.
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To: Chair Leskinen and Planning Commission Members
Jessica Loftus, City Administrator
From: Jeremy Barnhart, Community Development Director
Date: 17 August, 2015
Subject: #15-3775, City of Orono,
Text amendment regarding temporary signs
Public Hearing
List of Exhibits
Exhibit A. Draft ordinance
Exhibit B. Section 78-1466, signs as temporary use
Background
In careful analysis, the regulations for the display of temporary signs may not reflect the needs
of different organizations and community events throughout the city. Further, regulations
allowing signs on rights of way under the city’s jurisdiction via a conditional use permit generate
unique challenges, as a conditional use permit runs with the land.
In response to this issues and others, staff has developed an amendment. Analysis follows.
Analysis
Section 78-1466 (1) Private signs on Right of Way may be approved through a conditional use
permit, once every 24 months, for a period up to 90 days. Conditional Use Permits run with the
land, by definition, there is no expiration. Allowing signs by interim use permit establishes an end
date. Though the intent of the 24 months is to protect frequent displays, the provision for signs
once every 24 months does not provide flexibility for annual events, even if the event is a
community event. By allowing signs as interim use permit, the city can establish a sunset date.
Regulations of how to review and approve an interim use permit will need to be adopted.
Section 78-1466 (8) (a). Changes here are intended to allow charitable and non-profit
organizations an opportunity to display signs at important intersections, without punishing the
businesses at these organizations for doing so by limiting their display of signage for their own
Application Summary: The ordinance as drafted proposed changes to temporary signs on
public right of way, public property, and provides for city, non-profit, and charitable display of
signage on private and public property.
Staff Recommendation: Planning Department Staff recommends approval of the ordinance as
drafted.
FILE #15-3775
17 August 2015
Page 2 of 2
needs. The additional 10 days is intended to give modest flexibility, but not create a situations
where key intersections display temporary signage year round.
Section 78-1466 (8) (a) (1) This new section allows the city to issue a permit for a sign for non-
profits, etc. but limits those to 3 signs per event, and for 10 days. Many non-profit, charitable
organizations hold fund raisers and gatherings, but do not own land locally.
Section 78-1466 (8) (d). The city is required by this section to retain illegally placed signs for 30
days. This creates a storage and logistics issue. The proposed draft reduces that time to 15 days,
allowing an opportunity for a property owner to pick up their sign.
Section 78-1466 (12) Section 1466 (1) allows for signage on public right of way, under the city’s
jurisdiction. This proposed section would expand that to city property.
Section 78-1466 (13). This section eliminates the need for a conditional/ interim use permit for
city, community, etc. organizations. They may display signage with City Council issuance of a
permit for temporary signage.
Public Comments
The proposed ordinance will impact more than 5 acres, no public notice was sent. Staff has
received no comments for or against the proposal, based on the newspaper advertisement.
Issues for Consideration
1. Does the Planning Commission feel that changes to the temporary sign regulations are
necessary?
2. Does the proposed draft adequately reflect necessary changes?
3. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Staff seeks comments and direction to be incorporated.
REQUEST FOR COUNCIL ACTION
DATE: 14 September 2015
ITEM NO: 13
_____________________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name Jeremy Barnhart RJO Planning Department Report
Title Community Development Director
_____________________________________________________________________________________
Item Description: 15-3777, Navarre Community Initiative, Conditional Use permit to place signs on
City Right of Way.
_____________________________________________________________________________________
List of Exhibits
Planning Commission packet dated August 17, 2015
Purpose. The Navarre Community Initiative seeks a Conditional Use Permit to place temporary signs in
Navarre area parks and right-of-way. The signs are intended to identify and promote a community
event, Bike Navarre.
Background. The ordinance allows the Council to issue a Conditional Use permit for signs once every 2
years at a given location. The Council may not issue a Conditional Use Permit for signage in County or
State Rights of Way (ROW).
The Council is considering an ordinance amendment that would allow the placement of signage within
its property and ROW without the need of a Conditional Use permit, provided it meets certain criteria.
The proposed signage meets these criteria (sign, length of display, and purpose). If the Council approves
the Ordinance amendment, the request for Conditional Use Permit would be withdrawn.
The signs are 4 square feet and placed at various intersections, including Navarre Park, Shoreline and
Kelly Ave, Shoreline and Casco Pt Rd, and Shady wood and Bayview.
The Planning Commission held a public hearing on August 14, 2015. No comments have been received
in support or opposition of the request.
COUNCIL ACTION REQUESTED:
Staff and the Planning Commission recommend approval of the Conditional Use Permit, with the
following conditions:
a. Signs may be up to 6 square feet and 5 feet in height,
b. Signs may not be illuminated,
c. Signs may be displayed for a period up to 10 days,
d. Signs shall be for charitable (as defined by Internal Revenue Code section 501 (c)(3) ) or for
city, community, nonprofit organizations.
To: Chair Leskinen and Planning Commission Members
Jessica Loftus, City Administrator
From: Jeremy Barnhart, Community Development Director
Date: 17 August, 2015
Subject: #15-3776, Navarre Community Initiative,
Conditional Use Permit to install signage in Right-of Way and on public property
Public Hearing
List of Exhibits
Exhibit A Section 78-1466.
Background
The Navarre Community Initiative (NCI) is holding a “Bike Navarre” community event, intended
to promote the bike and walkability of the Navarre area. A secondary product of the event is a
reintroduction of the area businesses to the community, in the hope that the event may grow
and the businesses flourish. The NCI is not a city organization.
To promote the event, the NCI proposes to place signs within area businesses. In addition to
these signs, the NCI propose placement of signs adjacent to the public art they have in area
Right of Way (ROW) and in city parks. The ordinance allows placement of signs in the ROW
under the city’s jurisdiction with a conditional use permit (regulating section 78-1466, attached).
Right of way under the city’s jurisdiction includes Lyric, Blaine, and Navarre Avenues and other
side streets, and the city parking lot. Other signs would be placed in area parks.
The signs would be approximately 2’ by 4’ (8 square feet), painted. The signs are not proposed
to be lit. The signs will be either A-frame type signs or attached to temporary posts. An
example of a sign is at the end of this document. The signs will be removed after the event,
which is planned for September 20, 2015.
Application Summary: The Navarre Community Initiative seeks permission to place signs
promoting the Bike Navarre Community event on public property, including public parks and
around city entrance signs
Staff Recommendation: Planning Department Staff recommends approval, with the following
conditions as proposed:
1. The signs may not be lit
2. The signs shall be removed by September 22, 2015
3. The signs shall be removed upon direction of the city because they are causing sight
visibility issues, or have fallen into a state of disrepair.
4. Signs shall not exceed 8 square feet.
FILE # 15-3776
17 August, 2015
Page 2 of 3
NOTE: The City is currently processing an ordinance amendment that would alter the
regulations of the temporary signs (Case #15-3775). In the event that the ordinance
amendment is approved, this Conditional Use Permit application would be withdrawn as the
proposed amendment would allow this signage, with approval by the City Council. The
processing of this Conditional Use permit is necessary; in the event the ordinance amendment is
not approved or any changes do not provide the flexibility necessary to display the community
signs, there would not be sufficient time to commence a CUP process.
Applicable Regulation: Conditional Use Permit (Section 78-916)
The Planning Commission may recommend and the Council may grant a Conditional Use
Permit (CUP). On the basis of the application and the evidence submitted, the city must find
that the proposed use at the proposed location is or will be:
1) Consistent with the community management plan; The Community Management
plan does not get into the detail of temporary signage.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; The City Code allows the placement
of signage within its ROW with a CUP
3) Adequately served by police, fire, roads, and stormwater management; The
temporary signs do not require public services
4) Provided with an adequate water supply and sewage disposal system; The
temporary signs do not require public services
5) Not expected to generate excessive demand for public services at public cost; The
temporary signs do not require public services
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; The placement of signs within the right of way
must be carefully controlled, as signs have the potential to distract, and pollute and
area.
7) Consistent with the character of the surrounding area, unless a change of character
is called for in the community management plan; For the limited time the signs will
be displayed, the signs will not alter the character of the area.
8) Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan;
This item does not apply.
9) Not expected to substantially impair the use and enjoyment of the property in the
area or have a materially adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses; For the limited
time the signs will be displayed, the signs will not alter the character of the area.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; No screening is proposed, nor
suggested.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; None expected.
In the event that the signage impairs visibility, or becomes in a state of needed
repair, the city shall remove the signage.
12) Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; None expected
FILE # 15-3776
17 August, 2015
Page 3 of 3
13) Designed to take into account the natural, scenic, and historic features of the area
and to minimize environmental impact; Not applicable
14) All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; The sign will not be lit
and
15) Not detrimental to the public health, public safety, or general welfare. In the event
that the signage impairs visibility, or becomes in a state of needed repair, the city
shall remove the signage.
A CUP may be granted subject to such conditions as the Council may prescribe. Additionally,
a CUP shall remain in effect as long as the conditions imposed by the City Council are
observed, but nothing in this section shall prevent the city from enacting or amending official
controls to change the status of conditional uses.
Analysis
Staff finds the placement of signs for less than 10 days in area parks is appropriate will not
negatively impact the surrounding area. Further, the conditions proposed are adequate to
address concerns to visibility and quality.
Public Comments
No comments have been received
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variances, if granted, will not alter the
essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Example of the signage
Page 1
PC A Section 78-1466
Existing
Sec. 78-1466. - Signs as accessory use.
Signs are a permitted accessory use in all districts subject to the following regulations:
(1) On right-of-way. Private signs are prohibited within the public right-of-way or easements, except
that the council may grant a conditional use permit to locate signs and decorations on or within
the right-of-way under their jurisdiction for a specified time not to exceed 90 days. No conditional
use permit for such a sign shall be issued by the council if a conditional use permit or temporary
sign permit had been issued in the previous 24 months to that property.
(2) Flashing. Illuminated flashing signs shall not be permitted in any district.
(3) Beams. Illuminated signs or devices giving off an intermittent, steady or rotating beam consisting
of a collection or concentration of rays of light shall not be permitted in any district.
(4) Sales signs. For purpose of selling, renting or leasing property, a sign not in excess of ten square
feet per surface may be placed within the front yard of such property to be sold or leased. Such
signs shall not be less than 15 feet from the right-of-way line unless flat against the structure. For
the purpose of selling or promoting a residential project of six or more dwelling units, one sign not
to exceed 48 square feet; a commercial area of three acres or more, or an industrial area of ten
acres or more, one sign not to exceed 96 feet of advertising surface, may be erected upon the
project site. Such sign shall not remain after 90 percent of the project is developed.
(5) Existing signs. Signs existing on September 14, 1967, which do not conform to the regulations
are a nonconforming use.
(6) Traffic interference. No sign may be erected that, by reason of position, shape or color, would
interfere in any way with the proper functioning or purpose of a traffic sign or signal.
(7) Building wall signs. Signs shall not be painted directly on the outside wall of the building. Signs
shall not be painted on a fence, rocks or similar structure or feature in any district. Paper and
similar signs shall not be permanently attached directly to a building wall by an adhesive or similar
means (temporary use of such signs is permitted per standards set forth in subsection (8) of this
section). Signs shall be considered as a structure or fastened to another structure.
(8) Temporary signs.
a. There shall be no more than four temporary business signs issue d per calendar year, and
for a period of not more than ten days per time or of the duration of the event promoted by
the sign message, whichever is less. The sign (including banners or balloons), sign supports
or portable stand shall be removed from public view at the end of the period. Total area of
the sign shall not exceed 32 square feet per surface (64 square feet total signage allowed
for two-sided portable sign). Advertising balloons are not subject to area restrictions but must
meet all applicable federal and state standards.
b. There shall be no more than one temporary sign in any required yard area, and, if separate
multiple signs are proposed, the total area of the signs shall not exceed 32 square feet.
Temporary business signs require a building permit from the city. No such permit shall be
issued by the city if a conditional use permit under section 78-1467(1)c has been issued to
a residential property. No temporary sign shall be allowed in residential zones unless
permitted as election or sale signs under this section. Multitenant buildings shall be
considered as a single property for purposes of subsection (8) of this section; and the use of
the single temporary business sign by tenants on the property shall be the responsibility of
the property owner or designated manager, who shall endorse in writing all applications for
sign permits.
c. The owner or manager of the sign and the owner of the property shall be equally responsible
for the proper location, maintenance and removal of the sign. All temporary signs shall be
located on a property so that they do not impede safety by obstructing vision of pedestrians
or motor vehicle operators.
Page 2
d. The city may, without notice, remove any temporary sign erected in violation of this section
or any other federal, state, or local law or ordinance. Any signs not claimed within 30 days
after removal may be destroyed by the city.
(9) Election signs. Election signs are permitted on private property in any district, provided such signs
are removed within ten days following the election as related to the signs. No election sign shall
be permitted in any district sooner than 46 days before the state primary for any state general
election, and no sooner than two months prior to the election for an election other th an a state
general election.
(10) Pylon sign. A sign supported by a post or posts so that the sign and supports are finished to grade
by encasing the posts in a material consistent with the sign and where the base width dimension
is a minimum of ten percent up to and including 50 percent of the greatest width of the sign.
