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HomeMy WebLinkAbout10-12-2015 Council Packet Agenda for Council Meeting Set for Monday, October 12, 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 * September 28, 2015 3. Council Work Session Meeting of *September 28, 2015 Presentation 4. Westonka Historical Society Planning Commission Comments – Representative Christopher McGrann 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. 15-3725, Dale Gustafson o/b/o Douglas & Roban Smith, 4167, 4175 & 4195 Highwood Rd, CUP 6. 15-3739/3786, BPS Properties LLC, 300 Sixth Avenue North – Final Plat 7. 15-3761, Ridge Creek Custom Homes, 4775 North Shore Dr, ROW Vacation 8. 15-3770, Jon Norris & Catherine Morrison and Patrick & Melissa Mulhern, 460 Orchard Park Rd, Preliminary Plat 9. 15-3774, Michael Steadman o/b/o Irwin Jacobs, 1700 Shoreline Drive, Preliminary Plat 10. 15-3775, Jeff Zitzloff, 1380 Briar Street, Variances 11. 15-3778, Todd Balan, 2905 Casco Point Rd, Variance 12. 15-3779, Trinity Church, 2060 Sixth Ave N, CUP & Variance 13. 15-3781, Stonewood o/b/o Belle and Harry Yaffe, 3185 Casco Circle, Variances 14. 15-3782, Robert & Monique Kantor and Stephen Otto, 2165 & 2185 Watertown Rd, Lot Line Re- arrangement Agenda for Council Meeting Set for Monday, October 12, 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 15. 15-3783, John T. Bessessen/David Delany, 2465 Shadywood Road and 2500 Kelly Avenue, Sketch Plan Public Works Director/City Engineer’s Report 16. 2014 Sanitary Sewer Rehabilitation & Manhole Lining – Pay Request No. 2 Mayor/Council Report City Administrator's Report 17. Cloud Back-up Services 18. Claims/ Bills* City Attorney's Report Adjournment Upcoming Events 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 City Offices Closed 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 City Offices Closed 12/14 – Council Meeting, Monday, 7:00 p.m. 12/24-25 – Holiday City Offices Closed MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 27 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, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 7, 8, 12, 14, and 15 were added to the Consent Agenda. Levang moved, Cornick seconded, to approve the Consent Agenda as revised. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. REGULAR CITY COUNCIL MEETING OF SEPTEMBER 14, 2015 Levang moved, Cornick seconded, to approve the minutes of the Orono City Council meeting of September 14, 2015, as submitted. VOTE: Ayes 5, Nays 0. PRESENTATION 3. ORONO POICE OFFICER OATH OF OFFICE City Clerk Diane Tiegs administered the oath of office to Police Officers Joshua Raze and Timothy Datwyler. 4. RESOLUTION SUPPORTING THE ORONO POLICE DEPARTMENT – RESOLUTION NO. 6543 Mayor McMillan stated the Orono City Council would like the Orono Police Department to know how much they support the work they perform by adopting a resolution expressing the City’s appreciation and support as well as commending the excellent work they do. Printup moved, Levang seconded, to adopt RESOLUTION NO. 6543, a Resolution Commending the Orono Police Department for Excellence. VOTE: Ayes 5, Nays 0. 5. MEDIACOM UPDATE Theresea Sunde, Government Relations Manager, and Zach Raskovich, Area Operations Director, were present on behalf of Mediacom. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 27 5. MEDIACOM UPDATE (continued) Sunde stated they are here tonight to discuss Mediacom’s buildout under the franchise agreement with the City. Sunde indicated Mediacom has met their contractual requirements and the map they have submitted shows the areas that have been built out. Raskovich stated the last segment to be activated was Wakefield Road. Sunde stated the majority of the infrastructure was already in place but two new areas were added. Sunde stated people are now able to have cable if they so choose in the buildout area. Mayor McMillan stated she has a couple of issues regarding service. McMillan stated one of the complaints revolved around having to drive down to the Mound office and finding the office closed. Sunde stated they are well aware of that situation and the person was mistakenly sent to the Mound office. Sunde stated Mediacom did receive a letter from that person, and as a result of the misdirection, someone lost their job over it. Mediacom has apologized to the person and will be reaching out to them. McMillan stated she would appreciate that. McMillan asked if anyone in the audience would like to speak regarding this item. Loren Schoenzeit, 4480 Forest Lake Landing, stated he has a couple of questions for Mediacom. Schoenzeit stated he would like to get straight answers from Mediacom’s sales department on what year two products cost. Schoenzeit stated everything that Mediacom offers on their website has the first year special price but the second year cost is difficult to obtain. In addition, the sales department cannot provide an answer to that question. Schoenzeit commented the majority of promotions are geared toward new customers but not existing customers. Schoenzeit suggested Mediacom offer some special prices for customers who simply have Internet service with Mediacom. Schoenzeit stated his second question relates to Mediacom’s plans for1080P and 4K retransmission in the Orono area. Schoenzeit stated he would also like to know Mediacom’s plans to transmit Super Bowl V in 4K. CBS and Sony both say the data will be available. The third question relates to Mediacom’s plan to upgrade to Doxis 3.1 and offering gigabyte service in this area. Schoenzeit stated it is nice the rest of the community is wired but a number of Mediacom’s services lag behind the rest of the country technology- wise. Schoenzeit stated gigabytes in areas where there is competition runs approximately $70 a month and Orono residents are paying more than that for 100 gigabyte. Schoenzeit stated without competition, pricing is difficult for the customer. Schoenzeit noted there have also been six major multi-hour outages for Internet service in the Orono area in September and that he hopes Mediacom can offer an explanation for that. Schoenzeit asked what mitigation work Mediacom has done to ensure equipment, personnel and policies that does not continue. The final question is whether there is a way that Mediacom could host a website with system status. Schoenzeit stated currently, if someone calls the 800 number, most of the time it tells you all circuits are busy and sometimes there is a message saying we have a problem in your area and we will call you back, which usually does not occur. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 3 of 27 5. MEDIACOM UPDATE (continued) Schoenzeit stated he is not sure whether Mediacom hears the feedback from the residents, but in his view Mediacom only gets about a C grade. Schoenzeit stated nowadays digital infrastructure is a necessity and that he hopes by working with the City and the community that service can be improved. Schoenzeit stated he will provide a copy of his questions to Mediacom so they can answer them. Sunde stated Mediacom is attempting to keep up with technology and upgrade their equipment. Sunde stated they will respond to Mr. Schoenzeit’s questions in the near future. McMillan thanked Mediacom for completing the buildout. McMillan noted the City’s franchise agreement is for cable and video access but that the hope is that everyone will have better Internet access. McMillan stated the City appreciates Mediacom working on the Internet piece as well even though that is not part of the official franchise agreement. McMillan stated she receives tons of calls from citizens asking for faster Internet service and that she would appreciate any efforts by Mediacom to improve that. McMillan stated the City is glad to be partnering with Mediacom. Sunde stated it has been a pleasure working with the City as well. PLANNING COMMISSION COMMENTS – REPRESENTATIVE DENISE LESKINEN Planning and Zoning Commissioner Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS Rich Anderson, 3205 Crystal Bay Road, stated he appreciates what the City Council did for the Police Department this evening. Anderson stated the reason he is here tonight is he was listening to the taped September 14 meeting and that he heard a comment that it was not Richie Anderson. Anderson stated the Council was talking about the lift station and the backup generator. Anderson stated he has not talked to City Staff about it, but that it was his idea to suggest that. Anderson stated he is trying to figure out what that statement was about. Anderson stated he will provide a little history on the marinas he owns and has owned. Sailor’s World on Smith Bay was purchased in 1976 by himself and two other people. Sailor’s World was originally called Paul’s Landing. Anderson stated he eventually sold his interest in that entity to one of his partners in 1995. Anderson stated he also has owned North Shore Marina since 1994. After a period of time, Anderson indicated he bought Windward Marine and sold that. Anderson stated during that time he bought another marina on Brown’s Bay. Anderson stated he also purchased another marina in 2011. Anderson stated over the years he has cleaned up the marinas and they are now a centerpiece of Orono. Anderson stated he knows the marinas very well and that he has no idea why that comment was made about him. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 4 of 27 PUBLIC COMMENTS (continued) Council Member Levang stated the reason was because someone indicated that it was someone else whose name was on the letter in the City’s file. Levang stated she was responding to what was on the City’s document. The document mentioned and was signed by the Kirkland brothers. Anderson stated he then apologizes if he misunderstood Council Member Levang, but that the City is aware he owns 1955 Shoreline Drive. Anderson noted at the last Council meeting Mr. Edwards stated that he was willing to give the City an easement for a generator and that is not true. Anderson indicated he talked with Mr. Edwards about trying to figure out where the generator could go on commercial property rather than residential. Public Works Director/City Engineer Edwards stated he discussed the generator with the Kirkland brothers and that they were interested in hosting a generator on their site in order to get the backup generator. Anderson stated the City does not have an easement at this time but that hopefully one day there will be. Anderson stated there are parking issues and that he is allowed 48 parking spots, which they have to have. The City’s concept was to get the okay to do the design so he could take a look at it. Anderson stated he does not want this thing to go too far down the road since the City does not have an easement currently. Anderson stated the minutes should be corrected to say that since he does not want it to be portrayed that he has already given the City an easement. Edwards stated he asked for the funding to move forward with the design and the engineering. Edwards stated they need the design work and the survey before the City can move forward with the easement. Anderson stated he would like to keep this process going forward but that the motion was also for the installation of a backup generator, which should not have been included in the motion. Anderson stated the motion should have only been for completing the design and engineering of same. Anderson stated the electrical panel should not be on top and that should be considered in the design. McMillan requested Mr. Edwards communicate with Mr. Anderson on this matter going into the future. Council Member Walsh stated he would like to thank Mr. Anderson for helping to solve this problem and that he hopes the City can work through this to minimize the impact. Anderson stated he could probably get a variance to the parking but that they really do need the parking spaces. Brad Erickson, Orono Shopping Center, 2160 West Wayzata Boulevard, stated he is here tonight to support Jay Nygard and that in his view the wind turbine issue has gone on way too long. Erickson stated he knows when Council Member Walsh was running that that was one of the things that was brought up and that he wanted to get on board so these issues would not get so drawn out. Erickson stated the lawsuit is over and the wind turbine is down. Erickson stated it was not a good day for the Nygards but that it is over and done with. Erickson stated there is now an issue remaining about a piece of concrete behind Mr. Nygard’s house. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 5 of 27 PUBLIC COMMENTS (continued) Erickson stated he is not sure what difference it makes at this point, but given his experience with the City, there are other more important issues that could be addressed than the piece of concrete. Erickson stated he now has the wind turbine at his site at the 2120 location and that it is sitting next to a building. Erickson stated the reason he brought this up is that in his view the City has to ask themselves where their priorities are. Erickson noted there is a house on Main Street that was a converted chicken coop that people were living in until August of 2013 and the building should have been condemned 30 years ago. Erickson stated instead of the City spending all this time over a wind turbine and now some cement under the ground, they should be looking at other things. Erickson stated they have this building sitting there, and if they really want to do what is in the public’s interest, it should be condemned. Erickson stated in his view the wind turbine issue is over, the City won, and they should leave the Nygards alone and let them live their lives. Erickson stated the walls in the store that he bought were mold from floor to ceiling and from front to back under the tile. Erickson stated instead the City is worried about a piece of concrete in someone’s back yard. The City Council now has an opportunity to move the ball forward and put it behind them but that it seems like they are stuck on stupid, which does not make any sense. Erickson stated if the Council really wants to make an impact on the community, they should talk about getting rid of that house, developing the property with Dale Richardson, and working with the residents of the community. Erickson stated he has tried to make it clear that the people on the City Council work for the citizens and that he is not sure why the residents have to butt heads on every issue. Erickson stated no one has ever come down and met with him and that he has not met with the community development director once. Erickson stated instead he gets criticized and threatened. Erickson stated he is asking the Council to let the wind turbine issue go and to forget about the cement issue and get on with some more important issues. PLANNING DEPARTMENT REPORT 6. APPEAL FENCE VIEWER DECISION, CONTINUED HEARING McMillan noted this is a continuation of the hearing from the August 10 Council meeting. This is an administrative appeal of a fence and the original hearing was tabled to allow the City Council to look at some additional information submitted by Mr. Nygard. At the August 10 meeting, the City Council heard that the fence viewers’ decision was that the fence on Peter Lanpher’s property was not a partition fence and thus not subject to Minnesota Statute 344. Community Development Director Barnhart noted on August 17, Staff received additional information from the adjacent property owner, Peter Lanpher, who asked Staff to provide the information to the Council. Barnhart noted the Council received the information via e-mail and also in tonight’s packet. McMillan stated she has reviewed all the additional information and that she is in agreement with the letter sent out by Mr. Barnhart recapping the fence review decision. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 6 of 27 6. APPEAL FENCE VIEWER DECISION, CONTINUED HEARING (continued) Jay Nygard, 1386 Rest Point Road, stated he asked for the fence viewing and that he is asking for it to happen again. Nygard stated he is asking for the Council to actually do what they are supposed to do per state law, which is to have a fence viewing per state statute. Nygard stated this fence has been illegal from day one and has been under investigation since 2012, which is over three years. Nygard noted he did ask for a fence viewing hearing in 2012 as well but the City denied it as Mr. Gaffron’s memorandum states. According to the counsel of Mr. Soren Mattick, Orono’s City Attorney, the Council and Staff did not follow state law and should not have the statutory obligation unless it was requested again. Nygard noted that happened back in 2012. Nygard stated the frustrating thing is how this has been set up as adversarial from day one and made to appear that it is him against the City. Nygard stated he is not sure how many other times that has happened, but whenever the City has to do a grass viewing at a property, Mr. Mattick drives all the way out here and has a meeting with the people doing it first. Nygard stated it seems pretty obvious that he is being treated differently than everybody else in the City and that everybody has to walk on eggshells around him to make sure they do not do anything wrong. Nygard stated what the City should really be concerned about is moving forward and looking at the real problems in the community rather than running and hiding from their obligations. Nygard stated a couple of things came up as part of the recent packet that he has seen before but were not part of this until recently when his neighbor presented them. The information is from the State Court of Appeals and the District Court dealing with his lawsuit with the neighbor. Nygard stated he is glad Mr. Lanpher presented these, because in the District Court action, they talk about how he was not able to show that it was a partition fence, and in the appeals court it says, because the appellant failed to show it was a petition fence, we affirm the District Court’s ruling. Nygard stated he happens to have in his hand the 1998 Minnesota House of Representatives information which shows that a partition can be on or near a property line. Nygard stated because he did not have that information, he lost those lawsuits. Nygard stated the information says that the District Court judge chose to rule against him based on the parties’ stipulation that this is not a common fence. Nygard stated that is not true because he did state to the judge that it was a common fence. Nygard stated party stipulation and state law are two different things and that it is disappointing to have a judge decide that applying state law is not important. Nygard stated the City Council is required to follow state law but the City Attorney is not interested in doing that. Nygard noted Mr. Barnhart denied his fence hearing because he claimed it is not a partition fence. Nygard stated nowhere does his letter quote a state law, a state statute, or anything that is referred to, and that this is all stuff that is made up out of thin air. State law says fence viewers do not determine exactly on or near a property line a partition fence should be located. Nygard noted the letter also states, which Mr. Mattick counseled the City Council that the statute applies to rural areas only. Nygard noted it states in the brief that the statute generally applies to all property owners throughout the state and not just rural areas as the City Attorney is suggesting. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 7 of 27 6. APPEAL FENCE VIEWER DECISION, CONTINUED HEARING (continued) Nygard stated it is the Council’s duty to give him a fence viewing. Nygard stated it is a partition fence by where it is located; by where the people who put it there located it; by the function it serves, which is to separate the properties; and by the fact that the neighbor cannot maintain the fence on his side. Nygard stated the question is whether the Council is going to choose to follow state law as it has been presented to them or whether they are not going to choose to follow state law. Nygard stated the flyers that have been going around have something interesting in one of them, which is that City law cannot override state law. Nygard stated he has presented the City Council with state law and no one has presented anything different. Nygard stated if the Council chooses not to allow this fence viewing, they will be in violation of state law, and that choosing to violate state law would not be good for us as a city but will cause many complications down the road. McMillan noted a fence viewing was provided on July 6 and they determined it was not a partition fence. Nygard stated the Mayor apparently did not read the appeal he wrote, which said, due to the fact that the fence is falling over more since then that it needs another fence viewing. McMillan stated a partition fence is when two people get together and they decide to share a fence or share the costs of the fence. Nygard stated the Mayor is making that up. McMillan stated she has looked at all the law. Nygard asked the Mayor to show him where it says that. McMillan stated she is not going to get into an argument with him about it tonight and that fence viewers were provided by the City of Orono and they made a determination that it was not a partition fence. Nygard stated he was never provided a report. McMillan noted Mr. Nygard was on the property at the time of the fence viewing. Nygard stated he was denied a report and that in his opinion the fence viewing is not complete. McMillan stated Mr. Nygard is asking a lot from the City. Nygard questioned how asking the City to follow state law is asking a lot. McMillan noted the City did provide a fence viewing and that she is not going to get into an argument with him. Nygard asked where in the statute it says that two neighbors have to agree. Nygard noted the statute contains many references to when neighbors disagree. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 of 27 6. APPEAL FENCE VIEWER DECISION, CONTINUED HEARING (continued) McMillan stated the fence viewing process has happened, that she has looked at all the materials on it, and that it was done according to state statute. The fence viewers’ determination was that it is not a partition fence according to state statute and that she is in agreement with that. Kahler Stewart Nygard, 1386 Rest Point Road, asked if there could have been a mistake made during the fence viewing process. Nygard asked if the fence viewers were not made aware of all the facts regarding state statute. Nygard stated in light of the new information, in his view there should be another fence viewing and that will resolve or remedy the issue at hand. McMillan stated the City has done its process, made its determination, and that they need to move on. Nygard asked where in the statute it says that fence viewers can determine whether or not a fence is located on a property line. Nygard stated the only determination made by the fence viewers was the location of the fence in relation to the property line. Nygard stated the statute actually says that they are not to determine whether or not the fence is located on the property line. Nygard stated the fence viewers’ findings contradict state law no matter how many times the City wants to ignore it. McMillan noted the letter states as follows: Based on the information gathered by the fence viewers, it has been determined that the fence in question does not constitute a partition fence and therefore is not subject to MN State Statute 344. Specifically the fence viewers noted the fence is located entirely on Mr. Lanpher’s property, that the fence was not originally ordered to be viewed by the fence viewers, there was no agreement by the parties that the fence is a partition fence, and Mr. Nygard did not originally share in any costs with construction of the fence. Nygard stated none of those are set up as a basis for something being defined as a partition fence by the MN State Legislature. Nygard stated everything the Mayor just stated, especially as it relates to the property line, does not count according to state statute. Nygard stated his question is whether the City is going to follow state law or not follow state law. Nygard stated the City is obligated to follow state law. Printup moved, McMillan seconded, to make a determination that the fence located on the Lanpher property is not a partition fence and that the fence viewers’ decision should be upheld. VOTE: Ayes 4, Nays 0, Walsh Abstained. *7. #15-3738 KUHL DESIGN BUILD ON BEHALF OF JOHN AND CYNDY BOWLSBY, 1025 SPRING HILL ROAD, VARIANCES – RESOLUTION NO. 6544 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6544, a Resolution Amending Resolution No. 6519 Granting Setback Variances from Orono Municipal Code Section 78-1279, for the property located at 1025 Spring Hill Road. VOTE: Ayes 5, Nays 0. *8. #15-3758 CITY OF ORONO AND CLIFFORD OTTEN, 2251 PINE RIDGE LANE AND CITY-OWNED PARCEL PINS 34-118-23 22 0019 (WELL #3) – LOT LINE REARRANGEMENT AND REZONING – ORDINANCE NO. 158 AND RESOLUTION NO. 6545 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 9 of 27 Levang moved, Cornick seconded, to adopt ORDINANCE NO. 158 , THIRD SERIES, an Ordinance Amending the Orono Municipal Code by Listing the Legal Description of the Properties at 2251 Pine Ridge Lane and 2250 Wayzata Boulevard as Rezoned from RR-1B to R-1A, File No. 15-3758. VOTE: Ayes 5, Nays 0. Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6545, Approving a Subdivision of a Lot Line Rearrangement at 2251 Pine Ridge Lane and 2250 Wayzata Boulevard, File No. 15-3758. VOTE: Ayes 5, Nays 0. 9. #15-3768 MICHAEL AND LISA LARSON, PROPOSED ORDINANCE AMENDMENT RELATED TO DOG BOARDING AND GROOMING IN B-1 ZONING DISTRICT Barnhart noted at its September 14 meeting, the City Council reviewed the proposed text amendment that would allow indoor dog boarding, indoor dog daycare, and dog grooming as a conditional use in the B-1 zoning district. The City Council tabled action on the item in order for Staff to determine how other communities handle this type of business. Since the September 14 meeting, Staff has visited four area indoor dog daycare/boarding facilities, spoken with staff at those facilities, and spoken with the planners in those cities to get an idea of the uses in those cities. Barnhart indicated he has included a draft supplement to the draft amendment before the City Council tonight. In addition, the applicants have also submitted some documentation. One of the proposed changes is a zoning code issue in terms of what is an allowed use and the other is a licensing issue. Barnhart stated he will be proposing some changes to the licensing requirements that the Council can revisit in a couple of weeks. Barnhart gave a brief synopsis of the other indoor dog daycare facilities that he visited: Puptown in Medina is a large facility, having a 13,000 square foot outdoor play area. Puptown is in a commercial area. On site, Staff observed little dog barking. The adjacent Highway 55 may have drowned out dog noise. Medina recently approved an expansion of the number of dogs. Camp Bow Wow in Plymouth is in an industrial area. On site, Staff observed minimal dog noises. Adogo has two locations in Minnetonka, one near Ridgedale and another on Baker Road. Both sites have outdoor play areas. The Ridgedale location is new and is adjacent to residential uses, including single- family residential to the north. A large apartment building was recently built adjacent to the Ridgedale property. Adogo on Baker Road was their first location in Minnetonka. This is a commercial location. Minnetonka’s planner noted no concerns or complaints for any of their locations. Barnhart stated there is also Wolf Central in Richfield. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 10 of 27 9. #15-3768 MICHAEL AND LISA LARSON, PROPOSED ORDINANCE AMENDMENT RELATED TO DOG BOARDING AND GROOMING IN B-1 ZONING DISTRICT (continued) Barnhart noted the Council is not looking at a specific conditional use permit tonight but looking globally at a text amendment that would allow those types of uses. At the last Planning Commission meeting and City Council meeting, there was some concern from the neighborhood based primarily on noise. Barnhart noted Adogo near Ridgedale is located right across from residential and in the beginning there was significant opposition to it. That facility was ultimately approved and there have been no complaints. Barnhart noted Orono’s B-1 district does back up to some residential and so there is some reasonable concern associated with the use. Barnhart stated predominantly the ratio used is one dog per X square feet. Medina has one dog for 60 square feet and Minnetonka uses one dog for 80 square feet. Richfield did not have a ratio but they limited it to 50 dogs based on the size of the building. Barnhart suggested imposing the same type of ratio at this facility. Cornick asked if they are all small dogs or bigger dogs at these other facilities. Barnhart stated Medina is not limited to small dogs. McMillan asked if this revised draft ordinance is attempting to do some more refining of kennel locations. Barnhart stated the section provided tonight is not in the zoning code and is under the animal section of the City Code. The underlined language is the proposed new language. Barnhart stated he is not recommending approval tonight since it has not been fully refined unless the Council decides it is not an appropriate use. Council Member Printup noted last week the Planning Commission heard an application for a conditional use permit allowing dog daycare. Printup asked what type of comments were received during the meeting regarding the proposed use. Barnhart stated last week there was a review of a conditional use permit based on the approval of a similar ordinance. Comments were received from the neighbors in opposition to the project but the Planning Commission also received a comment in favor of the proposed use. Barnhart indicated there was quite a bit of concern expressed from the area property owners regarding noise and how that would impact their day-to-day life. Barnhart stated he attempted to address those concerns with performance standards. The biggest concern was that dog barking is a sharp intermittent noise. McMillan noted a number of the other sites are located close to freeways, which probably helps to mitigate some of the noise issues. McMillan indicated she did not make it up to Puptown today, but noted that facility is also pretty much surrounded by industrial. McMillan stated in her view the other facilities are located in noisy areas, which is different than the building located in Navarre. McMillan stated her concern in this instance is there was talk during the Planning Commission meeting of doing a $1 million renovation to the building with the soundproofing. McMillan stated given the amount of the investment, she would hate to have an issue with the neighbors. If the dogs are indoors all the time, it may not be an issue, but if the dogs are outside, that may impact the neighbors. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 11 of 27 9. #15-3768 MICHAEL AND LISA LARSON, PROPOSED ORDINANCE AMENDMENT RELATED TO DOG BOARDING AND GROOMING IN B-1 ZONING DISTRICT (continued) McMillan noted the City worked with the Narrows Saloon to have a double-door entry to help mitigate the noise and that may be necessary in this situation as well. McMillan stated she has a concern with the drop-offs and dogs going in and out creating an intermittent noise that might affect the surrounding residential area. Walsh stated he shares some of the same concerns, and that when the dogs are going out in groups of six or ten every 15 minutes and there are 60 dogs, different dogs will be out there constantly. Walsh stated the biggest times these facilities are being used are typically on the weekends and the holidays, which is when the neighbors will want to be out in their yards. Walsh stated he can hear dogs in his neighborhood four or five houses down and they are beagles. Walsh stated he has a concern with disrupting an entire neighborhood, especially given the amount of investment. Mike Larson, Applicant, stated they were tasked two weeks ago to come back and explain to the City Council what the sound impact will be on the neighborhood. Larson indicated he spent a lot of time Monday night going over the sound impacts with the Planning Commission. Larson stated their primary objection was sound, which they understand, but that they have put a lot of time, energy and resources to make sure those objections are overcome. Larson stated they have empirical evidence that shows these facilities are not a nuisance to the communities and that there have been zero complaints during the life of these establishments. Larson stated in his view there are a lot of assumptions related to an old-schooled kennel, which is not what they are building. Larson indicated they will be constructing a state-of-the-art facility that will mitigate sound to the best of their ability. Larson stated while they cannot eliminate noise entirely, no business in the B-1 zoning district can. Larson noted there are three gas stations at the intersection of Highway 15. Larson stated the City cannot tell him that his business will be louder than those businesses. In addition, there is an approved restaurant/bar that has music until 1 a.m. Larson stated they have data that proves otherwise for their proposed use. Larson stated they have come before the Council because they want to show the Council that they have done their homework. Larson commented he is not sure how much more they can provide the Council in this regard. Larson indicated they have made some changes to their plans in response to the concerns expressed by the Planning Commission and the neighbors. The lobby will be relocated to the back of the building and there will be a double glass door. In addition, the relief area will be moved to the south part of the building that is closer to Shoreline Drive and the indoor suites near the northern most part of the building have been moved further south in the building in an effort to remove any potential for sounds to the adjoining property. Lisa Larson indicated she did visit Wolf Central on Penn Avenue. Larson stated she walked into the facility and it was silent. Larson stated she is not exaggerating when she says silent. That facility consists of 11,000 square feet, with 5,000 square feet being indoor play space. Larson stated the owners of that facility have done some sound mitigation to the building so it is silent and not disruptive to the neighbors. Larson noted they have not received a single complaint. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 12 of 27 9. #15-3768 MICHAEL AND LISA LARSON, PROPOSED ORDINANCE AMENDMENT RELATED TO DOG BOARDING AND GROOMING IN B-1 ZONING DISTRICT (continued) Mike Larson stated he also drove to that building and parked his car between the building and the residential homes. Larson indicated he sat there for half an hour with his windows open and did not hear a single sound. Larson stated in his view that feeds into the assertion that there is not an issue with noise with these facilities. Lisa Larson noted the B-1 district is a commercial district and not a residential district. Larson stated they are attempting to be sensitive to that but noted every business will generate noise. A restaurant will have traffic impacts, noise, and environmental smells. Larson stated they are not saying the facility will be silent all the time but that they are willing to spend a considerable amount of money to eliminate the sounds from going into the neighbors’ homes. Larson noted people will not be in their back yards the majority of the year due to the Minnesota climate, and to think that the sound is going to travel from inside a sound-mitigated facility and travel across to the two neighbors and into their homes is not realistic. Lisa Larson stated she feels strongly about this and that they intend to have a 100 percent supervised facility. The dogs will never be outside without a person, and if a dog starts barking, it will come back into the facility. Larson stated dogs bark because they are stressed, dogs bark when they are alone or when they are looking for their owners. Larson stated dogs that are playing are a different kind of a situation with regard to barking. Larson stated the dogs will be worn out and will sleep at night. Lisa Larson noted they chose TWC because they are the best at what they do. TWC constructs dog facilities. Larson noted Adogo did not use a firm like TWC to construct their facilities but that they have chosen to pick someone who constructs dog care facilities. TWC has constructed hundreds of these facilities and they are willing to invest this kind of money in Navarre. Larson stated TWC knows how to mitigate the sound. Tim Parsons, TWC, stated over the past couple of weeks he has worked with the Planning Commission, Staff, and the owners to come up with a successful project. Since the Planning Commission meeting, they have been tweaking the site plan and floor plan to make it as inoffensive as possible. Parsons stated they have taken the comments from the neighbors and thought about how to alleviate those concerns, which included moving the vestibule further away from Shoreline Drive and creating a more attractive parking area. In addition, the relief area has been moved closer to Shoreline. Parsons stated they have tried to get some of the potential sound away from the neighbors to the north. Another revision is shifting the sidewalk in order to place some more conifer plantings in that area. Parsons noted closer to the property line there is an existing chain link fence and some trees and plantings. Parsons stated they could evaluate the quality of the plantings and perhaps place some more plants in that area. In addition, the fence could perhaps be a little more opaque. Parsons stated they are attempting to address the concerns that have been raised and in their view they have made some positive changes to the plan. McMillan stated she had a question about the waste management and how that will be managed. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 13 of 27 9. #15-3768 MICHAEL AND LISA LARSON, PROPOSED ORDINANCE AMENDMENT RELATED TO DOG BOARDING AND GROOMING IN B-1 ZONING DISTRICT (continued) Mike Larson stated solid waste will be immediately picked up, placed in biodegradable bags, and taken to a site that is designed for pet waste. The floor will have epoxy on it and an Aqua Air cleaning system will be installed to sanitize the place immediately. Larson stated the intent is to sanitize the entire facility every night. Walsh asked if there are OSHA requirements that must be met. Lisa Larson stated there are and that they regulate the chemicals used as well as the noise. Walsh stated he has been in these kinds of facilities before, and when you walk in the entryway, you do not know there are any dogs inside. Walsh stated in his view it is more of a concern with the very tight nature of the business district and the outside noise. Walsh stated if the dogs go outside every two hours for 10 or 15 minutes, if there are 30 to 50 dogs, they will be out there every hour on the hour for about 10 hours. Walsh stated he has more of a concern that it is too tight of an area and that this facility might be more practical in an industrial area. Walsh stated his concern is not the inside of the building. Lisa Larson stated today she drove to Adogo over by Ridgedale and their outdoor facility is between the German hospital and the Midas. Larson indicated she sat in her car with the windows down and recorded it with her iPhone. Larson stated there was a little bit of barking but that it was not constant even though there were probably 15 large dogs out there. Mike Larson stated they have been visiting these sites to see if their business model works and that there have not been any complaints from the residents. Lisa Larson noted they are also talking about small dogs. Larson indicated they are planning on hiring animal behaviorists that are trained to deal with dogs and are able to silence the dogs very quickly. Larson stated they are not planning on hiring 16-year-old kids to watch the dogs and that they intend to hire professional people who are used to handling dogs and managing their behavior. Larson noted there are over 35 of these facilities in the Twin Cities area and they are successful. Larson stated none of those facilities focus on small dogs and none of the facilities have done the amount of sound mitigation they are proposing. Larson stated they will never let the dogs be outside and bark nonstop. Walsh noted small dogs are usually 25 pounds or under, but that this facility will take dogs that are overweight, which could mean 30 or 35 pounds. Lisa stated they will take overweight dogs. Mike Larson stated the average dog bark is 85 decibels, with the range being from 60 to 113 decibels. McMillan stated it probably depends on the breed and not necessarily the size of the dog. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 14 of 27 9. #15-3768 MICHAEL AND LISA LARSON, PROPOSED ORDINANCE AMENDMENT RELATED TO DOG BOARDING AND GROOMING IN B-1 ZONING DISTRICT (continued) Printup asked what protections the neighbors would have if the dogs are outside barking. Printup stated he is less concerned about the barking on the inside of the building. Barnhart stated in this situation, with a conditional use permit and a license being required, the City has more protection. Barnhart stated the conditional use permit is based on standards, which is where the weakness is with the City’s standards and is why Staff added the license requirement. Chapter 62 talks about ratios and a number of standards in terms of noise mitigation. Barnhart stated the City Council would review a conditional use permit based on meeting those standards and also require license. Those would be renewed annually. Barnhart stated if the applicants are not meeting those standards, it is easier to revoke a license than it is a conditional use permit. Walsh stated if someone is investing $1 million in a business, it is difficult not to renew the license. City Attorney Mattick noted once the conditional use permit is issued, it runs with the land. A license provides the flexibility to address the concerns and make them a condition of the license. Mattick stated at the last meeting there were concerns about how to address the concerns and that Staff has been trying to figure out ways to move the application along. McMillan stated the amount of investment puts the City in a tough position to say there are too many dogs or too much play time since it would impact the business’s economic viability. McMillan stated dog noise is hard to control but a noise caused by a human being is easier to place tighter conditions on it. McMillan stated the issue she has is controlling the dogs is difficult other than reducing the number, which then becomes an economic issue. Lisa Larson stated that is very true and that they have to stick to a certain number to make the business viable. Larson stated they do not want 60 square feet per dog and that they are looking at 85 square feet per dog. Larson noted these are small dogs and not large dogs and that they are willing to perhaps limit the number of dogs for the first year or two to prove that it can be done. Mike Larson stated in year one of the business they do not expect 100 percent occupancy. By the end of year one, they anticipate 50 percent occupancy. Larson stated they are talking about 25 dogs the first year. Lisa Larson indicated they have worked with a consultant out of Madison, Wisconsin, who owns a facility there and they know where they need to be with the number of dogs. Larson stated they are willing to make that number less than what other facilities have. McMillan asked if they will be occupying the entire building. Mike Larson stated they will have 6,241 square feet out of the 7,200 square feet. Walsh stated it is his understanding the owner of the building will occupy a small bay. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 15 of 27 9. #15-3768 MICHAEL AND LISA LARSON, PROPOSED ORDINANCE AMENDMENT RELATED TO DOG BOARDING AND GROOMING IN B-1 ZONING DISTRICT (continued) Paul Johncox 2948 Casco Point Road, stated he owns the building in question here and that he currently runs a cleaning company out of the building. The building has been owned for a couple of years now and has been shown to numerous people. The building requires a lot of work. Johncox stated he has had four people look at the building that were interested in putting a restaurant in it but due to the limited parking, it did not work. The Larson’s are willing to come in and are willing to spend the money to improve the building. The million dollars includes working capital and the amount of money being put into the property is $600,000. Johncox indicated he will be helping the Larson’s out with some of the funding and that he does not think the risk is quite as much as the Council thinks. Johncox stated if this use is not approved, there is not much else they can do except tear the building down. If a restaurant comes in, it will cause more traffic and will be open later at night. Johncox stated in his view it will not bring more congestion to the area. Lisa Larson stated last Monday at the Planning Commission meeting the veterinarian down the road said that the City needs this type of business because she has had a ton of clients asking for this type of business and has not felt comfortable referring them anywhere. Larson stated the community does not currently have something like this. Walsh stated in his view it would be a very successful venture. Walsh noted he attended the Planning Commission meeting and heard the concerns of the neighbors but that he is not sure on how to get around the noise issue. Mike Larson stated there are 18,000 cars that drive up and down Shoreline Drive daily, which means an average of 1,000 cars an hour. Larson stated he did hear the neighbors’ concerns about cars cutting through the neighborhood, but that is beyond their control and has no bearing on their business. Larson stated if they are at maximum capacity with overnight guests in the 55 suites and another 18 dogs are brought in for daycare, given the fact that the average stay in a dog boarding facility is four days, 55 dogs would come out to roughly ten dogs a day that are turning over. Larson stated they would be open from 7 a.m. to 7 p.m., which would amount to less than one car an hour that is visiting this facility. Larson stated the daycare is a little more fluid, and if they have18 dogs in the morning with a 2-hour drop-off window, they are talking about ten dogs an hour. Larson stated the amount of additional traffic that will be generated as a result of that on a road that has 1,000 cars an hour is statistically almost irrelevant. Walsh stated he was not concerned about Shoreline Drive but more about the neighborhood roads. Larson stated he does not see any data or evidence that points to their customers racing through the neighborhood. Walsh noted it was a concern that was expressed. Larson stated the reality is that these are people who simply want to drop their dogs off and then get on with their day. Larson stated he cannot see them doing that. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 16 of 27 9. #15-3768 MICHAEL AND LISA LARSON, PROPOSED ORDINANCE AMENDMENT RELATED TO DOG BOARDING AND GROOMING IN B-1 ZONING DISTRICT (continued) Paul Johncox stated they will pull out the chain link fence and install a nice fence with landscaping on both sides. The exterior of the building will also be improved. Johncox stated it will be a nice piece of property when they are done with it. Printup stated he has warmed up to it a little bit more but that he would still like to hear about the residential areas that this building abuts up to. Barnhart stated the Council has the option to deny the application for a text amendment as is, they can recommend approval with any changes, or table the application until the Planning Commission recommendation comes forward on the conditional use permit. Printup stated he has heard a couple of times that some of these facilities are not necessarily in industrial areas. Barnhart stated when he visited the sites, a number of them were located in an industrial area and there was noise from the nearby roads. The Adogo in Minnetonka is adjacent to residential and adjacent to a condominium building. In that case the city planner indicated he has not received any complaints. There was similar concern to what was received at the Planning Commission but since it has been open, the City of Minnetonka has not received any other comments. Levang noted there is an ordinance amending Chapter 62 and then an ordinance amending Chapter 78-1. Levang asked which one Staff would want the Council to approve. Barnhart stated the applicant proposed an ordinance amendment to Chapter 78-1 and 78-644 and then Staff proposed the other one to help address the second layer of concerns. Barnhart stated he would propose bringing the ordinance amending Chapter 62 back before the Council in two weeks. Levang stated she does not have a problem with the application and that amending Chapter 62 makes sense. McMillan asked where the one dog per 85 square feet of gross floor area comes from. Barnhart indicated he used Minnetonka’s number. McMillan asked if that is indoor or outdoor space. Mike Larson stated it is strictly indoor space and that typically there are no requirements for outdoor space. Larson indicated their outside play area will be between 700 to 800 square feet. Printup asked if people will be coming in the middle of the night once there is staff on 24/7. Mike Larson stated they would like to get up to a 24/7 by year two but that lobby hours will be 7 a.m. to 7 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 17 of 27 9. #15-3768 MICHAEL AND LISA LARSON, PROPOSED ORDINANCE AMENDMENT RELATED TO DOG BOARDING AND GROOMING IN B-1 ZONING DISTRICT (continued) McMillan stated she personally would like more time to look at the various different pieces of the application. McMillan stated the extra landscaping would be nice but that it will not totally cut the noise. McMillan stated at the time the Highway 12 bypass was being constructed, MN/DOT indicated the only thing that really absorbs sound is dirt and that sound will go through trees. McMillan stated the landscaping would help improve the area but that she has a concern about allowing a number of small dogs in an area next to residential. McMillan stated she would like to think a little more about the idea of dog boarding and the types of standards that should be imposed. Walsh suggested the applicants also reach out to the neighbors to try to educate them on what will be done to the building as far as sound mitigation. Walsh recommended the Council zero in on the facilities that are close to residential and perhaps visit a few neighbors to get a better handle. Walsh stated he is very leery to pass something when there are neighbors that are very concerned about the proposal. Levang moved, Walsh seconded, to table Application No. 15-3768, Michael and Lisa Larson, Ordinance Amendment Related to Dog Boarding and Dog Grooming in the B-1 Zoning District, based on the concerns discussed this evening. VOTE: Ayes 5, Nays 0. 10. #15-3773 STEVE ELLIOT, 1400 BALDUR PARK ROAD, CONDITIONAL USE PERMIT AND VARIANCE – PUBLIC HEARING – RESOLUTION NO. 6546 Barnhart stated the property owner is planning to demolish the existing home and construct a new family home on the property. The new home must be constructed to conform to all applicable laws and regulations. In order to conform to the floodplain regulation, the lowest floor of the home must be at or above the regulatory flood protection elevation. The applicant’s proposal contemplates cutting and filling within the property in order to elevate the proposed home to meet the floodplain regulations. The City’s floodplain regulations require all structures proposed to be elevated on fill material to have the fill material continue for a width of 15 feet around the perimeter of the structure to be elevated. The subject property is 50 feet wide and the proposed home is 30 feet wide. While the 10-foot LR-1C district setback can be met, there is not sufficient room on either side of the home to fully comply with the 15- foot perimeter fill requirement. As a result, the applicant is requesting a variance to this code provision. At its August meeting, the Planning Commission held a public hearing and reviewed the application. Following the public hearing, the Planning Commission voted 6 to 0 to approve the conditional use permit with the condition that the applicant submits evidence of MCWD permits prior to placement on the City Council’s agenda for review. The applicant has submitted the required permits. Because this application was presented to the Planning Commission without the variance request, Staff has published a new notice for a public hearing relating to the variance at the Council’s September 28 meeting. Planning Staff recommends approval of the conditional use permit and variance allowing for redevelopment of the property. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 18 of 27 10. #15-3773 STEVE ELLIOT, 1400 BALDUR PARK ROAD, CONDITIONAL USE PERMIT AND VARIANCE – PUBLIC HEARING – RESOLUTION NO. 6546 (continued) Levang asked if the applicants are essentially rebuilding in kind. Barnhart stated this application meets all other ordinances and that they are requesting the conditional use permit to fill in the floodplain and the variance. Levang asked if the Planning Commission reviewed the variance request. Barnhart stated they did not. Mayor McMillan opened the public hearing at 8:47 p.m. There were no public comments regarding this application. Mayor McMillan closed the public hearing at 8:47 p.m. Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6546, a Resolution Granting Variances from Municipal Zoning Code Section 78-1119(a) and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-1116(5), for the property located at 1400 Baldur Park Road. VOTE: Ayes 5, Nays 0. 11. #15-3775 CITY OF ORONO, TEXT AMENDMENT REGARDING TEMPORARY SIGNS Ordinance No. 159 Barnhart noted the City Council reviewed this text amendment at their September 14 meeting. The City Council expressed concerns with the ordinance as it related to the definition of content neutral and the signage changes proposed in the residential area. Barnhart stated the ordinance amends the sign ordinance in several ways and accomplishes the following: 1. Removes private signage from city right-of-way. 2. Allow additional signage for commercially zoned properties that provide signage for charitable organizations. 3. Give the City authority to display any sign within its own right-of-way or property. Staff suggests addressing the more pressing issues in the ordinance and revisiting the context neutral and signs on public property at a later time. The revised ordinance allows businesses an extra sign if they advertise for a community event and removes the opportunity for private signage on public property all together. Walsh commented he thought the ordinance looked okay. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 19 of 27 11. #15-3775 CITY OF ORONO, TEXT AMENDMENT REGARDING TEMPORARY SIGNS Ordinance No. 159 (continued) Council Member Cornick asked if the City is covered under this ordinance if someone wants to put out a temporary electronic sign. Barnhart stated he is sure the City is covered and that he has never seen a temporary electronic sign. Barnhart noted he is not proposing to change anything else in the code and that Staff will need to deny any application that requests something that is not allowed by current City Code. Barnhart stated in his view the ordinance is not opening the door to things the Council does not desire. McMillan noted on Page 1 of 2, the last sentence in the paragraph highlighted in red states, “For the purposes of this Chapter, community events shall include Orono Police and Long Lake events and Navarre Community Initiative and Orono School District events.” McMillan stated she is assuming that means the Long Lake Fire Department. McMillan stated she would like to make that language a little broader since there is also the Westonka School District. McMillan suggested the language say, “Community events shall include local public safety events, community festivals, and local school district events.” McMillan stated in her view that encompasses everything. McMillan noted Item b reads, “There should 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. McMillan stated in her view that language is confusing. Barnhart stated there is a distinction between a required yard, which is a setback of 35 feet, and the house or building setback, which could be 50 feet. Barnhart stated under the ordinance, there could be another sign in that second 15-foot zone, which is the difference between a required yard and the front yard. Barnhart stated he is not proposing to change that at this time, but in his view the City will not run into that situation very often. McMillan stated as it reads, her understanding is that only one sign is allowed in the required yard area, but that the following language is confusing. McMillan stated she would like to make that language clearer so the code will be user friendly. Barnhart stated he can make any changes the Council would like to see, but that the Mayor is speaking to the heart of why the proposal was ramped down from a couple of weeks ago. Barnhart concurred the goal should be to make it user friendly and that he would like to hold off on that and revisit it later. McMillan stated she would also like to alert the businesses about this ordinance and that she would suggest Staff send a letter to them as well as a sign application. McMillan stated she would like Staff to look at some way that someone could fill out a permit for the entire year. McMillan stated the fee could perhaps be adjusted if they book all four temporary signs for the year at one time. McMillan stated she would like it to be as easy as possible for businesses so they do not have to keep coming up to City Hall and that the City could start enforcing it in 2016. Walsh stated the City does not have a lot of businesses so it should be relatively easy. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 20 of 27 11. #15-3775 CITY OF ORONO, TEXT AMENDMENT REGARDING TEMPORARY SIGNS Ordinance No. 159 (continued) Cornick stated on Page 2 of the ordinance, Letter D, it says, “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 15 days after removal may be destroyed by the City.” Cornick asked if there is a state statute that says the City has to keep it a longer time. Mattick asked if Council Member Cornick is thinking about abandoned property. Cornick indicated he is. Mattick stated he does not know the answer to that question and that he thought the 15 days was specific to found property. Mattick stated this relates to signs placed within the City’s right-of-way. Cornick stated the City does not want to supersede state statute and that it is worth looking into. Barnhart stated he switched it to 15 days due to storage issues but that he could leave it at 30 days. Printup noted a question was raised a couple of weeks ago regarding kids’ sports signs. Printup asked if that is something that will be getting picked up or whether that falls into a different category. Barnhart stated Staff does its best with limited resources on enforcement and that Staff cannot catch all the signs. McMillan stated those type of signs are typically in residential areas and could probably be addressed at a future time. Levang moved, Printup seconded, to adopt ORDINANCE NO. 158, Third Series, an Ordinance Amending the Orono Municipal Code by Amending Section 78-1466 Regarding Signs subject to Staff making the changes discussed tonight. VOTE: Ayes 5, Nays 0. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT, CONTINUED Barnhart noted he attended the American Planning Association of Minnesota conference last week and he is working on a synopsis of some of the sessions he attended. Barnhart stated he hopes to provide that in the Council’s packet in the near future. Barnhart stated he also hopes to be able to visit the local businesses in the very near future. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT *12. LONG LAKE’S WATERTOWN ROAD FEASIBILITY REPORT Levang moved, Cornick seconded, to accept the Watertown Road Feasibility Study. VOTE: Ayes 5, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 21 of 27 13. WATERTOWN ROAD PHASE 2 Edwards stated on May 20, 2014, Bolton & Menk presented a feasibility study for the rehabilitation of Watertown Road and Stubbs Bay Road. The Council decided to phase the project over multiple years and approved engineer services for survey, design and bidding for reconstruction of Phase I, which included Stubbs Bay Road from Watertown Road to Bayside Road and Watertown Road from Stubbs Bay Road to Old Crystal Bay Road. Phase I is now nearing completion. Edwards noted approximately 500 feet to the east of Willow to the Long Lake city limits is not eligible for state aid funds. That cost was inadvertently left out of the first update to the Council and a revised cost schedule has been distributed to the Council. Phase II has two sections and incudes Watertown Road from Turnham Road to Stubbs Bay Road and Old Crystal bay Road to Long Lake City limits. The scope of the project will consist of the reclamation of the bituminous pavement, subgrade corrections, and the replacement/improvement of the associated stormwater system. The project consists of two sections which abut the section of Watertown Road that was reclaimed in 2015. The estimated cost for Phase II is $1,509,283. The project will be funded with a combination of Municipal State Aid funds and the Storm Water Fund. The estimate from Bolton & Menk for Phase II is a cost not to exceed $155,000. A separate scope and fee for construction services will be presented at the construction award. Edwards stated in order to move forward with the project starting in 2016, it is necessary to conduct survey and engineering work this fall/winter, complete plans and specs for advertisement and bidding in the winter/spring, and commence work in the 2016 construction season. Walsh stated he has different opinions about which roads should be done and that the portion of Watertown Road between Kokesh and Orchard is actually pretty good. Walsh stated the only bad part of Watertown Road is starting at Stubbs Bay Road going west, which would be maybe a quarter mile or a third of a mile. Walsh stated as you go east on Fox from Old Crystal Bay Road to Willow Road, that entire stretch is as bad as the worst part next to Stubbs Bay Road and from Willow and Brown is even worse. Walsh stated the other sections have many, many years left and the City has a number of roads that are in worst condition. Edwards stated when they compare the MSA roads, as Fox Road transitions, the section of MSA road is the section between Willow and Brown. The other sections are regular city roads. Edwards indicated he does agree that that section of Fox Road is atrocious and that he receives constant calls on it. Edwards stated the Public Works Department can no longer patch it anymore. Walsh stated that section definitely needs to get done and that the City does not need to redo the entire road. Walsh stated as long as the equipment is close by, the City’s money would be better spent going down to Fox and taking care of that really bad piece. Walsh stated in his view it makes more sense to get the really bad stuff done. McMillan asked how much money is in the City’s MSA fund. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 22 of 27 13. WATERTOWN ROAD PHASE 2 (continued) Edwards stated looking at MSA fund projections, after all bills are paid for the current project, it is estimated to be $547,000. Edwards stated he is also estimating that the City will have approximately $900,000 when both parts of the MSA funds are combined. Edwards noted the City just received last week the estimated revenue letter from the state and that he is expecting $348,341 will be added in 2016. Edwards stated the City’s debt service is fixed and cannot be changed, but if the City completed Phase II of Watertown Road, based on current numbers, there will be approximately $11,800 left in the fund. Edwards stated the biggest projects on the agenda for MSA roads are Watertown Road, Fox Street, and a mill and overlay on Leaf Street. Edwards stated if the City spends down its budget on Watertown this year, it will take until approximately 2020 before the City will be able to improve Fox Street with just MSA funds and then complete Leaf Street the following year. Walsh suggested the City Council consider doing Leaf, Fox and the third of Watertown to get all the bad stuff done. Walsh stated there is no reason to do roads that do not need to be done and that the City is spending money for the sake of spending McMillan stated at some point Watertown Road will need to get done and it is a matter of prioritizing the roads. Cornick asked if the traffic count on Watertown is heavier than Fox. Edwards stated to his recollection it does have a higher traffic count, which is the reason the Council made the decision last year to redo Watertown Road. Edwards stated they took the most traveled portion first and left the worst section for the second phase. Edwards stated to his knowledge the entire length of Watertown has a higher traffic count than Fox. Levang stated that is her recollection and that Phase II, Section I, is really the worst section of the road. Edwards pointed out the section of Watertown that was recently completed. Edwards stated Phase II would basically pick up where the curbing ends that was redone several years ago, go down the hill, around the corner, and then into that bad section. McMillan stated that section is bad and should be done. McMillan stated the Council can certainly look at that section of Fox Street, but one of the frustrating things to the residents would be why that section from Willow to Old Crystal Bay Road was not done. Walsh stated the City is merely picking the worst sections, which is hard to argue with. Printup noted he was in favor of Watertown Road because the Council has been talking about Watertown Road for five or six years. Printup stated if it is reasonable to talk about completing Phase I, Section II, and the MSA portion of Fox, he would be open to hearing that, but that he does not want to delay any road projects. Printup stated in his view it is the City’s responsibility to get it done but that they do need to get it done right. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 23 of 27 13. WATERTOWN ROAD PHASE 2 (continued Walsh stated he does not want to spend money simply because it is in front of the Council and that he would prefer to fix the worst roads. McMillan stated she has received a couple of calls regarding Phase II, Section II, asking about when that section of the road will be done. McMillan stated the other thing the City Council can do is add the engineering for that section of Fox Street from Willow to Brown and then make a decision on which roads to do. Printup stated he would not be opposed to that since the engineering needs to be done at some point. Levang asked if those engineering costs would be lost if the road is not done right away. McMillan stated completing the engineering on those three sections of road would probably help prioritize the projects. Martini stated the Council can break up the projects any way they would like and that they can certainly look at Fox. Martini stated the most critical thing for completing a project next year is getting the wetland delineations done in the next couple of weeks and then completing survey work before the snow. Martini stated they can look at the worst sections on Watertown, Fox, and Leaf if the Council would like. Walsh stated they are not throwing away the engineering dollars unless something drastically changes. Edwards stated the wetland delineations are good for five years. Edwards noted the City’s Pavement Management Plan rates the roads and was completed in the fall of 2014. Edwards stated the darker the red, the lower the index for that road and the green and blue sections depict better conditions. Edwards indicated the roads that are orange and red were recommended for reconstruction and that surface conditions are saying that there is something wrong with the structure of the road. Edwards stated there might be 200 feet of really good road and then 200 feet of really bad road but that it depicts the average of the road. The bluer and greener sections are still eligible for crack sealing or seal coating and eligible for preventative maintenance as opposed to rebuild. McMillan asked if the engineering fees come out of MSA funds. Martini stated if it is eligible. McMillan asked if the engineering costs came out of MSA funds for Phase I. Edwards stated to his knowledge they have not received all the bills for that work but that MSA funds can cover eligible engineering costs. McMillan stated the Council could add on engineering for the Fox Street section in addition to the engineering for Watertown. Printup indicated he would be okay with that. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 24 of 27 13. WATERTOWN ROAD PHASE 2 (continued Walsh asked if Leaf is an MSA road. Edwards indicated it is but that in the Pavement Management Plan it is listed as a mill and overlay. McMillan stated she is not sure whether Leaf needs to be done at this point given the low traffic counts. Martini stated if it is scheduled for a mill and overlay, they should not delay it for too long that the road deteriorates too much. Martini stated it is imperative to get the wetland delineation done this fall if the Council would like to have an MSA project next year. Edwards stated if the Council looks at this as an overall process, the intent is not to go ahead with a decision on construction but to proceed forward with the engineering and design. Printup moved, Walsh seconded, to authorize the project development and design for Phase II of Watertown Road, approving the Bolton & Menk project development proposal for a fee not to exceed $155,000, and adding a wetland delineation for the MSA portion of Fox Street. VOTE: Ayes 5, Nays 0. *14. WATER TREATMENT SYSTEM IMPROVEMENTS – PAY REQUEST NO. 6 Levang moved, Cornick seconded, to approve Pay Request No. 6 to Municipal Builders, Inc., in the amount of $19,084.06 for the water treatment systems improvement project. VOTE: Ayes 5, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT, CONTINUED Edwards reported work on Baldur Park Road is still underway after a few delays. Paving is expected to be completed next week. As it relates to the water plant project, the water softener has been inspected and it looks good. The major item remaining to be completed is the interior painting and that they are waiting until early October for the humidity to go down. The Public Works Department has also performed some culvert repairs. The flushing of the sanitary sewer should be finished this week. The Public Works Department will then move to the City’s storm sewer and examining culverts and ditches to make sure they are functioning appropriately. In addition, the Public Works Department provided some support in Navarre for the bike event and placed the newest donated table at Crystal Bay Park. Edwards noted the two new hires are now on board. Walsh asked for an update on Baldur Park Road. Martini stated they dug out the middle section of the road and placed the fabric. The area has not been expanded from what was originally planned on. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 25 of 27 PUBLIC WORKS DIRECTOR/CITY ENGINEER’S REPORT (continued) The contractor has been working on shaping the road to shed the water off as best as possible. Martini indicated they are attempting to get it away from the residential side of the street. Martini stated they have not encountered any surprises to this point and that the contractor plans to begin paving on Wednesday. McMillan asked if the Public Works Department is experiencing any problems with baby wipes in the sewer system. Edwards stated there have been issues with that off and on over the past several years but he did not hear about any issues with baby wipes with the latest flushing. Edwards stated the biggest thing in the sewer is gravel and root intrusion due to the pipes being old clay pipe. McMillan asked if they will be addressing any more I&I issues next year. Edwards indicated they are in the final phases of the I&I project for this year and that they will be using the information that is being gathered during the televising to identify next year’s I&I target areas where sewer lining and manhole lining can be completed. MAYOR/COUNCIL REPORT Walsh stated he attended the Planning Commission meeting on Monday and that they are doing a good job vetting the applications. Cornick stated he has received a number of phone calls recently and they all related to issues with Mediacom. Levang noted the Navarre Community Festival was held last Sunday and that it was very successful. Approximately 200 people attended the event, with around 50 kids participating in the bike safety rodeo. Levang stated she received some very positive comments about the event. Cornick stated one of the things a parent did was to go and recruit kids in the neighborhood to come and get fitted for a helmet. Levang stated they had 20 helmets to give away. Levang stated she would like to thank all the Staff who helped on this event, the Public Works Department for bringing the tables and the port-a-potty, and the Fire Station for the very nice open house. Levang stated at the next meeting the group will have a thank you for the major event planners. Levang reported she went with the Park Commission on Saturday with Gabriel Jabbour as they toured Big Island. The Park Commission was provided with information about all the projects that have been done on Big Island over the years by Gabriel Jabbour. Levang stated in her view the Park Commission was very impressed with the stabilization work that was completed. Levang stated the donation garden for this year has donated over 3,000 pounds of produce and that they have already received thanks from both agencies that the garden contributes to. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 26 of 27 MAYOR/COUNCIL REPORT (continued) Levang stated work is being completed on the next City newsletter, which should be out in the next two or three weeks. Printup stated Saturday was the Long Lake Fire Department event and that he has been hearing from people about how fun it was. Printup stated the fireworks were spectacular. Printup noted he attended the Navarre Community Festival on Sunday and that it was a very good event. Printup reported he was invited to meet with Justin McCoy, who he is coordinator for facilities and safety for the Orono School District, and that they talked about achievements and cooperation between the City of Orono and the School District, which they are very appreciative of. Also discussed were parental calls and concerns that have been voiced over the years. Printup stated they are taking those very serious and discussions were had on some practical solutions for Old Crystal Bay Road. Printup stated if the Council desires, they could talk about Old Crystal Bay Road at a future work session and invite Justin McCoy to join the Council to offer some solutions. McMillan stated the Navarre Festival and the Long Lake Fire events were very successful and well attended. McMillan stated she has received a number of very positive comments about both events and that she would like to thank all those who were involved. McMillan reported the Highway 12 group decided two temporary lanes would keep traffic moving and is the option that has been chosen. McMillan stated there is still a lot of concern about the overall construction project but that there will be an open house the first part of November to help address those concerns. McMillan stated the committee is temporary on hiatus until the next phase gets started. CITY ADMINISTRATOR’S REPORT *15. ORONO POLICE GARAGE – PAY REQUEST NO. 13 Levang moved, Cornick seconded, to approve Pay Request No. 13 for the contractors working on the Orono Police Garage Project in an amount totaling $13,857.70. VOTE: Ayes 5, Nays 0. 16. PRELIMINARY BUDGET AND TAX LEVY – RESOLUTION NOS. 6541 and 6542 Olson stated before the Council tonight is the preliminary budget and tax levy. Olson noted once the levy is approved, it cannot be increased but it can still be decreased. The tax levy is increasing 3.84 percent. An additional levy of $183,000 has been added for pavement management and would be a future funding source for roads. Olson stated the creation of that fund is a good start and a sign that the Council is working towards maintaining the City’s infrastructure into the future. Olson noted the tax levy for the General Fund budget is increasing 1.7 percent but that is being offset by increases in fees, specifically building fees. Olson stated in his view it is a fairly conservative budget. The Council needs to adopt the preliminary budget tonight. Olson noted it will need to be certified by September 30. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 28, 2015 7:00 o’clock p.m. _____________________________________________________________________________________ Page 27 of 27 16. PRELIMINARY BUDGET AND TAX LEVY – RESOLUTION NOS. 6541 and 6542 (continued) Olson noted the truth-in-taxation meeting is scheduled for December 14 at the regularly scheduled council meeting beginning at 6:30 p.m. instead of 7:00 p.m. There were no public comments regarding this item. McMillan noted she did not receive any comments on the preliminary budget since the last Council meeting and that she is fine with what is being proposed. Levang stated she also is fine with what is being proposed and that she is very happy with the pavement management levy. Levang stated it is critical the City starts putting money aside to fix the roads. Printup moved, Levang seconded, to adopt RESOLUTION NO. , a Resolution Adopting the 2016 Preliminary General Fund Budget, and to adopt RESOLUTION NO. , a Resolution Adopting the Preliminary 2015 Tax Levy Collectible in 2016. VOTE: Ayes 5, Nays 0. *17. CLAIMS/BILLS Levang moved, Cornick 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 9:41 p.m. VOTE: Ayes 5, Nays 0. ATTEST: ____________________________________ ______________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor City Council Work Session, September 28, 2015 Page 1 MINUTES OF THE ORONO CITY COUNCIL WORK SESSION September 28, 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, and City Clerk Diane Tiegs 1. Hwy. 12 Safety Audit and Improvement – Chief Farniok Chief Farniok updated Council on the Hwy 12 Safety Audit. The State Patrol’s slogan and goal for the project is “12 for 12” – working for 12 months without a fatal crash on Hwy. 12. The section of roadway through Orono to Maple Plain has several safety recommendations which include more signage and a center median to increase awareness. The number of head-on crashes with multiple and serious injuries and head on crashes indicate that a barrier would be the most effective. A barrier would have intermittent openings to allow public safety response vehicles access between ramps. The traffic on Hwy. 12 has no stoplight transition when traveling from downtown to the west to change the mindset of the commuters to slow down to the rural traffic pace. MnDOT has admitted the road was never intended to service the amount of traffic and improvements need to be made. Council Member Levang asked if more information will be published to promote the “12 for 12” safety goal. Farniok stated that in November more information will be rolled out by the State along with the help of media involvement to promote the safety project. 2. Traffic Management Policy – Public Works/City Engineer Edwards The Public Works Department receives numerous requests for street alterations. Generally the requests are for speed humps, speed tables, speed reduction signs and various signage requests, no parking, and street lights. The City Ordinance is rather broad and it would be best to develop a policy that is clearly defined. Edwards reviewed other communities’ ordinances and drafted a policy for Council to review. The Council should consider implementing a defined policy which is easier to adjust rather than an ordinance. Council discussed scenarios of possible requests and how the policy would direct the action to be taken. From the Police Department’s perspective Chief Farniok stated many times a resident that doesn’t get the response wanted will then call the police to try and force the issue. City Council Work Session, September 28, 2015 Page 2 An example is a request for a speed study; typically when a speed study is done the findings usually indicate vehicles are traveling the speed limit, traffic volume has not increased and no adjustment is necessary. A clear policy would define the criteria and procedures to address the resident ’s concern. The requests could all be dealt with in a fair and consistent manner. 3. 2016 Budget Finance Director Olson reviewed the enterprise budget. To cover the depreciation rate increases there would need to be an increase of 11 % in 2016. Due to timely rain over the summer months the water usage will not see huge increases. Council Member Walsh would like the Water Tower Rent moved out of the water fund. Mayor McMillan stated the rent is included to assist in keeping the rates reasonable for residents. The water system is small and this is a way to help assure there is enough revenue in the account. Finance Director Olson reviewed the funds and answered Council questions regarding the changes for 2016. Met Council Environmental services is decreasing from the previous year’s increase due to I & I from the heavy storms in 2014. The increase in the liability insurance rate is due to the sewer backups. Expenses have decreased in the storm water fund due to lower expenses in engineering fees. Mayor McMillan stated stormwater fees should not increase above 5%. The recycling fund balance is low due to the change in the credit for recycled materials offset. 4. Public Notice Signage Criteria Community Development Director Barnhart reviewed the previous discussion on standardizing the practice of displaying larger public notice signs for proposed developments. Staff suggests the City post signs for larger subdivisions of 4 units or 4 acres until the Planning Commission takes action. The Council discussed signage and agreed with the Staff recommendation. Council discussed whether resident notification should be increased to include a larger area surrounding a project. After discussion it was decided to continue with the present policy. City Council Work Session, September 28, 2015 Page 3 5. Freshwater Future Uses Mayor McMillan provided some history of the Freshwater facility. It was built as a research facility by the University of Minnesota. The U of MN gave it back to the Fresh Water Society and in 2003 Cargill used the building. Cargill is currently building a research campus and will be leaving the facility leaving the space open for a new use. The use of the property for residential would be nice due to location, view, and a stronger real estate market. Council discussed the facility and would be okay with residential but would prefer a corporate campus/office building. If it became residential the preference would be for a tight cluster of upscale housing. No structure over 3 stories could be built and the wetlands would have to be protected. 6. Housing Density Density growth is allocated in the Orchard area. Developing the corner piece as lower than 7 units per acre will require higher density somewhere else. It is more appropriate for the highest density to be located at Old Crystal Bay Road and Hwy 112. Walsh finding the best plan that fits for Gonyea – Council discussed various options for density and development of the property. Most likely an apartment complex envisioned by the comp plan. The Mayor would rather have townhome vs an apartment building because that would better fit the community. Council will carefully consider the options. ATTEST: _________________________________ _________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor REQUEST FOR COUNCIL ACTION DATE: October 12, 2015 ITEM NO: 4 ________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson RJO City Administrator's Title Acting City Administrator Report ________________________________________________________________________ Item Description: Westonka Historical Society ________________________________________________________________________ Representatives from the Westonka Historical Society will be here to give a presentation on on their programs and budget. Their goal is to gather artifacts, documents and reproductions to preserve and classify early historical records of the western Lake Minnetonka Region. COUNCIL ACTION REQUESTED: No action is required. 5341 Maywood Road, Mound MN 55364 P.O. Box 84 westonkahistoricalsociety.com 952-474-1601 MISSION STATEMENT The object of the society shall be the collection, preservation, and dissemination of knowledge about the history of the Westonka area and to relate it to the history of the State of Minnesota. SERVING CITIES OF Minnetrista, Mound, Spring Park, Orono, Minnetonka Beach BOARD OF DIRECTORS Jerry Babb, Vern Brandenburg, Jeanne Brustad, Sharon Corl, David Cross, Debi Tharalson-Heitz, Jeff Magnuson, Pam Myers, Nancy Oestreich, Mary Opheim, Ron Pauly, Mari-Lou Triebenbach, Liz Vandam JANUARY - JUNE 2015 BI-ANNUAL REPORT INCOME $ 22,483.00 EXPENSES 17,129.00 NET (PROFIT OR LOSS) $ 5,354.00 COLLECTIONS—Recent donations: *Desk from Lake Minnetonka home of Governor Horace Austin (1869) *White wicker table salvaged after fire from Hotel Del Otero, Spring Park (1945) *Molded display of pre-contact Indian mounds, Halsteads Bay (1883) EVENTS Monthly history talks: *Two generations of V & S Jewelers, Jeff Andersen *Ox Cart Angel’s author Joel Arnold *Tales of Saga Hills, Katie O’Connor Tours: *Hammer Residences, Wayzata *Mini-birds Thunderbird Car Club Misc: *Book Launch, Images of America: Lake Minnetonka *10,000 Lakes Concours d’Elegance *Sisters of Swing fundraiser VOLUNTEER HOURS—29,035 VISITORS--Museum visitors in 2014 totaled 445 individuals from 21 states, plus France and New Zealand. GRANTS--Legacy funds: evaluation of HVAC system in Centennial Building, home of history museum SERVICES TO THE COMMUNITY *Navarre night and book launch, Navarre *2nd annual Scavenger Hunt, Grandview Middle School, 6th graders *Tonka Toy Company Retirees Reunion *History boat tour and displays at Depot during Spirit of the Lakes Festival *History displays at Trista Day, in the Gillespie Center foyer and the Westonka Library OVERALL GOAL To provide a continuous history of the Westonka area for those who follow after us. Westonka History Museum Westonka Historical Society 5341 Maywood Road P.O. Box 84 Mound MN 55364 Mound MN 55364 Open Saturdays 10-2 And by appointment westonkahistoricalsociety.org Donation requested $3 952-472-9800 2015-2016 History talks Saturdays, 11:00-noon at Lake Minnetonka Shores (Presbyterian Homes) 4515 Shoreline Drive, Spring Park in the Chapel/Community Room (just to the right of the lobby) Oct 10 “A Little Local History,” Kathleen Marie, former reporter/producer for “Lake Country Currents” - videos from the early 1990s cable TV show Jan 9 “Indigenous inhabitants of our area of Hennepin County,” Dean Sather, Minnesota History Center, St. Paul Feb 13 “Product Design at Tonka Toys,” Ron Pauly - with a focus on his time there from Jan 1965 to Apr 1983 Mar 12 “Mathias S. Cook,” Mary McKenzie - Early settler, built hotel on bay which took his name, Cook’s Bay Apr 9 "Who Gets Grandma's Yellow Pie Plate?" Cathy Bailey – How to plan for the distribution of your non-titled property...your life treasures! May 14 “Boathouses of Lake Minnetonka,” Mary McKenzie, an introductory history of boathouses from the 1880s to today 8.2015 Date Application Received: 03-10-15 Date Application Considered as Complete: 09/16/15 60-Day Review Period Expires: 11/15/15 REQUEST FOR COUNCIL ACTION Date: 5 October 2015 Item No. 5 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc RJO Planning Title: Planner Item Description: #15-3725, Dale Gustafson o/b/o Douglas & Roban Smith ,4167, 4175 and 4195 Highwood Rd- CUP- Resolution Application Summary: The applicant is requesting a conditional use permit and setback variance (sub-grade structure within 75 feet of the lake) in order to allow installation of sub-grade retaining walls and grading to repair and stabilize the significantly eroded lakeshore slope. Plans for landscaping and engineering have been provided. Planning Commission Recommendation On September 21, 2015 the Planning Commission voted 6 to 0 in favor of recommending approval of the CUP and variance. Planning Staff Recommendation Planning Department Staff recommends approval conditioned upon incorporation of the recommendations of the MCWD and City Engineer. COUNCIL ACTION REQUESTED The City Council should consider adopting or amending the attached draft approval resolution. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Survey Exhibit C. Plans Exhibit D. PC Staff Report & Exhibits 09/17/15 Exhibit E. PC Action Notice Exhibit F. Draft PC Minutes 09/21/15 Date Application Received: 9/15/15 Date Application Considered as Complete: TBD 60-Day Review Period Expires: TBD REQUEST FOR COUNCIL ACTION Date: October 9, 2015 Item No.: 6 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron RJO Planning Dept. Title: Senior Planner ______________________________________________________________________________ Item Description: #15-3739/3786, George Stickney of BPS Properties, 300 Sixth Avenue N. - Final Plat - Adopt Final Plat Approval Resolution ______________________________________________________________________________ List of Exhibits A – Final Plat Application B – Final Plat Drawings C – Final Development Plans D – City Engineer Comment Letter 10/9/15 E – Draft Covenants F – Draft Final Plat Approval Resolution G – Draft Development Agreement H – Hennepin County Comment Letter I – Conservation Easement to MN Land Trust over Outlots A & C On July 27 the City Council adopted Resolution No. 6526 granting preliminary approval for an 11-lot plat of the property at 300 Sixth Avenue North. The Developer requests final plat approval in order to finalize the project and proceed. The Developer has completed or has agreed to complete all requirements established at preliminary approval in order to gain final plat approval. Issues for Consideration 1. Minnehaha Creek Watershed District approvals have not been received as of this writing, and are not expected to be finalized until October 22 at the earliest. This delay is the result of a request by the public that the MCWD board hold a hearing regarding the required MCWD approvals. MCWD staff have recommended approval of the project. City staff and City Engineer met with applicant, applicant’s engineer, and MCWD staff on Friday October 9 and concluded that remaining stormwater management plan and other engineering details can be finalized without affecting the final plat. A point for Council discussion is that 9 of the 11 lots are required establish a raingarden to accommodate a share of the overall development drainage. While the most likely locations for these have been depicted on the stormwater plans, it is possible that their locations will change once final house locations are chosen by individual owners. For this reason, drainage easements for these individual rain gardens have not been added to the plat drawings. Two options are presented for discussion: #15-3739/3786 – 300 Sixth Avenue North October 9, 2015 Page 2 a. Complete the basic design work now and establish within the final covenants and Development Contract that the rain gardens must be built at the time of house construction for each lot, and an appropriate easement be granted at that time before a Certificate of Occupancy is issued; or b. Require the rain garden easements be shown on the plat (requires a change to the mylars) and require the rain gardens to be built now, as they are an element of the overall plat drainage requirements, not just an element for that individual site. Staff would prefer Option b, because there is a risk that the rain gardens will be forgotten at the time of building permit issuance. The developer would prefer option a, because it allows the flexibility for house location and avoids having to extinguish an easement if the rain garden is never built in the easement location. Council is asked to make a determination as to how this issue should be resolved. 2. Hennepin County has granted approval for the two access locations along County Road 6, subject to revision of the turn lanes at the access across from North Ferndale Road. Final Hennepin County permits will be required before the plat is filed. 3. A group of neighbors has filed suit against the Developer, the MCWD and the City of Orono, asking the Court to temporarily and permanently enjoin the City Council from approving the final plat, and require the City to complete an EAW. The group was unsuccessful in obtaining a temporary restraining order. George Hoff on behalf of the League of Minnesota Cities is defending the suit. Hoff and City Attorney Soren Mattick have advised that the City Council may move forward on the application and that the lawsuit is not sufficient reason to delay adoption of final plat approval. PLEASE REVIEW THE DRAFT RESOLUTION, DEVELOPMENT AGREEMENT, AND COVENANTS. Staff and City Attorney have drafted the Resolution and Agreement, and the Developer’s attorney has drafted the Covenants. The Covenants have been reviewed by staff and the City Attorney and appear to address all topics required based on the Preliminary Plat Approval Resolution. A small number of minor revisions to these documents are anticipated prior to release of the plat for filing. It should be noted that the private road in Outlot E serving Lots 3 thru 8 is subject to private easement and maintenance covenants, as well as an underlying access easement to the City, all contained within the Developer’s covenant document. However, an easement for public access is not being granted, which makes this truly a private road as compared to most others created in Orono since the 1970s. This is a slight deviation from past practice. After discussion between staff and City Attorney, there is minimal if any risk to not requiring an underlying public easement when certain conditions exist. Those conditions exist here and include the following: - The private road being created does not have the potential to be extended to serve adjacent undeveloped properties; and #15-3739/3786 – 300 Sixth Avenue North October 9, 2015 Page 3 - The Developer has established covenants that require homeowner maintenance of the private road, yet allow the City to provide for maintenance if the homeowners do not do so, and to assess the homeowners for that work. Status of Conservation Easement: Outlots A and C. Exhibit I is the executed and filed Conservation Easement in favor of the Minnesota Land Trust over Outlots A and C, comprising approximately 45 acres which will remain undeveloped and protected by the provisions of the easement. Staff Recommendation The final plat approval resolution is drafted such that filing of the plat and associated documents with Hennepin County will not occur until all specific requirements of approval have been completed. MCWD permits have yet to be approved, with a MCWD Board hearing scheduled for October 22. This includes the City having in hand the issued MCWD permits, Hennepin County access permits, Letter of Credit and escrow, signed Development Agreement, signed covenants, etc. Staff recommends that the Council adopt the attached resolution, subject to staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents. COUNCIL ACTION REQUESTED Motion to amend or adopt the attached Resolution Granting Final Plat Approval for Subdivision of the Property Located at 300 Sixth Avenue North to be known as Mooney Lake Preserve - File #15-3739/3786. Date Application Received: 06/17/15 Date Application Considered as Complete: 07/15/15 120-Day Review Period Expires: 10/15/15 REQUEST FOR COUNCIL ACTION Date: 6 October 2015 Item No. 7 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc RJO Planning Title: Planner Item Description: #15-3761 – Ridge Creek Custom Homes – 4775 North Shore Dr – Vacation – Resolution Application Summary: The applicant is requesting vacation of the portion of “Lake Street” which abuts the southerly boundary of their property and is parallel and adjacent to the shoreline. “Lake Street” was dedicated within the plat of Bergquist’s and Wicklund’s Park, Hennepin County, Minnesota in 1889. In past actions the City has vacated many similar shoreline rights-of-way, while maintaining a strong stand against vacating those alleys or fire lanes that are perpendicular to the shoreline which would potentially provide public access to the lake from other rights-of-way further back from the lake. For example, the applicants’ property abuts a 30-foot dedicated roadway platted as Adams Street, which staff would not support vacating. Planning Commission Recommendation On September 21, 2015, 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 vacation as requested. Planning Staff Recommendation Staff recommends approval of the vacation of the requested portion of Lake Street. 