(11) Monument signs. One monument sign, limited to two faces is allowed per frontage per property,
with a maximum of two. The areas of sign base, the supporting background structure, and the
sign copy shall be combined for determining the total square footage and the height of the
monument sign.
a. The total allowable square footage shall not exceed 100 square feet per side. The base and
supporting material shall constitute at least 25 percent of the total square footage.
b. The base width dimension is 50 percent or more of the greatest width of the sign.
c. The sign copy area shall have a minimum clearance of 20 inches above ground level.
d. The sign copy area shall be completely enclosed within the monument materials.
e. No portion of the sign or sign structure shall exceed ten feet above ground level.
f. The monument sign base shall be constructed of materials similar in appearance to those of
the principal structure and shall consist of brick, natural stone, stucco, textured cast stone,
or integrally colored concrete masonry units. The structure surrounding the face of the sign
from the base to the top of the sign must be solid, continuous, and consist of the base
materials or complementary materials that match the appearance and color of the principal
building.
g. The 200 square feet of ground area around the base of the monument sign shall be
landscaped with shrubs or perennials.
(Code 1984, § 10.61(1); Ord. No. 97 2nd series, §§ 2, 3, 8-26-1991; Ord. No. 6 3rd series, § 1, 4-
26-2004; Ord. No. 35 3rd series, §§ 1, 2, 11-13-2006; Ord. No. 70 3rd series, § 1, 4-26-2010)
REQUEST FOR COUNCIL ACTION
DATE: September 14, 2015
ITEM NO: 14
___________________________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name Adam Edwards ATE RJO Public Works Director/
Title Public Works Director/City Engineer City Engineer’s Report
____________________________________________________________________________________
Item Description: Lydiard Beach Fence
________________________________________________________________________________________________________
List of Exhibits
A- Site Survey
B- Diagram of proposed fence location & Fence Material Photos
1. Purpose. The purposed of this action item is to gain Council approval to install a new fence at
Lydiard Beach.
2. Background. Lydiard Beach was designated a priority park by the Park Commission for 2015. One of
the items of improvement identified for the park is the replacement of the bollards that demark the beach
area from the parking area. In addition, it was recommended that a barrier be created to mark the edge of
the City property and deter people for inadvertently wandering near the steep channel wall on the East
side of the park. Because the area proposed for the fence is within 75’ of the lake shore a variance is
required. Several concerns were raised by residents during the August 10th City Council meeting about
the variance. The Council directed the Park Commission to consider these concerns and make
recommendations as to the use of the area and the type of fence that should be installed. In addition the
Council directed that the Park be surveyed. The Park Commission took up the fence issue at the
September 8th Parks Commission meeting.
3. Survey. A survey of Lydiard Beach is at Exhibit A.
4. Fence Plan Features. The Park Commission addressed the following three issues/ features of the
proposed fence.
a. Fence Purpose. The fence will delineate the parking area at Lydiard Beach from the beach and the
adjacent channel.
b. Fence Material Type. (See Exhibit B) The fence will be a split rail fence. Posts will be
approximately 42inches high with 8-10 foot rails. Orono standard park gates will be installed to allow for
maintenance access to the beach area and the private and public property between the fence and channel.
c. Fence Location. (See Exhibit B) Two stretches of fence will be constructed. One fence will run
along the exposed portion of the channel approximately 5 ft. to the West of the property line and the other
will run the width of the lot at the south end of the street, between the parking lot and beach.
COUNCIL ACTION REQUESTED:
Consider a motion to approve the plan to install a split rail fence at Lydiard Beach.
LYDIARD AVENUE
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REQUEST FOR COUNCIL ACTION
DATE: July 13, 2015
ITEM NO: 15
______________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name Adam Edwards RJO Public Works Director/
Title Public Works Director/City Engineer City Engineer’s Report
______________________________________________________________________________
Item Description: Willow Drive North Reconstruction – Pay Request No. 6 Final
______________________________________________________________________________
List of Exhibits
A- Recommendation Letter from Bolton & Menk
B- Contractor’s Pay Request No. 6
1. Purpose. Gain Council authorization for Pay Request #6 of the Willow Drive reconstruction
project.
2. Background. On May 13, 2013 the City Council awarded the contract for reconstruction of
Willow Drive to C.S. McCrossan. The Project includes the installation of a new road section and
drainage improvements along the roadway.
3. Cost. The pay request for $ 19,913.77 has been reviewed by Bolton and Menk to confirm the
quantities and amount requested.
Description Amount
Original Bid Amount $808,173.10
Total Work Completed $777,031.50
Total Paid thru Pay Request 5 $757,117.73
Amount Remaining $ 19,913.77
4. Funding. The project is funded through bond proceeds.
COUNCIL ACTION REQUESTED:
Consider a motion to approve the attached Pay Request # 6 and final for the contractor C.S.
McCrossan, in the amount of $19,913.77 for the Willow Drive Reconstruction Project.
REQUEST FOR COUNCIL ACTION
DATE: September 14, 2015
ITEM NO: 16
Department Approval: Administrator Reviewed: Agenda Section:
Name Adam T. Edwards RJO Public Works Director/
Title Public Works Director City Engineer’s Report
Item Description: Lift Station #2 Backup Generator
List of Exhibits
A- Letter and Petition from Residents
B- Bolton and Menk Engineering and Design Proposal
1. Purpose. The purpose of this action item is to gain Council approval to proceed with the
design and engineering for a backup generator for Lift Station #2.
2. Background. Lift Station #2 is a critical lift station collection sewage from the area from the
Crystal Bay area, Weber Hills area and Heritage Lane. It then coveys that sewage into the Met
Council sewer main. Under the current load the lift station can backup within 20 minutes of a
loss of power. The City has had aspirations of providing a backup generator for the lift station
for some time however was unable to acquire access to land immediately adjacent to the lift
station. This summer the City was approach by the owners of the 1955 Shoreline Drive, offering
to provide space/easement for the placement of a backup generator for LS #2. In addition in July
the City received a letter and petition from area residents requesting a backup Generator for LS
#2. (Exhibit A)
3. Project Scope. Adding a permanent, natural gas driven, generator; installing electrical
distribution cabling under CSAH 15 and potentially replacing the existing control panel
3. Cost. A rough estimated cost for this project is $110,000. The engineering and design cost
from Bolton and Menk is not to exceed $21,250 (Exhibit B).
4. Funding. This project will be funded through the Sanitary Sewer Enterprise Fund.
5. Timing. Project would be designed and installed this fall.
COUNCIL ACTION REQUESTED:
Motion to approve the installation of a backup Generator with associated electrical distribution
and controls for Lift Station #2 and authorize Bolton and Menk to complete the design and
engineering of same.
REQUEST FOR COUNCIL ACTION
DATE: September 14, 2015
ITEM NO: 17
______________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name Adam Edwards ATE RJO Public Works Director/
Title Public Works Director/City Engineer City Engineer’s Report
______________________________________________________________________________
Item Description: Livingston (Tower) Park Improvement Design Request
______________________________________________________________________________
List of Exhibits
A- Design
B- Cost Estimate
1. Purpose. Gain Council direction and authorization for improvements to Livingston Park
2. Background. The Parks Commission designated Livingston Park as one of their focus parks for
2015. The park is a grass and woods lot immediately north of the Navarre water tower and water
treatment plant. Currently the park’s only amenities are three benches. The Commission would like to
improve the park and make it a gateway from the Dakota Trail to downtown Navarre. In May 2015 the
Council authorized the Park commission to engage Norlings Landscaping to develop a plan / design for
the park. At the September 8, 2015 Parks Commission Meeting, the Commission voted unanimously to
bring the project/ design to the City Council for authorization and funding.
3. Scope of Work. (See Exhibit A) The project consists of re-grading the site, installation of a
permeable paver walkway, two pergola entryways, three planting berms, pads for picnic tables
benches, bike racks and drinking fountain, landscape planting.
4. Cost. The estimated Cost for the project is $50,000. (see Exhibit B)
5. Funding. Funding would come from the Park Fund which has a balance of $688,964.
COUNCIL ACTION REQUESTED:
Authorization of the Livingstone Tower Park Improvement Plan with funding from the Park
Fund not to exceed $50,000.
Exhibit B
Livingston Park Improvements Project Cost Estimate
What Estimated Cost Who
Site Prep and Tree Removal $ 0 Public Works
Grading $3,068 Contractor
Sod $ 2,400 Contractor
Permeable Pavers $ 17,640 Contractor
Landscape Bed Prep $ 1,435 Contractor
Eight Ornamental Boulders $ 400 Contractor
Two Cedar Pergolas $ 1,600 Contractor
Pollinator Garden Bed $ 691 Contractor
Pollinator Garden Plantings Donated Volunteers
Crushed Rock Pads for Tables, Fountain and
Bike Rack Areas $ 1,292 Contractor
Six Blvd Trees (2”) $ 2,400 Contractor
Three Crab Apple Trees (2”) $ 1,506 Contractor
Three Japanese Lilac Trees (2”) $ 1,450 Contractor
Five Black Hills Spruce (6’) $ 2,865 Contractor
55 Ornamental Grasses (1 Gal) $ 1,505 Contractor
83 Perennials (1Gal) $ 2,328 Contractor
Four Cardinal Dogwood $ 224 Contractor
Three Purple Lilac $ 156 Contractor
Four Serviceberry $ 195 Contractor
Benches Donated Public Works
Picnic Tables Donated Public Works
Bike Rack Donated Public Works
Drinking Fountain $ 4,000 Public Works
Total $ 45,155
10% Contingency $ 4,516
Grand Total $ 49,671
Notes: Assumes Public Works Labor costs will not be charged to the project.
REQUEST FOR COUNCIL ACTION
DATE: September 14, 2015
ITEM NO: 18
______________________________________________________________________________
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: Appointment of 2015 Golf Course Employee
______________________________________________________________________________
1. Purpose. The purpose of this action item is to gain Council approval of one seasonal
employees for the Golf Course not already approved at previous Council meetings.
2. Compensation. The pay range is proposed to be from $8.50-$10.00 for the Clubhouse
Attendants and Maintenance Assistants and a pay range of $15.00-$18.00 for the Assistant
Superintendent and Clubhouse Manager. This represents a 0% increase over the 2013 pay rates.
Seasonal employees are excluded from PERA membership if certain conditions exist. All
seasonal employees will fall under the 6 month PERA Classification.
3. Seasonal Employee Candidates.
Name Position Wage
($/hr)
Remarks
Ap
p
r
o
v
e
d
Fe
b
r
u
a
r
y
2
3
,
2
0
1
5
Ivan Corazalla Clubhouse Manager $16.00 Returnee
Dale Skreen Maintenance Assistant $10.00 Returnee
Ed Kvam Maintenance Assistant $10.00 Returnee
Lloyde Schneider Clubhouse Assistant $10.00 Returnee
Marshall Hambro Clubhouse Assistant $10.00 Returnee
Sandra Locken-
Rauschendorfer
Clubhouse Assistant $10.00 Returnee
Paul Tolzmann Clubhouse Assistant $10.00 New
Rodney Jensen Clubhouse Assistant $10.00 Returnee
Approved
March 11
Susan Burns Clubhouse Assistant $10.00 Returnee
Approved
April 13
Brandon Walker Clubhouse Assistant /
Maintenance Assistant
$10.00 New
Approved
July 13
Kathryn Bartee Clubhouse Assistant $10.00 New
Requesting
Approval
Calvin Schmidt Maintenance Assistant $10.00 New
4. Recommendation. Approve the hire of the seasonal employee highlighted in Table 3.
COUNCIL ACTION REQUESTED:
Motion to approve hiring the seasonal employee as highlighted in the list above.
REQUEST FOR COUNCIL ACTION
DATE: September 14, 2015
ITEM NO: 19
___________________________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name Adam Edwards ATE RJO Public Works Director/
Title Public Works Director/City Engineer City Engineer’s Report
____________________________________________________________________________________
Item Description: Kelly Avenue Drainage (Carmen Outlet)
________________________________________________________________________________________________________
List of Exhibits
A- Bid Tabulation Letter
1. Purpose. The purpose of this action item is to gain council approval to award the contract for
reconstruction of the Kelly Avenue Storm Sewer Outfall Project at Carmen Road.
2. Background. Residents of Kelly Avenue reported excessive flooding in the street during larger
rainfall events and are further concerned about the impact of future development on the storm system in
the area. Last fall Bolton & Menk, Inc was contracted to conduct a drainage analysis and provide
recommendations. On May 11th, 2015 the council authorized the design engineering for the upsizing of
the Carmen Bay Outlet. This is the first of three projects aimed at improving the drainage for the Kelly
Avenue area.
3. Cost. The low bid is for $69,718.00 from Kusske Construction.
Who Proposal
Kusske Construction $69,718.00
Widmer Construction $72,705.50
G.F.Jedlicki, Inc. $73,326.00
4. Funding. The project will be funded from the Storm Water Fund.
5. Timing. Project is to be completed by the end of October 2015.
4. Recommendation. Award project to Kusske Construction.
COUNCIL ACTION REQUESTED: Motion to award construction of the culvert at Carmon Road to
Kusske Construction.
REQUEST FOR COUNCIL ACTION
DATE: September 14, 2015
ITEM NO: 20
___________________________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name Adam Edwards ATE Public Works Director/
Title Public Works Director/City Engineer City Engineer’s Report
____________________________________________________________________________________
Item Description: Well Site #4 Purchase Agreement
________________________________________________________________________________________________________
List of Exhibits
A- Purchase Agreement
B- Resolution
1. Purpose. The purpose of this action item is to obtain Council approval of the purchase agreement
with Mr. Cliff Otten for property to construct Well #4.
2. Background. On May 13, 2013, the Council authorized Bolton and Menk to perform a comprehensive
review and plan for our municipal water system. Bolton Menk provided the review and a plan in
February 2014. Part of the plan recommended the construction of Well #4 which would be the second
well for the North or Highway 12 Orono Municipal Water System. The well is needed to provide both
firm capacity (Redundancy) and increased capacity for future developments. To secure some land for the
new well in the vicinity of the existing well house and treatment facilities Staff met with Mr. Otten on
March 12, 2015, to determine his willingness of selling the land to the City and to ascertain what he
would accept for it. Mr. Otten proposed to give the land to the City and include all the land on the lot to
the north of it and a 12 foot strip along the northern edge of the property to connect to Pine Ridge Lane.
In exchange he would like the following: the City to vacate the easement that runs along the north side of
his commercial properties, connection of the home at 2251 Pine Ridge to the sanitary sewer system; and
that the offer be contingent upon the rezoning of 2251. On April 27, 2015 the Council authorized staff to
negotiate with Mr. Cliff Otten. On August 4, 2015 the Council approved the lot line rearrangement and
rezoning. On September 9, 2015 Mr. Otten Signed the Purchase Agreement.
3. Purchase Agreement. The purchase agreement is attached as Exhibit A. The following are the
contingencies that the agreement is based upon.
a. The right of way abutting the north property line of the Seller Commercial Property is vacated at
or prior to Closing;
b. Seller is granted a sanitary sewer connection by the City of Orono to the City sanitary sewer
system for the Remainder Property, and the City waives the City sanitary sewer connection fee and is
responsible for payment of the sewer availability charge (SAC). Seller shall be responsible for all other
costs and fees associated with the sanitary sewer connection;
c. Seller is granted a connection by the City of Orono to the City water system for the Remainder
Property, and the City waives the City water connection fee and waives or is responsible for paymen t of
the water availability charge (WAC). Seller shall be responsible for all other costs and fees associated
with the water connection;
d. The Seller Property is rezoned from RR-IB, One-Family Residential District to R-1A, One-
Family Residential District at or prior to Closing;
e. Purchaser providing an appurtenant easement for driveway and access purposes to serve the
Remainder Property
f. Purchaser providing a temporary appurtenant easement for a subsurface sewage treatment system
(“SSTS”) to serve the Remainder Property.
g. The City of Orono granting the lot split necessary to establish the Property as single tax parcel.
7. Cost. The estimate cost for this purchase is:
Item Cost
Property Purchase Price $ 1
SAC Charge $ 2485
Sewer and Water Permit Fees $ 100
Total Less Closing $ 2586
Title, Closing and Legal fees TBD
8. Resolution. Attached a Exhibit B is a draft resolution dispensing with the statutory requirement for a
Planning board review of the purchase agreement.
COUNCIL ACTION REQUESTED:
Move to approve Purchase agreement with Mr. Cliff Otten for the acquisition of land for Well # 4 and
adopt the attached resolution.
181815v6
VACANT LAND PURCHASE AGREEMENT
THIS REAL ESTATE PURCHASE AGREEMENT (“Agreement”), dated for
reference purposes only the ____ day of September, 2015 (the “Effective Date”), between
CLIFFORD L. OTTEN, a single person (“Seller”), and the CITY OF ORONO, a Minnesota
municipal corporation (“Purchaser”).
RECITALS
A. Seller is the fee owner of certain real property located in the City of Orono,
Hennepin County, Minnesota legally described in Exhibit A attached hereto (“Seller Property”);
B. Purchaser proposes to acquire a portion of the Seller Property as legally described
in Exhibit B attached hereto (“Property”) and Seller will retain the remainder legally described
in Exhibit C (“Remainder Property”);
C. Seller also owns two commercial parcels to the south of the Seller Property,
legally described in Exhibit D (“Seller Commercial Property”);
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. PROPERTY. In consideration of the mutual promises, covenants, and agreements
hereinafter contained, Seller agrees to sell and convey to Purchaser, and Purchaser agrees to
purchase from Seller, upon the terms and conditions hereinafter set forth, Seller’s right, title and
interest in that real property located within the City of Orono, Hennepin County, Minnesota as
legally described in Exhibit A attached hereto and incorporated by reference herein, together
with all attached improvements and fixtures, easements, and other real property interests
appurtenant thereto, if any (hereinafter referred to as the “Property”).
2. PURCHASE PRICE. The purchase price for the Property shall be approximately One
Dollar and 00/100 Dollars ($1.00) (“Purchase Price”), paid by Purchaser to Seller, subject to
closing adjustments and pro-rations, by wire transfer of immediately available funds at the
Closing (as defined below) to an account designated by Seller.
3. CLOSING. Unless terminated earlier, the date for closing the sale and purchase of the
Property (the “Closing”) shall be on or before December 15, 2015. Closing shall be held at the
office of Land Title, Inc. (“Title Company”), or at such other time, date or place as the parties
may mutually agree. The Closing shall occur through an escrow with the Title Company,
whereby Seller, Purchaser and their attorneys need not be physically present at the Closing and
may deliver documents by overnight air courier or other means.
4. CONVEYANCE OF PROPERTY. Upon performance by Purchaser, Seller shall
execute and deliver a Warranty Deed conveying marketable title of record, subject to all of the
following:
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(a) Reservations of minerals or mineral rights by the State of Minnesota, if any; and
(b) Local, state and federal laws, ordinances or governmental regulations, including,
but not limited to, building and zoning laws; and
(c) Easements, rights-of-way, reservations, covenants and restrictions of record,
except those easements, rights-of-way, reservations, covenants and restrictions of
record objected to by Purchaser during the period for objections to title under
Section 6.
Items (a) through (c) above are hereinafter referred to as the “Permitted Exceptions”.
5. SURVEY. Purchaser shall have the Property surveyed as determined by Purchaser, in
Purchaser’s sole discretion and at Purchaser’s expense. If said survey (“Survey”) shows any
discrepancies or conflicts in boundary lines or encroachments that materially decrease the value
of the Property based on Purchaser’s intended use, which Seller is unable or unwilling to cure,
then Purchaser’s sole remedy shall be to terminate this Agreement by notice to Seller, otherwise
the defects shall be deemed to be waived.
6. EVIDENCE OF TITLE.
(a) Within fifteen (15) days of the date of this Agreement, Purchaser shall be
responsible for obtaining a title insurance commitment from Title Company and
reviewing title to the Property. Purchaser shall be allowed thirty (30) business days
after the receipt of the title commitment for examination of title and making any
objections, which shall be made in writing or deemed waived.
(b) Seller shall have one hundred twenty (120) days from receipt of Purchaser's written
title objections to make title marketable. Upon receipt of Purchaser's title
objections, Seller shall, within ten (10) business days, notify Purchaser of Seller's
intention to make title marketable within the 120 day period.
(c) If notice is given, payments hereunder required shall be postponed pending
correction of title, but upon correction of title and within ten (10) days after written
notice to Purchaser, the parties shall perform this Agreement according to its terms.
If no such notice is given or if notice is given but title is not corrected within the
time provided for, the Purchaser (at Purchaser's option) shall have the right to
terminate this Agreement.
(d) Liens or encumbrances for liquidated amounts which can be released by payment or
escrow form proceeds of the Closing shall not delay the Closing. Cure of the
defects by Seller shall be reasonable, diligent, and prompt. Pending correction of
title, all payments required herein and the Closing shall be postponed.
7. ACCESS TO PROPERTY. Seller acknowledges that Purchaser and Purchaser’s agents
shall have access to the Property without charge and at reasonable times for the purpose of
Purchaser’s survey, investigation and testing of the Property (“Investigation”). Purchaser shall
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181815v6
make a good faith effort to notify Seller in advance of the dates and times Purchaser plans to
require access to the Property for purposes of the Investigation (email is sufficient). Purchaser
shall pay all costs and expenses of Investigation and Purchaser shall hold harmless and
indemnify the Property and Seller, his heirs, successors and assigns, from and against any and
all claims, suits, losses, liabilities, and expenses (including attorney’s fees, expert’s fees, and
other expenses of litigation) on account of injury to or death of any persons (including
Purchaser’s) or damage to property or contamination of or adverse effects on the environment
or liens against Seller or the Property, caused by Purchaser’s entry onto the Property.
Purchaser’s obligations under this Section 7 shall survive the termination of this Agreement or
the Closing. Purchaser shall repair and restore any damage to the Property caused by or
occurring during Purchaser’s Investigation and return the Property to substantially the same
condition as existed prior to any Investigation. Purchaser shall have the right in its sole
discretion to contact various public officials and administrators to verify information regarding
the status of the Property and to determine that the Property is suitable for Purchaser’s intended
use.
8. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS
(a) Taxes Shall Be Prorated. Real estate taxes attributable to the Property due and
payable in the year of Closing shall be prorated based on land value and square
footage to the date of Closing. Real estate taxes attributable to the Property and
due and payable in years prior to the year of Closing, including but not limited to
any deferred real estate taxes under Minnesota Statutes, the so-called “Green
Acres Recapture”, catch-up or adjustment in future taxes due as a result of
Seller’s Property having been classified under any designation authorized by law
to obtain a special low ad valorem tax rate or receive either an abatement or
deferment of ad valorem taxes, shall be paid by Seller.
(b) Special Assessment. All levied assessments due and payable in the year of
Closing relating to the Property shall be pro-rated based on land value and square
footage between Purchaser and Seller as of the date of Closing. All levied
assessments payable for the years prior to Closing shall be paid by Seller and all
levied assessments due and payable after the year of Closing shall be paid by
Purchaser.
9. POSSESSION. Seller shall deliver possession of the Property to Purchaser on the date
of Closing.
10. REPRESENTATIONS OF SELLER. Seller does hereby covenant, warrant and
represent to Purchaser, to the best of his knowledge, as follows:
(a) Seller has marketable and insurable title to the Property of record, free and clear
of all liens, encumbrances, leases, claims and charges, all material easements,
rights-of-way, covenants, conditions and restrictions and any other matters
affecting the title, except for the Permitted Exceptions.
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(b) To Seller’s actual knowledge, the conveyance of the Property pursuant hereto will
not violate any applicable statute, ordinance, governmental restriction or
regulation, or any private restriction or agreement to which Seller is a party.
(c) To Seller’s actual knowledge, as of the date of Closing there will be no
outstanding or unpaid claims, actions or causes of action related to any transaction
or obligation entered into or incurred by Seller with respect to the Property prior
to the date hereof.
(d) To Seller’s actual knowledge, there are no underground storage tanks or wells on
the Property, it being understood that the representation as to wells shall be
recited in the deed to be delivered by Seller at Closing.
(e) Seller is not a foreign person as defined in §1445(f) (3) of the Internal Revenue
Code or regulations issued thereunder.
(f) To Seller’s actual knowledge, Seller has not received any written notice of any
current action, litigation, investigation, condemnation or other proceedings of any
kind pending or threatened against Seller with respect to the Property.
(g) To Seller’s knowledge: (i) no toxic materials, hazardous wastes or hazardous
substances, as such terms are defined in the Resource Conservation and Recovery
Act of 1996, as amended (42 U.S.C. §6901, et seq.) or in the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended
(42 U.S.C. §9601, et seq.), including, without limitation, any asbestos or asbestos-
related products or materials and any oils, petroleum-derived compounds or
pesticides ("Hazardous Materials") have been generated, treated, stored, released
or disposed of or otherwise placed, deposited in or located on the Property; and
(ii) the Property is free of Hazardous Materials and is not subject to any
“superfund” type liens or claims by governmental regulatory agencies or third
parties arising from the release or threatened release of hazardous substances in,
on, or about the Property.
(h) Protected historical sites. [Select either (1) or (2) below:]
(1) _____ Seller represents that Seller does not know if there are historical,
native American, or archeological materials on or in the Property that
might be protected by law.
(2) X Seller represents to the best of Seller’s knowledge that the Property
does not have any American Indian burial grounds, other human burial
grounds, ceremonial earthworks, historical materials, and/or other
archeological sites that are protected by federal or state law. Purchaser’s
obligation to close is contingent upon Purchaser determining to
Purchaser’s satisfaction that the property does not have any American
Indian burial grounds, other human burial grounds, ceremonial
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earthworks, historical materials, and/or other archeological sites that are
protected by federal or state law.
11. SELLER’S CONTINGENCIES. The obligations of Seller under this Agreement are
expressly contingent upon the following:
(a) The right of way abutting the north property line of the Seller Commercial
Property is vacated at or prior to Closing;
(b) Seller is granted a sanitary sewer connection by the City of Orono to the City
sanitary sewer system for the Remainder Property, and the City waives the City
sanitary sewer connection fee and is responsible for payment of the sewer
availability charge (SAC). Seller shall be responsible for all other costs and fees
associated with the sanitary sewer connection;
(c) Seller is granted a connection by the City of Orono to the City water system for
the Remainder Property, and the City waives the City water connection fee and
waives or is responsible for payment of the water availability charge (WAC).
Seller shall be responsible for all other costs and fees associated with the water
connection;
(d) The Seller Property is rezoned from RR-IB, One-Family Residential District to R-
1A, One-Family Residential District at or prior to Closing;
(e) Purchaser providing an appurtenant easement for driveway and access purposes to
serve the Remainder Property in the form attached as Exhibit E (“Access
Easement”);
(f) Purchaser providing a temporary appurtenant easement for a subsurface sewage
treatment system (“SSTS”) to serve the Remainder Property in the form attached
as Exhibit F (“Temporary SSTS Easement”).