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. Survey Exhibit C. PC Staff Report & Exhibits 09/21/15 Exhibit D. Draft PC Minutes 09/21/15 Date Application Received: 7/22/15 Date Application Considered as Complete: 7/22/15 120-Day Review Period Expires: 11/19/15 REQUEST FOR COUNCIL ACTION Date: October 7, 2015 Item No.: 8 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron RJO Planning Dept. Title: Senior Planner ______________________________________________________________________________ Item Description: #15-3770, Jon Norris & Catherine Morrison and Patrick & Melissa Mulheran, 460 Orchard Park Road (current property owner of record: Robert Roden) - Preliminary Plat Review ______________________________________________________________________________ Zoning District: RR-1A, One Family Rural Residential District (5 acres/300’ width) Property Area: 23.17 acres (Wetland: 7.01 ac. Dry: 16.16 ac.) Application Summary: This is a proposed subdivision to split the existing property into two building lots, to be served by a shared driveway. Both lots will be served by individual on-site sewage treatment systems and private wells. Planning Commission Recommendation: The Planning Commission reviewed this application and held a public hearing at its August 17 meeting, and voted 6-0 to recommend approval of the proposed 2-lot subdivision subject to a number of conditions. Staff Recommendation: Staff recommends approval subject to standard and specific conditions, and requests Council direction to prepare a resolution for Preliminary Plat Approval. List of Exhibits A – Revised Preliminary Plat Drawing and Driveway Plan B – Conservation Design Report C – Notice of Planning Commission Action dated August 21, 2015 D – Draft PC Minutes of August 17 Meeting E – Planning Commission Memo and Exhibits dated August 12, 2015 Lot Areas (all figures are approximate) Wetland (acres) Total Dry (acres) Total (acres) Lot 1 5.42 5.26 10.68 Lot 2 1.58 9.36 10.94 (Addition to 480 Orchard Pk Rd) Outlot A 0.00 0.16 0.16 (Shared Driveway) Outlot B 0.01 1.38 1.39 Total 7.01 16.16 23.17 Background The property consists of a single 23-acre parcel with a home, detached garage and a number of other accessory structures. Proposed Lots 1 and 2 shown on the survey are both quite irregularly shaped, due to the odd property shape, the location of wetlands, and in order to contain sufficient 15-3770 460 Orchard Park Road October 7, 2015 Page 2 dry buildable acreage within each lot while establishing desirable homesites and incorporating suitable sites for on-site sewage treatment systems. The property includes a considerable amount of delineated wetland in 4 distinct basins, scattered among low hills. Most of the property is open fields, with scattered trees near the homestead and along wetland edges. PLEASE REVIEW THE PLANNING COMMISSION MEMO & EXHIBITS Planning Commission Review Minutes of the August 17 Planning Commission meeting are attached. Planning Commission reviewed the proposal and found that it appeared to be compliant with code requirements, with the exception that the defined width of proposed Lot 1 as measured at the 100’ front setback line is approximately 110’ where 300’ is normally required. The practical difficulty for this variance is the shape of the underlying property, with its relatively minimal frontage on Orchard Park Road yet comprising over 23 acres in total area. Planning Commission voted 6-0 to recommend approval of the preliminary plat subject to the following: 1. Conservation Design Report must be submitted for review by staff prior to Council review of the application. (Conservation Design Report has now been submitted – see Exhibit B) 2. Applicant shall agree to construct the shared driveway as a development improvement rather than waiting for home construction to begin. 3. Address City Engineer comments and recommendations prior to Council review. (Revised plans – see Exhibit A – were submitted on October 5 but have not yet been reviewed by the City Engineer) 4. Adhere to recommendations of Fire Marshal as to individual driveway width and configuration. (See comments below) 5. Approval of the lot width variance for Lot 1. Topics for Discussion Wetland Impacts. The wetland boundaries have been confirmed by the MCWD. The applicants’ engineer has provided revised plans that detail the proposed wetland impacts of the proposed driveway to serve the residence on Lot 1. This access drive makes use of an existing field road, but its expansion to a 10-12’ width will require some filling of wetland and establishment of an appropriately-sized culvert. This will require review and approval by the Minnehaha Creek Watershed District, and may require mitigation. The proposed shared driveway as well as the driveway for Lot 1 appear to encroach the required 35’ City wetland setback for structures and hardcover in a few areas, due to the wetland locations. Where feasible, the driveway should be adjusted to meet the 35’ setback; where not feasible, a variance to that setback would appear to be necessary. 15-3770 460 Orchard Park Road October 7, 2015 Page 3 Proposed Buildings. The revised preliminary plat drawing indicates potential locations for proposed pole barns on each Lot. In both cases the proposed barns would be located nearer to Orchard Park Road than the residence structure, requiring a variance to the zoning code provisions that do not allow accessory structures nearer the road than the principal structure. In both lots, the principal structure is proposed to be near the rear of the property. Council should discuss whether those variances might be supported if applied for. The proposed pole barn location in Lot 1 appears to be sandwiched between the road and the wetland setback. The feasibility of this location for a pole barn is questionable depending on the size of that building. Because an undeveloped platted 33’ road corridor, abuts the rear of both lots, staff reviewed the zoning definition of ‘through lot’ to determine whether these lots would be considered as such. If so, the accessory barns would have to meet principal structure setbacks (100’ front & rear, 50’ sides). The proposed barn location on Lot 1 would not meet a 50’ side setback as drawn. However, the definition of through lot is based on having streets at either end; the definition of a street is a dedicated public right-of-way “not less than 50’ in width which affords a primary means of access to abutting property”. It would be a reasonable conclusion that the undeveloped 33’ rear road corridor does not provide primary access to abutting properties, and therefore these cannot be considered as through lots. Driveway Access. Access to both lots is via a shared 20’ driveway in Outlot B, branching off to two individual driveways. The corridor created by Outlot B at 90’ in width is extremely wide as compared to the typical 30-50’ outlot for a shared driveway. It appears that the extra width is necessary to accommodate the topography and wetlands and allow for a somewhat curvilinear driveway without creating a more complex outlot configuration and description. The northerly driveway branch for Lot 1 appears to be the only viable location for a driveway. In addition to the wetland impacts noted above, this driveway will require a variance to the City’s 5’ lot line setback to driveway requirement, and needs to provide for the appropriate floodplain and drainage management facilities. Further review by the City Engineer and MCWD is anticipated. The driveway length for Lot 1 extending from the point at which the shared driveways converge is approximately 900 feet. Fire Chief Van Eyll has indicated that if the house is sprinkled (fire suppression sprinklers) that driveway can be as narrow as 12’. It is proposed at 10’, which will have to be expanded to 12’. If the house is not sprinkled, the driveway should be 20’ in drivable width wherever it can be made that wide. In either case, a loop should be incorporated into the driveway near the house for emergency and service vehicle maneuverability. Conservation Design. The Conservation Design Report (Exhibit B) describes the existing landscape as “a mixture of grassland, wetland and small woodlots around the homestead and between fields”. With the homes being proposed quite far from Orchard Park Road and the use of the shared driveway, views into the site will continue to reflect the rural character typical of the 5-acre zone. The Conservation Design Master Plan indicates the proposed development will maintain wetland characteristics and existing drainage patterns. The proposed Vegetation Management Plan discusses procedures for management of invasive species that are scattered through the property. 15-3770 460 Orchard Park Road October 7, 2015 Page 4 It is noted that most trees on the property are healthy but are mostly non-significant undesirable species. There are no areas of the site that contain defined ‘significant tree stands’, as this is primarily open field. Removal of dead trees will occur in late autumn and early spring. Additional detail regarding conservation design is found in the report. Landscaping. Council should consider whether there is a need to provide for any additional plantings or a landscape plan, given that the development is limited to two homes on 23 acres using a single shared driveway. If this was a formal private road rather than a driveway, the Subdivision Code would require 1 tree per 40’ of frontage. City Engineer Comments. The City Engineer provided general and detailed comments prior to Planning Commission review and the applicant has submitted revised plans addressing many of those comments; however, the revised plans were received too late to be reviewed by the Engineer, so that review will be forthcoming. Outlot A. Outlot A is a small tract being platted as a potential future on-site sewage treatment system site for the adjacent property at 480 Orchard Park Road, which is not part of this subdivision. Because 480 is such a small lot, applicants have agreed to staff’s request to provide this outlot for potential acquisition by the owner of 480. Summary of Issues for Discussion 1. Council should review the Conservation Design materials and determine whether there are any potential concerns. 2. Council should review whether a formal landscaping plan is required. 3. Council is asked to confirm whether the necessary lot width variance for Lot 1 is acceptable, and whether wetland impacts as described are acceptable such that approvals for those impacts will be granted. 4. Council should discuss whether the location variances for the proposed pole barns located closer to the street than the principal residences, might be supported if applied for. 5. Are there any other concerns that need to be addressed? Staff Recommendation If Council determines that the proposed subdivision is acceptable as presented and per the discussion above, and subject to the pending review by the City Engineer, staff will prepare a resolution for preliminary plat approval incorporating general and specific conditions of approval for Council consideration at the October 26 meeting, COUNCIL ACTION REQUESTED Review the attached materials and consider whether all issues of concern have been addressed. Provide staff with direction for moving forward, which may include requesting additional information, or directing staff to prepare a Preliminary Plat Approval resolution for consideration. Date Application Received: 7/22/15 Date Application Considered as Complete: 7/22/15 120-Day Review Period Expires: 11/19/1 REQUEST FOR COUNCIL ACTION Date: October 8, 2015 Item No.: 9 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron RJO Planning Dept. Title: Senior Planner ______________________________________________________________________________ Item Description: #15-3774, Michael Steadman o/b/o Irwin Jacobs, 1700 Shoreline Drive - Preliminary Plat ______________________________________________________________________________ Zoning District: LR-1A, One Family Lakeshore Residential District (2 acres/200’ width) Property Area: 31.0 ac. (Wetland: 7.56 ac. Dry: 23.44 ac.) Application Summary: The proposal is to split off 3 new 2-acre building sites from the northerly portion of the 31-acre property, to be accessed via an extension of Heritage Lane. The new lots would be served with municipal sewer and private wells. Planning Commission Recommendation: At its August meeting Planning Commission tabled the application on a vote of 6-0, and provided the applicant’s representative with a number of recommendations for actions and information to provide prior to the continuation of the review on September 21. At the September 21 meeting, Planning Commission voted 6-0 to recommend approval of the application subject to a number of conditions. Staff Recommendation: Staff recommends approval of the preliminary plat with conditions as noted in this memo. Direct staff to draft a resolution for preliminary plat approval subject to appropriate conditions, for Council review. List of Exhibits A – Revised Preliminary Plat Drawings B – Construction Road Impacts Sketch by Applicant C – Applicant’s Powerpoint Presentation Materials 9/21/15 D – Notice of Planning Commission Action 9/24/15 E – PC Minutes of August 17 (Final) and September 21 (Draft) F – Planning Commission Memo and Exhibits dated 9/17/15 PLEASE REVIEW THE PLANNING COMMISSION MEMO & EXHIBITS OF 9/17/15 Background This property, one of Orono’s few remaining large lakeshore estates, consists of approximately 31 acres, bordered on the north by Tanager Lake and the Dakota Rail Trail, and on the south by County Road 15 (Shoreline Drive) and Smith’s Bay of Lake Minnetonka. The owner has chosen to split off three new 2-plus acre lakeshore residential lots, each with frontage on Tanager Lake. The existing residence and accessory buildings will remain with approximately 13 acres of dry buildable land which could be further subdivided in the future. 15-3774 - 1700 Shoreline Drive October 8, 2015 Page 2 All 3 new lots are proposed to be accessed via an extension of Heritage Lane, a public road extending from County Road 15. The property was added to the Metropolitan Urban Service Area (MUSA) in 2001 in order to allow the installation and use of municipal sewer. All 3 new lots are intended to be served with municipal sewer and private wells. Proposed Lot Areas (all figures are approximate) Wetland (acres) Total Dry (acres) Total (acres) Lot 1 0.23 3.36* 3.59 Lot 2 0.06 2.13 2.19 Lot 3 0.04 3.42 3.46 (Existing residence) Lot 4 7.23 12.91 20.14 Proposed Cul-de-sac Public R-O-W 0.00 0.24 0.24 Existing CR15 R-O-W & Lakeshore 0.00 1.38 1.38 Total 7.56 23.44 31.0 * Includes 0.16 ac stormwater pond to be constructed Planning Commission Review Please review the memo and exhibits from the September 21 Planning Commission meeting, attached as Exhibit E. That memo describes the concerns expressed by the Foxhill neighborhood in August primarily regarding access to the site during construction of the road & cul-de-sac extension and other site improvements, as well as during actual home construction. The memo also enumerates the applicant’s proposed measures to alleviate those concerns. A summary of the access discussions appears below. For more detail of the discussions, please review the minutes of the August and September PC meetings attached as Exhibit E. Planning Commission on September 21 voted 6-0 to recommend approval of the preliminary plat subject to the following conditions: 1) Parking area for construction vehicles shall be established within the property. No construction parking to be allowed on Heritage Lane. Signage must be provided to advise contractors of the parking limitations. 2) Construction hours to be restricted to 8:30 a.m. to 4:30 p.m. Monday through Saturday, with no construction allowed on Sundays. Signage to this effect to be posted. 3) Street cleaning of Heritage Lane to be conducted on a daily basis, end of the day. Planning Commission also recommended the following: - City Engineer to have safety expert provide a review of traffic safety issues and address safety concerns such as ingress/egress to Shoreline Drive, speed of construction traffic on Heritage Lane, etc. (As of this writing the City Engineer has been asked to provide a traffic expert to review and comment on the traffic issues and safety concerns.) - Applicant encouraged to work with Foxhill Homeowners to reach mutually acceptable parameters for managing the development impacts of this project. 15-3774 - 1700 Shoreline Drive October 8, 2015 Page 3 Construction Access Review Summary Heritage Lane was originally platted as a public road in 1965 and has since been maintained by the City. Save for two vacant lots near the existing cul-de-sac, all Foxhill lots have been developed for many years and the Foxhill neighborhood enjoys a quiet existence with a fairly narrow (24’) road and mature trees and landscaping. Lots 1-3 are proposed to be accessed via a public road extension of Heritage Lane, which was originally platted to the subdivision boundary in anticipation of extending to serve the Jacobs property. The Planning Commission was asked to review whether there are any reasonable alternatives for access to the new lots, given the length and design of the existing road. The Foxhill neighborhood at both public hearings has expressed major concerns about the disruption due to construction of the road and cul-de-sac extension as well as the ongoing disruption over the following years due to new home construction. They requested that access from the south, directly from Shoreline Drive through the Jacobs property, be explored. To that end, after the first public hearing the applicant’s engineer provided details as to the impacts of establishing such a corridor, at least for the construction process. This information was reviewed by City staff and the City Engineer as well as the Planning Commission (see Exhibit B). The topographic constraints of the site would appear to preclude the feasibility of a functional construction road corridor connecting from the proposed cul-de-sac uphill to Lot 4. The steep slopes and damage to the woods that would be caused by such a road would appear to make such a connection undesirable if not dangerous for construction traffic. The unimproved portion of platted Heritage Lane is heavily vegetated and contains a small wetland. The road extension will require filling of the wetland, stormwater management facilities, and retaining walls to avoid encroaching outside the existing 50’ platted road corridor. It is possible that temporary easements from the adjoining property owners may be necessary in order to construct the road and walls. Additional Topics for Review Grading of Building Pads The applicant has discussed with staff how the City determinations of building height and number of stories (limited to 30 feet and 2-1/2 stories) rely on the use of existing grades. As a result, the revised grading plan shows that Lots 1 and 2 are proposed to be graded to create building pads and establish new existing grades as part of the development improvements. These grades likely will not be established until homes are being constructed. Conservation Design An updated Conservation Design Report was submitted prior to the September PC meeting and is included in the exhibits of the September PC packet. A brief summary of the Conservation Design Master Plan is as follows: - Existing drainage patterns will generally be maintained. - Wetlands will be preserved and buffered, with the exception of the small wetland within the Heritage Lane right-of-way, which will be highly impacted. - A vegetation management plan for the invasive species observed onsite will be implemented. 15-3774 - 1700 Shoreline Drive October 8, 2015 Page 4 - Tree Preservation Areas along the perimeter of the site will be established, also including the defined bluff areas. The trees existing on the subject parcel range from poor to good health. The majority appear to be in good health. Dead trees will be removed from the lots if they are within grading areas or if they pose a safety hazard. Other protective measures include the review of any home building plans by an architectural review committee in order to minimize tree loss. Perimeter areas around the wetlands are protected by MCWD required wetland buffers. - There will be 110 trees removed for the construction of the extension of Heritage Lane and the new cul-de-sac. Within individual lots, tree clearing will be avoided to the extent possible, but due to the lots being located within the maple basswood forest, a certain amount of tree clearing will be unavoidable. Building pad footprints have been selected to take advantage of natural clearings and existing flat grades whenever possible. When clearing is required, removal will first focus on undesirable tree species. Any significant trees that are removed will be replaced at the required ratio and all work will abide by any Orono city code regarding tree replacement. - Due to the proposed house locations within the maple basswood forest, all positive views will remain, with the residences protected from view by the large trees. The rolling hills onsite will further assist with the protection from negative views. Existing Cul-de-sac. The City Engineer has suggested that the existing cul-de-sac at the end of Heritage Lane be removed upon completion of the extension. There are a number of factors to be considered: 1) the dedicated right-of-way for the cul-de-sac circle appears to contain utilities that may require future vehicle access; 2) removal would likely require revisions to neighboring driveways; 3) it may be appropriate for the neighborhood to weigh in on the pros and cons of removing the ‘wings’ of the cul-de-sac, and who would pay for that work; and 4) for ownership of the land under the ‘wings’ to revert back to the adjacent owners would require a street vacation process. Park Dedication. As no new parks are proposed for this area of the city, the Park Dedication Fee will be for 3 new lots at $5,550 per lot or a total of $16,650. Storm Water & Drainage Trunk Fee. The property will be subject to the Stormwater and Drainage Trunk Fee, resulting in a fee for 3 lots @ $7680/lot = $23,040. Lot 4 which is further subdividable will not be charged the stormwater fee at this time. Stormwater Management. Creation of the public road extension will require stormwater management measures, and those proposed include a stormwater pond located within Lot 1 as well as road curbing and stormsewer piping to convey runoff to the pond. The initial stormwater management plans were reviewed by the City Engineer and a number of concerns raised, many of which have been addressed in the revised plans, which are under review by the City Engineer. All stormwater management shall also be subject to MCWD requirements and approvals. 15-3774 - 1700 Shoreline Drive October 8, 2015 Page 5 Sewer Connection Charges. As the Developer will be extending the existing sewer lines at his expense, a question as to whether a sewer connection charge should be imposed has not yet been discussed. The current sewer connection charge for units connecting into the 1998 Shoreline/Heritage sewer project is $22,440 per unit. Sewer connection charges have on occasion been waived when the developer at his cost is extending the sewer system to serve a new development. Staff believes further research into past practice is required before reaching a conclusion on this matter. Summary of Issues for Council Discussion 1 Does Council have any concerns regarding the proposed road width, length and design? 2. Council should review the Conservation Design materials in the PC packet and determine whether there are any potential concerns. 3. Has the Developer adequately addressed the concerns of the Foxhill neighborhood to the Council’s satisfaction regarding the impacts of the road and home-building construction process? 4. Does Council have a position regarding whether the existing cul-de-sac should remain or be removed, or should this be subject to further review by Public Works? 5. Should a sewer connection charge be imposed? 