(g) The City of Orono granting the lot split necessary to establish the Property as
single tax parcel.
If the contingencies set forth herein have not been satisfied or waived by Seller by the date of
Closing, as otherwise extended, this Agreement shall be null and void and neither party shall
have any further obligations hereunder, except for Purchaser’s indemnity obligations pursuant to
Section 7. The contingencies set forth in this section are for the sole and exclusive benefit of
Seller and Seller shall have the right to waive the contingencies by giving notice to Purchaser,
provided Seller abides by the time requirements set forth above.
12. PURCHASER’S CONTINGENCIES. The obligations of Purchaser under this
Agreement are expressly contingent upon the following:
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(a) The representations of Seller contained in this Agreement must be true now and
as of the date of Closing, as if made on the date of Closing and Seller shall have
delivered to Purchaser on the date of Closing a certificate, signed by Seller,
certifying that such representations are true as of the date of Closing (the “Bring-
down Certificate”), except to the extent that the representations are no longer
true and acceptable to Purchaser.
(b) Title shall be held by Seller on the date of Closing and shall be free and clear of
all encumbrances except the Permitted Encumbrances.
(c) Purchaser shall be satisfied, in its reasonable discretion, with the results of any
Investigation conducted by Purchaser or Seller on the Property.
(d) Purchaser is satisfied, in its reasonable discretion, with the results of the Survey;
(e) Seller shall perform all of the obligations required to be performed under this
Agreement, as and when required by this Agreement, except as waived by
Purchaser.
(f) No suit, zoning change, governmental investigation or other proceeding
challenging the transactions contemplated hereby, shall have been threatened or
instituted.
(g) Purchaser having granted the lot split approval described in Section 11(e) above.
If the contingencies set forth herein have not been satisfied or waived by Purchaser by the date of
Closing, as otherwise extended, Agreement shall be null and void and neither party shall have
any further obligations hereunder, except for Purchaser’s indemnity obligations pursuant to
Section 7. The contingencies set forth in this section are for the sole and exclusive benefit of
Purchaser, and Purchaser shall have the right to waive the contingencies by giving notice to
Seller, provided Purchaser abides by the time requirements set forth above.
13. SELLER’S OBLIGATIONS AT CLOSING. On or prior to the date of Closing, Seller
shall:
(a) Execute, acknowledge and deliver to Purchaser the Deed to the Property
conveying to Purchaser marketable fee simple title to the Property subject only to
the Permitted Encumbrances.
(b) Execute and deliver to Purchaser such other documents as may be required by this
Agreement or as may be reasonably required by Title Company, including well
disclosures and sewage treatment system disclosures.
(c) Execute and deliver to Purchaser a standard form affidavit by the Seller indicating
that on the date of Closing there are no outstanding, unsatisfied judgments, tax
liens or bankruptcies against or involving Seller or the Property; that there has
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been no skill, labor or material furnished to the Property for which payment has
not been made or for which mechanic’s liens could be filed; and that there are no
other unrecorded interests in the Property.
(d) Execute and deliver to Purchaser a “bring-down” certificate, certifying that all of
the representations made by Seller in this Agreement remain true as of the date of
Closing, subject to exceptions or events occurring subsequent to this Purchase
Agreement that are acceptable to Purchaser.
(e) Execute and deliver to Purchaser the Access Easement.
(f) Execute and deliver to Purchaser the Temporary SSTS Easement.
(g) Storage Tanks. If required, execute and deliver to Purchaser an affidavit with
respect to storage tanks pursuant to Minn. Stat. § 116.48.
(h) Well Certificate. If there is a well located on the Property, execute and deliver to
Purchaser a well disclosure certificate in form and substance true to form for
recording.
(i) Releases. Execute and deliver to Purchaser satisfactions or releases in recordable
form of any mortgages or contracts that remain unsatisfied as of the date of the
Closing.
14. PURCHASER’S OBLIGATIONS AT CLOSING. At Closing and subject to the
terms, conditions, and provisions hereof and the performance by Seller of his obligations as set
forth above, Purchaser shall:
(a) Deliver to Seller by wire transfer the balance of the Purchase Price, less any
adjustments; and
(b) Execute and deliver to Seller the Access Easement, Temporary SSTS Easement,
and such other documents as may be required by this Agreement or as may be
reasonably required by Title Company.
15. CLOSING COSTS. The following costs and expenses shall be paid as follows in
connection with the Closing:
(a) Seller shall pay:
(1) Issuance of title commitment;
(2) Seller’s attorneys’ fees;
(3) The cost of recording the satisfaction of any existing mortgage and any
other reasonable document(s) necessary to make title marketable;
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(4) The cost of recording the Access Easement;
(5) State deed tax; and
(6) One-half of the closing fee charged by Title Company for the Closing.
(b) Purchaser shall pay the following costs in connection with the Closing:
(1) The cost of the premium and endorsements issued pursuant to the
Commitment;
(2) Filing fee required to record the Deed and costs and filing fees for
documents to be recorded that are not required to be paid by Seller;
(3) Purchaser’s attorneys’ fees;
(4) One-half of the closing fee charged by Title Company for the Closing; and
(5) The cost of engineers or other consultants, if any, engaged by Purchaser
regarding the Property.
16. LIEN FOR MEDICAL ASSISTANCE. Seller warrants that the Property is not subject
to a lien for Medical Assistance or other public assistance. This warranty shall survive the
delivery of the Deed.
17. DEFAULT; REMEDIES. If Seller has performed or is ready, willing and able to
perform all obligations required by this Agreement and Purchaser shall fail or refuse to perform
this Agreement within the time and in the manner provided, then Seller’s sole remedy shall be
termination of this Agreement, in which case the parties shall have no further rights and
obligations hereunder other than those rights and/or obligations which are expressly stated to
survive expiration or termination of this Agreement.
If Purchaser has performed or is ready, willing and able to perform all obligations
required by this Agreement and Seller shall fail or refuse to perform this Agreement within the
time and in the manner provided, then Purchaser, at its option may terminate this Agreement by
giving written notice thereof to Seller, in which case the parties shall have no further rights and
obligations hereunder other than those rights and/or obligations which are expressly stated to
survive expiration or termination of this Agreement.
18. BENEFIT. This Agreement shall be binding upon and inure to the benefit of Seller and
Purchaser and their respective successors and assigns.
19. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties
with respect to the transaction hereinabove set forth and may not be amended or modified in
whole or in part except with the consent of both of the parties hereto in writing.
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20. TIME OF THE ESSENCE. Time shall be of the essence with respect to the
performance by the parties of their respective obligations hereunder.
21. MINNESOTA LAW. This contract is governed by the laws of the State of Minnesota.
22. NOTICES. Any notice which may be or is required to be given pursuant to the
provisions of this Agreement shall be given in writing and shall be effective for all purposes if
hand delivered or sent by: (a) personal delivery; or (b) by nationally recognized commercial or
United States Postal Service overnight prepaid courier service, with proof of delivery; or (c) by
certified or registered United States mail, postage prepaid, each addressed as follows (or at such
other address and person as shall be designated from time to time by any party hereto in a written
notice delivered to the other parties in the manner provided for in this section):
Seller: Clifford Otten
If by courier or personal delivery:
2350 West Wayzata Boulevard
Long Lake, Minnesota 55356
If by mail:
Box 249
Long Lake, Minnesota 55356
Copy to: Christopher J. Pierson
Sanford, Pierson, Thone & Strean, PLC
1905 East Wayzata Boulevard
Suite 220
Wayzata, Minnesota 55391
Purchaser: City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323
Attn: City Administrator
Copy to: Campbell Knutson, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Attn: Andrea McDowell Poehler
23. SIGNATURES BY COUNTERPARTS/FACSIMILE. This Agreement may be
executed in counterparts. Signatures may be transmitted via facsimile or in “PDF” format via e-
mail.
[The remainder of this page intentionally left blank. Signature pages and Exhibits follow.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first written above, in multiple counterparts, each of which shall be deemed an original and
all
PURCHASER:
CITY OF ORONO
BY: _______________________________
Lili McMillan, Mayor
AND ______________________________
Diane Tiegs, City Clerk
SELLER:
Clifford L. Otten
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EXHIBIT A
Seller Property Legal Description
Lot 2, Block 2, EAST WILLOW WOODS, according to the recorded plat thereof,
Hennepin County, Minnesota AND the South half of Pine Ridge Lane, as vacated per
City of Orono Resolution No. 2803, Document No. 2132368, Hennepin County Records.
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EXHIBIT B
Property Legal Description
The East 110.00 feet of Lot 2, Block 2, EAST WILLOW WOODS, according to the
recorded plat thereof, Hennepin County, Minn esota AND the South half of Pine Ridge
Lane, as vacated per City of Orono Resolution No. 2803, Document No. 2132368,
Hennepin County Records.
13
181815v6
EXHIBIT C
Remainder Property Legal Description
That part of Lot 2, Block 2, EAST WILLOW WOODS, according to the recorded plat
thereof, Hennepin County, Minnesota lying west of the East 110.00 feet thereof and lying
south of Pine Ridge Lane, as vacated per City of Orono Resolution No. 2803, Document
No. 2132368, Hennepin County Records.
14
181815v6
EXHIBIT D
Seller Commercial Property Legal Description
Lot 1, Block 1, EAST WILLOW WOODS, according to the recorded plat thereof,
Hennepin County, Minnesota.
And
Lot 2, Block 1, EAST WILLOW WOODS, according to the recorded plat thereof,
Hennepin County, Minnesota.
15
181815v6
EXHIBIT E
TO VACANT LAND PURCHASE AGREEMENT
SHARED DRIVEWAY EASEMENT AGREEMENT
THIS AGREEMENT (the “Agreement”) effective _______________, 2015, by and
between the CITY OF ORONO, a Minnesota municipal corporation (“City”) and CLIFFORD
L. OTTEN, a single person (“Otten”).
Recitals
A. City acquired from Otten and is now the owner of property located in the City of
Orono, Hennepin County, Minnesota legally described on Exhibit A attached hereto and
incorporated herein (the “City Parcel”), pursuant to a Vacant Land Purchase Agreement dated
_______________, 2015 .
B. Otten owns a commercial parcel to the south of the City Parcel, legally described
on Exhibit B attached hereto and incorporated herein (“Otten Parcel”), which includes a
driveway abutting the City Parcel.
C. Pursuant to the Vacant Land Purchase Agreement, the City agreed to grant Otten
an appurtenant access easement for the purpose of connecting the driveway to Pine Ridge Lane.
D. The City installed a driveway to Pine Ridge Lane along the northern boundary of
the City Parcel (“City Driveway”);
E. Otten installed a driveway to Pine Ridge Lane along the western boundary of the
Otten Parcel and the City Parcel (“Otten Driveway”) to the connection with the City Driveway.
NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants
herein contained, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged by the parties, it is hereby mutually agreed by City and Otten as
follows:
1. Grant of Easement over City Parcel. City hereby grants to Otten and his heirs,
successors and assigns, an appurtenant, perpetual, non-exclusive easement for vehicular and
pedestrian driveway and ingress and egress purposes as legally described on Exhibit C and
shown on Exhibit D (“Easement Premises”), which easement shall run with the title to the Otten
Parcel.
2. Driveway Construction. Otten may, at his own expense, reconstruct the Otten
Driveway within the Easement Premises in accordance with plans approved by the City
16
181815v6
Engineer. Otten shall provide a continuous access and a consistent grade for the Otten Driveway
at the connection with the City Driveway located within the Easement Premises.
3. Maintenance and Repair. Otten shall be responsible for all costs associated with the
construction, maintenance, improvement, repair or reconstruction of the Otten Driveway,
including snow removal, and sweeping.
4. Reasonable Use of Easement. The Easement Premises shall be used and enjoyed b y
each party and their Permittees (as hereinafter defined) in such a manner so as not to
unreasonably interfere with, obstruct or delay the conduct and operations of the other party or its
Permittees at any time conducted on the City Parcel or Otten Parcel, including, without
limitation, public access to and from the City Parcel. The term “Permittees” shall mean the
respective employees, agents, contractors, customers, invitees, occupants, tenants and licensees
of the City and Otten. Otten shall notify the City thirty (30) days prior to any construction,
maintenance or repair of the Otten driveway, except in the case of an emergency, when
reasonable notice is required. The City shall notify Otten thirty (30) days prior to any
construction, maintenance or repair of the City Driveway, except in the case of an emergency,
when reasonable notice is required.
5. Compliance with Applicable Laws. Otten shall at all times comply with all applicable
laws, ordinances, rules, regulations, and codes, federal, state, and local, whether now or hereafter
promulgated or enacted. At no time shall the installation, operation, or maintenance of the
driveway endanger or interfere with the safety of persons or property in the City.
6. Indemnification. Otten shall indemnify and hold the City harmless from and against all
liability, actions, claims, demands, costs, damages, or expense of any kind which may be brought
or made against the City relating to accidents, injuries, loss, or damage to Otten, his Permittees,
successors, or assigns on or about the Easement Premises. Such indemnity shall not apply to the
extent of any loss or claim due to or arising from the negligent or wrongful acts or omissions of
the City, its employees or agents.
7. Insurance.
A. The City is a self-insured municipality. The liability of any claim within the
scope of Minnesota Statutes, Section 466.01 to 466.15 is limited by dollar amounts for a single
claimant and for all claims arising out of a single occurrence contained in Section 466.04 as
amended from time to time.
B. Throughout the term of this Agreement, Otten shall procure and maintain
commercial public liability and property damage insurance against claims for personal injury
(including contractual liability arising under the indemnity contained in Paragraph 6 above),
death, or property damage occurring upon the Driveway Easements, with single limit coverage
of not less than an aggregate of One Million Dollars ($1,000,000) including umbrella coverage,
if any, written by one or more responsible insurance carriers licensed to do business in the state
in which the parcel is located.
17
181815v6
8. Entire Agreement. This Agreement contains the complete understanding and agreement
of the parties hereto with respect to all matters referred to herein, and all prior representations,
negotiations, and understandings are superseded hereby. This agreement may not be amended or
modified in whole or in part except with the consent of both of the parties hereto in writing.
9. No Waiver. No waiver of any default of any obligation by any party hereto shall be
implied from any omission by the other party to take any action with respect to such default.
10. Notices. All notices permitted or required to be given under this Agreement shall be in
writing and shall be deemed to have been given (a) when personally delivered, (b) one business
day after being delivered to a reliable and recognized overnight courier or messenger service
which provides receipts of delivery, with fees prepaid or charged to the sending p arty, or (c)
three business days after being deposited in the United States mail in a sealed envelope by
certified mail, postage prepaid, addressed to the respective party at the address set forth herein or
to such other address as set forth in a notice given in accordance with this Section. The notice
addresses of the initial parties are as follows:
Seller: Clifford Otten
If by courier or personal delivery:
2350 West Wayzata Boulevard
Long Lake, MN 55356
If by mail:
Box 249
Long Lake, MN 55356
Copy to: Christopher J. Pierson
Sanford, Pierson, Thone & Strean, PLC
1905 East Wayzata Boulevard
Suite 220
Wayzata, MN 55391
Purchaser: City Orono
P.O. Box 66
Crystal Bay, MN 55323
Attn: City Administrator
Copy to: Campbell Knutson, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Attn: Andrea McDowell Poehler
11. Severability. The invalidity of any portion of this Agreement shall not impair in any
manner the validity, enforceability or effect of the rest of this Agreement.
18
181815v6
12. Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Minnesota.
13. Covenants to Run with Land. It is intended that each of the easements, covenants,
conditions, restrictions, rights and obligations set forth herein shall run with the land and create
equitable servitudes in favor of the real property benefited thereby, shall bind every person
having any fee, leasehold or other interest therein and shall inure to the benefit of and be binding
upon the owners of the parcels identified herein, their permittees and their successors, assigns,
heirs and personal representatives.
14. Time is of the Essence. Time is of the essence of this Agreement.
15. Counterparts. This Easement Agreement may be executed in any number of counterparts,
each of which will be deemed to be an original, but all of which, when taken together, constitute
the same instrument.
[Remainder of Page Intentionally Left Blank]
[Signature Pages to Follow]
19
181815v6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF ORONO
By:
Lili McMillan, Mayor
And:
Diane Tiegs, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of __________
2015 by Lili McMillan and Diane Tiegs, the Mayor and City Clerk, respectively, of the City of
Orono, a Minnesota municipal corporation, on its behalf.
Notary Public
20
181815v6
OTTEN
Clifford L. Otten
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______ day of
___________, 2015 by Clifford L. Otten, a single person.
Notary Public
THIS DOCUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
21
181815v6
EXHIBIT A
Legal Description of City Parcel
The East 110.00 feet of Lot 2, Block 2, EAST WILLOW WOODS, according to the recorded
plat thereof, Hennepin County, Minnesota AND the South half of Pine Ridge Lane, as vacated
per City of Orono Resolution No. 2803, Document No. 2132368, Hennepin County Records.
22
181815v6
EXHIBIT B
Legal Description of Otten Parcel
That part of Lot 2, Block 2, EAST WILLOW WOODS, according to the recorded plat thereof,
Hennepin County, Minnesota lying west of the East 110.00 feet thereof and lying south of Pine
Ridge Lane, as vacated per City of Orono Resolution No. 2803, Document No. 2132368,
Hennepin County Records.
23
181815v6
EXHIBIT C
Legal Description of Easement Premises
DESCRIPTION OF A NON-EXCLUSIVE EASEMENT FOR INGRESS & EGRESS
PURPOSES OVER THAT PART OF VACATED PINE RIDGE ROAD, HENNEPIN
COUNTY, MINNESOTA DESCRIBED AS FOLLOWS:
Beginning at the Northwest Corner of Lot 2, Block 2, EAST WILLOW WOODS, according to
the recorded plat thereof, Hennepin County, Minnesota; thence North 35 degrees 55 minutes 06
seconds East a distance of 25.00 feet along the West line of vacated Pine Ridge Road (per City
of Orono Resolution No. 2803, Document No. 2132368, Hennepin County Records) ; thence
southeasterly a distance of 21.92 feet along the North line of the South half of said vacated Pine
Ridge Road and arc of a non-tangential curve, concave to the northeast, having a radius of
177.67 feet, central angle of 7 degrees 04 minutes 03 seconds and chord bearing South 57
degrees 36 minutes 56 seconds East a distance of 21.90 feet; thence South 28 degrees 51 minutes
03 seconds West (radial measurement) a distance of 25.00 feet; thence northwesterly a distance
of 25.00 feet along the northerly line of said Lot 2 and arc of a non-tangential curve, concave to
the northeast, having a radius of 202.67 feet, central angle of 7 degrees 04 minutes 03 seconds
and chord bearing North 57 degrees 36 minutes 56 seconds West a distance of 24.98 feet to the
POINT OF BEGINNING.
24
181815v6
EXHIBIT D
25
181815v6
EXHIBIT F
TO VACANT LAND PURCHASE AGREEMENT
TEMPORARY SSTS EASEMENT AGREEMENT
THIS AGREEMENT (the “Agreement”) effective _______________, 2015, by and
between the CITY OF ORONO, a Minnesota municipal corporation (“City”) and CLIFFORD
L. OTTEN, a single person (“the Otten”).
Recitals
A. City acquired from Otten and is now the owner of property located in the City of
Orono, Hennepin County, Minnesota legally described on Exhibit A attached hereto and
incorporated herein (the “City Parcel”), pursuant to a Vacant Land Purchase Agreement dated
_______________, 2015 (“Purchase Agreement”).
B. The City Parcel is a portion of a larger parcel previously owned by Otten and
Otten continues to own the remainder parcel legally described on Exhibit B attached hereto and
incorporated herein (“Otten Parcel”).
C. Otten owns a subsurface sewage treatment system (“SSTS”) that serves the
residence located on the Otten Parcel.
D. The SSTS is located on a portion of the City Parcel.
E. The City has agreed to grant a temporary easement for the SSTS within the City
Parcel until such time as the Otten Property is connected to the City sanitary sewer system.
NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants
herein contained, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged by the parties, it is hereby mutually agreed by City and Otten as
follows:
1. Grant of Temporary Easement over City Parcel. City hereby grants to Otten and his
respective, successors and assigns, a temporary appurtenant, non-exclusive easement over under,
and across the City Property for a subsurface sewage treatment system as legally described on
Exhibit C and shown on Exhibit D (“Easement Premises”), which easement shall run with the
title to the Otten Parcel. This temporary easement shall terminate upon the earlier of the Otten
Property connecting to the City sanitary sewer system or two years from the date of the Purchase
Agreement. Otten and his licensees, employees, agents and contractors are hereby granted full
access to the Easement Premises for montoring, operation, maintenance, inspection, repair,
improvement and removal of the SSTS.
26
181815v6
2. Conditions to Use of Easement. The easement granted is subject to the following
conditions:
A. Otten shall be responsible for all costs associated with the construction,
maintenance, inspection, improvement, repair or reconstruction of the SSTS.
B. Prior to entering the Easement Premises to perform work pursuant to this
Easement Agreement, Otten and any of his contractors, inspectors, and agents shall obtain
permission from the City (which permission shall not be unreasonably withheld) and shall
provide to the City proof of proper licensing to perform work pursuant to this Easement
Agreement and proof of general commercial liability insurance. Said insurance shall provide
minimum coverage limits of $1,000,000 per occurrence and $2,000,000 aggregate. Otten may,
however, open and disturb the Easement Premises without permission from the City where an
emergency exists requiring the immediate repair of SSTS. In such event Otten shall notify the
City by telephone to the office designated by the City before opening or disturbing the Easement
Premises. On the next working day thereafter, Otten shall obtain any required permits and
provide any evidence of licensing and insurance required under this Easement Agreement.
C. Upon completion of any work requiring the opening of the Easement Premises,
Otten shall, in all cases, place the Easement Premises in, on, under or across which the same are
located in as good condition as they were prior to said operation. Otten shall also maintain the
same in good condition for two (2) years thereafter. The work shall be completed as promptly as
weather permits, and if Otten shall not promptly perform and complete the work, remove all dirt,
rubbish, equipment and material, and put the Easement Premises in the said condition, the City
shall have, after demand to Otten to cure and the passage of a reasonable period of time
following the demand, but not to exceed five (5) days, the right to make the restoration at the
expense of Otten. Otten shall pay to the City the cost of such work done for or performed by the
City, including its administrative expense and overhead, plus ten percent (10%) additional as
liquidated damages. This remedy shall be in addition to any other remedy available to the City.
3. Compliance with Applicable Laws. Otten, his contractors, inspectors, and agents shall at
all times comply with all applicable laws, ordinances, rules, regulations, and codes, federal, state,
and local, whether now or hereafter promulgated or enacted. At no time shall the installation,
operation, or maintenance of the SSTS endanger or interfere with the safety of persons or property
in the City.
4. Indemnification. Otten shall indemnify, keep and hold the City, its elected officials,
officers, employees, and agents free and harmless from any and all liability on account of injury
or death of persons or damage to or depreciation in value of property occasioned by the
construction, maintenance, repair, inspection, the issuance of permits, associated with Otten’s
operation of an SSTS within the Easement Premises.
5. Insurance. Throughout the term of this Agreement, Otten shall procure and maintain
commercial general liability and property damage insurance against claims for personal injury
(including contractual liability arising under the indemnity contained in Paragraph 4 above),
27
181815v6
death, or property damage occurring upon the Easement Premises, with single limit coverage of
not less than an aggregate of One Million Dollars ($1,000,000) including umbrella coverage, if
any, written by one or more responsible insurance carriers licensed to do business in the state in
which the parcel is located.
6. No Waiver. No waiver of any default of any obligation by any party hereto shall be
implied from any omission by the other party to take any action with respect to such default.
7. Notices. All notices permitted or required to be given under this Agreement shall be in
writing and shall be deemed to have been given (a) when personally delivered, (b) one business
day after being delivered to a reliable and recognized overnight courier or messenger service
which provides receipts of delivery, with fees prepaid or charged to the sending party, or (c)
three business days after being deposited in the United States mail in a sealed envelope by
certified mail, postage prepaid, addressed to the respective party at the address set forth herein or
to such other address as set forth in a notice given in accordance with this Section. The notice
addresses of the initial parties are as follows:
Seller: Clifford Otten
If by courier or personal delivery:
2350 West Wayzata Boulevard
Long Lake, MN 55356
If by mail:
Box 249
Long Lake, MN 55356
Copy to: Christopher J. Pierson
Sanford, Pierson, Thone & Strean, PLC
1905 East Wayzata Boulevard
Suite 220
Wayzata, MN 55391
Purchaser: City Orono
P.O. Box 66
Crystal Bay, MN 55323
Attn: City Administrator
Copy to: Campbell Knutson, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Attn: Andrea McDowell Poehler
8. Severability. The invalidity of any portion of this Agreement shall not impair in any
manner the validity, enforceability or effect of the rest of this Agreement.
28
181815v6
9. Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Minnesota.
10. Covenants to Run with Land. It is intended that each of the easements, covenants,
conditions, restrictions, rights and obligations set forth herein shall run with the land and create
equitable servitudes in favor of the real property benefited thereby, shall bind every person
having any fee, leasehold or other interest therein and shall inure to the benefit of and be binding
upon the owners of the parcels identified herein, their permittees and their successors, assigns,
heirs and personal representatives.
11. Time is of the Essence. Time is of the essence of this Agreement.
12. Counterparts. This Easement Agreement may be executed in any number of counterparts,
each of which will be deemed to be an original, but all of which, when taken together, constitute
the same instrument.
[Remainder of Page Intentionally Left Blank]
[Signature Pages to Follow]
29
181815v6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF ORONO
By:
Lili McMillan, Mayor
And:
Diane Tiegs, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of __________
2015 by Lili McMillan and Diane Tiegs, the Mayor and City Clerk, respectively, of the City of
Orono, a Minnesota municipal corporation, on its behalf.
Notary Public
30
181815v6
OTTEN
Clifford L. Otten
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______ day of
___________, 2015 by Clifford L. Otten, a single person.
Notary Public
THIS DOCUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
31
181815v6
EXHIBIT A
Legal Description of City Parcel
The East 110.00 feet of Lot 2, Block 2, EAST WILLOW WOODS, according to the recorded
plat thereof, Hennepin County, Minnesota AND the South half of Pine Ridge Lane, as vacated
per City of Orono Resolution No. 2803, Document No. 2132368, Hennepin County Records.