6. Are there any other issues or topics that need to be addressed? Staff Recommendation If Council determines that the proposed subdivision is generally acceptable as presented and per the results of the above discussion, staff will prepare a resolution for preliminary plat approval incorporating appropriate general and specific conditions of approval for Council consideration at an upcoming meeting. COUNCIL ACTION REQUESTED Review the attached materials and consider whether all issues of concern have been addressed. Provide staff with direction for moving forward, which may include requesting additional information, or directing staff to prepare a Preliminary Plat Approval resolution for consideration. Date Application Received: 07/22/15 Date Application Considered as Complete: 07/22/15 120-Day Review Period Expires: 11/19/15 REQUEST FOR COUNCIL ACTION Date: 6 October 2015 Item No. 10 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc RJO Planning Title: Planner Item Description: #15-3775, Jeffrey and Brenda Zitzloff, 1380 Briar Street – Variances - Resolution Application Summary: The applicant is requesting rear and front setback variances to allow construction of a new residence. Lot area and lot width variances are also requested. The property is 14,000 square feet or 0.24 acre in area and has 160 feet in width where 2.0 acres in area and 200 feet in width are required. The home is proposed to meet the 30 foot side yard setback on the north side at 55 feet and on the south side at 49 feet; a pool in a conforming location is also proposed. The proposed home is proposed to be situated 20 feet from the rear lot line, 22 feet from the front lot line where 50 foot setbacks are required. All other zoning requirements will be met. Planning Commission Recommendation On September 21, the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing and comments from the public, the Commission voted 6 to 0 on a motion in favor of approving the variances. 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. PC Staff Report & Exhibits 09/17/15 Exhibit E. Draft PC Minutes 09/21/15 Date Application Received: 08/14/15 Date Application Considered as Complete: 08/28/15 60-Day Review Period Expires: 10/27/15 REQUEST FOR COUNCIL ACTION Date: 6 October 2015 Item No. 11 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc RJO Planning Title: Planner Item Description: #15-3778, Todd Balan, 2905 Casco Point Road, Variance – Resolution Application Summary: The applicant is requesting a hardcover variance in order to construct a new, detached garage over existing nonstructural hardcover which exceeds 25%. No net hardcover increase is proposed. Planning Commission Recommendation On September 21, 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 in favor of approving the variance. 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. PC Staff Report & Exhibits 09/17/15 Exhibit E. Draft PC Minutes 09/21/15 Date Application Received: 8/17/15 Date Application Considered as Complete: 8/20/15 60-Day Review Period Expires: 10/19/15 REQUEST FOR COUNCIL ACTION Date: October 8, 2015 Item No.: 12 ______________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron RJO Planning Dept. Title: Senior Planner ______________________________________________________________________________ Item Description: #15-3779, Ken Jenson o/b/o Trinity Lutheran Church, 2060 Sixth Ave. N. - Variance & Conditional Use Permit - Resolution ______________________________________________________________________________ Zoning District: RR-1B, One Family Rural Residential District (2 acres/200’ width) Property Area: 5.23 acres Application Summary: The applicant is requesting variance and conditional use permit approvals for a new electronic readerboard monument sign to replace the existing monument sign. Planning Commission Recommendation: The Planning Commission reviewed this application and held a public hearing at its September 21 meeting, and voted 5-0 to recommend approval of the sign as proposed, subject to the interval between message changes be no less than 8 seconds. Staff Recommendation: Staff recommends approval per the Planning Commission recommendation. A Resolution for approval is attached for Council consideration and adoption. COUNCIL ACTION REQUESTED Motion to adopt or amend the attached resolution entitled A Resolution Granting Variances to Municipal Zoning Code Section 78-1467(1)(C) and a Conditional Use Permit pursuant to Municipal Zoning Code Section 78-418(4) - File No. 15-3779. List of Exhibits A – Resolution for Adoption B – Notice of PC Action 9/24/15 C – Draft PC Minutes of 9/21/15 D – Planning Commission Memo and Exhibits dated 9/17/15 Date Application Received: 08/19/15 Date Application Considered as Complete: 08/21/15 120-Day Review Period Expires: 12/19/15 REQUEST FOR COUNCIL ACTION Date: 8 October 2015 Item No. 13 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis mcc RJO Planning Title: Planner Item Description: #15-3781, Stonewood LLC., o/b/o Harry & Belle Yaffe, 3185 Casco Cir, Variances Application Summary: The applicant is proposing to construct a new single family home on the property which is substandard in area and width. They are requesting an average lakeshore setback variance in order for a four season porch to encroach. Lot area and lot width variances are also requested. The applicant’s original request reflected a 7.5-foot encroachment into the average lakeshore setback. The applicant verbally revised their request at the Planning Commission meeting to comply with the appeal of the neighbor at 3195 Casco Circle, who also attended the Planning Commission meeting. The revised request at that time reflected simply moving the home back toward the street 1.5 feet lessening the average lakeshore setback encroachment, however introducing a new rear setback variance to the mix. For the Council’s consideration, the applicant has provided revised plans which reflect a 6-foot encroachment into the average lakeshore setback and no rear setback variance. The encroachment is limited to the 13’ x 16.5’ four season porch. There is a proposed patio area on the lakeside of the four season porch; the patio detail has been clarified since the Planning Commission’s review. The 6’ encroachment reduces the existing condition. Planning Commission Recommendation On September 21, 2015, the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing with public comments, the Commission voted on a motion in favor of approval of the variance as modified – lot area, lot width, a 28.5-foot rear setback variance and a 6 foot encroachment lakeward of the average lakeshore setback line. This motion failed 3 to 3. The Council should refer to the draft minutes from this meeting for greater detail. Planning Staff Recommendation Staff recommends approval of the lot area and lot width variances. If the Council determines there are practical difficulties supporting the average lakeshore setback variance, a motion for approval may be appropriate. Staff further recommends that the two parcels be combined prior to issuance of a building permit. COUNCIL ACTION REQUESTED Council should consider the applicant’s revised request and direct staff to draft a resolution reflecting the Council’s decision. List of Exhibits: Exhibit A. Proposed Survey - Revised Exhibit B. Proposed Plans & Elevations – Revised Exhibit C. Revised Applicant Statement w/ Photos Exhibit D. Revised Hardcover Calculations Exhibit E. 60-Day Extension Exhibit F. PC Staff Report & Exhibits 09/15/15 Exhibit G. Draft PC Minutes 09/21/15 Exhibit H. Neighbor Comments 401 Groveland Avenue Minneapolis, Minnesota 55403-3219 Telephone: (612) 871-1800 Fax: (612) 871-7869 Web: www.mulliganbjornnes.com Of Counsel Writer’s Direct Dial: (612) 879-1822 chuntley@mulliganbjornnes.com October 8, 2015 BY E-MAIL ONLY City of Orono Attn: Melanie Curtis Orono Planning Commission 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 RE: Variance Request – Application #15-3781 for the Property Located at 3185 Casco Circle (the “Property”) (Stonewood LLC and Belle and Harry Yaffe) Our File No. 7112.00 Dear Ms. Curtis: I represent Deborah Callahan who owns the house located at 3195 Casco Circle, which house is located to the east of the subject Property. I understand that the above referenced variance request is on the agenda for the City Council meeting for the City of Orono for next Monday, October 12. My client has requested that I submit to you this letter requesting that the decision on whether the variance should be approved or denied be postponed to the next City Council meeting so that my client will have the opportunity to review the current plans and determine whether she has any objections to the granting of the variance. As you can see from the correspondence that is included with your report, Ms. Callahan has been working with the owners of the Property to determine whether she has any issues with the proposed location of the construction of the home on the Property and she would like to accommodate the Yaffes’ request. However, the exact proposed location of the home has changed over time and it is unclear based on the survey of the Property where the home will be located relative to Ms. Callahan’s home. Ms. Callahan has discussed this issue with the Yaffes and has expressed her desire that the proposed location be staked by the surveyor so that she has a better understanding of the proposed location. The Yaffes have agreed to engage the surveyor to do so, but this has not been done yet and Ms. Callahan left the country for travel yesterday evening. She will therefore not have sufficient information to make a determination as to whether the proposed house location will affect her property. She notes that the current plans call for a house that is closer to her house than the existing house and that the height of the new City of Orono Our File No. 7112.00 October 8, 2015 Page 2 Letter to Orono City Council (100815) v 1.docx house will exceed the height of the existing house. Both of these aspects of the house may affect Ms. Callahan’s lake view and would therefore be objectionable. If they do not, Ms. Callahan could likely be willing to support the variance. Note also that the applicant has claimed that the variance is necessary as granting it would alleviate a demonstrable difficulty, the difficulty being the existence of a fireplace and patio on Ms. Callahan’s property. Neither of these structures affect the applicants view in any way as is apparent from the pictures that are included with your report. These structures only obstruct the view of trees and shrubs located on Ms. Callahan’s property. Further, delaying the decision on the approval or denial of the variance will not detrimentally affect the Yaffe’s project as they will still be able to request their building permits. For the reasons set forth above Ms. Callahan requests that the City Council delay its decision so that Ms. Callahan can make a more educated decision as to whether she can grant her support to the variance. Very truly yours, Christopher Huntley CH/ cc: Deborah Callahan (dcallahan1950@gmail.com) City Attorney (SMattick@ck-law.com) Council Members (lmcmillan@ci.orono.mn.us; jcornickjr@ci.orono.mn.us; llevang@ci.orono.mn.us; aprintup@ci.orono.mn.us; dwalsh2@ci.orono.mn.us) Date Application Received: 8/19/15 Date Application Considered as Complete: 9/14/15 120-Day Review Period Expires: 1/12/16 REQUEST FOR COUNCIL ACTION Date: October 8, 2015 Item No. 14 ____________________________________________________________________________ Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron RJO Planning Title: Senior Planner _____________________________________________________________________________ Item Description: #15-3782, Robert & Monique Kantor and Stephen Otto - 2165 & 2185 Watertown Road - Subdivision: Lot Line Rearrangement - Resolution _____________________________________________________________________________ Zoning District: RR-1B Single Family Rural Residential, 2.0 acre/200’ Application: This is a subdivision for a lot line rearrangement resulting in detachment of a 0.70 acre parcel from 2165 Watertown Road and re-attachment to 2185 Watertown Road. Planning Commission Recommendation: Planning Commission at its September 21 meeting voted 6-0 to recommend approval. Summary The Kantors (2165 Watertown) are preparing to sell their home and they have agreed to sell Steve Otto (2185 Watertown) a portion of their property. The result will be that 2165 remains a conforming lot with 2.00 acres of dry buildable land exclusive of the various vehicular access easements through the property, and 2185 will gain 0.70 acres, increasing its total area from the existing 1.00 acres to 1.70 acres of which 1.50 acres is dry buildable. Per standard City practice, since the ‘before’ condition is two building sites, and the ‘after’ condition is two building sites, no park fees and no stormwater trunk fees will be due. Septic testing has been completed which confirms that the Kantor parcel will continue to have the required two on-site sewage treatment sites after the lot line rearrangement. For additional information, please review the Planning Commission Memo and Exhibits. Staff Recommendation Staff recommends approval of the lot line rearrangement. The property owners will be required to file new deeds based on the new legal descriptions. Staff will work with the property owners and the City Attorney to ensure that the necessary documents are prepared and filed. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the attached resolution approving the lot line rearrangement. List of Exhibits A – Resolution B – Notice of PC Action 9/25/15 C – Draft PC Minutes 9/21/15 D – PC Memo & Exhibit dated 9/16/15 REQUEST FOR COUNCIL ACTION DATE: 12 October 2015 ITEM NO: 15 _____________________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart RJO Planning Department Report Title Community Development Director _____________________________________________________________________________________ Item Description: #15-3783, John T. Bessessen/ David Delany, 2465 Shadywood Road and 2500 Kelly Avenue, Sketch Plan _____________________________________________________________________________________ List of Exhibits Planning Commission packet dated September 21, 2015 Revised plan Neighborhood comments Planning Commission draft minutes Purpose. The applicant seeks Council input on a proposed 24 unit, single family neighborhood at 2465 Shadywood Rd and 2500 Kelly Avenue. Lots range in width from 40 feet to 70+ feet. Background. The attached Planning Commission packet illustrates the most recent background, including Councils denial of a twin home project in April. The Planning reviewed the project on September 21. The staff report and minutes are provided. The Planning Commission commented on the density, access onto Kelly Avenue and traffic in general, and visibility of buildings on Kelly Avenue. During the Planning Commission meeting and since, staff has received a number of calls and emails, all in opposition to the proposed development. The callers are concerned with the proposed density, view into the wooded areas being impacted, and the access onto Kelly Avenue. Emails received are attached. The applicant has altered his plan since the Commission meeting, removing the access onto Kelly Avenue. The Fire Marshal did not have immediate concern with the removed access, but noted a turnaround of some sort will be required at the north end of Delany Ave. There is no vehicular connection onto Kelly Ave. The county has not approved the drive configuration, staff will look to coordinate the access location with other existing and anticipated drives in the area, on both sides of Shadywood Drive. COUNCIL ACTION REQUESTED: Council is asked to comment on the proposed plan. Date Application Received: 19 August 2015 Date Application Considered as Complete: 19 August 2015 120-Day Review Period Expires: 19 December, 2015 To: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator From: Jeremy Barnhart, Community Development Director Date: September 21, 2015 Subject: #15-3783, John T. Bessessen/ David Delany, 2465 Shadywood Road and 2500 Kelly Avenue, Sketch Plan Public Hearing List of Exhibits Exhibit A. Application Exhibit B. Applicants narrative Exhibit C. Survey Exhibit D. Proposed Plans Exhibit E. Renderings of housing style Exhibit F. Resolution of denial Background In April 2015, the City Council denied a plat application for 8 dwelling units on 3 ± buildable acres. The homes were to be constructed in twin home structures. The Council felt that the density of 2.7 units per acre was inconsistent with the lower density of the neighborhood and development of twin homes on the property would be incompatible with primarily single family residential character of the neighborhood because of the massing of the twin homes. The resolution of denial is attached for reference. Proposal Based on this feedback, the applicants propose development of a 24 unit single family neighborhood on approximately 5.93 acres. A large easement impacts the lot adjacent to Kelly Avenue, reducing the effective buildable area to approximately 4.34 acres. Access to the lots will be provided by two streets with entrances off of Kelly Avenue to the Northwest, and one off of Shadywood Road. A carded gate system is proposed at Kelly Avenue to manage cut through traffic from/to Shadywood. A trail along Shadywood Road is proposed, as is a path to Lydiard Beach along the southern edge of the property. Approval of the intersection from Hennepin County has not yet been obtained. The applicants propose housing in three tiers. 12 smaller lots (40 feet wide) closer to Shadywood give way to 6 medium (50 feet wide ) and ultimately 6 larger lots (60 feet wide) along proposed Delaney Drive, and the wetland adjacent to Kelly Avenue. The houses nearer Shadywood will employ rear garages and a shared driveway, to minimize garage door appearance on the street. Application Summary: The applicant is requesting Planning Commission feedback of a proposed sketch plan for a 24 unit single family residential development Staff Recommendation: Planning Department Staff recommends the Planning Commission provide non-binding feedback on the project. #15-3783 September 21, 2015 Page 2 of 2 The applicant anticipates a variety of garage orientation for the remaining 12 lots. The applicant has provided renderings of the proposed houses, attached. Conformity with 2010 - 2030 Orono Community Management Plan The density numbers below reflect the effective buildable area, excluding the wetland and the easement area. The Community Management Plan (CMP) identifies 2 land uses for the subject property. The portion of the project adjacent to Kelly Avenue is Low-Medium Density residential at 2-3 units per acre. The portion along Shadywood is proposed as Mixed Use Residential, with density at 6-15 units per acre. The proposed plan provides housing at 4 units per buildable acre adjacent to Kelly Avenue, and 8.9 units per acre adjacent to Shadywood. The proposed subdivision does not conform to the CMP for the Kelly Avenue parcel, but does conform for the Shadywood parcel. The density proposed is 4.34 units per acre for the project overall. Relationship to Surrounding Development On the southwest side of Kelly Avenue are single family homes. Lots range in size between 0.9 and 2.9 acres. The Planning Commission should discuss if the lot sizes (likely in the 1.2 acre range for the largest along Kelly) are appropriate. Conformity with Zoning District Lot Requirements Currently, the parcel adjacent to Kelly Avenue is zoned LR1-B (1 acre minimum). The parcel adjacent to Shadywood is zoned B-4 Office/ professional. The proposal is not consistent with either of the current zoning. The applicant intends to develop the project as a PUD. Analysis of the PUD requirements have not been completed, pending Planning Commission and City Council feedback on the sketch plan. General Site Characteristics The site to be platted is currently two parcels totaling 5.93 + acres. A large wetland timbered area can be found along Kelly Avenue. A wetland delineation has been conducted and approved by the Minnehaha Creek Watershed District (MCWD); the delineated wetlands have been shown on the survey. The property has areas of existing woods throughout the property. Tree preservation easements could be considered at the time of final plat. The wetland area serves as an important link for control of storm water from the top of the hill as it works its way toward the Lake. Future plans will need to accommodate this water, as well as any additional water generated from the development. Public Comments There is no public hearing for a sketch plan; no comments for or against the project have been received. Issues for Consideration 1. Does the Planning Commission find that the proposed density is appropriate for the area 2. Is the traffic pattern appropriate for the neighborhood 3. Are the housing styles appropriate for the neighborhood? 4. Are there any other issues or concerns with this application? Scale: 1”=25’Orono Navarre Development: Phase One N 25’ 5 0 ’ 7 5 ’ 0’ Dela n e y D r i v e Con s e r v a t i o n Z o n e Wetl a n d Kelly A v e n u e P P a a t t h h t t o o B B B B B B B e e a a c c h h Future TrailShadywood Road 30 ’ x 3 0 ’ h o u s e , 7 0 ’ l o t 30 ’ x 2 7 ’ h o u s e , 5 0 ’ l o t 30 ’ x 2 5 ’ h o u s e , 4 0 ’ l o t MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 10 11. #15-3783 JOHN BESSESEN ON BEHALF OF DAVID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY AVENUE, SKETCH PLAN, 10:33 P.M. – 11:25 P.M. John Bessesen, Applicant, was present. Barnhart noted in April of 2015, the City Council denied a plat application for eight dwelling units on 3-plus buildable acres. The homes were to be constructed as twin home structures. The Council felt that the density of 2.7 units per acre was inconsistent with the lower density of the neighborhood and development of twin homes on the property would be incompatible with primarily single-family residential character of the neighborhood because of the massing of the twin homes. The applicants are now proposing development of a 24 unit single-family neighborhood on approximately 5.93 acres. A large easement impacts the lot adjacent to Kelly Avenue, reducing the effective buildable area to approximately 4.34 acres. Barnhart noted this is a sketch plan review and the project would require a rezoning of the property. Access to the lots will be provided by two streets with entrances off of Kelly Avenue to the northwest and one off of Shadywood Road. A carded gate system is proposed at Kelly Avenue to manage cut through traffic from/to Shadywood. A trail along Shadywood Road is proposed, as is a path to Lydiard beach along the southern edge of the property. Approval of the intersection from Hennepin County has not yet been obtained. The applicants propose housing in three tiers. Twelve smaller lots, 40 feet wide, closer to Shadywood give way to six medium *50 feet wide) and ultimately six larger lots (60 feet wide) along proposed Delaney Drive and the wetland adjacent to Kelly Avenue. The houses nearer Shadywood will employ rear garages and a shared driveway to minimize garage door appearance on the street. The applicant anticipates a variety of garage orientation for the remaining 12 lots. On the southwest side of Kelly Avenue are single-family homes. Lots range in size between 0.9 and 2.9 acres. The Planning Commission should discuss if the lot sizes are appropriate. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 10 In addition, the parcel adjacent to Kelly Avenue is zoned LR1-B which has a one acre minimum. The parcel adjacent to Shadywood is zoned BB-4 Office/Professional. The proposal is not consistent with either of the current zoning. The applicant intends to develop the project as a PUD. An analysis of the PUD requirements has not been completed at this point and is dependent on Planning Commission and City Council feedback on the sketch plan. Tom Wasmoen stated after the April meeting, they sat down with City Staff and Mayor McMillan and talked about a plan that would meet the Metropolitan Council’s requirements for density and a plan that the City could support. Some of the other improvements include incorporating the piece out to Shadywood, which will create more of a buffer for the residential area. Wasmoen noted the feedback initially at the City Council meeting was no big houses or multiple housing. The thought with this development is by doing the 12 units, they could be starter homes that would be in the $350,000 to $400,000 range. The more wooded area with the larger lots would be in a slightly upgraded price range. Wasmoen stated under their proposal, the conservation zone would be protected. Wasmoen stated the only reason a lengthy drive is shown coming back to Kelly Drive is to have a through route for emergency vehicles and installing a gate. Only the residents would be able to access the gate. Wasmoen stated by presenting this as a PUD with an association of homeowners, they would have more control over how runoff is handled and the specific locations of the homes. Wasmoen indicated there is some room to move the house locations around but that they have basically created a very large area that will stay wooded and out of the ravine. The homes have been logically placed to have the least amount of impact on the site. Wasmoen indicated he has also walked the site during the fall and summer and that the homes should not be visible from the lakeside. Wasmoen stated in his view this development will be invisible from the lake. Wasmoen stated if you compare these lots to the homes on the other side of the church, they are creating lots that are similar in size and scope to the other inland lots and not the ones on the lake. Wasmoen MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 3 of 10 stated they are attempting to create a cohesive little neighborhood and building a mix of homes that would appeal to the empty nester. The prices would range from 350,000 up to perhaps a million dollars. Wasmoen stated one other piece to the development is to create a path at the end of the hammerhead. There is some room to elongate that and then have a path down to Kelly to allow people who live in the neighborhood to access the public beach. Wasmoen stated because it would be developed as a PUD, there would be a homeowners association and there will be design criteria that homeowners would have to meet so there will be cohesiveness to the neighborhood. Wasmoen indicated he has spoken with three custom home builders and they feel this is an appropriate use of the property and they are excited about building the homes. Wasmoen stated in his view more thought has gone into this concept plan and that they wanted to make sure they incorporated comments from the City Council and the Planning Commission into this design. Wasmoen stated by incorporating the Shadywood parcel into this development, it will help to create more of a buffer. Schoenzeit asked what the chances are to obtain a curb cut onto Shadywood. Berg noted there is a curb cut there now. Barnhart stated he does not want to guess at what chance there is for a curb cut for this development, but that it would depend on how far away from the intersection it is and whether it lines up with a logical location on the other side of the street. Schoenzeit stated the gate is nice, but without that access, the whole thing kind of falls apart. Wasmoen stated Mr. Bessessen had a discussion with the County previously on one of the other sketches and that the County said as long as you can get off on Kelly Drive, that would be good. Wasmoen stated with the apartment building, the County did not see any reason to allow that access, but because of what is being proposed now, it falls more into what they recommended. Wasmoen stated that was a discussion that happened previously but the logic is there to allow the access. Berg asked how the units could be increased to 12 when the City was not in favor of the five units. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 4 of 10 Wasmoen stated the twin units were 70 to 80 feet wide and very different from what is being proposed now. Wasmoen stated in his view there was a real resistance to that scale of building on the site, and that the issue is where the Metropolitan Council stands on what they would like to see for number of units per acre and being able to develop this in a way that met the feedback that was given at the Council meeting. Berg stated in her view 12 units on this piece of property is too much density. Berg stated she also does not feel they should go on Kelly at all and that everything should go out to Shadywood. Berg stated due to this property being so close to the intersection, no one is going to go out on County Road 19. Berg stated she knows what it is like to get out from Lydiard, and that what is going to happen is they are all going to go down Kelly to Lydiard, which will bring all sorts of traffic into the neighborhood. Berg noted the Planning Commission had a big discussion earlier in the evening about children and safety. Berg stated Kelly Avenue is a short cut during the summer when people are backed up at the stoplight. Berg stated in her view that needs to address. Wasmoen stated only the residents themselves would have access through the gate. Berg stated if there are 24 units and everyone has two cars, there would be 48 more cars coming into this neighborhood. Berg stated over and over it has been said that that was too dense for this property. Berg stated she would locate more homes on the Shadywood property and that she just does not understand why they are looking at 12 units on the residential piece. Wasmoen stated they are going with the three units per acre because it is a requirement of the Metropolitan Council. Wasmoen stated the amount of density was discussed as well as the ability of their client to develop the property to the best use when they met with Staff. Wasmoen stated they need to get to an economical number of homes in order to have a homeowners association and make the development work. Wasmoen noted he had originally shown 32 units on the first sketch and that he has decreased it to three per acre. Wasmoen stated in terms of Kelly, he would not have put the curb cut there, but that when they sit down with the fire marshal, he is going to ask why the street does not go through. Wasmoen stated he felt the gated access would alleviate the traffic concerns. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 5 of 10 Berg stated he is sending more traffic into the neighborhood. Wasmoen stated the residents of this development will be just as concerned about traffic. Berg stated she sees no reason to have the access onto Kelly. Wasmoen stated they can bring the application back after they have talked with the fire marshal but that he is fairly confident the fire marshal will want a through street. Leskinen stated she would agree that it is a little too dense for this area given the traffic concerns. Wasmoen indicated they did discuss the density with Staff and that it boils down to a certain number given the size of the lots. Leskinen stated it feels like a lot for this area given the current traffic issues. Leskinen noted the top parcel is zoned B-4 for potential mixed use, and that she was disappointed to see that it would be single- family. Leskinen stated she thought mixed use on Shadywood would be appropriate. Landgraver stated on the Kelly Avenue side, it does seem like there is still massing there and that he would like to see them spread out but topographically it might not be possible. Wasmoen indicated the homes could be spread out more than what they are, but one of the reasons they did not do that was to preserve a larger green area. Landgraver stated a thought would be to limit the access to Kelly to maybe just the houses on the south side of Delaney and direct all the other people out on Shadywood. Landgraver stated in his view people will go down to Kelly if they can. Landgraver stated the City has a density issue as it relates to city water and sewer and that they keep kicking the can down the road. Landgraver noted the applicants are not proposing to build this as dense MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 6 of 10 as originally proposed and that this development is probably well thought out in terms of spreading the density out over the residential area to the commercial area, which is much more dense. Wasmoen stated it would be a good buffer. Wasmoen stated if you do a visual, you will barely be able to see the six homes from Kelly and that they will be planting additional trees in that area. Wasmoen stated they will not touch that whole piece and it will be masked from Kelly. Wasmoen stated visually it will not be an impact off of Kelly except for where the drive will go. Lemke stated from a density standpoint the plan makes sense and that there is a buffer all around the site. Lemke stated the City needs some higher density areas. Wasmoen stated there are some architecturally designed homes contained in the Commission’s packet and that they are looking at homes with good curb appeal and attempting to create a walkable street. Berg asked if he is thinking two-story homes. Wasmoen indicated they would be two stories or a mixture of one to two stories. Berg stated a story and a half may be more appropriate towards Kelly and then two stories on the Shadywood piece. Berg stated if they are trying to preserve the green area, a two or three-story house would not be something that she would recommend. Schoenzeit asked if the density they are showing matches the Comprehensive Plan. Berg stated she does not agree with the Comprehensive Plan and that it is not well thought out. Berg stated the density on the Shadywood side is not a problem but that the density should be limited on the Kelly Avenue side. Schoenzeit noted the density outside of the gate is higher than what is being proposed here with the four townhome units. Thiesse stated the plan seems to be pretty good but that there are some issues with access onto Kelly. Thiesse stated in his view they will not be able to build without the connection to Kelly. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 7 of 10 Berg stated it is very difficult to get out onto Kelly at certain times of the day. Thiesse stated the City will need to look at how that can be fixed. Wasmoen stated the Shadywood parcel has 12 units on it and the Kelly side has six units. Wasmoen stated the other option is to take one of the units that face Kelly and place it on the other side Barnhart stated he would prefer to collect comments from the Planning Commission and perhaps take public comments tonight and then bring the sketch plan back. Barnhart stated he has heard concerns with density near Kelly Avenue, traffic issues onto Kelly, and the height of the buildings from Kelly. Wasmoen asked if they could have a review of the plan by the fire marshal. Barnhart stated it can be reviewed but that he would hesitate to make the plan too detailed at this point until there is some understanding of the position of the City Council. Barnhart stated he wanted to get the Planning Commission’s first impression of the plan and that the plan will be fine-tuned. Wasmoen stated a review by the fire marshal would resolve the issue of whether access t Kelly will be allowed. Wasmoen stated in his experience with the fire marshal he will want this to be a through street. Berg stated limiting the number of cars that could access Kelly would be an option. Thiesse noted Orono has a number of cul-de-sacs, and asked whether a cul-de-sac could be constructed in this situation. Gaffron stated the majority of the cul-de-sacs are located in the rural areas and that he does not know on which side the fire marshal will weigh in on. Schoenzeit stated he would show it with a cul-de-sac if they really do not want a through street. Leskinen suggested also approaching Hennepin County regarding access to Shadywood. Leskinen stated if they are not able to get access onto Shadywood, that would dramatically change the plan. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 8 of 10 Leskinen noted this is a sketch plan review and that typically a public hearing is not required but that there are a number of people in the audience that may wish to comment on the proposal. Barnhart stated it would not necessarily be a public hearing but that the Planning Commission could hear public comments. Chair Leskinen stated she would allow public comment at this time. Ralph Kempf, 3675 Togo Road, stated as it relates to concerns about traffic in the neighborhood, he would note that in the morning traffic is usually going toward Excelsior and Highway 7 or Highway 15. If someone is going to Minneapolis, going out on Shadywood is not going to work since they would not be able to make that left turn. Kempf stated what someone will be able to do is go down to Kelly, not drive through the neighborhood but take a right, go by the grocery store, and then merge with a right turn onto 15. Kempf stated the cars will not go all the way through the Kelly neighborhood. Berg stated that is not what happens. Kempf stated for the other people who are going toward Excelsior, it would be quicker to go out and take a right on Shadywood rather than drive through Kelly. Kempf stated if he was going out to 15, he would run out and take a right. Kempf stated if he was going to Excelsior, he would not drive all the way through the Kelly neighborhood. Kempf stated in his view the fire marshal would have a problem with it as well as the county given the left turn. Kempf stated it is likely the county will require an access onto Kelly. Judy Fredrickson, 2575 Kelly Avenue, stated she is incredibly disappointed to be back tonight and that she is also disappointed with the applicants as well as with Mr. Gaffron. Fredrickson stated she realizes Mr. Delaney has the right to come back and address the Planning Commission, but that he does not have the right to keep coming back with the same plan. Fredrickson stated he continues to come back with a plan that proposes access onto Kelly Avenue. The applicants have brought a plan for Kelly Avenue time and time again and the City Council has voted no. Fredrickson stated Mr. Delaney has every right to bring a plan forward for the Shadywood part but that the City Council said no on the Kelly Avenue side, MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 9 of 10 that there would be no rezoning of that property and that it should be single-family dwellings. Fredrickson stated the Council further said that it should be single-family one acre, which would be three single-family homes. Fredrickson stated they are now asking to construct 12 homes on that area. Fredrickson stated based on that prior feedback and for them to now ask for 12 is ridiculous and insulting. The City Council voted against it and now everyone is back here again at 11:15 at night talking about the same thing. Fredrickson stated the City Council said they felt that the density of 2.7 units per acre was inconsistent with the lower density of the neighborhood and the development of twin homes would be incompatible with the single-family residential character. Now what is being prosed is 24 units on 4.3 acres, which is a density of .18. Fredrickson stated before it was 3.75 units per acre and now it is .18. Fredrickson stated the new proposal is now twice as dense as the first proposal. Fredrickson stated Mayor McMillan did not say she wanted a lot of starter homes. The reference to the Metropolitan Council is also not true. At the City Council meeting, they talked about the Metropolitan Council, but it was in reference to housing for people who cannot afford housing and access to places to shop for groceries and drug stores. Fredrickson stated the kind of people that would be interested in that type of housing will not be shopping at Lunds since everyone knows that store is expensive. Fredrickson stated the Metropolitan Council is not talking about that kind of density for this area and that they are talking about the Highway 12 corridor and not Navarre. Fredrickson stated the applicants should quit kidding around that the Metropolitan Council is trying to bring in cheap housing in this area and that they should leave Kelly Avenue alone. Fredrickson stated if they want to talk about the new project, they can, but that they should leave Kelly Avenue alone because the residents will fight this. Fredrickson noted 30 feet is the width of this room and that they are proposing 30-foot houses. Fredrickson stated they cannot squeeze 24 houses on this land and that 30-foot homes would not fit in with the rest of the neighborhood. Fredrickson stated they are proposing three, four units on an acre, and then act like they took the residents and Council’s feedback. Fredrickson stated the only reason they are here again is for a return on investment for Mr. Delaney. Fredrickson requested they leave Kelly Avenue alone, noting that the City Council has spoken. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 10 of 10 Frank Masserano, 2650 Shadywood, stated when the Council reviewed the previous application, they said they wanted larger to moderate sized homes on this parcel with one acre minimum per house. Masserino stated they talked about homes of about 4,000 square feet. Masserano stated he and his wife are grateful to the Council and Planning Commission when they worked with the City on their property. Masserano stated they cleaned the proeprty up and have 2.3 acres right now door to this property. Masserano noted Mr. Delaney has owned this property for a long time. Masserano stated the dentist is willing to sell his land and that Mr. Delaney could double his land if he purchases it. Masserano stated he believes in getting a return on your investment but that he would like to have them do what they have done, which is to purchase additional land. Tom Wasmoen stated the first issue he would like to address is the fact that the mayor stated very clearly at the City Council meeting that she did not want to see big homes on this parcel. The mayor did not like the idea of three big homes on this property and that she wanted something to keep people in the neighborhood. Wasmoen stated in his view homes that start in the $350,000 to a million dollar range will attract people of a high caliber and that there will not be people buying these homes who cannot afford to be in this neighborhood. Wasmoen stated they are not low income homes but would be homes that will be aimed at people who want to stay in the community or come into the community. Wasmoen stated given the fact that this development is right up against the retail, in their view it would be a lot easier to market homes of this nature versus trying to sell a $4 million dollar home sites right behind Lunds. Wasmoen stated he hopes the Planning Commission can see that they are trying to create homes that will bring value to the community. Leskinen noted this is a sketch plan and that no formal action needs to be taken by the Planning Commission. Leskinen stated the Planning Commission has provided their feedback and that the sketch plan will go before the City Council. REQUEST FOR COUNCIL ACTION DATE: October 12, 2015 ITEM NO: 16 ______________________________________________________________________________ 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: 2014 Sanitary Sewer Rehabilitation & Manhole Lining – Pay Request No. 2 ______________________________________________________________________________ List of Exhibits A- Contractor’s Pay Request No. 2 1.Purpose. Gain Council authorization for Pay Request #2 of the 2014 Sanitary Sewer Rehabilitation & Manhole Lining Project. 2.Background. At the August 11, 2014 Council meeting, the Council awarded the contract for the 2014 Sanitary Sewer Rehabilitation & Manhole Lining Project to Insituform in the amount of $230,921.50. The project consists of CIPP lining of approximately 4,000 feet of sanitary sewer pipes, manhole reconstruction, and lid replacement. 3.Status. Insituform has completed the project. 4.Funding. This project is being funded from the Sanitary Sewer Enterprise Fund. 5.Recommendation. Public Works and Bolton & Menk have reviewed the pay request, verified the quantities and recommends payment in the amount of $50,438.83. COUNCIL ACTION REQUESTED: Motion to approve Pay Request No. 2 for the contractor Insituform in the amount of $50,438.83 for the 2014 Sanitary Sewer Rehabilitation & Manhole Lining Project. REQUEST FOR COUNCIL ACTION DATE: October 12, 2015 ITEM NO: 17 ______________________________________________________________________________ Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson RJO City Administrator’s Report Title Finance Director _____________________________________________________________________________ Item Description: Cloud Backup Services _____________________________________________________________________________ Attachments: 1. Ronin Security Consulting Recommendation 2.MNJIS Article on Storage of Criminal Justice Information 3.LOGIS Costs 4. Internet Upgrade Costs Background: The amount of data stored on the City’s network servers has been growing at a rapid pace. The data on our servers is currently backed up to a tape device with an eight tape capacity. This device is scheduled to be replaced next year. Because of the amount of data to be backed up, this device should be replaced with a device having a minimum capacity of twenty-four tapes. The cost of a twenty-four tape unit will be approximately $20,000. Discussion: The City has used magnetic tapes for its data backups since the creation of the City network in 1995. The tapes are stored onsite in a fire proof cabinet. Each week one set of tapes (Monday night’s) is transported to LOGIS for off-site storage. This is a system that has been working well, but in the event of a catastrophic event, (tornado, fire, etc) we could lose any data that was stored between the Monday night tape and the time of the event. The solution that has been being explored would be to utilize a cloud based backup system. In a cloud based system our data would be backed up through the internet to an off- site location. This would eliminate the need to transfer tapes offsite and would eliminate the risk of having to restore data from a tape that is up to six days old. In addition, while tapes have been reliable, there is always a risk of a problem with the tape rendering the stored data unreadable. The cloud based system backs up directly to hard drives which eliminates the tape as a failure point. Earlier this year, staff worked with Mike Kearn from Ronin Security Consulting, LLC to explore cloud backup solutions. This consultation was performed at no cost to the City. Because of the legal requirements associated with the storage of Criminal Justice Data, the consultant’s recommendation was to use LOGIS as the solution to our backup needs. There is a one-time setup cost of $5,940 associated with the LOGIS service. This cost would be paid out of the Improvement and Equipment Outlay Fund and is far less than the cost of replacing our current tape drive. The annual cost for using the LOGIS service is estimated to be $8,500 and is based on the amount of data that is being backed up. In addition to the annual backup costs, there will be additional internet costs in the amount of $8,400. Our current fiber connection is 30 Mebegabits per second (MBs). At this bandwidth, it would take an estimated five hours to perform a backup. During this time, network performance and internet usage would be negatively impacted. In order to reduce the amount of time required for the backup, staff is recommending increasing our bandwidth to 100MBs. COUNCIL ACTION REQUESTED: Consider a motion to approve using LOGIS backup services with the startup fee being paid by the Improvement and Equipment Outlay Fund REQUEST FOR COUNCIL ACTION Date: Oct 12, 2015 Item No. 18 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 103806 to 103891, totaling $298,074.70. Noteworthy payments include: Bolton & Menk -$87,785.87 The July payment to Bolton & Menk was never received by them. The check has been voided and replaced. A stop payment was issued to our bank Orono Community Education $ 2,497.11 Payment for the 2015 summer recreation program. There were a total of 252 participants from Orono. Insituform $53,093.51 Payment number 2 for the 2014 Sewer CIPP project. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount A 1 RENTAL 10/12/2015 103806 112644 101-45200-223 auger rental for Lydiard Beach Parks 97.20 Total 103806:97.20 ACCURINT 10/12/2015 103807 1297291-201 101-42110-311 Aug Contract fee Police Department 133.50 Total 103807:133.50 ADVANCED FIRST AID INC 10/12/2015 103808 1015-339 101-42110-240 AED recharge Police Department 488.64 ADVANCED FIRST AID INC 10/12/2015 103808 1015-343 101-42110-440 2 AEDs Police Department 1,200.00 Total 103808:1,688.64 Advanced Imaging Solutions 10/12/2015 103809 83225 101-41900-413 toner shipping Central Services 16.95 Total 103809:16.95 ADVANCED IMAGING SOLUTIO 10/12/2015 103810 288496615 101-41900-413 copier lease 9/20 to 10/20 and overage Central Services 1,492.40 Total 103810:1,492.40 AMERITINT OF MINNESOTA 10/12/2015 103811 15229 101-42110-404 entry door tinting Police Department 290.00 Total 103811:290.00 BATTERIES PLUS 10/12/2015 103812 021-331759 602-49450-227 battery for LS 3 Sewer 116.98 Total 103812:116.98 BCA FORENSIC SCIENCE LAB 10/12/2015 103813 297732 101-42110-311 CJDN connect and operation charge Police Department 510.00 Total 103813:510.00 BCA TRAINING & DEVELOPME 10/12/2015 103814 33481 101-42110-437 training J. Raze Police Department 285.00 Total 103814:285.00 BLUE CROSS BLUE SHIELD OF 10/12/2015 103815 100115 101-21706 Health insurance 27,413.96 BLUE CROSS BLUE SHIELD OF 10/12/2015 103815 100115 101-42110-135 Disability continuation Police Department 532.74 BLUE CROSS BLUE SHIELD OF 10/12/2015 103815 100515 101-21706 Health insurance 14,661.56 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BLUE CROSS BLUE SHIELD OF 10/12/2015 103815 91915 101-21706 Health insurance 2,966.46 BLUE CROSS BLUE SHIELD OF 10/12/2015 103815 91915 101-15998 Cobra 7,073.18 Total 103815:52,647.90 BOLTON & MENK INC.10/07/2015 103325 179478 101-43280-304 2012-01206 2789 Pheasant Rd Special Services 756.00- BOLTON & MENK INC.10/07/2015 103325 179725 651-49910-304 MS4 Admin Storm Water 1,870.00- BOLTON & MENK INC.10/07/2015 103325 179727 601-16500 North system well 3,165.50- BOLTON & MENK INC.10/07/2015 103325 179728 602-16500 Sanitary sewer rehab 1,714.00- BOLTON & MENK INC.10/07/2015 103325 179730 601-16500 Well house/WTP improvement 5,453.87- BOLTON & MENK INC.10/07/2015 103325 179732 435-48964-304 Baldur Park Rd 17,414.00- BOLTON & MENK INC.10/07/2015 103325 179745 101-43280-304 15-3737 1150 Homestead Trl Special Services 54.00- BOLTON & MENK INC.10/07/2015 103325 179746 101-43280-304 15-3739 300 Sixth Ave Special Services 1,080.00- BOLTON & MENK INC.10/07/2015 103325 179747 101-43280-304 15-3725 Highwood Rd Special Services 216.00- BOLTON & MENK INC.10/07/2015 103325 179749 101-43280-304 15-3716 3850 Watertown Rd Special Services 216.00- BOLTON & MENK INC.10/07/2015 103325 179750 101-43280-304 15-3749 Crystal Bay Estates Special Services 1,080.00- BOLTON & MENK INC.10/07/2015 103325 179751 101-43280-304 13-3624 3165 North Shore Special Services 129.00- BOLTON & MENK INC.10/07/2015 103325 179752 101-43280-304 14-3631 Northern Oaks Special Services 225.00- BOLTON & MENK INC.10/07/2015 103325 179753 101-43280-304 Glendale Cove Special Services 225.00- BOLTON & MENK INC.10/07/2015 103325 179754 601-49400-304 GIS/mapping water Water 480.00- BOLTON & MENK INC.10/07/2015 103325 179754 602-49450-304 GIS/mapping sewer Sewer 425.00- BOLTON & MENK INC.10/07/2015 103325 179754 651-49910-304 GIS/mapping storm sewer Storm Water 10,780.00- BOLTON & MENK INC.10/07/2015 103325 179756 602-49450-304 Sewer improvements Sewer 150.00- BOLTON & MENK INC.10/07/2015 103325 179759 402-48056-304 Watertown Rd imp Watertown Road 30,721.50- BOLTON & MENK INC.10/07/2015 103325 179760 651-16500 Kelley Ave storm sewer 7,107.50- BOLTON & MENK INC.10/07/2015 103325 179761 101-43280-304 Lakeview Addn Special Services 3,991.50- BOLTON & MENK INC.10/07/2015 103325 179762 408-48800-590 Navarre lighting 457.00- BOLTON & MENK INC.10/07/2015 103325 179763 101-43170-304 Willow Drive recon Engineering 75.00- Total 103325:87,785.87- BOLTON & MENK INC.10/07/2015 103805 179478 101-43280-304 2012-01206 2789 Pheasant Rd Special Services 756.00 BOLTON & MENK INC.10/07/2015 103805 179725 651-49910-304 MS4 Admin Storm Water 1,870.00 BOLTON & MENK INC.10/07/2015 103805 179727 601-16500 North system well 3,165.50 BOLTON & MENK INC.10/07/2015 103805 179728 602-16500 Sanitary sewer rehab 1,714.00 BOLTON & MENK INC.10/07/2015 103805 179730 601-16500 Well house/WTP improvement 5,453.87 BOLTON & MENK INC.10/07/2015 103805 179732 435-48964-304 Baldur Park Rd 17,414.00 BOLTON & MENK INC.10/07/2015 103805 179745 101-43280-304 15-3737 1150 Homestead Trl Special Services 54.00 BOLTON & MENK INC.10/07/2015 103805 179746 101-43280-304 15-3739 300 Sixth Ave Special Services 1,080.00 BOLTON & MENK INC.10/07/2015 103805 179747 101-43280-304 15-3725 Highwood Rd Special Services 216.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC.10/07/2015 103805 179749 101-43280-304 15-3716 3850 Watertown Rd Special Services 216.00 BOLTON & MENK INC.10/07/2015 103805 179750 101-43280-304 15-3749 Crystal Bay Estates Special Services 1,080.00 BOLTON & MENK INC.10/07/2015 103805 179751 101-43280-304 13-3624 3165 North Shore Special Services 129.00 BOLTON & MENK INC.10/07/2015 103805 179752 101-43280-304 14-3631 Northern Oaks Special Services 225.00 BOLTON & MENK INC.10/07/2015 103805 179753 101-43280-304 Glendale Cove Special Services 225.00 BOLTON & MENK INC.10/07/2015 103805 179754 601-49400-304 GIS/mapping water Water 480.00 BOLTON & MENK INC.10/07/2015 103805 179754 602-49450-304 GIS/mapping sewer Sewer 425.00 BOLTON & MENK INC.10/07/2015 103805 179754 651-49910-304 GIS/mapping storm sewer Storm Water 10,780.00 BOLTON & MENK INC.10/07/2015 103805 179756 602-49450-304 Sewer improvements Sewer 150.00 BOLTON & MENK INC.10/07/2015 103805 179759 402-48056-304 Watertown Rd imp Watertown Road 30,721.50 BOLTON & MENK INC.10/07/2015 103805 179760 651-16500 Kelley Ave storm sewer 7,107.50 BOLTON & MENK INC.10/07/2015 103805 179761 101-43280-304 Lakeview Addn Special Services 3,991.50 BOLTON & MENK INC.10/07/2015 103805 179762 408-48800-590 Navarre lighting 457.00 BOLTON & MENK INC.10/07/2015 103805 179763 101-43170-304 Willow Drive recon Engineering 75.00 Total 103805:87,785.87 BOLTON & MENK INC.10/12/2015 103816 181957 601-16500 Well house/WTP improvement 7,063.93 BOLTON & MENK INC.10/12/2015 103816 181958 435-48964-304 Baldur Park Rd 4,094.50 BOLTON & MENK INC.10/12/2015 103816 181959 101-43280-304 15-3763 200 Stubbs Bay Rd Special Services 732.00 BOLTON & MENK INC.10/12/2015 103816 181960 101-43280-304 14-3669 3850 Watertown Rd Special Services 75.00 BOLTON & MENK INC.10/12/2015 103816 181962 101-43280-304 1100 Pineview Special Services 129.00 BOLTON & MENK INC.10/12/2015 103816 181963 101-43280-304 2014-00160 1575 Maple Place Rd Special Services 150.00 BOLTON & MENK INC.10/12/2015 103816 181964 101-43280-304 2014-01100 1141 Elmwood Ave Special Services 75.00 BOLTON & MENK INC.10/12/2015 103816 181965 101-43280-304 2015-00718 2560 Kelly Ave Special Services 150.00 BOLTON & MENK INC.10/12/2015 103816 181966 101-43280-304 15-3739 Mooney Lake Preserve Special Services 324.00 BOLTON & MENK INC.10/12/2015 103816 181967 101-43280-304 15-3749 Crystal Bay Estates Special Services 54.00 BOLTON & MENK INC.10/12/2015 103816 181968 101-43280-304 15-3763 200 Stubbs Bay Rd Special Services 108.00 BOLTON & MENK INC.10/12/2015 103816 181969 101-43280-304 3409 East Lake St Special Services 108.00 BOLTON & MENK INC.10/12/2015 103816 181970 101-43280-304 15-3770 460 Orchard Park Rd Special Services 702.00 BOLTON & MENK INC.10/12/2015 103816 181971 101-43280-304 15-3774 1700 Shoreline Dr Special Services 702.00 BOLTON & MENK INC.10/12/2015 103816 181972 101-43280-304 15-3733 1185 Ferndale Rd Special Services 324.00 BOLTON & MENK INC.10/12/2015 103816 181973 101-43280-304 15-3767 3683 North Shore Dr Special Services 226.00 BOLTON & MENK INC.10/12/2015 103816 181974 101-43280-304 15-3725 4167 Highwood Rd Special Services 54.00 BOLTON & MENK INC.10/12/2015 103816 181975 601-49400-304 GIS/mapping Water 75.00 BOLTON & MENK INC.10/12/2015 103816 181975 602-49450-304 GIS/mapping Sewer 75.00 BOLTON & MENK INC.10/12/2015 103816 181975 651-49910-304 GIS/mapping Storm Water 3,315.00 BOLTON & MENK INC.10/12/2015 103816 181976 602-49450-304 Misc engineering sewer Sewer 501.86 BOLTON & MENK INC.10/12/2015 103816 181976 651-49910-304 Misc engineering storm sewer Storm Water 542.00 BOLTON & MENK INC.10/12/2015 103816 181977 602-16500 sewer improvements 672.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount BOLTON & MENK INC.10/12/2015 103816 181978 402-48056-304 Watertown Rd improvements Watertown Road 20,327.75 BOLTON & MENK INC.10/12/2015 103816 181979 601-49400-304 AT&T plan review Water 407.30 BOLTON & MENK INC.10/12/2015 103816 181980 602-16500 Kelly Ave sewer outfall 5,149.50 BOLTON & MENK INC.10/12/2015 103816 181981 101-43280-304 15-3723 Lakeview Special Services 704.00 Total 103816:46,840.84 BUDGET PRINTING 10/12/2015 103817 8270 101-41900-322 shipping Central Services 5.00 Total 103817:5.00 BUHMAN, DION 10/12/2015 103818 100715 101-22205 Escrow refund 2014-01064 2,500.00 Total 103818:2,500.00 CARDMEMBER SERVICE 10/12/2015 103819 AE100515 101-43000-437 APWA conf-U of M Public Works Department 245.00 CARDMEMBER SERVICE 10/12/2015 103819 CF100215 101-42110-437 business lunch for Rotary-Grizzly's Police Department 21.22 CARDMEMBER SERVICE 10/12/2015 103819 CF100215B 101-42110-201 clock-Menards Police Department 21.36 CARDMEMBER SERVICE 10/12/2015 103819 CF92215 101-42110-437 lodging for training-Camp Ripley AmericInn Police Department 148.32 CARDMEMBER SERVICE 10/12/2015 103819 CF92815 101-42110-439 cake for swearing in-Lunds Police Department 35.99 CARDMEMBER SERVICE 10/12/2015 103819 CF92915 101-42110-437 Westonka Community/Commerce meeting (qty 2)Police Department 40.00 CARDMEMBER SERVICE 10/12/2015 103819 JL92815 101-41300-489 food for employee welcome-Panera Administration 27.87 CARDMEMBER SERVICE 10/12/2015 103819 JL92815 101-41110-439 food for council meeting-Jimmy Johns Mayor & Council 67.37 CARDMEMBER SERVICE 10/12/2015 103819 RO92515 101-41500-437 lodging MNGFOA conf-Arrowwood Finance Department 231.92 CARDMEMBER SERVICE 10/12/2015 103819 SO92915 101-45200-223 fence for Lydiard Beach-Menards Parks 468.04 CARDMEMBER SERVICE 10/12/2015 103819 SO93015 602-49450-212 fuel-Holiday Sewer 20.14 Total 103819:1,327.23 CENTERPOINT ENERGY MAIN 10/12/2015 103820 92915 601-49400-381 8/21 to 9/21 Water 215.09 CENTERPOINT ENERGY MAIN 10/12/2015 103820 92915 602-49450-381 8/21 to 9/21 Sewer 143.17 CENTERPOINT ENERGY MAIN 10/12/2015 103820 92915 101-41900-381 8/21 to 9/21 Central Services 87.21 CENTERPOINT ENERGY MAIN 10/12/2015 103820 92915 101-42110-381 8/21 to 9/21 Police Department 35.19 CENTERPOINT ENERGY MAIN 10/12/2015 103820 92915 101-45210-381 8/21 to 9/21 Golf Course 22.44 Total 103820:503.10 CENTURY LINK 10/12/2015 103821 91915 101-45210-321 Golf Course dsl/phone Golf Course 194.13 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103821:194.13 CHAMBERLAIN CAPITAL LLC 10/12/2015 103822 100715 101-22205 Escrow refund 15-3735 2,500.00 Total 103822:2,500.00 CHARLES KROGNESS 10/12/2015 103823 92815 999-10015 UB refund 2.00 Total 103823:2.00 CHUNKS LAKESHORE AUTO 10/12/2015 103824 13167 101-42110-402 #240 oil change, tire rotation Police Department 77.08 CHUNKS LAKESHORE AUTO 10/12/2015 103824 13172 101-42110-402 #237 oil change, minor repairs Police Department 42.74 CHUNKS LAKESHORE AUTO 10/12/2015 103824 13187 101-42110-402 #238 oil change Police Department 42.74 Total 103824:162.56 CITYVIEW PLUMBING & HEATIN 10/12/2015 103825 43344 101-45210-404 golf course toilet repair Golf Course 148.00 CITYVIEW PLUMBING & HEATIN 10/12/2015 103825 92115 601-49400-405 vauum breaker repair Water 50.62 Total 103825:198.62 CNA LTC 10/12/2015 103826 1595527 101-21715 Long term care 10/15 68.70 Total 103826:68.70 COLONIAL SUPPLEMENTAL IN 10/12/2015 103827 3128642-100 101-21714 STD 10/15 644.05 Total 103827:644.05 Colson Custom Homes 10/12/2015 103828 100715 101-22205 Escrow refund 2015-00952 700.00 Total 103828:700.00 CRABTREE COMPANIES INC 10/12/2015 103829 134275 101-42110-416 imaging software annual support/licensing Police Department 3,375.00 Total 103829:3,375.00 DAY DISTRIBUTING CO 10/12/2015 103830 822235 101-45210-091 beer Golf Course 117.80 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103830:117.80 DIAMOND MOWERS INC.10/12/2015 103831 103544 101-43000-221 mower repair parts Public Works Department 77.77 Total 103831:77.77 DIANE TIEGS 10/12/2015 103832 92815 101-41300-489 reimb food for welcome Administration 11.97 Total 103832:11.97 ESRI 10/12/2015 103833 93035375 602-49450-416 ArcView licensing Sewer 700.00 Total 103833:700.00 FERGUSON WATERWORKS #2 10/12/2015 103834 163309 601-49400-416 Neptune software maintenance-3 years Water 2,250.00 Total 103834:2,250.00 FIRST LAB 10/12/2015 103835 130099 101-41900-489 DOT random drug screen Central Services 42.95 Total 103835:42.95 G & K SERVICES 10/12/2015 103836 1006307415 101-41900-404 mats Central Services 14.40 G & K SERVICES 10/12/2015 103836 1006307415 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 10/12/2015 103836 1006307415 101-43000-226 uniform Public Works Department 25.89 G & K SERVICES 10/12/2015 103836 1006307415 601-49400-226 uniform Water 12.95 G & K SERVICES 10/12/2015 103836 1006307415 602-49450-226 uniform Sewer 12.94 G & K SERVICES 10/12/2015 103836 1006318724 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 10/12/2015 103836 1006318724 101-43000-226 uniform Public Works Department 25.89 G & K SERVICES 10/12/2015 103836 1006318724 601-49400-226 uniform Water 12.94 G & K SERVICES 10/12/2015 103836 1006318724 602-49450-226 uniform Sewer 12.95 G & K SERVICES 10/12/2015 103836 1006330153 101-43000-221 towels Public Works Department 6.38 G & K SERVICES 10/12/2015 103836 1006330153 602-49450-226 uniform Sewer 14.92 G & K SERVICES 10/12/2015 103836 1006330153 601-49400-226 uniform Water 14.93 G & K SERVICES 10/12/2015 103836 1006330153 101-43000-226 uniform Public Works Department 29.85 G & K SERVICES 10/12/2015 103836 1006332566 101-41900-404 mats council chambers Central Services 10.80 G & K SERVICES 10/12/2015 103836 1006332567 101-41900-404 mats City Hall Central Services 21.20 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103836:228.80 GENUINE PARTS COMPANY/NA 10/12/2015 103837 277584 101-43000-222 repair parts Public Works Department 19.85 GENUINE PARTS COMPANY/NA 10/12/2015 103837 290056 101-43000-222 repair parts Public Works Department 17.49 Total 103837:37.34 GOPHER STATE ONE CALL 10/12/2015 103838 146837 601-49400-489 locates Water 289.43 GOPHER STATE ONE CALL 10/12/2015 103838 146837 602-49450-489 locates Sewer 289.42 Total 103838:578.85 GRAINGER INC 10/12/2015 103839 506510418 602-49450-406 LS 3 repair parts Sewer 45.03 Total 103839:45.03 HD SUPPLY WATERWORKS LT 10/12/2015 103840 572377 601-49400-227 hydrant supplies for stock Water 915.84 Total 103840:915.84 HENNEPIN COUNTY INFOR TE 10/12/2015 103841 1000065523 101-42110-414 radio lease and MDC billing Police Department 1,690.12 Total 103841:1,690.12 INSIDE THE TAPE 10/12/2015 103842 92815 101-42110-437 death investigation training J. Wittke Police Department 325.00 Total 103842:325.00 INSITUFORM 10/12/2015 103843 100515 602-16500 2014 Sanitary Sewer CIPP rehab 53,093.51 INSITUFORM 10/12/2015 103843 100515 602-20600 2014 Sanitary Sewer CIPP rehab 2,654.68- Total 103843:50,438.83 INTEGRA TELECOM 10/12/2015 103844 13314400 101-42110-321 Phone service Police Department 244.30 INTEGRA TELECOM 10/12/2015 103844 13314400 101-41900-321 Phone Service Central Services 342.01 INTEGRA TELECOM 10/12/2015 103844 13314400 601-49400-321 Phone Service Water 57.00 INTEGRA TELECOM 10/12/2015 103844 13314400 602-49450-321 Phone Service Sewer 171.01 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103844:814.32 JEREMY BARNHART 10/12/2015 103845 92515 101-42400-437 mileage reimb-Bemidji APA conf Building & Zoning 248.40 JEREMY BARNHART 10/12/2015 103845 92515 101-42400-331 mileage reimb-site visits Building & Zoning 25.88 JEREMY BARNHART 10/12/2015 103845 92515 101-42400-437 reimb lodging APA conf Building & Zoning 263.90 JEREMY BARNHART 10/12/2015 103845 92515 101-41900-201 reimb office supplies Central Services 10.99 Total 103845:549.17 KENNETH N POTTS PA 10/12/2015 103846 100115 101-41600-306 prosecution services Sep Law/Legal Services 3,000.00 KENNETH N POTTS PA 10/12/2015 103846 91015 231-45650-307 Forfeit 2003 Chev Pickup 450.00 Total 103846:3,450.00 LONG LAKE TRUE VALUE 10/12/2015 103847 B286114 101-43000-224 supplies Public Works Department 5.46 LONG LAKE TRUE VALUE 10/12/2015 103847 B290024 101-43000-224 sign parts Public Works Department 2.34 Total 103847:7.80 MACQUEEN EQUIPMENT 10/12/2015 103848 2155186 602-49450-402 #713 screen Sewer 94.59 Total 103848:94.59 MANSFIELD OIL COMPANY 10/12/2015 103849 836918 101-43000-212 Diesel Public Works Department 180.24 MANSFIELD OIL COMPANY 10/12/2015 103849 836919 101-42110-212 Fuel PD Police Department 2,618.41 Total 103849:2,798.65 Mediacom 10/12/2015 103850 92115 614-49840-329 internet Cable Franchise 243.50 Mediacom 10/12/2015 103850 92115 101-41900-329 internet Central Services 121.75 Mediacom 10/12/2015 103850 92115 101-42110-329 internet Police Department 121.75 Total 103850:487.00 MEDIACOM 10/12/2015 103851 92615 101-45210-415 GC cable Golf Course 7.34 Total 103851:7.34 MET COUNCIL ENVIRONMENTA 10/12/2015 103852 93015 101-20809 Sac 9,940.00 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MET COUNCIL ENVIRONMENTA 10/12/2015 103852 93015 101-39610 SAC credit 99.40- Total 103852:9,840.60 MET COUNCIL ENVIRONMENTA 10/12/2015 103853 1048753 602-49450-383 Nov wastewater service Sewer 40,608.92 Total 103853:40,608.92 MEYERS OUTDOOR SERVICES 10/12/2015 103854 4248 101-45200-404 Sept service Parks 2,175.00 Total 103854:2,175.00 MN DEPT OF LABOR & INDUST 10/12/2015 103855 93015 101-20802 23306053170 3rd Qtr surcharge 6,750.48 MN DEPT OF LABOR & INDUST 10/12/2015 103855 93015 101-39610 23306053170 3rd Qtr Surcharge credit 270.02- Total 103855:6,480.46 MN NCPERS GROUP LIFE INS 10/12/2015 103856 67321015 101-21710 Pera life 10/15 224.00 Total 103856:224.00 MORRIES PARTS AND SERVIC 10/12/2015 103857 535254 101-43000-402 repair parts Public Works Department 194.29 Total 103857:194.29 NAVARRE HARDWARE 10/12/2015 103858 288701 101-45210-223 supplies Golf Course 23.94 NAVARRE HARDWARE 10/12/2015 103858 288712 101-43000-224 supplies Public Works Department 11.77 NAVARRE HARDWARE 10/12/2015 103858 288765 601-49400-227 supplies Water 4.49 NAVARRE HARDWARE 10/12/2015 103858 288792 602-49450-227 supplies Sewer 38.97 NAVARRE HARDWARE 10/12/2015 103858 288794 601-49400-405 supplies Water 39.97 NAVARRE HARDWARE 10/12/2015 103858 288810 101-43000-224 keys Public Works Department 20.01 NAVARRE HARDWARE 10/12/2015 103858 288839 601-49400-227 supplies Water 13.99 NAVARRE HARDWARE 10/12/2015 103858 288839 602-49450-227 supplies Sewer 65.94 NAVARRE HARDWARE 10/12/2015 103858 288910 101-43000-224 sign parts Public Works Department 12.00 NAVARRE HARDWARE 10/12/2015 103858 288964 101-43000-224 sign parts Public Works Department 37.58 Total 103858:268.66 NORTHERN LIGHTS DISPLAY 10/12/2015 103859 2776 101-43290-800 Holiday lights-Navarre Special Projects-Contingencies 4,460.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103859:4,460.00 NOVA COMMUNICATIONS 10/12/2015 103860 94139 101-41900-401 Phone maintenance Central Services 415.00 NOVA COMMUNICATIONS 10/12/2015 103860 94172 101-41900-401 Phone maintenance Central Services 60.00 Total 103860:475.00 OFFICE DEPOT 10/12/2015 103861 7853957790 101-42110-201 office supplies Police Department 194.32 OFFICE DEPOT 10/12/2015 103861 7868666370 101-42110-201 office supplies Police Department 68.08 OFFICE DEPOT 10/12/2015 103861 7955060620 101-42110-201 office supplies Police Department 68.85 Total 103861:331.25 OFFICE DEPOT 10/12/2015 103862 7960212050 101-41900-201 office supplies Central Services 96.03 Total 103862:96.03 OKEY, DAPHNE 10/12/2015 103863 100715 614-49840-319 meeting video production 7/13 to 9/28 Cable Franchise 400.00 Total 103863:400.00 ORONO COMMUNITY EDUCATI 10/12/2015 103864 92315 101-41800-490 2015 summer recreation program (252 participants)Human Services 2,497.11 Total 103864:2,497.11 PETER ZIMMERMAN 10/12/2015 103865 92315 101-41500-437 mileage reimb MNGFOA conference Finance Department 128.80 Total 103865:128.80 PRAIRIE RESTORATIONS INC 10/12/2015 103866 37184 101-45200-404 French Creek Park weed treatment Parks 432.05 PRAIRIE RESTORATIONS INC 10/12/2015 103866 37529 234-45680-404 Lurton Park weed control 5,500.00 Total 103866:5,932.05 QUALITY FLOW SYSTEMS INC 10/12/2015 103867 31078 602-49450-406 LS 3 repair Sewer 3,400.00 Total 103867:3,400.00 READY WATT ELECTRIC 10/12/2015 103868 99512 101-42110-403 Siren repair Police Department 730.00 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103868:730.00 REED VENDING 10/12/2015 103869 9125 101-45210-094 concession supplies Golf Course 181.00 Total 103869:181.00 RON STEFFENHAGEN 10/12/2015 103870 92615 101-45210-223 reimb for ice Golf Course 14.97 Total 103870:14.97 SCHWAAB INC 10/12/2015 103871 7435 101-41900-201 stamps Central Services 157.14 Total 103871:157.14 SELECT ACCOUNT 10/12/2015 103872 100615 101-21719 10/06/15 FLEX 415.40 Total 103872:415.40 SELECT ACCOUNT 10/12/2015 103873 92915 101-21719 9/29/15 FLEX 438.22 Total 103873:438.22 SUN LIFE FINANCIAL 10/12/2015 103874 100815 101-15998 Cobra Life Insurance Oct .50 SUN LIFE FINANCIAL 10/12/2015 103874 100815 101-21710 Life Insurance Oct 1,283.70 Total 103874:1,284.20 TAN, SREY 10/12/2015 103875 100615 999-10015 UB refund 101.01 Total 103875:101.01 THORPE DIST CO 10/12/2015 103876 922049 101-45210-091 beer Golf Course 91.50 Total 103876:91.50 TRI CITY LAB 10/12/2015 103877 93015 601-49400-489 water testing Water 31.50 Total 103877:31.50 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount TWIN CITY GARAGE DOOR CO 10/12/2015 103878 446013 101-42110-404 garage door repair PD Police Department 1,142.80 TWIN CITY GARAGE DOOR CO 10/12/2015 103878 446906 101-42110-404 garage door repair PD Police Department 845.10 Total 103878:1,987.90 UNITED STATES POSTAL SERV 10/07/2015 103804 100715 601-49400-322 3rd Qtr Utility Bills Water 69.27 UNITED STATES POSTAL SERV 10/07/2015 103804 100715 602-49450-322 3rd Qtr Utility Bills Sewer 380.99 UNITED STATES POSTAL SERV 10/07/2015 103804 100715 651-49910-322 3rd Qtr Utility Bills Storm Water 380.99 Total 103804:831.25 VANGUARD CLEANING SYSTE 10/12/2015 103879 40948 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 10/12/2015 103879 40948 101-42110-407 Janitorial service Police Department 1,039.50 Total 103879:2,475.00 VIKING AUTOMATIC SPRINKLE 10/12/2015 103880 6524 101-41900-404 annual fire inspection PW Central Services 260.00 VIKING AUTOMATIC SPRINKLE 10/12/2015 103880 6525 101-41900-404 annual fire inspection City Hall Central Services 650.00 Total 103880:910.00 VINTAGE WASTE SYSTEMS IN 10/12/2015 103881 92215 101-45210-404 Sept services Golf Course 45.00 VINTAGE WASTE SYSTEMS IN 10/12/2015 103881 92215 101-41900-404 Sept services Central Services 195.00 VINTAGE WASTE SYSTEMS IN 10/12/2015 103881 92215 101-45200-404 Sept services Parks 271.50 Total 103881:511.50 WASTE MANAGEMENT RECYC 10/12/2015 103882 14139-2808-603-49500-316 Recycling Oct 8,723.20 Total 103882:8,723.20 WATER CONSERVATION SVC I 10/12/2015 103883 6269 601-49400-405 leak locate Orono Ice Arena Water 283.35 Total 103883:283.35 WESTSIDE WHOLESALE TIRE 10/12/2015 103884 754314 602-49450-402 tire repair #712 Sewer 20.00 Total 103884:20.00 WIDMER CONTSTRUCTION 10/12/2015 103885 4009 406-48748-530 pipe replacement Stonebay 3,311.00 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 103885:3,311.00 WILLIAMS TOWING 10/12/2015 103886 139247 231-45650-436 15-011053 2006 Monte Carlo 262.00 WILLIAMS TOWING 10/12/2015 103886 139388 231-45650-436 15-011592 2013 Infiniti 155.00 WILLIAMS TOWING 10/12/2015 103886 139418 231-45650-436 15-01960 2000 Olds Bravada 155.00 Total 103886:572.00 WINDSTREAM 10/12/2015 103887 58781253 601-49400-321 water plant phone Water 54.84 Total 103887:54.84 WINGS FINANCIAL CREDIT UNI 10/12/2015 103888 92315 101-42110-311 record retrieval Police Department 18.00 Total 103888:18.00 XCEL ENERGY 10/12/2015 103889 473535054 101-41900-381 8/23 to 9/22 Central Services 1,784.31 XCEL ENERGY 10/12/2015 103889 473535054 101-42110-381 8/23 to 9/22 Police Department 1,007.14 XCEL ENERGY 10/12/2015 103889 473535054 101-42110-381 8/23 to 9/22 Police Department 37.01 XCEL ENERGY 10/12/2015 103889 473535054 101-43000-381 8/23 to 9/22 Public Works Department 156.00 XCEL ENERGY 10/12/2015 103889 473535054 101-43000-386 8/23 to 9/22 Public Works Department 1,995.68 XCEL ENERGY 10/12/2015 103889 473535054 101-45200-381 8/23 to 9/22 Parks 34.77 XCEL ENERGY 10/12/2015 103889 473535054 601-49400-381 8/23 to 9/22 Water 5,943.48 XCEL ENERGY 10/12/2015 103889 473535054 602-49450-381 8/23 to 9/22 Sewer 2,281.26 XCEL ENERGY 10/12/2015 103889 473535054 101-45210-381 8/23 to 9/22 Golf Course 997.11 Total 103889:14,236.76 XTREME MOBILE SMALL ENGIN 10/12/2015 103890 150917556 101-45210-403 mower repair Golf Course 85.82 Total 103890:85.82 YAMAHA MOTOR CORP.10/12/2015 103891 561848 101-45210-415 golf cart lease Golf Course 1,128.00 Total 103891:1,128.00 Grand Totals: 298,074.70 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 9/29/2015 - 10/12/2015 Oct 08, 2015 09:13AM