32
181815v6
EXHIBIT B
Legal Description of Otten Parcel
That part of Lot 2, Block 2, EAST WILLOW WOODS, according to the recorded plat thereof,
Hennepin County, Minnesota lying west of the East 110.00 feet thereof and lying south of Pine
Ridge Lane, as vacated per City of Orono Resolution No. 2803, Document No. 2132368,
Hennepin County Records.
33
181815v6
EXHIBIT C
Legal Description of Easement Premises
A temporary easement for maintenance and operation of sanitary sewer over, under and across
that part of Lot 2, Block 2, EAST WILLOW WOODS, according to the recorded plat thereof,
Hennepin County, Minnesota described as follows:
The North 174.00 feet of the East 110.00 feet of said Lot 2, EXCEPT the North 160.00
feet and the East 90.00 feet thereof.
34
181815v6
EXHIBIT D
Attach Depiction of Easement Premises
182097v1
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 15-_____
A RESOLUTION DISPENSING WITH STATUTORY
REQUIREMENTS FOR REVIEW BY PLANNING
COMMISSION OF ACQUISITION OF PROPERTY AND
APPROVING PURCHASE AGREEMENT
WHEREAS, the City of Orono is proposing to acquire for a municipal well certain real
property located in the City of Orono, Hennepin County, Minnesota, (“Property”), legally described
in and pursuant to the terms of the proposed purchase agreement between Clifford L. Otten & Louise
W. Otten and the City (“Purchase Agreement”), attached hereto and incorporated herein as Exhibit
“A”; and
WHEREAS, Minn. Stat. §462.356, subd. 2 requires that the Planning Commission review
the City's proposed acquisition of real property for compliance with the comprehensive plan and to
report to the City Council in writing its findings; and
WHEREAS, Minn. Stat. § 462.356, subd. 2 provides for an exception from the requirement
for review by the Planning Commission upon 2/3 vote of the City Council dispensing with the
requirement and finding that the acquisition or disposal of the real property has no relationship to the
comprehensive municipal plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono:
1. City Council finds that the acquisition of the Property under the Purchase Agreement
has no relationship to the comprehensive plan.
2. Review by the Planning Commission of the acquisition of the Property is hereby
dispensed with, the proposed transaction is hereby approved and the Mayor and City Clerk are
authorized and directed to execute all documents, and take all appropriate measures to acquire the
Property under the terms of the Purchase Agreement.
ADOPTED, this _____ day of ____________, 2015, by the City Council of the City of
Orono, Minnesota.
CITY OF ORONO
By
Lili Tod McMillan, Mayor
ATTEST:
Diane Tiegs, City Clerk
182097v1
EXHIBIT “A”
Purchase Agreement
REQUEST FOR COUNCIL ACTION
DATE: September 14, 2015
ITEM NO: 21
Department Approval: Administrator Reviewed: Agenda Section:
Name Ron Olson RJO
Title Finance Director City Administrator’s Report
Item Description: Orono Police Garage - Pay Request #12
Attachments:
Kraus Anderson, the Construction Manager for the garage project, has submitted pay request
number ten on behalf of the contractors working on the project. The pay request is for
$66,980.45. Including this pay request, a total of $2,696,965.60 (97%) of the $2,783,857.00
contract has been paid.
The contractors and amounts are as follows:
Description Amount
Acoustics Associates, Inc $ 435.00
Environ Glass $ 37,415.50
Kelleher Construction, Inc $ 21,622.10
Kellington Construction, Inc $ 6,011.60
LSI Corporation $ 1,496.25
Total $ 66,980.45
COUNCIL ACTION REQUESTED:
Motion to approve the payments to the contractors working on the Orono Police Garage Project
as listed in an amount totaling $66,980.45.
ORONO POLICE DEPARTMENT
REQUEST FOR COUNCIL ACTION
Item No: 22
Date: September 14, 2015
______________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name: Correy Farniok. RJO City Administrators
Report
Title: Police Chief
__________________________________________________________________
Item Description: Adopt the Lake Minnetonka Emergency Operations Plan
______________________________________________________________________________
Exhibits: Available on CD
DISCUSSION
Over the past eight months the Lake Minnetonka Emergency Management Group has been
working on updating our emergency operations plan. We have completed the final revisions and
it has been distributed to all of the jurisdictions involved in our emergency management group.
You will find a copy of the emergency management plan in digital format.
Attached to this memo is a resolution asking for your acceptance of the Lake Minnetonka
Emergency Management Operations Plan. We would ask the City Council to approve the
resolution accepting the changes to the plan and authorizing the Mayor and Administrator to sign
the resolution accepting the changes.
COUNCIL ACTION REQUESTED
Motion to adopt a resolution to approve the Lake Minnetonka Emergency Operations Plan.
RESOLUTION ADOPTING THE UPDATED LAKE
MINNETONKA EMERGENCY OPERATIONS PLAN (LMEO)
WHEREAS, the City of Orono is a member of the Lake Minnetonka Emergency
Management Group; and
WHEREAS, the City of Orono holds a common ordinance describing the responsibilities of
the Lake Minnetonka Emergency Management Group with the other jurisdictions; and
WHEREAS, the Emergency Managers for each jurisdiction, who are appointed by their
elected boards, are responsible for the Lake Minnetonka Emergency Operations Plan; and
WHEREAS, the Lake Minnetonka Emergency Operations Plan must be updated and
reviewed to ensure compliance with the latest laws and requirements; and
WHEREAS, the Lake Minnetonka Emergency Operations Plan has been updated and
approved by the Lake Minnetonka Emergency Managers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono
approves the updates to the Lake Minnetonka Emergency Operations Plan as of September 14,
2015.
Dated: September 14, 2015.
______________________________,
Mayor Lili McMillan
ATTEST:
_______________________________,
Diane Tiegs – City Clerk
REQUEST FOR COUNCIL ACTION
Date: Sept 14, 2015
Item No.
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 103595 to
103708, totaling $349,238.34.
Noteworthy payments include:
Belson Outdoors $ 1,682.00
Payment for a picnic table in Navarre Park.
This purchase was funded by a donation.
CS McCrossan $ 19,913.77
This is the final payment for the Willow
Road project that was started in 2012. The
entire project was $31,141.60 under budget.
Municipal Code Corporation $ 1,874.00 Payment to update the online code to reflect
recent code amendments.
COUNCIL ACTION REQUESTED
Motion to approve payment of the claims list as presented.
23
City of Orono Check Register - COUNCIL REPORT Page: 1
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
ACE CASH EXPRESS 09/14/2015 103595 2015-0825-0 101-42110-311 document reproduction Police Department 7.70
ACE CASH EXPRESS 09/14/2015 103595 2015-0827-0 101-42110-311 document reproduction Police Department 6.80
Total 103595:14.50
ACOUSTICS ASSOCIATES INC 09/14/2015 103596 2 437-48970-520 Police garage project RFP #12 435.00
Total 103596:435.00
ADAM EDWARDS 09/14/2015 103597 82015 101-43000-331 mileage reimb 7/9/15 to 8/20/15 Public Works Department 52.38
Total 103597:52.38
ADVANCED IMAGING SOLUTIO 09/14/2015 103598 286574926 101-41900-413 copier lease 8/20 to 9/20 Central Services 1,284.00
Total 103598:1,284.00
Alness, Ryan 09/14/2015 103599 90115 101-22205 Escrow refund 2014-01100 2,500.00
Total 103599:2,500.00
ARC 09/14/2015 103600 15002279 101-41900-352 oversized copies Central Services 168.78
ARC 09/14/2015 103600 15002509 101-41900-352 oversized copies Central Services 139.83
ARC 09/14/2015 103600 15002726 101-41900-352 oversized copies Central Services 52.98
Total 103600:361.59
ASCO SERVICES INC 09/14/2015 103601 1010589 602-49450-406 LS 18 transfer switch for generator Sewer 1,617.12
Total 103601:1,617.12
BATTERIES PLUS 09/14/2015 103602 21-330640 601-49400-227 batteries Water 17.99
Total 103602:17.99
BAYSIDE FLORAL 09/14/2015 103603 27473/1 101-41300-489 flowers Tiegs Administration 72.00
Total 103603:72.00
BELSON OUTDOORS INC 09/14/2015 103604 130782 101-45200-225 Crystal Bay Park picnic table-donation Parks 1,682.00
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103604:1,682.00
BIFFS INC 09/14/2015 103605 W571236 101-45200-415 Bederwood park Parks 160.00
BIFFS INC 09/14/2015 103605 W571237 101-45200-415 Summit beach Parks 160.00
BIFFS INC 09/14/2015 103605 W571238 101-45200-415 Hackberry Beach Parks 125.00
BIFFS INC 09/14/2015 103605 W571239 101-45210-415 Golf Course Golf Course 62.79
BIFFS INC 09/14/2015 103605 W571240 101-45200-415 Crystal Bay Playground Parks 62.50
BIFFS INC 09/14/2015 103605 W571241 101-45200-415 Navarre Playground Parks 160.00
BIFFS INC 09/14/2015 103605 W571242 101-45200-415 French Creek Park Preserve Parks 62.50
Total 103605:792.79
BLUE CROSS BLUE SHIELD OF 09/14/2015 103606 82615 101-21706 Health insurance 17,628.02
BLUE CROSS BLUE SHIELD OF 09/14/2015 103606 82615 101-15998 Cobra 5,966.70
BLUE CROSS BLUE SHIELD OF 09/14/2015 103606 91115 101-21706 Health insurance 15,415.10
BLUE CROSS BLUE SHIELD OF 09/14/2015 103606 91115 101-42110-135 Disability continuation Police Department 532.74
Total 103606:39,542.56
CARDMEMBER SERVICE 09/14/2015 103607 AE83115 101-43000-433 APWA membership A. Edwards Public Works Department 223.75
CARDMEMBER SERVICE 09/14/2015 103607 CF81415 101-42110-201 permit to purchase cards-Mn Chiefs Police Department 109.90
CARDMEMBER SERVICE 09/14/2015 103607 CF81915 101-42110-221 parts for #235-Advanced Auto Parts Police Department 59.81
CARDMEMBER SERVICE 09/14/2015 103607 CF82715 101-42110-439 Lake Area Emergency Mgmt meeting lunch-El Paria Police Department 12.98
CARDMEMBER SERVICE 09/14/2015 103607 JL82415 101-41110-439 food for work session Jimmy John's Mayor & Council 72.68
CARDMEMBER SERVICE 09/14/2015 103607 RO90215 101-43000-489 food for picnic Chipotle Public Works Department 514.92
CARDMEMBER SERVICE 09/14/2015 103607 RO90215B 101-41300-489 water for picnic SA Administration 14.97
CARDMEMBER SERVICE 09/14/2015 103607 SO80515 601-49400-223 filters for water plant dehumidifiers Water 99.95
CARDMEMBER SERVICE 09/14/2015 103607 SO90915 101-41900-404 gutter/downspouts for Post Office-ABC Supply Central Services 17.45
Total 103607:1,126.41
CENTERPOINT ENERGY MAIN 09/14/2015 103608 82815 601-49400-381 7/24 to 8/21 Water 72.43
CENTERPOINT ENERGY MAIN 09/14/2015 103608 82815 602-49450-381 7/24 to 8/21 Sewer 50.27
CENTERPOINT ENERGY MAIN 09/14/2015 103608 82815 101-41900-381 7/24 to 8/21 Central Services 29.11
CENTERPOINT ENERGY MAIN 09/14/2015 103608 82815 101-42110-381 7/24 to 8/21 Police Department 12.48
CENTERPOINT ENERGY MAIN 09/14/2015 103608 82815 101-45210-381 7/24 to 8/21 Golf Course 8.23
Total 103608:172.52
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
CENTURY LINK 09/14/2015 103609 81915 101-45210-321 Golf Course dsl/phone Golf Course 194.10
Total 103609:194.10
CHUNKS LAKESHORE AUTO 09/14/2015 103610 13092 101-42110-402 #229 repairs Police Department 286.67
CHUNKS LAKESHORE AUTO 09/14/2015 103610 13096 101-42110-402 #237 brakes, rotors Police Department 694.24
CHUNKS LAKESHORE AUTO 09/14/2015 103610 13102 101-42110-402 #227 oil change, tires, brakes, tension arm Police Department 1,097.00
Total 103610:2,077.91
CITYVIEW PLUMBING & HEATIN 09/14/2015 103611 43407 601-49400-405 water plant RPZ repair Water 1,141.00
Total 103611:1,141.00
CNA LTC 09/14/2015 103612 1581772 101-21715 Long term care 9/15 68.70
Total 103612:68.70
COLONIAL SUPPLEMENTAL IN 09/14/2015 103613 3128642-090 101-21714 STD 9/15 644.05
Total 103613:644.05
COMMERCIAL ASPHALT 09/14/2015 103614 150815 101-43000-224 street materials Public Works Department 557.69
Total 103614:557.69
COUNTRY CAKE CUPBOARD 09/14/2015 103615 90215 101-41300-489 cookies for picnic Administration 104.00
Total 103615:104.00
CS MCCROSSAN 09/14/2015 103616 82415 402-48053-590 Willow Dr Pay request 6-Final Willow Drive Project 500.49
CS MCCROSSAN 09/14/2015 103616 82415 402-20600 Willow Dr Pay request 6-Final 19,413.28
Total 103616:19,913.77
DAY DISTRIBUTING CO 09/14/2015 103617 816133 101-45210-091 beer Golf Course 228.00
Total 103617:228.00
DELTA DENTAL 09/14/2015 103618 6137587 101-21709 003722072 Sept Dental 1,721.08
City of Orono Check Register - COUNCIL REPORT Page: 4
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
DELTA DENTAL 09/14/2015 103618 6137587 101-15998 003722072 Sept Cobra 516.30
Total 103618:2,237.38
DPC INDUSTRIES 09/14/2015 103619 827001323-1 601-49400-216 chemicals Water 927.47
DPC INDUSTRIES 09/14/2015 103619 827001361-1 601-49400-216 chemicals Water 401.50
Total 103619:1,328.97
ECM PUBLISHERS INC 09/14/2015 103620 245163 101-41900-352 legal ads Central Services 232.44
ECM PUBLISHERS INC 09/14/2015 103620 249440 101-41900-352 legal ads Central Services 160.92
ECM PUBLISHERS INC 09/14/2015 103620 249441 101-41900-352 legal ads Central Services 65.56
ECM PUBLISHERS INC 09/14/2015 103620 249442 101-41900-352 legal ads Central Services 238.40
ECM PUBLISHERS INC 09/14/2015 103620 249443 101-41900-352 legal ads Central Services 83.44
ECM PUBLISHERS INC 09/14/2015 103620 251842 101-41900-352 legal ads Central Services 208.60
Total 103620:989.36
EHLERS AND ASSOCIATES INC 09/14/2015 103621 68240 235-45690-319 TIF reporting 1,207.50
Total 103621:1,207.50
ENVIRONMENTAL PRODUCTS 09/14/2015 103622 218339 602-49450-240 supplies Sewer 394.17
Total 103622:394.17
ENVISION GLASS INC 09/14/2015 103623 140015-0000 437-48970-520 Police Garage RFP #12 37,415.50
Total 103623:37,415.50
ERLANDSON, JIM 09/14/2015 103624 83115 101-45210-404 fountain repair Golf Course 355.13
Total 103624:355.13
FERGUSON WATERWORKS #2 09/14/2015 103625 141746-1 601-49400-227 water meters Water 1,909.96
FERGUSON WATERWORKS #2 09/14/2015 103625 158039 601-49400-227 flange kit for resale Water 105.73
FERGUSON WATERWORKS #2 09/14/2015 103625 158048 601-49400-227 water meters Water 877.22
Total 103625:2,892.91
City of Orono Check Register - COUNCIL REPORT Page: 5
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
G & K SERVICES 09/14/2015 103626 1006273272 101-43000-221 towels Public Works Department 6.38
G & K SERVICES 09/14/2015 103626 1006273272 101-43000-226 uniform Public Works Department 23.77
G & K SERVICES 09/14/2015 103626 1006273272 601-49400-226 uniform Water 11.89
G & K SERVICES 09/14/2015 103626 1006273272 602-49450-226 uniforms Sewer 11.88
G & K SERVICES 09/14/2015 103626 1006287134 101-41900-404 council chambers mats Central Services 10.80
Total 103626:64.72
GENERAL SERVICE 09/14/2015 103627 82115 437-48970-520 irrigation system install-PD garage project (partial p 4,310.00
Total 103627:4,310.00
GENUINE PARTS COMPANY/NA 09/14/2015 103628 285544 101-45210-221 alternator belts Golf Course 27.95
GENUINE PARTS COMPANY/NA 09/14/2015 103628 286864 101-43000-221 repair parts Public Works Department 92.31
GENUINE PARTS COMPANY/NA 09/14/2015 103628 286895 101-43000-221 roller parts Public Works Department 35.04
GENUINE PARTS COMPANY/NA 09/14/2015 103628 286918 101-43000-222 filters Public Works Department 18.08
Total 103628:173.38
GJ PROPERTY MANAGEMENT 09/14/2015 103629 90115 101-22205 Escrow refund 2015-00065 2,500.00
Total 103629:2,500.00
GOPHER STATE ONE CALL 09/14/2015 103630 145737 601-49400-489 locates Water 312.73
GOPHER STATE ONE CALL 09/14/2015 103630 145737 602-49450-489 locates Sewer 312.72
Total 103630:625.45
GRANICUS INC.09/14/2015 103631 67687 614-49840-329 web service Sep-Nov Cable Franchise 1,647.00
Total 103631:1,647.00
H&H SPORTS SHOP INC 09/14/2015 103632 33015 101-42110-228 ammo-weapon trade in Police Department 4,950.00
Total 103632:4,950.00
HENNEPIN COUNTY INFOR TE 09/14/2015 103633 1000064460 101-41900-319 network support Central Services 50.00
Total 103633:50.00
City of Orono Check Register - COUNCIL REPORT Page: 6
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
HENNEPIN COUNTY SHERIFF 09/14/2015 103634 1000064152 101-41600-309 jail charges Law/Legal Services 180.00
Total 103634:180.00
HOMETIME VIDEO PUBLISHING 09/14/2015 103635 90115 101-22205 Escrow refund 2012-00964 2,500.00
Total 103635:2,500.00
INTEGRA TELECOM 09/14/2015 103636 13240502 101-42110-321 Phone service Police Department 244.24
INTEGRA TELECOM 09/14/2015 103636 13240502 101-41900-321 Phone Service Central Services 341.94
INTEGRA TELECOM 09/14/2015 103636 13240502 601-49400-321 Phone Service Water 56.99
INTEGRA TELECOM 09/14/2015 103636 13240502 602-49450-321 Phone Service Sewer 170.97
Total 103636:814.14
JACKIE YOUNG 09/14/2015 103637 90315 101-41300-319 CC meeting 8/10, 8/24 Administration 430.00
JACKIE YOUNG 09/14/2015 103637 90315 101-42400-319 PC meeting 8/17 Building & Zoning 395.00
Total 103637:825.00
JEREMY BARNHART 09/14/2015 103638 81715 101-42400-208 reimb planning resource book Building & Zoning 23.00
JEREMY BARNHART 09/14/2015 103638 81715 101-42400-331 mileage reimb 8/05/15 to 8/17/15 Building & Zoning 54.05
JEREMY BARNHART 09/14/2015 103638 82715 101-41900-221 reimb for light sensor Central Services 33.90
JEREMY BARNHART 09/14/2015 103638 82715 101-42400-437 reimb mileage and meal for training Building & Zoning 21.69
Total 103638:132.64
KEEPERS 09/14/2015 103639 275294 101-42110-226 weapon and holster Police Department 404.29
Total 103639:404.29
KELLEHER CONSTRUCTION 09/14/2015 103640 8 437-48970-520 Police Garage project RFP #12 21,662.10
Total 103640:21,662.10
KELLINGTON CONSTRUCTION I 09/14/2015 103641 7 437-48970-520 Police Garage project RFP #12 6,011.60
Total 103641:6,011.60
KENNETH N POTTS PA 09/14/2015 103642 90115 101-41600-306 prosecution services Aug Law/Legal Services 3,000.00
City of Orono Check Register - COUNCIL REPORT Page: 7
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103642:3,000.00
KODAK ALARIS INC 09/14/2015 103643 259178130 101-41900-401 service agreement 10/1/15 to 6/30/15 Central Services 586.28
Total 103643:586.28
LAKE MTKA CONSERVATION DI 09/14/2015 103644 70215 101-41110-433 3rd Qtr levy payment Mayor & Council 14,833.50
Total 103644:14,833.50
LAW ENFORCEMENT TARGETS 09/14/2015 103645 110852 101-42110-228 training supplies Police Department 174.06
Total 103645:174.06
LEAGUE OF MN CITIES 09/14/2015 103646 220943 101-41110-433 Annual Dues Mayor & Council 7,520.00
Total 103646:7,520.00
LOGIS 09/14/2015 103647 40615 101-42110-416 Office 2013 Police Department 200.00
LOGIS 09/14/2015 103647 40615 101-41900-416 Office 2013 Central Services 115.00
LOGIS 09/14/2015 103647 40643 101-42110-401 Spam issue J. Werder Police Department 420.00
LOGIS 09/14/2015 103647 40643 101-41900-401 L .Oman email Central Services 131.25
Total 103647:866.25
LONG LAKE TRUE VALUE 09/14/2015 103648 B279933 601-49400-221 supplies Water 42.46
LONG LAKE TRUE VALUE 09/14/2015 103648 B280972 101-43000-224 supplies Public Works Department 5.99
LONG LAKE TRUE VALUE 09/14/2015 103648 B281945 101-41900-404 credit for return Central Services 7.45-
LONG LAKE TRUE VALUE 09/14/2015 103648 B282057 101-43000-222 supplies Public Works Department 16.08
LONG LAKE TRUE VALUE 09/14/2015 103648 B282287 101-43000-224 parts-supplies Public Works Department 4.29
LONG LAKE TRUE VALUE 09/14/2015 103648 B282311 101-43000-224 supplies Public Works Department 2.89
Total 103648:64.26
LSI CORPORATION OF AMERIC 09/14/2015 103649 12 437-48970-520 Police garage project RFP #12 1,496.25
Total 103649:1,496.25
MAILFINANCE 09/14/2015 103650 5478228 101-41900-401 postage meter lease Central Services 376.50
City of Orono Check Register - COUNCIL REPORT Page: 8
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103650:376.50
MANSFIELD OIL COMPANY 09/14/2015 103651 725737 101-43000-212 Diesel Public Works Department 319.96
MANSFIELD OIL COMPANY 09/14/2015 103651 725738 101-42110-212 Fuel PD Police Department 2,871.60
Total 103651:3,191.56
MAPLE PLACE LLC 09/14/2015 103652 90115 101-22205 escrow refund 2014-00160 2,500.00
Total 103652:2,500.00
Mediacom 09/14/2015 103653 82115 614-49840-329 internet Cable Franchise 487.00
Total 103653:487.00
MEDIACOM 09/14/2015 103654 82615 101-45210-415 GC cable Golf Course 7.34
Total 103654:7.34
MEDICAL DISPOSAL SYSTEMS 09/14/2015 103655 46800 101-42110-223 medical waste collection Police Department 195.15
Total 103655:195.15
MELANIE CURTIS 09/14/2015 103656 90115 101-41300-489 reimb picnic supplies Administration 4.28
MELANIE CURTIS 09/14/2015 103656 90115 101-42400-437 reimb training meal Building & Zoning 9.54
MELANIE CURTIS 09/14/2015 103656 90115 101-42400-437 mileage for training Building & Zoning 13.80
Total 103656:27.62
MET COUNCIL ENVIRONMENTA 09/14/2015 103657 83115 101-20809 Sac 4,970.00
MET COUNCIL ENVIRONMENTA 09/14/2015 103657 83115 101-39610 SAC credit 49.70-
Total 103657:4,920.30
MET COUNCIL ENVIRONMENTA 09/14/2015 103658 1048331 602-49450-383 Oct wastewater service Sewer 40,608.92
Total 103658:40,608.92
METRO WEST INSPECTIONS S 09/14/2015 103659 81015 101-42400-310 July inspection services Building & Zoning 7,817.50
City of Orono Check Register - COUNCIL REPORT Page: 9
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103659:7,817.50
MIDWEST TURF SPECIALISTS 09/14/2015 103660 614880915 101-45200-404 mowing 849 North Brown Parks 529.03
MIDWEST TURF SPECIALISTS 09/14/2015 103660 6149 101-45200-404 clean up 345 Crestview Parks 400.78
Total 103660:929.81
MINNESOTA EQUIPMENT 09/14/2015 103661 P35074 101-43000-226 hygiene kit Public Works Department 15.15
MINNESOTA EQUIPMENT 09/14/2015 103661 P35075 101-43000-221 tractor belt Public Works Department 56.25
Total 103661:71.40
MN DEPT OF TRANSPORTATIO 09/14/2015 103662 P4811 402-48056-590 material testing Watertown Rd Watertown Road 846.35
Total 103662:846.35
MN NCPERS GROUP LIFE INS 09/14/2015 103663 6732915 101-21710 Pera life 9/15 224.00
Total 103663:224.00
MUNICIPAL CODE CORPORATI 09/14/2015 103664 259864 101-41900-319 code updates Central Services 1,874.00
Total 103664:1,874.00
NAVARRE AMSTAR 09/14/2015 103665 8669 101-45210-221 tire repair Golf Course 16.00
Total 103665:16.00
NAVARRE HARDWARE 09/14/2015 103666 287686 101-43000-224 parts Public Works Department 4.99
NAVARRE HARDWARE 09/14/2015 103666 287771 101-41900-404 post office repair parts Central Services 106.36
NAVARRE HARDWARE 09/14/2015 103666 287772 101-41900-404 post office repair parts Central Services 30.95
NAVARRE HARDWARE 09/14/2015 103666 287778 101-45210-223 supplies Golf Course 40.73
NAVARRE HARDWARE 09/14/2015 103666 287868 101-45210-223 supplies Golf Course 19.96
NAVARRE HARDWARE 09/14/2015 103666 287873 101-41900-404 credit Central Services 44.21-
NAVARRE HARDWARE 09/14/2015 103666 287913 101-43000-224 supplies Public Works Department 9.99
NAVARRE HARDWARE 09/14/2015 103666 287935 101-43000-224 supplies Public Works Department 8.60
Total 103666:177.37
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
NIH HOMES 09/14/2015 103667 90115 101-34410 Refund advance plan review 2,359.23
Total 103667:2,359.23
NORLINGS 09/14/2015 103668 30795 101-45200-404 landscape maintenance City Hall Parks 2,231.00
Total 103668:2,231.00
OFFICE DEPOT 09/14/2015 103669 7868668390 101-42110-201 office supplies Police Department 77.96
Total 103669:77.96
OFFICE DEPOT 09/14/2015 103670 7865996980 101-41900-201 office supplies Central Services 532.21
OFFICE DEPOT 09/14/2015 103670 7895040360 101-41900-201 office supplies Central Services 64.78
OFFICE DEPOT 09/14/2015 103670 7908048680 101-41900-201 office supplies Central Services 181.73
OFFICE DEPOT 09/14/2015 103670 7909026950 101-41900-201 office supplies Central Services 77.74
OFFICE DEPOT 09/14/2015 103670 7950401500 101-41900-201 office supplies Central Services 298.66
Total 103670:1,155.12
OLSON CO INC 09/14/2015 103671 342 651-49910-227 Old Crystal Bay Rd culvert repair Storm Water 2,697.00
Total 103671:2,697.00
OMLIE, RHONDA 09/14/2015 103672 90115 101-22205 Escrow refund 2014-01406 2,500.00
Total 103672:2,500.00
PIRTEK 09/14/2015 103673 2150469 101-45210-403 supplies Golf Course 69.45
Total 103673:69.45
POND & LIGHTING DESIGNS IN 09/14/2015 103674 9037 101-45210-403 new motor for pond fountain Golf Course 535.00
Total 103674:535.00
POS PAPER 09/14/2015 103675 25152 101-42110-201 ticket writer paper Police Department 202.20
Total 103675:202.20
City of Orono Check Register - COUNCIL REPORT Page: 11
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
PRAIRIE RESTORATIONS INC 09/14/2015 103676 36706 234-45680-404 Lurton Park weed control 546.11
Total 103676:546.11
PRIORITY COURIER EXPERTS 09/14/2015 103677 826997 101-41900-322 courier service Central Services 68.14
Total 103677:68.14
QUALITY FLOW SYSTEMS INC 09/14/2015 103678 30896 602-49450-406 GS 10 Sewer 107.43
QUALITY FLOW SYSTEMS INC 09/14/2015 103678 30897 602-49450-406 LS 3 repair Sewer 655.00
QUALITY FLOW SYSTEMS INC 09/14/2015 103678 30936 602-49450-406 LS 3 repair Sewer 6,110.00
QUALITY FLOW SYSTEMS INC 09/14/2015 103678 30937 602-49450-406 LS 14 repair Sewer 5,860.00
Total 103678:12,732.43
REED VENDING 09/14/2015 103679 9096 101-45210-094 concession supplies Golf Course 149.20
REED VENDING 09/14/2015 103679 9109 101-45210-094 concession supplies Golf Course 52.20
Total 103679:201.40
RON OLSON 09/14/2015 103680 90215 101-41300-489 reimb supplies for picnic Administration 28.56
Total 103680:28.56
RON STEFFENHAGEN 09/14/2015 103681 82115 101-45210-221 reimb for ice Golf Course 14.97
Total 103681:14.97
SELECT ACCOUNT 09/14/2015 103682 82515 101-21719 8/25/15 FLEX 96.87
Total 103682:96.87
SELECT ACCOUNT 09/14/2015 103683 90115 101-21719 9/01/15 FLEX 30.20
Total 103683:30.20
SELECT ACCOUNT 09/14/2015 103684 90815 101-21719 9/08/15 FLEX 663.29
Total 103684:663.29
City of Orono Check Register - COUNCIL REPORT Page: 12
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
SERVICEMASTER CLEANING 09/14/2015 103685 012077 602-49450-404 815 Forest Arms Ln cleanup Sewer 901.35
Total 103685:901.35
SHERWIN WILLIAMS 09/14/2015 103686 42222 101-45200-223 paint for parks signs Parks 92.40
SHERWIN WILLIAMS 09/14/2015 103686 7991-4 101-41900-404 post office paint Central Services 105.66
SHERWIN WILLIAMS 09/14/2015 103686 7992-2 101-45200-223 paint for parks signs Parks 1.78
Total 103686:199.84
SKELLY, TIMOTHY 09/14/2015 103687 90915 101-22205 Escrow refund 15-3737 2,500.00
Total 103687:2,500.00
SUMMIT COMPANIES 09/14/2015 103688 1076591 101-41900-404 Fire extinguisher inspection City Hall Central Services 21.25
SUMMIT COMPANIES 09/14/2015 103688 1076593 601-49400-404 Fire extinguisher inspection Well house Water 27.00
SUMMIT COMPANIES 09/14/2015 103688 1076594 101-45210-404 Fire extinguisher inspection Golf Course Golf Course 22.75
SUMMIT COMPANIES 09/14/2015 103688 1076604 101-42110-404 Fire extinguisher inspection PD Police Department 534.75
SUMMIT COMPANIES 09/14/2015 103688 1079622 101-41900-404 Fire extinguisher inspection PW Central Services 387.74
Total 103688:993.49
SUN LIFE FINANCIAL 09/14/2015 103689 90115 101-15998 Cobra Life Insurance Sept 1.00
SUN LIFE FINANCIAL 09/14/2015 103689 90115 101-21710 Life Insurance Sept 1,132.86
Total 103689:1,133.86
TESSMAN COMPANY 09/14/2015 103690 221252 101-45210-223 landscape supplies Golf Course 602.89
Total 103690:602.89
TEYNOR, GAIL 09/14/2015 103691 90115 101-22205 Escrow refund 2012-01206 10,000.00
Total 103691:10,000.00
THE GILLESPIE CENTER 09/14/2015 103692 82715 101-41800-490 2015 Services Human Services 9,500.00
Total 103692:9,500.00
THE HOME DEPOT 09/14/2015 103693 5048826 601-49400-227 plumbing supplies Water 313.46
City of Orono Check Register - COUNCIL REPORT Page: 13
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103693:313.46
THE WOODSHOP OF AVON INC 09/14/2015 103694 83115 437-48970-520 paneling for council chambers 2,705.00
Total 103694:2,705.00
THORPE DIST CO 09/14/2015 103695 913855 101-45210-091 beer Golf Course 177.50
Total 103695:177.50
TRI CITY LAB 09/14/2015 103696 83115 601-49400-489 water testing Water 31.50
Total 103696:31.50
VANGUARD CLEANING SYSTE 09/14/2015 103697 40340 101-41900-407 Janitorial service Central Services 1,435.50
VANGUARD CLEANING SYSTE 09/14/2015 103697 40340 101-42110-407 Janitorial service Police Department 1,039.50
Total 103697:2,475.00
VERIZON WIRELESS 09/14/2015 103698 9750178872 101-42110-321 8/07 to 9/06 Police Department 1,565.81
VERIZON WIRELESS 09/14/2015 103698 9750178872 101-41900-321 8/07 to 9/06 Central Services 118.75
VERIZON WIRELESS 09/14/2015 103698 9750178872 101-45210-321 8/07 to 9/06 Golf Course 43.22
VERIZON WIRELESS 09/14/2015 103698 9750178872 601-49400-321 8/07 to 9/06 Water 48.35
VERIZON WIRELESS 09/14/2015 103698 9750178872 602-49450-321 8/07 to 9/06 Sewer 48.36
VERIZON WIRELESS 09/14/2015 103698 9750178872 602-49450-321 8/07 to 9/06 Sewer .01-
Total 103698:1,824.48
VINTAGE WASTE SYSTEMS IN 09/14/2015 103699 82015 101-45210-404 AUg service Golf Course 45.00
VINTAGE WASTE SYSTEMS IN 09/14/2015 103699 82015 101-41900-404 AUg service Central Services 195.00
VINTAGE WASTE SYSTEMS IN 09/14/2015 103699 82015 101-45200-404 AUg service Parks 271.50
Total 103699:511.50
WASTE MANAGEMENT RECYC 09/14/2015 103700 12320-2808-603-49500-316 Recycling Sep 8,723.20
Total 103700:8,723.20
WEILANDS ALL SEASONS CLINI 09/14/2015 103701 23265 101-41900-404 AC repair city hall Central Services 270.85
City of Orono Check Register - COUNCIL REPORT Page: 14
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Total 103701:270.85
WELLENS AGRONOMICS LLC 09/14/2015 103702 4199 435-48549-590 Orono Orchard Rd Recon 2,247.50
Total 103702:2,247.50
WILLIAMS TOWING 09/14/2015 103703 137428 231-45650-436 15-009866 2003 Chevy Pickup 155.00
Total 103703:155.00
WINDSTREAM 09/14/2015 103704 58701408 601-49400-321 water plant phone Water 54.84
Total 103704:54.84
XCEL ENERGY 09/14/2015 103705 51-6985570-101-41900-381 7/22 to 8/20 Central Services 1,735.31
XCEL ENERGY 09/14/2015 103705 51-6985570-101-42110-381 7/22 to 8/20 Police Department 934.58
XCEL ENERGY 09/14/2015 103705 51-6985570-101-42110-381 7/22 to 8/20 Police Department 35.73
XCEL ENERGY 09/14/2015 103705 51-6985570-101-43000-381 7/22 to 8/20 Public Works Department 153.26
XCEL ENERGY 09/14/2015 103705 51-6985570-101-43000-386 7/22 to 8/20 Public Works Department 1,908.81
XCEL ENERGY 09/14/2015 103705 51-6985570-101-45200-381 7/22 to 8/20 Parks 34.58
XCEL ENERGY 09/14/2015 103705 51-6985570-601-49400-381 7/22 to 8/20 Water 6,405.40
XCEL ENERGY 09/14/2015 103705 51-6985570-602-49450-381 7/22 to 8/20 Sewer 2,283.57
XCEL ENERGY 09/14/2015 103705 51-6985570-101-45210-381 7/22 to 8/20 Golf Course 1,144.29
Total 103705:14,635.53
YAMAHA GOLF & UTILITY INC 09/14/2015 103706 1-140349 101-45210-415 extra carts Golf Course 330.00
Total 103706:330.00
YAMAHA MOTOR CORP.09/14/2015 103707 559020 101-45210-415 golf cart lease Golf Course 1,128.00
Total 103707:1,128.00
YARDSCAPES INC 09/14/2015 103708 90115 101-34410 refund advance plan review 531.88
Total 103708:531.88
City of Orono Check Register - COUNCIL REPORT Page: 15
Check Issue Dates: 8/25/2015 - 9/14/2015 Sep 10, 2015 08:16AM
Check Check Invoice Invoice GL Account Description Department Invoice
Payee Issue Date Number Number Amount
Grand Totals: 349,238.34
REQUEST FOR COUNCIL ACTION
DATE: September 14, 2015
ITEM NO:
Department Approval: Administrator Reviewed: Agenda Section:
Name Diane Tiegs RJO City Administrator Report
Item Description: List of Licenses for Council Approval
PERMIT ONE DAY LIQUOR LICENSES
1. Orono Lions for the Long Lake Fire Department
PO Box 65
Orono, MN
Police Report stated no violations in the past five years.
2. 8 to A Lamp for Taste of Long Lake
1817 Freedom Lake
Chanhassen, MN
Police Report stated no violations in the past five years.
FIREWORKS PERMIT
3. PC Pyrotechnics for Display of Fireworks for Long Lake Fire Department
4016 Aspen Cir. S
Rockford, MN 55373
The applicants have met the requirements and submitted complete applications. Staff
recommends approval of the license applications.
COUNCIL ACTION REQUESTED:
Consider a motion to approve the above listed licenses.
.
24
ORONO POLICE DEPARTMENT
REQUEST FOR COUNCIL ACTION
Date: September 14, 2015
Item No: 25
______________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name: Correy Farniok RJO City Administrator’s Report
Title: Police Chief
____________________________________________________________________________
Item Description: Accept Resignation of Police Officer Lindsey Olson
______________________________________________________________________________
DISCUSSION:
Lindsey Olson was hired as a part-time police officer on April 14, 2015. On September 10, 2015,
Police Officer Lindsey Olson turned in her resignation notice effective September 14, 2015.
COUNCIL ACTION REQUESTED:
Consider motion to accept the resignation of Lindsey Olson effective September 14, 2015.
ORONO POLICE DEPARTMENT
REQUEST FOR COUNCIL ACTION
Date: September 14, 2014
Item No: 26
______________________________________________________________________________
Department Approval: Administrator Reviewed: Agenda Section:
Name: Correy Farniok RJO City Administrator’s Report
Title: Police Chief
______________________________________________________________________________
Item Description: Request to Hire Full-Time Police Officer
______________________________________________________________________________
DISCUSSION:
An opening exists for a full-time police officer within the Orono Police Department. The open
position was created with the retirement of Officer Larry Tomcheck. Tomcheck’s last day with
Orono police department was June 30, 2015. At present, Tim Datwyler has been working as part-
time officer with the department. Datwyler has recently completed the field training program and
is working solo patrol.
It is recommended that Tim Datwyler be hired for the open position of Full-Time Police Officer.
Tim Datwyler was hired as a Part-Time Police Officer in April 2015. Datwyler has been an
excellent employee for the City of Orono and performs his duties as a Police Officer very well.
Start date for full-time police officer would be September 15, 2015 for Tim Datwyler.
COUNCIL ACTION REQUESTED:
Consider a motion to hire Tim Datwyler as a Full-Time Police Officer, effective September 15,
2015.